Make Sex Offender Registration More Effective

Sex offender registration - discontinue registration - waive in-person registration. Under current law, a person is required to register as a sex offender (registrant) in Colorado if he or she is a Colorado resident and is required to register in another state. The act allows a registrant to petition the court for an order that discontinues the requirement for registration for offense classifications that he or she would not be required to register for if convicted in Colorado.

In addition, a registrant is required to register in person at his or her local law enforcement agency. The act allows the law enforcement agency to waive the in-person registration requirement after initial registration if the registrant suffers from a chronic physical or intellectual disability to the extent that it is a severe hardship to register in person and there is a medical record of the disability. If the waiver is authorized, the law enforcement agency must reregister the registrant after verifying the registrant's address and provide documentation of the waiver to the Colorado bureau of investigation and any other law enforcement agency with which the registrant registers.

Under current law, specified registrants can file a petition to discontinue registration. The act requires the court to grant a petition to discontinue registration if the registrant has successfully completed his or her sentence, the registrant has not been convicted of a subsequent sex offense, and the required waiting period has expired, unless the prosecuting attorney or victim objects and presents credible evidence that the registrant is likely to commit a subsequent offense of unlawful sexual behavior.

Notwithstanding any statutory barriers to the contrary, the act allows a registrant or his or her legal representative to file a petition to discontinue registration if the registrant is permanently incapacitated and does not present an unreasonable public safety risk. The court shall grant the petition if the petitioner shows that the registrant is incapacitated, does not present an unreasonable public safety risk, and is not likely to commit a subsequent sex offense.

(Note: This summary applies to this bill as enacted.)