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COLORADO BUREAU
OF INVESTIGATION

Sexually Violent Predator (SVP) and Community Notification Process


HOW A SEX OFFENDER IS CLASSIFIED OR DESIGNATED AN SVP

There are two ways in which a Sex Offender may receive the SVP designation. The first way is through a Colorado assessment instrument. The second way is an equivalency determination made by the Colorado Department of Public Safety (CDPS) for offenders moving to Colorado from out of state.

Criteria for Assessment of Colorado Convictions

  • The offender must be 18 years or older on the date the offense was committed, OR, less than 18 years of age on the date the offense was committed, but tried as an adult.
  • The crime must have been committed on or after July 1, 1997 and the conviction must have occurred on or after July 1, 1999.
  • The conviction can include attempts, solicitations and conspiracies to any one or more of the following:
    • Sexual Assault
    • Unlawful Sexual Contact
    • Sexual Assault on a child
    • Sexual Assault on a child/Position of Trust
  • The victim must have been a stranger to the offender or a person with whom the offender established or promoted a relationship primarily for the purpose of sexual victimization.

Criteria for Assessment of SVP Equivalency - Out of State Offenders

  • One who has been assessed or labeled at the highest registration and notification levels in the jurisdiction where the conviction was entered.
  • One who satisfies the age requirement pursuant to Colorado law.
  • One who satisfies the date of offense requirement pursuant to Colorado law.
  • One who satisfies the conviction requirements for SVP status pursuant to Colorado law.

SVP Assessment Instrument

  • Includes assessment for the presence of mental abnormality, prior sexual convictions, and risk factors related to sexual re-offense.
  • Administered by probation or the Colorado Department of Corrections (CDOC) and an evaluator approved by the Sex Offender Management Board (SOMB).
  • For offenders who meet scoring criteria, a recommendation will be made to the court or parole board to be classified as an SVP. The court or parole board may then choose to designate a sex offender as an SVP at their discretion.

SVP Community Notification

  • All designated SVP's are subject to community notification (C.R.S.16-13-903).
  • The local law enforcement agency conducts community notification in accordance with SOMB criteria and protocol.
  • Community notification occurs in one of two ways:
    • Passive: The public is able to access a list of registered sex offenders or view registrants on a public website.
    • Active: When law enforcement provides information to citizens about a sexually violent predator via a public meeting or electronic notification process.

FREQUENTLY ASKED QUESTIONS ABOUT SVP's

The majority of SVPs are sentenced to prison, however, some SVPs are granted community supervision (e.g. probation or community corrections). SVPs who are incarcerated may be released at some point to the community under parole supervision with treatment. SVPs represent a small percentage of convicted Sex Offenders in Colorado (less than 20%). SVPs do not represent all dangerous Sex Offenders and the community notification process may not be a deterrent to sexual assault. The most dangerous offender is the one who is either undetected or who is not complying with registration, treatment or supervision.

Currently, Colorado law authorizes community notification for offenders designated as the highest risk, Sexually Violent Predator's (SVPs). The sex offender registry is accessible through the Colorado Bureau of Investigation (CBI) or your local law enforcement website (police department or sheriff's office). The CBI can supply information statewide, whereas your local law enforcement will only have information pertaining to your specific community. In addition, CBI website information will not include misdemeanor convictions or juvenile offenses. Obtaining the list in person (a hard copy) from your local agency or the CBI will include such information.

Statistically an SVP is more likely to reoffend. Risk assessment of an offender is not perfect, therefore, it is impossible to predict with complete accuracy which offender will or will not reoffend.

For offenders who are under criminal justice supervision, a supervising officer determines where an offender may live based on individual risk and needs. However, several jurisdictions in Colorado have municipal ordinances prohibiting sex offenders from living near schools, parks, and/or daycare centers. The State of Colorado currently has no law prohibiting where a sex offender may live. Research supports the fact that these types of laws are not only difficult to enforce, but ultimately counterproductive to community safety (Rodriguez & Dethlefsen, 2009, "White Paper on the Use of Residence Restrictions as a Sex Offender Management", for the State of Colorado's Sex Offender Management Board, Division of Criminal Justice, and Colorado Department of Public Safety).

FOR ADDITIONAL INFORMATION CONTACT:

Colorado Bureau of Investigation
690 Kipling Street
Denver, Colorado 80215
Voice: (303) 239-4222
Fax: (303) 239-4661