Part 9. Sentencing of Sex Offenders

This part 9 shall be known and may be cited as the “Colorado Sex Offenders Act of 1968”.

The provisions of this part 9 shall apply to persons sentenced for offenses committed prior to November 1, 1998.

As used in this part 9, unless the context otherwise requires:
(1) “Board” means the state board of parole.
(2) “Conviction” means conviction after trial by court or jury or acceptance of a plea of guilty.
(3) “Department” means the department of corrections.
(4) “Sex offender” means a person convicted of a sex offense.
(5) “Sex offense” means sexual assault, except misdemeanor sexual assault in the third degree, as set forth in section 18-3-404(2), as it existed prior to July 1, 2000; sexual assault on a child, as defined in section 18-3-405; aggravated incest, as defined in section 18-6-302; and an attempt to commit any of the offenses mentioned in this subsection (5).

The district court having jurisdiction may, subject to the requirements of this part 9, in lieu of the sentence otherwise provided by law, commit a sex offender to the custody of the department for an indeterminate term having a minimum of one day and a maximum of his or her natural life.

Before the district court may accept a plea of guilty from any person charged with a sex offense, the court shall, in addition to any other requirement of law, advise the defendant that he or she may be committed to the custody of the department, including any penal institution under the jurisdiction of the department, as provided in section 18-1.3-904.

Within twenty-one days after the conviction of a sex offense, upon the motion of the district attorney, the defendant, or the court, the court shall commence proceedings under this part 9 by ordering the district attorney to prepare a notice of the commencement of proceedings and to serve that notice upon the defendant personally.

(1) Upon the commencement of proceedings, the court shall advise the defendant, orally and in writing, that:
(a) The defendant is to be examined in accordance with the provisions of section 18-1.3-908;
(b) The defendant has a right to counsel, and, if the defendant is indigent, counsel will be appointed to represent him or her;
(c) The defendant has a right to remain silent;
(d) An evidentiary hearing will be held pursuant to section 18-1.3-911, and the defendant and his or her counsel will be furnished with copies of all reports prepared for the court pursuant to sections 18-1.3-908 and 18-1.3-909 at least fourteen days prior to the evidentiary hearing.
(2) The written advisement of rights may be incorporated into the notice of commencement of proceedings.

(1)(a) After advising the defendant of his or her rights, the court shall forthwith commit the defendant to the Colorado mental health institute at Pueblo, the university of Colorado psychiatric hospital, or the county jail.
(b) If committed to the Colorado mental health institute at Pueblo or the university of Colorado psychiatric hospital, the defendant shall be examined by two psychiatrists of the receiving institution.
(c) If committed to the county jail, the defendant shall be examined by two psychiatrists appointed by the court.
(2)(a) The examining psychiatrists shall make independent written reports to the court which shall contain the opinion of the psychiatrist as to whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.
(b) The written reports shall also contain opinions concerning:
(I) Whether the defendant is mentally deficient;
(II) Whether the defendant could benefit from psychiatric treatment; and
(III) Whether the defendant could be adequately supervised on probation.
(3) The examinations shall be made and the reports filed with the court and the probation department within sixty-three days after the commencement of proceedings, and this time may not be enlarged by the court.

(1) Upon the commencement of proceedings under this part 9, the court shall order an investigation and report to be made by the probation officer similar to the presentence report provided for in section 16-11-102, C.R.S.
(2) The report shall be filed with the court within seventy-seven days after the commencement of proceedings, and this time may not be enlarged by the court.

After reviewing the reports of the psychiatrists and the probation officer, the court may terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.

(1)(a) The court shall set a hearing date at least fourteen days and no more than twenty-eight days after service upon the defendant and his or her counsel of the reports required by sections 18-1.3-908 and 18-1.3-909.
(b) The court may, in its discretion, upon the motion of the defendant, continue the hearing an additional twenty-one days.
(2)(a) The court shall, upon motion of the district attorney or the defendant, subpoena all witnesses required by the moving party in accordance with the Colorado rules of criminal procedure.
(b) The district attorney shall serve upon the defendant and his or her counsel a list of all witnesses to be called by the district attorney at least fourteen days before the evidentiary hearing.
(3) In the evidentiary hearing, the court shall receive evidence bearing on the issue of whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.
(4) In the evidentiary hearing, the following procedure shall govern:
(a) The district attorney may call and examine witnesses, and the defendant shall be allowed to cross-examine those witnesses.
(b) The defendant may call and examine witnesses, and the district attorney shall be allowed to cross-examine those witnesses.
(c) The defendant may call and cross-examine as adverse witnesses the psychiatrists and probation officers who have filed reports pursuant to sections 18-1.3-908 and 18-1.3-909.
(5) The reports of the psychiatrists and probation officers filed with the court pursuant to sections 18-1.3-908 and 18-1.3-909 may be received into evidence.
(6) Except as otherwise provided in this section, the laws of this state concerning evidence in criminal trials shall govern in the evidentiary hearing.

(1) After the evidentiary hearing, the court shall, within seven days, make oral or written findings of fact and conclusions of law.
(2) If the court finds beyond a reasonable doubt that the defendant, if at large, constitutes a threat of bodily harm to members of the public, the court shall commit the defendant pursuant to section 18-1.3-904.
(3) If the court does not find as provided in subsection (2) of this section, it shall terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.
(4) If the findings and conclusions are oral, they shall be reduced to writing and filed within fourteen days, and the defendant shall not be committed to the custody of the department pursuant to section 18-1.3-904 until the findings and conclusions are filed.

The defendant may appeal an adverse finding made pursuant to section 18-1.3-912 in the same manner as is provided by law for other criminal appeals.

If the proceedings under this part 9 are terminated by the court, as provided in section 18-1.3-910 or 18-1.3-912(3), the court shall deduct the time from the commencement of proceedings to the termination of proceedings from the minimum sentence of the defendant.

The costs of the maintenance of the prisoner during the pendency of proceedings under this part 9 and the costs of the psychiatric examinations and reports shall be paid by the state of Colorado.

The diagnostic center, as defined in section 17-40-101(1.5), C.R.S., shall be the receiving center for all persons committed pursuant to section 18-1.3-904.