CO: Lifetime sex offender registration not ‘punishment,’ for Sexually Violent Predators Colorado justices say
The Colorado Supreme Court concluded on Monday that lifetime sex offender registration is not cruel and unusual punishment because it is not “punishment.”
At the same time, two members urged lawmakers to heed the advice of the Sex Offender Management Board and adopt a new, more accurate system of measuring a person’s risk of recidivism. Under Colorado law, “sexually violent predators” are subject to lifetime sex offender registration. To qualify, they must be 18 years or older, convicted of certain offenses, commit the offense against certain types of people and, finally, be “likely to subsequently commit one or more” sexual offenses. Although the legislature has not deemed lifetime registration to be “punishment,” Colorado’s justices were confronted with the question of whether lifetime registration still exhibits clear hallmarks of punishment. No, they concluded.
The legal requirement to notify the community about sexually violent predators and the difficulty finding employment or housing, wrote Justice Brian D. Boatright, do not transform lifetime registration into punishment. “Public shaming is typically understood to involve confrontation that is both ‘direct’ and ‘face-to-face,’ yet nothing in the community notification statute mandates such face-to-face confrontation,” he wrote in the April 27 opinion. “Additionally, any shaming that occurs via ‘vitriol and threats’ in the comment sections of social media posts is not government sponsored.”
Chief Justice Monica M. Márquez wrote separately for herself and Gabriel, observing the Sex Offender Management Board has warned the legislature that the tool used to designate someone a sexually violent predator does not do “a good job of accurate assessment of risk to reoffend.” The board also cautioned that mislabeling someone as high-risk can lead to unnecessary marginalization.
“I respectfully urge the legislature to review the relevant research and consider whether the SVP designation continues to serve its intended purpose,” she wrote.
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Lifetime registration is a punishment no matter what anyone says and there is no wiggle room in the requirements. I checked out of Florida to make a trip to Pennsylvania, and while there a registrant I know did not understand the rules about reporting employment. He got a job but they had some period of three days where he wasn’t officially hired and he was to start after that. he was hired officially and came to report his employment and they said he wasn’t in compliance and 1 day late reporting. They arrested right there on the spot and taken to jail. I only hope that when he goes before the judge that he will be understanding.. Here’s someone that has finally got a job and now he doesn’t because of this and it’s not right. Lifetime registration I can understand for repeat offenders or SVP’s but not for first time offenders. there should be a limit of the time being on the registry. Murders, Drug dealers who are dealing drugs to kids, Thieves, and other violent offenders are given a chance to change their lives, but not SO’s. The system is broken and it needs to be revised. Just my opinion. Thank you.
One thing to note is violent sexual offenders which in colorado usually means very bad things these individuals have done. Not saying its justified or not but colorado does have a teir off for level 1 and 2 usually level 3 is different. Take that information a you male I was able to get off in colorado before florida got me again
The farther they get down this registry road, the more legal gymnastics they need to perform in order to justify their position and save face instead of confronting the ugly reality they’ve created.
Anonymous
So basically, we have entered the “Twilight zone”, where there is no way to escape, or find a way out.
They think
“Write more bill. Bill do good”.