CO: New law closes loophole regarding sex offender treatment
Colorado legislators have closed a loophole in state law that allowed certain sex offenders to get out of prison early and transfer to community corrections before completing required treatment.
To fully understand what exactly changed in the law, it’s important to take a step back and learn more about the Colorado Sex Offender Lifetime Supervision Act (LSA). This allows people convicted of high-level sex offenses to stay in prison or under supervision until they have progressed in their treatment and are no longer considered a threat to the community. The act was passed in 1998.
Another important distinction to make is between determinate and indeterminate sentences. A determinate sentence is for a fixed period of time. An indeterminate sentence would be something, such as four years to life in prison.
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So in looking at the declaration at https://law.justia.com/codes/colorado/2016/title-18/article-1.3/part-10/section-18-1.3-1001/ which the Colorado Sex Offender Lifetime Supervision Act is based upon, it opens with this statement “The general assembly hereby finds that the majority of persons who commit sex offenses, if incarcerated or supervised without treatment, will continue to present a danger to the public when released from incarceration and supervision”
Does anyone know if there have been ANY studies on if this even a factual statement based on evidence?
FL legislation uses the same preamble. It is based on bad legal precedent, not studies. As recently as last month, Brevard Commissioner Tobia cited it as justification.
I think that this is a good thing that Warden Guyer wanted as it based on evidence-based practices. I am always listening if I am misguided here:
https://missoulian.com/news/state-and-regional/warden-resigned-over-confrontational-working-conditions/article_6ac86a0a-d3e0-57d1-bfda-3590c7f257e9.html?mc_cid=bce027534e&mc_eid=fa93f8fd3d
The system would benefit from more individuals like Warden Guyer. MT has gubernatorial election this year, and I hope the next governor makes him commissioner.
I don’t see a problem here. Just get rid of the registry after the have done there time.
Yet another law based on an isolated incident. And most of the recidivism of the one person the law is based on is for status offenses. I couldnt help but notice the lack of details about the 2017 sex offense, so i cant help but wonder id his registry atatus was the only proof of that crime as well.
Further, i dont see a loophole that the article was talking about. A DA’s failure to explain sentencing details to victims is not a loophole. If so, perhaps a public defender’s failure to explain the same should also be considered a loophole. Where’s the new law to address that?
I love how they use the term “loophole” as if sex offenders are running amuck through all these loopholes and they have to stop them from abusing them!
I am sick of this shit.
Sex offender registration is a human rights violation and the USA forcing anyone to do it once they have paid their so-called debt to society is nothing more than mental abuse, punishment, and targeted terrorism of American citizens on American soil!
👍🍺 Well said.
If I should’a got life then I woulda got life.