Colorado § 18-1.3-1007 - Probation - intensive supervision program.

§ 18-1.3-1007. Probation - intensive supervision program.

(1) (a) The judicial department shall establish an intensive supervision probation program for sex offenders sentenced to probation pursuant to this part 10. In addition, the court shall require a person, as a condition of probation, to participate in the intensive supervision probation program established pursuant to this section if the person is convicted of one of the following offenses and sentenced to probation:

(I) Indecent exposure, as described in section 18-7-302 (4);

(II) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in section 18-1.3-1003 (5)(a), which attempt, conspiracy, or solicitation would constitute a class 5 felony;

(III) Any of the offenses specified in section 16-22-102 (9)(j), (9)(k), (9)(l), (9)(n), (9)(o), (9)(p), (9)(q), (9)(r), (9)(s), or (9)(dd);

(IV) Any felony offense that involves unlawful sexual behavior or any felony offense with an underlying factual basis, as determined by the court, resulting in a conviction or plea of guilty or nolo contendere on or after July 1, 2001;

(V) Sexual assault in the third degree, in violation of section 18-3-404 (2), as it existed prior to July 1, 2000.

(b) The judicial department may establish the intensive supervision probation program in any judicial district or combination of judicial districts.

(1.5) In addition to the persons specified in subsection (1) of this section, the court may require any person convicted of felony failure to register as a sex offender, as described in section 18-3-412.5, and sentenced to probation to participate, as a condition of probation and until further order of the court, in the intensive supervision probation program established pursuant to this section.

(2) The judicial department shall require that sex offenders and any other persons participating in the intensive supervision probation program created pursuant to this section receive the highest level of supervision that is provided to probationers. The intensive supervision probation program may include but not be limited to severely restricted activities, daily contact between the sex offender or other person and the probation officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, including physiological monitoring, and payment of restitution. In addition, the intensive supervision probation program shall be designed to minimize the risk to the public to the greatest extent possible.

(3) The judicial department shall establish and enforce standards and criteria for administration of the intensive supervision probation program created pursuant to this section.

(4) For the purposes of this section, "convicted" means having entered a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, or a plea of no contest, accepted by the court, or having received a verdict of guilty by a judge or jury.

Source: L. 2002: (1.5) amended, p. 1184, § 17, effective July 1; entire article added with relocations, p. 1440, § 2, effective October 1. L. 2011: (1.5) amended, (HB 11-1278), ch. 224, p. 965, § 9, effective May 27. L. 2012: (1)(a)(III) amended, (HB 12-1310), ch. 268, p. 1402, § 26, effective June 7. L. 2019: (1)(a)(III) amended, (HB 19-1250), ch. 287, p. 2664, § 5, effective July 1.

Editor's note: (1) This section is similar to former § 16-13-807 as it existed prior to 2002.

(2) Subsection (1.5) was numbered as § 16-13-807 (1.5) in SB 02-010 (see L. 2002, p. 1184). That provision was harmonized with and relocated to subsection (1.5) of this section as it appears in HB 02-1046.

ANNOTATION

This section and § 18-1.3-1008 allow the court to exercise its discretion in determining whether and on what conditions a sex offender may be released from sex offender intensified supervision probation, so long as it takes steps to minimize risk to the public. People v. Valenzuela, 98 P.3d 951 (Colo. App. 2004).

Trial court had authority to direct that defendant's sex offender intensive supervision program would commence consecutively at the end of his incarceration on another conviction. People v. Trujillo, 261 P.3d 485 (Colo. App. 2010).

The court's order restricting defendant's access to the internet and social media as a part of the defendant's sentence to sex offender intensive supervision probation was reasonably related to the defendant's rehabilitation and the purposes of probation. In determining whether the conditions are reasonably related to the defendant's rehabilitation and purposes of probation, the court must consider (1) whether the conditions are reasonably related to the underlying offense; (2) whether the conditions are punitive to the point of being unrelated to rehabilitation; (3) whether the conditions are unduly severe and restrictive; (4) whether the defendant may petition the court to lift the conditions temporarily when necessary; and (5) whether less restrictive means are available. Since the defendant's victim was a child, it was reasonable to limit access to the internet and social media since those mediums provide easy means to contact other children. The defendant has the opportunity to earn access to those mediums during the probation sentence. People v. Landis, 2021 COA 92, 497 P.3d 39.

Imposition of a broad probation condition that is continuous, all-encompassing monitoring of all electronic media surpasses "reasonable grounds to search" based on a "reasonable suspicion". The reasonable suspicion standard does not contemplate unfettered, continuous searching of all of a probationer's property, electronic or otherwise. Additionally, the probation condition must be the least restrictive means available to accomplish the probation's legitimate purpose. Because the district court failed to consider other, less restrictive alternatives, its order was reversed. People v. Silvanic, 2023 COA 16, 529 P.3d 1240.