Colorado § 16-11.7-104 - Sex offenders - evaluation and identification required.

§ 16-11.7-104. Sex offenders - evaluation and identification required.

(1) When required as part of the presentence or probation investigation pursuant to sections 16-11-102 (1)(b)(I) and 16-11.7-102 (2)(a)(I) to (2)(a)(IV), on and after January 1, 1994, each convicted adult sex offender and juvenile who has committed a sexual offense who is to be considered for probation is required to submit to an evaluation for treatment, an evaluation for risk, procedures required for monitoring of behavior to protect victims and potential victims, and an identification developed pursuant to section 16-11.7-103 (4).

(2) The evaluation and identification required by subsection (1) of this section shall be at the expense of the person evaluated, based upon such person's ability to pay for such treatment.

Source: L. 92: Entire article added, p. 460, § 3, effective June 2. L. 2011: (1) amended, (HB 11-1138), ch. 236, p. 1022, § 4, effective May 27. L. 2023: (1) amended, (SB 23-164), ch. 349, p. 2089, § 4, effective June 5.

ANNOTATION

Provision that requires a sex offender specific evaluation be conducted prior to sentencing applies in case of a deferred judgment. People v. Manzanares, 85 P.3d 604 (Colo. App. 2003).

Court may not impose sex offender conditions as a part of a deferred judgment without first ordering a sex offender specific evaluation. People v. Manzanares, 85 P.3d 604 (Colo. App. 2003).

Trial court could not impose sex offender conditions as part of probation without ordering sex offender evaluation as required in this section. Where defendant meets the definition of a "sex offender", an evaluation pursuant to this section is mandatory. People v. Meidinger, 987 P.2d 937 (Colo. App. 1999).

Trial court is required under § 16-11.7-105 (1) to order treatment as part of probationary sentence imposed on sex offender as recommended in the evaluation and identification required pursuant to this section. People v. Hernandez, 160 P.3d 263 (Colo. App. 2007), aff'd, 176 P.3d 746 (Colo. 2008).

A plea agreement cannot dispense with the statutory requirement that the sex offender defendant submit to an evaluation for treatment pursuant to this section. The general assembly created standardized assessment procedures for evaluating and identifying sex offenders, and the procedures require that all sex offenders undergo an evaluation. Hernandez v. People, 176 P.3d 746 (Colo. 2008).