Colorado § 16-22-111 - Internet posting of sex offenders - procedure.

§ 16-22-111. Internet posting of sex offenders - procedure.

(1) The CBI shall post a link on the state of Colorado home page on the internet to a list containing the names, addresses, and physical descriptions of certain persons and descriptions of the offenses committed by said persons. A person's physical description must include, but need not be limited to, the person's sex, height, and weight, any identifying characteristics of the person, and a digitized photograph or image of the person. The list must specifically exclude any reference to any victims of the offenses. The list must specifically exclude persons who are required to register solely because they were adjudicated or received dispositions as juveniles but must include the following persons:

(a) Any person who is a sexually violent predator;

(b) Any person sentenced as or found to be a sexually violent predator under the laws of another state or jurisdiction;

(c) Any person who is required to register pursuant to section 16-22-103 and who has been convicted as an adult of two or more of the following offenses:

(I) A felony offense involving unlawful sexual behavior; or

(II) A crime of violence as defined in section 18-1.3-406, C.R.S.; and

(d) Any person who is required to register pursuant to section 16-22-103 because the person was convicted of a felony as an adult and who fails to register as required by section 16-22-108.

(1.5) In addition to the posting required by subsection (1) of this section, the CBI may post a link on the state of Colorado home page on the internet to a list, including but not limited to the names, addresses, and physical descriptions of any person required to register pursuant to section 16-22-103, as a result of a conviction for a felony. A person's physical description shall include, but need not be limited to, the person's sex, height, weight, and any other identifying characteristics of the person. The list shall specifically exclude any reference to any victims of the offenses.

(2) (a) For purposes of paragraph (d) of subsection (1) of this section, a person's failure to register shall be determined by the CBI. Whenever the CBI's records show that a person has failed to register as required by this article, the CBI shall forward to each law enforcement agency with which the person is required to register notice of the person's failure to register by the required date. Each law enforcement agency, within three business days after receiving the notice, shall submit to the CBI written confirmation of the person's failure to register. Upon receipt of the written confirmation from the law enforcement agency, the CBI shall post the information concerning the person on the internet as required in this section.

(b) If a local law enforcement agency files criminal charges against a person for failure to register as a sex offender, as described in section 18-3-412.5, C.R.S., the local law enforcement agency shall notify the CBI. On receipt of the notification, the CBI shall post the information concerning the person on the internet, as specified in subsection (1) of this section.

(3) The internet posting required by this section shall be in addition to any other release of information authorized pursuant to this article or pursuant to part 9 of article 13 of this title, or any other provision of law.

Source: L. 2002: Entire article added, p. 1174, § 1, effective July 1; (1)(c)(II) amended, p. 1567, § 394, effective October 1. L. 2004: (1)(b) and (2) amended, p. 1117, § 13, effective May 27. L. 2005: (1.5) added, p. 615, § 3, effective May 27. L. 2021: IP(1) amended, (HB 21-1064), ch. 320, p. 1966, § 6, effective September 1.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(c)(II), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

Posting of defendant's personal information on the internet does not constitute additional punishment. People v. Stead, 66 P.3d 117 (Colo. App. 2002) (decided under § 18-3-412.5).