(1) As used in this section, unless the context otherwise requires:
(a) "Sexually violent predator" means an offender:
Who is eighteen years of age or older as of the date the offense is committed or whois less than eighteen years of age as of the date the offense is committed but is tried as an adult pursuant to section 19-2-517 or 19-2-518, C.R.S.;
Who has been convicted on or after July 1, 1999, of one of the following offenses, orof an attempt, solicitation, or conspiracy to commit one of the following offenses, committed on or after July 1, 1997:
Sexual assault, in violation of section 18-3-402 or sexual assault in the first degree,in violation of section 18-3-402, as it existed prior to July 1, 2000;
Sexual assault in the second degree, in violation of section 18-3-403, as it existedprior to July 1, 2000;
Unlawful sexual contact, in violation of section 18-3-404 (1.5) or (2) or sexual assault in the third degree, in violation of section 18-3-404 (1.5) or (2), as it existed prior to July 1, 2000;
Sexual assault on a child, in violation of section 18-3-405; or
Sexual assault on a child by one in a position of trust, in violation of section 18-3405.3;
Whose victim was a stranger to the offender or a person with whom the offenderestablished or promoted a relationship primarily for the purpose of sexual victimization; and
Who, based upon the results of a risk assessment screening instrument developedby the division of criminal justice in consultation with and approved by the sex offender management board established pursuant to section 16-11.7-103 (1), C.R.S., is likely to subsequently commit one or more of the offenses specified in subparagraph (II) of this paragraph (a) under the circumstances described in subparagraph (III) of this paragraph (a).
(b) "Convicted" includes having received a verdict of guilty by a judge or jury, having pleaded guilty or nolo contendere, or having received a deferred judgment and sentence.
When a defendant is convicted of one of the offenses specified in subparagraph (II) of paragraph (a) of subsection (1) of this section, the probation department shall, in coordination with the evaluator completing the mental health sex offense specific evaluation, complete the sexually violent predator risk assessment, unless the evaluation and assessment have been completed within the six months prior to the conviction or the defendant has been previously designated a sexually violent predator. Based on the results of the assessment, the court shall make specific findings of fact and enter an order concerning whether the defendant is a sexually violent predator. If the defendant is found to be a sexually violent predator, the defendant shall be required to register pursuant to the provisions of section 16-22-108, C.R.S., and shall be subject to community notification pursuant to part 9 of article 13 of title 16, C.R.S. If the department of corrections receives a mittimus that indicates that the court did not make a specific finding of fact or enter an order regarding whether the defendant is a sexually violent predator, the department shall immediately notify the court and, if necessary, return the defendant to the custody of the sheriff for delivery to the court, and the court shall make a finding or enter an order regarding whether the defendant is a sexually violent predator; except that this provision shall not apply if the court was not required to enter the order when imposing the original sentence in the case.
When considering release on parole or discharge for an offender who was convictedof one of the offenses specified in subparagraph (II) of paragraph (a) of subsection (1) of this section, if there has been no previous court order, the parole board shall make specific findings concerning whether the offender is a sexually violent predator, based on the results of a sexually violent predator assessment. If no previous assessment has been completed, the parole board shall order the department of corrections to complete a sexually violent predator assessment. If the parole board finds that the offender is a sexually violent predator, the offender shall be required to register pursuant to the provisions of section 16-22-108, C.R.S., and shall be subject to community notification pursuant to part 9 of article 13 of title 16, C.R.S.
Notwithstanding section 24-1-136 (11)(a)(I), on or before January 15, 2008, and onor before January 15 each year thereafter, the judicial department and the department of corrections shall jointly submit to the division of criminal justice in the department of public safety and to the governor a report specifying the following information:
The number of offenders evaluated pursuant to this section in the preceding twelvemonths;
The number of sexually violent predators identified pursuant to this section in thepreceding twelve months;
The total number of sexually violent predators in the custody of the department ofcorrections at the time of the report, specifying those incarcerated, those housed in community corrections, and those on parole, including the level of supervision for each sexually violent predator on parole;
The length of the sentence imposed on each sexually violent predator in the custodyof the department of corrections at the time of the report;
The number of sexually violent predators discharged from parole during the preceding twelve months;
The total number of sexually violent predators on probation at the time of the reportand the level of supervision of each sexually violent predator on probation; and
The number of sexually violent predators discharged from probation during the preceding twelve months.
Source: L. 97: Entire section added, p. 1564, § 10, effective July 1. L. 98: Entire section amended, p. 397, § 2, effective April 21. L. 99: Entire section amended, p. 1148, § 9, effective July 1. L. 2000: (1)(a)(II)(A), (1)(a)(II)(B), and (1)(a)(II)(C) amended, p. 706, § 31, effective July 1. L. 2001: (2) amended, p. 657, § 4, effective May 30. L. 2002: (2) and (3) amended, p. 1186, § 22, effective July 1. L. 2006: IP(1)(a)(II), (1)(b), (2), and (3) amended, p. 1314, § 8, effective May 30. L. 2007: (4) added, p. 254, § 1, effective March 26. L. 2008: (2) amended, p. 214, § 1, effective March 26. L. 2017: IP(4) amended, (SB 17-241), ch. 171, p. 624, § 7, effective April 28; IP(4) amended, (SB 17-031), ch. 92, p. 282, § 10, effective August 9.
Editor's note: Amendments to subsection IP(4) by SB 17-031 and SB 17-241 were harmonized.