Colorado Sex Offender Intensive Supervision Probation – SOISP

By Colorado Sex Crimes Criminal Defense Lawyer – H. Michael Steinberg

Colorado Sex Offender Intensive Supervision Probation was addressed in a 2013 Colorado Court of Appeals decision which ruled that a mandatory intensive Supervision Probation sentence under the Colorado Sex Offender Lifetime Supervision Act (Act) – CANNOT be converted by the judge – in a Rule 35 b Motion for Reconsideration – to regular – non intensive supervision probation. People v. Dinkel on February 28, 2013.

Colorado Sex Offender Intensive Supervision Probation – SOISP – The Facts:

In 2002, the defendant took a plea deal that resulted in a guilty plea to sexual assault on a child under the age of 15 by a person in a position of trust, a class 3 felony. The judge was required to and did sentence him to an indeterminate sentence of a minimum of twenty-years- to a maximum of life  – on sex offender intensive supervision probation (SOISP).

Later -in 2010, the judge reconsidered the sentence and granted the defendant’s request to reduce the sentence to – what can only be termed “regular Sex Offender Supervision.

The State of Colorado appealed the judge’s resentencing.

Colorado Sex Offender Intensive Supervision Probation – The Issue

The issue in this case – on appeal – was whether the judge had the authority under § 18-1.3-204(4)(a) of the Sex Offender Lifetime Supervision Act (Act) to reduce or increase a term of a sex offender’s probation,  or whether the judge’s  discretion was limited by the provisions of §§ 18-1.3-1004(2)(a) and -1008(2) of the Act…

The Colorado Sex Offender Lifetime Supervision Act (Act)  – The Ruling

While a judge has the authority to reduce the nature of SOISP probation to regular probation – the judge has to wait until 20 YEARS has passed on the original mandatory sentence.

Class 3 Felony – Sexual Assault on A Child Under the Age of 15 – 18-1.3-1004

The Court of Appeals read the plain language of the law –  a sex offender who is convicted of a class 3 felony and sentenced to probation must receive a minimum of twenty years of probation. The Colorado Sex Offender Lifetime Supervision Act has no section allowing a sex offender’s SOISP probationary sentence to be reduced before the twenty-year review. Therefore – a judge does not have discretion to terminate defendant’s probation until he completes that 20 year minimum.

Colorado Sex Offender Intensive Supervision Probation – The Law

Section 18-1.3-1008(2) states:

On completion of twenty years of probation for any sex offender convicted of a class 2 or 3 felony . . . the court shall schedule a review hearing to determine whether the sex offender should be discharged from probation. In making its determination, the court shall determine whether the sex offender has successfully progressed in treatment and would not pose an undue threat to the community if allowed to live in the community without treatment or supervision. The sex offender’s probation officer and treatment provider shall make recommendations to the court concerning whether the sex offender has met the requirements of this section such that he or she should be discharged from probation.. after 20 years.

After The 20 Years Has Run…

Another law – Section 18-1.3-1008(3), C.R.S. 2012, then lists the relevant factors a court will consider when determining whether to discharge a sex offender from probation pursuant to section 18-1.3-1008, C.R.S. 2012.

Those Factors Are:

…..In making its determination, the court shall determine: whether the sex offender has successfully progressed in treatment and would not pose an undue threat to the community if allowed to live in the community without treatment or supervision.

The sex offender’s probation officer and treatment provider shall make recommendations to the court concerning whether the sex offender has met the requirements of this section such that he or she should be discharged from probation.

(3)(a) In determining whether to discharge a sex offender from probation pursuant to this section, the court shall consider the recommendations of the sex offender’s probation officer and treatment provider.

The recommendations of the probation officer and the treatment provider shall be based on the criteria established by the management board pursuant to section  18-1.3-1009. If the court chooses not to follow the recommendations made, the court shall make findings on the record in support of its decision.

[Scheduled Mandatory Reviews Section]

(b) If the court does not discharge the sex offender from probation pursuant to paragraph (a) of this subsection (3), the court shall review such denial at least once every three years until it determines that the sex offender meets the criteria for discharge as specified in paragraph (a) of this subsection (3). At each review, the sex offender’s probation officer and treatment provider shall make recommendations, based on the criteria established by the management board pursuant to section  18-1.3-1009, concerning whether the sex offender should be discharged.

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Colorado Sex Offender Intensive Supervision Probation – SOISP

H. Michael Steinberg has been a Colorado criminal law specialist attorney for 40 years (as of 2012). For the first 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior  prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.

In addition to handling tens of thousands of cases in the criminal trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations.  Please call him at your convenience at 720-220-2277.

If you have questions about Colorado Sex Offender Intensive Supervision Probation – SOISP in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and will also provide quality legal representation to those charged in Colorado with adult and juvenile criminal matters as regards ..Colorado Sex Offender Intensive Supervision Probation – SOISP.