Amendments for HB16-1345

House Journal, April 20
44 HB16-1345 be amended as follows, and as so amended, be referred to
45 the Committee on Appropriations with favorable
46 recommendation:
47
48 Amend printed bill, page 2, strike line 3, and substitute "(4) (a), (4) (b),
49 (4) (h), (4) (i), (4) (j), and (6) (a) as follows:".
50
51 Page 2, after line 6 insert:
52
53 "(a) Standards for identification and evaluation of adult sex
54 offenders. (I) The board shall develop, prescribe, and revise, as
55 appropriate, a standard procedure to evaluate and identify adult sex
1 offenders, including adult sex offenders with developmental disabilities.
2 The procedures shall provide for an evaluation and identification of the
3 adult sex offender and recommend management, monitoring, and
4 treatment based upon existing research demonstrating that sexually
5 offending behavior is often repetitive and that AND SHALL INCORPORATE
6 THE CONCEPTS OF THE RISK-NEED-RESPONSIVITY OR ANOTHER
7 EVIDENCE-BASED CORRECTIONAL MODEL. There is currently no way to
8 ensure that adult sex offenders with the propensity to commit sexual
9 offenses will not reoffend. Because there are adult sex offenders who can
10 learn to manage unhealthy patterns and learn behaviors that can lessen
11 their risk to society in the course of ongoing treatment, management, and
12 monitoring, the board shall develop a procedure for evaluating and
13 identifying, on a case-by-case basis, reliably lower-risk sex offenders
14 WHOSE RISK TO SEXUALLY REOFFEND MAY NOT BE FURTHER REDUCED BY
15 PARTICIPATION IN TREATMENT AS DESCRIBED IN PARAGRAPH (b) OF THIS
16 SUBSECTION (4). The board shall develop and implement methods of
17 intervention for adult sex offenders, which methods have as a priority the
18 physical and psychological safety of victims and potential victims and
19 which are appropriate to the assessed needs of the particular offender, so
20 long as there is no reduction in the safety of victims and potential victims.
21 (II) (A) ONCE THE BOARD HAS APPROVED REVISED PORTIONS OF
22 THE STANDARDS, THE BOARD SHALL MAKE EVERY EFFORT TO PUBLISH THE
23 APPROVED PORTIONS. THE BOARD SHALL COMPLETE A REVISION OF THE
24 STANDARDS TO IDENTIFY AND EVALUATE ADULT SEX OFFENDERS BY JULY
25 1, 2017. IF THE BOARD DETERMINES THAT IT WILL BE UNABLE TO
26 COMPLETE THE REVISION OF THE STANDARDS BY JULY 1, 2017, THE BOARD
27 SHALL REPORT TO THE JUDICIARY COMMITTEES OF THE GENERAL
28 ASSEMBLY, OR ANY SUCCESSOR COMMITTEES, A PROJECTED COMPLETION
29 DATE AS PART OF ITS ANNUAL REPORT PRESENTED PURSUANT TO SECTION
30 16-11.7-109 (2) IN JANUARY 2017.THE REVISED STANDARDS MUST BE
31 CONSISTENT WITH THE RECOMMENDATIONS PROVIDED TO THE BOARD IN
32 THE 2014 INDEPENDENT EVALUATION OF THE BOARD'S STANDARDS AND
33 GUIDELINES FUNDED BY THE GENERAL ASSEMBLY IN 2013; EXCEPT THAT,
34 IF THE STANDARDS ARE NOT CONSISTENT WITH THE 2014 INDEPENDENT
35 EVALUATION, IN ITS ANNUAL REPORT TO THE JUDICIARY COMMITTEES OF
36 THE GENERAL ASSEMBLY, OR ANY SUCCESSOR COMMITTEES, PURSUANT TO
37 SECTION 16-11.7-109 (2), THE BOARD SHALL DESCRIBE ANY
38 INCONSISTENCIES AND EXPLAIN THE EVIDENCE-BASED REASONS FOR THE
39 INCONSISTENCIES.
40 (B) THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE JULY 1,
41 2018.
42 (b) Guidelines and standards for treatment of adult offenders.
43 (I) The board shall develop, implement, and revise, as appropriate,
44 guidelines and standards to treat adult sex offenders, including adult sex
45 offenders with developmental disabilities, INCORPORATING IN THE
46 GUIDELINES AND STANDARDS THE CONCEPTS OF THE
47 RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE-BASED CORRECTIONAL
48 MODEL, which guidelines and standards can be used in the treatment of
49 offenders who are placed on probation, incarcerated with the department
50 of corrections, placed on parole, or placed in community corrections.
51 Programs implemented pursuant to the guidelines and standards
52 developed pursuant to this paragraph (b) shall be as flexible as possible
53 so that the programs may be accessed by each adult sex offender to
54 prevent the offender from harming victims and potential victims.
55 Programs shall include a continuing monitoring process and a continuum
1 of treatment options available to an adult sex offender as he or she
2 proceeds through the criminal justice system. Treatment options shall be
3 determined by a current risk assessment and evaluation and may include,
4 but need not be limited to, group counseling, individual counseling,
5 family counseling, outpatient treatment, inpatient treatment, shared living
6 arrangements, or treatment in a therapeutic community. Programs
7 implemented pursuant to the guidelines and standards developed pursuant
8 to this paragraph (b) shall, to the extent possible, be accessible to all adult
9 sex offenders in the criminal justice system, including those offenders
10 with mental illness and co-occurring disorders. The procedures for
11 evaluation, identification, treatment, and monitoring developed pursuant
12 to this subsection (4) shall be implemented only to the extent that moneys
13 are available in the sex offender surcharge fund created in section
14 18-21-103 (3), C.R.S.
15 (II) (A) ONCE THE BOARD HAS APPROVED REVISED PORTIONS OF
16 THE STANDARDS, THE BOARD SHALL MAKE EVERY EFFORT TO PUBLISH THE
17 APPROVED PORTIONS. THE BOARD SHALL COMPLETE A REVISION OF THE
18 GUIDELINES AND STANDARDS TO TREAT ADULT SEX OFFENDERS BY JULY
19 1, 2017. IF THE BOARD DETERMINES THAT IT WILL BE UNABLE TO
20 COMPLETE THE REVISION OF THE STANDARDS BY JULY 1, 2017, THE BOARD
21 SHALL REPORT TO THE JUDICIARY COMMITTEES OF THE GENERAL
22 ASSEMBLY, OR ANY SUCCESSOR COMMITTEES, A PROJECTED COMPLETION
23 DATE AS PART OF ITS ANNUAL REPORT PRESENTED PURSUANT TO SECTION
24 16-11.7-109 (2) IN JANUARY 2017. THE REVISED GUIDELINES AND
25 STANDARDS MUST BE CONSISTENT WITH THE RECOMMENDATIONS
26 PROVIDED TO THE BOARD IN THE 2014 INDEPENDENT EVALUATION OF THE
27 BOARD'S STANDARDS AND GUIDELINES FUNDED BY THE GENERAL
28 ASSEMBLY IN 2013; EXCEPT THAT, IF THE STANDARDS ARE NOT
29 CONSISTENT WITH THE 2014 INDEPENDENT EVALUATION, IN ITS ANNUAL
10930 REPORT TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 16-11.7-
31 (2), THE BOARD SHALL DESCRIBE ANY INCONSISTENCIES AND EXPLAIN THE
32 EVIDENCE-BASED REASONS FOR THE INCONSISTENCIES.
33 (B) THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE JULY 1,
34 2018.".
35
36 Page 2, strike lines 7 through 19 and substitute:
37
38 "(h) Data collection from treatment providers. (I) If the
39 department of public safety acquires sufficient funding, the board may
40 request that individuals or entities providing sex-offender-specific
41 evaluation, treatment, or polygraph services that conform with standards
42 developed by the board pursuant to paragraph (b) of this subsection (4)
43 submit to the board data and information as determined by the board at
44 the time that funding becomes available. This data and information may
45 be used by the board to evaluate the effectiveness of the guidelines and
46 standards developed pursuant to this article; to evaluate the effectiveness
47 of individuals or entities providing sex-offender-specific evaluation,
48 treatment, or polygraph services; or for any other purposes consistent with
49 the provisions of this article.
50 (II) THE BOARD SHALL DEVELOP A DATA COLLECTION PLAN,
51 INCLUDING ASSOCIATED COSTS, IN CONSULTATION WITH THE RESEARCH
52 AND EVALUATION PROFESSIONALS ON THE BOARD AND WITHIN THE
53 DEPARTMENT OF PUBLIC SAFETY. THE BOARD SHALL REPORT ON THE DATA
54 COLLECTION PLAN TO THE JUDICIARY COMMITTEES OF THE GENERAL
55 ASSEMBLY, OR ANY SUCCESSOR COMMITTEES, AS PART OF ITS ANNUAL
1 REPORT PRESENTED PURSUANT TO SECTION 16-11.7-109 (2) IN JANUARY
2 2017. BY JULY 1, 2017, THE BOARD SHALL REVISE THE GUIDELINES AND
3 STANDARDS FOR APPROVED PROVIDERS DEVELOPED PURSUANT TO
4 PARAGRAPHS (b) AND (j) OF THIS SUBSECTION (4) TO REQUIRE
5 EVALUATORS, TREATMENT PROVIDERS, AND POLYGRAPH EXAMINERS TO
6 COLLECT DATA PURSUANT TO THE DATA COLLECTION PLAN. IF THE BOARD
7 DETERMINES THAT IT WILL BE UNABLE TO COMPLETE THE REVISION OF THE
8 GUIDELINES AND STANDARDS BY JULY 1, 2017, THE BOARD SHALL REPORT
9 TO THE JUDICIARY COMMITTEES OF THE GENERAL ASSEMBLY, OR ANY
10 SUCCESSOR COMMITTEES, A PROJECTED COMPLETION DATE AS PART OF ITS
11 ANNUAL REPORT PRESENTED PURSUANT TO SECTION 16-11.7-109 (2) IN
12 JANUARY 2017.
13 (i) Standards for identification and evaluation of juvenile
14 offenders. The board shall develop, prescribe, and revise, as appropriate,
15 a standard procedure to evaluate and identify juveniles who have
16 committed sexual offenses, including juveniles with developmental
17 disabilities. The procedure shall provide for an evaluation and
18 identification of the juvenile offender and recommend behavior
19 management, monitoring, treatment, and compliance AND SHALL
20 INCORPORATE THE CONCEPTS OF THE RISK-NEED-RESPONSIVITY OR
21 ANOTHER EVIDENCE-BASED CORRECTIONAL MODEL based upon the
22 knowledge that all unlawful sexual behavior poses a risk to the
23 community and that certain juveniles may have the capacity to change
24 their behavior with appropriate intervention and treatment. The board
25 shall develop and implement methods of intervention for juveniles who
26 have committed sexual offenses, which methods have as a priority the
27 physical and psychological safety of victims and potential victims and
28 that are appropriate to the needs of the particular juvenile offender, so
29 long as there is no reduction in the safety of victims and potential victims.
30 (j) Guidelines and standards for treatment of juvenile
31 offenders. The board shall develop, implement, and revise, as
32 appropriate, guidelines and standards to treat juveniles who have
33 committed sexual offenses, including juveniles with developmental
34 disabilities, INCORPORATING IN THE GUIDELINES AND STANDARDS THE
35 CONCEPTS OF THE RISK-NEED-RESPONSIVITY OR ANOTHER
36 EVIDENCE-BASED CORRECTIONAL MODEL, which guidelines and standards
37 may be used for juvenile offenders who are placed on probation,
38 committed to the department of human services, placed on parole, or
39 placed in out-of-home placement. Programs implemented pursuant to the
40 guidelines and standards developed pursuant to this paragraph (j) shall be
41 as flexible as possible so that the programs may be accessed by each
42 juvenile offender to prevent him or her from harming victims and
43 potential victims. Programs shall provide a continuing monitoring process
44 and a continuum of treatment options available to a juvenile offender as
45 he or she proceeds through the juvenile justice system. Treatment options
46 may include, but need not be limited to, group counseling, individual
47 counseling, family counseling, outpatient treatment, inpatient treatment,
48 shared living arrangements, and treatment in a therapeutic community.
49 Programs implemented pursuant to the guidelines and standards
50 developed pursuant to this paragraph (j) shall be, to the extent possible,
51 accessible to all juveniles who have committed sexual offenses and who
52 are in the juvenile justice system, including juveniles with mental illness
53 or co-occurring disorders.".
54
55 Page 3, line 2, strike "2021." and substitute "2019.".
1 Page 3, after line 2 insert:
2
1053 "SECTION 2. In Colorado Revised Statutes, amend 16-11.7-
4 as follows:
5 16-11.7-105. Sentencing of sex offenders - treatment based
6 upon evaluation and identification required. (1) Each adult sex
7 offender and juvenile who has committed a sexual offense sentenced by
8 the court for an offense committed on or after January 1, 1994, shall be
9 required, as a part of any sentence to probation, commitment to the
10 department of human services, sentence to community corrections,
11 incarceration with the department of corrections, placement on parole, or
12 out-of-home placement to undergo treatment to the extent appropriate to
13 such offender based upon the recommendations of the evaluation and
14 identification made pursuant to section 16-11.7-104 or based upon any
15 subsequent recommendations by the department of corrections, the
16 judicial department, the department of human services, or the division of
17 criminal justice in the department of public safety, whichever is
18 appropriate. The treatment and monitoring shall be provided by an
19 approved provider pursuant to section 16-11.7-106, and the offender shall
20 pay for the treatment to the extent the offender is financially able to do so.
21 (2) THE SUPERVISING AGENCY OF EACH ADULT SEX OFFENDER AND
22 JUVENILE WHO HAS COMMITTED A SEXUAL OFFENSE SHALL GIVE AN
23 OFFENDER A CHOICE OF AT LEAST TWO APPROPRIATE AGENCIES STAFFED
24 BY APPROVED PROVIDERS, UNLESS THE SUPERVISING AGENCY DOCUMENTS
25 IN THE FILE THAT, BASED UPON THE NATURE OF THE PROGRAM OFFERED
26 AND THE NEEDS OF THE OFFENDER, FEWER THAN TWO AGENCIES CAN MEET
27 THE SPECIFIC NEEDS OF THE OFFENDER AND ENSURE THE SAFETY OF THE
28 PUBLIC. ONCE SELECTED, NEITHER THE TREATMENT AGENCY NOR THE
29 POLYGRAPH EXAMINER MAY BE CHANGED BY THE OFFENDER WITHOUT THE
30 APPROVAL OF THE COMMUNITY SUPERVISION TEAM, THE
31 MULTIDISCIPLINARY TEAM, OR THE COURT.".
32
33 Renumber succeeding sections accordingly.
34
35 Page 4, line 18, strike "(52.5) (f)" and substitute "(50.5) (o)".
36
37 Page 4, line25, strike "(52.5)" and substitute "(50.5)".
38
39 Page 4, line 26, strike "2021:" and substitute "2019:"
40
41 Page 4, line 27, strike "(f)" and substitute "(o)".
42
43

Senate Journal, May 5
After consideration on the merits, the Committee recommends that HB16-1345 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 8, line 17, strike "2019." and substitute
"2023.".

Page 9, strike lines 10 through 17 and substitute:
"JUVENILE WHO HAS COMMITTED A SEXUAL OFFENSE SHALL PROVIDE THE
OFFENDER WITH A CHOICE OF TWO APPROPRIATE TREATMENT PROVIDER
AGENCIES STAFFED BY APPROVED PROVIDERS UNLESS THE SUPERVISING
AGENCY DOCUMENTS IN THE FILE THAT, BASED UPON THE NATURE OF THE
PROGRAM OFFERED, THE NEEDS OF THE OFFENDER, OR THE PROXIMITY OF
THE APPROPRIATE TREATMENT PROVIDER AGENCY, FEWER THAN TWO
SUCH AGENCIES CAN MEET THE SPECIFIC NEEDS OF THE OFFENDER, ENSURE
THE SAFETY OF THE PUBLIC, AND PROVIDE THE SUPERVISING AGENCY WITH
REASONABLE ACCESS TO THE TREATMENT PROVIDER AGENCY AND THE
OFFENDER DURING THE COURSE OF TREATMENT. ONCE SELECTED, THE
TREATMENT PROVIDER AGENCY MAY NOT BE CHANGED BY THE OFFENDER
WITHOUT THE".

Page 11, line 8, strike "(50.5) (o)" and substitute "(54) (b)".

Page 11, line 15, strike "(50.5)" and substitute "(54)".

Page 11, line 16, strike "2019:" and substitute "2023:".

Page 11, line 17, strike "(o)" and substitute "(b)".


State,
Veterans, &
Military
Affairs

Senate Journal, May 5
HB16-1345 by Representative(s) Kagan, Court; also Senator(s) Cooke--Concerning the continuation of
the sex offender management board, and, in connection therewith, implementing the
recommendations of the 2015 sunset report issued by the department of regulatory agencies.

Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, May 5, page(s) 1070, and placed in members' bill files.)

Amendment No. 2(L.024), by Senator Aguilar.

Amend the reengrossed bill, page 5, after line 5 insert:

"(II) TO REVISE THE GUIDELINES AND STANDARDS DEVELOPED
PURSUANT TO THIS PARAGRAPH (b) THE BOARD SHALL ESTABLISH A
COMMITTEE CONSISTING OF AT LEAST EIGHTY PERCENT OF WHICH ARE
TREATMENT PROVIDERS. THE COMMITTEE SHALL MAKE
RECOMMENDATIONS TO THE BOARD.".

Renumber succeeding subparagraphs accordingly.

Page 7, line 19, after "(j)" insert "(I)".

Page 8, after line 15 insert:

"(II) TO REVISE THE GUIDELINES AND STANDARDS DEVELOPED
PURSUANT TO THIS PARAGRAPH (j) THE BOARD SHALL ESTABLISH A
COMMITTEE CONSISTING OF AT LEAST EIGHTY PERCENT OF WHICH ARE
TREATMENT PROVIDERS. THE COMMITTEE SHALL MAKE
RECOMMENDATIONS TO THE BOARD.".


As amended, ordered revised and placed on the calendar for third reading and final
passage.