QUESTIONS

WHAT DO SEX OFFENDERS HAVE TO PROVIDE WHEN THEY REGISTER?

ANSWER

All registrants must provide their date of birth, a current photograph, and a complete set of fingerprints at the time of registration.


WHERE DO SEX OFFENDERS HAVE TO REGISTER?

ANSWER 

If they are living within the limits of a city or town, they must register at the local police department. If there is no police department they must register at the county sheriff’s office.

If they are living outside the limits of a city or town, they must register at the county sheriff’s office.

If they have multiple residences, they must register with the law enforcement agency of each jurisdiction in which they reside.


WHEN DO SEX OFFENDERS HAVE TO REGISTER?

ANSWER

Sex offenders must register during business hours within five (5) business days of being released into the community or receiving notice that they are required to register. If they are released from the Department of Corrections with no supervision, they must register the next business day. They must re-register annually on their birth date or the first business day after their birth date. They must register quarterly (every 90 days) for the remainder of their natural life if they have been found by the court to be a Sexually Violent Predator or if they were convicted as an adult of any of the following listed offenses:

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; or

Sexual Assault in the Second Degree, in violation of section 18-3-403 as it existed prior to July 1, 2000; or

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 18-3-405.3; or

Sexual Assault on a Client by a Psychotherapist, in violation of section 18-3-405.5; or

Incest, in violation of section 18-6-301; or

Aggravated Incest, in violation of section 18-6-302.


WHAT IF A SEX OFFENDER MOVES?

ANSWER

If they change residence to another state or other jurisdiction, they must report their new address in the manner provided by state law and comply with any registration requirement in the new state of residence. If they enter another state to work, to carry on a vocation, or to attend school, they are required to comply with that state’s registration requirements for notification by nonresidents who enter the state for such purposes. If they expect to work, to carry on a vocation, or to enroll for classes at an institution of higher education in the state of residence, they must notify the state, in the manner provided by state law, and report any change in such status (commencement or termination).

If a sex offender moves, they must complete a written cancellation of registration form to notify the local law enforcement agency from which they are moving. They must then register with the local law enforcement agency in any state or other jurisdiction to which they may move within five (5) business days after moving. They must notify the local law enforcement agency where they live if they change residences within that agency’s jurisdiction or establish additional residences in that jurisdiction.


WHAT IS A SEXUALLY VIOLENT PREDATOR?

ANSWER

Pursuant to 18-3-414.5, C.R.S., a “sexually violent predator” means an offender:

(I) Who is eighteen years of age or older as of the date of the offense is committed or who is 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.;

(II) Who has been convicted on or after July 1, 1999, of one of the following offenses committed on or after July 1, 1997:

(A) 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;

(B) Sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000;

(C) 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;

(D) Sexual assault on a child, in violation of section 18-3-405; or

(E) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3;

(III) Whose victim was a stranger to the offender or a person with whom the offender established or promoted a relationship primarily for the purpose sexual victimization; and

(IV) Who, based upon the results of a risk assessment screening instrument developed by 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 sub-paragraph (II) of this paragraph (a) under the circumstances described in sub-paragraph (III) of this paragraph (a).

(b)”Convicted” includes having pleaded guilty or nolo contendre.

(2) At the time a presentence investigation report is conducted for a defendant who is convicted of one of the offenses specified in sub-paragraph (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. Based on the results of such 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.

(3) When considering release on parole for an offender who was convicted of one of the offenses specified in sub-paragraph (II) of paragraph (a) of subsection (1) of this section, 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 conducted by the department of corrections. 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.

Individuals who are considered sexually violent predators may be subject to community notification if the court determines such. The law enforcement agency in whose jurisdiction the sexually violent predator resides will be responsible for such community notification as stated in 18-3-414.5 C.R.S.


HOW DO I OBTAIN A LIST OF SEX OFFENDERS IN MY AREA?

ANSWER

 Pursuant to 16-22-112, Colorado Revised Statutes, law enforcement agencies are authorized to release information about registered sex offenders living within the agency’s jurisdiction to residents of the jurisdiction. The confidential information is provided to you so that you can adequately protect yourself and your children from these individuals. This information is provided to those who demonstrate a need to know, i.e., you reside in the area, or your children or grandchildren reside in a specific area or Kiowa County.

Citizens requesting the registry list must provide identification or proof of residence. The request must be made in person at the Kiowa County Sheriff’s Office (Contact Information), from Monday through Friday (excluding holidays) between 8:00 a.m. and 4:30 p.m. There is no fee for the list.

The Kiowa County Sheriff’s Office only registers the sex offenders that reside in Kiowa County.

Please be advised that there are sex offenders who reside in our community who do not register. It is possible that the offender committed the crime before Colorado’s law went into effect, or the offender was not convicted of the crime, or perhaps the crime was not reported.

Vigilantism, or use of the sex offender registry information to harass, threaten, or intimate any registered sex offender, his or her significant others, or any member of their community supervision team will not be tolerated and will result in criminal prosecution, C.R.S. 18-3-412.5 (6.5).

Please keep in mind that sexual offenses vary from an indecent exposure to a forcible sexual assault.