Colorado lawmakers are discussing new provisions regarding juveniles and sex offender registration requirements. Often, I write about Colorado lawmakers moving to make things harsher and more restrictive, so it is a welcome change for me to be able to say that in this instance, they are looking to make things less restrictive for juveniles who have been adjudicated for a sex offense. According to the article, research has shown that punishing juvenile sex offenders does not make any difference as far as public safety or rehabilitation goes. The proposal is that judges would have more discretion when it comes to deciding if a juvenile adjudicated of a sex offense should have to register. They are also suggesting that the restrictions regarding a juvenile petitioning the court to be able to deregister be lessened as well.
Larimer County Current Law Regarding Juvenile Sex Offender Registration: Who Is Exempt?
In Larimer County, Colorado, under C.R.S. 16-22-103, a juvenile can only be exempt from the sex offender registration requirement if:
(I) The person was younger than eighteen years of age at the time of the commission of the offense; and
(II) The person has not been previously charged with unlawful sexual behavior; and
(III) The offense, as charged in the first petition filed with the court, is a first offense of misdemeanor unlawful sexual contact, as described in section 18-3-404; indecent exposure, as described in section 18-7-302; or sexual exploitation of a child, as described in section 18-6-403, and the person’s conduct is limited to the elements in posting private images by a juvenile, as described in section 18-7-109 (1), or possessing private images by a juvenile, as described in section 18-7-109 (2); and
(IV) The person has received a sex offender evaluation that conforms with the standards developed pursuant to section 16-11.7-103 (4)(i), from an evaluator who meets the standards established by the sex offender management board, and the evaluator recommends exempting the person from the registration requirements based upon the best interests of that person and the community; and
(V) The court makes written findings of fact specifying the grounds for granting such exemption.
As you can see, currently, the judge only has the discretion to find that a juvenile does not need to register as a sex offender if they were adjudicated for one of the misdemeanor crimes listed in part (III) and met all the other criteria. The new legislation would likely loosen all these restrictions, which would allow these juveniles to get treatment, but also move forward with their lives and not have a mistake they made as a child follow them forever.