sex offender registry
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Lifetime sex offender registration not ‘punishment,’ Colorado justices say
The Colorado Supreme Court concluded on Monday that lifetime sex offender registration is not cruel and unusual punishment because it is not “punishment.” At the same time, two members urged lawmakers to heed the advice of the Sex Offender Management Board and adopt a new, more accurate system of measuring a person’s risk of recidivism.…
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Colorado Supreme Court weighs whether lifetime sex offender registration amounts to ‘punishment’
Members of the Colorado Supreme Court appeared wary last week of deeming lifetime sex offender registration “punishment,” even as they heard about the inescapable consequences for a person’s liberty and privacy. Under Colorado law, “sexually violent predators” are subject to lifetime sex offender registration. To qualify, they must be 18 years or older, convicted of certain offenses,…
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Colorado Supreme Court to examine whether portion of anti-SLAPP law is unconstitutional
The Colorado Supreme Court announced on Monday that it will address whether lawmakers inadvertently violated the state constitution by creating a unique pathway for appeals under a law designed to shield First Amendment conduct from lawsuits. At least three of the court’s seven members must agree to hear a case on appeal. The justices also accepted…
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Appeals court rejects state’s argument that severely disabled sex offenders cannot de-register
Colorado’s second-highest court last week clarified for the first time that a 2018 change to state law now permits severely disabled sex offenders who are otherwise required to register for life to discontinue their registrations. Defendants convicted of certain serious sex crimes are generally required to register for the rest of their lives. However, the legislature in 2018 enacted…
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Recognizing ‘anomaly,’ appeals court says man with dismissed sex offense must continue sex offender registration
Colorado’s second-highest court last week concluded a man must continue his placement on the sex offender registry despite the dismissal of his sex offense charge – throwing the question to the legislature about whether and how to correct that unusual outcome. The issue before the Court of Appeals revolved around the treatment of a deferred judgment…