sex offender
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Colorado Supreme Court weighs whether lifetime sex offender registration amounts to ‘punishment’
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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
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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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After hearing from Colorado’s justices, 10th Circuit rules defendant cannot challege parole eligibility — yet
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The federal appeals court based in Denver ruled on Monday that a defendant who is serving a potential life sentence for crimes he committed as a 15 year old cannot pursue a constitutional challenge now to any future decision about his parole eligibility. The U.S. Court of Appeals for the 10th Circuit reached its decision…
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State backs down on sex offender decision for Northglenn facility
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Patients of one of Colorado’s first Mental Health Transitional Homes will be moving in this month despite outcry from some Northglenn residents who don’t want them in their neighborhood. Department of Human Services spokesperson Jordan Saenz confirmed that May is the target month for the move, but said that “there is no set date” because…
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Colorado Supreme Court identifies potential red flag in state’s sex offender sentencing law
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The Colorado Supreme Court on Monday suggested the 25-year-old law governing criminal sentences for sex offenders might run afoul of the constitutional prohibition on cruel and unusual punishment when applied to juveniles serving lengthy terms of incarceration. The ultimate question of whether the Sex Offender Lifetime Supervision Act, or SOLSA, is unconstitutional in the case of…
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Colorado Supreme Court identifies potential red flag in state’s sex offender sentencing law
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The Colorado Supreme Court on Monday suggested the 25-year-old law governing criminal sentences for sex offenders might run afoul of the constitutional prohibition on cruel and unusual punishment when applied to juveniles serving lengthy terms of incarceration. The ultimate question of whether the Sex Offender Lifetime Supervision Act, or SOLSA, is unconstitutional in the case of…
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Recognizing ‘anomaly,’ appeals court says man with dismissed sex offense must continue sex offender registration
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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…
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Lincoln County judge wrongly denied man opportunity to justify possession of contraband, court rules
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A Lincoln County judge improperly denied an incarcerated man the opportunity to justify his possession of contraband weapons behind bars, Colorado’s second-highest court ruled last week in reversing the conviction. Colorado law provides for a “choice-of-evils” defense. A person can avoid conviction if they show they were facing imminent harm and engaged in criminal conduct…
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Federal judge says inmate attacked by other prisoners cannot sue corrections officers
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An incarcerated man, allegedly attacked by other prisoners because of his status as a sex offender, cannot sue corrections officials for failing to protect him, a federal judge ruled last month. Even though Emanuel Pittman reportedly told multiple prison officials that other inmates were threatening his life, U.S. Magistrate Judge Kristen L. Mix explained it…
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Appeals court clarifies Fifth Amendment rights of sex offense probationers
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Colorado’s second-highest court clarified last week that if a defendant on sex-offender probation refuses to accept responsibility for his crime as a condition of treatment, the Fifth Amendment’s protection against self-incrimination may prohibit a judge from revoking his probation as a punishment. A three-judge panel for the Court of Appeals specified that its decision applied…
