State officials are working to change the law to ensure that communities are properly warned when a sexually violent predator is released from prison and moves into their neighborhood.
On Friday, a task force made several recommendations, including that all sexually violent predators should automatically be subject to community notification.
Under current law, such notification is not automatic or even assured.
The recommendations and task force were formed after The Denver Post reported in May that since Colorado’s predator law took effect in 1999, only two men not in prison had been labeled as sexually violent predators – the worst of the worst offenders – even though more than 1,300 men and women met the initial criteria.
In Fort Collins last week, authorities called a community meeting to let residents know a sexually violent predator had moved into their neighborhood.
“The law has been somewhat fuzzy, to say the least,” Gov. Bill Owens said Friday.
Owens made the statement as part of an announcement by state officials of the findings of a task force he appointed in June to address the failings of the notification system.
The task force, chaired by Colorado Attorney General John Suthers, made other recommendations, through a legislative subcommittee. They include:
All sexually violent predators should automatically be subject to community notification.
The probation department will have the primary responsibility for the assessment of sexually violent predators. Current law is unclear as to who is responsible.
Arrest will be mandatory, and no longer discretionary, for a sexually violent predator who fails to follow registration requirements.
Colorado’s definition of a sexually violent predator should be changed to include those who are convicted of such crimes in other states or jurisdictions.
Currently, the law does not require community notification when a sexually violent predator who is no longer under supervision moves into Colorado from another state.
Also, two lawmakers, Rep. Josh Penry, R-Grand Junction, and Sen. Ken Kester, R-Las Animas, are sponsoring legislation in the next session to change the statute dealing with sexually violent predators, Suthers said.
The proposed changes will “clean up the ambiguities and clarify” the responsibilities, he said.
“The nice thing about this,” Suthers said, “is that the vast majority of people who weren’t previously assessed by the courts are in the Department of Corrections. Another large group are on probation.”
The task force report said that as of Aug. 12, the Colorado Department of Corrections had identified 963 offenders under their jurisdiction who may meet the requirement to be assessed as a sexually violent predator.
Staff writer Amy Herdy can be reached at aherdy@denverpost.com or 303-820-1752.
