Opinion
23SC287
10-09-2023
The People of the State of Colorado, Petitioner v. Justin Daniel Silvanic, Respondent
Court of Appeals Case No. 20CA1503
Petition for Writ of Certiorari DENIED.
JUSTICE HART and JUSTICE BERKENKOTTER would grant as to the following issues:
Is the court of appeals remand order either unnecessary or without sufficient guidance? The defendant agreed to continuous monitoring of his internet use when he submitted to an "account-sharing requirement" that was a Brockelman-compliant component of his SOISP probation. Because the remand order pertains to a subsequent "monitoring agreement" that merely facilitates the account-sharing requirement, what more the district court can or should do, if anything, is unclear.
Does the majority opinion erroneously suggest "reasonable suspicion" must be identified to justify the continuous monitoring of internet use by a sex offender who used electronic communications to groom his victim? Such a requirement would defeat SOISP's fundamental goals of protecting the public and rehabilitating the probationer.