Section 16-11.7-105 - Sentencing of sex offenders - treatment based upon evaluation and identification required - subcommittee created(1) Each adult sex offender and juvenile who has committed a sexual offense sentenced by the court for an offense committed on or after January 1, 1994, shall be required, as a part of any sentence to probation, commitment to the department of human services, sentence to community corrections, incarceration with the department of corrections, placement on parole, or out-of-home placement to undergo treatment to the extent appropriate to such offender based upon the recommendations of the evaluation and identification made pursuant to section 16-11.7-104 or based upon any subsequent recommendations by the department of corrections, the judicial department, the department of human services, or the division of criminal justice in the department of public safety, whichever is appropriate. The treatment and monitoring shall be provided by an approved provider pursuant to section 16-11.7-106, and the offender shall pay for the treatment to the extent the offender is financially able to do so.(1.5)(a) The department of corrections shall identify all inmates who are classified to undergo treatment, are eligible to receive treatment pursuant to the department of corrections' policy, and have not been provided with the opportunity to undergo treatment while incarcerated. For each inmate, the department of corrections shall provide the following data to the board on or before July 31, 2023:(I) The inmate's department of corrections identification number;(II) The date of the inmate's sentence, the crime of conviction, and length of the sentence, including length of parole;(III) Whether the sentence to the department of corrections was a result of a parole revocation;(IV) The date the inmate was placed on the global referral list as established by the department of corrections;(V) The actual or projected parole eligibility date and mandatory release date, as of July 31, 2023, as well as, if applicable, whether the inmate is enrolled in or has participated in track I or track II treatment, or whether the inmate has been placed in the maintenance phase; and(VI) The department of corrections S5 qualifier code for the inmate, if any.(b) The department of corrections shall further identify, in writing:(I) In the aggregate, validated static risk assessment scores of the inmates described in this section, if available, separately identifying those serving indeterminate and determinate sentences;(II) The total treatment capacity in the department of corrections and, for each facility providing sex offender treatment and monitoring program treatment services, the treatment program capacity and the phases or tracks of treatment offered;(III) The names of all board-approved providers employed by or contracting with the department of corrections, the amount of time each provider or contractor has been working with the department of corrections, and at which location each provider or contractor is providing services each month;(IV) The frequency of sex offender treatment and monitoring program treatment groups and the frequency of cancellation of such groups in all facilities;(V) The number of open positions for any sex offender treatment and monitoring program providers, including group therapy positions, polygraph providers, or any other positions necessary to operate the program; and(VI) Any and all efforts made by the department of corrections in the past five years to increase the capacity of the sex offender treatment and monitoring program, fill and maintain the allocated full-time or contract positions, and any data available to address any hiring challenges identified by the department.(c) The department of corrections shall provide this data to the board prior to July 31, 2023. The board shall form a subcommittee with representatives from the board, community sex offender treatment providers, the department of corrections, the division of adult parole in the department of corrections, and the state parole board created pursuant to section 17-2-201. The purpose of the subcommittee is to develop solutions to address treatment resources for sex offenders who are incarcerated or in the custody of the department of corrections, including a legal and evidence-based analysis of inmates who are required to progress in treatment in the department of corrections prior to any release pursuant to section 18-1.3-1006 and those who are classified by the department of corrections as an inmate who is required to participate in treatment. The subcommittee shall: (I) Analyze the data provided by the department of corrections and prepare a comprehensive report on the current prison population to identify inmates who are eligible to receive treatment, with special priority toward inmates who are past parole eligibility date, have not been provided a treatment opportunity, and require treatment to meet community corrections or parole eligibility requirements pursuant to section 18-1.3-301 (1)(f), 18-1.3-1006, and 17-22.5-404 (4)(c)(II);(II) Identify all barriers the department of corrections faces in providing timely access to treatment to inmates who require treatment to meet parole eligibility requirements pursuant to sections 18-1.3-1006 and 17-22.5-404 (4)(c)(II) and make recommendations for workable solutions to increase treatment access in the department of corrections, including evidence-based, validated projections developed in conjunction with the division of criminal justice experts in prison population projections, for the decrease in backlog that would occur with the implementation of any solutions;(III) Determine which, if any, standards are barriers to providing timely access to treatment and make recommendations concerning changes or exceptions to the standards for sex offenders incarcerated in the department of corrections;(IV) Review and consider revisions to the department of corrections policies and administrative regulations to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements;(V) Review the criteria established pursuant to section 18-1.3-1009 and make revisions to policies of the department of corrections and administrative regulations to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements pursuant to section 18-1.3-1006;(VI) Review parole guidelines for those inmates classified as sex offenders with determinate sentences established pursuant to section 17-22.5-404 and make revisions as necessary to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements;(VII) Determine whether additional treatment providers will contract with the department of corrections to provide evaluation or treatment services to incarcerated individuals and make workable recommendations concerning how to immediately increase inmate access to those approved providers;(VIII) Determine whether increased funding or any other resources could make access to telehealth treatment viable for inmates and the amount of increased funding or resources necessary to accomplish this goal; and(IX) In consideration of any existing treatment backlog and of finite treatment resources, make recommendations for procuring or making available sufficient treatment resources without negatively impacting public safety and protection of victims.(d) The subcommittee created in subsection (1.5)(c) of this section shall present its written findings in a report and proposal to the judiciary committees of the house of representatives and the senate, or any successor committees, on or before February 1, 2024. The department of corrections and the parole board shall comment on the report's findings and recommendations on or before March 1, 2024.(2) For offenders who begin community supervision on or after June 5, 2023, the supervising agency of each adult sex offender and juvenile who has committed a sexual offense shall provide the offender with access to a complete list of treatment providers who are approved pursuant to section 16-11.7-106 and who have the expertise to work with the specific risks and needs of that particular offender. The supervising agency shall also make specific recommendations to the offender. When making a list of referrals, the supervising agency shall consider the individual risks and treatment needs of the particular offender, ability of the treatment provider to accept new clients, geographic proximity of the provider, and the nature of the programs, and tailor referrals to those considerations and any other factor relevant to the treatment needs of the offender, capability of the provider, and safety of the community. For an offender who is a person with an intellectual and developmental disability, as described in section 25.5-10-202, the supervising agency shall refer that offender to a provider approved by the sex offender management board to work with that population. For offenders who prefer to do treatment in a language other than English, referrals must be offered, when possible, to providers who are fluent in the target language. Once selected, the treatment provider or agency may not be changed by the offender without the approval of the community supervision team, the multidisciplinary team, or the court, except the offender may change the treatment provider or agency once within ninety days of the court imposing sentence or the offender's release on parole.(3) The requirements of subsection (2) of this section do not apply to the division of youth services based on the nature of the program, the complex needs of the juveniles served, and the placements and approved treatment providers available to work with juveniles from the division of youth services. The division of youth services shall assign juveniles who have committed a sexual offense to a treatment provider based on the individual risks and needs of the juvenile and have procedures in place to allow for a juvenile or family to request a change in treatment providers based on responsivity factors. The multidisciplinary team for the juvenile shall review all requests for changes in treatment providers and approve requests if the multidisciplinary team determines the juvenile's risks, needs, and responsivity factors can be better served by an alternate treatment provider.Amended by 2023 Ch. 349,§ 5, eff. 6/5/2023.Amended by 2016 Ch. 347, § 2, eff. 8/10/2016.L. 92: Entire article added, p. 460, § 3, effective June 2. L. 94: (1) amended, p. 2651, § 126, effective July 1. L. 2000: Entire section amended, p. 236, § 6, effective July 1. L. 2011: Entire section amended, (HB 11 - 11 38), ch. 236, p. 1023, § 5, effective May 27. L. 2016: Entire section amended, (HB 16-1345), ch. 347, p. 1415, § 2, effective August 10. For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.