[0:06] Hello, my name is Chris LaBonnaferstowski and I'm the program manager of the Colorado Sex Offender Management Board. This presentation has been developed by the Colorado Community Notification Technical Assistance Team of the Sex Offender Management Board pursuant to Colorado Revise Statute 16-13-904. For questions and information contained in this presentation, please either contact local law enforcement in your community

[0:35] or the Office of Sex Offender Management at the Division of Criminal Justice at 303-239-4499.

[0:45] You are viewing this presentation because a sexually violent predator has recently moved into your area.

[0:51] During the video we will discuss the purpose and benefits of community notification, legislative history,

[0:58] how sexually violent predators are designated,

[1:01] general information about sex offenders, victims,

[1:05] and the sex offender management system,

[1:07] protection and safety issues and community responsibility.

[1:11] Following the video, you will receive specific information

[1:14] related to the subject of the notification.

[1:17] In the mid-1990s,

[1:19] the federal government began passing a series of sex offender laws

[1:22] based on tragedies that were publicized by the media.

[1:26] The first law is the Wetterling Act, which required states to establish sex offender registration for convicted offenders and a system to track them.

[1:35] In 1989, Jacob Wetterling, age 11, was abducted by a masked man, and to date, Jacob has never been found.

[1:44] Jacob's mother, Patti Wetterling, advocated for missing children and was appointed to a governor's task force that recommended sex offender registration requirements in Minnesota.

[1:56] Magan's Law requires states to inform community residents about the presence of convicted sex offenders in their neighborhood.

[2:03] In July 1994, seven-year-old Megan Canca was raped and murdered by her neighbor who was a two-time convicted pedophile.

[2:12] Her parents said that they would never have allowed her to travel the neighborhood freely if they had known that a convicted sex offender was living across the street.

[2:21] The Pam Litchner Community Notification Act amended the Wetterling Act by mandating lifetime

[2:28] registration for some sex offenders and mandating a national sex offender registry to be maintained

[2:34] by the FBI. Houston real estate agent Pam Litchner prepared to show a vacant home to a prospective

[2:41] buyer who was actually a two-time convicted felon and he brutally assaulted her. She then formed

[2:48] and justice for all, a victim rights advocacy group that lobbied for tougher sentences for

[2:54] violent criminals.

[2:55] The Campus Sex Crime Prevention Act amended the Wetterling Act requiring offenders to

[3:00] report information regarding enrollment or employment at an institution of higher education

[3:06] and to provide this information to a law enforcement agency whose jurisdiction includes the institution.

[3:12] This is based upon the case of Jeannie Clary, a 19-year-old freshman from Lehigh University

[3:18] who was raped and murdered in 1986.

[3:22] While asleep in her residence hall, her parents discovered there were 38 violent crimes committed

[3:28] on campus that students were unaware of.

[3:31] Now schools must disclose crime statistics and provide notice of where registered sex offender

[3:36] information may be located.

[3:38] Finally, the Adam Walsh Act repealed the Wetterling Act and replaced it with a stricter requirement

[3:45] for sex offender registration, including a national registry.

[3:49] This is based upon the case of Adam Walsh, who was kidnapped and murdered in Florida.

[3:55] His father, John Walsh, has been active in both the media and legislation.

[4:00] The purpose of these laws is to provide law enforcement and communities with greater access

[4:05] information about known sex offenders in their communities. It is important to note that Colorado

[4:11] had a version of all of these laws prior to the federal government mandating them.

[4:17] My name is Jeff Shea and I'm a Colorado detective who specializes in working with convicted sex offenders.

[4:24] Sex Fender registration is required for those who are convicted on or after January 1, 1991

[4:31] one of an unlawful sexual offense in Colorado or any other state, or released from the Department

[4:38] of Corrections after January 1, 1991, after serving a sentence for an unlawful sexual

[4:45] offense. Colorado includes a broader range of offenders required to register than are

[4:52] required federally. This includes criminal guilty pleas, nolo contender, deferred judgments,

[4:59] the due to cations and cases with findings of sexual factual basis. Registration may be

[5:07] required of juveniles and adults, but juveniles are not posted on law enforcement websites.

[5:13] Adults can petition to be removed under certain circumstances after a specific period of time based on their conviction.

[5:21] Sectionally violent predators and adults with multiple convictions register for life

[5:26] and cannot petition their records to stop registering.

[5:29] Juveniles 13 and under can petition for an exception for registration in limited cases,

[5:35] and Juveniles can petition to be removed from the registry after successful completion of

[5:40] a court-mandated supervision.

[5:43] Lifetime supervision is an indeterminate sentence of probation or parole up to the offender's

[5:48] lifetime.

[5:49] However, it's important to note that not all sex offenders receive such a sentence, and

[5:54] some registered sex offenders may no longer be under criminal justice supervision, like

[5:59] probation or parole.

[6:01] Community notification occurs in two different ways in Colorado, passive and active.

[6:06] Passive notification occurs when a citizen comes to law enforcement and requests a copy

[6:11] of a sex-fender registry or looks on a law enforcement website or the internet for information.

[6:18] Active notification occurs when law enforcement goes to the citizens as in this notification and

[6:25] provides information about a specific offender to the community.

[6:30] Hello, my name is Kathy Rodriguez and I am the community notification coordinator for the Colorado

[6:36] Sex Offender Management Board. What does SVP mean? All 50 states have some way of designating their

[6:43] highest risk sex offenders. Some refer to them in levels or tiers with a numbering system.

[6:49] Our state refers to them as sexually violent predators or SVPs. This is a federal legal term

[6:55] and is just a label, not a description of a sexual offense or the person. According to research,

[7:02] the SVP assessment shows SVPs are significantly more likely than non-SVPs to commit a new sex crime

[7:09] post-release. There are two ways in Colorado and individual can receive the label of SVP.

[7:16] The first way is through the Colorado SVP assessment tool called the SOARS. This tool was developed

[7:23] by the Office of Research and Statistics at the Division of Criminal Justice in collaboration

[7:28] with the Sex Offender Management Board. The second way is when the offender is identified

[7:33] as an SVP, or it's equivalent in another state, and then moves here.

[7:39] Our state will then honor that designation, which is determined through the Colorado

[7:43] Bureau of Investigation.

[7:45] In order for a person to even be assessed as an SVP, they must first meet for specific criteria

[7:51] according to Colorado statute.

[7:54] First, the offender must be 18 years or older, at the time they committed the crime, or if

[8:00] they are a juvenile, they must be tried as an adult.

[8:02] Second, the offender had to commit the crime on or after July 1st of 1997 and have been

[8:09] convicted on or after July 1st of 1999.

[8:13] Third, the conviction must be for one of four crimes, sexual assault, unlawful sexual

[8:19] contact, sexual assault on a child, or sexual assault on a child position of trust.

[8:25] Conviction includes guilty plea, no-low contenday, deferred judgment and sentences, attempts,

[8:33] solicitations, and conspiracies to commit.

[8:36] Fourth, the offender must have been either a stranger to the victim or have established

[8:41] or promoted a relationship with the victim for the purposes of sexual victimization.

[8:47] An SOMB-approved evaluator will conduct an evaluation at the time of sentencing

[8:51] and complete sexually violent predator assessment screening instrument in conjunction with a probation officer assigned to complete a

[8:59] pre-sentence investigation of the offender. If the offender scores in a certain manner or if the offender has a certain number of prior sex crime

[9:07] convictions, a recommendation will be made to the court that the offender be designated a sexually violent predator. It is ultimately at the

[9:16] discretion of the court or the parole board to make the designation or finding of SVP.

[9:21] So even though an offender can meet all of the required criteria and be scored as an SVP

[9:26] on the assessment, in rare cases the course of parole board will not make the finding.

[9:32] Therefore they will not be designated as an SVP.

[9:35] If SVP status or equivalent is designated by another state or jurisdiction, see the I investigates

[9:42] and determines if the individual's SDP status continues locally.

[9:47] All designated SDPs are subject to community notification, pursuant to Colorado law.

[9:54] I would like to talk to you about some commonly held myths about sex offenders.

[9:59] Many people think that sex assault is not prevalent, but estimates indicate that one in three

[10:04] girls and one in seven boys have been victims of sexual assault.

[10:08] Most people think that sex offenders are caught and sent to prison when the majority of sex offenders are never detected.

[10:15] In fact, only 16% of sexual assaults are ever reported to the authorities.

[10:21] Many people believe that sex crimes are impulsive, but research suggests most are carefully planned.

[10:29] Some people think you can tell who sex offenders are when in reality there is no typical sexual offender.

[10:35] They come from all walks of life.

[10:36] It is important to note, however, that most sex offenders are male, and sexual offending behavior has some common characteristics.

[10:45] For example, many offenders engage in crossover behavior.

[10:49] This means that while they may be caught committing one type of behavior, they can be at risk for committing other types of sexual offending behavior as well.

[10:57] research in Colorado suggests that convicted rapists have often also molested children and convicted child molesters have often also sexually assaulted adult victims.

[11:09] This means that the crime and offender is convicted for is not necessarily their only indicator of risk.

[11:16] Many people believe that sex offenses occur in dangerous places, when in fact the majority of offenses occur in either the offender or the victims own home.

[11:26] In addition, there is often a misconception that offenders are strangers to victims when

[11:32] statistics show that 93% of child victims know the perpetrator prior to the offense.

[11:39] I would like to talk to you about community supervision requirements for convicted sex offenders

[11:44] and Colorado within the sex offender management system.

[11:48] Colorado uses the containment model developed by Colorado after having observed similar models

[11:53] in other states, including Oregon in the mid-1990s.

[11:58] The model includes collaboration from the supervising officer,

[12:01] usually a parole or probation officer,

[12:04] the treatment provider who specializes

[12:05] in working with sex offenders and a polygraph examiner

[12:08] who administers specialized lie detector tests.

[12:12] The combination of comprehensive treatment

[12:14] and carefully structured and monitored behavioral supervision

[12:18] may assist some sex offenders

[12:20] to develop internal control over their behavior.

[12:23] Sex offenders under community supervision

[12:25] are required to comply with many criminal justice mandates

[12:29] and are governed by numerous restrictions and prohibitions.

[12:33] The special conditions of community supervision

[12:35] often include the following.

[12:37] Prohibited contact with minors under the age of 18.

[12:41] Prohibited use of any substances, including alcohol,

[12:45] implementation of a curfew.

[12:46] the use of global positioning systems or ankle monitors, participation in sex offender evaluation

[12:53] and treatment, undergoing polygraph examination and arousal assessment, restrictions regarding

[12:59] where the offender goes and lives, etc. Citizens can't assist by being involved in their

[13:06] communities and being aware of public safety issues. If a community member is aware of concerns

[13:12] regarding a sex offender under community supervision,

[13:15] he or she is encouraged to speak with the offender's

[13:18] supervising officer or can always contact law enforcement.

[13:24] It is important to also discuss victim dynamics

[13:27] and unfortunate misconceptions society often has related

[13:31] to the victims of sexual assault.

[13:33] Some people think that victims are in some way responsible

[13:36] for the abuse that they suffered.

[13:39] Victims are not to blame and in no way deserve any form

[13:42] of abuse, regardless of the situation.

[13:45] This misconception is often actually a coping response developed from the need for reassurance

[13:50] and control over preventing abuse from happening to us or our loved ones.

[13:55] We think that if we can identify something that the victim did that contributed to the abuse,

[14:00] we will be sure not to do that one thing, and we will be safe from sexual abuse.

[14:05] The fact is, however, that sex offenders typically have power and control issues and use manipulation

[14:11] and deception to commit sex offenses.

[14:14] Many people also believe that if victims are not significantly physically injured, they

[14:20] are not suffering from trauma.

[14:22] However, research shows that only 4% of reported rape victims ever incur serious physical injury.

[14:30] Victims of sexual assault can be impacted in a variety of different ways and to different

[14:35] degrees.

[14:36] There is not a typical or normal response, but victims who know the offender often experience

[14:42] more difficult recovery than those who do not know the offender.

[14:46] Research does suggest that victims of sexual assault are at a higher risk for a variety

[14:51] of different problems, including depression, suicide, involvement in the criminal justice

[14:56] system, unwanted pregnancy and substance abuse.

[15:00] The most important thing to know is that victims who are supported and believed usually heal and recover better than those who are not. As a citizen of your community, it's important for you to know what your role is. Now, Kathy previously mentioned that you can assist by contacting law enforcement with any issues or concerns you may have related to sex offenders in your area. However, it's also important for you to understand that you can help protect

[15:29] protect your community, by ensuring that the sex

[15:32] fenders not harassed or intimidated.

[15:35] You may not agree with this, and it may be difficult to hear.

[15:39] But research has consistently shown that sex fenders

[15:42] are at a higher risk to commit a new offense when they're unstable.

[15:47] And vice versa, they're at a lower risk to commit a new offense

[15:51] when they have stable housing, steady employment,

[15:54] and positive support from family and friends

[15:57] who are aware of their offenses and who can help with resources and services.

[16:04] Sex offenders who become victims of vigilanteism are more likely to go underground and not report

[16:10] their whereabouts to authorities.

[16:13] If we don't know where they are, we can't track them, supervise them, or treat them.

[16:18] Let's make our community safer by ensuring that the offenders we do know about are able

[16:23] to access support and be held accountable.

[16:26] I'd like to talk to you about community protection and issues.

[16:30] It's important to talk to your children about the SVP and other sex offenders.

[16:36] Some tips that may help are to avoid scary details, use language that's honest and age-appropriate.

[16:45] Teach your children not to make contact with the offender, but also not to harass them.

[16:49] and teach your children to always tell a safe adult if someone is being inappropriate with them or touching them inappropriately.

[16:59] It's important to pay attention to your children's behavior as well as their thoughts and feelings.

[17:05] To model appropriate behavior, use good judgment and choosing friends and partners,

[17:11] to not put them in risky situations and to teach them the danger of keeping secrets.

[17:16] words. You can roleplay different scenarios with them, teach them appropriate social behaviors,

[17:23] the correct names for body parts, and that adults are not always right. But remember that

[17:31] the biggest threat to our children still remains from those our child already knows, not

[17:38] the registered sex fender living the next block over.

[17:42] Thank you for taking the time to watch this video.

[17:45] Immediately after this educational portion, you'll see details about the subject of this

[17:50] notification.

SVP Community Notification.mp4

Transcript