1
00:00:06,160 --> 00:00:35,740
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

2
00:00:35,740 --> 00:00:44,320
or the Office of Sex Offender Management at the Division of Criminal Justice at 303-239-4499.

3
00:00:45,120 --> 00:00:50,580
You are viewing this presentation because a sexually violent predator has recently moved into your area.

4
00:00:51,380 --> 00:00:58,000
During the video we will discuss the purpose and benefits of community notification, legislative history,

5
00:00:58,000 --> 00:01:00,920
how sexually violent predators are designated,

6
00:01:01,420 --> 00:01:04,480
general information about sex offenders, victims,

7
00:01:05,020 --> 00:01:06,580
and the sex offender management system,

8
00:01:07,120 --> 00:01:10,600
protection and safety issues and community responsibility.

9
00:01:11,260 --> 00:01:14,480
Following the video, you will receive specific information

10
00:01:14,480 --> 00:01:16,700
related to the subject of the notification.

11
00:01:17,320 --> 00:01:19,320
In the mid-1990s,

12
00:01:19,420 --> 00:01:22,520
the federal government began passing a series of sex offender laws

13
00:01:22,520 --> 00:01:26,040
based on tragedies that were publicized by the media.

14
00:01:26,040 --> 00:01:35,240
The first law is the Wetterling Act, which required states to establish sex offender registration for convicted offenders and a system to track them.

15
00:01:35,920 --> 00:01:43,760
In 1989, Jacob Wetterling, age 11, was abducted by a masked man, and to date, Jacob has never been found.

16
00:01:44,700 --> 00:01:55,360
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.

17
00:01:56,300 --> 00:02:03,280
Magan's Law requires states to inform community residents about the presence of convicted sex offenders in their neighborhood.

18
00:02:03,680 --> 00:02:12,380
In July 1994, seven-year-old Megan Canca was raped and murdered by her neighbor who was a two-time convicted pedophile.

19
00:02:12,860 --> 00:02:21,740
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.

20
00:02:21,740 --> 00:02:28,300
The Pam Litchner Community Notification Act amended the Wetterling Act by mandating lifetime

21
00:02:28,300 --> 00:02:34,680
registration for some sex offenders and mandating a national sex offender registry to be maintained

22
00:02:34,680 --> 00:02:41,580
by the FBI. Houston real estate agent Pam Litchner prepared to show a vacant home to a prospective

23
00:02:41,580 --> 00:02:48,300
buyer who was actually a two-time convicted felon and he brutally assaulted her. She then formed

24
00:02:48,300 --> 00:02:54,020
and justice for all, a victim rights advocacy group that lobbied for tougher sentences for

25
00:02:54,020 --> 00:02:54,880
violent criminals.

26
00:02:55,300 --> 00:03:00,580
The Campus Sex Crime Prevention Act amended the Wetterling Act requiring offenders to

27
00:03:00,580 --> 00:03:06,620
report information regarding enrollment or employment at an institution of higher education

28
00:03:06,620 --> 00:03:12,660
and to provide this information to a law enforcement agency whose jurisdiction includes the institution.

29
00:03:12,660 --> 00:03:18,740
This is based upon the case of Jeannie Clary, a 19-year-old freshman from Lehigh University

30
00:03:18,740 --> 00:03:21,780
who was raped and murdered in 1986.

31
00:03:22,680 --> 00:03:28,260
While asleep in her residence hall, her parents discovered there were 38 violent crimes committed

32
00:03:28,260 --> 00:03:30,840
on campus that students were unaware of.

33
00:03:31,220 --> 00:03:36,780
Now schools must disclose crime statistics and provide notice of where registered sex offender

34
00:03:36,780 --> 00:03:38,240
information may be located.

35
00:03:38,240 --> 00:03:45,080
Finally, the Adam Walsh Act repealed the Wetterling Act and replaced it with a stricter requirement

36
00:03:45,080 --> 00:03:49,260
for sex offender registration, including a national registry.

37
00:03:49,720 --> 00:03:54,680
This is based upon the case of Adam Walsh, who was kidnapped and murdered in Florida.

38
00:03:55,240 --> 00:03:59,840
His father, John Walsh, has been active in both the media and legislation.

39
00:04:00,420 --> 00:04:05,480
The purpose of these laws is to provide law enforcement and communities with greater access

40
00:04:05,480 --> 00:04:11,980
information about known sex offenders in their communities. It is important to note that Colorado

41
00:04:11,980 --> 00:04:17,040
had a version of all of these laws prior to the federal government mandating them.

42
00:04:17,460 --> 00:04:23,220
My name is Jeff Shea and I'm a Colorado detective who specializes in working with convicted sex offenders.

43
00:04:24,400 --> 00:04:31,400
Sex Fender registration is required for those who are convicted on or after January 1, 1991

44
00:04:31,400 --> 00:04:38,920
one of an unlawful sexual offense in Colorado or any other state, or released from the Department

45
00:04:38,920 --> 00:04:45,880
of Corrections after January 1, 1991, after serving a sentence for an unlawful sexual

46
00:04:45,880 --> 00:04:52,040
offense. Colorado includes a broader range of offenders required to register than are

47
00:04:52,040 --> 00:04:59,100
required federally. This includes criminal guilty pleas, nolo contender, deferred judgments,

48
00:04:59,100 --> 00:05:07,120
the due to cations and cases with findings of sexual factual basis. Registration may be

49
00:05:07,120 --> 00:05:12,460
required of juveniles and adults, but juveniles are not posted on law enforcement websites.

50
00:05:13,880 --> 00:05:20,480
Adults can petition to be removed under certain circumstances after a specific period of time based on their conviction.

51
00:05:21,440 --> 00:05:26,380
Sectionally violent predators and adults with multiple convictions register for life

52
00:05:26,380 --> 00:05:29,360
and cannot petition their records to stop registering.

53
00:05:29,900 --> 00:05:35,060
Juveniles 13 and under can petition for an exception for registration in limited cases,

54
00:05:35,360 --> 00:05:40,400
and Juveniles can petition to be removed from the registry after successful completion of

55
00:05:40,400 --> 00:05:41,860
a court-mandated supervision.

56
00:05:43,120 --> 00:05:48,640
Lifetime supervision is an indeterminate sentence of probation or parole up to the offender's

57
00:05:48,640 --> 00:05:49,040
lifetime.

58
00:05:49,720 --> 00:05:54,840
However, it's important to note that not all sex offenders receive such a sentence, and

59
00:05:54,840 --> 00:05:59,580
some registered sex offenders may no longer be under criminal justice supervision, like

60
00:05:59,580 --> 00:06:00,560
probation or parole.

61
00:06:01,400 --> 00:06:05,800
Community notification occurs in two different ways in Colorado, passive and active.

62
00:06:06,780 --> 00:06:11,560
Passive notification occurs when a citizen comes to law enforcement and requests a copy

63
00:06:11,560 --> 00:06:17,500
of a sex-fender registry or looks on a law enforcement website or the internet for information.

64
00:06:18,820 --> 00:06:25,260
Active notification occurs when law enforcement goes to the citizens as in this notification and

65
00:06:25,260 --> 00:06:28,900
provides information about a specific offender to the community.

66
00:06:30,220 --> 00:06:36,340
Hello, my name is Kathy Rodriguez and I am the community notification coordinator for the Colorado

67
00:06:36,340 --> 00:06:43,560
Sex Offender Management Board. What does SVP mean? All 50 states have some way of designating their

68
00:06:43,560 --> 00:06:49,000
highest risk sex offenders. Some refer to them in levels or tiers with a numbering system.

69
00:06:49,620 --> 00:06:55,440
Our state refers to them as sexually violent predators or SVPs. This is a federal legal term

70
00:06:55,440 --> 00:07:01,880
and is just a label, not a description of a sexual offense or the person. According to research,

71
00:07:02,160 --> 00:07:09,860
the SVP assessment shows SVPs are significantly more likely than non-SVPs to commit a new sex crime

72
00:07:09,860 --> 00:07:16,000
post-release. There are two ways in Colorado and individual can receive the label of SVP.

73
00:07:16,360 --> 00:07:23,040
The first way is through the Colorado SVP assessment tool called the SOARS. This tool was developed

74
00:07:23,040 --> 00:07:27,860
by the Office of Research and Statistics at the Division of Criminal Justice in collaboration

75
00:07:28,200 --> 00:07:33,560
with the Sex Offender Management Board. The second way is when the offender is identified

76
00:07:33,560 --> 00:07:38,240
as an SVP, or it's equivalent in another state, and then moves here.

77
00:07:39,180 --> 00:07:43,420
Our state will then honor that designation, which is determined through the Colorado

78
00:07:43,420 --> 00:07:44,760
Bureau of Investigation.

79
00:07:45,400 --> 00:07:51,800
In order for a person to even be assessed as an SVP, they must first meet for specific criteria

80
00:07:51,800 --> 00:07:53,580
according to Colorado statute.

81
00:07:54,220 --> 00:08:00,000
First, the offender must be 18 years or older, at the time they committed the crime, or if

82
00:08:00,000 --> 00:08:02,300
they are a juvenile, they must be tried as an adult.

83
00:08:02,300 --> 00:08:09,700
Second, the offender had to commit the crime on or after July 1st of 1997 and have been

84
00:08:09,700 --> 00:08:12,520
convicted on or after July 1st of 1999.

85
00:08:13,500 --> 00:08:19,860
Third, the conviction must be for one of four crimes, sexual assault, unlawful sexual

86
00:08:19,860 --> 00:08:25,540
contact, sexual assault on a child, or sexual assault on a child position of trust.

87
00:08:25,540 --> 00:08:33,080
Conviction includes guilty plea, no-low contenday, deferred judgment and sentences, attempts,

88
00:08:33,460 --> 00:08:35,820
solicitations, and conspiracies to commit.

89
00:08:36,460 --> 00:08:41,660
Fourth, the offender must have been either a stranger to the victim or have established

90
00:08:41,660 --> 00:08:46,560
or promoted a relationship with the victim for the purposes of sexual victimization.

91
00:08:47,120 --> 00:08:51,860
An SOMB-approved evaluator will conduct an evaluation at the time of sentencing

92
00:08:51,860 --> 00:08:59,960
and complete sexually violent predator assessment screening instrument in conjunction with a probation officer assigned to complete a

93
00:08:59,960 --> 00:09:07,880
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

94
00:09:07,880 --> 00:09:16,300
convictions, a recommendation will be made to the court that the offender be designated a sexually violent predator. It is ultimately at the

95
00:09:16,300 --> 00:09:21,160
discretion of the court or the parole board to make the designation or finding of SVP.

96
00:09:21,660 --> 00:09:26,760
So even though an offender can meet all of the required criteria and be scored as an SVP

97
00:09:26,760 --> 00:09:31,800
on the assessment, in rare cases the course of parole board will not make the finding.

98
00:09:32,400 --> 00:09:35,280
Therefore they will not be designated as an SVP.

99
00:09:35,840 --> 00:09:42,700
If SVP status or equivalent is designated by another state or jurisdiction, see the I investigates

100
00:09:42,700 --> 00:09:46,980
and determines if the individual's SDP status continues locally.

101
00:09:47,600 --> 00:09:52,880
All designated SDPs are subject to community notification, pursuant to Colorado law.

102
00:09:54,020 --> 00:09:58,480
I would like to talk to you about some commonly held myths about sex offenders.

103
00:09:59,400 --> 00:10:04,540
Many people think that sex assault is not prevalent, but estimates indicate that one in three

104
00:10:04,540 --> 00:10:08,280
girls and one in seven boys have been victims of sexual assault.

105
00:10:08,280 --> 00:10:15,320
Most people think that sex offenders are caught and sent to prison when the majority of sex offenders are never detected.

106
00:10:15,860 --> 00:10:21,180
In fact, only 16% of sexual assaults are ever reported to the authorities.

107
00:10:21,860 --> 00:10:28,160
Many people believe that sex crimes are impulsive, but research suggests most are carefully planned.

108
00:10:29,040 --> 00:10:34,780
Some people think you can tell who sex offenders are when in reality there is no typical sexual offender.

109
00:10:35,380 --> 00:10:36,960
They come from all walks of life.

110
00:10:36,960 --> 00:10:44,080
It is important to note, however, that most sex offenders are male, and sexual offending behavior has some common characteristics.

111
00:10:45,080 --> 00:10:48,500
For example, many offenders engage in crossover behavior.

112
00:10:49,140 --> 00:10:57,200
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.

113
00:10:57,200 --> 00:11:08,660
research in Colorado suggests that convicted rapists have often also molested children and convicted child molesters have often also sexually assaulted adult victims.

114
00:11:09,260 --> 00:11:16,060
This means that the crime and offender is convicted for is not necessarily their only indicator of risk.

115
00:11:16,820 --> 00:11:26,240
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.

116
00:11:26,240 --> 00:11:32,520
In addition, there is often a misconception that offenders are strangers to victims when

117
00:11:32,520 --> 00:11:38,220
statistics show that 93% of child victims know the perpetrator prior to the offense.

118
00:11:39,450 --> 00:11:44,620
I would like to talk to you about community supervision requirements for convicted sex offenders

119
00:11:44,620 --> 00:11:47,660
and Colorado within the sex offender management system.

120
00:11:48,320 --> 00:11:53,800
Colorado uses the containment model developed by Colorado after having observed similar models

121
00:11:53,800 --> 00:11:57,540
in other states, including Oregon in the mid-1990s.

122
00:11:58,060 --> 00:12:01,240
The model includes collaboration from the supervising officer,

123
00:12:01,740 --> 00:12:03,620
usually a parole or probation officer,

124
00:12:04,100 --> 00:12:05,720
the treatment provider who specializes

125
00:12:05,720 --> 00:12:08,880
in working with sex offenders and a polygraph examiner

126
00:12:08,880 --> 00:12:11,460
who administers specialized lie detector tests.

127
00:12:12,000 --> 00:12:14,340
The combination of comprehensive treatment

128
00:12:14,340 --> 00:12:17,840
and carefully structured and monitored behavioral supervision

129
00:12:18,090 --> 00:12:20,020
may assist some sex offenders

130
00:12:20,020 --> 00:12:23,160
to develop internal control over their behavior.

131
00:12:23,900 --> 00:12:25,740
Sex offenders under community supervision

132
00:12:25,740 --> 00:12:29,160
are required to comply with many criminal justice mandates

133
00:12:29,160 --> 00:12:32,520
and are governed by numerous restrictions and prohibitions.

134
00:12:33,080 --> 00:12:35,420
The special conditions of community supervision

135
00:12:35,820 --> 00:12:37,380
often include the following.

136
00:12:37,920 --> 00:12:40,940
Prohibited contact with minors under the age of 18.

137
00:12:41,360 --> 00:12:44,520
Prohibited use of any substances, including alcohol,

138
00:12:45,080 --> 00:12:46,740
implementation of a curfew.

139
00:12:46,740 --> 00:12:53,520
the use of global positioning systems or ankle monitors, participation in sex offender evaluation

140
00:12:53,520 --> 00:12:59,740
and treatment, undergoing polygraph examination and arousal assessment, restrictions regarding

141
00:12:59,740 --> 00:13:06,660
where the offender goes and lives, etc. Citizens can't assist by being involved in their

142
00:13:06,660 --> 00:13:12,680
communities and being aware of public safety issues. If a community member is aware of concerns

143
00:13:12,680 --> 00:13:15,620
regarding a sex offender under community supervision,

144
00:13:15,980 --> 00:13:18,960
he or she is encouraged to speak with the offender's

145
00:13:18,960 --> 00:13:23,360
supervising officer or can always contact law enforcement.

146
00:13:24,060 --> 00:13:27,300
It is important to also discuss victim dynamics

147
00:13:27,300 --> 00:13:31,200
and unfortunate misconceptions society often has related

148
00:13:31,200 --> 00:13:32,920
to the victims of sexual assault.

149
00:13:33,580 --> 00:13:36,660
Some people think that victims are in some way responsible

150
00:13:36,660 --> 00:13:38,300
for the abuse that they suffered.

151
00:13:39,040 --> 00:13:42,340
Victims are not to blame and in no way deserve any form

152
00:13:42,340 --> 00:13:44,420
of abuse, regardless of the situation.

153
00:13:45,060 --> 00:13:50,600
This misconception is often actually a coping response developed from the need for reassurance

154
00:13:50,600 --> 00:13:55,040
and control over preventing abuse from happening to us or our loved ones.

155
00:13:55,280 --> 00:13:59,920
We think that if we can identify something that the victim did that contributed to the abuse,

156
00:14:00,360 --> 00:14:05,520
we will be sure not to do that one thing, and we will be safe from sexual abuse.

157
00:14:05,980 --> 00:14:11,160
The fact is, however, that sex offenders typically have power and control issues and use manipulation

158
00:14:11,160 --> 00:14:13,800
and deception to commit sex offenses.

159
00:14:14,580 --> 00:14:20,700
Many people also believe that if victims are not significantly physically injured, they

160
00:14:20,700 --> 00:14:22,320
are not suffering from trauma.

161
00:14:22,920 --> 00:14:29,960
However, research shows that only 4% of reported rape victims ever incur serious physical injury.

162
00:14:30,740 --> 00:14:35,620
Victims of sexual assault can be impacted in a variety of different ways and to different

163
00:14:35,620 --> 00:14:36,120
degrees.

164
00:14:36,120 --> 00:14:42,120
There is not a typical or normal response, but victims who know the offender often experience

165
00:14:42,120 --> 00:14:46,040
more difficult recovery than those who do not know the offender.

166
00:14:46,580 --> 00:14:51,500
Research does suggest that victims of sexual assault are at a higher risk for a variety

167
00:14:51,500 --> 00:14:56,940
of different problems, including depression, suicide, involvement in the criminal justice

168
00:14:56,940 --> 00:14:59,980
system, unwanted pregnancy and substance abuse.

169
00:15:00,000 --> 00:15:29,980
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

170
00:15:29,980 --> 00:15:32,380
protect your community, by ensuring that the sex

171
00:15:32,380 --> 00:15:34,180
fenders not harassed or intimidated.

172
00:15:35,320 --> 00:15:38,700
You may not agree with this, and it may be difficult to hear.

173
00:15:39,340 --> 00:15:42,920
But research has consistently shown that sex fenders

174
00:15:42,920 --> 00:15:46,860
are at a higher risk to commit a new offense when they're unstable.

175
00:15:47,740 --> 00:15:51,500
And vice versa, they're at a lower risk to commit a new offense

176
00:15:51,500 --> 00:15:54,180
when they have stable housing, steady employment,

177
00:15:54,780 --> 00:15:57,440
and positive support from family and friends

178
00:15:57,440 --> 00:16:02,400
who are aware of their offenses and who can help with resources and services.

179
00:16:04,600 --> 00:16:10,380
Sex offenders who become victims of vigilanteism are more likely to go underground and not report

180
00:16:10,380 --> 00:16:11,780
their whereabouts to authorities.

181
00:16:13,040 --> 00:16:17,700
If we don't know where they are, we can't track them, supervise them, or treat them.

182
00:16:18,820 --> 00:16:23,900
Let's make our community safer by ensuring that the offenders we do know about are able

183
00:16:23,900 --> 00:16:26,320
to access support and be held accountable.

184
00:16:26,320 --> 00:16:30,040
I'd like to talk to you about community protection and issues.

185
00:16:30,800 --> 00:16:35,700
It's important to talk to your children about the SVP and other sex offenders.

186
00:16:36,760 --> 00:16:44,400
Some tips that may help are to avoid scary details, use language that's honest and age-appropriate.

187
00:16:45,400 --> 00:16:49,840
Teach your children not to make contact with the offender, but also not to harass them.

188
00:16:49,840 --> 00:16:58,820
and teach your children to always tell a safe adult if someone is being inappropriate with them or touching them inappropriately.

189
00:16:59,420 --> 00:17:04,660
It's important to pay attention to your children's behavior as well as their thoughts and feelings.

190
00:17:05,800 --> 00:17:10,460
To model appropriate behavior, use good judgment and choosing friends and partners,

191
00:17:11,000 --> 00:17:16,360
to not put them in risky situations and to teach them the danger of keeping secrets.

192
00:17:16,360 --> 00:17:22,660
words. You can roleplay different scenarios with them, teach them appropriate social behaviors,

193
00:17:23,440 --> 00:17:31,860
the correct names for body parts, and that adults are not always right. But remember that

194
00:17:31,860 --> 00:17:38,280
the biggest threat to our children still remains from those our child already knows, not

195
00:17:38,280 --> 00:17:40,980
the registered sex fender living the next block over.

196
00:17:42,280 --> 00:17:44,920
Thank you for taking the time to watch this video.

197
00:17:45,520 --> 00:17:50,460
Immediately after this educational portion, you'll see details about the subject of this

198
00:17:50,460 --> 00:17:51,040
notification.