How to Get Removed from the Sex
Offender Registry in Colorado?
Being on the sex offender registry can have a significant impact on your life, affecting your personal relationships, employment opportunities, and housing options. But there is hope. In Colorado, it's possible to petition for removal from the registry under certain conditions. The Law Offices of Decker & Jones will guide you through the process and we have included answers to some frequently asked questions about deregistering from Colorado’s sex offender list.
What are the steps to get removed
from the sex offender registry?
The first step is to determine your eligibility. Colorado law specifies different timelines for removal based on the severity of the offense:
- Class 1, 2, or 3 Felonies: 20 years
- Class 4, 5, or 6 Felonies, or Class 1 Misdemeanor Unlawful Sexual Contact, or Assault in the Third Degree: 10 years
- Any other Misdemeanor: 5 years
Deferred Judgment or Sentence: Immediately eligible after completion of sentence.
Note: Even if you meet the minimum time requirement, removal is not automatic. You must file a petition with the court and attend a hearing.
How can a lawyer help me with my petition for removal?
Navigating the legal complexities of the deregistration process can be challenging. An experienced attorney can significantly increase your chances of success by:
- Understanding the Statute: The law regarding deregistration (CRS 16-22-113) can be complex. An attorney can help you understand the requirements and ensure you meet all the criteria.
- Presenting Your Case: An attorney can effectively present your case to the court, highlighting the positive steps you've taken to rehabilitate yourself.
- Addressing Victim Impact: If there is a victim involved, an attorney can help manage their input and present your case in a way that respects their perspective while advocating for your removal.
- Negotiating with the DA: An attorney can negotiate with the District Attorney's office to potentially reach an agreement that supports your petition.
What factors does the court consider when deciding whether to grant removal from the registry?
While the statute outlines some basic requirements, courts consider various factors when deciding on a deregistration petition. These include:
- Completion of Sex Offender Treatment: This is a crucial factor demonstrating your commitment to rehabilitation.
- Stable Housing and Employment: A steady job and residence show stability and reduce the perceived risk of re-offending.
- Lack of Criminal History: A clean record since the offense is essential.
- Victim Input: The victim's opinion, though not the sole deciding factor, is taken into consideration.
- Age of the Victim: If the offense involved a minor, the court will consider their age at the time.
- Number of Victims: The number of victims involved in the offense can influence the court's decision.
What are some common misconceptions about sex offender deregistration?
Even if you haven't met the time requirements, there are steps you can take to strengthen your case for future removal:
- Be a Model Citizen: Stay out of trouble and avoid any further legal issues.
- Complete Sex Offender Treatment: Even if not mandated, completing treatment shows initiative and commitment to rehabilitation.
- Maintain Stable Housing and Employment: Demonstrate stability in your living situation and work life.
Build a Support Network: Surround yourself with positive influences and a strong support system.
What can I do to improve my chances of getting off the registry even if I'm not eligible yet?
Why is it important to hire an experienced attorney for deregistration in Colorado?
The Devastating Impact of Sex Offender
Registries & Why Removal Matters
The Far-Reaching Consequences of Sex Offender Registries
Being listed on a sex offender registry can have a devastating and long-lasting impact on every aspect of an individual's life. The experts at Decker & Jones Law know that the consequences extend far beyond legal obligations, affecting personal, professional, and social spheres. Understanding these impacts underscores the vital importance of seeking removal from the registry when eligible.
Employment and Business Challenges
- Difficulty Finding Jobs: It is significantly harder for individuals on the registry to secure employment. Many employers conduct background checks, and a registry listing can be an immediate disqualifier, regardless of the specific offense or time elapsed.
- Business Losses: Business owners on the registry may experience a severe decline in clients and revenue. As discussed in the transcript, one client lost millions of dollars in business after clients discovered his registry status. The stigma can lead to clients severing ties, even if deals were previously in progress.
- Stigma and Reputation: The mere presence on the registry can damage one's reputation, making it difficult to build trust and maintain professional relationships.
Personal and Social Impacts
- Relationship Strain: Registry status can strain and even destroy personal relationships. Partners, friends, and family members may struggle with the stigma, leading to isolation and emotional distress.
- Housing Difficulties: Finding suitable housing can be a significant challenge. Some landlords refuse to rent to individuals on the registry, and residency restrictions may further limit options.
- Social Stigma and Rumors: Individuals on the registry often face social ostracism. Neighbors may treat them differently, and rumors can spread, even if they are based on misinformation or lack of context.
Divorce and Custody Battles: Registry status can severely impact divorce and custody proceedings. False accusations and dishonest testimony may arise, further complicating the situation and jeopardizing parental rights. Children can be influenced to make false accusations in a divorce which are given false credibility if the accused is on the registry.
The Relief of Registry Removal
- A New Beginning: Removing one's name from the sex offender registry can provide immense relief and a sense of a fresh start. Many of our clients who successfully get off the registry feel like they can move on and begin a new chapter in their lives.
- Restoring Life Aspects: Removal allows individuals to rebuild their lives, repair relationships, pursue career opportunities, and find stable housing. It alleviates the constant fear of judgment and discrimination.
Moving On: Getting off the registry allows individuals to move on from the past and reintegrate into society without the heavy burden of stigma and restrictions.
Why Removal Is Crucial
The effects of being on the sex offender registry are pervasive, impacting almost every aspect of your life. From financial stability to personal relationships, the consequences are significant and long-lasting. Seeking legal assistance to pursue removal from the registry is not just about legal compliance; it's about reclaiming your life and future.
Expert Sex Offender Registry Removal:
George Bailey's Proven Success at Decker & Jones Law
A Decade of Excellence in Sex Offender Registry Removal
Unmatched Experience and Success Rate
George Bailey's dedication to helping individuals get off the sex offender registry is evident in his impressive record.
- 10 Years of Specialized Practice: Mr. Bailey has over 10 years of experience specifically handling sex offender registry removal cases. This extensive tenure means he has encountered a wide range of situations and knows how to navigate the complexities of the legal system.
- Perfect Success Rate: What truly sets George Bailey apart is his perfect success rate. He has never lost a petition for removal from the sex offender registry, ensuring that his clients have the utmost confidence in his abilities. While some cases are more challenging than others, Mr. Bailey makes sure that every client takes all the necessary steps to achieve a favorable outcome.
- High Volume of Cases: In the past three years alone, George Bailey has handled over 30 sex offender registry removal cases. He has worked on nearly 100 cases throughout his career. This high volume of experience translates to a deep understanding of the legal processes and a keen ability to anticipate potential challenges.
- Confidence and Expertise: Mr. Bailey's extensive experience gives his clients a high level of confidence in his thorough preparation and strategic approach to each case.
If you are seeking to remove your name from the sex offender registry, George Bailey with Decker & Jones Law offers the experience, expertise, and proven success you need. His nearly 10 years of specialized practice and perfect success rate make him a trusted advocate for individuals seeking to rebuild their lives. Contact Mr. Bailey today and start the navigating this critical legal process.
Free Legal Consultation Call 303-573-5253
Sex Offender Registry Removal:
George Bailey's Strategic Approach to Courts and Victims
George Bailey expertly balances acceptance of responsibility with advocating for registry removal. Removing an individual from the sex offender registry is a complex legal process and Mr. Bailey excels at navigating this intricate landscape. His approach focuses on acknowledging past actions while strategically advocating for a client's right to move forward.
Walking the Tightrope: Acceptance and Advocacy
Removing someone from the registry is akin to "walking a tightrope." It requires simultaneously:
- Accepting Responsibility: Clients must demonstrate genuine remorse and accountability for their past actions. Judges highly value this acknowledgment.
- Arguing for Removal: The attorney must persuasively argue that the individual has served their time, met all obligations, and deserves to be removed from the registry.
This balance is crucial. Simply arguing for removal without acknowledging past wrongdoing can be detrimental to the case. George Bailey understands this and skillfully guides his clients through this process.
Strategic Interaction with Courts
George Bailey's experience allows him to effectively present cases to the court. He knows:
- What Judges Value: Judges prioritize individuals who take responsibility. Mr. Bailey ensures his clients understand this and convey genuine remorse.
- How to Phrase Arguments: He understands how to present arguments in a way that resonates with the court. He emphasizes that justice is not solely about fulfilling a victim's wishes but also about following the law and recognizing when someone has completed their obligations.
The Importance of an Attorney's Voice: He highlights that certain arguments are more effective when presented by an attorney rather than the individual themselves. An attorney can advocate for the client's right to move on while the client focuses on demonstrating accountability.
Why Legal Representation Is Essential
-
Attempting to navigate this process alone can be extremely difficult and potentially damaging. Here's why:
- Avoiding Pitfalls: Individuals may inadvertently say things that undermine their case, especially when dealing with victims or facing tough questions from the court.
- Strategic Presentation: An experienced attorney knows how to present information in the most compelling and effective way.
- Emotional Detachment: An attorney can remain emotionally detached, allowing them to make strategic decisions and present arguments objectively, which can be difficult for the individual involved.
George Bailey's success in sex offender registry removal cases stems from his ability to navigate the delicate balance between accepting responsibility and advocating for his clients' rights. His strategic approach to dealing with courts and victims, combined with his extensive experience, makes him a trusted advocate for those seeking to rebuild their lives.
The Vital Role of Sex Offender Treatment in Registry Removal:
Expert Insights
Sex Offender Treatment: A Cornerstone of Registry Removal
When it comes to removing your name from the sex offender registry, demonstrating rehabilitation is paramount. Completing sex offender treatment plays a pivotal role in this process. Treatment can take 1-2 years, but if time is of the essence, Mr. Bailey suggests alternative assessments to maximize your chances of success.
What Happens If Treatment Is Missed?
Sometimes, individuals slip through the cracks and complete probation without finishing treatment. Even if the court or probation overlooked it, this can significantly hinder registry removal.
- Court Holds It Against You: Even if there was a valid reason for not completing treatment, the court will likely view it negatively.
- Denied Petitions: Petitions for removal can be denied solely because treatment was not completed.
Increased Scrutiny: Missing treatment raises red flags and makes the court question whether the individual has truly reformed.
Why Sex Offender Treatment Matters
Courts prioritize public safety when considering registry removal. One of the primary ways to show you are no longer a threat is by completing sex offender treatment. Here’s why it’s crucial:
- Demonstrates Rehabilitation: Successful completion of treatment signifies that you have addressed the issues that led to the offense and have taken steps to prevent future incidents.
- Proves Lack of Threat: Treatment providers often assess whether an individual remains a threat to the community. A positive assessment is a strong indicator for the court.
Fulfills Court Requirements: In many cases, sex offender treatment is a condition of probation. Completing it fulfills legal obligations and shows compliance.
Alternative Assessments: A Viable Option
If you’re eligible for registry removal but haven’t completed treatment, there are alternative approaches. George Bailey recommends professional assessments:
- Independent Assessments: Hiring a qualified doctor to conduct a sex offender assessment can provide an independent evaluation of your risk level.
- Medical Opinion: These assessments result in a medical opinion on whether you are still a threat to the community.
- Faster Than Treatment: Assessments are significantly faster and less time-consuming than completing the full treatment program, which can take one to two years.
Cost Consideration: These assessments can be costly, but they are often a worthwhile investment to expedite the removal process.
Sex Offender Registry Scams:
How Convicted Individuals Are Targeted by Scammers
Being on a sex offender registry makes individuals vulnerable to various forms of exploitation, including targeted scams. Individuals listed on these registries are often targeted by scammers who exploit the public nature of this information.
How the Scam Works
Scammers frequently contact individuals on the sex offender registry via phone, posing as officials or law enforcement. These deceptive calls often involve false claims, such as:
- Failure to Register: Scammers assert that the individual failed to register or update their registration information.
- Missed Court Dates: They claim the individual missed a court date related to their registration obligations.
Financial Penalties: Scammers demand immediate payment, often in the thousands of dollars (e.g., $5,000), to avoid false legal action or penalties.
Why Sex Offenders Are Targeted
-
Several factors make individuals on the sex offender registry prime targets for scammers:
- Public Record: The sex offender registry is often a public record, allowing scammers to easily access personal information and contact details.
- Vulnerability: Individuals on the registry may feel vulnerable and fear further legal repercussions, making them more susceptible to these scams.
Protecting Yourself from Sex Offender Registry Scams
It's crucial to be aware of these scams and take steps to protect yourself:
- Verify Information: Always verify any information received over the phone with official sources. Contact your probation officer or local law enforcement directly.
- Never Provide Payment: Legitimate officials will not demand immediate payment over the phone. Never provide personal financial information or send money to unknown callers.
- Report Suspicious Calls: Report any suspicious calls or scam attempts to the authorities immediately.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. It is essential to consult with an experienced attorney to discuss your specific situation and legal options.
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REGARDING DEREGISTRATION
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§ 16-22-113. Petition for removal from sex offender registry--mandatory hearing for discontinuation and removal
(1) Except as required in subsection (3) of this section, any person required to register pursuant to section 16-22-103 or whose information is required to be posted on the internet pursuant to section 16-22-111 may file a petition with the court that issued the order of judgment for the conviction that requires the person to register for an order to discontinue the requirement for such registration or internet posting, or both, as follows:
(a) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 1, 2, or 3 felony, after a period of twenty years from the date of such person's discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(a.5) Except as otherwise provided in subsections (1)(d), (1)(e), and (1)(f) of this section, if the offense that required the person to register constituted human trafficking for sexual servitude pursuant to section 18-3-504(1)(a), upon completion of the person's sentence and his or her discharge from the department of corrections, if he or she was sentenced to incarceration, or discharge from the department of human services, if he or she was committed to such department, or final release from the jurisdiction of the court for the offense, if the person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior, the person may file a petition with the court pursuant to subsection (2) of this section. Notwithstanding any other information obtained by the court during the hearing of the petition, a court shall not issue an order discontinuing the petitioner's duty to register unless the petitioner has at least established by a preponderance of the evidence that at the time he or she committed the offense of human trafficking for sexual servitude, he or she had been trafficked by another person, as described in section 18-3-503 or 18-3-504, for the purpose of committing the offense. Failure to make the required showing pursuant to this subsection (1)(a.5) requires the person to comply with the provisions of subsection (1)(a) of this section for any subsequent petition to discontinue the person's duty to register.
(b) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 4, 5, or 6 felony or the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of ten years from the date of such person's discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(c) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a misdemeanor other than the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of five years from the date of such person's final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(d) If the person was required to register due to being placed on a deferred judgment and sentence or a deferred adjudication for an offense involving unlawful sexual behavior, after the successful completion of the deferred judgment and sentence or deferred adjudication and dismissal of the case, if the person prior to such time has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (a) of subsection (1.3) of this section;
(e) Except as otherwise required by subsection (1.3)(b)(II) of this section, if the person was younger than eighteen years of age at the time of commission of the offense, after the successful completion of and discharge from a juvenile sentence or disposition, and if the person prior to such time has not been subsequently convicted as an adult of unlawful sexual behavior, or for any other offense, the underlying factual basis of which involved unlawful sexual behavior, or does not have a pending prosecution for unlawful sexual behavior as an adult or for any other offense, the underlying factual basis of which involved unlawful sexual behavior, and the court did not issue an order to either continue or discontinue the duty to register pursuant to subsection (1.3)(b) of this section. A person petitioning pursuant to this subsection (1)(e) may also petition for an order to remove the person's name from the sex offender registry. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior. The court shall base its determination on the following, if available: Recommendations from the person's probation or community parole officer; the person's treatment provider; the prosecuting attorney for the jurisdiction in which the person was tried; and on the recommendations included in the person's presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding any other requirements of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section 19-2.5-104, if any.
(f) If the information about the person was required to be posted on the internet pursuant to section 16-22-111(1)(d) only for failure to register, if the person has fully complied with all registration requirements for a period of not less than one year and if the person, prior to such time, has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior; except that the provisions of this paragraph (f) shall apply only to a petition to discontinue the requirement for internet posting.
(g) If a person's duty to register pursuant to this article 22 due to an adjudication or disposition as a juvenile has automatically terminated pursuant to section 16-22-103 (4), and the person's name has not already been removed from the sex offender registry by local law enforcement or the CBI, the person may petition for an order to remove the person's name from the sex offender registry. If the person has reached twenty-five years of age or seven years have passed from the date the person was required to register, whichever occurs later, and the person has not subsequently been convicted as an adult of unlawful sexual behavior, or for any other offense, the underlying factual basis of which involved unlawful sexual behavior, or does not have a pending prosecution for unlawful sexual behavior as an adult or for any other offense, the underlying factual basis of which involved unlawful sexual behavior, the court shall issue an order to remove the person's name from the sex offender registry.
(1.3)(a) If a person is eligible to petition to discontinue his or her duty to register pursuant to paragraph (d) of subsection (1) of this section, the court, at least sixty-three days before dismissing the case, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the person, and the victim of the offense for which the person was required to register, if the victim has requested notice and has provided current contact information, that the court will consider whether to order that the person may discontinue his or her duty to register when the court dismisses the case as a result of the person's successful completion of the deferred judgment and sentence or deferred adjudication. The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense objects or if the person requests a hearing. If the court enters an order discontinuing the person's duty to register, the person shall send a copy of the order to each local law enforcement agency with which the person is registered and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the person's duty to register.
(b)(I) If a person adjudicated or who received a disposition as a juvenile is required to register pursuant to section 16-22-103, the court, within fourteen days of the end of the juvenile's sentence, shall notify each of the parties described in subsection (2)(a) of this section, the juvenile, and the victim of the offense for which the juvenile was required to register, if the victim has requested notice and has provided current contact information, that the court shall consider whether to order that the juvenile may discontinue the juvenile's duty to register when the court discharges the juvenile's sentence. The court shall set the matter for hearing if any district attorney or a victim of the offense objects, or if the juvenile requests a hearing. If an objection is not filed within sixty-three days after receipt of the notice, the court shall, on the sixty-fourth day or the next day the court is in session if the sixty-fourth day falls on a Saturday, Sunday, or court holiday, either issue an order, after determination that the juvenile is eligible to discontinue registration pursuant to subsection (1)(e) of this section and a review of the relevant criteria that discontinues the juvenile's duty to register, or set the matter for a hearing to determine if the juvenile's duty to register continues. At any hearing, the court shall determine whether the juvenile is eligible to discontinue registration pursuant to subsection (1)(e) of this section and, if eligible, consider the criteria in subsection (1)(e) of this section in determining whether to continue or discontinue the duty to register. If the court enters an order to discontinue the juvenile's duty to register, the court shall send a copy of the order to each local law enforcement agency with which the juvenile is registered, the juvenile parole board, and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the juvenile's duty to register.
(II) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services may petition the court to set a hearing pursuant to paragraph (e) of subsection (1) of this section at least sixty-three days before the juvenile is scheduled to appear before the juvenile parole board.
(III) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services, prior to setting the matter for hearing, shall modify the juvenile's parole plan or parole hearing to acknowledge the court order or petition unless it is already incorporated in the parole plan.
(1.5) If the conviction that requires a person to register pursuant to the provisions of section 16-22-103 was not obtained from a Colorado court, the person seeking to discontinue registration or internet posting or both may file a civil case with the district court of the judicial district in which the person resides and seek a civil order to discontinue the requirement to register or internet posting or both under the circumstances specified in subsection (1) of this section.
(2)(a) A registrant who is eligible to petition to discontinue registration pursuant to the provisions of subsection (1) of this section must file a petition with the court of proper jurisdiction and shall provide a copy of the petition by certified mail to each of the following parties:
(I) Each law enforcement agency with which the registrant is required to register;
(II) The district attorney for the jurisdiction in which the petition to discontinue registration has been filed; and
(III) The prosecuting attorney who obtained the conviction of the registrant.
(b) Within twenty-one days after filing the petition, the petitioner shall file with the court copies of the return receipts received from each party notified and any documents supporting his or her eligibility to petition to discontinue registration. The supporting documents must include records documenting the completion of treatment if ordered by the court, when such records are available.
(c) Upon receipt of the petition, the court shall set a date for a hearing and shall notify the petitioner and the district attorney for that jurisdiction of the hearing date. The court shall also notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and provided contact information.
(d) If the district attorney or the victim objects to the registrant's petition, the district attorney shall file the objection with the court within sixty-three days after receiving the notice of the petition.
(e) If no objection is filed by the district attorney or made by the victim, the court may consider the petition without a hearing and shall grant the petition if the court finds that the petitioner has completed the sentence for which he or she was required to register; the petitioner has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying basis of which involved unlawful sexual behavior; the waiting time period described in subsection (1) of this section has expired; and the petitioner is not likely to commit a subsequent offense of or involving unlawful sexual behavior. In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2)(b) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.
(f) If there is objection to the petition by the district attorney or victim, the court shall conduct a hearing on the petition. The court may grant the petition if the court finds the petitioner has completed the sentence for which he or she was required to register; the petitioner has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying basis of which involved unlawful sexual behavior; the waiting time period described in subsection (1) of this section has expired; and the petitioner is not likely to commit a subsequent offense of or involving unlawful sexual behavior. In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2)(b) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.
(g) If the court enters an order discontinuing registration, the petitioner shall provide a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. The court shall also notify the victim, if the victim of the offense has requested notice and provided current contact information.
(h) On receipt of a copy of an order discontinuing a petitioner's duty to register:
(I) The CBI shall remove the petitioner's sex offender registration information from the state sex offender registry; and
(II) The local law enforcement agency shall remove the petitioner's sex offender registration information from the local sex offender registry.
(2.5)(a) Notwithstanding any provision of this section to the contrary, a registrant or his or her legal representative may file a petition to discontinue registration if the registrant suffers from a severe physical or intellectual disability to the extent that he or she is permanently incapacitated and does not present an unreasonable risk to public safety.
(b) The registrant or his or her legal representative must file a petition with the court of proper jurisdiction and shall provide a copy of the petition by certified mail to each of the following parties:
(I) Each law enforcement agency with which the registrant is required to register;
(II) The district attorney for the jurisdiction in which the petition to discontinue registration has been filed; and
(III) The prosecuting attorney who obtained the conviction of the registrant.
(c) Within twenty-one days after filing the petition, the petitioner shall file with the court copies of the return receipts received from each party notified and any documents supporting his or her eligibility to petition to discontinue registration. The supporting documents must include records documenting the completion of treatment if ordered by the court, when such records are available.
(d) Upon receipt of the petition, the court shall set a date for a hearing and shall notify the petitioner and the district attorney for that jurisdiction of the hearing date. The court shall also notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and provided contact information.
(e) If the district attorney or the victim objects to the registrant's petition, the district attorney shall file the objection with the court within sixty-three days of receiving the notice of the petition.
(f) If no objection is filed by the district attorney or made by the victim, the court may consider the petition without a hearing and shall grant the petition if the court finds the petitioner suffers from a severe physical or intellectual disability to the extent that the petitioner is permanently incapacitated, does not present an unreasonable risk to public safety, and is not likely to commit a subsequent offense of or involving unlawful sexual behavior. In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2.5)(c) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.
(g) If there is objection to the petition by the district attorney or victim, the court shall conduct a hearing on the petition. The court may grant the petition if the court finds the petitioner suffers from a severe physical or intellectual disability to the extent that the petitioner is permanently incapacitated, does not present an unreasonable risk to public safety, and is not likely to commit a subsequent offense of or involving unlawful sexual behavior. In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2.5)(c) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.
(h) If the court enters an order discontinuing registration, the petitioner shall provide a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. The court shall also notify the victim, if the victim of the offense has requested notice and provided contact information.
(i) On receipt of a copy of an order discontinuing a petitioner's duty to register:
(I) The CBI shall remove the petitioner's sex offender registration information from the state sex offender registry; and
(II) The local law enforcement agency shall remove the petitioner's sex offender registration information from the local sex offender registry.
(3) The following persons are not eligible for relief pursuant to this section, but are subject for the remainder of their natural lives to the registration requirements specified in this article 22 or to the comparable requirements of any other jurisdictions in which they may reside:
(a) Any person who is a sexually violent predator;
(b) Any person who is convicted as an adult of:
(I) Sexual assault, in violation of section 18-3-402; or sexual assault in the first degree, in violation of section 18-3-402, as it existed prior to July 1, 2000; or sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000; or
(II) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; or
(III) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; or
(IV) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; or
(V) Incest, in violation of section 18-6-301, C.R.S.; or
(VI) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(c) Any adult who has more than one conviction as an adult for unlawful sexual behavior or any other offense, the underlying factual basis of which is unlawful sexual behavior pursuant to section 16-22-103(2), in this state or any other jurisdiction, except as provided in section 18-6-403(5.7), or has a conviction as an adult and one or more adjudications as a juvenile for unlawful sexual behavior or for any other offense, the underlying factual basis of which is unlawful sexual behavior pursuant to section 16-22-103(2), in this state or any other jurisdiction.