Are there residency restrictions for sex offenders in Colorado?

A. Sexually violent predators, as defined in Section 18-3-414.5, C.R.S., present an extreme threat to the public safety and have a high rate for the repeat commission of sex offenses, making the risk of sex offender victimization to society extremely high.

B. Removing sexually violent predators from regular proximity to places where children are located and limiting the frequency of contact between such offenders and children is likely to reduce the risk of an offense.

C. This Chapter is intended to serve the Town’s compelling interest to promote, protect and improve the public health, safety and welfare by creating areas, around locations where children regularly congregate in concentrated numbers, where sexual predators are prohibited from establishing temporary or permanent residences.

(a) Sexually violent predators. It shall be unlawful for any person who has been adjudicated as a sexually violent predator to establish a permanent or temporary residence within one thousand (1,000) feet, measured in accordance with the city’s land development code, of any park, playground, school, ball field, licensed day care facility, recreation center, public swimming pool, or dedicated public recreation trail.

(b) Other sexual offenders. It shall be unlawful for the following persons to establish a permanent or temporary residence within one thousand (1,000) feet, measured in accordance with the city’s land development code, of any park, playground, school, ball field, or licensed child care centers, as that term is defined in the land development code:

(1) Any person who is required by state law to register as a sex offender who has been convicted of, or pleaded guilty or nolo contendre to, a felony offense requiring registration;

(2) Any person who is required by state law to register as a sex offender who has multiple convictions, whether by trial or by plea of guilty or nolo contendere, for offenses requiring registration; or

(3) Any person who is required by state law to register as a sex offender whose offenses requiring registration involved multiple victims.

(c) Exemptions. The following persons are exempt from prosecution under this section:

(1) Any person who established permanent residence prior to June 18, 2007;

(2) Any minor who resides with his or her parents or legal guardians;

(3) Any person placed in the residence pursuant to the state’s foster care program;

(4) Any person who established permanent residence prior to the construction of any park, playground, school, ball field, licensed day care facility, recreation center, public swimming pool, or dedicated public recreation trail located within one thousand (1,000) feet of his or her residence; or

(5) Any person who has attempted to register as a sex offender but has been granted only temporary registration because such person is prohibited from establishing residency pursuant to this section. This exemption shall expire ten (10) calendar days from the date of the attempted registration.

(6) Any person who has been granted an exception pursuant to paragraph (d) of this section.

(d) Exceptions. A sex offender who has not been adjudicated a sexually violent predator may seek an exception from the residency restrictions contained in this section by filing an exception request, on a form approved by the city, with the city clerk’s office. Once filed, an administrative hearing officer shall be assigned and shall hold a hearing on the request. At the hearing, the administrative hearing officer may review any pertinent information and may accept oral and written statements from any person with relevant testimony. The administrative hearing officer shall consider the public interest as well as the applicant’s stated concerns. In making a determination under this provision, the administrative hearing officer may consider any or all of the following factors, as applicable:

• Relationship of offender and victim.

• Existence and type of force used, if any.

• Existence and form of enticement used, if any.

• Date of incident.

• Length of incarceration.

• Offender’s history since incident.

• Employment status.

• Credibility of offender.

• Remorse of offender.

• Proximity of proposed residence to any park, playground, school, ball field, or licensed day care facility.

• Support network of offender.

• Counseling and treatment history of offender.

The administrative hearing officer may grant an unconditional exception, grant an exception for a certain address or time, or deny the exception. The administrative hearing officer shall issue a written decision to the applicant. If an exception is granted, a copy of the decision shall be provided to the police department for its information. All decisions of the administrative hearing officer are final, subject only to appeal pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(a) A sexual predator or specified sex offender is not guilty of a violation of Section 10-162 above if:

(1) The sexual predator or specified sex offender had established the permanent or temporary residence prior to the effective date of the ordinance codified herein; provided, however, that this exception shall not apply if the sexual predator or specified sex offender committed and was subsequently convicted of an offense, for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of the ordinance codified herein;

(2) The sexual predator or specified sex offender is placed in the residence pursuant to a State-licensed foster care program; or

(3) The school, park, playground, swimming pool or recreation center was opened after the sexual predator or specified sex offender established the permanent or temporary residence; provided, however, that this exception shall not apply if the sexual predator or specified sex offender committed and was subsequently convicted of an offense for which registration under the Colorado Sex Offender Registration Act is required, after the date on which the school, park, playground, swimming pool or recreation center was opened.

(b) A person who lets or rents any portion of any property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender with the knowledge that it will be used as a permanent or temporary residence in violation of this Article is not guilty of a violation of Section 10-162 above if:

(1) The person let or rented the property, room, place, structure, trailer or other vehicle to the sexual predator or specified sex offender prior to the effective date of the ordinance codified herein;

(2) The person lets or rents the property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender pursuant to a State-licensed foster care program; or

(3) The person let or rented the property, room, place, structure, trailer or other vehicle to the sexual predator or specified sex offender prior to the opening of any school, park, playground, swimming pool or recreation center.

A. The person established the permanent or temporary residence prior to the effective date of this chapter; provided, however, that this exception shall not apply if the person committed the offense, for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this chapter;

B. The person is placed in the residence pursuant to a State of Colorado foster care program; or

C. The school, designated public or private school bus stop, walk-to-school route, licensed day care center, park, playground, swimming pool, recreational trail or recreation center was opened after the person established the permanent or temporary residence, and is not replacing an existing school, designated public or private school bus stop, walk-to-school route, licensed day care center, park, playground, swimming pool, recreational trail or recreation center.²

A. The word loiter means to be dilatory, to stand idly around, to linger, delay or wander about or to remain, abide or tarry in a public place.

B. A person commits a class 1 petty offense if he or she or she, with intent to interfere with or disrupt a school program or with intent to interfere with or endanger schoolchildren, loiters in or about a school building or grounds or within one hundred (100) feet of school grounds when persons under the age of eighteen (18) are present, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his or her representative or by a peace officer.

C. In addition to the other provisions of this Subsection, a person who is a sex offender required to register as provided by Section 16-22-103, C.R.S., commits a violation of this Section if he or she loiters at or within seven hundred fifty (750) feet of any city recognized school, park, playground, recreational center, swimming pool or splash park without having any legitimate reason for being there.

D. It shall be an affirmative defense that the defendant’s acts were lawful and he or she was exercising his or her rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.

(a) Number of persons permitted. A group home with no more than eight (8) handicapped or disabled residents, as defined in Section 19-2-610, is an allowed use in the zone districts as indicated in Section 19-2-340. Additional necessary persons required for the care and supervision of the permitted number of handicapped or disabled persons are allowed. Group homes with more than eight (8) handicapped or disabled residents will require a conditional use permit, which shall be reviewed and processed as an application for a reasonable accommodation under the requirements and standards of the Fair Housing Amendments Act (FHAA), specifically, 42 U.S.C. 3604(f)(3)(B). A group home shall not include any person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., as amended, unless related by blood, marriage or adoption or in foster care.

(a) The word loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to remain, abide or tarry in a public place.

(b) A person commits an offense if he or she:

(1) Reserved;

(2) Loiters for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia;

(3) Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse;

(4) With intent to interfere with or disrupt a school program or with intent to interfere with or endanger schoolchildren, loiters in or about a school building or grounds or within 100 feet of school grounds when persons under the age of 18 are present, not having any reason or relationship involving custody of, or responsibility for, a pupil, or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his or her representative or by a law enforcement officer; or

(5) Loiters with one or more persons for the purpose of unlawfully using or possessing a controlled substance, as defined in Section 10-7-110 of this Chapter.

(c) In addition to the other provisions of this Section, a person who is a sex offender required to register as provided by Section 16-22-103, C.R.S., commits a violation of this Section if he or she loiters at or within 750 feet of any Town-recognized school, park, playground, recreational center, swimming pool or splash park without having any legitimate reason for being there.

(d) Except as provided in Subsection (c) above, it is an affirmative defense that the defendant’s acts were lawful and he or she was exercising his or her rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.

(a) A sexual predator or specified sex offender is not guilty of a violation of Section 10.40.030 above if:

(1) The sexual predator or specified sex offender had established the permanent or temporary residence prior to the effective date of this Chapter; provided, however, that this exception shall not apply if the sexual predator or specified sex offender committed and was convicted of offenses identified in Section 10.40.020 above and for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this Chapter;

(2) The sexual predator or specified sex offender is placed in the residence pursuant to a State-licensed foster care program; or

(3) The school, park, swimming pool or recreation center was opened after the sexual predator or specified sex offender established the permanent or temporary residence.

(b) A person who lets or rents any portion of any property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender with the knowledge that it will be used as a permanent or temporary residence in violation of this Chapter is not guilty of a violation of Section 10.40.030 above if:

(1) The person let or rented the property, room, place, structure, trailer or other vehicle to the sexual predator or specified sex offender prior to the effective date of this Chapter;

(2) The person lets or rents the property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender pursuant to a state-licensed foster care program; or

(3) The person let or rented the property, room, place, structure, trailer or other vehicle to the sexual predator or specified sex offender prior to the opening of any school, park, swimming pool or recreation center.

(a) Findings and intent.

(1) The City Council hereby finds that repeat sex offenders, sex offenders who use physical violence and sex offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sex offenders have a high rate of recidivism, making the cost of sex offender victimization to society at large extremely high. Removing such offenders from regular proximity to places where children are located and limiting the frequency of contact between sex offenders and children is likely to reduce the risk of an offense.

(2) This Section is intended to serve the City’s compelling interest to promote, protect and improve the public health, safety and welfare by creating areas around locations where children regularly congregate in concentrated numbers where certain sex offenders and sexual predators are prohibited from establishing temporary or permanent residence.

(b) Definitions. For purposes of this Section, the following terms shall have the following meanings:

Permanent residence means a place where a person abides, lodges or resides for fourteen (14) or more consecutive days.

Temporary residence means a place where a person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person’s permanent residence, or a place where a person routinely abides, lodges or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.

Walk-to-school route means a route officially designated by the City for use by children walking to or from a public or private school, and shown on maps maintained by the City’s Police Department and available for public inspection.

(c) Prohibitions.

(1) It is unlawful for any person who is required to register under the Colorado Sex Offender Registration Act, Section 16-22-101, et seq., C.R.S., to establish a permanent residence or temporary residence within one thousand (1,000) feet of any park, playground or school, or within five hundred (500) feet of any day care center, recreation center or swimming pool (other than pools located at private, single-family residences), or at properties located adjacent to any designated public or private school bus stop, walk-to-school route or recreational trail.

(2) It is unlawful to let or rent any portion of any place, structure, trailer or other conveyance with the knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this Section.

(d) Exceptions. A person is not guilty of a violation of this Section if:

(1) The person established the permanent or temporary residence prior to the effective date of the ordinance codified herein; provided, however, that this exception shall not apply if the individual committed the offense for which registration under the Colorado Sex Offender Registration Act is required after the effective date of the initial ordinance codified herein;

(2) The person is placed in the residence pursuant to a State of Colorado foster care program; or

(3) The school, designated public or private school bus stop, walk-to-school route, day care center, park, playground, swimming pool, recreational trail or recreation center was opened after the person established the permanent or temporary residence, and is not replacing an existing school, designated public or private school bus stop, walk-to-school route, day care center, park, playground, swimming pool, recreational trail or recreation center.

(e) Measurement. For purposes of determining the minimum distance separation required herein, the measurement shall be made by following a straight line from the outer property line of the property on which the permanent or temporary residence is located to the nearest outer property line of the property on which the school, park, day care center, playground or recreation center is located.

(a) A sexual predator or specified sex offender is not guilty of a violation of Section 10-273 above if:

(1) The sexual predator or specified sex offender had established the permanent or temporary residence prior to the effective date of this Article; provided, however, that this exception shall not apply if the sexual predator or specified sex offender was convicted of offenses identified in Section 10-272 above, for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this Article;

(2) The sexual predator or specified sex offender is placed in the residence pursuant to a State-licensed foster care program; or

(3) The school, park, licensed day care center, recreation center or swimming pool was opened, or the school bus stop was designated, after the sexual predator or specified sex offender established such person’s permanent or temporary residence.

(b) A person who lets or rents any portion of any property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender with the knowledge that it will be used as a permanent or temporary residence in violation of this Article is not guilty of a violation of Section 10-273 above if:

(1) The person let or rented the property, room, place, structure, trailer or other vehicle to the sexual predator or specified sex offender prior to the effective date of this Article;

(2) The person lets or rents the property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender pursuant to a State-licensed foster care program; or

(3) The person let or rented the property, room, place, structure, trailer or other vehicle to the sexual predator or specified sex offender prior to the opening of a school, park, licensed day care center, recreation center or swimming pool, or prior to the designation of a school bus stop.

A person is not guilty of a violation of this Article if:

(a) The person established the permanent or temporary residence prior to the effective date of this Article ; provided, however, that this exception shall not apply if the person committed the offense for which registration under the Colorado Sex Offender Registration Act is required after the effective date of this Article;

(b) The person is placed in the residence pursuant to a State of Colorado foster care program; or

(c) The park or school was opened after the person established the permanent or temporary residence, and the park or school is not replacing an existing park or school.

(a) Except as provided in section 26-14-11(b), it is unlawful for any sex offender to reside in a dwelling unit or a halfway house with any other sex offender unless such individuals are related as parent and child, as siblings, or by marriage.

(b) A dwelling unit or halfway house may be used as a residence for not more than three (3) sex offenders between the ages of ten (10) and eighteen (18) years, if such dwelling unit or halfway house is supervised by at least one (1) individual who:

(1) Holds all requisite licenses and permits pursuant to Article 6 of Title 26 of the Colorado Revised Statutes, as amended, to operate a foster care home; and

(2) Holds a Master of Social Work degree or a Master’s degree in behavioral science with an emphasis in child development and/or family relations and a minimum of two (2) years paid full time or equivalent part-time experience in social work.

(c) If, on November 15, 2000, any dwelling unit or halfway house within the city limits is in use in such a manner as to cause a violation of subsection (a) of this section 26-14-11, such use must be discontinued within twelve (12) months of said date.

(a) Number of Persons Permitted. A group home with no more than eight (8) handicapped or disabled residents, as defined in Section 19-7-520, is an allowed use in the zone districts as indicated in Section 19-2-230. Additional necessary persons required for the care and supervision of the permitted number of handicapped or disabled persons are allowed. Group homes with more than eight (8) handicapped or disabled residents will require a special use permit, which shall be reviewed and processed as an application for a reasonable accommodation under the requirements and standards of the Fair Housing Amendments Act (FHAA), specifically, 42 U.S.C. 3604(f)(3)(B). A group home shall not include any person required to register as a sex offender pursuant to C.R.S. Section 18-3-412.5, as amended, unless related by blood, marriage or adoption or in foster care.

Family means a single individual doing his or her own cooking and living upon the premises as a separate, independent, housekeeping unit; or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth or marriage; or a group of not more than two unrelated persons doing their own cooking and living together upon the premises as a single housekeeping unit, except that no more than one of such persons may be an individual who has been adjudged by a court of law as a sex offender and who is required to register as such within the community of his residence in accordance with the provisions of the C.R.S. § 18-3-412.5, as amended. Single persons of 18 years of age or older not living with parents or a legal guardian are considered to be unrelated to each other.

A sexual predator or specified sex offender is not guilty of a violation of the above Section if:

(1) The sexual predator or specified sex offender had established the permanent or temporary residence prior to the effective date of this Article; provided, however, that this exception shall not apply if the sexual predator or specified sex offender committed, and was subsequently convicted of, an offense for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this Article;

(2) The sexual predator or specified sex offender is placed in the residence pursuant to a state-licensed foster care program; or

(3) The school, park, playground, swimming pool, recreation center, day care center, designated public or private school bus stop or recreational trail was established at that location after the sexual predator or specified sex offender established the permanent or temporary residence; provided, however, that this exception shall not apply if the sexual predator or specified sex offender committed, and was subsequently convicted of, an offense for which registration under the Colorado Sex Offender Registration Act is required, after the date on which the school, park, playground, swimming pool, recreation center, day care center, designated public or private school bus stop or recreational trail was established at that location.

A person is not guilty of a violation of this Article if:

(1) The person established the permanent or temporary residence prior to the effective date of the ordinance codified in this Article; provided, however, that this exception shall not apply if the individual committed the offense for which registration under the Colorado Sex Offender Registration Act is required after the effective date of the ordinance codified in this Article;

(2) The person is under the age of eighteen (18) and resides with his or her parents, step-parents or guardians;

(3) The person is placed in the residence pursuant to a State of Colorado foster care program;

(4) The parks, playgrounds, schools, school bus stops, designated walk-to-school routes, ball fields, licensed day care centers, recreation centers, public swimming pools or public recreations trails were opened after the person established the permanent or temporary residence and is not replacing a parks, playgrounds, schools, school bus stops, walk-to-school routes, ball fields, licensed day care centers, recreation centers, public swimming pools or public recreation trails at the same location; or

(5) The person has attempted to register as a Colorado sex offender but has been granted only a temporary registration because such person is prohibited from establishing a permanent or temporary residence within the area defined in Section 10-14-30 above; provided that this exception shall expire in ten (10) calendar days after the attempted registration. During the said ten (10) calendar days, such person must obtain a permanent or temporary residence as authorized pursuant to this Article and register under the Colorado Sec Offender Registration Act, Section 16-22-101, et seq., C.R.S., if such person is to reside in the Town.

(e) A group home, as defined in Section 18-901, shall not include more than one adult who is required to register as a sex offender under the provisions of the Colorado Revised Statutes, as amended.

(A) A sexual predator is not guilty of a violation of this chapter if:

(1) The sexual predator had established the permanent or temporary residence prior to the effective date of this chapter; provided, however, that this exception shall not apply if the sexual predator committed and was subsequently convicted of an offense, for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this chapter;

(2) The sexual predator is placed in the residence pursuant to a state-licensed foster care program; or

(3) The school, park, swimming pool, state-licensed child care center, recreation center or trail was opened after the sexual predator established the permanent or temporary residence.

(B) A person who lets or rents any portion of any property, room, place, structure, trailer or other living space to a sexual predator with the knowledge that it will be used as a permanent or temporary residence in violation of this chapter is not guilty of a violation of this chapter if:

(1) The person let or rented the property, room, place, structure, trailer or other living space to the sexual predator prior to the effective date of this chapter;

(2) The person lets or rents the property, room, place, structure, trailer or other living space to a sexual predator pursuant to a state-licensed foster care program; or

(3) The person let or rented the property, room, place, structure, trailer or other living space to the sexual predator prior to the opening of any school, park, swimming pool, state-licensed child care center, recreation center or trail.