Probation instead of prison for certain Colorado sex offenders
Colorado courts have the discretion to sentence certain sex offenders to probation and instead of prison. If you are sentenced to probation for a Colorado sex crime, you will required to participate in Colorado's Sex Offender Intensive Supervised Probation, or SOISP.
Colorado SOISP carries numerous obligations as well as severe restrictions on your rights. Violating any of these requirements can get you sent to prison to serve out your full sentence.
Below, our Colorado criminal defense lawyers explain what you need to know about Colorado Sex Offender Intensive Supervised Probation.
- 1. Who is eligible for Colorado SOISP?
- 2. How long will sex offender probation last?
- 3. What are the conditions of Colorado SOISP probation?
If you are convicted of a Colorado sex offense, the judge has the discretion to sentence you to probation and Colorado's sex offender intensive supervision program unless:
- Your sex offense was a “crime of violence,”
- You are subject to sentencing as a Colorado habitual sex offender, or
- The offense involved sexual penetration or sexual intrusion and at the time of the offense:
- The victim was under 12 years of age,
- You were at least 18 years old, and
- You were at least 10 years older than the victim.
If you fall into any of the above categories, the court must sentence you to the Department of Corrections. Otherwise, sentencing to probation and SOISP is entirely up to the court. The judge will only approve it as an alternative to incarceration if he or she believes it would be in both your and the community's best interest.
If you are sentenced to probation, it will last for at least ten years if you were convicted of a Colorado class 4 felony, or twenty years if the conviction was for a Colorado class 2 felony or Colorado class 3 felony. However, you may be on probation for the rest of your life.
The terms of your probation will include severe restrictions on where you can go, who you can associate with, and what you can do. Specific requirements include (but are not limited to):
- Participation in an approved sex offender evaluation and treatment program;
- Registration as a Colorado sex offender;
- Genetic marker testing;
- No use of drugs or alcohol;
- No contact with children (even your own);
- No contact with any victim;
- No dating or marriage of anyone with children under 18 unless approved by the state;
- No possession of porn; and
- No change of residence unless approved by the state of Colorado.
A violation of any one of these and other conditions is grounds for sending you to prison to serve out the full sentence for your crime.
For more information on SOISP restrictions and obligations, please see the State of Colorado Judicial Department's Additional Conditions of Probation for Adult Sex Offenders.
Call us for help…
If you or someone you know has been accused of a Colorado sex offense, we invite you to contact us for a free consultation.
Our Colorado and Denver sex crimes attorneys have decades of experience defending clients on charges ranging from rape to sexual assault on a child to indecent exposure.
We understand how the police and prosecutors put together sex crimes cases. Our approach to defending our clients is proactive and aggressive. We know how to negotiate for the most favorable plea bargain, but are not afraid to take cases to trial in front of a jury, either. And if what you need is help instead of prison, often we can help see that you get it.
Our attorneys also help with bail and release issues at all the state's jails, including the Larimer County Jail.
Just fill out the form on this page and one of our top Colorado sex crimes lawyers will get back to you promptly to discuss your case. Or, if you'd prefer, call us at our Denver home office:
Colorado Legal Defense Group
1400 16th Street ste. 400
16 Market Square
Denver CO 80202