Original Article: http://www.denverpost.com/news/ci_17493514
A lack of cash and some philosophical objections have so far kept Colorado law enforcement agencies from implementing federal rules that would require more criminals to register as sex offenders for longer periods of time.
Complying with the rules contained in the federal Adam Walsh Act by July 1 would bring Colorado close to $500,000 in federal grant money.
But opponents argue that it will cost far more than that federal grant amount to comply with the rules.
A national chorus of state government groups and research institutions has raised concerns about the way the federal law treats juvenile offenders, potential constitutional conflicts and data showing sex-offender registration doesn't prevent repeat offenders.
Among the skeptics is Laurie Kepros, who oversees sexual offenses for the state public defender office.
"It's just not going to be cost-effective, and does it do us any good in terms of public safety?" Kepros said.
In December, Colorado got notice that its current system for handling sex offenders is far from being in line with what federal authorities want.
"Now we don't know what to do," she said.
Congress passed the Adam Walsh Act in 2006 in an attempt to organize hundreds of sex-offense statutes in 50 states into three uniform categories that indicate the crimes' severity.
The legislation establishes registration and reporting standards for those categories — in many cases more stringent than state requirements — and compels local law enforcement to do more to communicate with other jurisdictions when offenders are on the move.
Colorado's Sex Offender Management Board in 2008 advised against compliance with the federal law, but nonetheless acknowledged the benefits of a single, unified reporting and tracking system.
"The Adam Walsh Act will . . . ensure that law enforcement has access to the same information across the United States, helping prevent sex offenders from evading detection by moving from state to state," the panel wrote.
Only four states have complied
Though the federal government has pushed for five years for states to tighten reporting requirements, so far only four have complied: Ohio, South Dakota, Florida and Delaware.
Crimes where Coloradans can now petition to be removed from the registry after five years — like misdemeanor indecent exposure — would remain listed for at least 10 years.
Those convicted of unlawful sexual contact with a child younger than 15 would spend a minimum of 25 years registering as a sex offender instead of a 10-year minimum with good behavior, as state law now reads.
And new crimes like criminal invasion of privacy and kidnapping or false imprisonment of someone younger than 18 would become registerable offenses, even though Colorado prosecutors frequently file those charges in instances where no sex offense has occurred.
One of the changes that has met with the greatest resistance is the way the federal law handles juvenile offenders.
Teens would stay on registry
Adolescents who commit sex crimes now can petition their way off the registry with good behavior and successful counseling. The Walsh Act would do away with that Colorado rule.
The Association for the Treatment of Sexual Abusers said keeping teens on the registry could prevent them from living at home with a support system that can help them recover.
"There will likely be an emergent housing crisis for youth on registries," the association predicted in a 2007 report.
Failing to comply would mean Colorado would lose 10 percent of a federal grant — around $450,000 — that funds victim-assistance and court-improvement programs each year.
The Sex Offender Management Board estimated in 2008 that a police department for a mid-size city could spend half of that adding new technology and hiring staff to enforce the federal changes.
"Certainly, it makes a great deal of sense for there to be a national registry of some kind. Is doing something with the amount of detail in it that the Adam Walsh Act has necessary for the national registry? That's a whole other question," said Jeanne Smith, director of the state Public Safety Department's sex-offender division.
Colorado authorities would have to scan an offender's palm print, keep track of his or her international travel or temporary lodging and start collecting DNA from misdemeanor arrestees.
Updates to the registry would have to be faster and more frequent.
Police would have to find a way to send out blast notifications to the public when that information changes and more quickly upload data to national databases.
Many requirements retroactive
The federal law also requires authorities to publish not only the home address of registered offenders, but the work and school addresses as well. And many of the new requirements would apply retroactively.
Erin Jemison leads the Colorado Coalition Against Sexual Assault. She realizes there are gaps in the way the state manages sex offenders, but said officials are working locally to solve those problems.
"There's a pretty wide consensus even among victims folks that the ways we are already complying are satisfactory," Jemison said. "I think it's good that people here are being critical and we're not jumping through hoops to make our laws even less consistent."
Jessica Fender: 303-954-1244 or jfender@denverpost.com
A lack of cash and some philosophical objections have so far kept Colorado law enforcement agencies from implementing federal rules that would require more criminals to register as sex offenders for longer periods of time.
Complying with the rules contained in the federal Adam Walsh Act by July 1 would bring Colorado close to $500,000 in federal grant money.
But opponents argue that it will cost far more than that federal grant amount to comply with the rules.
A national chorus of state government groups and research institutions has raised concerns about the way the federal law treats juvenile offenders, potential constitutional conflicts and data showing sex-offender registration doesn't prevent repeat offenders.
Among the skeptics is Laurie Kepros, who oversees sexual offenses for the state public defender office.
"It's just not going to be cost-effective, and does it do us any good in terms of public safety?" Kepros said.
In December, Colorado got notice that its current system for handling sex offenders is far from being in line with what federal authorities want.
"Now we don't know what to do," she said.
Congress passed the Adam Walsh Act in 2006 in an attempt to organize hundreds of sex-offense statutes in 50 states into three uniform categories that indicate the crimes' severity.
The legislation establishes registration and reporting standards for those categories — in many cases more stringent than state requirements — and compels local law enforcement to do more to communicate with other jurisdictions when offenders are on the move.
Colorado's Sex Offender Management Board in 2008 advised against compliance with the federal law, but nonetheless acknowledged the benefits of a single, unified reporting and tracking system.
"The Adam Walsh Act will . . . ensure that law enforcement has access to the same information across the United States, helping prevent sex offenders from evading detection by moving from state to state," the panel wrote.
Only four states have complied
Though the federal government has pushed for five years for states to tighten reporting requirements, so far only four have complied: Ohio, South Dakota, Florida and Delaware.
Crimes where Coloradans can now petition to be removed from the registry after five years — like misdemeanor indecent exposure — would remain listed for at least 10 years.
Those convicted of unlawful sexual contact with a child younger than 15 would spend a minimum of 25 years registering as a sex offender instead of a 10-year minimum with good behavior, as state law now reads.
And new crimes like criminal invasion of privacy and kidnapping or false imprisonment of someone younger than 18 would become registerable offenses, even though Colorado prosecutors frequently file those charges in instances where no sex offense has occurred.
One of the changes that has met with the greatest resistance is the way the federal law handles juvenile offenders.
Teens would stay on registry
Adolescents who commit sex crimes now can petition their way off the registry with good behavior and successful counseling. The Walsh Act would do away with that Colorado rule.
The Association for the Treatment of Sexual Abusers said keeping teens on the registry could prevent them from living at home with a support system that can help them recover.
"There will likely be an emergent housing crisis for youth on registries," the association predicted in a 2007 report.
Failing to comply would mean Colorado would lose 10 percent of a federal grant — around $450,000 — that funds victim-assistance and court-improvement programs each year.
The Sex Offender Management Board estimated in 2008 that a police department for a mid-size city could spend half of that adding new technology and hiring staff to enforce the federal changes.
"Certainly, it makes a great deal of sense for there to be a national registry of some kind. Is doing something with the amount of detail in it that the Adam Walsh Act has necessary for the national registry? That's a whole other question," said Jeanne Smith, director of the state Public Safety Department's sex-offender division.
Colorado authorities would have to scan an offender's palm print, keep track of his or her international travel or temporary lodging and start collecting DNA from misdemeanor arrestees.
Updates to the registry would have to be faster and more frequent.
Police would have to find a way to send out blast notifications to the public when that information changes and more quickly upload data to national databases.
Many requirements retroactive
The federal law also requires authorities to publish not only the home address of registered offenders, but the work and school addresses as well. And many of the new requirements would apply retroactively.
Erin Jemison leads the Colorado Coalition Against Sexual Assault. She realizes there are gaps in the way the state manages sex offenders, but said officials are working locally to solve those problems.
"There's a pretty wide consensus even among victims folks that the ways we are already complying are satisfactory," Jemison said. "I think it's good that people here are being critical and we're not jumping through hoops to make our laws even less consistent."
Jessica Fender: 303-954-1244 or jfender@denverpost.com
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