Administrative Code Provisions | 8 Colo. Code Regs. ยง 1507-24 | 2018
OFFICE OF THE EXECUTIVE DIRECTOR
COLORADO BUREAU OF INVESTIGATION
RULES & REGULATIONS CONCERNING THE COLORADO SEX OFFENDER REGISTRATION ACT
AUTHORITY TO ADOPT RULES AND REGULATIONS
The Executive Director of the Colorado Department of Public Safety is authorized and mandated by the provisions of Section 16-22-110(6)(d), COLO. REV. STAT. §, to adopt rules and regulations which define the Need To Know for the purposes of determining the Public's need to adequately protect themselves and their children from persons convicted of offenses involving unlawful sexual behavior. These rules shall also address how such need may be demonstrated.
DEFINITIONS
The definitions provided in Section 16-22-102, COLO. REV. STAT. § shall apply to these rules and regulations. The following definitions shall also apply:
Need to Know: A showing of a person's need to protect themselves or their immediate family from persons convicted of offenses involving unlawful sexual behavior. Only persons who request the CBI to provide a listing of those registrants who do not reside in their local law enforcement jurisdiction and/or a contiguous jurisdiction must demonstrate a need to know. Such showing must be demonstrated with specificity what the nature of the threat is and/or any other circumstances which would delineate the need for protection.
Local Law Enforcement Jurisdiction: The place the person requesting the CBI to provide a listing of registrants resides.
Immediate Family: Means a person's spouse, parent, grandparent, sibling, or child.
Registrant: any person(s) required to register as a condition of parole or pursuant to Title 16, Article 22 of the Colorado Revised Statutes.
CBI-CSORA-1
COLORADO SEX OFFENDER REGISTRY
The Director of the Colorado Bureau of Investigation shall create and maintain a Registry of persons required to register as a condition of parole or pursuant to Title 16, Article 22 of the Colorado Revised Statutes.
CBI-CSORA-2
WHO MAY REQUEST A LIST OF REGISTRANTS
A. A person eighteen (18) years of age or older residing in the State of
B. A person eighteen (18) years of age or older residing in the State of Colorado may request from the CBI a list of those persons on the sex offender registry who reside in geographic areas OTHER than those specified above WHEN NECESSARY FOR PUBLIC PROTECTION AND UPON A DEMONSTRATION OF A NEED TO KNOW.
CBI-CSORA-3
HOW TO REQUEST A LIST
A. A person may request a list from the Colorado Bureau of Investigation, Agent in Charge of the Sex Offender Registry, by phone, mail, or in person.
B. A person requesting information must show proper identification and/or other proof of residence.
C. A request form must be filled out. These forms may be downloaded from the CBI web site and are also available via fax, mail, or in person at CBI headquarters.
D. Upon approval of the request, the CBI will forward the list of registrants to the requesting party within 10 business days.
CBI-CSORA-4
CONSIDERATION OF REQUEST
In determining whether or not a person demonstrates a 'need to know' for a list of registrants within a jurisdiction not their own nor contiguous thereto, CBI must consider at a minimum A or B, and may consider C,D,E, or F.
1. The nature and extent of the person's presence in the geographic area in which the persons on the sex offender registry reside
B. The nature and extent of the person's immediate family in the geographic area in which the persons on the sex offender registry reside
C. The requesters' concerns for themselves and/or their immediate family
D. The privacy concerns of the registrants
E. That the information released not be used to inflict retribution or additional punishment on any person convicted of unlawful sexual behavior
F. That the release of any and/or all information not be contrary to public interest nor any statute, regulation, or law
CBI-CSORA-5
INFORMATION RELEASED
A. The information released will include the following:
a. Name of registrant
b. Address or addresses of registrant
c. Aliases of the registrant
d. A photograph of registrant (if readily available)
e. A history of the convictions that resulted in the registrant being required to register
f. Any other convictions the registrant may have (if readily available)
B. Information that shall not be released:
a. Any information concerning victims shall not be released.
C. Any and all information released shall be used by the requestor and his or her immediate family, and shall not be used for any other purpose.
CBI-CSORA-6
FEES FOR THE SEARCH
A. The CBI may assess reasonable fees for the search, retrieval, and copying of information requested. The amount of the fees shall reflect the actual costs which include but are not limited to, personnel and equipment incurred in operating and maintaining the sex offender registry. The fee schedule for the CBI may be found by accessing their web site at the following address: http://cbi.state.co.us
CBI-CSORA-7
DISCLAIMER
A. Any information released by the Colorado Bureau of Investigation regarding the Colorado Sex Offender Registry Act shall include in writing the following statement:
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