As used in this part 9, unless the context otherwise requires:
(1) Department means the department of corrections created in section 24-1-128.5, C.R.S.
(2) Management board means the sex offender management board created in section 16-11.7-103.
(3) Parole board means the state board of parole created in section 17-2-201, C.R.S.
(4) Sex offender means a person sentenced pursuant to part 10 of article 1.3 of title 18, C.R.S.
(5) Sexually violent predator means a sex offender who is identified as a sexually violent predator pursuant to section 18-3-414.5, C.R.S., or who is found to be a sexually violent predator or its equivalent in any other state or jurisdiction, including but not limited to a military or federal jurisdiction. For purposes of this subsection (5), equivalent, with respect to an offender found to be a sexually violent predator or its equivalent, means a sex offender convicted in another state or jurisdiction, including but not limited to a military, tribal, territorial, or federal jurisdiction, who has been assessed or labeled at the highest registration and notification levels in the jurisdiction where the conviction was entered and who satisfies the age, date of offense, and conviction requirements for sexually violent predator status pursuant to Colorado law.
(6) Technical assistance team means the group of persons established by the division of criminal justice pursuant to section 16-13-906 to assist local law enforcement in carrying out community notification and to provide general community education concerning sex offenders.
Source: L. 99: Entire part added, p. 1152, � 17, effective July 1. L. 2006: (5) amended, p. 1311, � 2, effective May 30. L. 2011: (5) amended, (HB 11-1278), ch. 224, p. 959, � 1, effective May 27.
16-13-903. Sexually violent predator subject to community notification - determination - implementation. (1) A sexually violent predator shall be subject to community notification as provided in this part 9, pursuant to criteria, protocols, and procedures established by the management board pursuant to section 16-13-904.
(2) (Deleted by amendment, L. 2006, p. 1312, � 3, effective May 30, 2006.)
(3) (a) When a sexually violent predator is sentenced to probation or community corrections or is released into the community following incarceration, the sexually violent predator's supervising officer, or the official in charge of the releasing facility or his or her designee if there is no supervising officer, shall notify the local law enforcement agency for the jurisdiction in which the sexually violent predator resides or plans to reside upon release from incarceration. The local law enforcement agency shall notify the Colorado bureau of investigation, and the sexually violent predator's status as being subject to community notification shall be entered in the central registry of persons required to register as sex offenders created pursuant to section 16-22-110.
(b) When a sexually violent predator living in a community changes residence, upon registration in the new community or notification to the new community's law enforcement agency, that agency shall notify the Colorado bureau of investigation and implement community notification protocols.
(4) Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S.
(5) A sex offender convicted in another jurisdiction who is designated as a sexually violent predator by the department of public safety for purposes of Colorado law shall be notified of his or her designation and shall have the right to appeal the designation in district court.
Source: L. 99: Entire part added, p. 1152, � 17, effective July 1. L. 2002: (3) amended, p. 1185, � 18, effective July 1. L. 2006: Entire section amended, p. 1312, � 3, effective May 30. L. 2011: (5) added, (HB 11-1278), ch. 224, p. 959, � 2, effective May 27.