In every criminal case, the purpose of the criminal justice system is to make our community safer and provide justice.  Because we cannot afford to put everyone in prison or jail, we have set up probation to monitor defendants are be sure they are safe in the community.  In Adams, Arapahoe and Denver County, a primary part of probation is treating problems defendants have.  Alcoholics must do alcohol treatment, domestic violence offenders must do DV counseling, mentally ill people do mental health treatment, and sex offenders are required to obtain sex offender treatment.  In all situations but one, participation in treatment is ensured because doing the treatment is better than going to jail.  Jail is reserved as an incentive to do the treatment.

In many cases today, sex offenders in Jefferson, Broomfield and Douglas County are deciding to just go to jail or prison and serve their sentence instead of doing harsh sex offender treatment.  This happens since sex offender treatment has become so difficult and jail is seen as less difficult.  Why is this?  Think how you would feel at being told you cannot see or speak to your own children.  How about being forced to sell your house and move?  Imagine being told you have to quit your job which you need to pay your bills?  Can you imagine being told by the government that you cannot have contact with your wife?  These all occur in Colorado's sex offender treatment program.  And, in the end, our community is less safe.  Untreated sex offenders are released into our communities after they have served a maximum sentence.

I place the blame entirely on the Colorado Sex Offender Management Board (SOMB).  With absolute power, they have created a treatment system with a “no cure” philosophy.  This attitude permeates the management and treatment of sex offenders in Larimer and Weld County.  Their attitude is that sex offenders cannot change their ways, so they must be strictly contained.  This “one size fits all” program of treatment makes it impossible to live and work in society.

Instead of the current system, we should have a balance in sex offender treatment which accounts for the differences between a sexual assault of forced intercourse and the touching someone's breasts. We need a sex offender system which does not treat felony Sexual Assault, C.R.S. 18-3-402, the same as the misdemeanor crime of Indecent Exposure, C.R.S. 18-7-302.  We should have a system that makes isolation from your children and quitting your job rare, rather than routine.

If you or a family member is accused of a sex offense in El Paso, Grand, or Summit County, be smart, exercise your right to remain silent, and call the experienced attorneys at the O'Malley Law Office today.  Together, we can protect your future.