Colorado Sex Crime Attorney Blog

Sex Offender Polygraphs in Colorado | Denver Attorney

Posted by Kyle B. Sawyer | Jan 16, 2019 | 0 Comments

Polygraphs are a difficult reality for many convicted sex offenders in Colorado. While not admissible in court, the results on these tests have reign over offender's lives. The Sex Offender Management Board in Colorado requires polygraph testing as part of the treatment process. Recently, a potential conflict of interest became evident where a board member's eligibility to serve on the board was brought into question. Who is really in charge when it comes to sex offender polygraphs? Can a board member's private testing practice make financial gains from client's failed tests? In short, the answers are unclear. Speaking with a skilled criminal defense attorney can help put your mind at ease if you're deep in the trenches of a sex crime conviction.

Sex Offender Intensive Supervised Probation Polygraphs

While each case is different, there are several polygraphs that will be required of a convicted Sex Offender in Denver. These tests are expensive, typically $250 per exam. Below is a list of potential polygraphs that can be required by probation and treatment:

  • Index Offense – sometimes required, includes questions surrounding your offense itself
  • Child Contact Assessment – sometimes required, includes questions pertaining to sexual contact with biological children
  • Sex History – required, often split into 2 separate polygraphs, includes questions about your past sexual behaviors
  • Maintenance – required every 6 months during probation, includes questions about current behavior and whereabouts within that six month time frame

What Happens If I Fail a Polygraph on Probation?

Results of the questions asked on polygraphs in Denver, Colorado are reported to your probation officer and treatment provider. The polygrapher provides a synopsis of their findings labeled with 3 different results to each question: pass (no deception), fail (deception), or no opinion (inconclusive). Results of fail or no opinion on any of the relevant questions deem the entire exam not passed. Thus, you have to take it again within 60 days. Let's say for instance you pass one question and fail the other on your sex history polygraph. The passed question essentially becomes null because of the failed question. Both questions appear on your re-take and the cycle continues until you receive a “pass (no deception)” on all relevant questions.

Community Supervision Teams and Sex Offender Polygraphs

Your probation officer and treatment provider in Aurora, Colorado (Community Supervision Team) will talk through polygraph results with you and ask if you need to make any additional disclosures should you fail a question. Seeking an attorney's advice is certainly the best policy here. However, don't admit to an act that you did not do. Passed polygraph results can mean additional freedoms. Failed results can lead to even less freedoms. Polygraphs should be a treatment tool. Unfortunately, some elements of sex offender management have turned them into a weapon, further isolating people trying to take honest steps forward.

If you or someone you know is facing a crime that involves sex offender polygraphs, consulting with an experienced attorney that can help is a must. Call Sawyer Legal Group today at 303-830-0880. Together, we can protect your future.

Photo Credit: Pixabay – geralt

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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