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When a person is released from the Colorado Department of Corrections or sentenced to probation for a sexual offense, sometimes a requirement of the supervision is to wear a GPS ankle monitor. Often, this is just a formality so the parole or probation officer feels comfortable with the person being in the community. After a period of time, the ankle monitor is removed, as long as there were no violations. A man who was recently released from DOC to Denver Parole cut his ankle monitor and absconded from supervision. While this does not usually get local media coverage, the man was designated a Sexually Violent Predator (SVP), so his picture and information was released in hopes that Denver and surrounding communities like Commerce City would help with his capture. The man was eventually captured within a week and will most likely be facing new criminal charges, including Escape.

Sexually Violent Predator Designation in Arapahoe County

According to Colorado law, a person must meet certain criteria to be designated a Sexually Violent Predator. Under C.R.S. 18-3-414.5, a person must meet all the following conditions to be labeled a SVP in Arapahoe County:

• A person who was 18 years old at the time of the offense, or less than 18 years old but tried as an adult;
• A person who has been convicted of (including attempt, solicitation, or conspiracy to commit):
  • Sexual Assault
  • Sexual Assault in the Second Degree
  • Unlawful Sexual Contact or Sexual Assault in the Third Degree
  • Sexual Assault on a Child
  • Sexual Assault on a Child by One in a Position of Trust;
• A person whose victim was a stranger to the offender or the offender established a relationship for the purpose of sexual victimization; and
• A person who is deemed as likely to subsequently commit one or more sexual offense listed above, based on a risk assessment approved by the sex offender management board.

While the specifics of the man's situation and conviction were not released to the public, the man has already been designated a SVP, so he must meet all the criteria above. The first two conditions are pretty straight forward, but the last two allow for some interpretation. When completing an Offense Specific Evaluation, which is required before sentencing on a sex case, the evaluator can flag someone as a potential SVP.

If you or a loved one has been charged with a Sexual Offense or Sex Crime, be smart, exercise your right to remain silent, and contact the best Denver defense attorneys from the O'Malley Law Office at 303-830-0880 immediately. Together, we can protect your future.