Criminal Law Newsletter
| Publication year | 1981 |
| Pages | 1651 |
| Citation | Vol. 10 No. 7 Pg. 1651 |
1981, July, Pg. 1651. Criminal Law Newsletter
In 1953, the Colorado legislature passed the Sex Offender Sentencing Act ("Act").(fn1) It was a victory for those who subscribe to the school of thought that the primary purpose of the judicial and penal systems is to rehabilitate and not to punish criminals.
For years, many sociologists, psychologists, criminologists and psychiatrists explained sex crimes as acts of violence and aggression, not motivated by a depraved sexual consciousness. Disagreement as to type of treatment and likelihood of positive results from therapy existed then, as it does now.
In 1967, the U.S. Supreme Court struck down the Act,(fn2) claiming it was "deficient in due process." The 1953 version of the Act did not allow for an evidentiary hearing prior to the court's determination as to sentencing, which was violative of the Fourteenth Amendment. The 1968 legislature enacted the current Act,(fn3) which provides for an evidentiary hearing and incorporates the spirit of the 1953 Act.
The 1968 Act is a straightforward piece of legislation that allows the sentencing court to commit a sex offender to the Department of Corrections for an indeterminate term. This alternative to ordinary sentencing(fn4) may be initiated by the court, district attorney or the defendant. Consideration under the Act must be requested within twenty days after conviction of a sex offense. The defendant is required to undergo at least two psychiatric examinations and the examiner ultimately must address the following factors:
1) Whether the defendant, if at large, constitutes a threat of bodily harm to the members of the public; whether the defendant is mentally deficient;
2) Whether the defendant could benefit from psychiatric treatment; and
3) Whether the defendant could be adequately supervised on probation.
After review of at least two psychiatric reports, a probation report and an evidentiary hearing, the court must determine if the defendant constitutes a threat of bodily harm to members of the public. The court may terminate proceedings under the Act based upon the reports at any time.
Further, the psychiatric reports are not binding on the sentencing judge or...
To continue reading
Request your trial