HomeMy WebLinkAboutZOA-00-09CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Siler
Council Bill No 22
Ordinance No 1204
Series of 2000
TITLE AN ORDINANCE AMENDING SECTION 26-5(a) OF THE
WHEAT RIDGE CODE OF LAWS BY AMENDING
DEFINITIONS PERTAINING TO "FAMILY," "NONPROFIT
GROUP HOME," AND "RESIDENTIAL GROUP HOME."
WHEREAS, the General Assembly has required that sex offenders register
with the local law enforcement agency within seven (7) days of becoming a
temporary or permanent resident within the agency's jurisdiction; and
WHEREAS, a sex offender potentially poses a direct threat to the health and
safety of others, as recognized by the General Assembly and various court
decisions; and
WHEREAS, sex offenders have a high incidence of recidivism; and
WHEREAS, the concentration of sex offenders in a residential zone district
may increase the potential risk of the threat to the health and safety of others
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Family" to read.
Family. One (1) or more persons related by blood,
marriage, adoption, or legal custody plus domestic
servants employed for service on the premises, or a
group of not more than three (3) persons who need not
be so related living together as a single housekeeping
unit Five (5) people over the age of sixty (60) sharing
one (1) housekeeping unit shall also be deemed to be a
family Notwithstanding the foregoing, a family shall be
deemed to include four (4) or more persons that are not
related by blood, marriage, adoption, or legal custody
occupying a residential dwelling unit and living as a single
housekeeping unit if the occupants are handicapped
persons as defined in title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act
LCM\530271351782 04
of 1988, or disabled persons as defined by § 24-34-301,
C.R.S
A household that includes four (4) or more persons
identified above shall not be excluded from the definition
of "family" by the residence in the household of
additional necessary persons (and their families)
employed in the care and supervision of such
handicapped or disabled persons.
A FAMILY SHALL NOT INCLUDE MORE THAN ONE
PERSON REQUIRED TO REGISTER AS A SEX OFFENDER
PURSUANT TO SECTION 18-3-412.5, C.R.S, AS
AMENDED, UNLESS RELATED BY BLOOD, MARRIAGE,
OR ADOPTION
Section 2. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Nonprofit Group Home" to read.
Nonprofit group home. A group home which is owned
and operated by a person or organization which is exempt
from income taxes pursuant to § 39-22-112 C.R.S A
NONPROFIT GROUP HOME SHALL NOT INCLUDE MORE
THAN ONE PERSON REQUIRED TO REGISTER AS A SEX
OFFENDER PURSUANT TO SECTION 18-3-412.5, C R.S.,
AS AMENDED
Section 3. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Residential Group Homes" to read:
Residential group homes:
(a) Group Home for Children- This is a residential facility
for five (5) or more children which is licensed by the
Jefferson County Social Services Divoswen
DEPARTMENT OF HUMAN Services for the purpose
of providing up to twenty-four (24) hour care,
supervision and/or training for children under the age
of eighteen (18) years Those children placed in a
home under the age of eighteen (18) but who remain
in the home after reaching the age of eighteen (18)
shall be considered a child under this definition until
reaching the age of twenty-one (21) Group homes
for children do not include facilities for the placement
of children by the DIVISION OF YOUTH
CORRECTIONS OF THE COLORADO DEPARTMENT
LCM\53027\351782 04 _2_
OF HUMAN SERVICES Youth Services Division of
the Depeftment of Institutions, the Mental Health
Division of the Department of Institutiens
COLORADO DEPARTMENT OF HUMAN SERVICES,
or the Alcohol and Drug Abuse Division of the
Depawnen` of Health, COLORADO DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT even if
licensed by Jefferson County Department of Seeia+
HUMAN Services (See section 26-30(P) ) A
GROUP HOME FOR CHILDREN SHALL NOT INCLUDE
MORE THAN ONE PERSON REQUIRED TO REGISTER
AS A SEX OFFENDER PURSUANT TO SECTION
18-3-412.5, C R S., AS AMENDED.
(b) Group Home for Elderly Persons: This is a residential
facility established as either an owner-occupied or
nonprofit group home for the exclusive use of
persons sixty (60) years of age or older who do not
need skilled and intermediate care facilities, plus no
more than two (2) live-in staff persons employed in
the care and supervision of such elderly persons. A
GROUP HOME FOR ELDERLY PERSONS SHALL NOT
INCLUDE MORE THAN ONE PERSON REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO
SECTION 18-3-412.5, C R.S., AS AMENDED.
(c) For purposes of this chapter, "group home" or
"residential group home" shall not include a
household of four (4) or more persons occupying a
residential dwelling unit and living as a single
housekeeping unit if the occupants are handicapped
persons as defined in title III of the Civil Rights Act
of 1968, as amended by the Fair Housing
Amendments Act of 1988, or disabled persons as
defined by § 24-34-301, C.R.S., and such additional
necessary persons (and their families) employed in
the care and supervision of such handicapped or
disabled persons A GROUP HOME FOR
HANDICAPPED OR DISABLED PERSONS SHALL NOT
INCLUDE MORE THAN ONE PERSON REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO
SECTION 18-3-412.5, C.R.S., AS AMENDED.
LCM153027\351782.04 _3_
Section 4. Compliance. Properties, land uses or activities made
nonconforming by the adoption of this Ordinance must be brought into conformity
with this ordinance or discontinued within 90 days of the effective date hereof.
Section 5. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 6. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 7. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
_I on this 24th day of _ July , 2000, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public
Hearing and consideration on final passage set for August 29 , 2000, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 6 to 2 , this 28th day of August , 2000
SIGNED by the Mayor on this
ATTEST:
.r-cfy,~ , ter-z
Wanda Sang, City Clerk-
1st Publication: July 28, 2000
2nd Publication: September 1, 2000
Wheat Ridge Transcript
Effective Date: September 16, 2000
Approved As To Form
Gera d E. Dahl, City Attorney
LCM\53027\351782.04 -4-
CITY COUNCIL MINUTES: August 28, 2000 Page = 3
Item 3. Council Bill 22 -An ordinance amending Section 26-5(a) of the Wheat Ridge
Code of Laws by amending definitions pertaining to "Family", "Nonprofit Group
Home", and "Residential Group Home".
Council Bill 22 was introduced on second reading by Mr. Siler; title and summary read by the
Clerk; Ordinance No. 1204 assigned.
Mr. Dahl explained the changes from the original ordinance.
Motion by Mr. Siler to approve Council Bill 22 (Ordinance No. 1204), amending the definitions
pertaining to "family", "non-profit group home" and "residential group home" for the purpose of
clarifying the definitions to aid in enforcing the new state law requiring sex offenders within
seven days of becoming a temporary or permanent resident within a city to register with the
local law enforcement agency; seconded by Mr. DiTullio; carried 6-2 with Mr. Hanley and Mrs.
Worth voting no.
Item 4. Application for approval of an amendment to the Youngfield Plaza Planned
Commercial Development final development plan to allow construction of a
CMRS tower at 4056 Youngfield Street.
(Case No. WZ-00-03)
(To be continued to September 25, 2000)
Motion by Mr. DiTullio to continue Item 4 to September 25, 2000; seconded by Mrs. Worth;
carried 8-0.
ORDINANCES ON FIRST READING
Item 5. Council Bill 26 - An ordinance amending Chapter 15 of the Wheat Ridge Code of
Laws by amending Section 15-1, Definitions, adding Sections 15-31 through 15-
34 and adding a new Article III, Sections 15-40 through 15-46, entitled "Closure
Procedures for Specified Crime Properties".
Council Bill 26 was introduced on first reading by Mrs. Worth, who also read the title and
summary.
Motion by Mrs. Worth that Council Bill 26 be approved on first reading, ordered published,
public hearing be set for Monday, September 25, 2000 at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication; with the following amendment: "This Ordinance shall apply only to residential
structures of ten units or more or commercial buildings of ten units or more in the Hotel/Motel
areas"; seconded by Ms. Figlus.
P
REQUEST FOR COUNCIL ACTION
AGENDA ITEM
July 24, 2000
_ PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date:
_ BIDS/MOTIONS _ ORDINANCES FOR 2ND READING
RESOLUTIONS
Quasi-Judicial: X
Yes No
SUBJECT: Ordinance amending the Code of Laws regarding residential group homes for registered
sex offenders.
SUMMARY AND BACKGROUND:
The City Affairs Committee has reviewed and referred to the City Council, an ordinance proposing to amend
Section 26-5(a) of the Zoning Ordinance to permit only one registered sex offender per group home. This
amendment gives existing homes 90 days to come into compliance.
ATTACHMENTS: a^
1. Council Bill No. d
irt,rn+ s of
BUDGETIMPACT:
Original budgeted amount: $0
Actual contracted amount: $0
Impact of expenditure on line item: $0
STAFF RECOMMENDATION:
Staff recommends that the City Council adopt the ordinance amending the definitions pertaining to "family,"
"non-profit group home," and "residential group home" to permit only one registered sex offender per group
home.
ORIGINATED BY: Valerie C. Adams, City Manager
Jerry Dahl, City Attorney
STAFF RESPONSIBLE: Valerie C. Adams, City Manger -
"I move to introduce Council Bill No. _1 on first reading, ordered published, public hearing to be set for
Monday, August 28, 2000, at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on
second reading, take effect 15 days after final publication."
C:WyFilalCo it RepoMa offender 0Nin emver I.wyd
JUL-03-00 TUE 33_01 SILER & ASSOCIATES INC. 303 467 2690 P.02
TO: City Manager
Council President
FROM: Jerry DiTullio, Councilman, District I
Kenneth Siler, Councilman, District H
DATE: July 5, 2000
SUBJECT: Sex Offender Ordinance
We the undersigned, under Council Rules and Procedures, ask that the Sex
Offender Ordinance be added to the July 20 Regular City Council Session
as a First Reading. It then be sent to the Planning Commission, and then be
brought back to the August 28'b Regular Council Session as a Second
Reading.
Sincerely,
enneth K Siler Jerry DiTullio
Councilman, District 11 Councilman, District I
In regard to a concern about the removal of trees for the development, Mr. White explained that
the City Forester is aware of the problem and has required that the builder replace those trees.
Commissioner THOMPSON suggested that Mr. Drda contact his council representative to see
if he could be placed on the agenda for the next First Monday meeting. Commissioner
McNAMEE informed Mr. Drda that the next scheduled meeting is next Monday evening at the
Community Center.
Alan White informed Mr. Drda that he would be willing to meet with him to discuss planning
issues.
7. PUBLIC HEARING
A. Case No. ZOA-00-09: An ordinance amending Section 26-5(a) of the Wheat Ridge
Code of Laws by amending definitions pertaining to family, non-profit group home and
residential group homes.
At the request of City Council, the subject ordinance was drafted which would limit the number
of registered sex offenders living in group homes. The ordinance permits only one sex offender
per group home and gives existing homes 90 days to comply. Gerald Dahl, City Attorney,
reviewed the ordinance.
During discussion of the ordinance, Commissioner THOMPSON expressed concern about the
proximity of housing for sex offenders to churches, schools and day care centers. She also
stated that she would like to have a system to check addresses of registered sex offenders to
make sure they do not reside in a residence which is also a licensed day care center.
Chair MacDOUGALL asked if there were any present who wished to speak regarding the
ordinance. There was no response.
It was moved by Commissioner GOKEY and seconded by Commissioner COLLINS to
approve Case No. ZOA-00-09, an ordinance limiting the number of registered sex
offenders living in group homes. The motion passed 7-0 with Commissioner SNOW
absent.
It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY
that the Planning Commission request City Council to initiate an additional ordinance (or
two additional ordinances, if necessary) that would provide that a registered sex offender
may not live in a home within 1000 feet of a school, day care center or a church; and that
the city check the address at which a sex offender registers to make sure that the home is
Planning Commission Page 3
August 3, 2000
not licensed as a day care center. The motion passed 7-0 with Commissioner SNOW
absent.
8. CLOSE PUBLIC HEARING
Chair MacDOUGALL declared the public hearing closed.
9. OLD BUSINESS
There was no old business to come before the Commission.
10. NEW BUSINESS
A. Comprehensive Plan Amendments - Section 2-60 of the City Code requires that: "If
the Planning Commission makes a recommendation for approval of a change to a
zoning district which differs significantly from the Comprehensive Plan, the Planning
Commission shall also make a recommendation for amendment of the Comprehensive
Plan so the proposed zoning change shall fit compatibly into the overall planning
concept of the City." Further, when a request for zone change is consistent with the
Comprehensive Plan and it is denied, "amendment of the Comprehensive Plan shall be
considered."
Alan White reviewed the memorandum prepared by Meredith Reckert, Senior Planner, which
was contained in the Planning Commission packet. The memorandum set forth zone change
applications from 1998 and 1999 for which Comprehensive Plan amendments should be
initiated. He asked the Commission to take this matter under consideration to determine if
these changes should be made.
There was a consensus to direct Alan White to prepare a resolution as well as vicinity maps
showing what the Comprehensive Plan designations are in the areas set forth in the
memorandum. This will be brought back to the Planning Commission for their consideration
at a later date. A public hearing could then be set to consider the resolution.
11. COMMISSION REPORTS
There were no Commission reports.
12. COMMITTEE AND DEPARTMENT REPORTS
A. Economic Development Commission - Commissioner McNAMEE gave a brief report
on the last meeting of the Economic Development Commission. She also provided
copies of the minutes from the June meeting to the Commission members.
Planning Commission Page 4
August 3, 2000
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director lw
0
4 F WHEgl
h Q
L1
U to
COC OR P00
SUBJECT: Case No. ZOA 00-09, An Ordinance Limiting the Number of Registered Sex
Offenders Living in Group Homes
DATE: July 27, 2000
City Council requested that regulations be developed that limited to one the number of sex
offenders that could be housed in group living situations. Nearly every other jurisdiction
adjacent to Wheat Ridge has adopted this restriction. The City Affairs Committee has reviewed
and referred to City Council the attached ordinance.
The ordinance permits only one sex offender per group home and gives existing homes 90 days
to comply. The ordinance amends the definitions of "family," "non-profit group home," and
"residential group home" to permit only one sex offender per group home.
Staff recommends approval.
CWIyFiles\WPFiles\Projects\zoning amendmenU\zoa0009pc.wpd
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 22
Ordinance No.
Series of 2000
TITLE: AN ORDINANCE AMENDING SECTION 26-5(a) OF THE
WHEAT RIDGE CODE OF LAWS BY AMENDING
DEFINITIONS PERTAINING TO "FAMILY," "FAMILY FOSTER
HOME," "NONPROFIT GROUP HOME," AND "RESIDENTIAL
GROUP HOME."
WHEREAS, the General Assembly has required that sex offenders register
with the local law enforcement agency within seven (7) days of becoming a
temporary or permanent resident within the agency's jurisdiction; and
WHEREAS, a sex offender potentially poses a direct threat to the health and
safety of others, as recognized by the General Assembly and various court
decisions; and
WHEREAS, sex offenders have a high incidence of recidivism; and
WHEREAS, the concentration of sex offenders in a residential zone district
may increase the potential risk of the threat to the health and safety of others.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Family" to read:
Family. One (1) or more persons related by blood,
marriage, adoption, or legal custody plus domestic
servants employed for service on the premises, or a
group of not more than three (3) persons who need not
be so related living together as a single housekeeping
unit. Five (5) people over the age of sixty (60) sharing
one (1) housekeeping unit shall also be deemed to be a
family. Notwithstanding the foregoing, a family shall be
deemed to include four (4) or more persons that are not
related by blood, marriage, adoption, or legal custody
occupying a residential dwelling unit and living as a single
housekeeping unit if the occupants are handicapped
persons as defined in title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act'
LCM\53027\351782.04
of 1988, or disabled persons as defined by § 24-34-301,
C.R.S.
A household that includes four (4) or more persons
identified above shall not be excluded from the definition
of "family" by the residence in the household of
additional necessary persons (and their families)
employed in the care and supervision of such
handicapped or disabled persons.
A FAMILY SHALL NOT INCLUDE MORE THAN ONE
PERSON REQUIRED TO REGISTER AS A SEX OFFENDER
PURSUANT TO SECTION 18-3-412.5, C.R.S., AS
AMENDED, UNLESS RELATED BY BLOOD, MARRIAGE,
OR ADOPTION.
Section 2. Section 26-5(a), Definitions, of the 'Code of Laws is hereby
amended by amending the definition of "Nonprofit Group Home" to read:
Nonprofit group home. A group home which is owned
and operated by a person or organization which is exempt
from income taxes pursuant to § 39-22-112 C.R.S. A
NONPROFIT GROUP HOME SHALL NOT INCLUDE MORE
THAN ONE PERSON REQUIRED TO REGISTER AS A SEX
OFFENDER PURSUANT TO SECTION 18-3-412.5, C.R.S.,
AS AMENDED.
Section 3. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Residential Group Homes" to read:
Residential group homes:
(a) Group Home for Children: This is a residential facility
for five (5) or more children which is licensed by the
Jefferson County Seeia;-8ewtiees--Division
DEPARTMENT OF HUMAN Services for the purpose
of providing up to twenty-four (24) hour care,
supervision and/or training for children under the age
of eighteen (18) years. Those children placed in a
home under the age of eighteen (18) but who remain
in the home after reaching the age of eighteen (18)
shall be considered a child under this definition until
reaching the age of twenty-one (21). Group homes
for children do not include facilities for the placement
of children by the DIVISION OF YOUTH
CORRECTIONS OF THE COLORADO DEPARTMENT
LCM\53027\351782.04 - -2-
OF HUMAN SERVICES Youth Sewices Division of
the Depeftment of Institutien-s-, the Mental Health
Division of the
COLORADO DEPARTMENT OF HUMAN SERVICES,
or the Alcohol and Drug Abuse Division of the
Depeftment of Health, COLORADO DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT even if
licensed by Jefferson County Department of Seeial
HUMAN Services. (See section 26-30(P).) A
GROUP HOME FOR CHILDREN SHALL NOT INCLUDE
MORE THAN ONE PERSON REQUIRED TO REGISTER
AS A SEX OFFENDER PURSUANT TO SECTION
18-3-412.5, C.R.S., AS AMENDED.
(b) Group Home for Elderly Persons: This is a residential
facility established as either an owner-occupied or
nonprofit group home for the exclusive use of
persons sixty (60) years of age or older who do not
need skilled and intermediate care facilities, plus no
more than two (2) live-in staff persons employed in
the care and supervision of such elderly persons. A
GROUP HOME FOR ELDERLY PERSONS SHALL NOT
INCLUDE MORE THAN ONE PERSON REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO
SECTION 18-3-412.5, C.R.S., AS AMENDED.
(c) For purposes of this chapter, "group home" or
"residential group home" shall not include a
household of four (4) or more persons occupying a
residential dwelling unit and living as a single
housekeeping unit if the occupants are handicapped
persons as defined in title III of the Civil Rights Act
of 1968, as amended by the Fair Housing
Amendments Act of 1988, or disabled persons as
defined by § 24-34-301, C.R.S., and such additional
necessary persons (and their families) employed in
the care and supervision of such handicapped or
disabled persons. A GROUP HOME FOR.
HANDICAPPED OR DISABLED PERSONS SHALL NOT
INCLUDE MORE THAN ONE PERSON REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO
SECTION 18-3-412.5, C.R.S., AS AMENDED.
_
LCM\53027\351782.04 -3-
Section 4. Compliance. Properties, land uses or activities made
nonconforming by the adoption of this Ordinance must be brought into conformity
with this ordinance or discontinued within 90 days of the effective date hereof.
Section 5. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 6. Severability• Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 7. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2000, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public
Hearing and consideration on final passage set for 2000, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of 2000.
SIGNED by the Mayor on this .day of . , 2000.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
LCM\53027\351782.04 -4-
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on August 3, 2000 at 7:30 p.m. in the City Council Chambers of
the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. The following
petitions shall be heard:
Case No. ZOA-00-09: An ordinance amending Section 26-5(a) of the Wheat Ridge Code
of Laws by amending definitions pertaining to "family," "non-profit group home," and
"residential group home."
Kathy Field, Senior Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: July 28, 2000
Wheat Ridge Transcript
C:\Barbara\PCRPTS\PLANGCOM\POBHRG\000803pnb.wpd
GORSUCH KIRGIS LLP
ATTORNEYS AT LAW
TO: MAYOR CERVENY AND MEMBERS OF CITY COUNCIL
FROM: GERALD DAHL, GORSUCH KIRGIS LLP
LINDA MICHOW, GORSUCH KIRGIS LLP
DATE: JULY 14, 2000
RE: ORDINANCE AMENDING CODE OF LAWS REGARDING RESIDENTIAL
GROUP HOMES FOR REGISTERED SEX OFFENDERS
The following materials concerning the above referenced ordinance have been
requested for the July 17th City Council study session:
1. Proposed ordinance amending definitions of "family," "family foster home"
and residential "group homes" to clarify their applicability to registered sex
offenders.
2. A copy of Arvada's sex offender ordinance.
3. A copy of Northglenn's sex offender ordinance.
4. A brief summary of the state law concerning the registration of sex
offenders from the Department of Corrections web site, excerpts of
pertinent provisions of the state law (C.R.S. § 18-3-412.5) and a copy of
§ 18-3-412.5 in its entirety.
We will be available to address any particular questions or concerns you may
have at the study session.
LCM\530271353067.01
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2000
TITLE: AN ORDINANCE AMENDING SECTION 26-5(a) OF THE
WHEAT RIDGE CODE OF LAWS BY AMENDING
DEFINITIONS PERTAINING TO "FAMILY," "FAMILY FOSTER
HOME," "NONPROFIT GROUP HOME," AND "RESIDENTIAL
GROUP HOME."
WHEREAS, the General Assembly has required that sex offenders register
with the local law enforcement agency within seven (7) days of becoming a
temporary or permanent resident within the agency's jurisdiction; and
WHEREAS, a sex offender potentially poses a direct threat to the health and
safety of others, as recognized by the General Assembly and various court
decisions; and
WHEREAS, sex offenders have a high incidence of recidivism; and
WHEREAS, the concentration of sex offenders in a residential zone district
may increase the potential risk of the threat to the health and safety of others.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Family" to read:
Family. One (1) or more persons related by blood,
marriage, adoption, or legal custody plus domestic
servants employed for service on the premises, or a
group of not more than three (3) persons who need not
be so related living together as a single housekeeping
unit. Five (5) people over the age of sixty (60) sharing
one (1) housekeeping unit shall also be deemed to be a
family. Notwithstanding the foregoing, a family shall be
deemed to include four (4) or more persons that are not
related by blood, marriage, adoption, or legal custody
occupying a residential dwelling unit and living as a single
LCM\53027\351782.03
housekeeping unit if the occupants are handicapped
persons as defined in title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act
of 1988, or disabled persons as defined by § 24-34-301,
C.R.S.
A household that includes four (4) or more persons
identified above shall not be excluded from the definition
of "family" by the residence in the household of
additional necessary persons (and their families)
employed in the care and supervision of such
handicapped or disabled persons.
A FAMILY SHALL NOT INCLUDE MORE THAN ONE
PERSON REQUIRED TO REGISTER AS A SEX OFFENDER
PURSUANT TO SECTION 18-3-412.5, C.R.S., AS
AMENDED, UNLESS RELATED BY BLOOD, MARRIAGE,
OR ADOPTION.
Section 2. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Family Foster Home" to read:
Family foster home. A family foster home is a residential
facility which provides twenty-four hour care for up to
four (4) children not related to the caretaker. The ages of
such children may not exceed eighteen (18) years old;
provided, however, that those children placed in a home
or in the custody or jurisdiction of the depaFtmei9t e€
JEFFERSON COUNTY DEPARTMENT OF
HUMAN SERVICES shall be considered a child under this
definition until age twenty-one (21) years old. A FAMILY
FOSTER HOME SHALL NOT INCLUDE MORE THAN ONE
PERSON REQUIRED TO REGISTER AS A SEX OFFENDER
PURSUANT TO SECTION 18-3-412.5, C.R.S., AS
AMENDED.
Section 3. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Nonprofit Group Home" to read:
Nonprofit group home. A group home which is owned
and operated by a person or organization which is exempt
from income taxes pursuant to § 39-22-112 C.R.S. A
NONPROFIT GROUP HOME SHALL NOT INCLUDE MORE
THAN ONE PERSON REQUIRED TO REGISTER AS A SEX
LCM\53027\351782.03 -2-
OFFENDER PURSUANT TO SECTION 18-3-412.5, C.R.S.,
AS AMENDED.
Section 4. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Residential Group Homes" to read:
Residential group homes:
(a) Group Home for Children: This is a residential facility
for five (5) or more children which is licensed by the
Jefferson County See+al SeFVieeS- en
DEPARTMENT OF HUMAN Services for the purpose
of providing up to twenty-four (24) hour care,
supervision and/or training for children under the age
of eighteen (18) years. Those children placed in a
home under the age of eighteen (18) but who remain
in the home after reaching the age of eighteen (18)
shall be considered a child under this definition until
reaching the age of twenty-one (21). Group homes
for children do not include facilities for the placement
of children by the DIVISION OF YOUTH
CORRECTIONS OF THE COLORADO DEPARTMENT
OF HUMAN SERVICES "e th SeFViees Davism"" of
the Department of liqstitut°^°s7 the Mental Health
Division of the
COLORADO DEPARTMENT OF HUMAN SERVICES,
or the Alcohol and Drug Abuse Division of the
COLORADO DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT even if
licensed by Jefferson County Department of Seeial
HUMAN Services. (See section 26-30(P).) A
GROUP HOME FOR CHILDREN SHALL NOT INCLUDE
MORE THAN ONE PERSON REQUIRED TO REGISTER
AS A SEX OFFENDER PURSUANT TO SECTION
18-3-412.5, C.R.S., AS AMENDED.
(b) Group Home for Elderly Persons: This is a residential
facility established as either an owner-occupied or
nonprofit group home for the exclusive use of
persons sixty (60) years of age or older who do not
need skilled and intermediate care facilities, plus no
more than two (2) live-in staff persons employed in
the care and supervision of such elderly persons. A
GROUP HOME FOR ELDERLY PERSONS SHALL NOT
LCM\53027\351782.03 -3-
INCLUDE MORE THAN ONE PERSON REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO
SECTION 18-3-412.5, C.R.S., AS AMENDED.
(c) For purposes of this chapter, "group home" or
"residential group home" shall not include a
household of four (4) or more persons occupying a
residential dwelling unit and living as a single
housekeeping unit if the occupants are handicapped
persons as defined in title III of the Civil Rights Act
of 1968, as amended by the Fair Housing
Amendments Act of 1988, or disabled persons as
defined by § 24-34-301, C.R.S., and such additional
necessary persons (and their families) employed in
the care and supervision of such handicapped or
disabled persons. A GROUP HOME FOR
HANDICAPPED OR DISABLED PERSONS SHALL NOT
INCLUDE MORE THAN ONE PERSON REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO
SECTION 18-3-412.5, C.R.S., AS AMENDED.
Section 5. Compliance. Properties, land uses or activities made
nonconforming by the adoption of this Ordinance must be brought into conformity
with this ordinance or discontinued within 90 days of the effective date hereof.
Section 6. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 7. Severability• Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 8. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
LCM\53027\351782.03 -4-
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2000, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public
Hearing and consideration on final passage set for , 2000, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of 2000.
SIGNED by the Mayor on this day of 2000.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
LCM\53027\351782.03 -5-
JUN-12 00 12:27 FROM:CITY ATTORNEYS OFF 303-431-3933 TO:93033765001 PAGE:02
COUNCIL BILL NO. 00-
ORDINANCE NO.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1324,
OF THE CITY OF ARVADA, COLORADO,
BY AMENDING SUBSECTION 2.7 "F" AND 2.8 "G," OF ARTICLE 2, DEFINITIONS,
PERTAINING TO THE TERMS "FAMILY" AND "GROUP DOME"
WHEREAS, the General Assembly has required that sex offenders register with the local law
enforcement agency within seven (7) days ofbecoming a temporary or permanent resident within the
agency's jurisdiction; and
WHEREAS, a sex offender potentially poses a direct threat to the health and safety of others, as
recognized by the General Assembly and various court decisions; and
WHEREAS, adult sex offenders have a high incidence of recidivism; and
WHEREAS, the concentration of sex offenders, particularly adult sex offenders, in a residential zone
district may increase the potential risk of the threat to the health and safety of others.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ARVADA,COLORADO:
Section 1. Article 2, Definitions, of Zoning Ordinance No. 1324 of the City of Arvada, Colorado, is
hercby amended by adding subsection D to the definition of "Family" within Section 2.7, "F", to read
as follows:
Section 2.7 ":F"
FAMILY
A. An individual or two or more persons related by blood, marriage, or adoption, living
together as a single household unit; or
B. A group of not more than five persons not necessarily related by blood, marriage or
adoption, living together as a single household unit.
C.
D.
A family foster home, licensed by the State of Colorado, or certified by the Jefferson
County Department of Human services or Adams County Department of Social
Services, or a state-licensed child placement agency, and having no more than four
foster children, shall also be considered a family,
JUN-12 ee 12:27 FROM:CITY ATTORNEYS OFF 303-431-3933 70:93033765001 PRGE:03
within City oo~gda, Colloraddoo,is "G", to re as
Section Article 2, Definitions, of Zoning Ordinance No' 1324 of the
hereby amended by amending the definition of "Group
follows:
Section 2.8 G"
GROUP HOME
A facility in which six or more individuals, who are not capable of living independently, can
live together and receive supportive services and are supervised by persons who live in the
residence. A Group Horne shall have not more than twelve residents, including supervisory
personnel, except as otherwise provided by this ordinance. This definition shall not include
group homes for adult offenders, which are not allowed in any zoning district. In addition, 4
w,,,.. ch%lrririnclude more than. one erson requiredto renstcr as asex offender
ptitSIlBrtLIO.,l'eenatrFa J-'frG.J,~.+~•~•n ~+°-'r"---~-----~...
the event a group living arrangement for handicapped persons does not meetthe definition o
"group home" as contained herein, but requires reasonable accommodation pursuant to the
Fair Housing Amendments Act of 1988 (42 U.S.C.§ 3601 et se : , such group living
arrangement shall not include more than one person required to register as a sex offender
pursuant to Section 18-3-412.5, C.R.S., as amended, except as otherwise provided herein.
Section 3. Article 2, Definitions, of Zoning Ordinance No. 1324 of the City of Arvada, Colorado, is
hereby amended by amending the definition of "Group Home for Juvenile Offenders" within section
2.8 "G", to read as follows:
Section 2.8 "G"
GROUP HOME FOR JUVENILE OFFENDERS
A facility licensed or certified by the State of Colorado, housing residents placed by the
Jefferson County Department of Human Services or Adams County Department of Social
Services or the Colorado Department of Human Services, Division ofYouth Corrections, for
purposes of rehabilitation, special care, supervision, or treatment for social, behavioral, or
disciplinary problems. A group home for juvenile offenders shall not have more than 14
persons plus additional required staff, shall have a minimum of 1,000 square feet of lot area
per group home occupant, and shall not include more than one person required to register as
a sex offender pursuant to Section 18-3-412.5, C.R.S., as amended. In addition, such group--.--r
:home shall have in place adequate 24-hour on-site su ep rvision and security, approved by the
Tva 4 IIiiec o~r ofPlanning and the Chief of Police, with input from the.placing agency.
Section 4. Article 2, Definitions, of Zoning Ordinance No. 1324 of the City of Arvada, Colorado, is
hereby amended by amending the definition of "Group Home for Developmentally Disabled
Persons" within Section 2.8 "G", to read as follows:
2
JUN-12 00 12:28 FRCM:CITY ATTORNEYS OFF 303-431-3933 TO:93=G5001 PAGE:04
Section 2.8 "G"
GROUP HOME FOR DEVELOPMENTALLY DISABLED PERSONS
A state-licensed facility serving not more than eight persons exclusively for the care of
persons with developmental disabilities, as defined and regulated by the Colorado
Department of Human Services, Division for Developmental Disabilities Services, and the
Colorado Department of Public Health and Environment. A group home for
developmentally disabled persons shall not include more than one person required to register
as a sex offender pursuant to Section 18-3-412.5, C.R.S., as amended.
Section 5. Article 2, Definitions, of Zoning Ordinance No. 1324 of the City ofArvada, Colorado, is
hereby amended by amending the definition of "Group Home for Elderly Persons" within Section 2.8
"G" to read as follows:
Section 2.8 "G"
GROUP HOME FOR ELDERLY PERSONS
A residential facility of up to eight persons 60 years of age or older who do not require
medical attention associated with a residential health care facility. Group living quarters for
elderly persons shall be either: (1) licensed as a personal care boarding home or alternative
care facility by the Colorado Department of Public Health and Environment; or (2) certified
as an adult foster care facility by the Jefferson County Department of Human Services or
Adams County Department of Social Services. A group home-for elderly persons shall not
include more than one person required to register as a sex offender pursuant to Section. 18-3-,
41:2.5; E.R.S., as amended.
Section 6. Article 2, Definitions, of Zoning Ordinance No. 1324 of the City of Arvada, Colorado, is
hereby amended by amending the definition of "Group Home for Mentally Ill Persons" within
Section 2.8 "G", to read as follows:
Section 2.8 "G"
GROUP HOME FOR MENTALLY ILL PERSONS
A state licensed facility serving not more than 8 persons exclusively for the care of persons
with mental illness, as defined and regulated by the Colorado Department of Public Health
and Environment. A group home for mentally ill persons shall not include more than one
person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., as
amended.
Section 7. Properties, land uses, or activities made nonconforming by the adoption of this ordinance
JUN-12 00 12:28 FROM:CITY RTTORNEYS OFF 303-431-3933 TO:93=65001 PPGE:e5
must be brought into conformity with this ordinance or discontinued within 90 days of the effective
date hereof, except as to a Group Home for Juvenile Offenders, which must be brought into
conformity or discontinued within 180 days of the effective date hereof.
Section 8. This ordinance shall take effect five (5) days after publication following final passage.
TNTRODUCED, READ, AND ORDERED PUBLISHED this _ day of . 2000.
AMENDED, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this, day
of 2000.
Ken Fellman, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Publication Dates:
4
JUN-12 00 12:51 FROM:CITY ATTORNEYS OFF 303-431-3933 TO:93033765001
-APR 07 '00 08:15AM HAYES PHILLIPS MRLOWY
SPONSORE_ BY Councilwoman Novak
COUNCILMAN'S BILL ORDINANCE NO.
No. CB-1333 1268
Series of 2000 Series of 2000
PAGE: 25
r.:3/4
A BILL FOR AN, MERGENCY ORDINANCE AMENDING SECTION 11-5-2,
SUBSECTIONS (b)(58) A ECTION 11-30-3, SUBSECTION (m), SECTION i 1-
30-6. AND SECTION 11-36-1, SUBSECTION (b), OF THE CITY OF NORTHGLENN
ZONING ORDINANCE TO PROHIBIT REGISTERED SEX OFFENDERS FROM LIVING
TOGETHER IN RESIDENTIAL ZONES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTHGLENN,
COLORADO,THAT:
Sectlon I. Legislative Findings. The City Council hereby finds and determines that it is
in the best interests of the health, safety and welfare of the citizens of the City of Northglenn that
no more than one individual who is required to register as a sex offender under the provisions a f
C.R.S. § 18-3.412.5; as amended shall live in the same residence, except if two individuals are
related by marriage.
Specifically, the City Council finds and determines that persons required to register as sex
offenders when living together create a public safety risk to those living in their community.
The City Council further finds and determines that registered sex offenders have a high
incidence of recidivism, and that having such individuals living together may increase the
instance of recidivism.
The City Council further finds and determines that because of thv public safety risk
associated with the grouping of registered sex offenders in one residence and neighborhood, the
provisions of this ordinance's ou tae effect immediately, and that such grou ins o
registered sex offenders should not a su redo-thee nonconforming use provisions of Section
amortization period is necessary in this regard since the restrictions contained herein do not
The City Council makes these findings and determinations fully cognizant of theMature
of the restrictions being imposed, based on the danger to the community created by concentrating
sex offenders into residential groups'.
Sectlon 2. Section 11-5-2, subsections (b)(58) and (b)(65) of the Zoning Ordinance of
the City of Northglenn are hereby amended to read as follows:
(5 as lI group of persons related by blood, marriage, or adoption, living together.
and na , but not always consisting of one or two parents and their children, or
jamobo
4ASU OFFEND£R•EWA. DOC
SUN-12 00 12:51 FROM:CITY ATTORNEYS OFF 303-431-3933
APR 07 '00 M TERM HAYES PHILLIPS MPLONEY
persons living together in the relationship and f
family who may not necessarily be relate
household, or a grostp of not men tlt foul
dwelling unit, except that a family shall not inc
TO:93033765001 PAGE:26
P.4i4
2r the purpose of guardian, ward, or foster
5blood or marriage to the head of the
unrelated persons living to et e n a
We nttil'effidW`dife . tvi ual, or tw S
(65~Grou u home designated by a court or the Adams County Welfare
Depa or a State of Colorado to accommodate for compensation from five (5) to
ten (10) children under, the age of sixteen (16) or from tree (3) to ten (in) prof
any aee, except that suc a ome shall not include more than one individua, who. is
urrea_ta..fealarae ac..n 'F'-,,,~.~,,,,der et,e .+.ovis o _18-3-412.5, as
amen~c
Section 3. Section 11-30-3, subsection (m) of the Zoning Ordinance of the City of
Notthglenn is hereby amended by the addition of a new subsection (mx5) to read as follows:
(m)(5) No more than one individual who is required to register er under
the provisions of C.R.S. 18-3-412.5, as amended, shall reside ' group quarters orated
in a residential zone.
Section . Section 11-36.1 is amended by the addition ofa new subsection (b)(3), to read
as fiollows:
(b)(3) This section shall not apply to any restriction on the number ofpersons registered
as sex offenders pursuant to C.R.S. § 18-3-412.5, as amended, who may reside at any
Lresidenee,
. Section 5. The City Council finds and determines that this ordinance is necessary for the
immediate preservation of public property, health, peace, or safety in that the existence of sex
offenders residing together is an immediate public saft:ty risk. Accordingly, pursuant to Section 4.11
of the Northglenn City Charter, this ordinance shall take effect immedlately upon. enactment.
PASSED ON FIRST AND FINAL READING thhjV day of 2000
D.L, PARSONS, Mayor
ATTEST:
DIANA L. LENTZ, Ci rk
APPROVED AS TO FORM: ,
C Q
HERBERT C, PHILLIPS, City Attorney
2
1127/2000
A; ks"OFFENDER-EMER.DOC
Learn About The Specific Offender
Lave Enforcement Registration Notification Sex
Offender Registration
Page 2 of 3
Per Colorado Revised Statute 18-3-412.5, any offender convicted of a
crime for which the factual basis was a sex offense must sign a notification to
register. The offender must give the Colorado Department of Corrections an
address where he plans to reside. Upon receiving this information, the
address is confirmed by the Sex Offender Registration Coordinator with the
help of local law enforcement. Not only must the address be valid, but the
offender must have permission to live there by the other occupants of the
address.
Prior to discharge, a profile packet is compiled and distributed to the law
enforcement agency in the jurisdiction where the offender will be residing and
required to register. The purpose of this is to enhance law enforcement
agencies in their efforts to protect their communities. When an offender
moves, he is required to put in a change of address at the agency where he
was registered. That agency will then alert the agency in the new jurisdiction
that the offender will be moving to their area and must register.
Offenders are responsible for registration and failure to register can result
in legal consequences for them. They may, after a length of time specified
according to their offense, petition to the court to have their name removed
from the sex offender registry. The laws regarding sex offender registration
change annually and interested parties need to check the recent statutes for
the current requirements.
http://www.doc.state.co.us/sex%200ffenders/sexuaNstory.htm 7/12/2000
Excerpts from C.R.S. Section 18-3-412.5.
Sex Offenders - duty to register - penalties.
Duty to Register:
(1)(b) ...any person who is convicted in the state of Colorado of an offense involving
unlawful sexual behavior or for which the factual basis involved an offense involving
unlawful sexual behavior as defined in this subsection (1) and any person who has been
convicted on and after July 1, 1994, in any other state or jurisdiction of an offense that, if
committed in the state of Colorado, would constitute an offense involving unlawful
sexual behavior as defined in this subsection (1) or any person who is released from the
custody of the department of corrections having completed serving a sentence for an
offense involving unlawful sexual behavior or for which the factual basis involved an
offense involving unlawful sexual behavior as defined in this subsection (1) shall be
required to register in the manner prescribed in subsection (3) of this section.
(2)(a)(1) Probation and parole officers, appropriate county jail personnel, and
appropriate personnel with the department of corrections and the department of human
services shall require any offender described in subsection (1) of this section who is
under their jurisdiction to sign a notice that informs the offender of the duty to register
with local law enforcement agencies in accordance with this section.
(3)(a) Each person who is required to register pursuant to subsection (1) of this section,
within seven calendar days of becoming a temporary or permanent resident of any city,
town, county, or city and county in the state of Colorado, and annually thereafter on the
person's birth date or the first business day after the person's birth date so long as the
person resides in the city, town, county, or city and county, shall register with the local
law enforcement agency in the place of such person's temporary or permanent
residence by completing a registration form provided to such person by the local law
enforcement agency. Such registration form shall contain such information regarding
such person as shall be required by the local law enforcement agency pursuant to
subsection (5) of this section.
Continuing Duty to Maintain Registration:
(3)(c) Any person who is required to register pursuant to subsection (1) of this section
shall be required to register each time such person:
(1) Changes such person's temporary or permanent address, regardless of
whether such person has moved to a new address within the jurisdiction of the
law enforcement agency with which such person previously registered;
(II) Legally changes such person's name.
LCM\53027\353091.01
Duration of Registration Requirement:
The requirement for registration by a sex offender is ongoing, unless the sex offender
petitions the district court for an order that discontinues the registration requirement in
accordance with the following and provided the sex offender has not been subsequently
convicted of any offense involving unlawful sexual behavior.-
(7) (a) Any person required to register pursuant to subsection (1) or (3.5) of this section
may petition the district court for an order that discontinues the requirement for such
registration as follows:
(1) if the offense that required such person to register constituted or would
constitute a class 1. 2, or 3 felony, after a period of twenty years from the date
of such person's final release from the jurisdiction of the court for such
offenses...
(II) if the offense that required such person to register constituted or would
constitute a class 4. 5, or 6 felony or the class 1 misdemeanor of sexual assault
in the third degree as described in section 18-3-404, after a period of ten years
from the date of such person's final release from the jurisdiction of the court for
such offense...
(III) if the offense that required such person to register constituted or would
constitute a misdemeanor other than the class 1 misdemeanor of sexual
assault in the third degree as described in section 18-3-404, after a period of
five years from the date of such person's final release from the jurisdiction of
the court for such offense...
(1~ If the person was required to register due to being placed on a deferred
judgment and sentence or a deferred adjudication for any of the offenses
specified in subsection (1) of this section, after the successful completion of the
deferred judgment and sentence or deferred adjudication and dismissal of the
case,...
(V) If the person was less than sixteen years of age at the time of adjudication,
after the successful completion of an discharge from the sentence,...
-2-
CRSA § 18-3-412.5, Sex offenders--duty to register--penalties
*32698 C.R.S.A.§ 18-3-412.5
WEST'S COLORADO REVISED
STATUTES ANNOTATED
TITLE 18. CRU IINAL CODE
ARTICLE 3. OFFENSES AGAINST
THE PERSON
PART 4. UNLAWFUL SEXUAL
BEHAVIOR
Current through End of 19991st Reg. Sess.
§ 18-3-412.5. Sex offenders--duty to
register--penalties
(1)(a) Effective July 1, 1998, the following
persons shall be required to register pursuant to
the provisions of subsection (2) of this section
and shall be subject to the requirements and other
provisions specified in this section:
(I) Any person who was convicted on or after
July 1, 1991, in the state of Colorado, of an
unlawful sexual offense, as defined in section
18-3-411(1), or enticement of a child, as
described in section 18-3-305;
(If) Any person who was convicted on or after
July 1, 1991, in another state or jurisdiction of an
offense that, if committed in Colorado, would
constitute an unlawful sexual offense, as defined
in section 18-3-411(1), or enticement of a child,
as described in section 18-3-305; and
(121) Any person who was released on or after
July 1, 1991, from the custody of the department
of corrections having served a sentence for an
unlawful sexual offense, as defined in section
18-3-411(1), or enticement of a child, as
described in section 18-3-305.
(b) On and after July 1, 1994, any person who is
convicted in the state of Colorado of an offense
involving unlawful sexual behavior or for which
the factual basis involved an offense involving
unlawful sexual behavior as defined in this
subsection (1) and any person who has been
convicted on and after July 1, 1994, in any other
state or jurisdiction of an offense that, if
committed in the state of Colorado, would
constitute an offense involving unlawful sexual
Page 1
behavior as defined in this subsection (1) or any
person who is released from the custody of the
department of corrections having completed
serving a sentence for an offense involving
unlawful sexual behavior or for which the factual
basis involved an offense involving unlawful
sexual behavior as defined in this subsection (1)
shall be required to register in the manner
prescribed in subsection (3) of this section. For
purposes of this section, "unlawful sexual
behavior" means any of the following offenses or
criminal attempt, conspiracy, or solicitation to
commit any of the following offenses:
*32699 (I) Sexual assault in the first degree, in
violation of section 18-3-402;
(I1) Sexual assault in the second degree, in
violation of section 18-3-403;
(III) Sexual assault in the third degree, in
violation of section 18-3-404;
(IV) Sexual assault on a child, in violation of
section 18-3-405;
(V) Sexual assault on a child by one in a
position of trust, in violation of section
18-3-405.3;
(VI) Sexual assault on a client by a
psychotherapist, in violation of section
18-3-405.5;
(VII) Enticement of a child, in violation of
section 18-3-305;
(VIII) Incest, in violation of section 18-6-301;
(IX) Aggravated incest, in violation of section
18-6-302;
(X) Trafficking in children, in violation of
section 18-6-402;
(XI) Sexual exploitation of children, in violation
of section 18-6-403;
(XII) Procurement of a child for sexual
exploitation, in violation of section 18-6-404;
(ME) Indecent exposure, in violation of section
Copyright (c) West Group 2000 No claim to original U.S. Govt. works
CRSA § 18-3-412.5, Sex offenders--duty to register--penalties
18-7-302;
(XIV) Soliciting for child prostitution, in
violation of section 18-7-402;
(XV) Pandering of a child, in violation of
section 18-7-403;
(XVI) Procurement of a child, in violation of
section 18-7-403.5;
(XVII) Keeping a place of child prostitution, in
violation of section 18-7-404;
(XVIII) Pimping of a child, in violation of
section 18-7-405;
(XI)X) Inducement of child prostitution, in
violation of section 18-7-405.5;
(XX) Patronizing a prostituted child, in
violation of section 18-7-406;
(XXI) to (XXIII) Deleted by Laws 1999, Ch.
286, § 6, eff. July 1, 1999.
(c) For purposes of this section, "convicted"
includes having pleaded guilty or nolo contendere
and having received a deferred judgment and
sentence or a deferred adjudication.
(d) In addition to the persons specified in
paragraphs (a) and (b) of this subsection (1), any
person convicted prior to July 1, 1994, of an
offense in any other state or jurisdiction that, if
committed in this state, would have constituted
unlawful sexual behavior and who, as a result of
the conviction, is required to register in the state
or jurisdiction of conviction, shall be required to
register in the manner specified in subsection (3)
of this section so long as such person is a
temporary or permanent resident of Colorado.
Such person may petition the court for an order
that discontinues the requirement for registration
in this state at the times specified in subsection
(7) of this section for offense classifications that
are comparable to the classification of the offense
for which the sex offender was convicted in the
other state or jurisdiction.
-32700 (2)(a)(1) Probation and parole officers,
appropriate county jail personnel, and appropriate
Page 2
personnel with the department of corrections and
the department of human services shall require
any offender described in subsection (1) of this
section who is under their jurisdiction to sign a
notice that informs the offender of the duty to
register with local law enforcement agencies in
accordance with this section.
(II) Department of corrections personnel and
department of human services personnel shall
require any offender described in subsection (1)
of this section to specify, at least five days prior
to release into the community, the address at
which the offender plans to reside upon release.
Prior to release of said offender, department of
corrections personnel or department of human
services personnel, whichever is appropriate, in
cooperation with local law enforcement officers,
shall verify that the address is a residence, that
the occupants or owners know of the offender's
history of unlawful sexual behavior, and that the
occupants or owners have agreed to allow the
offender to reside at the address. If the offender
is being released on parole, department personnel
shall also verify that the address complies with
any conditions imposed by the parole board.
(III) If, on verifying the address provided by an
offender, department personnel determine that the
address is not a residence, that the owners or
occupants are not aware of the offender's history
of unlawful sexual behavior, that the owners or
occupants have not agreed to allow the offender
to reside at the address, or that the address
violates the offender's conditions of parole, the
offender shall be deemed to have provided false
information to department personnel concerning
the address at which the offender plans to reside
upon release.
(b) A judge or magistrate shall require any
offender described in subsection (1) of this
section who is under the judge's or magistrate's
jurisdiction and who is not sentenced to the
department of corrections, to probation, or to a
county jail to sign a notice that informs the
offender of the duty to register with local law
enforcement agencies in accordance with this
section.
(c) The persons specified in paragraphs (a) and
(b) of this subsection (2), after obtaining a signed
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CRSA § 18-3-412.5, Sex offenders--duty to register--penalties
notice from an offender, shall notify local law
enforcement agencies of the jurisdiction in which
the offender plans to reside of the offender's
address within forty-eight hours after an offender
has been placed on parole or probation or
otherwise released into the community when such
an address is provided in the signed notice.
Department of corrections personnel shall
provide such notice no later than two days before
the offender is to be released front the department
of corrections. In providing notice, the persons
specified in paragraphs (a) and (b) of this
subsection (2) may also provide additional
information concerning the offender, including
but not limited to any information obtained in
conducting the assessment to determine whether
the offender may be subject to community
notification pursuant to section 16-13-903, C.R.S.
*32701 (3)(a) Each person who is required to
register pursuant to subsection (1) of this section,
within seven calendar days of becoming a
temporary or permanent resident of any city,
town, county, or city and county in the state of
Colorado, and annually thereafter on the person's
birth date or the first business day after the
person's birth date so long as the person resides in
the city, town, county, or city and county, shall
register with the local law enforcement agency in
the place of such person's temporary or
permanent residence by completing a registration
form provided to such person by the local law
enforcement agency. Such registration form shall
contain such information regarding such person
as shall be required by the local law enforcement
agency pursuant to subsection (5) of this section.
(b) Persons who reside within the corporate
limits of any city, town, or city and county shall
register at the office of the chief of police of such
city, town, or city and county. Persons who
reside outside of the corporate limits of any city,
town, or city and county shall register at the
office of the county sheriff of the county where
such person resides.
(c) Any person who is required to register
pursuant to subsection (1) of this section shall be
required to register each time such person:
(1) Changes such person's temporary or
permanent address, regardless of whether such
Page 3
person has moved to a new address within the
jurisdiction of the law enforcement agency with
which such person previously registered;
(II) Legally changes such person's name.
(d) Upon moving to a new jurisdiction within
this state or to another state, any person who is
required to register pursuant to subsection (1) of
this section shall notify the local law enforcement
agency of the jurisdiction from which the person
moved by completing a written form of change of
residency, available from the local law
enforcement agency. At a minimum, the change
of residency form shall indicate the person's
previous residential address and the person's new
residential address. The person shall file the
change of residency form within seven days after
moving to a new jurisdiction. If the person
moves to another state, the local law enforcement
agency of the jurisdiction in this state from which
the person moved shall promptly notify the
agency responsible for registration in the new
state.
(3.5)(a) Within seven calendar days after
becoming a temporary or permanent resident of
any city, town, county, or city and county in the
state of Colorado, and quarterly thereafter so long
as the person resides in the city, town, county, or
city and county, each person who is sentenced as
a sexually violent predator pursuant to section
18-3-414.5, shall register with the local law
enforcement agency in the place of such person's
temporary or permanent residence by completing
a registration form provided to such person by the
local law enforcement agency. The registration
form shall contain such information regarding the
person as shall be required by the local law
enforcement agency pursuant to subsection (5) of
this section.
*32702 (b) Persons who reside within the
corporate limits of any city, town, or city and
county shall register at the office of the chief of
police of such city, town, or city and county.
Persons who reside outside of such corporate
limits shall register at the office of the county
sheriff of the county where the person resides.
(c) Each person who is sentenced as a sexually
violent predator pursuant to section 18-3-414.5
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CRSA § 18-3-412.5, Sex offenders--duty to register--penalties
shall be required to register each time the person:
(I) Changes his or her temporary or permanent
address, regardless of whether the person has
moved to a new address within the jurisdiction of
the law enforcement agency with which the
person previously registered;
(II) Legally changes his or her name.
(d) Deleted by Laws 1998, Ch. 139, § 1, eff.
April 21, 1998.
(4)(a) Any person who is required to register
pursuant to subsection (1) or (3.5) of this section
and who commits any of the acts specified in this
paragraph (a) commits the offense of failure to
register as a sex offender:
(I) Failure to register pursuant to this section;
(11) Submission of a registration form
containing false information;
(III) If the person has been incarcerated or
committed due to conviction of or adjudication
for an offense specified in subsection (1) of this
section, failure to provide notice of the address
where the person plans to reside upon release to
department of corrections personnel or
department of human services personnel,
whichever is appropriate, at least five days prior
to release from the department of corrections or
the department of human services;
(111.5) Knowingly providing false information to
department of corrections personnel or
department of human services personnel
concerning the address where the person plans to
reside upon release from either the department of
corrections or the department of human services.
Providing false information shall include, but is
not limited to, providing false information as
described in paragraph (a) of subsection (2) of
this section.
(IV) Failure when registering to provide the
person's current name and any former names;
(V) Failure to reregister with the local law
enforcement agency in the place of the person's
temporary or permanent residence within seven
Page 4
days after the effective date of a name change.
(b) Failure to register as a sex offender is a class
2 misdemeanor; except that, in addition to any
other penalty provided by section 18-1-106, a
person shall be sentenced to a ninety-day
mandatory minimum jail sentence. Any second
or subsequent offense is a class 6 felony; except
that, in addition to any other penalty provided by
section 18-1-105, a person shall be sentenced to a
one-year mandatory minimum sentence to the
department of corrections.
*32703 (c) Any juvenile adjudicated for the
delinquent act of failure to register as a sex
offender shall be sentenced to a forty-five-day
mandatory minimum detention sentence. Any
juvenile adjudicated for the class 6 felony offense
of failure to register as a sex offender shall be
placed or committed out of the home for not less
than one year.
(5) Each local law enforcement agency in the
state of Colorado shall prepare registration forms
to be utilized to comply with this section. Such
forms shall be used to register persons pursuant
to this section. The forms shall provide that the
persons required to register pursuant to this
section disclose such information as required by
the local law enforcement agency. The
information required by the local law
enforcement agency shall include, but need not
be limited to:
(a) The name, address, and place of employment
of the person required to register;
(b) All names used at any time by the person
required to register, including both aliases and
legal names.
(6)(a) Upon receipt of any registration form
pursuant to this section, the local law
enforcement agency shall retain a copy of such
form and shall report that registration to the
Colorado bureau of investigation in the manner
and on a form prescribed by the director of the
Colorado bureau of investigation. The director of
the Colorado bureau of investigation shall
establish a central registry of persons required to
register pursuant to this section as soon as
computerized resources are available.
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CRSA § 18-3-412.5, Sex offenders--duty to register--penalties
(b) The forms completed by persons required to
register pursuant to this section shall be
confidential and shall not be open to inspection
by the public or any person other than a law
enforcement agency, except as provided in
paragraph (b.5) of this subsection (6) and
subsections (6.5) and (6.7) of this section.
(b.5) Pursuant to a request for a criminal history
check under the provisions of part 3 of article 72
of title 24, C.R.S., the Colorado bureau of
investigation may inform the requesting party as
to whether the person who is the subject of the
criminal history check is on the central registry of
persons required to register pursuant to this
section.
(c) The Colorado criminal justice information
system, established in article 20.5 of title 16,
C.R.S., shall develop an interactive data base
system for the purpose of querying and entering
sex offender's registration status, known names,
known addresses, and modus operandi. The
system shall be accessible through the Colorado
crime information center to law enforcement
agencies, the department of corrections, the
judicial department, and each district attorney's
office. At a minimum, the system shall build in
cross validation of the offender's known names
and known addresses with information
maintained by the department of revenue
concerning driver's licenses and identification
cards issued under article 2 of title 42, C.R.S.
Discrepancies between the known names or
known addresses listed in the system and the
department of revenue shall be reported through
the Colorado crime information center to the
local law enforcement agency that has
jurisdiction over the location of the offender's
last-known address.
*32704 (d) Upon development of the interactive
data base system specified in paragraph (c) of this
subsection (6), personnel in the judicial
department, the department of corrections, and
the department of human services shall be
responsible for entering and maintaining in the
interactive data base system the information
specified in paragraph (c) of this subsection (6)
for persons in their legal or physical custody.
Each local law enforcement agency shall be
responsible for entering and maintaining in the
Page 5
interactive data base system the information for
persons registered with the agency who are not in
the physical or legal custody of the judicial
department, the department of corrections, or the
department of human services.
(6.5)(a) The general assembly finds that persons
convicted of offenses involving unlawful sexual
behavior have a reduced expectation of privacy
because of the public's interest in public safety.
The general assembly further finds that the public
must have limited access to information
concerning persons convicted of offenses
involving unlawful sexual behavior that is
collected pursuant to this section to allow them to
adequately protect themselves and their children
from these persons. The general assembly
declares, however, that, in making this
information available on a limited basis to the
public, it is not the general assembly's intent that
the information be used to inflict retribution or
additional punishment on any person convicted of
an offense involving unlawful sexual behavior.
(b) When necessary for public protection, a
local law enforcement agency shall release
information regarding any person registered with
the local law enforcement agency pursuant to this
section to any person residing within the local
law enforcement agency's jurisdiction. Any
person requesting information pursuant to this
paragraph (b) shall show proper identification or
other proof of residence.
(c) A local law enforcement agency shall release
information regarding any person registered with
the local law enforcement agency pursuant to this
section to any person living outside the local law
enforcement agency's jurisdiction when necessary
for public protection and upon request and
demonstration of a need to know. In determining
whether the person has demonstrated a need to
know, the local law enforcement agency shall, at
a minimum, consider the nature and extent of the
person's presence or the presence of the person's
immediate family in the local law enforcement
agency's jurisdiction. For purposes of this
subsection (6.5), "immediate family" includes the
person's spouse and the person's parent,
grandparent, sibling, or child.
(d) Information released pursuant to paragraph
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CRSA § 18-3-412.5, Sex offenders--duty to register--penalties
(b) or (c) of this subsection (6.5) may include
basic identification information regarding the
registrant, including a photograph if readily
available, and a history of the convictions
resulting in the registrant being required to
register pursuant to this section.
(6.7) On and after September 1, 1996, prior to
employing any person, a nursing care facility or
the person seeking employment at a nursing care
facility shall make an inquiry to the director of
the Colorado bureau of investigation or to private
criminal background check companies authorized
to do business in the state of Colorado to
ascertain whether such person has a criminal
history, including arrest and conviction records.
The Colorado bureau of investigation or private
criminal background check companies are
authorized to utilize fingerprints to ascertain from
the federal bureau of investigation whether such
person has a criminal history record. The nursing
care facility or the person seeking employment in
a nursing care facility shall pay the costs of such
inquiry. The criminal background check shall be
conducted not more than ninety days prior to the
employment of the applicant. For purposes of
this section, criminal background check
companies shall be approved by the state board of
nursing. In approving such companies, approval
shall be based upon the provision of lawfully
available, accurate, and thorough information
pertaining to criminal histories, including arrest
and conviction records. As used in this
subsection (6.7), "nursing care facility" includes,
but is not limited to:
*32705 (a) A nursing facility as defined in
section 26-4-103(11), C.R.S.;
(b) An intermediate nursing facility for the
mentally retarded as defined in section
26-4-103(8), C.R.S.;
(c) An adult day care facility as defined in
section 26-4-603(1), C.R.S.;
(d) An alternative care facility as defined in
section 26-4-603(3), C.R.S.;
(e) Any business that provides temporary
nursing care services or that provides personnel
who provide such services.
Page 6
(7)(a) Any person required to register pursuant
to subsection (1) or (3.5) of this section may
petition the district court for an order that
discontinues the requirement for such registration
as follows:
(1) Except as otherwise provided in
subparagraphs (IV) and (V) of this paragraph (a),
if the offense that required such person to register
constituted or would constitute a class 1, 2, or 3
felony, after a period of twenty years from the
date of such person's final release from the
jurisdiction of the court for such offense, if such
person has not subsequently been convicted of
any offense involving unlawful sexual behavior;
(II) Except as otherwise provided in
subparagraphs (IV) and (V) of this paragraph (a),
if the offense that required such person to register
constituted or would constitute a class 4, 5, or 6
felony or the class 1 misdemeanor of sexual
assault in the third degree as described in section
18-3-404, after a period of ten years from the date
of such person's final release from the jurisdiction
of the court for such offense, if such person has
not subsequently been convicted of any offense
involving unlawful sexual behavior;
(III) Except as otherwise provided in
subparagraphs (IV) and (V) of this paragraph (a),
if the offense that required such person to register
constituted or would constitute a misdemeanor
other than the class 1 misdemeanor of sexual
assault in the third degree as described in section
18-3-404, after a period of five years from the
date of such person's final release from the
jurisdiction of the court for such offense, if such
person has not subsequently been convicted of
any offense involving unlawful sexual behavior;
(IV) If the person was required to register due to
being placed on a deferred judgment and sentence
or a deferred adjudication for any of the offenses
specified in subsection (1) of this section, after
the successful completion of the deferred
judgment and sentence or deferred adjudication
and dismissal of the case, if the person prior to
such time has not been subsequently convicted of
any offense involving unlawful sexual behavior;
*32706 (V) If the person was less than sixteen
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CRSA § 18-3-412.5, Sex offenders--duty to register--penalties
years of age at the time of adjudication, after the
successful completion of and discharge from the
sentence, if the person prior to such time has not
been subsequently convicted of any offense
involving unlawful sexual behavior. Any person
petitioning pursuant to this subparagraph (V) may
also petition for an order removing his or her
name from the registry maintained pursuant to
subsection (6) of this section. In determining
whether to grant the order, the court shall
consider whether the person is likely to commit a
subsequent sexual offense. The court shall base
its determination on recommendations from the
person's probation or parole officer, the person's
treatment provider, and the prosecuting attorney
for the jurisdiction in which the person was
adjudicated and on the recommendations
included in the person's presentence
investigation.
(b) In filing a petition pursuant to this
subsection (7), the petitioner shall identify the
local law enforcement agency with which the
petitioner is required to register. Upon the filing
of the petition, the court shall set a date for a
hearing and shall notify the local law
enforcement agency identified by the petitioner
and the prosecuting attorney for the jurisdiction
in which the local law enforcement agency is
located. If the court enters an order discontinuing
the petitioner's duty to register, the petitioner
shall send a copy of the order to the local law
enforcement agency and the Colorado bureau of
investigation.
(8) The provisions of this section shall apply to
any person adjudicated as a juvenile based on the
commission of any act described in subsection (1)
of this section or who receives a deferred
adjudication based on commission of any of said
acts; except that, with respect to subparagraphs
(I) to (V) of paragraph (a) of subsection (7) of
this section, a person may petition the court for
an order to discontinue the duty to register as
provided in those subparagraphs but only if the
person has not subsequently been adjudicated as a
juvenile or convicted of any offense involving
unlawful sexual behavior. In addition, the duty to
provide notice to an offender of the duty to
register, as set forth in subsection (2) of this
section, shall apply to juvenile parole and
probation officers and appropriate personnel of
Page 7
the division of youth corrections in the
department of human services.
(9) State agencies and their employees and local
law enforcement agencies and their employees
are immune from civil or criminal liability for the
good faith implementation of this section.
CREDIT(S)
1999 Main Volume
Added by Laws 1991, S.B.91-96, § 1, eff. April 17, 1991.
Repealed and reenacted by Laws 1994, HB.94-1192, § 1,
eff. July 1, 1994. Amended by Laws 1995, HB.95-1044, §
16, off. July 1, 1995; Laws 1995, HB.95-1202, § 1, eff. June
5, 1995; Laws 1996, HB.96-1005, § 25, eff. Jan. 1, 1997;
Laws 1996, HB.96-1181, § 5, off. July 1, 1996; Laws 1997,
HB.97-1077, § 19, eff. July 1, 1997; Laws 1997,
HB.97-1084, § 1, eff. March 31, 1997; Laws 1997,
HB.97-1145, 6, 7, eff. July 1, 1997; Laws 1997,
S.B.97-84, § 9, eff. July 1, 1997; Laws 1998, Ch. 139, § 1,
eff. April 21, 1998.
2000 Electronic Pocket Part Update
*32707 Amended by Laws 1999, Ch. 215, § 19, eff. July 1,
1999; Laws 1999, Ch. 286, 2, 6, 13, 14, 19, 20, 21, eff.
July 1, 1999.
<General Materials (GM) - References,
Annotations, or Tables>
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
2000 Electronic Pocket Part Update
Laws 1999, Ch. 215, § 19, in par. (4)(a), in the
introductory portion, inserted "or (3.5)".
For effective date and applicability provisions of Laws
1999, Ch. 215, see the Historical and Statutory Notes
following § 18-1-105.
Laws 1999, Ch. 286, 2, 6, 13, 14, 19 to 21, in subpar.
(1)(a)(II), inserted "or jurisdiction"; in par. (1)(b), in the
introductory portion, in the first sentence, inserted "or
jurisdiction", and in the second sentence, substituted "means
any of the following offenses or criminal attempt,
conspiracy, or solicitation to commit any of the following
offenses" for "is defined as"; deleted subpars. (1)(b)(XXI) to
(1)(b)(XXIII), which read:
"(XXI) Criminal attempt, conspiracy, or solicitation to
commit any of the offenses specified in subparagraphs (I) to
(XX) of this paragraph (b);
Copyright (c) West Group 2000 No claim to original U.S. Govt. works
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i
Nhite
ctrve
- _.__.w.__.....-.....-_-_
1 I
mend code re:
residential group homes
or registered sex
offenders
i
PC - 8/3/00
CC
CC--8/28/00
L
Conditions of Approval:
District:
Date Received: 7/14/2000
Pre-App Date: