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Gina London: Release of sex offenders in Colorado

Gina London

Colorado's Department of Corrections, following a court order, has begun releasing from custody or parole hundreds of sex offenders. CNN's Gina London explains the situation and the reaction.

Q: Is there a general fear in the community about these sex offenders being released?

LONDON: The Colorado attorney general had fought in vain to keep the mandatory parole law in place. His office notes that it has received only about five telephone calls and a couple of e-mails from people who are concerned that these offenders are being released.

VIDEO Dozens of convicted sex offenders are being released from custody in Colorado and more are expected to be released soon. It's the result of a ruling by the state's supreme court. CNN's Gina London reports. Play video (QuickTime, Real or Windows Media)   MORE STORIES Colorado sex offenders ruling criticized       LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

It is important to note that Colorado now has a "sex offender registry" law in place. Upon release, offenders have 72 hours to provide the Department of Corrections with their new address. That address is then passed on to local police and a computer database is kept to which the public has access. The offender must also "re-register" every three months. If at any time the offender fails to follow this registry procedure, he has committed a felony and is subject to arrest.

Q: Have the victims been notified of their attackers' pending release?

LONDON: Under Colorado law, the Department of Corrections is required to notify victims before the release of their attacker.

Q: Can prosecutors bring additional charges against any of the sex offenders if the state deems them too dangerous to be released?

LONDON: No, not simply for being "deemed" too dangerous. Don't forget, the first two groups to be released have already served their sentences determined by the courts. Of course, once released, if someone fails to register or commits another offense of any kind, that person is subject to arrest. And although there is not a "mandatory" parole in place any longer, the third group could still be ordered to serve a number of years of discretionary parole. That is up to the parole board.

Q: These sex offenders had already served their prison sentences. Why were they still imprisoned even after their sentences were up? And what type of sentences did these convicts serve?

LONDON: Let me quickly review what has happened here in Colorado. The state's Supreme Court sought to clarify some confusing and conflicting parole and sentencing laws for sex offenders the state legislature put on the books between 1993 and 1998.

The court ruled that a strict 1993 law, which required a five-year parole for every sex offender, was superseded by a 1996 law that did not mandate such parole. So now, all sex offenders convicted during that time -- from 1993 to 1998 -- are no longer subject to mandatory parole.

The sentences of these individuals, of course, varied according to the kinds of crimes they had committed.

The first group of offenders (115 people) to be released from custody are those who had already completed their sentences, been released from custody and placed on mandatory parole -- only to somehow violate that parole and land back in custody. Now that it has been determined they shouldn't have had to serve mandatory parole in the first place, they are being released. The second group (251 people) completed their sentences and are currently out of police custody -- serving their "mandatory paroles" in Colorado communities. Now, their parole supervision will be ended. Finally, according to the Colorado Department of Corrections, about 1,145 convicted sex offenders who were convicted during that time-frame are still in custody. They will continue to serve out the sentences handed down to them. But, when they have completed that, they will now be subject to "discretionary" rather than "mandatory" parole.

Q: Is the Colorado legislature working on toughening sentences for sex offenders as a result of these releases?

LONDON: Many people have been critical of the State Assembly for enacting such a series of conflicting laws back in 1993 to 1998 that created the situation in the first place.

Since 1998, Colorado has made strides to strengthen and simplify its laws. Now any person convicted of a sex crime in Colorado is subject to supervision for life.