September 22, 2014

Colorado Supreme Court: Trial Court Should Afford Great Weight to Sex Offender Management Board’s Screening Tool Before Classifying Defendant as Sexually Violent Predator

The Colorado Supreme Court issued its opinion in Allen v. People on Monday, July 1, 2013.

Sexually Violent Predator—CRS § 18-3-414.5(1)(a)(IV)—Risk Assessment Screening Instrument.

The Supreme Court upheld the court of appeals’ decision affirming petitioner’s designation as a sexually violent predator under CRS § 18-3-414.5(1)(a)(IV). The Court held that although the trial court makes the ultimate designation, it should give substantial deference to the Sex Offender Management Board’s scored risk assessment screening instrument. A trial court that deviates from the results of a scored risk assessment screening instrument must make specific findings to demonstrate the necessity of its deviation.

Summary and full case available here.

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