| G. Concurrent Jurisdiction with Criminal Cases |
| C.R.S. § 18-6-401.1(4) |
Criminal proceedings
often occur concurrently with D&N proceedings. Perpetrators
may be charged with crimes arising from the same incident that has
resulted in the D&N petition. A child abuse
prosecution has priority in court. It must be tried
as soon as possible after it is filed.
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| 1. Crimes Against Children |
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| C.R.S. § 19-3-207(1) | 2. Evidentiary Issues
The county attorney may request that certain D&N testimony be inadmissible in subsequent criminal proceedings. The court must give the district attorney five days’ notice. The district attorney then has a right to appear and be heard on the motion. The hearing is held in camera. The court may not order the information inadmissible if the district attorney makes a prima facie case that it would substantially impair the criminal prosecution. Of course, a law enforcement officer may independently discover the same information and offer it into evidence. |
| C.R.S. § 13-90-107 |
Treatment
professionals are prohibited from testifying in the criminal case.
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| C.R.S. § 19-3-207(2) |
Anything the
defendant says or does to comply with a court-ordered D&N treatment
plan is privileged. The only exceptions are
discussions of past child abuse unrelated to the D&N allegations or
discussions of future harm. No hearing is required
beforehand to exclude the testimony.
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| C.R.S. § 19-3-207(2.5) | A juvenile’s statements to a treatment professional in the course of treatment ordered by the court are privileged. The statements may not, without the juvenile’s consent, be admitted into any criminal or delinquency case brought against the juvenile. This privilege does not apply to statements regarding future misconduct. |
| C.R.S. § 19-3-207(3) |
A defendant’s
admissions in D&N proceedings are also inadmissible. Any
oral or written admission by respondents in a D&N proceeding may
not be used against them in any criminal prosecution, except for
impeachment or rebuttal.
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| C.R.S. § 19-3-310 | 3. Delay of D&N Proceedings
Even though there may be a companion criminal proceeding, the D&N case should not be delayed. Under C.R.S. § 19-3-207, substantial protections are given to parents who wish to testify, enter admissions, or participate in treatment. In the event parents feel these protections are inadequate, the court should still consider how a proposed delay will affect the child. The district attorney may withhold filing a child abuse case. The perpetrator must voluntarily agree to treatment. DHS sets the conditions for treatment for up to two years. If the perpetrator’s compliance satisfies DHS and the district attorney, no criminal charges will be filed. |
| 4. Parole, Probation, and Registry |
| C.R.S. § 18-6-401.4(1) |
Convicted child
abusers and sex offenders must pay for the victim’s treatment. The
court may put the offender on probation up to the maximum time allowed
by the statute until this obligation is met.
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| Martin v. People, 27 P.3d 846 ( |
Convicted sex
offenders are subject to supervision during the term of parole. If
they were convicted prior to 1996, their parole may not exceed the
remainder of the maximum sentence of incarceration imposed by the
courts.
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| C.R.S. § 18-6-405 |
They may be given
treatment and intensive supervision if it is necessary to protect the
public. If a school employee is convicted, pleads nolo
contendere, or gets a deferred sentence for sex crimes against
children, the court must report it to the Department of Education.
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| C.R.S. § 18-3-412.5 |
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| 5.
Standards for Sex Offender Treatment
If a parent has been convicted of a sexual offense, the conditions of community supervision through probation or parole may hinder or prevent the goal of family reunification. The “Standards and Guidelines for the Assessment, Evaluation, Treatment and Behavioral Monitoring of Adult Sex Offenders,” promulgated by the Colorado Sex Offender Management Board, provide:
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