In some sexual assault cases, the defendant may be sentenced to probation instead of or in addition to being subject to additional penalties. Probation for a sexual assault case may look different from it does for other types of convictions. Here is what this type of probation might entail:
Intensive Supervision Probation
According to Colorado Revised Statutes Section 18-1.3-1007, individuals convicted of sexual assault can be supervised under the state’s Sex Offender Intensive Supervision Probation until further order of the court. Under this type of program, defendants receive the highest level of supervision provided to people on probation. It can consist of:
- Severely restricted activities
- Daily contact between the defendant and their probation officer
- Monitored curfew
- Home and employment visitation
- Employment monitoring
- Drug and alcohol screening
- Treatment referrals and monitoring
- Physiological monitoring
- Payment of restitution
The goal of this type of probation is to minimize the risk to the public to the greatest extent possible.
Sex Offender Registration
The probationer will also likely be required to register as a sex offender. They must do so with their local law enforcement agency within five business days of receiving notice of this requirement. If they move, they must re-register within five business days of the move. They must also register annually on their birthday.
DNA
You must submit to a blood test so that your genetic markers can be determined. You are responsible for paying for this service.
No Contact with Children or the Victim
The court can restrict your contact with your own child or any other child under 18 unless the court orders and approves otherwise in consultation with your probation officer and community supervision team. This includes physical, verbal, written, telephone contact, or contact through a third party.
You also cannot reside in a place where children live. You cannot date someone who has children. You cannot work or complete volunteer work where you would have contact with children. You cannot go to places primarily designated for children under 18, such as parks or arcades.
You will also be required to have no contact with the alleged victim or their place of residence.
Treatment Requirements
You may be required to attend and actively participate in a sex offender evaluation and treatment program that your probation officer approves. Completing the program may be a condition of your probation. You can also be required to undergo a psychological or physiological assessment and monitoring program at the probation officer’s or treatment provider’s request. You must sign any required release forms to share information with your probation officer. You are responsible for paying for these treatments and programs.
Prohibition from Substances
You are not allowed to purchase, possess, or consume alcohol or mind-altering substances without a valid prescription.
Computer Restrictions
You will not be allowed to subscribe to an internet service or use someone else’s internet unless the supervision team approves it. If the team approves it, you must sign and comply with a computer user agreement and be subject to computer searches.
Contact The Law Offices of Elaine E. Lukic to Learn More About Your Legal Rights
The seriousness of the consequences of probation underscores the importance of working with a skilled attorney who will work to prevent a conviction, if possible, or minimize consequences, if not. Call us at (888) 565-2217 or contact us online for a confidential consultation.