Recently, there have been some sex cases in Colorado where judges have been scrutinized for sentencing the defendant in a sexual crime to probation instead of prison or jail. Many people see probation as an ‘easy way out.’ This is a common misconception because Sex Offender Intensive Supervised Probation (SOISP) is anything but easy. Remember, the probation department’s mission statement is to protect the community from the person sentenced to probation. Let’s look at the various terms, conditions, and requirements involved for those sentenced to SOISP in Greeley, Berthoud, and Windsor. I think you will find them very strict and not the ‘easy way out.’
Weld County SOISP: No Contact with Minors
When a person is charged with a sex offense, a judge will enter a no contact order preventing the person charged from having contact with anyone under the age of 18 – even if the crime had nothing to do with a child. These restrictions do not go away once sentenced to SOISP. In fact, they get more restrictive. It’s not just about not having any contact with a minor, it’s about not being anywhere near them. For example, you may only be allowed to go grocery shopping at times when it is unlikely a child will be in the store or you may have to drive different routes to places to avoid being near a school or playground. You may even have to move from your home if it is located too close to a school or park or change jobs. Probation officers worry – if they feel there is too much risk of you having contact with a minor at your current position.
Polygraphs with Weld and Morgan County SOISP
Defendants sentenced to Sex Offender Intensive Supervised Probation also have to take polygraphs on a regular basis. Colorado counties like Weld, Morgan, and Logan County follow the guidelines set up by the Colorado Sex Offender Management Board (SOMB) in regards to polygraphs. A person on SOISP will take a polygraph every 6 months, where the questions asked relate to compliance. Questions about location violations, contact with minors, unauthorized use of the internet, and sexual contacts are the types of compliance related questions a person on SOISP can expect to be asked. Outside of those bi-yearly ‘maintenance’ polygraphs, a person on SOISP also has to take a series of polygraphs related to their history, their crime, and their sexual patterns. These polygraphs must be passed in order to move forward in supervision and to have even supervised contact with minors.
Greeley Sex Offender Treatment and SOISP
When a person is sentenced for a sexual offense, Sex Offender Treatment is a requirement. This type of treatment is set up to help an offender understand the effects of their crime, the underlying reasons why they committed their crime, and what they can do to make sure they never offend again. It is intensive and intrusive, but like with anything, you get out of it what you put into it. If a person in sex offender treatment is in denial about their crime or is not participating and making progress, they can be terminated from treatment. In most cases, this leads to a probation revocation.
Erie and Longmont Sex Offender Intensive Supervised Probation: The Safety Plan Requirement
While you might think a person sentenced to probation still has the freedom to go where they want, when they want, this is not the case for a person sentenced to SOISP. If on Sex Offender Intensive Supervised Probation, you will have to submit documents called Safety Plans. These plans outline where you would like to go, what time you would like to be able to go there, what problems may arise, and how you will address these problems. You cannot just go anywhere you want. You may only be allowed to go grocery shopping from 4am – 7am because there is less of a chance a child will be in the store at that time. You may put in a Safety Plan to go to Target and it gets denied because your treatment provider and probation officer feel there is too much of a chance you will encounter a child. Remember, their job is to protect the community from the offender. If they feel there is any risk, they are going to say no. Gone are the days where you can decide at the last minute to go out to eat to any restaurant you choose. Instead, the restaurant must be pre-approved and only during certain times are you allowed to be there. The same thing goes for movies, hardware stores and Walmart.
Sentenced to SOISP? Don’t Lose Hope
As you can see, when a person is sentenced to Sex Offender Intensive Supervised Probation, they are not off the hook. Confining someone to the Colorado Department of Corrections or the Weld County Jail is expensive for the state and should be reserved for those who need to be confined. Anyone being sentenced to this type of probation goes through a screening with probation and a sex offender evaluation to make sure they are not at a high risk for reoffending. If you are facing a sentence to Sex Offender Probation, or currently serving one, we don’t want this blog to scare you or discourage you in any way. We just want you to have realistic expectations. Many people have been extremely successful on SOISP. It is definitely a huge undertaking, and can be very overwhelming at first, but it is totally doable. It’s all about holding yourself accountable and showing that you have good decision making skills. Once your treatment provider and probation officer feel they can trust you, the restrictions will loosen and you will be allowed to do more and more things.
If you or someone you love has been charged with a sex crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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