No Carveouts
Criminal justice reform should not exclude individuals based on offense class when evidence shows they have the lowest recidivism rates.
No Carveouts Based on Crime Class
With the lowest recidivism rate of any crime classification, exclusions of persons with sexual offenses from criminal justice reform programs and legislation is unfair and unjust. Legislators must advocate against provisions that carve out individuals based on offense type from programs designed to support successful reentry.
The Problem with Carveouts
- The Prison Policy Initiative reports: “Almost all major criminal legal system reforms in the last 20 years have excluded people charged with or convicted of violent or sex-related offenses.”
- Carving out certain charges from discretionary programs removes decision-makers’ discretion rather than empowering them to make nuanced decisions based on individual circumstances.
- Studies show that a significant portion of rearrests for individuals with sexual offenses are for registry-related technical violations, not new offenses — yet these individuals are excluded from reforms that could reduce those very violations.
- Reforming in stages — starting with people society is least biased against — increases the likelihood that people with serious charges will be forever left behind, regardless of their individual risk or rehabilitation.
A Better Approach
If we intend to eventually make reforms available to all people regardless of their charge, the best approach is to make as many people as possible eligible at the same time. Probation reform, parole programs, educational opportunities, and vocational training should be available based on individual risk and demonstrated rehabilitation — not blanket exclusions based on offense category.
Colorado’s criminal justice reform efforts must be inclusive and evidence-based, not driven by fear or political convenience.
Carveouts in Colorado Law
- Record sealing exclusion: Colorado’s record sealing statutes (CRS 24-72-706) explicitly exclude sex offenses — meaning that even after completing a sentence, treatment, and supervision, individuals are permanently barred from sealing their records, regardless of risk level or rehabilitation.
- Criminal law recodification: Colorado’s sweeping criminal law recodification (SB 21-271, effective 2022) reclassified many offenses and reformed sentencing — but largely preserved existing frameworks for sexual offenses, missing an opportunity for evidence-based reform.
- Lifetime Supervision Act: Under CRS 18-1.3-1004, individuals convicted of certain sexual offenses face indeterminate sentences with no guaranteed release date — a de facto carveout from the state’s broader sentencing reform efforts.
- Juvenile reform gaps: While HB 19-1030 (2019) made important reforms to juvenile sex offense registration, Colorado juveniles adjudicated for sexual offenses are still excluded from many reentry and diversion programs available to other youth.
Reform Should Include Everyone
Help us advocate for inclusive criminal justice reform in Colorado that doesn’t leave anyone behind based on offense class.