mt:Include module="Global Settings" /> May 2010 Archives: Colorado Criminal Lawyer Blog

May 2010 Archives

May 14, 2010

Colorado Law - Critical Changes to the Selection of Sex Offender Treatment Providers - Vetoed By The Governor

In an incredible act of political cowardice, a fine Governor bows to pressure to veto a new law that would have made it possible for convicted sex offenders to choose a state certified program without the interference of the Colorado Probation Departments that supervise these cases...

From the Denver Post Online:

Gov. Bill Ritter on Friday vetoed a bill that would have reauthorized a sex-offender management program because of an amendment attached near the end of the legislative session and intended by its author to punish a lone therapy provider.

"On an issue that is this critical to public safety and the overall success of the sex-offender treatment program, this failure of adequate vetting and thorough debate constitutes a fatal flaw with the bill," Ritter said.

The veto thwarts the effort of state Sen. Joyce Foster, D-Denver, who said a treatment agency she thinks mistreated her brother-in-law should be barred from working for the state.

Her amendment, which required sex offenders to be given a choice by their probation officer of three providers, rather than being told where to go, was approved on a voice vote. The bill later passed easily.

H. Michael's Take:

The decision of which sex offender therapist or agency to work with -- is critical to success in a Colorado Sex Offender Program... As long as the Colorado Sex Offender Program is state certified and meets the criteria set out by Colorado Sex Offender Law - that decision should be made by the person on probaion - -often facing a life sentence for failure to successfully complete treatment.

The legislature saw that issue and made the right call. The Governor could not face up to the political pressure to sustain that law and vetoed it..

This writer is hopeful that another bill -- will make it to the next governor's desk and he/she will have the strenght to do the right thing -- and sign it into law..

May 4, 2010

Major Changes In Store for Colorado Domestic Violence Standards of Treatment

H. Michael Steinberg - Denver Colorado Domestic Violence Defense Lawyer

There are major changes going into effect in the fall which must be taken into consideration in defending against charges of domestic violence as a direct result of changes to certain changes to the so called Standards for Treatment set forth by the Colorado Domestic Violence Offender Management Board.

Understanding these changes is critical to making a reasoned decision to either plea bargaining a charge of domestic violence or taking the case to trial. The new standards should be reviewed and can be found at:

Colorado Domestic Violence New Standards

Discussing these new developments with a seasoned Colorado Criminal Defense Lawyer will be important to individuals charged with domestic violence related crimes in Colorado.

The present law provides for a mandatory, non-negotiable, 36 weeks of treatment utilizing the presently drafted Colorado domestic violence guidelines.

In comparison, the new guidelines will make the length of the program subject to an "assessment of a Multidisciplinary Treatment Team (MTT)".

The team will consist of therapists that are approved by the state of Colorado , the responsible criminal justice agency, and a victim's advocate. The therapist would have the responsibility to make recommendations to the court about the need for continued treatment, the level of treatment required, and the assessment of its success.

The "team approach" and potentially long course of treatment, domestic violence offenders are no longer allowed to address their marital problems through joint family counseling while they are still undergoing court-ordered domestic violence treatment.

Furthermore, a Colorado domestic violence offender will be required to pass certain competency tests in order to successfully end their treatment. According to the new guidelines the criteria for demonstrating "competency" include full acceptance of responsibility for their criminal behavior.

H. Michael's take:

The new standards greatly expand on the role of the therapist in deciding the treatment modality... the nature of the treatment modality and the time required for termination of treatment..

For this reason, the new standards are more similar to the Colorado Sex Offender Standards for treatment are based almost entirely on community safety and the "containment" model.

The Full Acceptance Model:

This requirement is full of pitfalls as domestic violence cases rarely have either party telling the complete truth for what occurs. To compel "full acceptance" of every allegation made by the alleged "victim" of a DV charge is setting the client up to fail.

If you have recently been charged with an act of domestic violence it is very important to understand the effect of these new standards on your potential success on probation -- that is the likelihood of successfully completing Colorado Domestic Violence treatment
In making the decision of whether or not to take a plea bargain -- the client's potential success on probation is a key component in this decision.

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