Tuesday, May 7, 2013

CO - Law considered to make it harder for sex offenders to remove names from registry

Original Article

05/06/2013

By Mark Meredith

DENVER - It’s a list that’s meant to protect communities and punish convicted sex offenders but some believe it’s too easy for former criminals to remove themselves off the state registry.

It mortifies me and it terrifies me,” said Marilyn Spittler in an interview with FOX31 Denver after learning her ex-husband, a convicted sex offender wanted to remove his name of the Colorado Bureau of Investigation’s public list.

Spittler contacted KDVR after learning [name withheld], who was convicted of a sex crime in the 1990s, had petitioned Douglas County in April to remove his name from the state offenders list through a judge’s permission.

I was shocked. I had no idea that it was even possible to petition the court,” Spittler said after learning about her ex-husband’s request. The request though, according to data from the Colorado Bureau of Investigation, may be more common than many people are aware.

According to a CBI spokesperson, since 2006, over 2,300 people have been removed from the state’s registry. Now, at the request of Marilyn Spittler, state lawmakers are considering changing the rules and allowing a district attorney to block the request for removal from the list.

I would like to remove my name, given that opportunity,” [name withheld] said in an interview with FOX31 Denver in early April. More than a month later, [name withheld] has since removed his request to have his name cleared by a judge.

Since his release, [name withheld] has complied with state laws and provided law enforcement with updated pictures and addresses. [name withheld] has even notified his neighbors about his status in order to remain in compliance with sex offender laws.

I think that over twenty years, I’ve given to the community a lot and I’m ready to move on,” added the 54-year-old businessman.

On Monday, a draft of amendment was released that would modify state law and make it harder for previously convicted offenders to remove their names.

As of late Monday afternoon it was not introduced by lawmakers because of unrelated discrepancies.


6 comments :

Eric Knight said...

In the first paragraph, can you edit and highlight the word "punish" in the statement regarding the reporter's impression of the "regulatory" registry? The registry is not supposed to be about punishment, but most people with more than a couple of brain cells knows otherwise.

Randy said...

Being the fact this is being done by an ex wife, legislature shouldn't be considering it.

Mark said...

“It mortifies me and it terrifies me,” said Marilyn Spittler in
an interview with FOX31 Denver after learning her ex-husband, a
convicted sex offender wanted to remove his name of the Colorado Bureau
of Investigation’s public list." Isn't it ALWAYS an interview with a woman, and we really never read, or hear much from men about sex offender registration???? So now the entire galaxy will bend over backwards so that all women including good ol Marilyn in Colorado will feel "SAFER."

Eric Knight said...

One more point: If the DA is involved in ANY part of the registration process, that AUTOMATICALLY renders the registry as a punitive, NOT regulatory, instrument.

Eric Knight said...

There are subtleties involved. Irrespective of the legitimate opposition of the registries as a whole, violations of the registry are criminal in nature and can be prosecuted.

That said, though, the DA, nor any agency of the Attorney General's office, should have any constitutional authority in DETERMINING who is on, or off, the registry, including length of time. This as an abusive breach of separation of powers. Technically, only the legislature or sentencing judge can enforce the law, or in this case, the DA cannot have any authority in imposing LE's opinion on the registry itself.

g4change said...

She's an ex-wife with a vendetta. These lawmakers are crazy for even listening to someone like her!!!! All this man is asking for is due process. The chance to go before the judicial branch of government - checks and balances. Who the hell is SHE to deny him this???? If the judge denies the petition, then it's denied. That's balance of power. This whole country is off its axis by removing the checks and balances of multiple branches of government. God helps us!!!!!!!!!!