People in Interest of J.M.M., 2021 COA 88

The Court of Appeals interprets §§ 16-22-103(4) and 16-22-113(1)(e), provisions of the Colorado Sex Offender Registration Act, to determine whether they allow a person who successfully completed a sentence or disposition that was not the original sentence or disposition to petition to deregister as a sex offender.

J.M.M. originally received a deferred sentence. Ultimately, that sentence was revoked, and the district court imposed a 24-month sentence to probation. After three probation revocations, the court sentenced J.M.M. to the Division of Youth Corrections (DYC). J.M.M. satisfied the terms and conditions of his DYC sentence and was paroled in December 2005. J.M.M. eventually filed a petition to deregister and, over the objection of the district attorney, the Court granted J.M.M.’s petition.

After an extensive analysis of applicable case law and various provisions of Colorado’s Colorado Sex Offender Registration Act, the Court concludes that § 16-22-113(1)(e)’s reference to “the successful completion of and discharge from a juvenile sentence or disposition” did not require J.M.M. to successfully complete the original sentence. The Court holds that the district court did not err in finding that J.M.M. successfully completed a juvenile sentence or disposition and affirms the district court’s order to discontinue sex offender registration.

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