People in Interest of T.B., 2019 COA 89

In this decision, a division of the Court of Appeals holds that the Colorado Sex Offender Registration Act (CSORA) requirement of lifetime registration of juveniles who are twice adjudicated for unlawful sexual behavior constitutes a punishment as it applies to juveniles. In doing so, the division looks to provisions in the statute itself, the impacts of lifetime sex offender registration for juveniles, the changing landscape of juvenile law, and the excessiveness of the registration requirement as compared to its public safety justifications. Because CSORA precludes any individualized assessment of whether the juvenile poses a risk to public safety, it is overly inclusive and therefore operates more like a punishment. The division remands to the juvenile court for findings as to whether the punishment is cruel and unusual.

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