In re T.B., 2021 CO 59 (Colo. 2021)
Nature of Case: Appellant was twice adjudicated as a juvenile for having committed sex offenses and was thus required to register for life. T.B. subsequently filed a petition requesting that his registration requirement be discontinued, which the trial court denied as it found that he was not eligible due to his two juvenile adjudications. T.B. appealed this denial.
Colorado Court of Appeals reversed the decision of the trial court. Requiring lifetime registration for juveniles is punishment, though the Court did not address whether it constituted Cruel and Unusual punishment. The Court remanded the case for a determination as to whether or not lifetime registration for juveniles constitutes Cruel and Unusual punishment. Both the government and the Appellant sought review from the Colorado Supreme Court.
Holding: The Colorado Supreme Court affirmed in part the judgment of the Colorado Court of Appeals, holding that mandatory lifetime sex offense registration for juveniles with multiple adjudications is a violation of the Eighth Amendment’s prohibition against cruel and unusual punishments.
News and Related Materials
- [The Denver Post] — Mandatory lifetime juvenile sex offender registration is unconstitutional, Colorado Supreme Court rules
- [The Denver Post] — “The ultimate scarlet letter”: A 29-year-old could get name off sex-offender registry for juvenile crimes if Denver court decides he’s being cruelly, unusually punished