The individual, whose identity is being withheld until a notification briefing takes place in accordance with the law, is due to be released from prison Dec. 16, said Bill Sowell, Delta Police public information officer.
However, he will be extradited to New Mexico to face a warrant for his arrest and may serve time for parole violations, Sowell said. The Colorado Department of Corrections notified parole, which then contacted Delta about the inmate’s plans to move to the city.
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“We will do what we can to get the information out to the public as soon as we possibly can,” Sowell said.
No briefing is required for sexual offenders, who must register in their community.
Delta already has between 28 and 32 sex offenders (though not necessarily SVPs) in the city, Sowell said. Residents cannot prevent any SVPs from moving into their community because the convicted offenders have rights as U.S. citizens to live where they please.
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A sexually violent predator is defined as:
• Someone 18 or older as of the date the offense is committed or who is less than 18 but tried as an adult;
• Who has been convicted on or after July 1, 1999 of one of the following offenses committed on or after July 1, 1997:
- Sexual assault in the first, second or third degree (felony)
- Unlawful sexual contact
- Sexual assault on a child
- Sexual assault on a child by one in a position of trust
• Whose victim was a stranger to the offender or a person with whom the offender established or promoted a relationship primarily for the purpose of sexual victimization
• Who, based upon the results of a risk assessment screening instrument developed by the division of criminal justice in consultation with and approved by the sex offender management board, is likely to subsequently commit one or more of the aforementioned offenses.
Based on the results of such assessment, the court or parole board shall make specific findings of fact and enter an order concerning whether the defendant is a sexually violent predator.
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