People v. Durapau
280 P.3d 42
Colo. Ct. App.2011Background
- Durapau was found not guilty by reason of insanity (NGRI) of first degree sexual assault in 1999 and committed to CMHIP.
- In 2005 the General Assembly amended § 16-8-115(4)(a) to require NGRI offenders who committed offenses involving unlawful sexual behavior to register as sex offenders as a condition of release.
- In 2006 CMHIP staff opined defendant eligible for conditional release; the district court ordered sex offender registration as a condition of release despite treatment recommendations against it.
- Durapau appealed the registration order, challenging jurisdiction, constitutionality, and his ability to withdraw his plea.
- The court rejected the jurisdictional and constitutional challenges but dismissed the plea-withdrawal issue for lack of a final order, and noted appellate-rule compliance problems in the briefing.
- The court affirmed the registration order, concluding registration is mandatory and not punitive, and thus does not violate due process or ex post facto principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 16-8-115(4)(a) requires registration when NGRI plea occurred before the amendment | Durapau | Durapau | Mandatory registration applies; statute in effect at release controls |
| Whether the district court lacked jurisdiction because there was no conviction | Durapau | Durapau | Court had jurisdiction due to conditional release triggering registration |
| Whether registering as a sex offender violates due process or ex post facto protections | Durapau | Durapau | Registration is nonpunitive and constitutional; ex post facto challenge rejected |
| Whether Durapau should be permitted to withdraw his plea | Durapau | Durapau | Issue dismissed for lack of a final appealable order |
Key Cases Cited
- People v. Scheffer, 224 P.3d 279 (Colo. App. 2009) (statutory interpretation governs outcome; de novo standard)
- Whitaker v. People, 48 P.3d 555 (Colo. 2002) (statutory interpretation principles; plain meaning governs)
- In re Marriage of Chalat, 112 P.3d 47 (Colo. 2005) (presume General Assembly intended ordinary meaning; avoid defeat of intent)
- People v. Chavez, 629 P.2d 1040 (Colo.1981) (NGRI plea admits acts but denies culpability; not a conviction)
- People v. Serravo, 823 P.2d 128 (Colo.1992) (NGRI commitment mechanics; context for responsibility)
- Jamison v. People, 988 P.2d 177 (Colo. App. 1999) (sex offender registration nonpunitive; remedial purpose)
- People v. Stead, 66 P.3d 117 (Colo. App. 2002) (lifetime registration not punitive; not a due process violation)
- Kansas v. Hendricks, 521 U.S. 346 (U.S. 1997) (civil commitment not punitive; supports nonpunitive view of registration)
- People v. Sowell, P.3d (Colo. App. 2011) (ex post facto challenges to lifetime registration rejected)
- People v. Tuffo, 209 P.3d 1226 (Colo. App. 2009) (registration/not punitive; public safety rationale)