In re T.B.

T.B. was subjected to Colorado’s mandatory lifetime sex offender registration requirement (CSORNA) for two sexual offenses committed when he was 11 and 15. Juvenile Law Center, along with Colorado Juvenile Defender Center and Children’s Rights filed an amicus brief in support of T.B.

We argued that Colorado's sex offender registration requirements are based on false presumptions about juvenile sexual offending and irreparably harm young offenders. We further argued that registration fails to serve its intended purpose of reducing the already very low recidivism rate of juvenile offenders, but rather creates obstacles between a child and a normal, productive life, thereby increasing the likelihood that a registered youth will commit a non-sexual offense in the future.

The Colorado Court of Appeals held that “the lifetime registration requirement arising from juvenile adjudications constitutes a punishment” and remanded the case “for further proceedings to determine whether the punishment is unconstitutional.”

The case was appealed to the Colorado Supreme Court. 

The Colorado Supreme Court held that the mandatory lifetime sex offender registration requirement for youth constitutes cruel and unusual punishment and violates the Eighth Amendment, as it does not provide a mechanism for individualized assessments or an opportunity to deregister upon a showing of rehabilitation. The Court remanded the case with instructions to order a new hearing on T.B.’s petition to deregister.