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The ultimate question of whether SOLSA is unconstitutional in the case of Omar Godinez will rest with the federal appeals court based in Denver.
The Colorado Supreme Court on Monday suggested the 25-year-old law governing criminal sentences for sex offenders might run afoul of the constitutional prohibition on cruel and unusual punishment when applied to juveniles serving lengthy terms of incarceration.
The ultimate question of whether the Sex Offender Lifetime Supervision Act, or SOLSA, is unconstitutional in the case of Omar Godinez will rest with the federal appeals court based in Denver. In an unusual move, the U.S. Court of Appeals for the 10th Circuit asked the state Supreme Court to answer whether SOLSA requires, permits or prohibits officials from considering Godinez’s maturity and rehabilitation when deciding whether to eventually release him on parole.
Maturity and rehabilitation for juvenile defendants are factors the U.S. Supreme Court has recognized as mandatory considerations when considering the defendant’s release from incarceration. Godinez, who was 15 years old when Arapahoe County prosecutors charged him as an adult for a pair of rapes, argued SOLSA does not require parole officials to consider the constitutionally required factors.
> Read the full story at Colorado Politics.
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