Hernandez v. People

We granted certiorari in People v. Hernandez, Jr., 160 P.3d 263 (Colo.App.2007), to *748determine whether section 16-11.7-105(1), C.R.S. (2007), always requires a sentencing court to impose sex offender treatment as a condition of probation when a defendant previously convicted for a sex offense commits a subsequent offense that is not a sex offense.1 The court of appeals’ opinion appears to construe this statutory provision as requiring “trial courts to order treatment as part of every probationary sentence imposed on sex offenders” in all cases, even those in which the sex offender evaluation…