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Arapahoe County, State of Colorado Court Address: 7325 S. Potomac St. Centennial CO 90112
E PEOPLE OF THE ST

Attorney or Party Without nttorney: (ttame Kevin M. McGreevy Phone Number: 303S29-9700 FAX Number: 303-629-9702
E-mait: Atty. Reg. #:

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Case Number: llcnUiq Sentencing Div:22

SPECIAL REPORT

The Probation Officer informs the Court that on April 3, 2A12, Judge W1liam Blair Sylvester placed the defendant on probation for 24 months, following the de"fendant's ptea of guilty to cou nt 3 : control led substance possession Meth amphetair ine-2G/Less (F6i.
The Court sentenced the defendant to 38 days jail, following the defendant's plea of guilty to Count 4: Prostitution-Soliciting (M3), concurren[ with Counti. The probation officer informs the Court, that during the course of supervision and investigation, the probation department has become aware of bihaviors of the deiendant thii are concerning.

Jhe defendant's behavior around his offense is alarming, in that he was soliciting from an individualthat in the past Mr. Sullivan had been his pay6e. ln this transaction, the defendant selected his partner to be someone whom he previousiy had authority over, indicating issues related to power and control.

Court orders.

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As a sanction, the defendant isiurrentiy on SbRAM: defendant's continued violations indicate the defendant chooses to not iUiuu ny

The above information leads the probation department to be concerned about the defendant in the community. Therefore, the defendant was otfered the opportunity to voluntarily participate in a mental health offense specific evaluation. He has declined to participate. iisatto.nu,t response to this inquiry is attached for the Courls review,

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11CR2414 Sullivan, Patrick

Based on the above information and in the interest of communitysafety, it is respectfully requested that the Cgurt modify the defendant's conditions of prtbation, to incirl" mental health offense-specific evaluation. This evaluation will allow foi a qualifieu proiJssionalto assess the defendant, and make recommendations as to appropriite treatmeni, while attwing us to gain more information and address his needs.

Probation Officer 1610 W. Littleton Btvd. Litfleton CO 80120 303-418-1410

...

SO ORDERED this BY THE COURT:

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2012.

Judge William Blair Sylvester

Date

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KTvIru M. MCGREEVY
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303-629_9700

FAx:303-629-9702

June27,2012

I{allie Miller 1610 W. Littleton Blvd,2nd Floor Littleton, CO 80120

Re:
Ms. Miller:

Patrick Sullivan

llcL24l4

evaluation is based upon lhe following:

attorneys for Patrick Sullivan, we now contact you regarding your recent request t6at ^ .As Mr..Sullivan participate in a sexual evaluation. It has beenour advice to Mr. Sullivan that he not participate in such an evaluation. We wanted to explain this reasoning to you so that you understand our perspective. our arlvice that he dois not need to pirti"ipui* in a ,.xo*t First, the Court hbs not ordered him to participate in such an bvaluation.

Second, the Iaw does not require that this evaluation bc clone, nor is there a basis for such an order by the court. As you know, Mr. sullivan pled guilty to Possession of Methamphetamine (F6) and solicitation of Prostitution (m3). Neitheiof thlrc off.rr., requires a sexual evaluation. Further and importantly, Mr. Sullivan was never charged with a sex off"nse nor did he adrnit on to having comrnitted a sex offense. As ,u.h, th.r* is no legal Tt9la basis for an order that Mr. sullivan undergo such an evaruation. our legal analysis is as follows:

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section i 8-i .3-204 outiines the court's discretion in establishing conditions o1. probatio,, The instructive references to sex offender evaluation and treatment are contained in subsection (i) and subsection (2Xd).
Subsection (i) requires a court to order that a defenclant cornply with any court orders regarding the treatment of sex offenders issued pursuant to article 1 1 .7 of title 16, C'R'S' Turning to Title 16, Section 16-11.7-104 maniates convicted sex offenders who have committed a sexual offense are required to subrnit to an evalu"i"r.'-i-.tion 16ll'7-102 defines.sex_off9nse and lists those crimes that fail under such definition. The offenses against:lvL'. suilivan, including solicitation oiprostituii";;;;;;;;it.,.;

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Subsection.(2Xd)^speaks to the courts order for counseiing and treatment for offendeis convicted of offenses involving unlawful sexual behavior, as defined in section

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Hallie Miller June27,2A12 Page2

16'22-102(9), C'R'S. Again turning to this subsection, solicitation of prostitution is not listed. the broader terms of the sex offender registration statute, Mr. Sullivan would not be required to register. Section L6-22-103Q)(cXIXD) Jnly requires registratio* ro, u person ylo was charged with and convicted of an offense itut aol, not constitute unlawful sexual behavior (again, as defined in 16-22-102(9)) when "the person admits on the record, after advisement as provided.in subparagraph (II) of this paragiaph (c), that ttre unaerijingl"dr;i basis of the offense involved unlawful iexual behaviori, Even under

someone who made statements about uncharged and unproven allegations of sexual mis.onouct.

Nothing in any of these sections permits the court's order of a sexual evaluation for

As you can see, based upon our review of the law in this area, it is our position -. based upol boJ{ the charges and the offenses for which he was convicted - that rh"* i, ;; basis to require Mr' Sullivan to undergo a sexrnl evaluation in this case. please tet us know if you disagree with this advisement arrd *" will continue to discuss this issue with Mr. Suilivan.
Thank you,
RrDLEv, McGRprvy

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