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Salah v. People.

2024 CO 54. No. 23SC4. Right to Familial Association—Sex Offender Intensive Supervision Probation—Due Process Clause.

June 24, 2024

In this case, the Supreme Court considered a sex offender probationer’s challenge to the constitutionality of probation conditions that restricted his ability to contact or live with his minor nephew. The Court rejected Salah’s argument that a biological connection alone is dispositive of whether a probationer has a constitutional right to contact or live with a member of their extended family.

The Court held, instead, that whether a probation condition implicates a sex offender probationer’s constitutional right to familial association with a member of their extended family depends, as a threshold matter, on whether the probationer demonstrates the nature of their relationship with the family member. This threshold showing is necessary so that a trial court reviewing a claim of familial association can determine where on the spectrum of protection the relationship falls.

The full opinion is available at

Official Colorado Supreme Court proceedings can be found at the Colorado Supreme Court website.

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