Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0331.01 Michael Dohr x4347
HOUSE BILL 22-1211
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATION OF THE COMMITTEE ON JUVENILE101
JUSTICE REFORM , AND, IN CONNECTION THEREWITH ,102
IMPLEMENTING THE RECOMME NDATION CONTAINED IN THE103
2021
SUNSET REPORT BY THE DEPARTMENT OF REGULATORY104
AGENCIES TO SUNSET THE COMMITTEE ON JUVENILE JUSTICE105
REFORM.106
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Sunset Process - House Judiciary Committee. The bill
HOUSE SPONSORSHIP
Soper and Gonzales-Gutierrez,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. implements the recommendation of the department of regulatory agencies'
sunset review and report concerning the committee on juvenile justice
reform by repealing the committee.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal part 24 of2
article 33.5 of title 24.3
SECTION 2. In Colorado Revised Statutes, 2-3-1203, repeal4
(13)(a)(V) as follows:5
2-3-1203. Sunset review of advisory committees - legislative6
declaration - definition - repeal. (13) (a) The following statutory7
authorizations for the designated advisory committees are scheduled for8
repeal on September 1, 2022:9
(V) The juvenile justice reform committee created pursuant to
10
section 24-33.5-2401;11
SECTION 3. In Colorado Revised Statutes, 19-2.5-402, amend12
(4)(a) and (8)(a) as follows:13
19-2.5-402. Juvenile diversion program - authorized - report14
- allocation of money - legislative declaration - definitions. (4) District15
attorneys' offices or the office's designees shall:16
(a) On and after January 1, 2021, conduct a risk screening using17
a risk screening tool selected pursuant to section 24-33.5-2402 (1)(c),
AS18
IT EXISTED PRIOR TO ITS REPEAL IN 2022, for all juveniles referred to the19
district attorney pursuant to section 19-2.5-201, unless the juvenile is20
currently committed or on parole, a determination has already been made21
to divert the juvenile,
OR the district attorney declines to file charges,22
dismisses the case, or charges the juvenile with a class 1 or class 2 felony.23
The district attorney's office shall conduct the risk screening or contract24
HB22-1211-2- with an alternative agency that has been formally designated by the1
district attorney's office to conduct the screening, in which case the results2
of the screening must be made available to the district attorney's office.3
The entity conducting the screening shall make the results of the risk4
screening available to the juvenile and the juvenile's family. All5
individuals using the risk screening tool must receive training on the6
appropriate use of the tool. The risk screening tool is for informing7
decisions about diversion. The risk screening tool and any information8
obtained from a juvenile in the course of any screening, including any9
admission, confession, or incriminating evidence, obtained from a10
juvenile in the course of any screening or assessment in conjunction with11
proceedings pursuant to this section or made in order to participate in a12
diversion or restorative justice program is not admissible into evidence in13
any adjudicatory hearing in which the juvenile is accused and is not14
subject to subpoena or any other court process for use in any other15
proceeding or for any other purpose.16
(8) (a) The director may implement a behavioral or mental health17
screening program to screen juveniles who participate in the juvenile18
diversion program. If the director chooses to implement a behavioral or19
mental health screening program, the director shall use the mental health20
screening tool selected pursuant to section 24-33.5-2402 (1)(b),
AS IT21
EXISTED PRIOR TO ITS REPEAL IN 2022, and conduct the screening in22
accordance with procedures established pursuant to that section.23
SECTION 4. In Colorado Revised Statutes, 19-2.5-612, amend24
(2) and (7)(c) as follows:25
19-2.5-612. Mental health services for juvenile - how and when26
issue raised - procedure - definitions. (2) After the party advises the27
HB22-1211
-3- court of the party's belief that the juvenile could benefit from mental1
health services, the court shall immediately order a mental health2
screening of the juvenile pursuant to section 16-11.9-102 using the mental3
health screening tool selected pursuant to section 24-33.5-2402 (1)(b),
AS4
IT EXISTED PRIOR TO ITS REPEAL IN 2022, unless the court already has5
sufficient information to determine whether the juvenile could benefit6
from mental health services or unless a mental health screening of the7
juvenile has been completed within the last three months. Before8
sentencing a juvenile, the court shall order a mental health screening9
using the mental health screening tool selected pursuant to section10
24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, or make11
a finding that the screening would not provide information that would be12
helpful in sentencing the juvenile. The court shall not stay or suspend13
delinquency proceedings pending the results of the mental health14
screening ordered pursuant this section. However, the court may continue15
the dispositional and sentencing hearing to await the results of the mental16
health screening.17
(7) For purposes of this section:18
(c) "Screening" means a short validated mental health screening19
adopted by the
COMMITTEE ON juvenile justice reform committee
pursuant20
to section 24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR TO ITS REPEAL IN21
2022, to identify juveniles who may have mental health needs.22
SECTION 5. In Colorado Revised Statutes, 19-2.5-1108, amend23
(2)(a) introductory portion and (2)(b) as follows:24
19-2.5-1108. Probation - terms - release - revocation -25
graduated responses system - rules - report - definition.26
(2) (a) Conditions of probation must be customized to each juvenile27
HB22-1211
-4- based on the guidelines developed by the committee on juvenile justice1
reform pursuant to section 24-33.5-2402,
AS IT EXISTED PRIOR TO ITS2
REPEAL IN 2022. The court shall, as minimum conditions of probation,3
order that the juvenile:4
(b) The court shall use the results from a validated risk and needs5
assessment adopted by the
COMMITTEE ON juvenile justice reform6
committee
pursuant to section 24-33.5-2402, AS IT EXISTED PRIOR TO ITS7
REPEAL IN 2022, to inform the court of additional conditions of probation,8
as necessary.9
SECTION 6. In Colorado Revised Statutes, 19-2.5-1109, amend10
(1) introductory portion and (1)(e) as follows:11
19-2.5-1109. Juvenile probation standards - development.12
(1) Before July 1, 2021, the state court administrator, in consultation with13
judges, the judicial branch, district attorneys, defense counsel, the14
delivery of child welfare services task force created in section 26-5-105.8,15
and other interested parties shall establish statewide standards for juvenile16
probation supervision and services that are aligned with research-based17
practices and based on the juvenile's risk of reoffending, as determined18
by a validated risk and needs assessment tool adopted pursuant to section19
24-33.5-2402,
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022. The state court20
administrator shall at least annually provide training to juvenile probation21
on the adoption and implementation of these standards. Juvenile standards22
must include, but need not be limited to:23
(e) Common criteria for when juvenile probation officers may24
recommend the use of out-of-home placements and commitment to the25
division of youth services. The court shall consider the results of a26
validated risk and needs assessment, a validated mental health screening,27
HB22-1211
-5- and, if applicable, a full mental health assessment conducted pursuant to1
section 24-33.5-2402 to make decisions concerning the juvenile's2
placement.3
SECTION 7. In Colorado Revised Statutes, 19-2.5-1117, amend4
(7)(a) introductory portion, (7)(a)(I), and (7)(a)(IV) as follows:5
19-2.5-1117. Sentencing - commitment to the department of6
human services - definitions. (7) (a) On or before January 1, 2021, the7
department of human services, in consultation with the
COMMITTEE ON8
juvenile justice reform committee
established pursuant to section9
24-33.5-2401,
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, shall develop10
a length of stay matrix and establish criteria to guide the release of11
juveniles from a state facility that are based on:12
(I) A juvenile's risk of reoffending, as determined by the results13
of a validated risk and needs assessment adopted pursuant to section14
24-33.5-2402 (1)(a),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022;15
(IV) Other criteria as determined by the department. and the
16
juvenile justice reform committee.17
SECTION 8. In Colorado Revised Statutes, 19-2.5-1402, amend18
(4)(b) as follows:19
19-2.5-1402. Juvenile community review board. (4) (b) The20
board shall review the juvenile's case file and make a decision regarding21
residential community placement, taking into consideration the results of22
a validated risk and needs assessment adopted pursuant to section23
24-33.5-2402 (1),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, by the24
department of human services, the criteria established by the juvenile25
community review board based on the interests of the community, and26
guidance established by the department of human services in consultation27
HB22-1211
-6- with the COMMITTEE ON juvenile justice reform committee established1
pursuant to section 24-33.5-2401,
AS IT EXISTED PRIOR TO ITS REPEAL IN2
2022. The criteria must be based upon researched factors that have been3
demonstrated to be correlative to risk to the community.4
SECTION 9. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2022 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
HB22-1211
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