Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 2, 2022
HOUSE SPONSORSHIP
Soper and Gonzales-Gutierrez,
SENATE SPONSORSHIP
Lee and Gardner,
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, 24-33.5-2402, add2
(1.5) as follows:3
24-33.5-2402. Juvenile justice reform committee - duties.4
(1.5) THE COMMITTEE SHALL COMPLETE THE TASKS IDENTIFIED IN5
SUBSECTIONS (1)(a)(II)(B), (1)(a)(II)(C), (1)(a)(II)(D), AND (1)(e)(III) OF6
THIS SECTION BEFORE THE REPEAL OF THE COMMITTEE .7
SECTION 2. In Colorado Revised Statutes, repeal part 24 of8
article 33.5 of title 24.9
SECTION 3. In Colorado Revised Statutes, 2-3-1203, repeal10
(13)(a)(V) as follows:11
2-3-1203. Sunset review of advisory committees - legislative12
declaration - definition - repeal. (13) (a) The following statutory13
authorizations for the designated advisory committees are scheduled for14
repeal on September 1, 2022:15
(V) The juvenile justice reform committee created pursuant to16
section 24-33.5-2401;17
SECTION 4. In Colorado Revised Statutes, 19-2.5-402, amend18
(4)(a) and (8)(a) as follows:19
19-2.5-402. Juvenile diversion program - authorized - report20
- allocation of money - legislative declaration - definitions. (4) District21
attorneys' offices or the office's designees shall:22
(a) On and after January 1, 2021, conduct a risk screening using23
a risk screening tool selected pursuant to section 24-33.5-2402 (1)(c),
AS24
1211-2- IT EXISTED PRIOR TO ITS REPEAL IN 2022, for all juveniles referred to the1
district attorney pursuant to section 19-2.5-201, unless the juvenile is2
currently committed or on parole, a determination has already been made3
to divert the juvenile,
OR the district attorney declines to file charges,4
dismisses the case, or charges the juvenile with a class 1 or class 2 felony.5
The district attorney's office shall conduct the risk screening or contract6
with an alternative agency that has been formally designated by the7
district attorney's office to conduct the screening, in which case the results8
of the screening must be made available to the district attorney's office.9
The entity conducting the screening shall make the results of the risk10
screening available to the juvenile and the juvenile's family. All11
individuals using the risk screening tool must receive training on the12
appropriate use of the tool. The risk screening tool is for informing13
decisions about diversion. The risk screening tool and any information14
obtained from a juvenile in the course of any screening, including any15
admission, confession, or incriminating evidence, obtained from a16
juvenile in the course of any screening or assessment in conjunction with17
proceedings pursuant to this section or made in order to participate in a18
diversion or restorative justice program is not admissible into evidence in19
any adjudicatory hearing in which the juvenile is accused and is not20
subject to subpoena or any other court process for use in any other21
proceeding or for any other purpose.22
(8) (a) The director may implement a behavioral or mental health23
screening program to screen juveniles who participate in the juvenile24
diversion program. If the director chooses to implement a behavioral or25
mental health screening program, the director shall use the mental health26
screening tool selected pursuant to section 24-33.5-2402 (1)(b),
AS IT27
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-3- EXISTED PRIOR TO ITS REPEAL IN 2022, and conduct the screening in1
accordance with procedures established pursuant to that section.2
SECTION 5. In Colorado Revised Statutes, 19-2.5-612, amend3
(2) and (7)(c) as follows:4
19-2.5-612. Mental health services for juvenile - how and when5
issue raised - procedure - definitions. (2) After the party advises the6
court of the party's belief that the juvenile could benefit from mental7
health services, the court shall immediately order a mental health8
screening of the juvenile pursuant to section 16-11.9-102 using the mental9
health screening tool selected pursuant to section 24-33.5-2402 (1)(b),
AS10
IT EXISTED PRIOR TO ITS REPEAL IN 2022, unless the court already has11
sufficient information to determine whether the juvenile could benefit12
from mental health services or unless a mental health screening of the13
juvenile has been completed within the last three months. Before14
sentencing a juvenile, the court shall order a mental health screening15
using the mental health screening tool selected pursuant to section16
24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, or make17
a finding that the screening would not provide information that would be18
helpful in sentencing the juvenile. The court shall not stay or suspend19
delinquency proceedings pending the results of the mental health20
screening ordered pursuant this section. However, the court may continue21
the dispositional and sentencing hearing to await the results of the mental22
health screening.23
(7) For purposes of this section:24
(c) "Screening" means a short validated mental health screening25
adopted by the
COMMITTEE ON juvenile justice reform committee
pursuant26
to section 24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR TO ITS REPEAL IN27
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-4- 2022, to identify juveniles who may have mental health needs.1
SECTION 6. In Colorado Revised Statutes, 19-2.5-1108, amend2
(2)(a) introductory portion and (2)(b) as follows:3
19-2.5-1108. Probation - terms - release - revocation -4
graduated responses system - rules - report - definition.5
(2) (a) Conditions of probation must be customized to each juvenile6
based on the guidelines developed by the committee on juvenile justice7
reform pursuant to section 24-33.5-2402,
AS IT EXISTED PRIOR TO ITS8
REPEAL IN 2022. The court shall, as minimum conditions of probation,9
order that the juvenile:10
(b) The court shall use the results from a validated risk and needs11
assessment adopted by the
COMMITTEE ON juvenile justice reform12
committee
pursuant to section 24-33.5-2402, AS IT EXISTED PRIOR TO ITS13
REPEAL IN 2022, to inform the court of additional conditions of probation,14
as necessary.15
SECTION 7. In Colorado Revised Statutes, 19-2.5-1109, amend16
(1) introductory portion and (1)(e) as follows:17
19-2.5-1109. Juvenile probation standards - development.18
(1) Before July 1, 2021, the state court administrator, in consultation with19
judges, the judicial branch, district attorneys, defense counsel, the20
delivery of child welfare services task force created in section 26-5-105.8,21
and other interested parties shall establish statewide standards for juvenile22
probation supervision and services that are aligned with research-based23
practices and based on the juvenile's risk of reoffending, as determined24
by a validated risk and needs assessment tool adopted pursuant to section25
24-33.5-2402,
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022. The state court26
administrator shall at least annually provide training to juvenile probation27
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-5- on the adoption and implementation of these standards. Juvenile standards1
must include, but need not be limited to:2
(e) Common criteria for when juvenile probation officers may3
recommend the use of out-of-home placements and commitment to the4
division of youth services. The court shall consider the results of a5
validated risk and needs assessment, a validated mental health screening,6
and, if applicable, a full mental health assessment conducted pursuant to7
section 24-33.5-2402 to make decisions concerning the juvenile's8
placement.9
SECTION 8. In Colorado Revised Statutes, 19-2.5-1117, amend10
(7)(a) introductory portion, (7)(a)(I), and (7)(a)(IV) as follows:11
19-2.5-1117. Sentencing - commitment to the department of12
human services - definitions. (7) (a) On or before January 1, 2021, the13
department of human services, in consultation with the
COMMITTEE ON14
juvenile justice reform committee
established pursuant to section15
24-33.5-2401,
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, shall develop16
a length of stay matrix and establish criteria to guide the release of17
juveniles from a state facility that are based on:18
(I) A juvenile's risk of reoffending, as determined by the results19
of a validated risk and needs assessment adopted pursuant to section20
24-33.5-2402 (1)(a),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022;21
(IV) Other criteria as determined by the department. and the
22
juvenile justice reform committee.23
SECTION 9. In Colorado Revised Statutes, 19-2.5-1402, amend24
(4)(b) as follows:25
19-2.5-1402. Juvenile community review board. (4) (b) The26
board shall review the juvenile's case file and make a decision regarding27
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-6- residential community placement, taking into consideration the results of1
a validated risk and needs assessment adopted pursuant to section2
24-33.5-2402 (1),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, by the3
department of human services, the criteria established by the juvenile4
community review board based on the interests of the community, and5
guidance established by the department of human services in consultation6
with the
COMMITTEE ON juvenile justice reform committee
established7
pursuant to section 24-33.5-2401,
AS IT EXISTED PRIOR TO ITS REPEAL IN8
2022. The criteria must be based upon researched factors that have been9
demonstrated to be correlative to risk to the community.10 SECTION 10. Act subject to petition - effective date. Section11
1 and this section of this act take effect upon passage, and the remainder12
of this act takes effect on December 31, 2022; except that if a referendum13
petition is filed pursuant to section 1 (3) of article V of the state14
constitution against this act or an item, section, or part of this act within15
the ninety-day period after final adjournment of the general assembly,16
then the act, item, section, or part will not take effect unless approved by17
the people at the general election to be held in November 2022 and, in18
such case, section 1 and this section of this act will take effect on the date19
of the official declaration of the vote thereon by the governor and the20
remaining sections will take effect December 31, 2022.21
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