Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0331.01 Michael Dohr x4347
HOUSE BILL 22-1211
House Committees Senate Committees
Judiciary 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
SENATE
3rd Reading Unamended
March 22, 2022
SENATE
Amended 2nd Reading
March 21, 2022
HOUSE
Amended 3rd Reading
March 3, 2022
HOUSE
Amended 2nd Reading
March 2, 2022
HOUSE SPONSORSHIP
Soper and Gonzales-Gutierrez, Duran, Exum, Gray, Hooton, Jodeh, Lontine,
McCluskie, Ricks, Snyder, Van Winkle
SENATE SPONSORSHIP
Lee and Gardner, Buckner, Fenberg, Gonzales, Lundeen, Pettersen, Story
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, amend 24-33.5-24038
as follows:9
24-33.5-2403. Repeal of part. This part 24 is repealed, effective10
September 1 DECEMBER 31, 2022. Before its repeal, this part 24 is11
scheduled for review in accordance with section 2-3-1203.12
SECTION 3. In Colorado Revised Statutes, repeal part 24 of13
article 33.5 of title 24.14
SECTION 4. In Colorado Revised Statutes, 2-3-1203, repeal15
(13)(a)(V) as follows:16
2-3-1203. Sunset review of advisory committees - legislative17
declaration - definition - repeal. (13) (a) The following statutory18
authorizations for the designated advisory committees are scheduled for19
repeal on September 1, 2022:20
(V) The juvenile justice reform committee created pursuant to21
section 24-33.5-2401;22
SECTION 5. In Colorado Revised Statutes, 19-2.5-402, amend23
(4)(a) and (8)(a) as follows:24
1211-2- 19-2.5-402. Juvenile diversion program - authorized - report1
- allocation of money - legislative declaration - definitions. (4) District2
attorneys' offices or the office's designees shall:3
(a) On and after January 1, 2021, conduct a risk screening using4
a risk screening tool selected pursuant to section 24-33.5-2402 (1)(c),
AS5
IT EXISTED PRIOR TO ITS REPEAL IN 2022, for all juveniles referred to the6
district attorney pursuant to section 19-2.5-201, unless the juvenile is7
currently committed or on parole, a determination has already been made8
to divert the juvenile,
OR the district attorney declines to file charges,9
dismisses the case, or charges the juvenile with a class 1 or class 2 felony.10
The district attorney's office shall conduct the risk screening or contract11
with an alternative agency that has been formally designated by the12
district attorney's office to conduct the screening, in which case the results13
of the screening must be made available to the district attorney's office.14
The entity conducting the screening shall make the results of the risk15
screening available to the juvenile and the juvenile's family. All16
individuals using the risk screening tool must receive training on the17
appropriate use of the tool. The risk screening tool is for informing18
decisions about diversion. The risk screening tool and any information19
obtained from a juvenile in the course of any screening, including any20
admission, confession, or incriminating evidence, obtained from a21
juvenile in the course of any screening or assessment in conjunction with22
proceedings pursuant to this section or made in order to participate in a23
diversion or restorative justice program is not admissible into evidence in24
any adjudicatory hearing in which the juvenile is accused and is not25
subject to subpoena or any other court process for use in any other26
proceeding or for any other purpose.27
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-3- (8) (a) The director may implement a behavioral or mental health1
screening program to screen juveniles who participate in the juvenile2
diversion program. If the director chooses to implement a behavioral or3
mental health screening program, the director shall use the mental health4
screening tool selected pursuant to section 24-33.5-2402 (1)(b),
AS IT5
EXISTED PRIOR TO ITS REPEAL IN 2022, and conduct the screening in6
accordance with procedures established pursuant to that section.7
SECTION 6.
In Colorado Revised Statutes, 19-2.5-612, amend8
(2) and (7)(c) as follows:9
19-2.5-612. Mental health services for juvenile - how and when10
issue raised - procedure - definitions. (2) After the party advises the11
court of the party's belief that the juvenile could benefit from mental12
health services, the court shall immediately order a mental health13
screening of the juvenile pursuant to section 16-11.9-102 using the mental14
health screening tool selected pursuant to section 24-33.5-2402 (1)(b),
AS15
IT EXISTED PRIOR TO ITS REPEAL IN 2022, unless the court already has16
sufficient information to determine whether the juvenile could benefit17
from mental health services or unless a mental health screening of the18
juvenile has been completed within the last three months. Before19
sentencing a juvenile, the court shall order a mental health screening20
using the mental health screening tool selected pursuant to section21
24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, or make22
a finding that the screening would not provide information that would be23
helpful in sentencing the juvenile. The court shall not stay or suspend24
delinquency proceedings pending the results of the mental health25
screening ordered pursuant this section. However, the court may continue26
the dispositional and sentencing hearing to await the results of the mental27
1211
-4- health screening.1
(7) For purposes of this section:2
(c) "Screening" means a short validated mental health screening3
adopted by the
COMMITTEE ON juvenile justice reform committee
pursuant4
to section 24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR TO ITS REPEAL IN5
2022, to identify juveniles who may have mental health needs.6
SECTION 7.
In Colorado Revised Statutes, 19-2.5-1108, amend7
(2)(a) introductory portion and (2)(b) as follows:8
19-2.5-1108. Probation - terms - release - revocation -9
graduated responses system - rules - report - definition.10
(2) (a) Conditions of probation must be customized to each juvenile11
based on the guidelines developed by the committee on juvenile justice12
reform pursuant to section 24-33.5-2402,
AS IT EXISTED PRIOR TO ITS13
REPEAL IN 2022. The court shall, as minimum conditions of probation,14
order that the juvenile:15
(b) The court shall use the results from a validated risk and needs16
assessment adopted by the
COMMITTEE ON juvenile justice reform17
committee
pursuant to section 24-33.5-2402, AS IT EXISTED PRIOR TO ITS18
REPEAL IN 2022, to inform the court of additional conditions of probation,19
as necessary.20
SECTION 8. In Colorado Revised Statutes, 19-2.5-1109, amend21
(1) introductory portion and (1)(e) as follows:22
19-2.5-1109. Juvenile probation standards - development.23
(1) Before July 1, 2021, the state court administrator, in consultation with24
judges, the judicial branch, district attorneys, defense counsel, the25
delivery of child welfare services task force created in section 26-5-105.8,26
and other interested parties shall establish statewide standards for juvenile27
1211
-5- probation supervision and services that are aligned with research-based1
practices and based on the juvenile's risk of reoffending, as determined2
by a validated risk and needs assessment tool adopted pursuant to section3
24-33.5-2402,
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022. The state court4
administrator shall at least annually provide training to juvenile probation5
on the adoption and implementation of these standards. Juvenile standards6
must include, but need not be limited to:7
(e) Common criteria for when juvenile probation officers may8
recommend the use of out-of-home placements and commitment to the9
division of youth services. The court shall consider the results of a10
validated risk and needs assessment, a validated mental health screening,11
and, if applicable, a full mental health assessment conducted pursuant to
12
section 24-33.5-2402 to make decisions concerning the juvenile's13
placement.14
SECTION 9. In Colorado Revised Statutes, 19-2.5-1117, amend15
(7)(a) introductory portion, (7)(a)(I), and (7)(a)(IV) as follows:16
19-2.5-1117. Sentencing - commitment to the department of17
human services - definitions. (7) (a) On or before January 1, 2021, the18
department of human services, in consultation with the
COMMITTEE ON19
juvenile justice reform committee
established pursuant to section20
24-33.5-2401,
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, shall develop21
a length of stay matrix and establish criteria to guide the release of22
juveniles from a state facility that are based on:23
(I) A juvenile's risk of reoffending, as determined by the results24
of a validated risk and needs assessment adopted pursuant to section25
24-33.5-2402 (1)(a),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022;26
(IV) Other criteria as determined by the department. and the
27
1211
-6- juvenile justice reform committee.1
SECTION 10. In Colorado Revised Statutes, 19-2.5-1402,2
amend (4)(b) as follows:3
19-2.5-1402. Juvenile community review board. (4) (b) The4
board shall review the juvenile's case file and make a decision regarding5
residential community placement, taking into consideration the results of6
a validated risk and needs assessment adopted pursuant to section7
24-33.5-2402 (1),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, by the8
department of human services, the criteria established by the juvenile9
community review board based on the interests of the community, and10
guidance established by the department of human services in consultation11
with the
COMMITTEE ON juvenile justice reform committee
established12
pursuant to section 24-33.5-2401,
AS IT EXISTED PRIOR TO ITS REPEAL IN13
2022. The criteria must be based upon researched factors that have been14
demonstrated to be correlative to risk to the community.15 SECTION 11. Act subject to petition - effective date. Sections16
3 through 10 of this act take effect December 31, 2022, and the remainder17
of this act takes effect at 12:01 a.m. on the day following the expiration18
of the ninety-day period after final adjournment of the general assembly;19
except that, if a referendum petition is filed pursuant to section 1 (3) of20
article V of the state constitution against this act or an item, section, or21
part of this act within such period, then the act, item, section, or part will22
not take effect unless approved by the people at the general election to be23
held in November 2022 and, in such case, will take effect on the date of24
the official declaration of the vote thereon by the governor; except that25
sections 2 through 9 of this act take effect December 31, 2022. 26
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