Colorado 2022 Regular Session

Colorado House Bill HB1211 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0331.01 Michael Dohr x4347
18 HOUSE BILL 22-1211
2-BY REPRESENTATIVE(S) Soper and Gonzales-Gutierrez, Duran, Exum,
3-Gray, Hooton, Jodeh, Lontine, McCluskie, Ricks, Snyder, Van Winkle,
4-Bacon, Lindsay;
5-also SENATOR(S) Lee and Gardner, Buckner, Gonzales, Lundeen,
6-Pettersen, Story, Fenberg
7-.
9+House Committees Senate Committees
10+Judiciary Judiciary
11+A BILL FOR AN ACT
812 C
9-ONCERNING THE CONTINUATION OF TH E COMMITTEE ON JUVENILE JUSTICE
10-REFORM
11-, AND, IN CONNECTION THEREWITH , IMPLEMENTING THE
12-RECOMMENDATION CONTAINED IN THE
13-2021 SUNSET REPORT BY THE
14-DEPARTMENT OF REGULATORY AGENCIES TO SUNSET THE COMMITTEE
15-ON JUVENILE JUSTICE REFORM
16-.
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. In Colorado Revised Statutes, 24-33.5-2402, add
19-(1.5) as follows:
20-24-33.5-2402. Juvenile justice reform committee - duties.
21-(1.5) T
22-HE COMMITTEE SHALL COMPLETE THE TASKS IDENTIFIED IN
23-SUBSECTIONS
24- (1)(a)(II)(B), (1)(a)(II)(C), (1)(a)(II)(D), AND (1)(e)(III) OF
25-THIS SECTION BEFORE THE REPEAL OF THE COMMITTEE
26-.
27-NOTE: This bill has been prepared for the signatures of the appropriate legislative
28-officers and the Governor. To determine whether the Governor has signed the bill
29-or taken other action on it, please consult the legislative status sheet, the legislative
30-history, or the Session Laws.
31-________
32-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33-through words or numbers indicate deletions from existing law and such material is not part of
34-the act. SECTION 2. In Colorado Revised Statutes, amend 24-33.5-2403
35-as follows:
36-24-33.5-2403. Repeal of part. This part 24 is repealed, effective
37-September 1 DECEMBER 31, 2022. Before its repeal, this part 24 is
38-scheduled for review in accordance with section 2-3-1203.
39-SECTION 3. In Colorado Revised Statutes, repeal part 24 of article
40-33.5 of title 24.
41-SECTION 4. In Colorado Revised Statutes, 2-3-1203, repeal
42-(13)(a)(V) as follows:
43-2-3-1203. Sunset review of advisory committees - legislative
44-declaration - definition - repeal. (13) (a) The following statutory
45-authorizations for the designated advisory committees are scheduled for
46-repeal on September 1, 2022:
47-(V) The juvenile justice reform committee created pursuant to
48-section 24-33.5-2401;
49-SECTION 5. In Colorado Revised Statutes, 19-2.5-402, amend
50-(4)(a) and (8)(a) as follows:
51-19-2.5-402. Juvenile diversion program - authorized - report -
52-allocation of money - legislative declaration - definitions. (4) District
53-attorneys' offices or the office's designees shall:
54-(a) On and after January 1, 2021, conduct a risk screening using a
55-risk screening tool selected pursuant to section 24-33.5-2402 (1)(c),
56-AS IT
57-EXISTED PRIOR TO ITS REPEAL IN
58-2022, for all juveniles referred to the
59-district attorney pursuant to section 19-2.5-201, unless the juvenile is
60-currently committed or on parole, a determination has already been made
13+ONCERNING THE CONTINUATION OF THE COMMITTEE ON JUVENILE101
14+JUSTICE REFORM , AND, IN CONNECTION THEREWITH ,102
15+IMPLEMENTING THE RECOMME NDATION CONTAINED IN THE103
16+2021
17+ SUNSET REPORT BY THE DEPARTMENT OF REGULATORY104
18+AGENCIES TO SUNSET THE COMMITTEE ON JUVENILE JUSTICE105
19+REFORM.106
20+Bill Summary
21+(Note: This summary applies to this bill as introduced and does
22+not reflect any amendments that may be subsequently adopted. If this bill
23+passes third reading in the house of introduction, a bill summary that
24+applies to the reengrossed version of this bill will be available at
25+http://leg.colorado.gov/
26+.)
27+Sunset Process - House Judiciary Committee. The bill
28+SENATE
29+3rd Reading Unamended
30+March 22, 2022
31+SENATE
32+Amended 2nd Reading
33+March 21, 2022
34+HOUSE
35+Amended 3rd Reading
36+March 3, 2022
37+HOUSE
38+Amended 2nd Reading
39+March 2, 2022
40+HOUSE SPONSORSHIP
41+Soper and Gonzales-Gutierrez, Duran, Exum, Gray, Hooton, Jodeh, Lontine,
42+McCluskie, Ricks, Snyder, Van Winkle
43+SENATE SPONSORSHIP
44+Lee and Gardner, Buckner, Fenberg, Gonzales, Lundeen, Pettersen, Story
45+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
47+Dashes through the words indicate deletions from existing statute. implements the recommendation of the department of regulatory agencies'
48+sunset review and report concerning the committee on juvenile justice
49+reform by repealing the committee.
50+Be it enacted by the General Assembly of the State of Colorado:1
51+SECTION 1. In Colorado Revised Statutes, 24-33.5-2402, add2
52+(1.5) as follows:3
53+24-33.5-2402. Juvenile justice reform committee - duties.4
54+(1.5) THE COMMITTEE SHALL COMPLETE THE TASKS IDENTIFIED IN5
55+SUBSECTIONS (1)(a)(II)(B), (1)(a)(II)(C), (1)(a)(II)(D), AND (1)(e)(III) OF6
56+THIS SECTION BEFORE THE REPEAL OF THE COMMITTEE .7
57+SECTION 2. In Colorado Revised Statutes, amend 24-33.5-24038
58+as follows:9
59+24-33.5-2403. Repeal of part. This part 24 is repealed, effective10
60+September 1 DECEMBER 31, 2022. Before its repeal, this part 24 is11
61+scheduled for review in accordance with section 2-3-1203.12
62+SECTION 3. In Colorado Revised Statutes, repeal part 24 of13
63+article 33.5 of title 24.14
64+SECTION 4. In Colorado Revised Statutes, 2-3-1203, repeal15
65+(13)(a)(V) as follows:16
66+2-3-1203. Sunset review of advisory committees - legislative17
67+declaration - definition - repeal. (13) (a) The following statutory18
68+authorizations for the designated advisory committees are scheduled for19
69+repeal on September 1, 2022:20
70+(V) The juvenile justice reform committee created pursuant to21
71+section 24-33.5-2401;22
72+SECTION 5. In Colorado Revised Statutes, 19-2.5-402, amend23
73+(4)(a) and (8)(a) as follows:24
74+1211-2- 19-2.5-402. Juvenile diversion program - authorized - report1
75+- allocation of money - legislative declaration - definitions. (4) District2
76+attorneys' offices or the office's designees shall:3
77+(a) On and after January 1, 2021, conduct a risk screening using4
78+a risk screening tool selected pursuant to section 24-33.5-2402 (1)(c),
79+AS5
80+IT EXISTED PRIOR TO ITS REPEAL IN 2022, for all juveniles referred to the6
81+district attorney pursuant to section 19-2.5-201, unless the juvenile is7
82+currently committed or on parole, a determination has already been made8
6183 to divert the juvenile,
62-OR the district attorney declines to file charges,
63-dismisses the case, or charges the juvenile with a class 1 or class 2 felony.
64-The district attorney's office shall conduct the risk screening or contract
65-with an alternative agency that has been formally designated by the district
66-attorney's office to conduct the screening, in which case the results of the
67-screening must be made available to the district attorney's office. The entity
68-conducting the screening shall make the results of the risk screening
69-PAGE 2-HOUSE BILL 22-1211 available to the juvenile and the juvenile's family. All individuals using the
70-risk screening tool must receive training on the appropriate use of the tool.
71-The risk screening tool is for informing decisions about diversion. The risk
72-screening tool and any information obtained from a juvenile in the course
73-of any screening, including any admission, confession, or incriminating
74-evidence, obtained from a juvenile in the course of any screening or
75-assessment in conjunction with proceedings pursuant to this section or made
76-in order to participate in a diversion or restorative justice program is not
77-admissible into evidence in any adjudicatory hearing in which the juvenile
78-is accused and is not subject to subpoena or any other court process for use
79-in any other proceeding or for any other purpose.
80-(8) (a) The director may implement a behavioral or mental health
81-screening program to screen juveniles who participate in the juvenile
82-diversion program. If the director chooses to implement a behavioral or
83-mental health screening program, the director shall use the mental health
84+OR the district attorney declines to file charges,9
85+dismisses the case, or charges the juvenile with a class 1 or class 2 felony.10
86+The district attorney's office shall conduct the risk screening or contract11
87+with an alternative agency that has been formally designated by the12
88+district attorney's office to conduct the screening, in which case the results13
89+of the screening must be made available to the district attorney's office.14
90+The entity conducting the screening shall make the results of the risk15
91+screening available to the juvenile and the juvenile's family. All16
92+individuals using the risk screening tool must receive training on the17
93+appropriate use of the tool. The risk screening tool is for informing18
94+decisions about diversion. The risk screening tool and any information19
95+obtained from a juvenile in the course of any screening, including any20
96+admission, confession, or incriminating evidence, obtained from a21
97+juvenile in the course of any screening or assessment in conjunction with22
98+proceedings pursuant to this section or made in order to participate in a23
99+diversion or restorative justice program is not admissible into evidence in24
100+any adjudicatory hearing in which the juvenile is accused and is not25
101+subject to subpoena or any other court process for use in any other26
102+proceeding or for any other purpose.27
103+1211
104+-3- (8) (a) The director may implement a behavioral or mental health1
105+screening program to screen juveniles who participate in the juvenile2
106+diversion program. If the director chooses to implement a behavioral or3
107+mental health screening program, the director shall use the mental health4
84108 screening tool selected pursuant to section 24-33.5-2402 (1)(b),
85-AS IT
86-EXISTED PRIOR TO ITS REPEAL IN
87-2022, and conduct the screening in
88-accordance with procedures established pursuant to that section.
89-SECTION 6. In Colorado Revised Statutes, 19-2.5-612, amend (2)
90-and (7)(c) as follows:
91-19-2.5-612. Mental health services for juvenile - how and when
92-issue raised - procedure - definitions. (2) After the party advises the court
93-of the party's belief that the juvenile could benefit from mental health
94-services, the court shall immediately order a mental health screening of the
95-juvenile pursuant to section 16-11.9-102 using the mental health screening
96-tool selected pursuant to section 24-33.5-2402 (1)(b),
97-AS IT EXISTED PRIOR
98-TO ITS REPEAL IN
99-2022, unless the court already has sufficient information
100-to determine whether the juvenile could benefit from mental health services
101-or unless a mental health screening of the juvenile has been completed
102-within the last three months. Before sentencing a juvenile, the court shall
103-order a mental health screening using the mental health screening tool
104-selected pursuant to section 24-33.5-2402 (1)(b),
105-AS IT EXISTED PRIOR TO ITS
106-REPEAL IN
107-2022, or make a finding that the screening would not provide
108-information that would be helpful in sentencing the juvenile. The court shall
109-not stay or suspend delinquency proceedings pending the results of the
110-mental health screening ordered pursuant this section. However, the court
111-may continue the dispositional and sentencing hearing to await the results
112-PAGE 3-HOUSE BILL 22-1211 of the mental health screening.
113-(7) For purposes of this section:
114-(c) "Screening" means a short validated mental health screening
109+AS IT5
110+EXISTED PRIOR TO ITS REPEAL IN 2022, and conduct the screening in6
111+accordance with procedures established pursuant to that section.7
112+SECTION 6.
113+ In Colorado Revised Statutes, 19-2.5-612, amend8
114+(2) and (7)(c) as follows:9
115+19-2.5-612. Mental health services for juvenile - how and when10
116+issue raised - procedure - definitions. (2) After the party advises the11
117+court of the party's belief that the juvenile could benefit from mental12
118+health services, the court shall immediately order a mental health13
119+screening of the juvenile pursuant to section 16-11.9-102 using the mental14
120+health screening tool selected pursuant to section 24-33.5-2402 (1)(b),
121+AS15
122+IT EXISTED PRIOR TO ITS REPEAL IN 2022, unless the court already has16
123+sufficient information to determine whether the juvenile could benefit17
124+from mental health services or unless a mental health screening of the18
125+juvenile has been completed within the last three months. Before19
126+sentencing a juvenile, the court shall order a mental health screening20
127+using the mental health screening tool selected pursuant to section21
128+24-33.5-2402 (1)(b),
129+AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, or make22
130+a finding that the screening would not provide information that would be23
131+helpful in sentencing the juvenile. The court shall not stay or suspend24
132+delinquency proceedings pending the results of the mental health25
133+screening ordered pursuant this section. However, the court may continue26
134+the dispositional and sentencing hearing to await the results of the mental27
135+1211
136+-4- health screening.1
137+(7) For purposes of this section:2
138+(c) "Screening" means a short validated mental health screening3
115139 adopted by the
116140 COMMITTEE ON juvenile justice reform committee
117- pursuant
141+ pursuant4
118142 to section 24-33.5-2402 (1)(b),
119-AS IT EXISTED PRIOR TO ITS REPEAL IN 2022,
120-to identify juveniles who may have mental health needs.
121-SECTION 7. In Colorado Revised Statutes, 19-2.5-1108, amend
122-(2)(a) introductory portion and (2)(b) as follows:
123-19-2.5-1108. Probation - terms - release - revocation - graduated
124-responses system - rules - report - definition. (2) (a) Conditions of
125-probation must be customized to each juvenile based on the guidelines
126-developed by the committee on juvenile justice reform pursuant to section
143+AS IT EXISTED PRIOR TO ITS REPEAL IN5
144+2022, to identify juveniles who may have mental health needs.6
145+SECTION 7.
146+ In Colorado Revised Statutes, 19-2.5-1108, amend7
147+(2)(a) introductory portion and (2)(b) as follows:8
148+19-2.5-1108. Probation - terms - release - revocation -9
149+graduated responses system - rules - report - definition.10
150+(2) (a) Conditions of probation must be customized to each juvenile11
151+based on the guidelines developed by the committee on juvenile justice12
152+reform pursuant to section 24-33.5-2402,
153+AS IT EXISTED PRIOR TO ITS13
154+REPEAL IN 2022. The court shall, as minimum conditions of probation,14
155+order that the juvenile:15
156+(b) The court shall use the results from a validated risk and needs16
157+assessment adopted by the
158+COMMITTEE ON juvenile justice reform17
159+committee
160+ pursuant to section 24-33.5-2402, AS IT EXISTED PRIOR TO ITS18
161+REPEAL IN 2022, to inform the court of additional conditions of probation,19
162+as necessary.20
163+SECTION 8. In Colorado Revised Statutes, 19-2.5-1109, amend21
164+(1) introductory portion and (1)(e) as follows:22
165+19-2.5-1109. Juvenile probation standards - development.23
166+(1) Before July 1, 2021, the state court administrator, in consultation with24
167+judges, the judicial branch, district attorneys, defense counsel, the25
168+delivery of child welfare services task force created in section 26-5-105.8,26
169+and other interested parties shall establish statewide standards for juvenile27
170+1211
171+-5- probation supervision and services that are aligned with research-based1
172+practices and based on the juvenile's risk of reoffending, as determined2
173+by a validated risk and needs assessment tool adopted pursuant to section3
127174 24-33.5-2402,
128-AS IT EXISTED PRIOR TO ITS REPEAL IN 2022. The court shall,
129-as minimum conditions of probation, order that the juvenile:
130-(b) The court shall use the results from a validated risk and needs
131-assessment adopted by the
132-COMMITTEE ON juvenile justice reform
133-committee
134- pursuant to section 24-33.5-2402, AS IT EXISTED PRIOR TO ITS
135-REPEAL IN
136-2022, to inform the court of additional conditions of probation,
137-as necessary.
138-SECTION 8. In Colorado Revised Statutes, 19-2.5-1109, amend
139-(1) introductory portion and (1)(e) as follows:
140-19-2.5-1109. Juvenile probation standards - development.
141-(1) Before July 1, 2021, the state court administrator, in consultation with
142-judges, the judicial branch, district attorneys, defense counsel, the delivery
143-of child welfare services task force created in section 26-5-105.8, and other
144-interested parties shall establish statewide standards for juvenile probation
145-supervision and services that are aligned with research-based practices and
146-based on the juvenile's risk of reoffending, as determined by a validated risk
147-and needs assessment tool adopted pursuant to section 24-33.5-2402,
148-AS IT
149-EXISTED PRIOR TO ITS REPEAL IN
150-2022. The state court administrator shall at
151-least annually provide training to juvenile probation on the adoption and
152-implementation of these standards. Juvenile standards must include, but
153-need not be limited to:
154-PAGE 4-HOUSE BILL 22-1211 (e) Common criteria for when juvenile probation officers may
155-recommend the use of out-of-home placements and commitment to the
156-division of youth services. The court shall consider the results of a validated
157-risk and needs assessment, a validated mental health screening, and, if
158-applicable, a full mental health assessment conducted pursuant to section
159-24-33.5-2402 to make decisions concerning the juvenile's placement.
160-SECTION 9. In Colorado Revised Statutes, 19-2.5-1117, amend
161-(7)(a) introductory portion, (7)(a)(I), and (7)(a)(IV) as follows:
162-19-2.5-1117. Sentencing - commitment to the department of
163-human services - definitions. (7) (a) On or before January 1, 2021, the
175+AS IT EXISTED PRIOR TO ITS REPEAL IN 2022. The state court4
176+administrator shall at least annually provide training to juvenile probation5
177+on the adoption and implementation of these standards. Juvenile standards6
178+must include, but need not be limited to:7
179+(e) Common criteria for when juvenile probation officers may8
180+recommend the use of out-of-home placements and commitment to the9
181+division of youth services. The court shall consider the results of a10
182+validated risk and needs assessment, a validated mental health screening,11
183+and, if applicable, a full mental health assessment conducted pursuant to
184+12
185+section 24-33.5-2402 to make decisions concerning the juvenile's13
186+placement.14
187+SECTION 9. In Colorado Revised Statutes, 19-2.5-1117, amend15
188+(7)(a) introductory portion, (7)(a)(I), and (7)(a)(IV) as follows:16
189+19-2.5-1117. Sentencing - commitment to the department of17
190+human services - definitions. (7) (a) On or before January 1, 2021, the18
164191 department of human services, in consultation with the
165-COMMITTEE ON
192+COMMITTEE ON19
166193 juvenile justice reform committee
167- established pursuant to section
194+ established pursuant to section20
168195 24-33.5-2401,
169-AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, shall develop a
170-length of stay matrix and establish criteria to guide the release of juveniles
171-from a state facility that are based on:
172-(I) A juvenile's risk of reoffending, as determined by the results of
173-a validated risk and needs assessment adopted pursuant to section
196+AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, shall develop21
197+a length of stay matrix and establish criteria to guide the release of22
198+juveniles from a state facility that are based on:23
199+(I) A juvenile's risk of reoffending, as determined by the results24
200+of a validated risk and needs assessment adopted pursuant to section25
174201 24-33.5-2402 (1)(a),
175-AS IT EXISTED PRIOR TO ITS REPEAL IN 2022;
176-(IV) Other criteria as determined by the department. and the juvenile
177-justice reform committee.
178-SECTION 10. In Colorado Revised Statutes, 19-2.5-1402, amend
179-(4)(b) as follows:
180-19-2.5-1402. Juvenile community review board. (4) (b) The
181-board shall review the juvenile's case file and make a decision regarding
182-residential community placement, taking into consideration the results of a
183-validated risk and needs assessment adopted pursuant to section
202+AS IT EXISTED PRIOR TO ITS REPEAL IN 2022;26
203+(IV) Other criteria as determined by the department. and the
204+27
205+1211
206+-6- juvenile justice reform committee.1
207+SECTION 10. In Colorado Revised Statutes, 19-2.5-1402,2
208+amend (4)(b) as follows:3
209+19-2.5-1402. Juvenile community review board. (4) (b) The4
210+board shall review the juvenile's case file and make a decision regarding5
211+residential community placement, taking into consideration the results of6
212+a validated risk and needs assessment adopted pursuant to section7
184213 24-33.5-2402 (1),
185-AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, by the
186-department of human services, the criteria established by the juvenile
187-community review board based on the interests of the community, and
188-guidance established by the department of human services in consultation
214+AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, by the8
215+department of human services, the criteria established by the juvenile9
216+community review board based on the interests of the community, and10
217+guidance established by the department of human services in consultation11
189218 with the
190219 COMMITTEE ON juvenile justice reform committee
191- established
220+ established12
192221 pursuant to section 24-33.5-2401,
193-AS IT EXISTED PRIOR TO ITS REPEAL IN
194-2022. The criteria must be based upon researched factors that have been
195-demonstrated to be correlative to risk to the community.
196-PAGE 5-HOUSE BILL 22-1211 SECTION 11. Act subject to petition - effective date. Sections 3
197-through 10 of this act take effect December 31, 2022, and the remainder of
198-this act takes effect at 12:01 a.m. on the day following the expiration of the
199-ninety-day period after final adjournment of the general assembly; except
200-that, if a referendum petition is filed pursuant to section 1 (3) of article V
201-of the state constitution against this act or an item, section, or part of this act
202-within such period, then the act, item, section, or part will not take effect
203-unless approved by the people at the general election to be held in
204-November 2022 and, in such case, will take effect on the date of the official
205-PAGE 6-HOUSE BILL 22-1211 declaration of the vote thereon by the governor; except that sections 2
206-through 9 of this act take effect December 31, 2022.
207-____________________________ ____________________________
208-Alec Garnett Steve Fenberg
209-SPEAKER OF THE HOUSE PRESIDENT OF
210-OF REPRESENTATIVES THE SENATE
211-____________________________ ____________________________
212-Robin Jones Cindi L. Markwell
213-CHIEF CLERK OF THE HOUSE SECRETARY OF
214-OF REPRESENTATIVES THE SENATE
215- APPROVED________________________________________
216- (Date and Time)
217- _________________________________________
218- Jared S. Polis
219- GOVERNOR OF THE STATE OF COLORADO
220-PAGE 7-HOUSE BILL 22-1211
222+AS IT EXISTED PRIOR TO ITS REPEAL IN13
223+2022. The criteria must be based upon researched factors that have been14
224+demonstrated to be correlative to risk to the community.15 SECTION 11. Act subject to petition - effective date. Sections16
225+3 through 10 of this act take effect December 31, 2022, and the remainder17
226+of this act takes effect at 12:01 a.m. on the day following the expiration18
227+of the ninety-day period after final adjournment of the general assembly;19
228+except that, if a referendum petition is filed pursuant to section 1 (3) of20
229+article V of the state constitution against this act or an item, section, or21
230+part of this act within such period, then the act, item, section, or part will22
231+not take effect unless approved by the people at the general election to be23
232+held in November 2022 and, in such case, will take effect on the date of24
233+the official declaration of the vote thereon by the governor; except that25
234+sections 2 through 9 of this act take effect December 31, 2022. 26
235+1211
236+-7-