HOUSE BILL 22-1211
BY REPRESENTATIVE(S) Soper and Gonzales-Gutierrez, Duran, Exum,
Gray, Hooton, Jodeh, Lontine, McCluskie, Ricks, Snyder, Van Winkle,
Bacon, Lindsay;
also SENATOR(S) Lee and Gardner, Buckner, Gonzales, Lundeen,
Pettersen, Story, Fenberg
.
C
ONCERNING THE CONTINUATION OF TH E COMMITTEE ON JUVENILE JUSTICE
REFORM
, AND, IN CONNECTION THEREWITH , IMPLEMENTING THE
RECOMMENDATION CONTAINED IN THE
2021 SUNSET REPORT BY THE
DEPARTMENT OF REGULATORY AGENCIES TO SUNSET THE COMMITTEE
ON JUVENILE JUSTICE REFORM
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-33.5-2402, add
(1.5) as follows:
24-33.5-2402. Juvenile justice reform committee - duties.
(1.5) T
HE COMMITTEE SHALL COMPLETE THE TASKS IDENTIFIED IN
SUBSECTIONS
(1)(a)(II)(B), (1)(a)(II)(C), (1)(a)(II)(D), AND (1)(e)(III) OF
THIS SECTION BEFORE THE REPEAL OF THE COMMITTEE
.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SECTION 2. In Colorado Revised Statutes, amend 24-33.5-2403
as follows:
24-33.5-2403. Repeal of part. This part 24 is repealed, effective
September 1 DECEMBER 31, 2022. Before its repeal, this part 24 is
scheduled for review in accordance with section 2-3-1203.
SECTION 3. In Colorado Revised Statutes, repeal part 24 of article
33.5 of title 24.
SECTION 4. In Colorado Revised Statutes, 2-3-1203, repeal
(13)(a)(V) as follows:
2-3-1203. Sunset review of advisory committees - legislative
declaration - definition - repeal. (13) (a) The following statutory
authorizations for the designated advisory committees are scheduled for
repeal on September 1, 2022:
(V) The juvenile justice reform committee created pursuant to
section 24-33.5-2401;
SECTION 5. In Colorado Revised Statutes, 19-2.5-402, amend
(4)(a) and (8)(a) as follows:
19-2.5-402. Juvenile diversion program - authorized - report -
allocation of money - legislative declaration - definitions. (4) District
attorneys' offices or the office's designees shall:
(a) On and after January 1, 2021, conduct a risk screening using a
risk screening tool selected pursuant to section 24-33.5-2402 (1)(c),
AS IT
EXISTED PRIOR TO ITS REPEAL IN
2022, for all juveniles referred to the
district attorney pursuant to section 19-2.5-201, unless the juvenile is
currently committed or on parole, a determination has already been made
to divert the juvenile,
OR the district attorney declines to file charges,
dismisses the case, or charges the juvenile with a class 1 or class 2 felony.
The district attorney's office shall conduct the risk screening or contract
with an alternative agency that has been formally designated by the district
attorney's office to conduct the screening, in which case the results of the
screening must be made available to the district attorney's office. The entity
conducting the screening shall make the results of the risk screening
PAGE 2-HOUSE BILL 22-1211 available to the juvenile and the juvenile's family. All individuals using the
risk screening tool must receive training on the appropriate use of the tool.
The risk screening tool is for informing decisions about diversion. The risk
screening tool and any information obtained from a juvenile in the course
of any screening, including any admission, confession, or incriminating
evidence, obtained from a juvenile in the course of any screening or
assessment in conjunction with proceedings pursuant to this section or made
in order to participate in a diversion or restorative justice program is not
admissible into evidence in any adjudicatory hearing in which the juvenile
is accused and is not subject to subpoena or any other court process for use
in any other proceeding or for any other purpose.
(8) (a) The director may implement a behavioral or mental health
screening program to screen juveniles who participate in the juvenile
diversion program. If the director chooses to implement a behavioral or
mental health screening program, the director shall use the mental health
screening tool selected pursuant to section 24-33.5-2402 (1)(b),
AS IT
EXISTED PRIOR TO ITS REPEAL IN
2022, and conduct the screening in
accordance with procedures established pursuant to that section.
SECTION 6. In Colorado Revised Statutes, 19-2.5-612, amend (2)
and (7)(c) as follows:
19-2.5-612. Mental health services for juvenile - how and when
issue raised - procedure - definitions. (2) After the party advises the court
of the party's belief that the juvenile could benefit from mental health
services, the court shall immediately order a mental health screening of the
juvenile pursuant to section 16-11.9-102 using the mental health screening
tool selected pursuant to section 24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR
TO ITS REPEAL IN
2022, unless the court already has sufficient information
to determine whether the juvenile could benefit from mental health services
or unless a mental health screening of the juvenile has been completed
within the last three months. Before sentencing a juvenile, the court shall
order a mental health screening using the mental health screening tool
selected pursuant to section 24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR TO ITS
REPEAL IN
2022, or make a finding that the screening would not provide
information that would be helpful in sentencing the juvenile. The court shall
not stay or suspend delinquency proceedings pending the results of the
mental health screening ordered pursuant this section. However, the court
may continue the dispositional and sentencing hearing to await the results
PAGE 3-HOUSE BILL 22-1211 of the mental health screening.
(7) For purposes of this section:
(c) "Screening" means a short validated mental health screening
adopted by the
COMMITTEE ON juvenile justice reform committee
pursuant
to section 24-33.5-2402 (1)(b),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022,
to identify juveniles who may have mental health needs.
SECTION 7. In Colorado Revised Statutes, 19-2.5-1108, amend
(2)(a) introductory portion and (2)(b) as follows:
19-2.5-1108. Probation - terms - release - revocation - graduated
responses system - rules - report - definition. (2) (a) Conditions of
probation must be customized to each juvenile based on the guidelines
developed by the committee on juvenile justice reform pursuant to section
24-33.5-2402,
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022. The court shall,
as minimum conditions of probation, order that the juvenile:
(b) The court shall use the results from a validated risk and needs
assessment adopted by the
COMMITTEE ON juvenile justice reform
committee
pursuant to section 24-33.5-2402, AS IT EXISTED PRIOR TO ITS
REPEAL IN
2022, to inform the court of additional conditions of probation,
as necessary.
SECTION 8. In Colorado Revised Statutes, 19-2.5-1109, amend
(1) introductory portion and (1)(e) as follows:
19-2.5-1109. Juvenile probation standards - development.
(1) Before July 1, 2021, the state court administrator, in consultation with
judges, the judicial branch, district attorneys, defense counsel, the delivery
of child welfare services task force created in section 26-5-105.8, and other
interested parties shall establish statewide standards for juvenile probation
supervision and services that are aligned with research-based practices and
based on the juvenile's risk of reoffending, as determined by a validated risk
and needs assessment tool adopted pursuant to section 24-33.5-2402,
AS IT
EXISTED PRIOR TO ITS REPEAL IN
2022. The state court administrator shall at
least annually provide training to juvenile probation on the adoption and
implementation of these standards. Juvenile standards must include, but
need not be limited to:
PAGE 4-HOUSE BILL 22-1211 (e) Common criteria for when juvenile probation officers may
recommend the use of out-of-home placements and commitment to the
division of youth services. The court shall consider the results of a validated
risk and needs assessment, a validated mental health screening, and, if
applicable, a full mental health assessment conducted pursuant to section
24-33.5-2402 to make decisions concerning the juvenile's placement.
SECTION 9. In Colorado Revised Statutes, 19-2.5-1117, amend
(7)(a) introductory portion, (7)(a)(I), and (7)(a)(IV) as follows:
19-2.5-1117. Sentencing - commitment to the department of
human services - definitions. (7) (a) On or before January 1, 2021, the
department of human services, in consultation with the
COMMITTEE ON
juvenile justice reform committee
established pursuant to section
24-33.5-2401,
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, shall develop a
length of stay matrix and establish criteria to guide the release of juveniles
from a state facility that are based on:
(I) A juvenile's risk of reoffending, as determined by the results of
a validated risk and needs assessment adopted pursuant to section
24-33.5-2402 (1)(a),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022;
(IV) Other criteria as determined by the department. and the juvenile
justice reform committee.
SECTION 10. In Colorado Revised Statutes, 19-2.5-1402, amend
(4)(b) as follows:
19-2.5-1402. Juvenile community review board. (4) (b) The
board shall review the juvenile's case file and make a decision regarding
residential community placement, taking into consideration the results of a
validated risk and needs assessment adopted pursuant to section
24-33.5-2402 (1),
AS IT EXISTED PRIOR TO ITS REPEAL IN 2022, by the
department of human services, the criteria established by the juvenile
community review board based on the interests of the community, and
guidance established by the department of human services in consultation
with the
COMMITTEE ON juvenile justice reform committee
established
pursuant to section 24-33.5-2401,
AS IT EXISTED PRIOR TO ITS REPEAL IN
2022. The criteria must be based upon researched factors that have been
demonstrated to be correlative to risk to the community.
PAGE 5-HOUSE BILL 22-1211 SECTION 11. Act subject to petition - effective date. Sections 3
through 10 of this act take effect December 31, 2022, and the remainder of
this act takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2022 and, in such case, will take effect on the date of the official
PAGE 6-HOUSE BILL 22-1211 declaration of the vote thereon by the governor; except that sections 2
through 9 of this act take effect December 31, 2022.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 22-1211