First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0634.01 Chelsea Princell x4335
HOUSE BILL 23-1249
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IMPROVE OUTCOMES FOR YOUNG101
CHILDREN BY REPLACING JUSTICE INVOLVEMENT WITH102
COMMUNITY -BASED
SERVICES, AND, IN CONNECTION103
THEREWITH, MAKING AN APPROPRIATION .104
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
.)
Under current law, counties are permitted to form a local
collaborative management program to provide services to youth. The bill
requires every county to participate in a local collaborative management
HOUSE
3rd Reading Unamended
April 17, 2023
HOUSE
Amended 2nd Reading
April 15, 2023
HOUSE SPONSORSHIP
Armagost and Gonzales-Gutierrez, Amabile, Bacon, Boesenecker, Bradfield, deGruy
Kennedy, Duran, Epps, Garcia, Jodeh, Joseph, Lindstedt, Mabrey, Martinez, Ortiz, Sharbini,
Velasco, Vigil, Woodrow, Brown, Dickson, English, Froelich, Herod, Kipp, Lindsay,
Michaelson Jenet, Parenti, Ricks, Sirota, Story, Weissman, Willford
SENATE SPONSORSHIP
Simpson and Coleman, Gonzales, Hinrichsen, Moreno
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. program and requires the local collaborative management program to
serve children 10 to 12 years of age and to form a service and support
team to create service and support plans for children 10 to 12 years of
age.
The bill provides an appropriation for local collaborative
management programs and requires the department of human services to
provide technical assistance to the programs.
The bill changes the minimum age of a child who is subject to the
juvenile court's jurisdiction. Under current law, children who are 10 years
of age or older can be prosecuted in juvenile court. The bill removes
children who are 10 to 12 years of age from the juvenile court's
jurisdiction and increases the age for prosecution in juvenile court to 13
years of age; except in the case of a homicide, then the juvenile court's
jurisdiction extends to children who are 10 to 12 years of age.
The bill clarifies that children who are 10 to12 years of age may
be taken into temporary custody by law enforcement for safety.
The bill provides that when children who are 10 to 12 years of age
have contact with law enforcement, law enforcement will complete a
form to refer the child to the local collaborative management program.
The local collaborative management program's individualized service and
support team is required to complete an initial plan for every child who
is referred, which may find that no services are needed, that one or more
specific services are needed and can be provided without an
individualized service and support team meeting, or that an individualized
service and support team meeting is required to develop a service and
support plan for the child and family. Victims have the right to be
informed and provide input to the plan.
The individualized service and support team is required to hold a
meeting and develop an individualized service and support plan for every
child who is 10 to 12 years of age who allegedly engaged in behavior that
would constitute a crime of violence or felony sex offense. The county
department of human or social services is required to attend the meeting
if the behavior would constitute a felony sex offense. The county
department of human or social services is required to make a
determination as to whether the department of human services will
provide prevention and intervention services or conduct a formal
assessment, investigate, provide services, or open a case.
The bill clarifies that victims of actions by children who are 10 to
12 years of age are still able to access existing victim services and
compensation. The bill provides that victims shall receive a free copy of
the form completed by law enforcement, which can be used to request
victim's compensation.
The bill provides that a minor child, or a parent or guardian
seeking relief on behalf of a minor child, shall not pay a fee to seek a
protection order. Courts that issue protection orders shall provide
1249
-2- assistance to individuals in completing judicial forms to obtain a
protection order. The bill changes the minimum age that a person can be
held in custody for contempt of court for failing to comply with a
protection order to a person who is 13 years of age. A child who is 10 to
12 years of age who fails to comply with a protection order may be court
ordered to participate in a collaborative management program.
The bill changes the minimum age of a county court's concurrent
original jurisdiction with the district court in criminal actions that
constitute misdemeanors or petty offenses to 13 years of age.
The bill changes the minimum age to be charged by a municipal
court for a municipal offense to 13 years of age.
Under current law, a juvenile court may transfer a child to district
court for adult criminal proceedings under certain conditions. The bill
eliminates the ability for the juvenile court to transfer children who are 12
or 13 years of age to the district court. For a child who is 14 years of age
or older, the bill changes the current authority of the juvenile court to
transfer the child's case for any delinquent act that constitutes any felony
to only any delinquent act that constitutes a class 1 or class 2 felony or a
crime of violence.
The bill extends certain sentencing protections that are currently
provided to children who are 10 or 11 years of age to children who are 13
or 14 years of age.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Providing developmentally appropriate services to young4
children to address the underlying causes of problematic behaviors5
prevents future youth misbehavior, thereby reducing recidivism in both6
adolescence and adulthood, which leads to safer communities;7
(b) Behavioral health programs, schools, child welfare services,8
and other community-based programs and services are better equipped9
than the juvenile justice system to identify and address the needs of young10
children and to provide developmentally appropriate services to improve11
community safety and reduce the risk that young children commit future12
crimes as adults;13
1249-3- (c) Ensuring that young children are served outside of the juvenile1
justice system reduces the negative impacts for young children and their2
communities. Young children who are charged with crimes and placed in3
the juvenile justice system, as compared to similarly situated young4
children who are served outside of the juvenile justice system, are more5
likely to enter the criminal justice system as adults, present a future threat6
to community safety, face mental health challenges, and are less likely to7
graduate from high school.8
(d) Colorado has an existing system of local collaborative9
management programs that can be improved to ensure young children10
receive appropriate services outside of the juvenile justice system, which11
will improve outcomes for young children and make communities safer;12
(e) Serving young children through local collaborative13
management programs reduces future victimization. Young children in14
the juvenile justice system are at a higher risk of becoming victims of15
violence within the justice system.16
(f) A community-based alternative to serve young children is more17
equitable. Young children of color are more likely to be referred to the18
juvenile justice system and detained in juvenile justice facilities than19
White young children.20
(g) Victims and survivors of criminal behavior must be able to21
access services, compensation, and information to gain a new sense of22
safety. In serving young children through more effective23
community-based solutions, victim services must remain available to24
meet these needs.25
(h) Victims and survivors have the right to be treated with dignity26
and respect and to be heard and kept informed, regardless of whether the27
1249
-4- act committed against them was committed by a young child. These rights1
must remain intact through more effective community-based solutions.2
(2) (a) Therefore, the general assembly declares its intent to3
empower community-based responses in the health, education, and child4
welfare systems to serve children who are under thirteen years of age,5
instead of the juvenile justice system.6
(b) The general assembly further supports victims being heard,7
informed, and supported through the community-based system.8
(c) The general assembly further declares the prosecution of9
children under the age of thirteen in municipal courts is a matter of10
statewide concern because there is need for statewide uniformity in the11
prosecution and treatment of young children, a municipal regulation that12
allowed such prosecution would have a negative impact on children and13
families living outside the municipality, and uniformity fulfills the state's14
statutory obligation to serve children according to the Colorado children's15
code.16
(d) The general assembly further finds that a person that induces,17
aids, or encourages a child to violate any federal or state law, municipal18
or county ordinance, or court order, should be subject to investigation19
and, as appropriate, prosecuted for a criminal act pursuant to section20
18-6-701 or any other applicable section under title 18.21
SECTION 2. In Colorado Revised Statutes, 17-1-103, repeal22
(1)(n) as follows:23
17-1-103. Duties of the executive director. (1) The duties of the24
executive director are:25
(n) To contract with the department of human services to house26
in a facility operated by the department of human services any juvenile27
1249
-5- under the age of fourteen years who is sentenced as an adult to the1
department of corrections and to provide services for the juvenile2
pursuant to section 19-2.5-802 (1)(e);3
SECTION 3. In Colorado Revised Statutes, 13-6-106, amend (1)4
introductory portion and (1)(a) as follows:5
13-6-106. Original criminal jurisdiction. (1) The county court6
shall have HAS concurrent original jurisdiction with the district court in7
the following criminal matters:8
(a) Criminal actions
AGAINST A PERSON THIRTEEN YEARS OF AGE9
OR OLDER for the violation of state laws which constitute misdemeanors10
or petty offenses, except those actions involving children over which the11
juvenile court of the city and county of Denver or the district courts of the12
state, other than in Denver, have exclusive jurisdiction;13
SECTION 4. In Colorado Revised Statutes, amend 13-10-103 as14
follows:15
13-10-103. Applicability. This article 10 applies to and governs16
the operation of municipal courts in the cities and towns of this state.17
Except for the provisions relating to the method of salary payment for18
municipal judges, the incarceration of children pursuant to sections19
19-2.5-305 and 19-2.5-1511,
THE PROHIBITION OF THE PROSECUTION OF20
A CHILD UNDER THIRTEEN YEARS OF AGE , the appearance of the parent,21
guardian, or lawful custodian of any
A child THIRTEEN YEARS OF AGE OR22
OLDER BUT under eighteen years of age who is charged with a municipal23
offense as required by section 13-10-111, the right to a trial by jury for24
petty offenses pursuant to section 16-10-109, relief from improperly25
entered guilty pleas pursuant to section 18-1-410.6, rules of procedure26
promulgated by the supreme court, and appellate procedure, this article27
1249
-6- 10 may be superseded by charter or ordinance enacted by a home rule1
city.2
SECTION 5. In Colorado Revised Statutes, amend 13-10-104 as3
follows:4
13-10-104. Municipal court created - jurisdiction. The5
municipal governing body of each city or town shall create a municipal6
court to hear and try all alleged violations of ordinance provisions of such7
city or town
AGAINST A PERSON WHO IS THIRTEEN YEARS OF AGE OR8
OLDER.9
SECTION 6. In Colorado Revised Statutes, 13-10-111, amend10
(5) as follows:11
13-10-111. Commencement of actions - process. (5) Upon the12
request of the municipal court, the prosecuting municipality, or the13
defendant, the clerk of the municipal court shall issue a subpoena for the14
appearance, at any and all stages of the court's proceedings, of the parent,15
guardian, or lawful custodian of any child
THIRTEEN YEARS OF AGE OR16
OLDER BUT under eighteen years of age who is charged with a municipal17
offense. Whenever a person who is issued a subpoena pursuant to this18
subsection (5) fails, without good cause, to appear, the court may issue an19
order for the person to show cause to the court as to why the person20
should not be held in contempt. Following a show cause hearing, the21
court may make findings of fact and conclusions of law and may enter an22
appropriate order, which may include finding the person in contempt.23
SECTION 7. In Colorado Revised Statutes, 13-10-113, amend24
(4) and (5) as follows:25
13-10-113. Fines and penalties. (4) Notwithstanding any26
provision of law to the contrary, a municipal court has the authority to27
1249
-7- order a child THIRTEEN YEARS OF AGE OR OLDER BUT under eighteen years1
of age confined in a juvenile detention facility operated or contracted by2
the department of human services or a temporary holding facility operated3
by or under contract with a municipal government for failure to comply4
with a lawful order of the court, including an order to pay a fine. Any5
confinement of a child for contempt of municipal court shall MUST not6
exceed forty-eight hours.7
(5) Notwithstanding any other provision of law, a juvenile, as8
defined in section 19-2.5-102 A CHILD THIRTEEN YEARS OF AGE OR OLDER9
BUT UNDER EIGHTEEN YEARS OF AGE WHO IS arrested for an alleged10
violation of a municipal ordinance, convicted of violating a municipal11
ordinance or probation conditions imposed by a municipal court, or found12
in contempt of court in connection with a violation or alleged violation of13
a municipal ordinance must SHALL not be confined in a jail, lockup, or14
other place used for the confinement of adult offenders but may be held15
in a juvenile detention facility operated by or under contract with the16
department of human services or a temporary holding facility operated by17
or under contract with a municipal government that shall receive and18
provide RECEIVES AND PROVIDES care for the juvenile CHILD THIRTEEN19
YEARS OF AGE OR OLDER BUT UNDER EIGHTEEN YEARS OF AGE . A20
municipal court imposing penalties for violation of probation conditions21
imposed by such court or for contempt of court in connection with a22
violation or alleged violation of a municipal ordinance may confine a23
juvenile CHILD THIRTEEN YEARS OF AGE OR OLDER BUT UNDER EIGHTEEN24
YEARS OF AGE pursuant to section 19-2.5-305 for up to forty-eight hours25
in a juvenile detention facility operated by or under contract with the26
department of human services. In imposing any jail sentence upon a27
1249
-8- juvenile for violating any municipal ordinance when the municipal court1
has jurisdiction over the juvenile pursuant to section 19-2.5-103 (1)(a)(II),2
A municipal court does not have the authority to order a juvenile CHILD3
under eighteen years of age to a juvenile detention facility operated or4
contracted by the department of human services.5
SECTION 8. In Colorado Revised Statutes, 13-14-105, add (3)6
as follows:7
13-14-105. Provisions relating to civil protection orders. (3) A8
MUNICIPAL COURT OF RECORD THAT IS AUTHORIZED BY ITS MUNICIPAL9
GOVERNING BODY TO ISSUE PROTECTION ORDERS AND ANY COUNTY COURT10
OR DISTRICT COURT THAT ISSUES PROTECTION ORDERS SHALL PROVIDE :11
(a) I
N-PERSON ASSISTANCE THAT IS AVAILABLE AT LEAST ONE TIME12
PER WEEK TO ASSIST PETITIONERS COMPLETING JUDICIAL FORMS TO13
OBTAIN A PROTECTION ORDER; OR14
(b) A
N ONLINE TUTORIAL TO ASSIST PETITIONERS COMPLETING15
JUDICIAL FORMS TO OBTAIN A PROTECTION ORDER THAT IS ACCESSIBLE TO16
THE PUBLIC AND CONTAINS LINKS TO THE FORMS AND INFORMATION17
ABOUT WHERE A PETITIONER CAN GO TO COMPLETE JUDICIAL FORMS AND18
REQUEST A PROTECTION ORDER .19
SECTION 9. In Colorado Revised Statutes, 13-14-107, amend20
(1); and add (4) as follows:21
13-14-107. Enforcement of protection order - duties of peace22
officer. (1) A person failing
THIRTEEN YEARS OF AGE OR OLDER WHO23
FAILS to comply with any order of the court issued pursuant to this article24
ARTICLE 14 is in contempt of court or may be prosecuted for violation of25
a civil protection order pursuant to section 18-6-803.5; C.R.S.26
(4) (a) I
F A CHILD TEN YEARS OF AGE OR OLDER BUT UNDER27
1249
-9- THIRTEEN YEARS OF AGE FAILS TO COMPLY WITH ANY ORDER OF THE1
COURT ISSUED PURSUANT TO THIS ARTICLE 14, THE COURT MAY ORDER THE2
LOCAL COLLABORATIVE MANAGEMENT PROGRAM CREATED PURSUANT TO3
SECTION 24-1.9-102 TO HOLD AN INDIVIDUALIZED SERVICE AND SUPPORT4
TEAM MEETING.5
(b) I
F THE VIOLATION OF THE COURT ORDER DESCRIBED IN6
SUBSECTION (4)(a) OF THIS SECTION OCCURRED AT A SCHOOL IN WHICH7
THE CHILD IS ENROLLED, A REPRESENTATIVE FROM THE SCHOOL SHALL8
ATTEND THE INDIVIDUALIZED SERVICE AND SUPPORT TEAM MEETING , AND9
THE TEAM SHALL INCLUDE IN THE SERVICE AND SUPPORT PLAN A PLAN TO10
PREVENT FUTURE VIOLATIONS OF THE ORDER .11
(c) I
F THE VIOLATION OF THE COURT ORDER DESCRIBED IN12
SUBSECTION (4)(a) OF THIS SECTION DID NOT OCCUR AT A SCHOOL IN13
WHICH THE CHILD IS ENROLLED , A REPRESENTATIVE OF THE LOCAL14
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL A TTEND THE15
MEETING, AND THE TEAM SHALL INCLUDE IN THE SERVICE AND SUPPORT16
PLAN A PLAN TO PREVENT FUTURE VIOLATIONS OF THE ORDER . THE17
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL MAKE A18
DETERMINATION FOLLOWING THE MEETING AS TO WHETHER THE COUNTY19
DEPARTMENT OF HUMAN OR SOCIAL SERVICES WILL PROVIDE PREVENTION20
AND INTERVENTION SERVICES, IN ACCORDANCE WITH RULES ADOPTED BY21
THE STATE BOARD OF HUMAN SERVICES , OR WHETHER THE COUNTY22
DEPARTMENT OF HUMAN OR SOCIAL SERVICES WILL CONDUCT AN23
ASSESSMENT OR INVESTIGATION PURSUANT TO SECTIONS 19-3-308,24
19-3-308.3,
AND 19-3-308.5 AND THE RULES ADOPTED BY THE STATE25
BOARD OF HUMAN SERVICES. THE DETERMINATION MUST BE INCLUDED AS26
A WRITTEN UPDATE TO THE CHILD 'S SERVICE AND SUPPORT PLAN . IN27
1249
-10- DETERMINING WHETHER TO CONDUCT AN ASSESSMENT , THE COUNTY1
DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL CONSIDER :2
(I) T
HE VULNERABILITY OF THE REFERRED CHILD WHO IS OVER TEN3
YEARS OF AGE BUT UNDER THIR TEEN YEARS OF AGE , AND ANY CHILD4
IDENTIFIED AS A VICTIM OF THE REFERRED CHILD'S CONDUCT;5
(II) A
NY INFORMATION IN THE CHILD WELFARE INFORMATION6
SYSTEM AND ANY AVAILABLE COUNTY DEPARTMENT FILES ;7
(III) A
NY ALLEGATION OF KNOWN OR SUSPECTED CHILD ABUSE OR8
NEGLECT AS DESCRIBED IN SECTION 19-3-102, INCLUDING ALLEGATIONS9
THAT THE CHILD:10
(A) L
ACKS PROPER PARENTAL CARE OR SUPERVISION PURSUANT TO11
SECTION 19-3-102; OR12
(B) I
S BEYOND THE CONTROL OF THE CHILD'S PARENT, GUARDIAN,13
OR LEGAL CUSTODIAN PURSUANT TO SECTION 19-3-102; AND14
(IV) W
HETHER AN ASSESSMENT IS APPROPRIATE FOR ANY15
PROGRAM AREAS IDENTIFIED IN THE RULES ADOPTED BY THE STATE BOARD16
OF HUMAN SERVICES, INCLUDING ANY EXISTING PROGRAM AREAS CREATED17
TO PROVIDE:18
(A) P
REVENTION AND INTERVENTION SERVICES TO CHILDREN ,19
YOUTH, AND FAMILIES AT RISK OF INVOLVEMENT WITH THE CHILD20
WELFARE SYSTEM;21
(B) S
ERVICES TO YOUTH IN CONFLICT WITH THEIR FAMILY22
MEMBERS OR THE COMMUNITY ;23
(C) S
ERVICES TO CHILDREN IN NEED OF PROTECTION , INCLUDING24
CHILDREN WHOSE PHYSICAL , MENTAL, OR EMOTIONAL WELL-BEING IS25
THREATENED OR HARMED DUE TO ABUSE OR NEGLECT AS DESCRIBED IN26
SECTION 19-3-102;27
1249
-11- (D) SERVICES FOR CHILDREN AND FAMILIES IN NEED OF1
SPECIALIZED SERVICES; AND2
(E) S
ERVICES RELATED TO RESOURCE DEVELOPMENT .3
(d) I
F A CHILD ALLEGEDLY VIOLATES A PROTECTION ORDER THREE4
OR MORE TIMES, TWO CERTIFIED CHILD WELFARE STAFF FROM THE SAME5
COUNTY OR IN CONJUNCTION WITH ANOTHER COUNTY SHALL MAKE THE6
DECISION TO REJECT A REFERRAL.7
SECTION 10. In Colorado Revised Statutes, 13-14-109, amend8
(1) and (2) as follows:9
13-14-109. Fees and costs. (1) The court may assess a filing fee10
against a petitioner seeking relief under
PURSUANT TO this article 14;11
except that the court may not assess a filing fee against a petitioner if
THE12
PETITIONER IS A MINOR CHILD OR A PARENT OR GUARDIAN SEEKING RELIEF13
ON BEHALF OF A MINOR CHILD, OR the court determines the petitioner is14
seeking the protection order as a victim of domestic abuse, domestic15
violence as defined in section 18-6-800.3, (1), C.R.S.,
stalking, or sexual16
assault or abuse. The court shall provide the necessary number of certified17
copies at no cost to petitioners.18
(2) A state or public agency may not assess fees for service of19
process against a petitioner seeking relief under PURSUANT TO this article20
ARTICLE 14 AS A MINOR CHILD OR PARENT OR GUARDIAN SEEKING RELIEF21
ON BEHALF OF A MINOR CHILD, OR as a victim of conduct consistent with22
the following: Domestic abuse, domestic violence as defined in section23
18-6-800.3, (1), C.R.S., stalking, or sexual assault or abuse.24
SECTION 11. In Colorado Revised Statutes, 16-11.7-103, add25
(4)(m) as follows:26
16-11.7-103. Sex offender management board - creation -27
1249
-12- duties - repeal. (4) Duties of the board. The board shall carry out the1
following duties:2
(m) Education and training regarding young children. T
HE3
BOARD MAY DEVELOP AND REVISE , AS APPROPRIATE, EDUCATIONAL4
MATERIALS AND TRAINING REGARDING BEST PRACTICES TO PROVIDE5
DEVELOPMENTALLY APPROPRIATE THERAPY TO CHILDREN TEN YEARS OF6
AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE WHEN THOSE7
CHILDREN HAVE ENGAGED IN PROBLEMATIC SEXUAL BEHAVIOR THAT8
WOULD CONSTITUTE A SEXUAL OFFENSE IF COMMITTED BY AN ADULT . THE9
BOARD SHALL PROVIDE THE MATERIALS AND TRAINING TO THE10
DEPARTMENT OF EDUCATION, AND THE DEPARTMENT OF EDUCATION SHALL11
MAKE THE MATERIALS AND TRAINING AVAILABLE TO SCHOOLS IN THE12
STATE.13
SECTION 12. In Colorado Revised Statutes, 19-2.5-103, amend14
(1)(a) introductory portion and (5); and add (1)(c) as follows:15
19-2.5-103. Jurisdiction. (1) Except as otherwise provided by16
law, the juvenile court has exclusive original jurisdiction in proceedings:17
(a) Concerning any
A juvenile ten THIRTEEN years of age or older18
who has violated IS ACCUSED OF VIOLATING:19
(c) C
ONCERNING A JUVENILE TEN YEARS OF AGE OR OLDER WHO IS20
ACCUSED OF VIOLATING AN OFFENSE PURSUANT TO PART 1 OF ARTICLE 321
OF TITLE 18.22
(5) Notwithstanding any other provision of this section to the23
contrary, the juvenile court and the county court have concurrent24
jurisdiction over a juvenile who is
THIRTEEN YEARS OF AGE OR OLDER BUT25
under eighteen years of age and who is charged with a violation of section26
18-13-122, 18-18-406 (5)(b)(I) and (5)(b)(II), 18-18-428, 18-18-429,27
1249
-13- 18-18-430, or 42-4-1301; except that, if the juvenile court accepts1
jurisdiction over such a juvenile, the county court jurisdiction terminates.2
SECTION 13. In Colorado Revised Statutes, 19-2.5-208, amend3
(1)(a) introductory portion as follows:4
19-2.5-208. Petty tickets - summons - contracts - data.5
(1) (a) If a law enforcement officer contacts a juvenile ten THIRTEEN6
years of age or older for a delinquent act that would be a petty offense if7
committed by an adult or a municipal ordinance violation, the officer may8
issue the juvenile a petty ticket that requires the juvenile to go through an9
assessment process or procedure as designated by the municipal, county,10
or district court, including assessment by a law enforcement officer,11
assessment officer, or a screening team, referred to in this section as the12
"screening entity". When a petty ticket is issued, an assessment officer or13
screening team officer shall offer a petty offense contract to the juvenile14
and the juvenile's parent or legal guardian if:15
SECTION 14. In Colorado Revised Statutes, 19-2.5-302, amend16
(1) as follows:17
19-2.5-302. Local juvenile services planning committee -18
creation - duties - identification and notification of dually identified19
crossover youth. (1) If all of the boards of commissioners of each20
county or the city council of each city and county in a judicial district21
agree, there may be created in the judicial district a local juvenile services22
planning committee that is appointed by the chief judge of the judicial23
district or, for the second judicial district, the presiding judge of the24
Denver juvenile court, from persons recommended by the boards of25
commissioners of each county or the city council of each city and county26
within the judicial district. The committee, if practicable, must include,27
1249
-14- but need not be limited to, a representative from a county department of1
human or social services, a local school district, a local law enforcement2
agency, a local probation department, the division of youth services,3
private citizens, the district attorney's office, the public defender's office,4
a community mental health representative, and a representative of the5
concerns of municipalities. The committee, if created, shall meet as6
necessary to develop a plan for the allocation of resources for local7
juvenile services within the judicial district for the fiscal year. The8
committee is strongly encouraged to consider programs with restorative9
justice components when developing the plan. T
HE COMMITTEE IS10
STRONGLY ENCOURAGED TO INCLUDE IN THE PLAN SERVICES FOR11
CHILDREN WHO ARE TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN12
YEARS OF AGE AND WHO COME INTO CONTACT WITH LAW ENFORCEMENT13
IF A LAW ENFORCEMENT OFFICER DETERMINES THERE IS PROBABLE CAUSE14
TO BELIEVE THAT THE CHILD COMMITTED AN ACT THAT WOULD BE A15
MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT . The state16
department of human services shall approve the plan. A local juvenile17
services planning committee may be consolidated with other local18
advisory boards pursuant to section 24-1.7-103.19
SECTION 15. In Colorado Revised Statutes, 19-2.5-303, amend20
(1); and add (6) as follows:21
19-2.5-303. Duty of officer - screening teams - notification -22
release or detention. (1) When a juvenile
OVER WHOM THE JUVENILE23
COURT HAS JURISDICTION PURSUANT TO SECTION 19-2.5-103 is taken into24
temporary custody and not released pending charges, the officer shall25
notify the screening team for the judicial district in which the juvenile is26
taken into custody. The screening team shall notify the juvenile's parent,27
1249
-15- guardian, or legal custodian without unnecessary delay and inform the1
juvenile's parent, guardian, or legal custodian that, if the juvenile is2
placed in detention or a temporary holding facility, all parties have a right3
to a prompt hearing to determine whether the juvenile is to be detained4
further. Such notification may be made to a person with whom the5
juvenile is residing if a parent, guardian, or legal custodian cannot be6
located. If the screening team is unable to make such notification, the7
notification may be made by any law enforcement officer, juvenile8
probation officer, detention center counselor, or detention facility staff in9
whose physical custody the juvenile is placed.10
(6) (a) N
OTHING IN THIS SECTION PROHIBITS A LAW ENFORCEMENT11
OFFICER FROM REQUESTING AN EMERGENCY PROTECTION ORDER FOR A12
CHILD UNDER THIRTEEN YEARS OF AGE PURSUANT TO SECTION 19-3-40513
OR 13-14-103, FROM TAKING A CHILD WHO IS UNDER THIRTEEN YEARS OF14
AGE INTO TEMPORARY CUSTODY PURSUANT TO SECTION 19-3-401, OR15
FROM PLACING A CHILD WHO IS UNDER THIRTEEN YEARS OF AGE OUT OF16
THE HOME PURSUANT TO SECTION 19-3-402.17
(b) W
HEN A LAW ENFORCEMENT OFFICER HAS CONTACT WITH A18
CHILD WHO IS TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS19
OF AGE AND DETERMINES THERE IS PROBABLE CAUSE TO BELIEVE THE20
CHILD COMMITTED AN ACT THAT WOULD BE A MISDEMEANOR OR FELONY21
ACT IF THE CHILD WAS THIRTEEN YEARS OF AGE OR OLDER , THE LAW22
ENFORCEMENT OFFICER SHALL :23
(I) C
OMPLETE THE INFORMATION FORM FOR CHILDREN UNDER THE24
AGE OF THIRTEEN CREATED PURSUANT TO SECTION 24-1.9-102.7;25
(II) R
EQUEST THAT A PARENT, GUARDIAN, LEGAL CUSTODIAN, OR26
ADULT WHO RESIDES WITH THE CHILD SIGN THE ATTESTATION ON THE27
1249
-16- INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE , OR IF1
LAW ENFORCEMENT IS UNABLE TO OBTAIN A SIGNATURE , LAW2
ENFORCEMENT MUST DOCUMENT THE REASON ON THE INFORMATION FORM3
FOR CHILDREN UNDER THIRTEEN YEARS OF AGE ;4
(III) P
ROVIDE A COPY OF THE INFORMATION FORM FOR CHILDREN5
UNDER THIRTEEN YEARS OF AGE TO THE CHILD ; THE PARENT, GUARDIAN,6
LEGAL CUSTODIAN, OR ADULT WHO RESIDES WITH THE CHILD ; AND THE7
LOCAL COLLABORATIVE MANAGEMENT PROGRAM CREATED PURSUANT TO8
SECTION 24-1.9-102; AND9
(IV) I
F THE INCIDENT INVOLVES A VICTIM, PROVIDE A COPY OF THE10
INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE TO11
THE VICTIM, IF A VICTIM IS PRESENT, OR THE VICTIM'S DESIGNEE, OR AT12
ANY TIME UPON REQUEST OF THE VICTIM OR THE VICTIM 'S
DESIGNEE, AND13
INFORM EACH VICTIM AS TO THE AVAILABILITY OF APPLICABLE SERVICES,14
INCLUDING ASSISTANCE WITH FILING A CIVIL PROTECTION ORDER AS15
DESCRIBED IN SECTION 13-14-105, AND INFORMATION AS DESCRIBED IN16
SECTION 24-4.1-303 (9) AND (10).17
(c) C
OPIES OF THE INFORMATION FORM PURSUANT TO SUBSECTION18
(6)(b)
OF THIS SECTION MUST BE PROVIDED AT NO COST .19
SECTION 16. In Colorado Revised Statutes, 19-2.5-304, repeal20
(2) as follows:21
19-2.5-304. Limitations on detention. (2) A juvenile court shall
22
not order a juvenile who is ten years of age and older but less than23
thirteen years of age to detention unless the juvenile has been arrested for24
a felony or weapons charge pursuant to section 18-12-102, 18-12-105,25
18-12-106, or 18-12-108.5. A preadjudication service program created26
pursuant to section 19-2.5-606 shall evaluate a juvenile described in this27
1249
-17- subsection (2). The evaluation may result in the juvenile:1
(a) Remaining in the custody of a parent or legal guardian;2
(b) Being placed in the temporary legal custody of kin, for3
purposes of a kinship foster care home or noncertified kinship care4
placement, as defined in section 19-1-103, or other suitable person under5
such conditions as the court may impose;6
(c) Being placed in a temporary shelter facility; or7
(d) Being referred to a local county department of human or social8
services for assessment for placement.9
SECTION 17. In Colorado Revised Statutes, 19-2.5-305, amend10
(3)(a)(V) introductory portion and (6) as follows:11
19-2.5-305. Detention and shelter - hearing - time limits -12
findings - review - confinement with adult offenders - restrictions.13
(3) (a) (V) A court shall not order further detention for a juvenile who is14
ten years of age and older but less than thirteen years of age unless the15
juvenile has been arrested or adjudicated for a felony or weapons charge16
pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5.17
The court shall receive any information having probative value regardless18
of its admissibility under the rules of evidence. In determining whether19
a juvenile requires detention, the court shall consider the results of the20
detention screening instrument. There is a rebuttable presumption that a21
juvenile poses a substantial risk of serious harm to others if:22
(6) Except for a juvenile described in section 19-2.5-304 (2), The23
court may also issue A temporary orders ORDER for legal custody pursuant24
to section 19-1-115.25
SECTION 18. In Colorado Revised Statutes, 19-2.5-802, amend26
(1)(a)(I); and repeal (1)(e) as follows:27
1249
-18- 19-2.5-802. Transfers. (1) (a) The juvenile court may enter an1
order certifying a juvenile to be held for criminal proceedings in the2
district court if:3
(I) A petition filed in juvenile court alleges the juvenile is:4
(A) Twelve or thirteen years of age at the time of the commission5
of the alleged offense and is a juvenile delinquent by virtue of having6
committed a delinquent act that constitutes a class 1 or class 2 felony or7
a crime of violence, as defined in section 18-1.3-406; or8
(B) Fourteen years of age or older at the time of the commission9
of the alleged offense and is a juvenile delinquent by virtue of having10
committed a delinquent act that constitutes a
CLASS 1 OR CLASS 2 felony11
OR A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406; and12
(e) Whenever a juvenile under the age of fourteen years is
13
sentenced pursuant to section 18-1.3-401 as provided in subsection (1)(d)14
of this section, the department of corrections shall contract with the15
department of human services to house and provide services to the16
juvenile in a facility operated by the department of human services until17
the juvenile reaches the age of fourteen years. On reaching the age of18
fourteen years, the juvenile must be transferred to an appropriate facility19
operated by the department of corrections for the completion of the20
juvenile's sentence.21
SECTION 19. In Colorado Revised Statutes, 19-2.5-1126,22
amend (1)(c)(I)(A) as follows:23
19-2.5-1126. Sentencing - special offenders. (1) The court shall24
sentence a juvenile adjudicated as a special offender as follows:25
(c) Violent juvenile offender. (I) (A) Upon adjudication as a26
violent juvenile offender, as described in section 19-2.5-1125 (3), the27
1249
-19- juvenile must be placed or committed out of the home for not less than1
one year; except that this subsection (1)(c) does not apply to a juvenile2
who is ten years of age or older, but less than twelve UNDER FIFTEEN years3
of age, when the court finds that an alternative sentence or a commitment4
of less than one year out of the home would be more appropriate.5
SECTION 20. In Colorado Revised Statutes, 19-2.5-1511,6
amend (1)(a); and repeal (1)(c) as follows:7
19-2.5-1511. Juvenile detention services and facilities to be8
provided by department of human services - education - expenses -9
definition. (1) (a) Except as set forth in subsection (1)(c) of this section,10
the THE department of human services shall provide detention services11
for temporary care of a juvenile, pursuant to this article 2.5. The12
department of human services shall consult on a regular basis with the13
court in any district where a detention facility is located concerning the14
detention program at that facility. The department of human services may15
use staff secure facilities to provide preadjudication and postadjudication16
detention services.17
(c) The department of human services is not required to receive18
and provide care for any juvenile who is ten years of age and older but19
less than thirteen years of age, unless such juvenile has been arrested or20
adjudicated for a felony or weapons charge pursuant to section21
18-12-102, 18-12-105, 18-12-106, or 18-12-108.5.22
SECTION 21. In Colorado Revised Statutes, 19-3-308, amend23
(5.3)(a) as follows:24
19-3-308. Action upon report of intrafamilial, institutional, or25
third-party abuse - investigations - child protection team - report -26
rules. (5.3) (a) Local law enforcement agencies have the responsibility27
1249
-20- for the coordination and investigation of all reports of third-party abuse1
or neglect by persons ten THIRTEEN years of age or AND older. Upon2
receipt of a report, if the local law enforcement agency reasonably3
believes that the protection and safety of a child is at risk due to an act or4
omission on the part of persons responsible for the child's care, such5
agency shall notify the county department of human or social services for6
an assessment regarding neglect or dependency. In addition, the local law7
enforcement agency shall refer to the county department of human or8
social services any report of third-party abuse or neglect in which the9
person allegedly responsible for such abuse or neglect is under age ten10
THIRTEEN YEARS OF AGE. Upon the completion of an investigation, the11
local law enforcement agency shall forward a copy of its investigative12
report to the county department. of human or social services. The county13
department shall review the law enforcement investigative report and14
shall determine whether the report contains information that constitutes15
a case of confirmed child abuse and requires it to be submitted to the state16
department, which report, upon such determination, shall be submitted to17
the state department in the manner prescribed by the state department18
within sixty days after the receipt of the report by the county department.19
SECTION 22. In Colorado Revised Statutes, 22-33-108, amend20
(7)(c)(I) introductory portion as follows:21
22-33-108. Judicial proceedings. (7) (c) (I) If the court finds that22
the child or youth
WHO IS THIRTEEN YEARS OF AGE OR OLDER BUT UNDER23
SEVENTEEN YEARS OF AGE has refused to comply with the plan created for24
the child or youth pursuant to section 22-33-107 (3), the court may25
impose on the child or youth, as a sanction for contempt of court, a26
sentence of detention for no more than forty-eight hours in a juvenile27
1249
-21- detention facility operated by or under contract with the department of1
human services pursuant to section 19-2.5-1511 and any rules2
promulgated by the Colorado supreme court. The court shall not sentence3
a child or youth
WHO IS THIRTEEN YEARS OF AGE OR OLDER BUT UNDER4
SEVENTEEN YEARS OF AGE to detention as a sanction for contempt of court5
unless the court finds that detention is in the best interest of the child or6
youth as well as the public. In making such a finding, the court shall7
consider the following factors, including that:8
SECTION 23. In Colorado Revised Statutes, 24-1.9-102, amend9
(1)(a) introductory portion, (2)(a), (2)(c),
(2)(d), and (2)(f); repeal (2)(i);10
and add (1.3) and (2)(k) as follows:11
24-1.9-102. Memorandum of understanding - local-level12
interagency oversight groups - individualized service and support13
teams - coordination of services for children and families -14
requirements - waiver. (1) (a) Local representatives of each of the15
agencies specified in this subsection (1)(a) and county departments of16
human or social services may SHALL enter into memorandums of17
understanding that are designed to promote a collaborative system of18
local-level interagency oversight groups and individualized service and19
support teams to coordinate and manage the provision of services to20
children and families who would benefit from integrated multi-agency21
services. The memorandums of understanding entered into pursuant to22
this subsection (1) must be between interested county departments of23
human or social services and local representatives of each of the24
following agencies or entities:25
(1.3) T
O MEET THE REQUIREMENT IN SUBSECTION (1)(a) OF THIS26
SECTION, A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY27
1249
-22- COLLABORATE WITH ONE OR MORE NEARBY COUNTY DEPARTMENTS OF1
HUMAN OR SOCIAL SERVICES WHEN ENTERING INTO MEMORANDUMS OF2
UNDERSTANDING TO PROVIDE A LOCAL COLLABORATIVE MANAGEMENT3
PROGRAM. EACH COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES4
MUST PARTICIPATE IN A LOCAL COLLABORATIVE MANAGEMENT PROGRAM .5
(2) (a) Each memorandum of understanding entered into shall6
MUST include, but is not limited to, the requirements specified in7
paragraphs (b) to (j) of this subsection (2). On or before October 1, 2004,8
utilizing moneys in the performance incentive cash fund created in9
section 26-5-105.5 (3.2)(a), C.R.S., the state department of human10
services, in conjunction with the judicial department, shall develop and11
make available to the parties specified in paragraph (a) of subsection (1)12
of this section, a model memorandum of understanding based on the13
requirements specified in paragraphs (b) to (j) of this subsection (2)14
SUBSECTIONS (2)(b) TO (2)(k) OF THIS SECTION. ON OR BEFORE DECEMBER15
1,
2023, THE STATE DEPARTMENT OF HUMAN SERVICES , IN CONJUNCTION16
WITH THE JUDICIAL DEPARTMENT, SHALL DEVELOP AND MAKE AVAILABLE17
TO THE PARTIES SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION A MODEL18
MEMORANDUM OF UNDERSTANDING BASED ON THE REQUIREMENTS19
SPECIFIED IN SUBSECTIONS (2)(b) TO (2)(k) OF THIS SECTION.20
(c) Definition of the population to be served. The memorandum21
of understanding must include a functional definition of "children and22
families who would benefit from integrated multi-agency services". The23
LOCAL collaborative management program target population consists of24
at-risk children and youth from birth to twenty-one years of age, or25
families of children or youth, who would benefit from a multi-system26
integrated service plan that may include prevention, intervention, and27
1249
-23- treatment services. THE DEFINITION OF THE "POPULATION TO BE SERVED"1
MUST INCLUDE CHILDREN TEN YEARS OF AGE OR OLDER BUT UNDER2
THIRTEEN YEARS OF AGE AND CHILDREN UNDER THE AGE OF EIGHTEEN3
WHO ARE VICTIMS OF THE ALLEGED CONDUCT OF A CHILD TEN YEARS OF4
AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO ARE REFERRED5
TO THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM THR OUGH THE6
SUBMISSION OF AN INFORMATION FORM FOR CHILDREN UNDER THIRTEEN7
YEARS OF AGE PURSUANT TO SECTIONS 24-1.9-102.3 AND 19-2.5-303.8
(d) Creation of an oversight group. The memorandum of9
understanding shall MUST create a local-level interagency oversight group10
and identify the oversight group's membership requirements, procedures11
for selection of officers, procedures for resolving disputes by a majority12
vote of those members authorized to vote, and procedures for establishing13
any necessary subcommittees of the interagency oversight group. Each14
interagency oversight group shall MUST include a local representative of15
each party to the memorandum of understanding specified in paragraphs16
(a) and (a.5) of subsection (1) SUBSECTIONS (1)(a) AND (1)(a.5) of this17
section, each of whom shall be IS a voting member of the interagency18
oversight group. In addition, the interagency oversight group may include,19
but is not limited to, the following advisory nonvoting members:20
(I) Representatives of interested local private sector entities; and21
(II) Family members or caregivers of children who would benefit22
from integrated multi-agency services or current or previous consumers23
of integrated multi-agency services; AND24
(III) REPRESENTATIVES OR PRACTITIONERS FROM LOCAL,25
REGIONAL, OR STATEWIDE RESTORATIVE JUSTICE PROGRAMS .26
(f) Authorization to create individualized service and support27
1249
-24- teams. The memorandum of understanding shall MUST include1
authorization for the interagency oversight group to establish2
individualized service and support teams to develop a service and support3
plan and to provide services to children and families. who would benefit4
from integrated multi-agency services.5
(i) Performance-based measures. The department of human6
services and the persons specified in section 24-1.9-103 (2)(b) shall7
develop performance measures for the system of collaborative8
management, which measures may be modified biennially to ensure that9
the measures remain valid. The memorandum of understanding must10
identify performance measures developed pursuant to this paragraph (i).11
If the parties to the memorandum of understanding meet the identified12
performance measures, the memorandum of understanding must require13
the interagency oversight group to create a procedure, subject to the14
approval of the head or director of each agency or department specified15
in paragraphs (a) and (a.5) of subsection (1) of this section, to allow any16
incentive moneys received by the department of human services and17
allocated pursuant to section 24-1.9-104 to be reinvested by the parties to18
the memorandum of understanding to provide appropriate services to19
children and families who would benefit from integrated multi-agency20
services, as such population is defined by the memorandum of21
understanding pursuant to paragraph (c) of this subsection (2). The parties22
to a memorandum of understanding shall report annually to the23
department of human services on the performance measures identified in24
the parties' memorandum of understanding pursuant to this paragraph (i).25
(k) Establishment of procedure to serve children ten years of26
age or older but under thirteen years of age. (I) T
HE MEMORANDUM27
1249
-25- OF UNDERSTANDING MUST REQUIRE THE INTERAGENCY OVERSIGHT GROUP1
TO ESTABLISH A WRITTEN PROCEDURE FOR THE LOCAL COLLABORATIVE2
MANAGEMENT PROGRAM TO SERVE CHILDREN TEN YEARS OF AGE OR3
OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE CONTACT WITH4
LAW ENFORCEMENT. THE WRITTEN PROCEDURE MUST INCLUDE :5
(A) A
PROCESS FOR DEVELOPING THE WRITTEN PROCEDURE THAT6
ENSURES THAT SERVICE AND SUPPORT PLANS FOCUS ON THE NEEDS OF THE7
CHILD AND FAMILY UNIT AND CONSIDER THE RECOMMENDATIONS OF THE8
PRE-ADOLESCENT SERVICES TASK FORCE CREATED IN SECTION 19-3-304.4;9 (B) LANGUAGE ESTABLISHING WHICH POSITION, OR POSITIONS,10
WILL HAVE DECISION MAKING AUTHORITY OVER INITIAL PLANS .11
(C) A PROCESS FOR HOLDING INDIVIDUALIZED SERVICE AND12
SUPPORT TEAM MEETINGS AND DEVELOPING A SERVICE AND SUPPORT13
PLAN, WHEN APPROPRIATE, FOR A CHILD TEN YEARS OF AGE OR OLDER BUT14
UNDER THIRTEEN YEARS OF AGE WHO IS REFERRED TO THE LOCAL15
COLLABORATIVE MANAGEMENT PROGRAM FOR SERVICES ;16
(D) A PROCESS TO SERVE CHILDREN WHO ARE VICTIMS IDENTIFIED17
ON THE INFORMATION FORM CREATED IN SECTION 24-1.9-102.7 AND WHO18
ARE REFERRED TO THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM19
FOR SERVICES; AND20
(E) ANY OTHER MEASURE THE INTERAGENCY OVERSIGHT GROUP21
FINDS NECESSARY TO SERVE CHILDREN TEN YEARS OF AGE OR OLDER BUT22
UNDER THIRTEEN YEARS OF AGE INCLUDING , BUT NOT LIMITED TO,23
MECHANISMS TO REFER THE CHILD TO BEHAVIORAL HEALTH SCREENINGS24
AND CARE PURSUANT TO ARTICLE 67 OF TITLE 27; THE CHILD WELFARE25
PROCESS PURSUANT TO ARTICLE 3 OF TITLE 19; OTHER COMMUNITY26
SERVICES OR PROGRAMS, INCLUDING RESTORATIVE JUSTICE PROGRAMS ,27
1249
-26- WHETHER BASED IN THE LOCAL COMMUNITY OR ACCESSED THROUGH1
COLLABORATIVE REGIONAL OR STATEWIDE REFERRAL MECHANISMS ;2
SERVICES FUNDED PURSUANT TO SECTION 19-2.5-1404;OR ASSESSMENTS3
FACILITATED BY ASSESSMENT CENTERS PURSUANT TO SECTION 19-1-303.4
(II) I
N DEVELOPING THE WRITTEN PROCEDURE , THE INTERAGENCY5
OVERSIGHT GROUP MUST ENSURE THAT SERVICE AND SUPPORT PLANS6
FOCUS ON THE NEEDS OF THE CHILD AND FAMILY UNIT, AND CONSIDER THE7
REPORT FROM THE PRE-ADOLESCENT SERVICES TASK FORCE CREATED IN8
SECTION 19-3-304.4.9
SECTION 24. In Colorado Revised Statutes, add 24-1.9-102.310
as follows:11
24-1.9-102.3. Duties of individualized service and support12
teams. (1) A
LOCAL COLLABORATIVE MANAGEMENT PROGRAM MUST13
CREATE ONE OR MORE INDIVIDUALIZED SERVICE AND SUPPORT TEAMS . THE14
INDIVIDUALIZED SERVICE AND SUPPORT TEAM MAY REFER A CHILD TO15
SERVICES AND MAY ESTABLISH A SERVICE AND SUPPORT PLAN FOR A CHILD16
AFTER MEETING WITH THE CHILD, THE CHILD'S FAMILY, AND ANY OTHER17
RELEVANT PARTY OR COMMUNITY PARTNERS .18
(2) (a) A
N INDIVIDUALIZED SERVICE AND SUPPORT TEAM SHALL19
REVIEW ALL REFERRALS TO THE LOCAL COLLABORATIVE MANAGEMENT20
PROGRAM FOR CHILDREN TEN YEARS OF AGE OR OLDER BUT UNDER21
THIRTEEN YEARS OF AGE WHO ARE REFERRED THROUGH THE SUBMISSION22
OF AN INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE23
CREATED IN SECTION 24-1.9-102.7.24
(b) T
HE INFORMATION FORM FOR CHILDREN UNDER THIRTEEN25
YEARS OF AGE CREATED IN SECTION 24-1.9-102.7, OR ANY OTHER FORM26
CREATED BY THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM , MAY27
1249
-27- BE USED BY MULTIPLE AGENCIES TO REFER CHILDREN TEN YEARS OF AGE1
OR OLDER BUT UNDER THIRTEEN YEARS OF AGE TO A LOCAL2
COLLABORATIVE MANAGEMENT PROGRAM . SUCH AGENCIES INCLUDE, BUT3
ARE NOT LIMITED TO:4
(I) L
AW ENFORCEMENT, WHICH SHALL REFER CHILDREN TEN YEARS5
OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE TO THE LOCAL6
COLLABORATIVE MANAGEMENT PROGRAM PURSUANT TO SECTION7
19-2.5-303;8
(II) A
SCHOOL;9
(III) A
FAMILY RESOURCE CENTER;10
(IV) A
CHILD ADVOCACY CENTER;11
(V) A
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES ; AND12
(VI) A
MANDATORY REPORTER .13
(c) A
GENCIES MAY USE THE INFORMATION FORM FOR CHILDREN14
UNDER THIRTEEN YEARS OF AGE , CREATED PURSUANT TO SECTION15
24-1.9-102.7,
TO REFER A
CHILD UNDER THE AGE OF EIGHTEEN WHO IS A16
VICTIM OF THE ALLEGED CONDUCT BY A CHILD TEN YEARS OF AGE OR17
OLDER BUT UNDER THIRTEEN YEARS OF AGE TO A LOCAL COLLABORATIVE18
MANAGEMENT PROGRAM . IF AN ADULT VICTIM OF THE ALLEGED CONDUCT19
BY A CHILD TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF20
AGE SEEKS SERVICES FROM THE LOCAL COLLABORATIVE MANAGEMENT21
PROGRAM, THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM SHALL22
REFER THE ADULT TO THE APPROPRIATE VICTIMS' SERVICES COORDINATOR23
PURSUANT TO SECTION 24-31-106.24
(3) A
N INDIVIDUALIZED SERVICE AND SUPPORT TEAM SHALL25
CREATE AN INITIAL PLAN THAT IS CHILD-CENTERED FOR EVERY CHILD WHO26
IS TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE AND27
1249
-28- IS REFERRED TO THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM1
THROUGH THE SUBMISSION OF AN INFORMATION FORM FOR CHILDREN2
UNDER THIRTEEN YEARS OF AGE CREATED PURSUANT TO SECTION3
24-1.9-102.7.
THE INITIAL PLAN MAY INDICATE THAT NO SERVICES ARE4
NEEDED, THAT ONE OR MORE SPECIFIC SERVICES ARE NEEDED AND CAN BE5
PROVIDED WITHOUT A MEETING , OR THAT AN INDIVIDUALIZED SERVICE6
AND SUPPORT TEAM MEETING MUST OCCUR TO DEVELOP A SERVICE AND7
SUPPORT PLAN FOR THE CHILD. IF THE INFORMATION FORM FOR CHILDREN8
UNDER THIRTEEN YEARS OF AGE INDI CATES THAT A CHILD ENGAGED IN9
EITHER BEHAVIOR THAT CONSTITUTES A CRIME OF VIOLENCE , AS DEFINED10
IN SECTION 18-1.3-406, OR UNLAWFUL SEXUAL BEHAVIOR , AS DEFINED IN11
SECTION 16-22-102, THAT WOULD BE CONSIDERED A FELONY OFFENSE IF12
COMMITTED BY AN ADULT , THE INDIVIDUALIZED SERVICE AND SUPPORT13
TEAM SHALL HOLD A MEETING AND DEVELOP A SERVICE AND SUPPORT14
PLAN, REGARDLESS OF ANY OTHER FACTORS INCLUDED ON THE15
INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE .16
(4) I
F A CHILD WHO IS TEN YEARS OF AGE OR OLDER BUT UNDER17
THIRTEEN YEARS OF AGE IS REFERRED TO A LOCAL COLLABORATIVE18
MANAGEMENT PROGRAM THREE OR MORE TIMES DURING A PERIOD OF19
TWELVE MONTHS, THE INDIVIDUALIZED SERVICE AND SUPPORT TEAM20
SHALL HOLD A MEETING AND DEVELOP A SERVICE AND SUPPORT PLAN ,21
REGARDLESS OF ANY OTHER FACTORS INCLUDED ON THE INFORMATION22
FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE DETAILED IN23
SECTION 24-1.9-102.7.24
(5) T
HE INDIVIDUALIZED SERVICE AND SUPPORT TEAM MAY REFER25
A CHILD WHO IS OVER TEN YEARS OF AGE BUT UNDER THIRTEEN YEARS OF26
AGE TO A TREATMENT PROVIDER APPROVED BY THE SEX OFFENDER27
1249
-29- MANAGEMENT BOARD PURSUANT TO SECTION 16-11.7-106 (2)(b) FOR1
DEVELOPMENTALLY APPROPRIATE THERAPY .2
(6) IF A LAW ENFORCEMENT OFFICER INFORMS THE INDIVIDUALIZED3
SERVICE AND SUPPORT TEAM THAT THERE IS PROBABLE CAUSE TO BELIEVE4
THAT A CHILD WHO IS TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN5
YEARS OF AGE COMMITTED AN ACT THAT WOULD BE FELONY SEXUAL6
ASSAULT PURSUANT TO SECTION 18-3-402 OR FELONY UNLAWFUL SEXUAL7
CONTACT PURSUANT TO SECTION 18-3-404 (2)(b) IF COMMITTED BY AN8
ADULT, AND THE CHILD USED FORCE, INTIMIDATION, OR THREAT AS9
SPECIFIED IN SECTION 18-3-402 (4)(a), (4)(b), OR (4)(c), THE10
INDIVIDUALIZED SERVICE AND SUPPORT TEAM SHALL REFER THAT CHILD11
FOR AN EVALUATION CONDUCTED BY A TREATMENT PROVIDER WHO12
SPECIALIZES IN CHILDREN WHO DISPLAY PROBLEMATIC SEXUAL BEHAVIOR .13
(7) BEFORE CREATING AN INITIAL PLAN , THE INDIVIDUALIZED14
SERVICE AND SUPPORT TEAM SHALL :15
(a) C
ONTACT ANY VICTIM, OR THE VICTIM'S DESIGNEE, IDENTIFIED16
ON THE INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF17
AGE CREATED PURSUANT TO THIS SECTION ;18
(b) N
OTIFY THE VICTIM, OR THE VICTIM'S DESIGNEE, THAT THE19
TEAM IS CREATING AN INITIAL PLAN; AND20
(c) P
ROVIDE AN OPPORTUNITY FOR THE VICTIM , OR THE VICTIM'S21
DESIGNEE, TO PROVIDE INPUT TO THE TEAM IN A TRAUMA -INFORMED22
MANNER.23
(8) AFTER CREATING AN INITIAL PLAN , THE INDIVIDUALIZED24
SERVICE AND SUPPORT TEAM SHALL CONTACT ANY VICTIM , OR THE25
VICTIM'S DESIGNEE, IDENTIFIED ON THE INFORMATION FORM FOR CHILDREN26
UNDER THIRTEEN YEARS OF AGE CREATED PURSUANT TO THIS SECTION ,27
1249
-30- INFORM THE VICTIM, OR THE VICTIM'S DESIGNEE, THAT A PLAN HAS BEEN1
CREATED, AND SHARE WHETHER OR NOT THE CHILD OR FAMILY HAS BEEN2
REFERRED FOR SERVICES. THE INITIAL PLAN, THE SERVICE AND SUPPORT3
PLAN, AND DETAILS ABOUT THE TYPES OF SERVICES THE CHILD OR FAMILY4
WILL RECEIVE ARE CONFIDENTIAL AND MUST NOT BE SHARED WITH THE5
VICTIM OR THE VICTIM'S DESIGNEE.6
(9) (a) IF THE INDIVIDUALIZED SERVICE AND SUPPORT TEAM7
DETERMINES THAT A CHILD OR FAMILY MEMBER IS NOT SUBSTANTIALLY8
PARTICIPATING IN THE SERVICES RECOMMENDED IN THE SERVICE AND9
SUPPORT PLAN, THE SERVICE AND SUPPORT TEAM SHALL CONSIDER10
WHETHER PARTICIPATION IS WITHIN THE CHILD 'S OR FAMILY MEMBER'S11
CAPACITY AND PROVIDE ANY ADDITIONAL RESOURCES NECESSARY TO12
ADDRESS BARRIERS TO PARTICIPATION .13
(b) I
F, AFTER THE SERVICE AND SUPPORT TEAM DETERMINES14
PARTICIPATION IS WITHIN THE CHILD'S OR FAMILY MEMBER'S CAPACITY15
AND RESOURCES PURSUANT TO SUBSECTION
(9)(a) OF THIS SECTION AND16
THE CHILD OR FAMILY MEMBER CONTINUES TO FAIL TO SUBSTANTIALLY17
PARTICIPATE IN THE RECOMMENDED SERVICES , THE INDIVIDUALIZED18
SERVICE AND SUPPORT TEAM SHALL HOLD A MEETING . THE COUNTY19
DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL PARTICIPATE IN THE20
MEETING. THE CHILD AND THE CHILD'S FAMILY MUST BE GIVEN SUFFICIENT21
NOTICE OF THE MEETING IN ORDER TO ATTEND THE MEETING . THE22
MEETING MUST OCCUR EVEN IF THE CHILD OR THE CHILD 'S FAMILY DOES23
NOT ATTEND.24
(c) D
URING THE MEETING HELD PURSUANT TO SUBSECTION
(9)(b)25
OF THIS SECTION, THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL26
SERVICES SHALL DETERMINE WHETHER TO PROVIDE PREVENTION AND27
1249
-31- INTERVENTION SERVICES IN ACCORDANCE WITH THE RULES ADOPTED BY1
THE STATE BOARD OF HUMAN SERVICES OR WHETHER THE COUNTY2
DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL CONDUCT AN3
ASSESSMENT OR INVESTIGATION PURSUANT TO SECTIONS 19-3-308,4
19-3-308.3,
AND 19-3-308.5 AND THE RULES ADOPTED BY THE STATE5
BOARD OF HUMAN SERVICES.6
(d) I
N DETERMINING WHETHER TO CONDUCT AN ASSESSMENT , THE7
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL CONSIDER8
THE VULNERABILITY OF THE REFERRED CHILD AND ANY CHILDREN9
IDENTIFIED AS VICTIMS OF THE REFERRED CHILD 'S BEHAVIOR; ANY10
INFORMATION IN THE CHILD WELFARE INFORMATION SYSTEM AND ANY11
AVAILABLE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES FILES ;12
AND ANY ALLEGATIONS OF KNOWN OR SUSPECTED CHILD ABUSE OR13
NEGLECT, AS DESCRIBED IN SECTION 19-3-102, INCLUDING ALLEGATIONS14
THAT THE CHILD:15
(I) L
ACKS PROPER PARENTAL CARE OR SUPERVISION PURSUANT TO16
SECTION 19-3-102;17
(II) I
S BEYOND THE CONTROL OF THE CHILD'S PARENT, GUARDIAN,18
OR LEGAL CUSTODIAN PURSUANT TO SECTION 19-3-102; OR19
(III) I
S NOT RECEIVING PROPER OR NECESSARY SUSTENANCE ,20
EDUCATION, MEDICAL CARE, OR ANY OTHER CARE NECESSARY FOR THE21
CHILD'S HEALTH, GUIDANCE, OR WELL-BEING PURSUANT TO SECTION22
19-3-102.23
(e) I
N DETERMINING WHETHER TO CONDUCT AN ASSESSMENT , THE24
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL CONSIDER25
WHETHER AN ASSESSMENT IS APPROPRIATE FOR ANY PROGRAM AREAS26
IDENTIFIED IN THE RULES ADOPTED BY THE STATE BOARD OF HUMAN27
1249
-32- SERVICES, INCLUDING ANY EXISTING PROGRAM AREAS CREATED TO1
PROVIDE THE FOLLOWING:2
(I) P
REVENTION AND INTERVENTION SERVICES TO CHILDREN ,3
YOUTH, AND FAMILIES AT RISK OF INVOLVEMENT WITH THE CHILD4
WELFARE SYSTEM;5
(II) S
ERVICES TO YOUTH IN CONFLICT WITH THE YOUTH 'S FAMILY6
MEMBERS OR THE COMMUNITY ;7
(III) S
ERVICES TO CHILDREN IN NEED OF PROTECTION , INCLUDING8
CHILDREN WHOSE PHYSICAL , MENTAL, OR EMOTIONAL WELL-BEING IS9
THREATENED OR HARMED DUE TO CHILD ABUSE OR NEGLECT , AS10
DESCRIBED IN SECTION 19-3-102;11
(IV) S
ERVICES FOR CHILDREN AND THE CHILDREN 'S FAMILIES IN12
NEED OF SPECIALIZED SERVICES; AND13
(V) S
ERVICES RELATED TO RESOURCE DEVELOPMENT .14
(f) I
F A CHILD ALLEGEDLY ENGAGED IN UNLAWFUL SEXUAL15
BEHAVIOR, AS DEFINED IN SECTION 16-22-102, THAT WOULD BE A FELONY16
OFFENSE IF COMMITTED BY AN ADULT, AND THE INDIVIDUALIZED SERVICE17
AND SUPPORT TEAM DETERMINES THAT THE CHILD OR CHILD 'S FAMILY18
MEMBERS IS NOT SUBSTANTIALLY PARTICIPATING IN THE SERVICES19
RECOMMENDED IN THE INITIAL PLAN OR THE SERVICE AND SUPPORT PLAN20
AND PARTICIPATION IS WITHIN THE CHILD 'S OR THE CHILD'S FAMILY21
MEMBER'S CAPACITY AND RESOURCES, AND THE DECISION BY THE COUNTY22
DEPARTMENT OF HUMAN OR SOCIAL SERVICES IS TO DECLINE AN23
ASSESSMENT, AT LEAST TWO CERTIFIED CHILD WELFARE STAFF MEMBERS24
FROM THE SAME COUNTY OR IN CONJUNCTION WITH ANOTHER COUNTY25
SHALL MAKE THE DECISION.26
(g) T
HE DETERMINATIONS MADE PURS UANT TO SUBSECTIONS
(9)(c)27
1249
-33- TO (9)(f) OF THIS SECTION MUST BE INCLUDED IN A WRITTEN UPDATE TO1
THE CHILD'S SERVICE AND SUPPORT PLAN.2
(10) IF THE INDIVIDUALIZED SERVICE AND SUPPORT TEAM3
DETERMINES THAT THE CHILD OR FAMILY MEMBER IS NOT SUBSTANTIALLY4
PARTICIPATING IN SERVICES, THE INDIVIDUALIZED SERVICE AND SUPPORT5
TEAM SHALL:6
(a) C
ONTACT THE VICTIM, OR THE VICTIM'S DESIGNEE, IDENTIFIED7
ON THE INFORMATION FORM FOR CHILDREN
UNDER THIRTEEN YEARS OF8
AGE PURSUANT TO SECTION 24-1.9-102.7;9
(b) N
OTIFY THE VICTIM, OR THE VICTIM'S DESIGNEE, THAT THE10
INDIVIDUALIZED SERVICE AND SUPPORT TEAM IS MEETING TO ADDRESS THE11
LACK OF PARTICIPATION; AND12
(c) P
ROVIDE AN OPPORTUNITY FOR THE VICTIM , OR THE VICTIM'S13
DESIGNEE, TO RESPOND TO THE INDIVIDUALIZED SERVICE AND SUPPORT14
TEAM.15
(11) ONLY THE FOLLOWING PERSONS OR AGENCIES HAVE ACCESS16
TO RECORDS CREATED BY AN INDIVIDUALIZED SERVICE AND SUPPORT17
TEAM, INCLUDING INITIAL PLANS AND SERVICE AND SUPPORT PLANS :18
(a) T
HE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES19
WHEN INVESTIGATING A REPORT OF A KNOWN OR SUSPECTED INCIDENT OF20
CHILD ABUSE OR NEGLECT OR PROVIDING SERVICES FOR A CHILD OR21
FAMILY THAT IS THE SUBJECT OF THE REPORT;22
(b) A
N AGENCY WITH LEGAL RESPONSIBILITY OR AUTHORIZATION23
TO CARE FOR, TREAT, OR SUPERVISE A CHILD WHO IS THE SUBJECT OF THE24
RECORD;25
(c) A
PARENT, LEGAL GUARDIAN OR CUSTODIAN, OR OTHER PERSON26
RESPONSIBLE FOR THE HEALTH OR WELFARE OF A CHILD NAMED IN A27
1249
-34- RECORD, OR THE ASSIGNED DESIGNEE OF ANY SUCH PERSON ACTING BY1
AND THROUGH A VALIDLY EXECUTED POWER OF ATTORNEY ;2
(d) T
HE CHILD NAMED IN THE RECORD AND THE CHILD'S GUARDIAN3
AD LITEM OR COUNSEL FOR YOUTH ;4
(e) (I) A
SERVICE PROVIDER WHO IS AND CONTINUES TO BE5
OFFICIALLY AND PROFESSIONALLY INVOLVED IN THE CARE OF THE CHILD6
WHO IS THE SUBJECT OF THE RECORD , BUT ONLY WITH REGARD TO7
INFORMATION THAT THE SERVICE PROVIDER HAS A NEED TO KNOW IN8
ORDER TO FULFILL THE SERVICE PROVIDER'S PROFESSIONAL, OFFICIAL, AND9
ONGOING ROLE, INCLUDING:10
(A) H
OSPITAL PERSONNEL ENGAGED IN THE ADMISSION , CARE, OR11
TREATMENT OF THE CHILD;12
(B) M
ENTAL HEALTH PROFESSIONALS ;13
(C) P
HYSICIANS OR SURGEONS , INCLUDING PHYSICIANS IN14
TRAINING;15
(D) R
EGISTERED NURSES OR LICENSED PRACTICAL NURSES ;16
(E) D
ENTISTS;17
(F) P
SYCHOLOGISTS LICENSED PURSUANT TO PART 3 OF ARTICLE18
245
OF TITLE 12;19
(G) U
NLICENSED PSYCHOTHERAPISTS ;20
(H) P
ROFESSIONAL COUNSELORS LICENSED PURSUANT TO PART 621
OF ARTICLE 245 OF TITLE 12;22
(I) M
ARRIAGE AND FAMILY THERAPISTS LICENSED PURSUANT TO23
PART 5 OF ARTICLE 245 OF TITLE 12;24
(J) P
UBLIC OR PRIVATE SCHOOL OFFICIALS OR EMPLOYEES ;25
(K) S
OCIAL WORKERS LICENSED PURSUANT TO PART 4 OF ARTICLE26
245
OF TITLE 12 OR INDIVIDUALS EMPLOYED BY AN AGENCY THAT IS27
1249
-35- LICENSED OR CERTIFIED PURSUANT TO PART 9 OF ARTICLE 6 OF TITLE 26 OR1
PART 3 OF ARTICLE 5 OF TITLE 26.5;2
(L) V
ICTIM'S ADVOCATES, AS DEFINED IN SECTION 13-90-1073
(1)(k)(II);4
(M) C
LERGY MEMBERS, AS DEFINED IN SECTION 19-3-3045
(2)(aa)(III);
AND6
(N) E
DUCATORS PROVIDING SERVICES THROUGH THE FEDERAL7
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN , INFANTS, AND8
CHILDREN, AS PROVIDED FOR IN 42 U.S.C. SEC. 1786.9
(II) I
NFORMATION DISCLOSED TO A SERVICE PROVIDER PURSUANT10
TO THIS SUBSECTION
(11)(e) IS CONFIDENTIAL AND SHALL NOT BE11
DISCLOSED BY THE SERVICE PROVIDER TO ANY OTHER PERSON , EXCEPT AS12
PROVIDED BY LAW.13
(12) (a) UNLESS SPECIFICALLY STATED OTHERWISE, THE14
REQUIREMENTS OF THIS SECTION TO PROVIDE INFORMATION TO THE15
VICTIM, OR THE VICTIM'S DESIGNEE, AS IDENTIFIED ON THE INFORMATION16
FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE CREATED PURSUANT17
TO SECTION 24-1.9-102.7, MAY BE SATISFIED BY EITHER WRITTEN ,18
ELECTRONIC, OR ORAL COMMUNICATION WITH THE VICTIM OR THE VICTIM 'S19
DESIGNEE. THE PERSON RESPONSIBLE FOR PROVIDING THE INFORMATION20
SHALL DO SO IN A TIMELY MANNER.21
(b) AN AGENCY THAT IS REQUIRED TO NOTIFY ANY VICTIM , OR THE22
VICTIM'S DESIGNEE, AS IDENTIFIED ON THE INFORMATION FORM FOR23
CHILDREN UNDER THIRTEEN YEARS OF AGE CREATED PURSUANT TO24
SECTION 24-1.9-102.7, SHALL MAKE REASONABLE ATTEMPTS TO CONTACT25
THE VICTIM OR THE VICTIM'S DESIGNEE BY MAIL, ELECTRONIC26
COMMUNICATION, AND TELEPHONE, IF THE VICTIM OR VICTIM'S DESIGNEE27
1249
-36- HAS PROVIDED AN ADDRESS, ELECTRONIC MAIL ADDRESS, AND TELEPHONE1
NUMBER ON THE INFORMATION FORM. IF THE VICTIM OR THE VICTIM'S2
DESIGNEE DOES NOT PROVIDE THE AGENCY WITH A FORWARDING ADDRESS ,3
ELECTRONIC MAIL ADDRESS, AND TELEPHONE NUMBER AND THE AGENCY4
IS UNABLE TO CONTACT THE VICTIM OR THE VICTIM'S DESIGNEE AFTER5
REASONABLE ATTEMPTS HAVE BEEN MADE TO CONTACT THE VICTIM OR6
THE VICTIM'S DESIGNEE, THE AGENCY SHALL BE DEEMED TO HAVE MET ITS7
OBLIGATION AND SHALL NOT BE REQUIRED TO NOTIFY THE VICTIM OR8
VICTIM'S DESIGNEE UNTIL THE VICTIM OR VICTIM'S DESIGNEE PROVIDES9
THE AGENCY WITH THE CURRENT ADDRESS, ELECTRONIC MAIL ADDRESS,10
IF AVAILABLE, AND TELEPHONE NUMBER OF THE VICTIM AND THE NAME OF11
THE VICTIM'S CURRENT DESIGNEE, IF APPLICABLE.12
(c) AN AGENCY THAT IS REQUIRED TO NOTIFY THE VICTIM , OR THE13
VICTIM'S DESIGNEE, AS IDENTIFIED ON THE INFORMATION FORM FOR14
CHILDREN UNDER THIRTEEN YEARS OF AGE CREATED PURSUANT SECTION15
24-1.9-102.7, MAY USE AN AUTOMATED VICTIM NOTIFICATION SYSTEM .16
(d) ANY VICTIM, OR THE VICTIM'S DESIGNEE, AS IDENTIFIED ON THE17
INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE18
CREATED PURSUANT TO SECTION 24-1.9-102.7, MAY ENFORCE19
COMPLIANCE WITH THIS ARTICLE 1.9 BY NOTIFYING THE INTERAGENCY20
OVERSIGHT GROUP, CREATED IN SECTION 24-1.9-102, OF ANY21
NONCOMPLIANCE WITH THIS ARTICLE 1.9. THE INTERAGENCY OVERSIGHT22
GROUP SHALL REVIEW ANY REPORT OF NONCOMPLIANCE, AND, IF THE23
INTERAGENCY OVERSIGHT GROUP DETERMINES THAT THE REPORT OF24
NONCOMPLIANCE HAS A BASIS IN FACT AND CANNOT BE RESOLVED , THE25
INTERAGENCY OVERSIGHT GROUP SHALL REFER THE REPORT OF26
NONCOMPLIANCE TO THE GOVERNOR, WHO MAY REQUEST THAT THE27
1249
-37- ATTORNEY GENERAL FILE SUIT TO ENFORCE COMPLIANCE WITH THIS1
ARTICLE 1.9. A PERSON, CORPORATION, OR OTHER LEGAL ENTITY SHALL2
NOT BE ENTITLED TO CLAIM OR RECEIVE DAMAGES OR OTHER FINANCIAL3
REDRESS FOR ANY FAILURE TO COMPLY WITH THIS ARTICLE 1.9.4
SECTION 25. In Colorado Revised Statutes, amend5
24-1.9-102.5 as follows:6
24-1.9-102.5. Evaluation. The department of human services7
shall ensure that an annual external evaluation of the statewide program8
and each county or regional program is conducted by an independent9
outside entity. The department may contract with the outside entity to10
conduct an external evaluation of those counties that opted not to11
participate in the collaborative management program. The department of12
human services shall utilize moneys MONEY in the performance-based13
collaborative management incentive cash fund created in section14
24-1.9-104, or any general fund moneys MONEY appropriated for this15
purpose, for annual external evaluations of the counties participating in16
memorandums of understanding pursuant to section 24-1.9-102, also17
known as the
LOCAL collaborative management program, as well as
18
external evaluations as determined by the department of human services19
of those counties that opted to not participate in the collaborative20
management program. The annual external evaluation must include any21
evaluation that may be required in connection with a waiver authorized22
pursuant to section 24-1.9-102 (4) and an evaluation of whether the23
parties to a
LOCAL collaborative management program have successfully24
met or exceeded the performance
measures identified in the parties'25
memorandum of understanding pursuant to section 24-1.9-102. (2)(i).26
Each county participating in the
LOCAL collaborative management27
1249
-38- program shall participate fully in the annual external evaluation.1
SECTION 26. In Colorado Revised Statutes, amend2
24-1.9-102.7 as follows:3
24-1.9-102.7. Technical assistance. (1) The department of4
human services shall develop and implement training for counties5
participating in or interested in participating in the LOCAL collaborative6
management program. The department of human services shall utilize7
moneys MONEY in the performance-based collaborative management8
incentive cash fund created in section 24-1.9-104, or any general fund9
moneys MONEY appropriated for this purpose, to develop and implement10
training
AND OVERSIGHT for counties. The training shall
MUST identify11
management strategies to collaborate effectively and efficiently to share12
resources or to manage and integrate the treatment and services provided13
to children and families receiving collaborative management services14
pursuant to this article ARTICLE 1.9, AND STRATEGIES TO ADDRESS THE15
NEEDS OF CHILDREN TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN16
YEARS OF AGE WHO COME IN CONTACT WITH LAW ENFORCEMENT, AND THE17
NEEDS OF CHILDREN WHO ARE VICTIMIZED, INCLUDING UNDERSTANDING18
HARM TO A VICTIM AND EFFECTIVE TREATMENT AND SERVICES TO SUPPORT19
A VICTIM'S SAFETY, HEALING, AND RECOVERY. IN DEVELOPING SERVICES20
TO SUPPORT VICTIMS, THE DEPARTMENT OF HUMAN SERVICES SHALL21
CONSULT WITH THE DEPARTMENT OF PUBLIC SAFETY. IN DEVELOPING THE22
TRAINING AND STRATEGIES TO INTEGRATE RESTORATIVE JUSTICE SERVICES23
AND PRINCIPLES, THE DEPARTMENT OF HUMAN SERVICES SHALL CONSULT24
WITH THE COLORADO RESTORATIVE JUSTICE COORDINATING COUNCIL,25
CREATED IN SECTION 19-2-213. IN DEVELOPING THE TRAINING AND26
STRATEGIES TO INTEGRATE TREATMENT AND SERVICES FOR CHILDREN WHO27
1249
-39- HAVE ENGAGED IN BEHAVIOR IN WHICH THE UNDERLYING FACTUAL BASIS1
INVOLVES UNLAWFUL SEXUAL BEHAVIOR , THE DEPARTMENT OF HUMAN2
SERVICES SHALL CONSULT THE SEX OFFENDER MANAGEMENT BOARD3
CREATED PURSUANT TO SECTION 16-11.7-103. IN DEVELOPING THE4
TRAINING AND OVERSIGHT, THE DEPARTMENT OF HUMAN SERVICES SHALL5
CONSIDER THE REPORT FROM THE PRE-ADOLESCENT SERVICES TASK FORCE6
CREATED IN SECTION 19-3-304.4.7
(2)(a) ON OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT OF8
HUMAN SERVICES SHALL DEVELOP A MODEL WRITTEN PROCEDURE9
PURSUANT TO SECTION 24-1.9-102 TO SERVE CHILDREN TEN YEARS OF AGE10
OR OLDER BUT UNDER THIRTEEN YEARS OF AGE AND CHILDREN WHO ARE11
VICTIMS IDENTIFIED ON THE INFORMATION FORM CREATED IN SUBSECTION12
(3)
OF THIS SECTION.13(b) IN DEVELOPING A MODEL WRITTEN PROCEDURE TO SUPPORT14
CHILDREN WHO ARE VICTIMS , THE DEPARTMENT OF HUMAN SERVICES15
SHALL CONSULT WITH REPRESENTATIVES FROM A COMMUNITY-BASED16
ORGANIZATION THAT PROVIDES VICTIM SERVICES .17
(3) O
N OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT OF18
HUMAN SERVICES SHALL, IN CONSULTATION WITH REPRESENTATIVES FROM19
LOCAL LAW ENFORCEMENT
AGENCIES AND THE DEPARTMENT OF PUBLIC20
SAFETY, CREATE AN INFORMATION FORM FOR CHILDREN UNDER THIRTEEN21
YEARS OF AGE TO BE COMPLETED BY LAW ENFORCEMENT AND ANY OTHER22
PARTY REFERRING A CHILD TO A LOCAL COLLABORATIVE MANAGEMENT23
PROGRAM FOR ASSESSMENT AND SERVICES . THE INFORMATION FORM FOR24
CHILDREN UNDER THIRTEEN YEARS OF AGE MUST INCLUDE :25
(a) A DESCRIPTION OF THE ALLEGED CONDUCT OF THE CHILD ,26
INCLUDING IDENTIFICATION OF THE MISDEMEANOR OR FELONY THAT THE27
1249
-40- OFFICER HAS PROBABLE CAUSE TO BELIEVE THE CHILD'S ACTIONS WOULD1
CONSTITUTE, IF THE ACTIONS WERE COMMITTED BY AN ADULT ;2
(b) INFORMATION CONCERNING THE CHILD'S POTENTIAL NEED FOR3
SERVICES, IF KNOWN;4
(c) CONTACT INFORMATION FOR THE CHILD'S PARENT, LEGAL5
GUARDIAN, OR ADULT WHO RESIDES WITH THE CHILD, AND THE ALLEGED6
VICTIM, IF ANY, AND THE VICTIM'S DESIGNEE, IF ANY;7
(d) A SPACE FOR LAW ENFORCEMENT TO INDICATE WHETHER THE8
ALLEGED CONDUCT OF THE CHILD CONSTITUTES :9
(I) A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406;10
(II) UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION11
16-22-102, THAT WOULD CONSTITUTE A FELONY OFFENSE IF COMMITTED12
BY AN ADULT;13
(III) FELONY SEXUAL ASSAULT, PURSUANT TO SECTION 18-3-402;14
OR15
(IV) FELONY UNLAWFUL SEXUAL CONTACT , PURSUANT TO SECTION16
18-3-404 (2)(b), AND THE CHILD USED FORCE, INTIMIDATION, OR THREAT.17
(e) A
NY INFORMATION REQUIRED FOR A VICTIM TO REQUEST18
SERVICES OR COMPENSATION PURSUANT TO ARTICLE 4.1 OF TITLE 24; AND19 (f) WHETHER THE LAW ENFORCEMENT OFFICER REQUESTED AN20
EMERGENCY PROTECTION ORDER PURSUANT TO SECTION 19-3-405 OR21
SECTION 13-14-103.22
(g) AN ATTESTATION, TO BE SIGNED BY THE PARENT , LEGAL23
GUARDIAN, LEGAL CUSTODIAN OF THE CHILD, OR ADULT RESIDING WITH24
THE CHILD, AGREEING TO COOPERATE WITH THE LOCAL COLLABORATIVE25
MANAGEMENT PROGRAM AND ATTEND ANY MEETINGS SCHEDULED BY THE26
INDIVIDUALIZED SERVICE AND SUPPORT TEAM .27
1249
-41- (4) ON OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT OF1
HUMAN SERVICES SHALL ESTABLISH A TIME FRAME FOR :2
(a) S
UBMITTING AN INFORMATION FORM FOR CHILDREN
UNDER3
THIRTEEN YEARS OF AGE TO A LOCAL COLLABORATIVE MANAGEMENT4
PROGRAM;5
(b) F
INALIZING AN INITIAL PLAN AND SHARING THE PLAN WITH THE6
CHILD AND THE CHILD'S FAMILY; AND7
(c) C
OMPLETING AN INDIVIDUALIZED SERVICE AND SUPPORT TEAM8
MEETING, SHOULD ONE BE NEEDED.9
(5) T
HE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP A10
SYSTEM TO REVIEW AND PROVIDE TECHNICAL ASSISTANCE FOR11
IMPLEMENTING WRITTEN PROCEDURES TO SERVE CHILDREN TEN YEARS OF12
AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE CONTACT13
WITH LAW ENFORCEMENT PURSUANT TO SECTION 24-1.9-102.3.14
B
EGINNING JULY 1, 2024, AND EACH JULY 1 THEREAFTER, THE15
DEPARTMENT OF HUMAN SERVICES SHALL REVIEW ALL WRITTEN16
PROCEDURES TO SERVE CHILDREN TEN YEARS OF AGE OR OLDER BUT17
UNDER THIRTEEN YEARS OF AGE WHO HAVE CONTACT WITH LAW18
ENFORCEMENT AND CHILDREN WHO ARE VICTIMS IDENTIFIED ON THE19
INFORMATION FORM CREATED IN SUBSECTION (3) OF THIS SECTION.20
SECTION 27. In Colorado Revised Statutes, 24-1.9-103, amend21
(1)(a), (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI); and add (1)(b.5) as22
follows:23
24-1.9-103. Reports - executive director review.24
(1) Commencing January 1, 2007, and on or before each January 125
thereafter, each interagency oversight group shall provide a report to the26
executive director of each department and agency that is a party to any27
1249
-42- memorandum of understanding entered into that includes:1
(a) The number of children and families served through the2
local-level individualized service and support teams and the outcomes of3
the services provided, including
THE
NUMBER, AGE, RACE, GENDER, AND4
DISABILITY STATUS OF THE CHILDREN SERVED , A DESCRIPTION OF THE5
OUTCOMES FOR CHILDREN TEN YEARS OF AGE OR OLDER BUT UNDER6
THIRTEEN YEARS OF AGE WHO HAVE CONTACT WITH LAW ENFORCEMENT ,7
A DESCRIPTION OF THE OUTCOMES FOR CHILDREN WHO ARE VICTIMS8
IDENTIFIED ON THE INFORMATION FORM CREATED IN SECTION9
24-1.9-102.7,
AND a description of any reduction in duplication or10
fragmentation of services provided and a description of any significant11
improvement in outcomes for children and families;12
(b.5) T
HE NUMBER OF CHILDREN AND FAMILIES THAT WERE13
REFERRED TO A LOCAL COLLABORATIVE MANAGEMENT PROGRAM AND DID14
NOT RECEIVE RECOMMENDED SERVICES , INCLUDING A DESCRIPTION OF THE15
SERVICES THAT WERE RECOMMENDED BUT NOT PROVIDED ,
A16
DESCRIPTION OF THE BARRIERS TO PROVIDING SUCH SERVICES, AND THE17
AGE, RACE, GENDER, AND DISABILITY STATUS OF THE CHILDREN;18
(c) An accounting of moneys MONEY that were WAS reinvested in19
additional services provided to children or families who would benefit20
from integrated multi-agency services due to cost-savings that may have21
resulted; or due to meeting or exceeding performance measures identified22
in the memorandum of understanding pursuant to section 24-1.9-10223
(2)(i);24
(2) (b) The following persons or their designees shall attend the25
annual meeting required pursuant to subsection (2)(a) of this section:26
(II) A superintendent of a school district that has entered into a27
1249
-43- memorandum of understanding, and has met or exceeded the performance1
measures identified in the memorandum of understanding pursuant to2
section 24-1.9-102 (2)(i), as such superintendent is selected by the3
commissioner of education;4
(III) A director of a county department of human or social services5
that has entered into a memorandum of understanding, and has met or6
exceeded the performance measures identified in the memorandum of7
understanding pursuant to section 24-1.9-102 (2)(i), as such director is8
selected by the executive director of the state department of human9
services;10
(VI) A director of a local mental health center that has entered11
into a memorandum of understanding, and has met or exceeded the12
performance measures identified in the memorandum of understanding13
pursuant to section 24-1.9-102 (2)(i), as such director is selected by the14
executive director of the department of human services;15
SECTION 28. In Colorado Revised Statutes, amend 24-1.9-10416
as follows:17
24-1.9-104. Cash fund - creation - grants, gifts, and donations.18
(1) On July 1, 2005, there shall be created in the state treasury the19
performance-based collaborative management incentive cash fund, which20
shall be referred to in this section as the "fund". The moneys MONEY in21
the fund shall be subject to annual appropriation by the general assembly22
to the department of human services for state fiscal year 2005-06 and23
each fiscal year thereafter. The fund shall consist of moneys MONEY24
received from docket fees in civil actions and transferred as specified in25
section 13-32-101. (5)(a)(II), C.R.S.26
(1.5) O
N JULY 1, 2024, AND ANNUALLY THEREAFTER , THE27
1249
-44- GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE COLLABORATIVE1
MANAGEMENT CASH FUND TO SERVE CHILDREN TEN YEARS OF AGE OR2
OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE HAD CONTACT3
WITH LAW ENFORCEMENT .4
(2) The executive director of the department of human services is5
authorized to accept and expend on behalf of the state any grants, gifts,6
or donations from any private or public source for the purposes of this7
section. All private and public funds received through grants, gifts, or8
donations shall be transmitted to the state treasurer, who shall credit the9
same to the fund in addition to moneys MONEY credited pursuant to10
subsection (1) of this section and any moneys MONEY that may be11
appropriated to the fund directly by the general assembly. All investment12
earnings derived from the deposit and investment of moneys MONEY in13
the fund shall remain in the fund and shall not be transferred or revert to14
the general fund of the state or any other fund at the end of any fiscal15
year.16
(2.5) Notwithstanding any provision of this section to the17
contrary, on June 1, 2009, the state treasurer shall deduct three hundred18
thousand dollars from the fund and transfer such sum to the general fund.19
(3) (a) On and after July 1, 2005, the executive director of the20
department of human services shall allocate the moneys MONEY in the21
fund, and any general fund moneys MONEY appropriated for this purpose,22
to provide incentives to parties to a memorandum of understanding who23
have agreed to performance-based collaborative management pursuant to24
section 24-1.9-102. (2)(i) and who, based upon the annual report to the25
department of human services pursuant to section 24-1.9-102 (2)(i), have26
successfully met or exceeded the performance measures identified in the27
1249
-45- parties' memorandum of understanding pursuant to section 24-1.9-1021
(2)(i). The incentives shall be used to provide services to children and2
families who would benefit from integrated multi-agency services, as3
such population is defined by the memorandum of understanding pursuant4
to section 24-1.9-102 (2)(c). THE EXECUTIVE DIRECTOR OF THE5
DEPARTMENT OF HUMAN SERVICES SHALL :6
(I) B
EGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION7
(3)(a)(I),
PROVIDE AN ANNUAL SUM TO EACH LOCAL COLLABORATIVE8
MANAGEMENT PROGRAM TO SERVE CHILDREN TEN YEARS OF AGE OR9
OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE HAD CONTACT10
WITH LAW ENFORCEMENT. FOR THE 2023-24 STATE FISCAL YEAR, THE SUM11
PROVIDED TO EACH LOCAL COLLABORATIVE MANAGEMENT PROGRAM12
MUST BE USED TO SERVE CHILDREN TEN YEARS OF AGE OR OLDER BUT13
UNDER THIRTEEN YEARS OF AGE W HO HAVE HAD CONTACT WITH LAW14
ENFORCEMENT, INCLUDING HIRING ADDITIONAL STAFF , IF NEEDED. IN15
SUBSEQUENT STATE FISCAL YEARS , THE AMOUNT OF THE SUM PROVIDED16
TO EACH LOCAL COLLABORATIVE MANAGEMENT PROGRAM MUST BE17
DETERMINED THROUGH A FUNDING FORMULA THAT CONSIDERS :18
(A) T
HE AMOUNT OF MONEY AVAILABLE IN THE FUND ;19
(B) T
HE NEED FOR A BASE OF RESOURCES TO DIRECT A CHILD AND20
THE CHILD'S FAMILY MEMBERS TO APPROPRIATE SERVICES ; AND21
(C) T
HE NUMBER OF CLIENTS TEN YEARS OF AGE OR OLDER BUT22
UNDER THIRTEEN YEARS OF AGE WHO NEED TO BE SERVED IN EACH23
COUNTY OR REGION; AND24
(II) B
EGINNING JULY 1, 2024, PROVIDE AN ANNUAL SUM TO EACH25
LOCAL COLLABORATIVE MANAGEMENT PROGRAM TO PROVIDE SERVICES26
TO A CHILD AND A CHILD'S FAMILY MEMBERS WHO WOULD BENEFIT FROM27
1249
-46- INTEGRATED MULTI-AGENCY SERVICES, AS THE POPULATION IS DEFINED BY1
THE MEMORANDUM OF UNDERSTANDING PURSUANT TO SECTION2
24-1.9-102,
AS DETERMINED THROUGH A FUNDING FORMULA THAT3
CONSIDERS:4
(A) T
HE AMOUNT OF MONEY AVAILABLE IN THE FUND ;5
(B) T
HE NEED FOR A BASE OF RESOURCES TO DIRECT A CHILD AND6
THE CHILD'S FAMILY MEMBERS TO APPROPRIATE SERVICES ; AND7
(C) T
HE NUMBER OF CLIENTS IN THE POPULATION TO BE SERVED ,8
AS DEFINED BY THE MEMORANDUM OF UNDERSTANDING PURSUANT TO9
SECTION 14-1.9-102, IN EACH COUNTY OR REGION.10
(a.5) On and after July 1, 2008, the executive director of the11
department of human services is authorized to allocate moneys
MONEY in12
the fund, and any general fund moneys MONEY appropriated for this13
purpose, to be used to cover the direct and indirect costs of the external14
evaluation of the performance-based collaborative management program15
described in section 24-1.9-102 and the technical assistance and training16
for counties as described in section 24-1.9-102.7.17
(b) For purposes of allocating incentive moneys MONEY pursuant18
to this subsection (3), the executive director of the department of human19
services shall submit an accounting of moneys MONEY in the fund,20
available for incentives, and any general fund moneys MONEY21
appropriated for this purpose, and a proposal for the allocation of22
incentive moneys MONEY to the state board of human services for review23
and approval prior to the allocation of the moneys MONEY. The state24
board of human services shall approve the proposal not later than thirty25
days after receipt of the proposal from the executive director of the26
department of human services.27
1249
-47- SECTION 29. In Colorado Revised Statutes, 24-4.1-102, amend1
(1), (10)(a) introductory portion, (10)(a)(I), (10)(b), and (10)(c); and add2
(3.5) as follows:3
24-4.1-102. Definitions. As used in this part 1, unless the context4
otherwise requires:5
(1) "Applicant" means any victim of a compensable crime
OR6
COMPENSABLE ACT who applies to the fund for compensation under
7
PURSUANT TO this part 1. In the case of such victim's death, the term8
includes any person who was his THE VICTIM'S dependent at the time of9
the death of that victim.10
(3.5) "C
OMPENSABLE ACT" MEANS AN ACT COMMITTED BY A11
JUVENILE WHO IS TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN12
YEARS OF AGE THAT, IF COMMITTED BY A PERSON WHO IS THIRTEEN YEARS13
OF AGE OR OLDER, IS PUNISHABLE AS A CRIME IN THIS STATE THAT IS AN14
INTENTIONAL, KNOWING, RECKLESS, OR NEGLIGENT ACT, INCLUDING:15
(a) A
N ACT IN VIOLATION OF SECTION 42-4-1301 (1) OR (2) THAT16
RESULTS IN RESIDENTIAL PROPERTY DAMAGE TO OR BODILY INJURY OR17
DEATH OF ANOTHER PERSON OR RESULTS IN LOSS OF OR DAMAGE TO18
EYEGLASSES, DENTURES, HEARING AIDS, OR OTHER PROSTHETIC OR19
MEDICAL DEVICE;20
(b) A
N ACT IN VIOLATION OF SECTION 42-4-1402 OR 42-4-160121
THAT RESULTS IN THE DEATH OR BODILY INJURY OF ANOTHER PERSON ; OR22
(c) A
FEDERAL OFFENSE THAT IS COMPARABLE TO THOSE SPECIFIED23
IN THIS SUBSECTION (3.5) AND IS COMMITTED IN THIS STATE.24
(10) (a) "Victim" means any of the following persons who suffer25
property damage, economic loss, injury, or death as a result of a26
compensable crime
OR COMPENSABLE ACT perpetrated or attempted in27
1249
-48- whole or in part in this state:1
(I) Any person against whom a compensable crime
OR2
COMPENSABLE ACT is perpetrated or attempted. Such person shall be3
referred to as a "primary victim".4
(b) "Victim" also means a person who suffers injury or death, the5
proximate cause of which is a compensable crime
OR COMPENSABLE ACT6
perpetrated or attempted in the person's presence against a primary victim.7
(c) "Victim" also means a person who is a resident of this state8
and who is a victim of a crime that occurred outside of this state, where9
the crime would be a compensable crime
OR COMPENSABLE ACT had it10
occurred in this state and where the state or country in which the crime11
occurred does not have a crime victim compensation program for which12
the person would be eligible.13
SECTION 30. In Colorado Revised Statutes, 24-4.1-105, amend14
(2)(b) as follows:15
24-4.1-105. Application for compensation. (2) (b) In order to16
be eligible for compensation for property damage under
PURSUANT TO17
this part 1, the applicant shall submit a report or case number, if18
reasonably available, from a law enforcement agency which shall set19
THAT SETS forth the nature of the property damage which is the result of20
a compensable crime
OR COMPENSABLE ACT. AN INFORMATION FORM FOR21
CHILDREN UNDER THIRTEEN YEARS OF AGE , PURSUANT TO SECTION22
24-1.9-102.3,
MAY BE SUBMITTED BY THE APPLICANT IN PLACE OF A LAW23
ENFORCEMENT REPORT.24
SECTION 31. In Colorado Revised Statutes, 24-4.1-108, amend25
(1) introductory portion, (1)(a), (1.5) introductory portion, and (1.5)(a) as26
follows:27
1249
-49- 24-4.1-108. Awarding compensation. (1) A person is entitled to1
an award of compensation under PURSUANT TO this part 1 if:2
(a) The person is a victim or a dependent of a victim or a3
successor in interest under the "Colorado Probate Code" of a victim of a4
compensable crime which was perpetrated on or after July 1, 1982, OR A5
COMPENSABLE ACT PERPETRATED ON OR AFTER JULY 1, 2024, and which6
THE COMPENSABLE CRIME OR COMPENSABLE ACT resulted in a loss;7
(1.5) A person is entitled to an award of compensation for8
property damage under PURSUANT TO this part 1 if:9
(a) The person is a victim of a compensable crime which was10
perpetrated on or after July 1, 1983,
OR A COMPENSABLE ACT11
PERPETRATED ON OR AFTER JULY 1, 2024, and which
THE COMPENSABLE12
CRIME OR COMPENSABLE ACT resulted in property damage;13
SECTION 32. In Colorado Revised Statutes, 24-4.1-109, amend14
(1.5)(a) introductory portion and (1.5)(a)(I)(A) as follows:15
24-4.1-109. Losses compensable. (1.5) (a) Losses compensable16
under PURSUANT TO this part 1 resulting from property damage include:17
(I) (A) Repair or replacement of property damaged as a result of18
a compensable crime
OR COMPENSABLE ACT; or19
SECTION 33. In Colorado Revised Statutes, 24-4.1-117, amend20
(2) as follows:21
24-4.1-117. Fund created - control of fund. (2) The fund22
consists of all money paid as a cost or surcharge levied on criminal23
actions, as provided in section 24-4.1-119; any federal money available24
to state or local governments for victim compensation; all money received25
from any action or suit to recover damages from an assailant for a26
compensable crime which
OR COMPENSABLE ACT THAT was the basis for27
1249
-50- an award of, and limited to, compensation received under PURSUANT TO1
this part 1; any restitution paid by an assailant to a victim for damages for2
a compensable crime which OR COMPENSABLE ACT THAT was the basis for3
an award received under PURSUANT TO this part 1 and for damages for4
which the victim has received an award of, and limited to, compensation5
received under PURSUANT TO this part 1; money transferred from the6
marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(b); and any7
other money that the general assembly may appropriate or transfer to the8
fund.9
SECTION 34. Appropriation. (1) For the 2023-24 state fiscal10
year, $1,422,450 is appropriated to the department of human services for11
use by the division of child welfare. This appropriation is from the12
general fund. To implement this act, the division may use this13
appropriation as follows:14
(a) $411,859 for collaborative management program15
administration and evaluation, which amount is based on an assumption16
that the division will require an additional 1.6 FTE;17
(b) $1,009,468 for performance-based collaborative management18
incentives; and19
(c) $1,123 for Colorado trails.20
(2) For the 2023-24 state fiscal year, the general assembly21
anticipates that the department of human services will receive $604 in22
federal funds for use by the division of child welfare to implement this act.23
The appropriation in subsection (1)(c) of this section is based on the24
assumption that the department will receive this amount of federal funds,25
which is subject to the "(I)" notation as defined in the annual general26
appropriation act for the same fiscal year.27
1249
-51- (3) For the 2023-24 state fiscal year, $39,866 is appropriated to the1
department of public safety for use by the division of criminal justice. This2
appropriation is from the general fund, and is based on an assumption that3
the division will require an additional 0.4 FTE. To implement this act, the4
division may use this appropriation for the sex offender surcharge fund5
program.6
SECTION 35. Act subject to petition - effective date -7
applicability. (1) Sections 23, 26, and 34 of this act, and section8
24-1.9-104 (3)(a) introductory portion and (3)(a)(I) in section 28 of this9
act, take effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after adjournment of the general assembly, and the11
remainder of this act takes effect July 1, 2024; except that, if a referendum12
petition is filed pursuant to section 1 (3) of article V of the state13
constitution against this act or an item, section, or part of this act within14
the ninety-day period after final adjournment of the general assembly, then15
the act, item, section, or part will not take effect unless approved by the16
people at the general election to be held in November 2024 and, in such17
case, will take effect on the date of the official declaration of the vote18
thereon by the governor.19
(2) This act applies to offenses committed and to confinement or20
detention ordered on or after the applicable effective date of this act.21
1249
-52-