Colorado 2024 Regular Session

Colorado House Bill HB1101 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0091.01 Jane Ritter x4342
8	8	HOUSE BILL 24-1101
9	9	House Committees Senate Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING EMPOWERING VICT IMS BY ENHANCING ACCESS TO101
14	14	RESTORATIVE JUSTICE IN CRIMINAL CASES . 102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill makes changes to increase access to restorative justice
23	23	practices (restorative justice) in Colorado, specifically by:
24	24	! Creating a victim-survivor right to participate in restorative
25	25	justice in the criminal and juvenile justice systems;
26	26	! Requiring that victim-survivors be informed of their
27	27	statutory right to restorative justice and how to exercise it;
28	28	HOUSE SPONSORSHIP
29	29	Mabrey and Snyder,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. ! Creating a victim-survivor right to request restorative
35	35	justice as an alternative to, or in addition to, prosecution;
36	36	! Establishing the victim-survivor's right to accept or decline
37	37	participation in restorative justice, and the right to change
38	38	that decision, at any stage in the proceedings;
39	39	! Creating a victim-survivor right to restorative justice with
40	40	trained facilitators who adhere to the Colorado restorative
41	41	justice coordinating council's code of conduct and
42	42	standards of training and practice, as amended;
43	43	! Requiring that, in cases of domestic violence or unlawful
44	44	sexual behavior, when a victim-survivor requests
45	45	restorative justice, the victim-survivor has a right to
46	46	restorative justice with a facilitator who has specialized
47	47	training and experience to address the issues specific to
48	48	those cases;
49	49	! Requiring that participation in restorative justice by a
50	50	responsible party is voluntary;
51	51	! Mandating that restorative justice is confidential and
52	52	information obtained through a restorative justice practice
53	53	must not be disclosed by any party to the practice without
54	54	the agreement of all parties involved;
55	55	! Requiring the state restorative justice coordinating council
56	56	to develop, on or before August 30, 2024, 2 standardized
57	57	forms to advise victim-survivors of their right to restorative
58	58	justice in criminal and juvenile cases and a confidentiality
59	59	agreement to use in restorative justice;
60	60	! Clarifying that the legal authority of a prosecutor to make
61	61	decisions about prosecution is preserved;
62	62	! Creating a funding source for restorative justice through
63	63	the offender services fund;
64	64	! Eliminating language in statute that prohibits the use of
65	65	restorative justice in cases involving domestic partner
66	66	violence, protective orders, stalking, and unlawful sexual
67	67	behavior;
68	68	! Requiring the department of corrections to accommodate
69	69	victim-survivor requests for victim-offender dialogues;
70	70	maintain an accountability letter bank for inmates to send
71	71	letters of accountability, apology, or remorse to
72	72	victim-survivors; inform victim-survivors of the
73	73	availability of such letters; and adopt policies requiring
74	74	adherence to the principles of victim empowerment; and
75	75	! Eliminating outdated language related to fees for
76	76	restorative justice in multiple statutes.
77	77	HB24-1101-2- Be it enacted by the General Assembly of the State of Colorado:1
78	78	SECTION 1. In Colorado Revised Statutes, add article 11.6 to2
79	79	title 16 as follows:3
80	80	ARTICLE 11.64
81	81	Restorative Justice in the Criminal Justice System5
82	82	16-11.6-101. Legislative declaration. (1) T
83	83	HE GENERAL6
84	84	ASSEMBLY FINDS AND DECLARES THAT :7
85	85	(a) E
86	86	MPOWERING VICTIM -SURVIVOR HEALING, PROMOTING8
87	87	OFFENDER ACCOUNTABILITY , AND REDUCING RECIDIVISM HELPS THE9
88	88	CRIMINAL JUSTICE SYSTEM MEET ITS FUNDAMENTAL GOAL OF ENSURING10
89	89	PUBLIC SAFETY. INCREASED VICTIM-SURVIVOR PARTICIPATION IN11
90	90	RESTORATIVE JUSTICE PRACTICES FURTHERS THIS GOAL .12
91	91	(b) V
92	92	ICTIM-SURVIVORS OF CRIME OFTEN EXPERIENCE13
93	93	LONG-LASTING TRAUMA ACCOMPANIED BY SEVERE PHYSICAL ,14
94	94	PSYCHOLOGICAL, EMOTIONAL, SOCIAL, AND ECONOMIC CONSEQUENCES ,15
95	95	MANY OF WHICH ARE NOT ADEQUATELY ADDRESSED BY THE ADVERSARIAL16
96	96	LEGAL SYSTEM;17
97	97	(c) I
98	98	NTERNATIONAL RESOLUTIONS , FEDERAL AND STATE LAWS ,18
99	99	AND PROFESSIONAL ORGANIZATIONS INCREASINGLY REC OGNIZE THAT19
100	100	VICTIM-SURVIVORS DESERVE THE OPPORTUNITY TO PARTICIPATE IN20
101	101	PROCESSES INCORPORATING RESTORATIVE JUSTICE PRINCIPLES AND21
102	102	PRACTICES TO REDRESS THE IMPACTS OF CRIME ;22
103	103	(d) T
104	104	HE UNITED NATIONS HAS ADOPTED FIVE RESOLUTIONS23
105	105	PERTAINING TO RESTORATIVE JUSTICE (1999, 2000, 2002, 2016, AND24
106	106	2018),
107	107	INCLUDING "BASIC PRINCIPLES ON THE USE OF RESTORATIVE25
108	108	J
109	109	USTICE PROGRAMS IN CRIMINAL MATTERS";26
110	110	(e) I
111	111	N 1997, THE UNITED STATES DEPARTMENT OF JUSTICE 'S27
112	112	HB24-1101
113	113	-3- NATIONAL INSTITUTE OF CORRECTIONS PROPOSED VICTIM -CENTERED1
114	114	RESTORATIVE JUSTICE PRINCIPLES FOCUSING ON THE NEED TO PROMOTE2
115	115	OFFENDER ACCOUNTABILITY AND COMMUNITY I NVOLVEMENT TO IMPROVE3
116	116	INDIVIDUAL AND PUBLIC SAFETY;4
117	117	(f) I
118	118	N 2022, THE REAUTHORIZATION OF THE FEDERAL "VIOLENCE5
119	119	A
120	120	GAINST WOMEN ACT", 42 U.S.C. SEC. 14043 ET SEQ., PROMOTED AND6
121	121	ENCOURAGED THE DEVELOPMENT AND IMPLEMENTATION OF RESTORATIVE7
122	122	JUSTICE PRACTICES TO IMPROVE THE CRIMINAL LEGAL RESPONSE AND8
123	123	SERVICES TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL9
124	124	ASSAULT, AND STALKING;10
125	125	(g) I
126	126	N 2020, THE AMERICAN BAR ASSOCIATION ADOPTED A11
127	127	RESOLUTION URGING PROSECUTORS , DEFENSE ATTORNEYS , JUDGES,12
128	128	PROBATION OFFICERS, PAROLE AUTHORITIES, LEGISLATIVE POLICYMAKERS,13
129	129	AND COMMUNITY PARTNER ORGANIZATIONS TO CONSIDER USING14
130	130	RESTORATIVE JUSTICE RESPONSES AS AN ALTERNATIVE OR ADJUNCT TO15
131	131	PROSECUTION IN APPROPRIATE CASES ; AND16
132	132	(h) I
133	133	N 1992, THE CITIZENS OF COLORADO ADOPTED A VICTIM 'S17
134	134	RIGHTS AMENDMENT TO THE STATE CONSTITUTION , SECTION 16a OF18
135	135	ARTICLE II, AND THE "VICTIM RIGHTS ACT", PART 3 OF ARTICLE 4.1 OF19
136	136	TITLE 24, JOINING THIRTY-THREE OTHER STATES IN ENACTING20
137	137	CONSTITUTIONAL PROVISIONS THAT RECOGNIZE AS A FOUNDATIONAL21
138	138	PRINCIPLE OF OUR CRIMINAL JUSTICE SYSTEM THAT VICTIM-SURVIVORS OF22
139	139	CRIMES HAVE THE RIGHT TO BE HEARD , INFORMED, AND PRESENT AT23
140	140	CRITICAL STAGES OF PROCEEDINGS, AND TO BE TREATED WITH FAIRNESS,24
141	141	RESPECT, AND DIGNITY.25
142	142	(2) T
143	143	HE GENERAL ASSEMBLY FURTHER FINDS THAT :26
144	144	(a) C
145	145	ASES INVOLVING SEXUAL ASSAULT AND DOMESTIC AND27
146	146	HB24-1101
147	147	-4- INTIMATE PARTNER VIOLENCE PRESENT UNIQUE AND COMPLEX ISSUES1
148	148	THAT THE CRIMINAL AND CIVIL LEGAL SYSTEMS OFTEN PROVE2
149	149	INADEQUATE TO ADDRESS;3
150	150	(b) I
151	151	N 2020, FORTY-SIX STATE DOMESTIC VIOLENCE AND SEXUAL4
152	152	ASSAULT COALITIONS SIGNED THE "MOMENT OF TRUTH" POLICY5
153	153	STATEMENT THAT PROMOTES COMMUNITY -BASED PRACTICES THAT6
154	154	ENCOURAGE SAFETY, SUPPORT, ACCOUNTABILITY, AND HEALING AND7
155	155	CAUTIONS AGAINST INCREASED POLICING , PROSECUTION, AND8
156	156	IMPRISONMENT AS THE PRIMARY SOLUTION TO GENDER -BASED VIOLENCE;9
157	157	(c) A
158	158	CCORDING TO MULTIPLE VICTIM-SURVIVOR INTERVIEWS AND10
159	159	STUDIES, PARTICIPATION IN RESTORATIVE JUSTICE PRACTICES HAS BEEN11
160	160	DETERMINED TO SIGNIFICANTLY INCREASE A VICTIM -SURVIVOR'S12
161	161	SATISFACTION WITH THE CRIMINAL LEGAL SYSTEM , ENHANCE THE13
162	162	VICTIM-SURVIVOR'S FEELING OF SAFETY, AND CONTRIBUTE TO THE14
163	163	VICTIM-SURVIVOR'S HEALING;15
164	164	(d) B
165	165	Y ENGAGING DIRECTLY IN FACILITATED CONVERSATIONS WITH16
166	166	THE RESPONSIBLE PARTY DURING RESTORATIVE JUSTICE ,17
167	167	VICTIM-SURVIVORS REPORT FULFILLING THEIR DESIRE TO GET QUESTIONS18
168	168	ANSWERED, UNDERSTAND THE REASONS FOR THE CRIME , SHARE THEIR19
169	169	STORIES ABOUT THE INJURIOUS IMPACT OF THE CRIME ON THEM AND THEIR20
170	170	FAMILY, AND GAUGE THE ACCOUNTABILITY OF THE RESPONSIBLE PARTY ;21
171	171	(e) I
172	172	NTERVIEWS AND STUDIES HAVE FURTHER ESTABLISHED THAT22
173	173	RESTORATIVE JUSTICE PRACTICES CAN SATISFY A VICTIM -SURVIVOR'S23
174	174	DESIRE FOR PARTICIPATING IN SETTING CONSEQUENCES AND24
175	175	COMMUNICATING THE VICTIM -SURVIVOR'S NEEDS TO "MAKE THINGS25
176	176	RIGHT", ADDRESS UNDERLYING ISSUES THAT DECREASES THE LIKELIHOOD26
177	177	THAT THE RESPONSIBLE PARTY WILL RE -OFFEND OR RE-VICTIMIZE THE27
178	178	HB24-1101
179	179	-5- VICTIM-SURVIVOR OR SOMEONE ELSE , AND EMPOWER THE1
180	180	VICTIM-SURVIVOR TO REGAIN CONTROL OVER THE VICTIM -SURVIVOR'S2
181	181	LIFE;3
182	182	(f) N
183	183	UMEROUS STUDIES HAVE REPORTED THAT VICTIM -SURVIVORS4
184	184	WHO PARTICIPATED IN RESTORATIVE JUSTICE ARE HIGHLY SATISFIED WITH5
185	185	THE PROCESS, BELIEVE IT WAS FAIR, BELIEVE THAT JUSTICE WAS DONE,6
186	186	FEEL THAT THEY WERE LISTENED TO, AND HAVE A HEIGHTENED SENSE OF7
187	187	SAFETY WITH A DIMINISHED FEAR; AND8
188	188	(g) A
189	189	LTHOUGH RESTORATIVE JUSTICE PRACTICES ARE9
190	190	STATUTORILY AVAILABLE FOR MOST VICTIM -SURVIVORS OF CRIME IN10
191	191	C
192	192	OLORADO, MANY VICTIM-SURVIVORS ARE UNAWARE OF IT AND REQUESTS11
193	193	FOR ACCESS HAVE BEEN DENIED, RESULTING IN DISPROPORTIONATELY LOW12
194	194	PARTICIPATION. COLORADO VICTIM-SURVIVORS HAVE A RIGHT TO ELECT13
195	195	TO PARTICIPATE IN RESTORATIVE JUSTICE AND ARE BEING DEPRIVED OF14
196	196	THE OPPORTUNITY TO OBTAIN THE BENEFITS RESTORATIVE JUSTICE15
197	197	PROVIDES.16
198	198	(3) T
199	199	HEREFORE, IN ORDER TO EMPOWER, PROTECT, AND FURTHER17
200	200	THE HEALING, SATISFACTION, AND SAFETY OF VICTIM-SURVIVORS OF18
201	201	CRIME, THE GENERAL ASSEMBLY ACKNOWLEDGES AND PROMOTES THE19
202	202	INTEGRATION OF RESTORATIVE JUSTICE INTO THE CRIMINAL AND20
203	203	CHILDREN'S CODE AND SUPPORTS PROVIDING INCREASED ACCESS TO21
204	204	RESTORATIVE JUSTICE PRACTICES FOR VICTIM-SURVIVORS WHO REQUEST22
205	205	IT.23
206	206	16-11.6-102. Definitions. A
207	207	S USED IN THIS ARTICLE 11.6, AND FOR24
208	208	NO OTHER PURPOSE, INCLUDING THE EXPANSION OF THE RIGHTS OF ANY25
209	209	DEFENDANT:26
210	210	(1) "C
211	211	RIME" MEANS ANY FELONY OR MISDEMEANOR OFFENSE SET27
212	212	HB24-1101
213	213	-6- FORTH IN TITLE 18.1
214	214	(2) "L
215	215	AWFUL REPRESENTATIVE " MEANS ANY PERSON WHO IS2
216	216	DESIGNATED BY THE VICTIM-SURVIVOR OR APPOINTED BY THE COURT TO3
217	217	ACT IN THE BEST INTERESTS OF THE VICTIM-SURVIVOR.4
218	218	(3) "R
219	219	ESTORATIVE JUSTICE" AND "RESTORATIVE JUSTICE5
220	220	PRACTICES" HAVE THE SAME MEANINGS AS SET FORTH IN SECTIONS6
221	221	19-1-103,
222	222	19-2.5-102, AND 18-1-901.7
223	223	(4) "R
224	224	ESTORATIVE JUSTICE COUNCIL " MEANS THE STATE8
225	225	RESTORATIVE JUSTICE COORDINATING COUNCIL ESTABLISHED IN SECTION9
226	226	13-3-116.10
227	227	(5) "V
228	228	ICTIM-SURVIVOR" MEANS ANY NATURAL PERSON AGAINST11
229	229	WHOM ANY CRIME, AS DEFINED IN SUBSECTION (1) OF THIS SECTION, HAS12
230	230	BEEN PERPETRATED OR ATTEMPTED , UNLESS THE PERSON IS ACCOUNTABLE13
231	231	FOR THE CRIME, OR A CRIME ARISING FROM THE SAME CONDUCT OR PLAN ,14
232	232	OR, IF SUCH PERSON IS DECEASED OR INCAPACITATED , THE PERSON'S15
233	233	SPOUSE, PARENT, LEGAL GUARDIAN, CHILD, SIBLING, GRANDPARENT,16
234	234	GRANDCHILD, SIGNIFICANT OTHER, OR OTHER LAWFUL REPRESENTATIVE .17
235	235	I
236	236	T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS DEFINITION OF18
237	237	THE TERM "VICTIM-SURVIVOR" APPLIES ONLY TO THIS ARTICLE 11.6 AND19
238	238	SHALL NOT BE APPLIED TO ANY OTHER PROVISION OF THE LAWS OF THE20
239	239	STATE OF COLORADO THAT REFER TO THE TERM "VICTIM" OR21
240	240	"
241	241	VICTIM-SURVIVOR".22
242	242	16-11.6-103. Restorative justice - rights and responsibilities.23
243	243	(1) A
244	244	VICTIM-SURVIVOR HAS THE RIGHT TO:24
245	245	(a) P
246	246	ARTICIPATE IN RESTORATIVE JUSTICE PRACTICES, INCLUDING25
247	247	THE RIGHT TO BE FULLY INFORMED ABOUT THE PRINCIPLES , VALUES, AND26
248	248	GOALS OF RESTORATIVE JUSTICE AND THE AVAILABILITY OF RESTORATIVE27
249	249	HB24-1101
250	250	-7- JUSTICE PRACTICES IN EVERY JUDICIAL DISTRICT THROUGHOUT THE STATE ;1
251	251	(b) A
252	252	CCEPT, DECLINE, OR RECONSIDER THE DECISION TO2
253	253	PARTICIPATE IN RESTORATIVE JUSTICE AT ANY STAGE OF THE CRIMINAL OR3
254	254	JUVENILE PROCESS, FROM ARREST THROUGH DISPOSITION , INCLUDING4
255	255	POST-SENTENCING. THE VICTIM-SURVIVOR'S DECISION MUST BE KNOWING5
256	256	AND VOLUNTARY AFTER BEING INFORMED OF THE VICTIM -SURVIVOR'S6
257	257	RIGHTS AND IS NOT CONTINGENT ON THE DECISION OF ANY ALLEGED7
258	258	RESPONSIBLE PARTY TO PARTICIPATE.8
259	259	(c) B
260	260	E PROVIDED RESTORATIVE JUSTICE PRACTICES BY A TRAINED9
261	261	FACILITATOR WHO ADHERES TO THE COLORADO RESTORATIVE JUSTICE10
262	262	FACILITATOR CODE OF CONDUCT AND STANDARDS OF TRAINING AND11
263	263	PRACTICE, AS ADOPTED OR SUBSEQUENTLY AMENDED BY THE12
264	264	RESTORATIVE JUSTICE COUNCIL. IF THE UNDERLYING CASE INCLUDES AN13
265	265	ACT OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), OR14
266	266	ANY SEX OFFENSE, AS DESCRIBED IN SECTION 18-1.3-1003 (5), THE15
267	267	VICTIM-SURVIVOR MUST BE PROVIDED WITH RESTORATIVE JUSTICE16
268	268	PRACTICES CONVENED BY CO -FACILITATORS, ONE OF WHOM HAS17
269	269	BACKGROUND, TRAINING, AND EXPERIENCE AS A VICTIM ADVOCATE AND18
270	270	IN FACILITATING HIGH-IMPACT CASES; IS FAMILIAR WITH SURROGATE ,19
271	271	PROXY, AND VICARIOUS PRACTICES; AND POSSESSES AN UNDERSTANDING20
272	272	OF GENDER-BASED AND INTIMATE PARTNER VIOLENCE AND TRAUMA , THE21
273	273	DYNAMICS OF POWER IMBALANCES , CONTROL, AND MANIPULATION IN22
274	274	PERSONAL RELATIONSHIPS, AND OTHER SIMILAR ISSUES PRESENTED BY23
275	275	THESE UNIQUE CASES.24
276	276	(d) A
277	277	T ANY POINT, REQUEST ACCESS TO RESTORATIVE JUSTICE25
278	278	PRACTICES AS AN ALTERNATIVE TO , OR IN ADDITION TO, PROSECUTION;26
279	279	AND27
280	280	HB24-1101
281	281	-8- (e) PARTICIPATE IN AN APPROPRIATE ALTERNATIVE PRACTICE1
282	282	DESIGNED TO MEET THE VICTIM-SURVIVOR'S NEEDS, SUCH AS SURROGATE,2
283	283	PROXY, OR VICARIOUS PRACTICES, IF A DEFENDANT IS UNAVAILABLE OR3
284	284	DECLINES TO PARTICIPATE IN RESTORATIVE JUSTICE PRACTICES .4
285	285	(2) T
286	286	HE RIGHTS AFFORDED TO A VICTIM-SURVIVOR PURSUANT5
287	287	TO THIS SECTION ARE LIMITED TO CRIMES AS DEFINED IN SECTION6
288	288	16-11.6-102.
289	289	HOWEVER, LAW ENFORCEMENT AND PROSECUTORIAL7
290	290	AGENCIES ARE ENCOURAGED TO PROVIDE RESTORATIVE JUSTICE8
291	291	ADVISEMENTS AND TO CONSIDER THE USE OF RESTORATIVE JUSTICE9
292	292	PRACTICES IN ALL CRIMINAL AND JUVENILE CASES AS AN ALTERNATIVE OR10
293	293	IN ADDITION TO PROSECUTION.11
294	294	(3) U
295	295	NLESS THE CASE INVOLVES DOMESTIC VIOLENCE , AS DEFINED12
296	296	IN SECTION 18-6-800.3 (1), OR A SEX OFFENSE, AS DESCRIBED IN SECTION13
297	297	18-1.3-1003
298	298	(5), LAW ENFORCEMENT , PROSECUTORIAL, AND JUDICIAL14
299	299	AGENCIES SHALL ENSURE THAT A VICTIM -SURVIVOR IS NOTIFIED OF THE15
300	300	RIGHTS SET FORTH IN SUBSECTION (1) OF THIS SECTION. THE AGENCIES16
301	301	SHALL ASSIST THE VICTIM-SURVIVOR IN OBTAINING THE INFORMATION17
302	302	NECESSARY TO PARTICIPATE IN RESTORATIVE JUSTICE PRACTICES , PROVIDE18
303	303	THE VICTIM-SURVIVOR WITH THE RESTORATIVE JUSTICE ADVISEMENT19
304	304	FORM CREATED PURSUANT TO SECTION 16-11.6-105, AND DIRECT THE20
305	305	VICTIM-SURVIVOR TO THE RESTORATIVE JUSTICE COUNCIL 'S WEBSITE.21
306	306	(4) I
307	307	F THE CASE INVOLVES DOMESTIC VIOLENCE , AS DEFINED IN22
308	308	SECTION 18-6-800.3 (1), OR A SEX OFFENSE, AS DESCRIBED IN SECTION23
309	309	18-1.3-1003
310	310	(5), PROSECUTORIAL AND JUDICIAL AGENCIES SHALL ENSURE24
311	311	THAT A VICTIM-SURVIVOR IS AFFORDED THE RIGHTS SET FORTH IN25
312	312	SUBSECTION (1) OF THIS SECTION. THE AGENCIES SHALL ASSIST THE26
313	313	VICTIM-SURVIVOR IN OBTAINING THE INFORMATION NECESSARY TO27
314	314	HB24-1101
315	315	-9- PARTICIPATE IN RESTORATIVE JUSTICE PRACTICES , PROVIDE THE1
316	316	VICTIM-SURVIVOR WITH THE RESTORATIVE JUSTICE ADVISEMENT FORM2
317	317	CREATED PURSUANT TO SECTION 16-11.6-105, AND DIRECT THE3
318	318	VICTIM-SURVIVOR TO THE RESTORATIVE JUSTICE COUNCIL 'S WEBSITE.4
319	319	(5) A
320	320	JUVENILE VICTIM-SURVIVOR WHO IS UNDER EIGHTEEN YEARS5
321	321	OF AGE WHO ELECTS TO PARTICIPATE IN RESTORATIVE JUSTICE SHALL6
322	322	OBTAIN WRITTEN CONSENT FROM A PARENT OR LEGAL GUARDIAN AND HAS7
323	323	THE RIGHT TO THE ASSISTANCE OF A PARENT, A LEGAL GUARDIAN, LEGAL8
324	324	COUNSEL, OR OTHER ADULT AS SELECTED BY THE JUVENILE .9
325	325	16-11.6-104. Restorative justice - consent - confidentiality.10
326	326	(1) P
327	327	ARTICIPATION IN RESTORATIVE JUSTICE PRACTICES IS VOLUNTARY .11
328	328	T
329	329	HE DISTRICT ATTORNEY, VICTIM ADVOCATE, OR OTHER DESIGNATED12
330	330	DISTRICT ATTORNEY PERSONNEL SHALL OBTAIN , IN WRITING, THROUGH13
331	331	EXECUTION OF THE ADVISEMENT FORM CREATED PURSUANT TO SECTION14
332	332	16-11.6-105,
333	333	THE KNOWING, INFORMED, AND VOLUNTARY CONSENT OF15
334	334	THE VICTIM-SURVIVOR, RESPONSIBLE PARTY, OR CHARGED JUVENILE16
335	335	AFTER FULL ADVISEMENT OF THE RIGHTS SET FORTH IN SECTION17
336	336	16-11.6-103.
337	337	ANY PARTY MAY WITHDRAW CONSENT AT ANY STAGE OF THE18
338	338	PROCESS. RESTORATIVE JUSTICE PRACTICES CONDUCTED WITH THE19
339	339	CONSENT OF A DEFENDANT OR JUVENILE CHARGED IN JUVENILE COURT ARE20
340	340	SUBJECT TO ALL CONSTITUTIONAL PROTECTIONS AND MUST NOT BE USED21
341	341	TO INTERFERE WITH OR FORCE A WAIVER OF A DEFENDANT 'S OR JUVENILE'S22
342	342	CONSTITUTIONAL RIGHTS.23
343	343	(2) S
344	344	TATEMENTS AND COMMUNICATIONS ELICITED IN THE24
345	345	APPLICATION TO OR DURING THE COURSE OF RESTORATIVE JUSTICE25
346	346	PRACTICES ARE CONFIDENTIAL AND MUST NOT BE DISCLOSED BY ANY26
347	347	PARTICIPANT TO ANY OTHER PERSON OR TO THE COURT UNLESS OTHERWISE27
348	348	HB24-1101
349	349	-10- AGREED TO IN WRITING BY ALL THE PARTICIPANTS AT THE TIME OF THE1
350	350	PRACTICE, EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION.2
351	351	(3) P
352	352	ARTICIPATION IN, OR DECLINING TO PARTICIPATE IN ,3
353	353	RESTORATIVE JUSTICE PRACTICES MUST NOT BE USED AGAINST THE4
354	354	DEFENDANT OR JUVENILE OR TO INCREASE THE SEVERITY OF ANY5
355	355	SENTENCE IN ANY RELATED PROCEEDING AGAINST THE DEFENDANT OR6
356	356	JUVENILE. A STATEMENT MADE OR ACTION TAKEN IN THE COURSE OF7
357	357	RESTORATIVE JUSTICE PRACTICES MUST NOT BE USED AS EVIDENCE TO8
358	358	CHARGE OR PROSECUTE THE DEFENDANT OR JUVENILE , UNLESS THE9
359	359	DEFENDANT OR JUVENILE COMMITS A CHARGEABLE OFFENSE DURING THE10
360	360	RESTORATIVE JUSTICE PRACTICE.11
361	361	(4) T
362	362	HE RESTORATIVE JUSTICE FACILITATOR SHALL NOTIFY THE12
363	363	COURT PRESIDING OVER A CRIMINAL OR JUVENILE CASE OF PARTICIPATION13
364	364	IN A RESTORATIVE JUSTICE PRACTICE IN WHICH THE DEFENDANT OR14
365	365	JUVENILE WAS INVOLVED. THE COURT MAY CONSIDER THE COMPLETION OF15
366	366	THE RESTORATIVE JUSTICE PRACTICE AT SENTENCING .16
367	367	16-11.6-105. Restorative justice - advisement of rights to17
368	368	victim - forms. (1) I
369	369	F A CRIMINAL CASE HAS BEEN FILED, THE DISTRICT18
370	370	ATTORNEY, VICTIM ADVOCATE , OR OTHER DESIGNATED DISTRICT19
371	371	ATTORNEY PERSONNEL SHALL INFORM THE VICTIM -SURVIVOR OF THE20
372	372	VICTIM-SURVIVOR'S RIGHT TO PARTICIPATE IN RESTORATIVE JUSTICE21
373	373	PRACTICES IN WRITING USING THE FORM DEVELOPED BY THE RESTORATIVE22
374	374	JUSTICE COUNCIL PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.23
375	375	(2) (a) O
376	376	N OR BEFORE DECEMBER 31, 2024, THE RESTORATIVE24
377	377	JUSTICE COUNCIL, IN COLLABORATION WITH A STATEWIDE ORGANIZATION25
378	378	REPRESENTING VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT ,26
379	379	SHALL DEVELOP A RESTORATIVE JUSTICE ADVISEMENT FORM TO INFORM27
380	380	HB24-1101
381	381	-11- VICTIM-SURVIVORS ABOUT THEIR RIGHT TO PARTICIPATE IN RESTORATIVE1
382	382	JUSTICE, INCLUDING THE PRINCIPLES, VALUES, GOALS, AND DETAILS OF2
383	383	RESTORATIVE JUSTICE; HOW TO ACCESS RESTORATIVE JUSTICE ; THEIR3
384	384	RIGHT TO ACCEPT, DECLINE, OR CHANGE THE DECISION TO PARTICIPATE IN4
385	385	RESTORATIVE JUSTICE; THE ROLE OF THE RESTORATIVE JUSTICE COUNCIL;5
386	386	AND A STATEWIDE DIRECTORY OF RESTORATIVE JUSTICE PROGRAMS AND6
387	387	PRACTITIONERS FROM WHICH A VICTIM -SURVIVOR CAN IDENTIFY A7
388	388	PROGRAM OR PRACTITIONER TO SUIT THE VICTIM -SURVIVOR'S NEEDS. THE8
389	389	RESTORATIVE JUSTICE COUNCIL AND THE JUDICIAL DEPARTMENT SHALL9
390	390	POST THE FORM ON THEIR WEBSITES IN AN ACCESSIBLE FORMAT .10
391	391	(b) O
392	392	N OR BEFORE AUGUST 30, 2024, THE RESTORATIVE JUSTICE11
393	393	COUNCIL, IN COLLABORATION WITH A STATEWIDE COALITION OF12
394	394	RESTORATIVE JUSTICE PRACTITIONERS AND A STATEWIDE ORGANIZATION13
395	395	REPRESENTING VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT ,14
396	396	SHALL DEVELOP A RESTORATIVE JUSTICE PRACTICES FORM . THE FORM15
397	397	MUST COMPLY WITH THE CONFIDENTIALITY REQUIREMENTS SET FORTH IN16
398	398	SECTION 16-11.6-104 (2). THE RESTORATIVE JUSTICE COUNCIL AND THE17
399	399	JUDICIAL DEPARTMENT SHALL POST THE FORM ON THEIR WEBSITES IN AN18
400	400	ACCESSIBLE FORMAT.19
401	401	16-11.6-106. Restorative justice - legal authority to prosecute.20
402	402	N
403	403	OTHING IN THIS ARTICLE 11.6 RESTRICTS THE DISTRICT ATTORNEY 'S21
404	404	LEGAL AUTHORITY UNDER THE CONSTITUTION AND LAWS OF THE STATE TO22
405	405	PROSECUTE A CASE.23
406	406	16-11.6-107. Application of article. T
407	407	HE PROVISIONS OF THIS24
408	408	ARTICLE 11.6 ALSO APPLY TO ARTICLE 2.5 OF TITLE 19.25
409	409	SECTION 2. In Colorado Revised Statutes, 16-11-214, amend26
410	410	(1)(a) as follows:27
411	411	HB24-1101
412	412	-12- 16-11-214. Fund created - probation services. (1) (a) There is1
413	413	created in the state treasury the offender services fund to which must be2
414	414	credited THE OFFENDER SERVICES FUND, REFERRED TO IN THIS SECTION AS3
415	415	THE "FUND", IS CREATED IN THE STATE TREASURY. One hundred percent4
416	416	of any cost of care payments or probation supervision fees paid to the5
417	417	state pursuant to section 18-1.3-204 (2)(a)(V) or 19-2.5-1120
418	418	MUST BE6
419	419	CREDITED TO THE FUND, and from which
420	420	the general assembly shall make7
421	421	annual appropriations for administrative and personnel costs for adult and8
422	422	juvenile probation services, as well as for adjunct adult and juvenile9
423	423	probation services in the judicial department, including treatment10
424	424	services; contract services; drug and alcohol treatment services, including11
425	425	continuous alcohol monitoring;
426	426	RESTORATIVE JUSTICE PRACTICES; and12
427	427	program development; and for associated administrative and personnel13
428	428	costs. I
429	429	F THE DEFENDANT IS REPRESENTED BY COURT-APPOINTED COUNSEL14
430	430	DUE TO INDIGENCY, RESTORATIVE JUSTICE FEES MUST BE PAID OUT OF THE15
431	431	FUND WHEN RESTORATIVE JUSTICE PRACTICES ARE REQUESTED BY A16
432	432	VICTIM-SURVIVOR. Any money remaining in the fund at the end of any17
433	433	fiscal year does not revert to the general fund.18
434	434	SECTION 3. In Colorado Revised Statutes, amend 17-28-103 as19
435	435	follows:20
436	436	17-28-103. Victim-offender dialogue program - accountability21
437	437	letter bank. (1) The department is authorized to establish a pilot
438	438	22
439	439	program, when funds become available, in its correctional facilities to23
440	440	T
441	441	HERE IS ESTABLISHED IN THE DEPARTMENT A VICTIM -OFFENDER24
442	442	DIALOGUE PROGRAM TO facilitate victim-initiated victim-offender25
443	443	conferences whereby
444	444	DIALOGUES. A victim of a crime may request a26
445	445	facilitated conference DIALOGUE with the offender who committed the27
446	446	HB24-1101
447	447	-13- crime, if the offender is in the custody of the department. After such a1
448	448	pilot program is established, The department may SHALL establish policies2
449	449	and procedures for the victim-offender conferences DIALOGUES using3
450	450	TRAINED volunteers AND FACILITATORS to facilitate the conferences4
451	451	DIALOGUES. The TRAINED volunteers AND FACILITATORS shall complete5
452	452	the department's volunteer and facility-specific training programs and6
453	453	complete high-risk victim-offender training and victim advocacy training.7
454	454	The department shall not compensate or reimburse a volunteer or victim8
455	455	for any expenses nor otherwise incur any additional expenses to establish9
456	456	or operate the victim-offender conferences pilot program. If a pilot10
457	457	program is available, and Subsequent to the A victim's or the A victim11
458	458	representative's request, the department shall arrange such a conference12
459	459	DIALOGUE only after determining that the conference would be safe and13
460	460	only if the offender agrees to participate. The purposes of the conference14
461	461	shall be DIALOGUE ARE to enable the victim to meet the offender, to15
462	462	obtain answers to questions only the offender can answer, to assist the16
463	463	victim in healing from the impact of the crime, and to promote a sense of17
464	464	remorse and acceptance of responsibility by the offender that may18
465	465	contribute to his or her THE OFFENDER'S rehabilitation.19
466	466	(2) T
467	467	HE DEPARTMENT SHALL NOT DENY THE RIGHT TO PARTICIPATE20
468	468	IN A VICTIM-OFFENDER DIALOGUE, AS DESCRIBED IN THIS SECTION, TO ANY21
469	469	VICTIM-SURVIVOR WHEN REQUESTED BY THE VICTIM -SURVIVOR. IF THE22
470	470	DEPARTMENT DETERMINES THAT SUBSTANTIAL SAFETY CONCERNS ARE23
471	471	INVOLVED, THE DEPARTMENT MAY TAKE REASONABLE MEASURES TO24
472	472	ENSURE THE SAFETY OF ALL INVOLVED IN THE VICTIM -OFFENDER25
473	473	DIALOGUE WHILE CONTINUING TO ADHERE TO THE PRINCIPLES OF VICTIM26
474	474	EMPOWERMENT AS SET FORTH IN ARTICLE 11.6 OF TITLE 16.27
475	475	HB24-1101
476	476	-14- (3) THE DEPARTMENT SHALL CREATE AND MAINTAIN AN1
477	477	ACCOUNTABILITY LETTER BANK . AN OFFENDER MAY SEND A LETTER TO2
478	478	ANY VICTIM-SURVIVOR OF THE OFFENDER 'S OFFENSE THROUGH THE3
479	479	ACCOUNTABILITY LETTER BANK TO EXPRESS ACCOUNTABILITY AND4
480	480	REMORSE, OFFER AN APOLOGY , AND OTHERWISE ACKNOWLEDGE5
481	481	RESPONSIBILITY TO THE PERSON OR PERSONS HARMED BY THE OFFENDER 'S6
482	482	CRIME. UPON RECEIPT OF AN ACCOUNTABILITY LETTER , THE DEPARTMENT7
483	483	SHALL, USING A DEPARTMENT STAFF MEMBER KNOWLEDGEABLE AND8
484	484	TRAINED IN RESTORATIVE JUSTICE , NOTIFY THE PERSON OR PERSONS9
485	485	HARMED BY THE OFFENDER OF THE EXISTENCE OF THE LETTER THROUGH10
486	486	ANY AVAILABLE VICTIM NOTIFICATION SYSTEM . THE PERSON NOTIFYING11
487	487	THE PERSON OR PERSONS HARMED SHALL OFFER MEANINGFUL12
488	488	INFORMATION ABOUT VICTIM -OFFENDER DIALOGUES AND RESTORATIVE13
489	489	JUSTICE PRACTICES GENERALLY . THE DEPARTMENT SHALL PROVIDE14
490	490	ACCESS TO THE ACCOUNTABILITY LETTER AT THE REQUEST OF THE PERSON15
491	491	OR PERSONS HARMED . THE DEPARTMENT SHALL ALLOW A16
492	492	VICTIM-SURVIVOR WHO OPTED OUT OF NOTIFICATION PURSUANT TO THIS17
493	493	SUBSECTION (3) THE OPPORTUNITY TO OPT BACK IN AT ANY TIME .18
494	494	SECTION 4. In Colorado Revised Statutes, 18-1.3-104, amend19
495	495	(1)(b.5)(I) as follows:20
496	496	18-1.3-104. Alternatives in imposition of sentence. (1) Within21
497	497	the limitations of the applicable statute pertaining to sentencing and22
498	498	subject to the provisions of this title 18, the trial court has the following23
499	499	alternatives in entering judgment imposing a sentence:24
500	500	(b.5) (I) Except as otherwise provided by subparagraph (II) of this25
501	501	paragraph (b.5) SUBSECTION (1)(b.5)(II) OF THIS SECTION, any defendant26
502	502	who, in the determination of the court, is a candidate for an alternative27
503	503	HB24-1101
504	504	-15- sentencing option and who would otherwise be sentenced to1
505	505	imprisonment pursuant to paragraph (b) of this subsection (1) may, as an2
506	506	alternative, be sentenced to a specialized restitution and community3
507	507	service program pursuant to section 18-1.3-302, which may include4
508	508	restorative justice practices, as defined in section 18-1-901 (3)(o.5), if5
509	509	such THE defendant is determined eligible and is SUITABLE FOR AND6
510	510	accepted into such THE program. To be eligible for restorative justice7
511	511	practices, the defendant shall not have been convicted of unlawful sexual8
512	512	behavior as defined in section 16-22-102 (9), C.R.S., a crime in which the9
513	513	underlying factual basis involves domestic violence, as defined in section10
514	514	18-6-800.3 (1), stalking as defined in section 18-3-602, or violation of a11
515	515	protection order as defined in section 18-6-803.5. If the court orders the12
516	516	defendant to attend a restorative justice practices victim-offender13
517	517	conference, the facilitator of the conference shall provide his or her14
518	518	services for a fee of no more than one hundred twenty-five dollars, based15
519	519	on a sliding scale; however, the fee may be waived by the court. Any16
520	520	statements made during the conference shall be confidential and shall not17
521	521	be used as a basis for charging or prosecuting the defendant unless the18
522	522	defendant commits a chargeable offense during the conference.19
523	523	SECTION 5. In Colorado Revised Statutes, 18-1.3-204, amend20
524	524	(2)(a)(III.5) as follows:21
525	525	18-1.3-204. Conditions of probation - interstate compact22
526	526	probation transfer cash fund - creation. (2) (a) When granting23
527	527	probation, the court may, as a condition of probation, require that the24
528	528	defendant:25
529	529	(III.5) Participate in restorative justice practices, as defined in26
530	530	section 18-1-901 (3)(o.5), if available in the jurisdiction, and IF the27
531	531	HB24-1101
532	532	-16- defendant is determined suitable by a designated restorative justice1
533	533	practices facilitator. If a defendant wants to participate in restorative2
534	534	justice practices, the defendant must make the request to the district3
535	535	attorney or the law enforcement agency administering the program and4
536	536	may SHALL not make the request to the victim VICTIM-SURVIVOR. If5
537	537	requested by the defendant, district attorney, or law enforcement agency,6
538	538	a victim-offender conference may DIALOGUE MUST only be conducted7
539	539	after the victim VICTIM-SURVIVOR is consulted by the district attorney and8
540	540	offered the opportunity to participate or submit a victim impact statement.9
541	541	If a victim VICTIM-SURVIVOR elects not to attend, a victim-offender10
542	542	conference DIALOGUE may be held with a suitable victim surrogate or11
543	543	victim advocate, and the victim VICTIM-SURVIVOR may submit a victim12
544	544	impact statement. To be eligible for restorative justice practices, the13
545	545	defendant shall not have been convicted of unlawful sexual behavior as14
546	546	defined in section 16-22-102 (9), C.R.S., a crime in which the underlying15
547	547	factual basis involves domestic violence, as defined in section 18-6-800.316
548	548	(1), stalking as defined in section 18-3-602, or violation of a protection17
549	549	order as defined in section 18-6-803.5. Any statements made during a18
550	550	restorative justice conference shall be confidential and shall not be used19
551	551	as a basis for charging or prosecuting the defendant unless the defendant20
552	552	commits a chargeable offense during the conference. Failure to complete21
553	553	the requirements arising from a restorative justice conference may be22
554	554	DIALOGUE IS NOT considered a violation of probation. Nothing in this23
555	555	subparagraph (III.5) shall be construed to require SUBSECTION24
556	556	(2)(a)(III.5)
557	557	REQUIRES a victim
558	558	VICTIM-SURVIVOR to participate in25
559	559	restorative justice practices or a restorative justice victim-offender26
560	560	conference DIALOGUE.27
561	561	HB24-1101
562	562	-17- SECTION 6. In Colorado Revised Statutes, 19-2.5-402, amend1
563	563	(3)(d.5) as follows:2
564	564	19-2.5-402. Juvenile diversion program - authorized - report3
565	565	- allocation of money - legislative declaration - definitions. (3) For4
566	566	purposes of this section:5
567	567	(d.5) "Restorative justice" has the same meaning as set forth in6
568	568	section 19-1-103 SECTION 19-2.5-102.7
569	569	SECTION 7. In Colorado Revised Statutes, 19-2.5-502, amend8
570	570	(2) as follows:9
571	571	19-2.5-502. Petition initiation - petition form and content.10
572	572	(2) If the petition is the first juvenile petition filed against the juvenile in11
573	573	any jurisdiction, and is initiated in a jurisdiction that has restorative12
574	574	justice practices available, the district attorney or the district attorney's13
575	575	designee may determine whether the juvenile is suitable for restorative14
576	576	justice practices. The district attorney shall consider whether the victim15
577	577	VICTIM-SURVIVOR, having been informed about restorative justice16
578	578	practices pursuant to section 24-4.1-303 (11)(g), is requesting17
579	579	consideration of restorative justice practices as an alternative to,
580	580	OR IN18
581	581	ADDITION TO, formal prosecution; the seriousness of the crime; the crime's19
582	582	impact on the victim
583	583	VICTIM-SURVIVOR; the best methodology to involve20
584	584	the victim VICTIM-SURVIVOR; whether the juvenile accepts responsibility21
585	585	for, expresses remorse for, and is willing to repair the harm caused by the22
586	586	juvenile's actions; whether the juvenile's parent or legal guardian is23
587	587	willing to support the juvenile in the process; and other programmatic24
588	588	support available. If a juvenile wants to participate in restorative justice25
589	589	practices, the juvenile shall MUST make the request to the district attorney26
590	590	or the law enforcement agency administering the program and may SHALL27
591	591	HB24-1101
592	592	-18- not make the request to the victim VICTIM-SURVIVOR. If requested by the1
593	593	juvenile, restorative justice practices may only be conducted after the2
594	594	district attorney consults with the victim VICTIM-SURVIVOR and offers the3
595	595	victim VICTIM-SURVIVOR an opportunity to participate or submit a victim4
596	596	impact statement. If a victim VICTIM-SURVIVOR elects not to attend, a5
597	597	victim-offender conference DIALOGUE may be held with a suitable victim6
598	598	surrogate or victim advocate, and the victim VICTIM-SURVIVOR may7
599	599	submit a victim impact statement. The district attorney may offer8
600	600	dismissal of charges as an option for the successful completion of these9
601	601	and any other conditions imposed and designed to address the harm done10
602	602	to the victim VICTIM-SURVIVOR and the community by the offender,11
603	603	subject to approval by the court.12
604	604	SECTION 8. In Colorado Revised Statutes, 19-2.5-1101, amend13
605	605	(4) as follows:14
606	606	19-2.5-1101. Presentence investigation. (4) Prior to sentencing15
607	607	a juvenile who was adjudicated for an offense that would be a felony or16
608	608	misdemeanor not contained in title 42 if committed by an adult, the court17
609	609	may order the juvenile to participate in an assessment to determine18
610	610	whether the juvenile would be IS suitable for participation in restorative19
611	611	justice practices that would be AS a part of the juvenile's sentence. except20
612	612	that the court may not order participation in a restorative justice practice21
613	613	if the juvenile was adjudicated a delinquent for unlawful sexual behavior,22
614	614	as defined in section 16-22-102 (9); a crime in which the underlying23
615	615	factual basis involves domestic violence, as defined in section 18-6-800.324
616	616	(1); stalking, as defined in section 18-3-602; or violation of a protection25
617	617	order, as defined in section 18-6-803.5. If the court orders a suitability26
618	618	assessment, the assessor shall provide the services for a fee of no more27
619	619	HB24-1101
620	620	-19- than forty dollars based on a sliding scale consistent with guidelines used1
621	621	to determine eligibility for appointment of counsel. The court shall not2
622	622	include payment of this fee as part of any court order. If a juvenile wants3
623	623	to participate in restorative justice practices, the juvenile must make the4
624	624	request to the district attorney or the law enforcement agency5
625	625	administering the program and may SHALL not make the request to the6
626	626	victim VICTIM-SURVIVOR. If requested by the juvenile or law enforcement7
627	627	agency, a victim-offender conference DIALOGUE may only be conducted8
628	628	after the victim VICTIM-SURVIVOR is consulted by the district attorney and9
629	629	offered an opportunity to participate or submit a victim impact statement.10
630	630	If a victim VICTIM-SURVIVOR elects not to attend, a THE victim-offender11
631	631	conference DIALOGUE may be held with a suitable victim surrogate or12
632	632	victim advocate, and the victim VICTIM-SURVIVOR may submit a victim13
633	633	impact statement. If the juvenile participates in a restorative justice14
634	634	practices victim-offender conference, the facilitator shall provide these15
635	635	services for a fee of no more than one hundred twenty-five dollars based16
636	636	on a sliding scale consistent with guidelines used to determine eligibility17
637	637	for appointment of counsel. The court shall not include payment of this18
638	638	fee as part of any court order.19
639	639	SECTION 9. In Colorado Revised Statutes, 19-2.5-1103, amend20
640	640	(1)(l) as follows:21
641	641	19-2.5-1103. Sentencing schedule - options. (1) Upon22
642	642	completion of the sentencing hearing pursuant to section 19-2.5-1102, the23
643	643	court shall enter a decree of sentence or commitment imposing any of the24
644	644	following sentences or combination of sentences, as appropriate:25
645	645	(l) (I) Participation in an evaluation to determine whether the26
646	646	juvenile would be IS suitable for restorative justice practices that would27
647	647	HB24-1101
648	648	-20- be AS a part of the juvenile's sentence. except that the court may not order1
649	649	participation in restorative justice practices if the juvenile was adjudicated2
650	650	a delinquent for unlawful sexual behavior, as defined in section3
651	651	16-22-102 (9); a crime in which the underlying factual basis involves4
652	652	domestic violence, as defined in section 18-6-800.3 (1); stalking, as5
653	653	defined in section 18-3-602; or violation of a protection order, as defined6
654	654	in section 18-6-803.5. If the court orders participation in restorative7
655	655	justice practices, the facilitator shall provide these services for a fee of no8
656	656	more than one hundred twenty-five dollars based on a sliding scale9
657	657	consistent with guidelines used to determine eligibility for appointment10
658	658	of counsel. The court shall not include payment of this fee as part of any11
659	659	court order. LAW ENFORCEMENT , PROSECUTORIAL, AND JUDICIAL12
660	660	AGENCIES SHALL ENSURE THAT A JUVENILE AND THE JUVENILE 'S PARENT13
661	661	OR LEGAL GUARDIAN ARE NOTIFIED OF THE RIGHTS SET FORTH IN SECTION14
662	662	16-11.6-103.
663	663	THE AGENCIES SHALL ASSIST THE JUVENILE AND THE15
664	664	JUVENILE'S PARENT OR LEGAL GUARDIAN IN OBTAINING THE INFORMATION16
665	665	NECESSARY TO PARTICIPATE IN RESTORATIVE JUSTICE PRACTICES , PROVIDE17
666	666	THE JUVENILE AND THE JUVENILE'S PARENT OR LEGAL GUARDIAN WITH THE18
667	667	RESTORATIVE JUSTICE ADVISEMENT FORM CREATED PURSUANT TO SECTION19
668	668	16-11.6-105,
669	669	AND DIRECT THE JUVENILE OR THE JUVENILE 'S PARENT OR20
670	670	LEGAL GUARDIAN TO THE RESTORATIVE JUSTICE COUNCIL 'S WEBSITE.21
671	671	Nothing in this subsection (1)(l) requires a victim
672	672	VICTIM-SURVIVOR to22
673	673	participate in a restorative justice victim-offender conference DIALOGUE.23
674	674	(II) P
675	675	ARTICIPATION IN RESTORATIVE JUSTICE PRACTICES IS24
676	676	VOLUNTARY. A JUVENILE IS ENTITLED TO THE RIGHTS SET FORTH IN25
677	677	SECTION 16-11.6-103. THE DISTRICT ATTORNEY, VICTIM ADVOCATE, OR26
678	678	OTHER DESIGNATED DISTRICT ATTORNEY PERSONNEL SHALL OBTAIN , IN27
679	679	HB24-1101
680	680	-21- WRITING, THROUGH EXECUTION OF THE ADVISEMENT FORM CREATED1
681	681	PURSUANT TO SECTION 16-11.6-105, THE KNOWING, INFORMED, AND2
682	682	VOLUNTARY CONSENT OF THE VICTIM -SURVIVOR, RESPONSIBLE PARTY, OR3
683	683	JUVENILE AFTER FULL ADVISEMENT OF THE RIGHTS SET FORTH IN SECTION4
684	684	16-11.6-103.
685	685	ANY PARTY MAY WITHDRAW CONSENT AT ANY STAGE OF THE5
686	686	PROCESS. RESTORATIVE JUSTICE PRACTICES CONDUCTED WITH THE6
687	687	CONSENT OF A JUVENILE ARE SUBJECT TO ALL CONSTITUTIONAL7
688	688	PROTECTIONS AND MUST NOT BE USED TO INTERFERE WITH OR FORCE A8
689	689	WAIVER OF A JUVENILE'S CONSTITUTIONAL RIGHTS.9
690	690	(III) S
691	691	TATEMENTS AND COMMUNICATIONS ELICITED IN THE10
692	692	APPLICATION TO OR DURING THE COURSE OF RESTORATIVE JUSTICE11
693	693	PRACTICES ARE CONFIDENTIAL AND MUST NOT BE DISCLOSED BY ANY12
694	694	PARTICIPANT TO ANY OTHER PERSON OR TO THE COURT UNLESS OTHERWISE13
695	695	AGREED TO IN WRITING BY ALL THE PARTICIPANTS AT THE TIME OF THE14
696	696	PRACTICE, EXCEPT AS PROVIDED IN SUBSECTION (1)(l)(V) OF THIS SECTION.15
697	697	(IV) P
698	698	ARTICIPATION IN, OR DECLINING TO PARTICIPATE IN ,16
699	699	RESTORATIVE JUSTICE PRACTICES MUST NOT BE USED AGAINST THE17
700	700	JUVENILE OR TO INCREASE THE SEVERITY OF ANY SENTENCE IN ANY18
701	701	RELATED PROCEEDING AGAINST THE JUVENILE . A STATEMENT MADE OR19
702	702	ACTION TAKEN IN THE COURSE OF RESTORATIVE JUSTICE PRACTICES MUST20
703	703	NOT BE USED AS EVIDENCE TO CHARGE OR PROSECUTE THE JUVENILE ,21
704	704	UNLESS THE JUVENILE COMMITS A CHARGEABLE OFFENSE DURING THE22
705	705	RESTORATIVE JUSTICE PRACTICE.23
706	706	(V) T
707	707	HE RESTORATIVE JUSTICE FACILITATOR SHALL NOTIFY THE24
708	708	COURT PRESIDING OVER A JUVENILE CASE OF PARTICIPATION IN A25
709	709	RESTORATIVE JUSTICE PRACTICE IN WHICH THE JUVENILE WAS INVOLVED .26
710	710	T
711	711	HE COURT MAY CONSIDER THE COMPLETION OF THE RESTORATIVE27
712	712	HB24-1101
713	713	-22- JUSTICE PRACTICE AT SENTENCING.1
714	714	SECTION 10. In Colorado Revised Statutes, 19-2.5-1108,2
715	715	amend (2)(a)(X) as follows:3
716	716	19-2.5-1108. Probation - terms - release - revocation -4
717	717	graduated responses system - report - rules - definition.5
718	718	(2) (a) Conditions of probation must be customized to each juvenile6
719	719	based on the guidelines developed by the committee on juvenile justice7
720	720	reform pursuant to section 24-33.5-2402, as it existed prior to its repeal8
721	721	in 2022. The court shall, as minimum conditions of probation, order that9
722	722	the juvenile:10
723	723	(X) May be evaluated to determine whether the juvenile would be11
724	724	IS suitable for restorative justice practices that would be AS a part of the12
725	725	juvenile's probation program. except that the court may not order13
726	726	participation in restorative justice practices if the juvenile was adjudicated14
727	727	a delinquent for unlawful sexual behavior, as defined in section15
728	728	16-22-102 (9); a crime in which the underlying factual basis involves16
729	729	domestic violence, as defined in section 18-6-800.3 (1); stalking, as17
730	730	defined in section 18-3-602; or violation of a protection order, as defined18
731	731	in section 18-6-803.5.19
732	732	SECTION 11. Act subject to petition - effective date.20
733	733	(1) Except as provided in subsection (2) of this section, this act takes21
734	734	effect at 12:01 a.m. on the day following the expiration of the ninety-day22
735	735	period after final adjournment of the general assembly; except that, if a23
736	736	referendum petition is filed pursuant to section 1 (3) of article V of the24
737	737	state constitution against this act or an item, section, or part of this act25
738	738	within such period, then the act, item, section, or part will not take effect26
739	739	unless approved by the people at the general election to be held in27
740	740	HB24-1101
741	741	-23- November 2024 and, in such case, will take effect on the date of the1
742	742	official declaration of the vote thereon by the governor.2
743	743	(2) Section 16-11.6-103 (4), Colorado Revised Statutes, as3
744	744	enacted in section 1 of this act, takes effect August 1, 2025.4
745	745	HB24-1101
746	746	-24-