Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0278.01 Alana Rosen x2606
SENATE BILL 24-006
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CONSIDERING FACTORS RELATED TO THE CAPABILITY TO101
PARTICIPATE IN THE JUDICIAL PROCESS IN DETERMINING102
WHETHER TO PLACE A PERSON INTO A PRETRIAL DIVERSION103
PROGRAM.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/
.)
Legislative Oversight Committee Concerning the Treatment
of Persons with Behavioral Health Disorders in the Criminal and
Juvenile Justice Systems. The bill requires a district attorney's office, or
SENATE SPONSORSHIP
Rodriguez and Fields,
HOUSE SPONSORSHIP
English and Bradfield, Amabile
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. the office's designee, to consider the use of a juvenile diversion program
(program) to prevent a juvenile who demonstrates behaviors or symptoms
consistent with an intellectual and developmental disability, a mental or
behavioral health issue, or a lack of mental capacity from further
involvement in formal delinquency proceedings.
Current law allows programs to use the results of an approved and
validated assessment tool to identify the appropriate diversion services a
juvenile may need and the professionals who may provide the services.
The bill adds behavioral health services and services for juveniles with
developmental disabilities to the types of services a juvenile may need
and adds behavioral health treatment providers and providers who offer
services to juveniles with developmental disabilities to the list of
professionals who may provide the appropriate diversion services.
If a defendant's competency is raised or a defendant is found
incompetent to proceed, the bill allows the defendant to enter into a
diversion agreement if the court finds that the defendant has the ability to
participate and is advised of the potential consequences of failure to
comply. The defendant's entrance into the diversion agreement does not
waive the issue of competency to stand trial if there is a violation of the
diversion agreement and proceedings on the charges resume. The
diversion agreement alone is not evidence of competency.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-2.5-402, amend2
(3)(e), (4)(c)(III), (4)(c)(IV), and (4.5)(c); and add (1)(c)(I.5), (4)(b.5),3
(4)(c)(V), and (4)(c.5) as follows:4
19-2.5-402. Juvenile diversion program - authorized - report5
- allocation of money - legislative declaration - definitions. (1) (c) The6
goals of the diversion programs are to:7
(I.5) C
ONSIDER A JUVENILE WHO DEMONSTRATES BEHAVIORS OR8
SYMPTOMS CONSISTENT WITH AN INTELLECTUAL AND DEVELOPMENTAL9
DISABILITY, A MENTAL OR BEHAVIORAL HEALTH ISSUE , OR LACK OF10
MENTAL CAPACITY, AND DIVERT THE JUVENILE OUT OF THE JUVENILE11
JUSTICE SYSTEM AND INTO A COMMUNITY TREATMENT PROGRAM ;12
(3) For purposes of this section:13
SB24-006-2- (e) "Services" may include, but are not limited to, provision of1
diagnostic needs assessment, general counseling and counseling during2
a crisis situation,
BEHAVIORAL HEALTH SERVICES , SERVICES FOR3
JUVENILES WITH DEVELOPMENTAL DISABILITIES , specialized tutoring, job4
training and placement, restitution programs, community service,5
constructive recreational activities, day reporting and day treatment6
programs, and follow-up activities.7
(4) District attorneys' offices or the office's designees shall:8
(b.5) C
ONSIDER THE USE OF DIVERSION TO PREVENT A JUVENILE9
WHO DEMONSTRATES BEHAVIORS OR SYMPTOMS CONSISTENT WITH AN10
INTELLECTUAL AND DEVELOPMENTAL DISABILITY , A MENTAL HEALTH OR11
BEHAVIORAL HEALTH ISSUE , OR A LACK OF MENTAL CAPACITY FROM12
FURTHER INVOLVEMENT IN FORMAL DELINQUENCY PROCEEDINGS . A13
DISTRICT ATTORNEY'S OFFICE OR THE OFFICE'S DESIGNEE SHALL NOT14
DISQUALIFY A JUVENILE FROM DIVERSION CONSIDERATION BASED SOLELY15
ON THE JUVENILE RAISING COMPETENCY PURS UANT TO SECTION16
19-2.5-702
IF THE JUVENILE IS CAPABLE OF PARTICIPATING IN DIVERSION17
AND IS ADVISED OF THE POTENTIAL CONSEQUENCES OF FAILURE TO18
COMPLY WITH DIVERSION.19
(c) Not deny diversion to a juvenile based on the juvenile's:20
(III) Age, race or ethnicity, gender, gender identity, gender21
expression, or sexual orientation; or
22
(IV) Legal representation;
OR23
(V) B
EHAVIORS OR SYMPTOMS CONSISTENT WITH AN24
INTELLECTUAL AND DEVELOPMENTAL DISABILITY , A MENTAL HEALTH OR25
BEHAVIORAL HEALTH ISSUE, OR A LACK OF MENTAL CAPACITY , UNLESS26
THE BEHAVIORS OR SYMPTOMS ARE SO SEVERE THAT THE JUVENILE27
SB24-006
-3- CANNOT UNDERSTAND OR PARTICIPATE IN DIVERSION .1
(c.5) I
N A CASE IN WHICH A JUVENILE DEMONSTRATES BEHAVIORS2
OR SYMPTOMS THAT ARE SO SEVERE THAT THE JUVENILE CANNOT3
UNDERSTAND OR PARTICIPATE IN DIVERSION , CONSIDER ALL AVAILABLE4
ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO, REFERRAL TO THE STATE5
DEPARTMENT OR A COLLABORATIVE MANAGEMENT PROGRAM IN LIEU OF6
ADJUDICATION IF IT IS LIKELY THAT A JUVENILE WOULD BE FOUND7
INCOMPETENT AND UNLIKELY TO BE RESTORED IN THE FORESEEABLE8
FUTURE.9
(4.5) Diversion programs may use the results of an approved10
validated assessment tool to inform:11
(c) What services, if any, may be offered to the juvenile.12
Professionals involved with the juvenile's needs, treatment, and service13
planning, including district attorneys, public defenders, probation,14
BEHAVIORAL HEALTH TREATMENT PROVIDERS , PROVIDERS WHO OFFER15
SERVICES TO JUVENILES FOR DEVELOPMENTAL DISABILITIES , and state and16
local governmental entities, such as the state department of human17
services and county departments of human or social services,18
nongovernmental agencies, and individuals collaborating to provide19
appropriate diversion services.20
SECTION 2. In Colorado Revised Statutes, 18-1.3-101, add21
(9)(g) as follows:22
18-1.3-101. Pretrial diversion - appropriation - repeal.23
(9) Diversion agreements. (g) I
F A DEFENDANT'S COMPETENCY TO24
PROCEED IS RAISED PURSUANT TO SECTION 16-8.5-102 OR A DEFENDANT25
IS FOUND INCOMPETENT TO PROCEED PURSUANT TO SECTION 16-8.5-103,26
THE FOLLOWING APPLY:27
SB24-006
-4- (I) THE DEFENDANT MAY ENTER INTO A DIVERSION AGREEMENT IF1
THE COURT FINDS THAT THE DEFENDANT HAS THE ABILITY TO PARTICIPATE2
AND IS ADVISED OF THE POTENTIAL CONSEQUENCES OF FAILURE TO3
COMPLY;4
(II) N
OTWITHSTANDING SUBSECTION (1)(b) OF THIS SECTION, THE5
DEFENDANT'S ENTRANCE INTO A DIVERSION AGREEMENT CONSTITUTES A6
WAIVER OF THE DEFENDANT'S RIGHT TO A SPEEDY TRIAL FOR THE PERIOD7
OF DIVERSION PURSUANT TO SECTION 18-1-405 (6) REGARDLESS OF8
WHETHER A WRITTEN WAIVER IS COMPLETED ; AND9
(III) T
HE DEFENDANT'S ENTRANCE INTO THE DIVERSION10
AGREEMENT DOES NOT WAIVE THE ISSUE OF COMPETENCY TO STAND TRIAL11
IF THERE IS A VIOLATION OF THE DIVERSION AGREEMENT AND12
PROCEEDINGS ON THE CHARGES RESUME . THE DIVERSION AGREEMENT13
ALONE IS NOT EVIDENCE OF COMPETENCY .14
SECTION 3. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
SB24-006
-5-