Colorado 2024 Regular Session

Colorado Senate Bill SB006 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0278.01 Alana Rosen x2606
1	8		SENATE BILL 24-006
2		-	BY SENATOR(S) Rodriguez and Fields, Cutter, Exum, Michaelson Jenet,
3		-	Priola, Winter F.;
4		-	also REPRESENTATIVE(S) English and Bradfield, Amabile, Bacon,
5		-	Brown, Clifford, deGruy Kennedy, Duran, Epps, Garcia, Hernandez,
6		-	Herod, Jodeh, Joseph, Lindsay, Mabrey, Martinez, Parenti, Ricks, Rutinel,
7		-	Sirota, Story, Weissman, Woodrow, Young, McCluskie
8		-	.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING CONSIDERING FACTORS RELATED TO THE CAPABILITY TO
11		-	PARTICIPATE IN THE JUDICIAL PROCESS IN DETERMINING WHETHER TO
12		-	PLACE A PERSON INTO A PRETRIAL DIVERSION PROGRAM
13		-	.
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 19-2.5-402, amend
16		-	(3)(e), (4)(c)(III), (4)(c)(IV), and (4.5)(c); and add (1)(c)(I.5), (4)(b.5),
17		-	(4)(c)(V), and (4)(c.5) as follows:
18		-	19-2.5-402. Juvenile diversion program - authorized - report -
19		-	allocation of money - legislative declaration - definitions. (1) (c) The
20		-	goals of the diversion programs are to:
	13	+	ONCERNING CONSIDERING FACTORS RELATED TO THE CAPABILITY TO101
	14	+	PARTICIPATE IN THE JUDICIAL PROCESS IN DETERMINING102
	15	+	WHETHER TO PLACE A PERSON INTO A PRETRIAL DIVERSION103
	16	+	PROGRAM.104
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov/
	23	+	.)
	24	+	Legislative Oversight Committee Concerning the Treatment
	25	+	of Persons with Behavioral Health Disorders in the Criminal and
	26	+	Juvenile Justice Systems. The bill requires a district attorney's office, or
	27	+	HOUSE
	28	+	3rd Reading Unamended
	29	+	March 15, 2024
	30	+	HOUSE
	31	+	2nd Reading Unamended
	32	+	March 13, 2024
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	February 15, 2024
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	February 14, 2024
	39	+	SENATE SPONSORSHIP
	40	+	Rodriguez and Fields, Cutter, Exum, Michaelson Jenet, Priola, Winter F.
	41	+	HOUSE SPONSORSHIP
	42	+	English and Bradfield, Amabile, Bacon, Brown, Clifford, deGruy Kennedy, Duran, Epps,
	43	+	Garcia, Hernandez, Herod, Jodeh, Joseph, Lindsay, Mabrey, Martinez, McCluskie, Parenti,
	44	+	Ricks, Rutinel, Sirota, Story, Weissman, Woodrow, Young
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. the office's designee, to consider the use of a juvenile diversion program
	48	+	(program) to prevent a juvenile who demonstrates behaviors or symptoms
	49	+	consistent with an intellectual and developmental disability, a mental or
	50	+	behavioral health issue, or a lack of mental capacity from further
	51	+	involvement in formal delinquency proceedings.
	52	+	Current law allows programs to use the results of an approved and
	53	+	validated assessment tool to identify the appropriate diversion services a
	54	+	juvenile may need and the professionals who may provide the services.
	55	+	The bill adds behavioral health services and services for juveniles with
	56	+	developmental disabilities to the types of services a juvenile may need
	57	+	and adds behavioral health treatment providers and providers who offer
	58	+	services to juveniles with developmental disabilities to the list of
	59	+	professionals who may provide the appropriate diversion services.
	60	+	If a defendant's competency is raised or a defendant is found
	61	+	incompetent to proceed, the bill allows the defendant to enter into a
	62	+	diversion agreement if the court finds that the defendant has the ability to
	63	+	participate and is advised of the potential consequences of failure to
	64	+	comply. The defendant's entrance into the diversion agreement does not
	65	+	waive the issue of competency to stand trial if there is a violation of the
	66	+	diversion agreement and proceedings on the charges resume. The
	67	+	diversion agreement alone is not evidence of competency.
	68	+	Be it enacted by the General Assembly of the State of Colorado:1
	69	+	SECTION 1. In Colorado Revised Statutes, 19-2.5-402, amend2
	70	+	(3)(e), (4)(c)(III), (4)(c)(IV), and (4.5)(c); and add (1)(c)(I.5), (4)(b.5),3
	71	+	(4)(c)(V), and (4)(c.5) as follows:4
	72	+	19-2.5-402. Juvenile diversion program - authorized - report5
	73	+	- allocation of money - legislative declaration - definitions. (1) (c) The6
	74	+	goals of the diversion programs are to:7
21	75		(I.5) C
22		-	ONSIDER A JUVENILE WHO DEMONSTRATES BEHAVIORS OR
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. SYMPTOMS CONSISTENT WITH AN INTELLECTUAL AND DEVELOPMENTAL
31		-	DISABILITY
32		-	, A MENTAL OR BEHAVIORAL HEALTH ISSUE , OR LACK OF MENTAL
33		-	CAPACITY
34		-	, AND DIVERT THE JUVENILE OUT OF THE JUVENILE JUSTICE SYSTEM
35		-	AND INTO A COMMUNITY TREATMENT PROGRAM
36		-	;
37		-	(3) For purposes of this section:
38		-	(e) "Services" may include, but are not limited to, provision of
39		-	diagnostic needs assessment, general counseling and counseling during a
40		-	crisis situation,
41		-	BEHAVIORAL HEALTH SERVICES , SERVICES FOR JUVENILES
42		-	WITH DEVELOPMENTAL DISABILITIES
43		-	, specialized tutoring, job training and
44		-	placement, restitution programs, community service, constructive
45		-	recreational activities, day reporting and day treatment programs, and
46		-	follow-up activities.
47		-	(4) District attorneys' offices or the office's designees shall:
	76	+	ONSIDER A JUVENILE WHO DEMONSTRATES BEHAVIORS OR8
	77	+	SYMPTOMS CONSISTENT WITH AN INTELLECTUAL AND DEVELOPMENTAL9
	78	+	DISABILITY, A MENTAL OR BEHAVIORAL HEALTH ISSUE , OR LACK OF10
	79	+	MENTAL CAPACITY, AND DIVERT THE JUVENILE OUT OF THE JUVENILE11
	80	+	JUSTICE SYSTEM AND INTO A COMMUNITY TREATMENT PROGRAM ;12
	81	+	(3) For purposes of this section:13
	82	+	006-2- (e) "Services" may include, but are not limited to, provision of1
	83	+	diagnostic needs assessment, general counseling and counseling during2
	84	+	a crisis situation,
	85	+	BEHAVIORAL HEALTH SERVICES , SERVICES FOR3
	86	+	JUVENILES WITH DEVELOPMENTAL DISABILITIES , specialized tutoring, job4
	87	+	training and placement, restitution programs, community service,5
	88	+	constructive recreational activities, day reporting and day treatment6
	89	+	programs, and follow-up activities.7
	90	+	(4) District attorneys' offices or the office's designees shall:8
48	91		(b.5) C
49		-	ONSIDER THE USE OF DIVERSION TO PREVENT A JUVENILE WHO
50		-	DEMONSTRATES BEHAVIORS OR SYMPTOMS CONSISTENT WITH AN
51		-	INTELLECTUAL AND DEVELOPMENTAL DISABILITY
52		-	, A MENTAL HEALTH OR
53		-	BEHAVIORAL HEALTH ISSUE
54		-	, OR A LACK OF MENTAL CAPACITY FROM
55		-	FURTHER INVOLVEMENT IN FORMAL DELINQUENCY PROCEEDINGS
56		-	.
57		-	(c) Not deny diversion to a juvenile based on the juvenile's:
58		-	(III) Age, race or ethnicity, gender, gender identity, gender
59		-	expression, or sexual orientation; or
60		-	(IV) Legal representation; OR
61		-	(V) BEHAVIORS OR SYMPTOMS CONSISTENT WITH AN INTELLECTUAL
62		-	AND DEVELOPMENTAL DISABILITY
63		-	, A MENTAL HEALTH OR BEHAVIORAL
64		-	HEALTH ISSUE
65		-	, OR A LACK OF MENTAL CAPACITY, UNLESS THE BEHAVIORS OR
66		-	SYMPTOMS ARE SO SEVERE THAT THE JUVENILE CANNOT UNDERSTAND OR
67		-	PARTICIPATE IN DIVERSION
68		-	.
	92	+	ONSIDER THE USE OF DIVERSION TO PREVENT A JUVENILE9
	93	+	WHO DEMONSTRATES BEHAVIORS OR SYMPTOMS CONSISTENT WITH AN10
	94	+	INTELLECTUAL AND DEVELOPMENTAL DISABILITY , A MENTAL HEALTH OR11
	95	+	BEHAVIORAL HEALTH ISSUE , OR A LACK OF MENTAL CAPACITY FROM12
	96	+	FURTHER INVOLVEMENT IN FORMAL DELINQUENCY PROCEEDINGS .
	97	+	13
	98	+	(c) Not deny diversion to a juvenile based on the juvenile's:14
	99	+	(III) Age, race or ethnicity, gender, gender identity, gender15
	100	+	expression, or sexual orientation; or16
	101	+	(IV) Legal representation;
	102	+	OR17
	103	+	(V) B
	104	+	EHAVIORS OR SYMPTOMS CONSISTENT WITH AN18
	105	+	INTELLECTUAL AND DEVELOPMENTAL DISABILITY , A MENTAL HEALTH OR19
	106	+	BEHAVIORAL HEALTH ISSUE, OR A LACK OF MENTAL CAPACITY , UNLESS20
	107	+	THE BEHAVIORS OR SYMPTOMS ARE SO SEVERE THAT THE JUVENILE21
	108	+	CANNOT UNDERSTAND OR PARTICIPATE IN DIVERSION .22
69	109		(c.5) I
70		-	N A CASE IN WHICH A JUVENILE DEMONSTRATES BEHAVIORS OR
71		-	SYMPTOMS THAT ARE SO SEVERE THAT THE JUVENILE CANNOT UNDERSTAND
72		-	OR PARTICIPATE IN DIVERSION
73		-	, CONSIDER ALL AVAILABLE ALTERNATIVES ,
74		-	INCLUDING, BUT NOT LIMITED TO, REFERRAL TO THE STATE DEPARTMENT OR
75		-	PAGE 2-SENATE BILL 24-006 A COLLABORATIVE MANAGEMENT PROGRAM IN LIEU OF ADJUDICATION IF IT
76		-	IS LIKELY THAT A JUVENILE WOULD BE FOUND INCOMPETENT AND UNLIKELY
77		-	TO BE RESTORED IN THE FORESEEABLE FUTURE
78		-	.
79		-	(4.5) Diversion programs may use the results of an approved
80		-	validated assessment tool to inform:
81		-	(c) What services, if any, may be offered to the juvenile.
82		-	Professionals involved with the juvenile's needs, treatment, and service
83		-	planning, including district attorneys, public defenders, probation,
84		-	BEHAVIORAL HEALTH TREATMENT PROVIDERS , PROVIDERS WHO OFFER
85		-	SERVICES TO JUVENILES FOR DEVELOPMENTAL DISABILITIES
86		-	, and state and
87		-	local governmental entities, such as the state department of human services
88		-	and county departments of human or social services, nongovernmental
89		-	agencies, and individuals collaborating to provide appropriate diversion
90		-	services.
91		-	SECTION 2. In Colorado Revised Statutes, 18-1.3-101, add (9)(g)
92		-	as follows:
93		-	18-1.3-101. Pretrial diversion - appropriation - repeal.
	110	+	N A CASE IN WHICH A JUVENILE DEMONSTRATES BEHAVIORS23
	111	+	OR SYMPTOMS THAT ARE SO SEVERE THAT THE JUVENILE CANNOT24
	112	+	UNDERSTAND OR PARTICIPATE IN DIVERSION , CONSIDER ALL AVAILABLE25
	113	+	ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO, REFERRAL TO THE STATE26
	114	+	DEPARTMENT OR A COLLABORATIVE MANAGEMENT PROGRAM IN LIEU OF27
	115	+	006
	116	+	-3- ADJUDICATION IF IT IS LIKELY THAT A JUVENILE WOULD BE FOUND1
	117	+	INCOMPETENT AND UNLIKELY TO BE RESTORED IN THE FORESEEABLE2
	118	+	FUTURE.3
	119	+	(4.5) Diversion programs may use the results of an approved4
	120	+	validated assessment tool to inform:5
	121	+	(c) What services, if any, may be offered to the juvenile.6
	122	+	Professionals involved with the juvenile's needs, treatment, and service7
	123	+	planning, including district attorneys, public defenders, probation,8
	124	+	BEHAVIORAL HEALTH TREATMENT PROVIDERS , PROVIDERS WHO OFFER9
	125	+	SERVICES TO JUVENILES FOR DEVELOPMENTAL DISABILITIES , and state and10
	126	+	local governmental entities, such as the state department of human11
	127	+	services and county departments of human or social services,12
	128	+	nongovernmental agencies, and individuals collaborating to provide13
	129	+	appropriate diversion services.14
	130	+	SECTION 2. In Colorado Revised Statutes, 18-1.3-101, add15
	131	+	(9)(g) as follows:16
	132	+	18-1.3-101. Pretrial diversion - appropriation - repeal.17
94	133		(9) Diversion agreements. (g) I
95		-	F A DEFENDANT'S COMPETENCY TO
96		-	PROCEED IS RAISED PURSUANT TO SECTION
97		-	16-8.5-102 OR A DEFENDANT IS
98		-	FOUND INCOMPETENT TO PROCEED PURSUANT TO SECTION
99		-	16-8.5-103, THE
100		-	FOLLOWING APPLY
101		-	:
	134	+	F A DEFENDANT'S COMPETENCY TO18
	135	+	PROCEED IS RAISED PURSUANT TO SECTION 16-8.5-102 OR A DEFENDANT19
	136	+	IS FOUND INCOMPETENT TO PROCEED PURSUANT TO SECTION 16-8.5-103,20
	137	+	THE FOLLOWING APPLY:21
102	138		(I) T
103		-	HE DEFENDANT MAY ENTER INTO A DIVERSION ~~AGREEMENT WITH~~
104		-	THE CONSENT OF THE DISTRICT ATTORNEY AND THE COURT ~~IF THE COURT~~
105		-	~~FINDS THAT THE DEFENDANT HAS THE ABILITY TO PARTICIPATE AND IS~~
106		-	~~ADVISED OF~~ THE ~~POTENTIAL CONSEQUENCES OF FAILURE~~ TO ~~COMPLY~~
107		-	;
	139	+	HE DEFENDANT MAY ENTER INTO A DIVERSION AGREEMENT22
	140	+	WITH THE CONSENT OF THE DISTRICT ATTORNEY AND THE COURT
	141	+	IF THE23
	142	+	COURT FINDS THAT THE DEFENDANT HAS THE ABILITY TO PARTICIPATE AND24
	143	+	IS ADVISED OF THE POTENTIAL CONSEQUENCES OF FAILURE TO COMPLY ;25
108	144		(II) N
109		-	OTWITHSTANDING SUBSECTION (1)(b) OF THIS SECTION, THE
110		-	DEFENDANT
111		-	'S ENTRANCE INTO A DIVERSION AGREEMENT CONSTITUTES A
112		-	WAIVER OF THE DEFENDANT
113		-	'S RIGHT TO A SPEEDY TRIAL FOR THE PERIOD OF
114		-	DIVERSION PURSUANT TO SECTION
115		-	18-1-405 (6) REGARDLESS OF WHETHER
116		-	A WRITTEN WAIVER IS COMPLETED
117		-	; AND
118		-	(III) THE DEFENDANT'S ENTRANCE INTO THE DIVERSION AGREEMENT
119		-	DOES NOT WAIVE THE ISSUE OF COMPETENCY TO STAND TRIAL IF THERE IS A
120		-	VIOLATION OF THE DIVERSION AGREEMENT AND PROCEEDINGS ON THE
121		-	PAGE 3-SENATE BILL 24-006 CHARGES RESUME. THE DIVERSION AGREEMENT ALONE IS NOT EVIDENCE OF
122		-	COMPETENCY
123		-	.
124		-	SECTION 3. Safety clause. The general assembly finds,
125		-	determines, and declares that this act is necessary for the immediate
126		-	preservation of the public peace, health, or safety or for appropriations for
127		-	the support and maintenance of the departments of the state and state
128		-	institutions.
129		-	____________________________ ____________________________
130		-	Steve Fenberg
131		-	Julie McCluskie
132		-	PRESIDENT OF SPEAKER OF THE HOUSE
133		-	THE SENATE OF REPRESENTATIVES
134		-	____________________________ ____________________________
135		-	Cindi L. Markwell Robin Jones
136		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
137		-	THE SENATE OF REPRESENTATIVES
138		-	APPROVED________________________________________
139		-	(Date and Time)
140		-	_________________________________________
141		-	Jared S. Polis
142		-	GOVERNOR OF THE STATE OF COLORADO
143		-	PAGE 4-SENATE BILL 24-006
	145	+	OTWITHSTANDING SUBSECTION (1)(b) OF THIS SECTION, THE26
	146	+	DEFENDANT'S ENTRANCE INTO A DIVERSION AGREEMENT CONSTITUTES A27
	147	+	006
	148	+	-4- WAIVER OF THE DEFENDANT'S RIGHT TO A SPEEDY TRIAL FOR THE PERIOD1
	149	+	OF DIVERSION PURSUANT TO SECTION 18-1-405 (6) REGARDLESS OF2
	150	+	WHETHER A WRITTEN WAIVER IS COMPLETED ; AND3
	151	+	(III) T
	152	+	HE DEFENDANT'S ENTRANCE INTO THE DIVERSION4
	153	+	AGREEMENT DOES NOT WAIVE THE ISSUE OF COMPETENCY TO STAND TRIAL5
	154	+	IF THERE IS A VIOLATION OF THE DIVERSION AGREEMENT AND6
	155	+	PROCEEDINGS ON THE CHARGES RESUME . THE DIVERSION AGREEMENT7
	156	+	ALONE IS NOT EVIDENCE OF COMPETENCY .8
	157	+	SECTION 3. Safety clause. The general assembly finds,9
	158	+	determines, and declares that this act is necessary for the immediate10
	159	+	preservation of the public peace, health, or safety or for appropriations for11
	160	+	the support and maintenance of the departments of the state and state12
	161	+	institutions.13
	162	+	006
	163	+	-5-