SENATE BILL 24-006
BY SENATOR(S) Rodriguez and Fields, Cutter, Exum, Michaelson Jenet,
Priola, Winter F.;
also REPRESENTATIVE(S) English and Bradfield, Amabile, Bacon,
Brown, Clifford, deGruy Kennedy, Duran, Epps, Garcia, Hernandez,
Herod, Jodeh, Joseph, Lindsay, Mabrey, Martinez, Parenti, Ricks, Rutinel,
Sirota, Story, Weissman, Woodrow, Young, McCluskie
.
C
ONCERNING CONSIDERING FACTORS RELATED TO THE CAPABILITY TO
PARTICIPATE IN THE JUDICIAL PROCESS IN DETERMINING WHETHER TO
PLACE A PERSON INTO A PRETRIAL DIVERSION PROGRAM
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-2.5-402, amend
(3)(e), (4)(c)(III), (4)(c)(IV), and (4.5)(c); and add (1)(c)(I.5), (4)(b.5),
(4)(c)(V), and (4)(c.5) as follows:
19-2.5-402. Juvenile diversion program - authorized - report -
allocation of money - legislative declaration - definitions. (1) (c) The
goals of the diversion programs are to:
(I.5) C
ONSIDER A JUVENILE WHO DEMONSTRATES BEHAVIORS OR
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SYMPTOMS CONSISTENT WITH AN INTELLECTUAL AND DEVELOPMENTAL
DISABILITY
, A MENTAL OR BEHAVIORAL HEALTH ISSUE , OR LACK OF MENTAL
CAPACITY
, AND DIVERT THE JUVENILE OUT OF THE JUVENILE JUSTICE SYSTEM
AND INTO A COMMUNITY TREATMENT PROGRAM
;
(3) For purposes of this section:
(e) "Services" may include, but are not limited to, provision of
diagnostic needs assessment, general counseling and counseling during a
crisis situation,
BEHAVIORAL HEALTH SERVICES , SERVICES FOR JUVENILES
WITH DEVELOPMENTAL DISABILITIES
, specialized tutoring, job training and
placement, restitution programs, community service, constructive
recreational activities, day reporting and day treatment programs, and
follow-up activities.
(4) District attorneys' offices or the office's designees shall:
(b.5) C
ONSIDER THE USE OF DIVERSION TO PREVENT A JUVENILE WHO
DEMONSTRATES BEHAVIORS OR SYMPTOMS CONSISTENT WITH AN
INTELLECTUAL AND DEVELOPMENTAL DISABILITY
, A MENTAL HEALTH OR
BEHAVIORAL HEALTH ISSUE
, OR A LACK OF MENTAL CAPACITY FROM
FURTHER INVOLVEMENT IN FORMAL DELINQUENCY PROCEEDINGS
.
(c) Not deny diversion to a juvenile based on the juvenile's:
(III) Age, race or ethnicity, gender, gender identity, gender
expression, or sexual orientation; or
(IV) Legal representation; OR
(V) BEHAVIORS OR SYMPTOMS CONSISTENT WITH AN INTELLECTUAL
AND DEVELOPMENTAL DISABILITY
, A MENTAL HEALTH OR BEHAVIORAL
HEALTH ISSUE
, OR A LACK OF MENTAL CAPACITY, UNLESS THE BEHAVIORS OR
SYMPTOMS ARE SO SEVERE THAT THE JUVENILE CANNOT UNDERSTAND OR
PARTICIPATE IN DIVERSION
.
(c.5) I
N A CASE IN WHICH A JUVENILE DEMONSTRATES BEHAVIORS OR
SYMPTOMS THAT ARE SO SEVERE THAT THE JUVENILE CANNOT UNDERSTAND
OR PARTICIPATE IN DIVERSION
, CONSIDER ALL AVAILABLE ALTERNATIVES ,
INCLUDING, BUT NOT LIMITED TO, REFERRAL TO THE STATE DEPARTMENT OR
PAGE 2-SENATE BILL 24-006 A COLLABORATIVE MANAGEMENT PROGRAM IN LIEU OF ADJUDICATION IF IT
IS LIKELY THAT A JUVENILE WOULD BE FOUND INCOMPETENT AND UNLIKELY
TO BE RESTORED IN THE FORESEEABLE FUTURE
.
(4.5) Diversion programs may use the results of an approved
validated assessment tool to inform:
(c) What services, if any, may be offered to the juvenile.
Professionals involved with the juvenile's needs, treatment, and service
planning, including district attorneys, public defenders, probation,
BEHAVIORAL HEALTH TREATMENT PROVIDERS , PROVIDERS WHO OFFER
SERVICES TO JUVENILES FOR DEVELOPMENTAL DISABILITIES
, and state and
local governmental entities, such as the state department of human services
and county departments of human or social services, nongovernmental
agencies, and individuals collaborating to provide appropriate diversion
services.
SECTION 2. In Colorado Revised Statutes, 18-1.3-101, add (9)(g)
as follows:
18-1.3-101. Pretrial diversion - appropriation - repeal.
(9) Diversion agreements. (g) I
F A DEFENDANT'S COMPETENCY TO
PROCEED IS RAISED PURSUANT TO SECTION
16-8.5-102 OR A DEFENDANT IS
FOUND INCOMPETENT TO PROCEED PURSUANT TO SECTION
16-8.5-103, THE
FOLLOWING APPLY
:
(I) T
HE DEFENDANT MAY ENTER INTO A DIVERSION AGREEMENT WITH
THE CONSENT OF THE DISTRICT ATTORNEY AND THE COURT IF THE COURT
FINDS THAT THE DEFENDANT HAS THE ABILITY TO PARTICIPATE AND IS
ADVISED OF THE POTENTIAL CONSEQUENCES OF FAILURE TO COMPLY
;
(II) N
OTWITHSTANDING SUBSECTION (1)(b) OF THIS SECTION, THE
DEFENDANT
'S ENTRANCE INTO A DIVERSION AGREEMENT CONSTITUTES A
WAIVER OF THE DEFENDANT
'S RIGHT TO A SPEEDY TRIAL FOR THE PERIOD OF
DIVERSION PURSUANT TO SECTION
18-1-405 (6) REGARDLESS OF WHETHER
A WRITTEN WAIVER IS COMPLETED
; AND
(III) 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
PAGE 3-SENATE BILL 24-006 CHARGES RESUME. THE DIVERSION AGREEMENT ALONE IS NOT EVIDENCE OF
COMPETENCY
.
SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 24-006