House Bill 26-1064 Introduced

A Bill for an Act

• Page 1, Line 101Concerning modifications to the youthful offender system.

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. Current law establishes the youthful offender system (system) in the department of corrections (department) as a sentencing option that provides a continuum of services. The bill:

• Updates references to the juveniles and young adults who are eligible for or participating in the system;
• Revises certain legislative intent provisions to emphasize lasting behavioral changes in preparation for reentry, trauma-informed care, addressing criminogenic risk, accountability, healthy relationship building, and system participant and staff safety;
• Expresses the general assembly's intent that juveniles and young adults with physical, intellectual, mental, or behavioral health disabilities or conditions, receive equitable treatment in sentencing to the system and reasonable accommodations once in the system;
• Adds certain data related to system completion rates to an existing annual reporting requirement for the department;
• Adds requirements for evidence-informed rehabilitative treatment and life skills programming and for individual therapy, family therapy, or substance use disorder treatment;
• Establishes requirements for system participant evaluations, plans for addressing participants' needs and skills, and case manager duties;
• Requires the department, in consultation with relevant experts, to make and publish on its website recommendations for integrating a trauma-informed standard of care with current system practices to promote the health and safety of system participants; and
• Expands certain procedural protections for system participants with mental or behavioral health conditions or intellectual and developmental disabilities.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 16-11-102, amend

• Page 2, Line 3(1.8) as follows:

• Page 2, Line 416-11-102.  Presentence or probation investigation.

• Page 2, Line 5(1.8)  At the request of either the prosecution or the defense, each

• Page 2, Line 6presentence report prepared regarding a youthful offender juvenile or

• Page 2, Line 7young adult, as defined in section 18-1.3-407 section 18-1.3-407

• Page 2, Line 8(1.3), who is eligible for sentencing to the youthful offender system

• Page 2, Line 9pursuant to section 18-1.3-407.5, 19-2.5-801 (5), or 19-2.5-802

• Page 2, Line 10(1)(d)(I)(B) must include a determination by the warden of the youthful

• Page 3, Line 1offender system whether the youthful offender juvenile or young

• Page 3, Line 2adult is acceptable for sentencing to the youthful offender system. When

• Page 3, Line 3making a determination, the warden shall consider the nature and

• Page 3, Line 4circumstances of the crime, the circumstances and criminal history of the

• Page 3, Line 5youthful offender juvenile or young adult, the available bed space in

• Page 3, Line 6the youthful offender system, and any other appropriate considerations.

• Page 3, Line 7SECTION 2.  In Colorado Revised Statutes, 16-11-102.4, amend

• Page 3, Line 8(1) introductory portion, (1)(g) introductory portion, and (1)(g)(IV); and

• Page 3, Line 9repeal (1)(f) as follows:

• Page 3, Line 1016-11-102.4.  Genetic testing of convicted offenders.

• Page 3, Line 11(1)  Beginning July 1, 2007, Each of the following convicted

• Page 3, Line 12offenders shall must submit to and pay for collection and a chemical

• Page 3, Line 13testing of the offender's biological substance sample to determine the

• Page 3, Line 14genetic markers thereof, unless the offender has already provided a

• Page 3, Line 15biological substance sample for such the testing pursuant to a statute of

• Page 3, Line 16this state:

• Page 3, Line 17(f)  Every offender who, on or after July 1, 2007, is in the custody

• Page 3, Line 18of the youthful offender system based on a sentence imposed before that

• Page 3, Line 19date, including an offender on community supervision. The department

• Page 3, Line 20of corrections shall collect the sample at least thirty-five days prior to the

• Page 3, Line 21offender's discharge or release from custody or release to community

• Page 3, Line 22supervision.

• Page 3, Line 23(g)  Every offender sentenced on or after July 1, 2007, for a felony

• Page 3, Line 24conviction; except that this paragraph (g) shall subsection (1)(g) does

• Page 3, Line 25not apply to an offender granted a deferred judgment and sentencing as

• Page 3, Line 26authorized in section 18-1.3-102, C.R.S., unless otherwise required to

• Page 3, Line 27submit to a sample pursuant to this section, or unless the deferred

• Page 4, Line 1judgment and sentencing is revoked and a sentence is imposed. The

• Page 4, Line 2sample shall must be collected:

• Page 4, Line 3(IV)  From an offender a juvenile or young adult sentenced to

• Page 4, Line 4the youthful offender system, by the department of corrections within

• Page 4, Line 5thirty-five days after the offender juvenile or young adult is received

• Page 4, Line 6at the youthful offender system; and

• Page 4, Line 7SECTION 3.  In Colorado Revised Statutes, 17-27-105.5, amend

• Page 4, Line 8(1)(b) as follows:

• Page 4, Line 917-27-105.5.  Community parole officers - duties - arrest

• Page 4, Line 10powers - definitions.

• Page 4, Line 11(1)  For purposes of this section:

• Page 4, Line 12(b)  "Offender" means an inmate assigned to residential and

• Page 4, Line 13nonresidential community corrections programs as those programs are set

• Page 4, Line 14forth in articles 27, 27.5, and 27.7 of this title title 17 and an offender a

• Page 4, Line 15youthful offender system participant who is in phase III of the

• Page 4, Line 16youthful offender system as set forth in section 18-1.3-407. C.R.S.

• Page 4, Line 17SECTION 4.  In Colorado Revised Statutes, 18-1.3-401, amend

• Page 4, Line 18(14) as follows:

• Page 4, Line 1918-1.3-401.  Felonies classified - presumptive penalties.

• Page 4, Line 20(14)  The court may sentence a defendant to the youthful offender

• Page 4, Line 21system created in section 18-1.3-407 if the defendant is an eligible young

• Page 4, Line 22adult offender pursuant to section 18-1.3-407.5.

• Page 4, Line 23SECTION 5.  In Colorado Revised Statutes, 18-1.3-407, amend

• Page 4, Line 24(1), (2)(a), (2)(b), (3), (3.3), (3.4), (3.5), (4), (4.3), (4.5), (5), (6),

• Page 4, Line 25(11.5)(a)(I), and (12); add (15); and add with amended and relocated

• Page 4, Line 26provisions (1.3) and (1.5) as follows:

• Page 4, Line 2718-1.3-407.  Sentences - powers and duties of district court -

• Page 5, Line 1authorization for youthful offender system - system participants -

• Page 5, Line 2powers and duties of department of corrections - youthful offender

• Page 5, Line 3system study - report - legislative intent - definitions.

• Page 5, Line 4(1) (a)  It is the intent of the general assembly that the youthful

• Page 5, Line 5offender system established pursuant to this section shall benefit the state

• Page 5, Line 6by: providing as a sentencing option for certain youthful offenders a

• Page 5, Line 7controlled and regimented environment that affirms dignity of self and

• Page 5, Line 8others, promotes the value of work and self-discipline, and develops

• Page 5, Line 9useful skills and abilities through enriched programming.

• Page 5, Line 10(I)  Providing a sentencing option in a secure and

• Page 5, Line 11trauma-informed environment that affirms dignity of self and

• Page 5, Line 12others for certain juveniles and young adults who have been

• Page 5, Line 13convicted of a crime;

• Page 5, Line 14(II)  Increasing public safety by providing

• Page 5, Line 15evidence-informed rehabilitative treatment to help juveniles

• Page 5, Line 16and young adults in the youthful offender system's care make

• Page 5, Line 17lasting behavioral changes to prepare themselves for a

• Page 5, Line 18successful transition back to the community;

• Page 5, Line 19(III)  Promoting the physical safety of juveniles, young

• Page 5, Line 20adults, and staff within the youthful offender system;

• Page 5, Line 21(IV)  Promoting a seamless continuum of care from the

• Page 5, Line 22time of incarceration to release from confinement, in which

• Page 5, Line 23system participants' needs are met in a safe, structured

• Page 5, Line 24environment with well-trained, caring staff who help system

• Page 5, Line 25participants identify and address criminogenic risk factors, be

• Page 5, Line 26accountable, and accept responsibility for the participants'

• Page 5, Line 27actions;

• Page 6, Line 1(V)  Enabling participants to develop healthy, supportive

• Page 6, Line 2relationships with peers, adults, family, and neighborhood and

• Page 6, Line 3community members; and

• Page 6, Line 4(VI)  Providing participants with the tools necessary to

• Page 6, Line 5become law-abiding, contributing members of the community

• Page 6, Line 6upon release.

• Page 6, Line 7(b) (I)  It is the further intent of the general assembly in enacting

• Page 6, Line 8this section that female and male offenders all juveniles and young

• Page 6, Line 9adults who are eligible for sentencing to the youthful offender system

• Page 6, Line 10pursuant to section 18-1.3-407.5, or section 19-2.5-801 (5), or 19-2.5-802

• Page 6, Line 11(1)(d)(I)(B) receive equitable treatment, regardless of gender, in

• Page 6, Line 12sentencing, particularly in regard to the option of being sentenced to the

• Page 6, Line 13youthful offender system. Accordingly, it is the general assembly's intent

• Page 6, Line 14that the department of corrections take necessary measures to establish

• Page 6, Line 15separate housing for female and male offenders juveniles and young

• Page 6, Line 16adults who are sentenced to the youthful offender system without

• Page 6, Line 17compromising the equitable treatment. of either.

• Page 6, Line 18(II)  It is the intent of the general assembly that juveniles

• Page 6, Line 19and young adults with physical, intellectual, developmental,

• Page 6, Line 20mental, or behavioral health disabilities or conditions who are

• Page 6, Line 21eligible for sentencing to the youthful offender system

• Page 6, Line 22pursuant to section 18-1.3-407.5, 19-2.5-801 (5), or 19-2.5-802

• Page 6, Line 23(1)(d)(I)(B) receive equitable treatment in sentencing,

• Page 6, Line 24particularly in regard to the option of being sentenced to the

• Page 6, Line 25youthful offender system. Accordingly, it is the general

• Page 6, Line 26assembly's intent that the department take all reasonable

• Page 6, Line 27measures to accommodate juveniles and young adults with

• Page 7, Line 1physical, intellectual, developmental, mental, or behavioral

• Page 7, Line 2health disabilities or conditions who are sentenced to the

• Page 7, Line 3youthful offender system.

• Page 7, Line 4(III)  It is the intent of the general assembly that juveniles

• Page 7, Line 5and young adults sentenced to the youthful offender system be

• Page 7, Line 6sentenced as adults and be subject to all laws and department

• Page 7, Line 7rules, regulations, and standards pertaining to adult inmates,

• Page 7, Line 8except as otherwise provided in this section.

• Page 7, Line 9(c) (I)   It is the intent of the general assembly that offenders

• Page 7, Line 10participants sentenced to the youthful offender system be housed and

• Page 7, Line 11serve their sentences in a facility specifically designed and programmed

• Page 7, Line 12for the youthful offender system and that offenders participants so

• Page 7, Line 13sentenced be housed separate separately from and not brought into

• Page 7, Line 14daily physical contact with inmates twenty-five years of age or older who

• Page 7, Line 15are sentenced to the department of corrections and who have not been

• Page 7, Line 16sentenced to the youthful offender system, except as specifically provided

• Page 7, Line 17under pursuant to subsection (5) of this section.

• Page 7, Line 18(II)  For the purposes of public safety, academic achievement,

• Page 7, Line 19rehabilitation, the development of pro-social behavior, or reentry planning

• Page 7, Line 20for youthful offenders, the executive director or his or her designee may

• Page 7, Line 21transfer any offender age twenty-four years or younger and sentenced to

• Page 7, Line 22the department of corrections into and out of the youthful offender system

• Page 7, Line 23at his or her discretion.

• Page 7, Line 24(III)  The facility that houses offenders sentenced to the youthful

• Page 7, Line 25offender system shall be limited to two hundred fifty-six beds.

• Page 7, Line 26(IV) (A)  The department of corrections shall develop policies and

• Page 7, Line 27procedures for decision-making regarding the transfer of any offender not

• Page 8, Line 1sentenced to the youthful offender system into the youthful offender

• Page 8, Line 2system in order to ensure that the goals of the youthful offender system,

• Page 8, Line 3as described in this section; the operations of the rehabilitative program

• Page 8, Line 4within the youthful offender system; and the delivery of services to those

• Page 8, Line 5offenders directly sentenced to the youthful offender system are not

• Page 8, Line 6compromised in any way by the comingled population.

• Page 8, Line 7(B)  The department of corrections shall include in its annual

• Page 8, Line 8report to the judiciary committees of the house of representatives and

• Page 8, Line 9senate, or to any successor committees, pursuant to section 2-7-203,

• Page 8, Line 10C.R.S., and in any annual youthful offender system report produced by

• Page 8, Line 11the department, information regarding the policies and procedures

• Page 8, Line 12developed by the department pursuant to sub-subparagraph (A) of this

• Page 8, Line 13subparagraph (IV), the characteristics of the population of youthful

• Page 8, Line 14offenders transferred pursuant to this paragraph (c), and the impact, if

• Page 8, Line 15any, of transferred inmates on any youthful offender system programming

• Page 8, Line 16or department of corrections programming.

• Page 8, Line 17(C)  Notwithstanding any provisions of this section to the contrary,

• Page 8, Line 18the department of corrections shall not initiate any transfers of inmates to

• Page 8, Line 19the youthful offender system until the department has developed the

• Page 8, Line 20policies and procedures described in sub-subparagraph (A) of this

• Page 8, Line 21subparagraph (IV).

• Page 8, Line 22(d)  It is the intent of the general assembly that offenders sentenced

• Page 8, Line 23to the youthful offender system be sentenced as adults and be subject to

• Page 8, Line 24all laws and department of corrections rules, regulations, and standards

• Page 8, Line 25pertaining to adult inmates, except as otherwise provided in this section.

• Page 8, Line 26(1.3) (a)  [Formerly 18-1.3-407 (2)(a)(III) introductory portion]

• Page 8, Line 27For the purposes of this section, unless the context otherwise requires:

• Page 9, Line 1(I)  "Department" means the department of corrections.

• Page 9, Line 2(II)  "Executive director" means the executive director of

• Page 9, Line 3the department of corrections.

• Page 9, Line 4(III) [Formerly 18-1.3-407 (2)(a)(III)(A)] "Juvenile" means a

• Page 9, Line 5person who is under eighteen years of age when the crime is committed

• Page 9, Line 6and under twenty-one years of age at the time of sentencing pursuant to

• Page 9, Line 7this section.

• Page 9, Line 8(IV)  "System participant" or "participant" means a juvenile

• Page 9, Line 9or a young adult who has been sentenced to the youthful

• Page 9, Line 10offender system.

• Page 9, Line 11(V)  "Trauma-informed" means an approach that involves

• Page 9, Line 12an understanding of adverse childhood experiences and that

• Page 9, Line 13responds to symptoms of chronic interpersonal trauma and

• Page 9, Line 14traumatic stress across the lifespan of an individual.

• Page 9, Line 15(VI) [Formerly 18-1.3-407 (2)(a)(III)(B)] "Young adult"

• Page 9, Line 16offender" means a person who is at least eighteen years of age but under

• Page 9, Line 17twenty years of age when the crime is committed and under twenty-one

• Page 9, Line 18years of age at the time of sentencing pursuant to this section.

• Page 9, Line 19(b) [Formerly 18-1.3-407 (2)(a)(IV)] As used in this section,

• Page 9, Line 20"community supervision" shall not be construed to does not mean a

• Page 9, Line 21community corrections program, as defined in section 17-27-102. C.R.S.

• Page 9, Line 22(1.5) (a) (I) [Formerly 18-1.3-407 (1)(c)(II)] For the purposes of

• Page 9, Line 23public safety, academic achievement, rehabilitation, the development of

• Page 9, Line 24prosocial behavior, or reentry planning for youthful offenders juveniles

• Page 9, Line 25and young adults, the executive director or his or her the executive

• Page 9, Line 26director's designee may transfer any offender age exercise discretion

• Page 9, Line 27in the transfer of a juvenile or young adult twenty-four years of

• Page 10, Line 1age or younger and sentenced to the department of corrections into and

• Page 10, Line 2out of the youthful offender system. at his or her discretion.

• Page 10, Line 3(II) [Formerly 18-1.3-407 (1)(c)(IV)(A)] The department of

• Page 10, Line 4corrections shall develop policies and procedures for decision-making

• Page 10, Line 5regarding the transfer of any offender a juvenile or young adult who

• Page 10, Line 6is not sentenced to the youthful offender system into the youthful

• Page 10, Line 7offender system in order to ensure that the goals of the youthful offender

• Page 10, Line 8system, as described in this section; the operations of the rehabilitative

• Page 10, Line 9program within the youthful offender system; and the delivery of services

• Page 10, Line 10to those offenders juveniles and young adults directly sentenced to

• Page 10, Line 11the youthful offender system are not compromised in any way by the

• Page 10, Line 12comingled commingled population.

• Page 10, Line 13(III) [Formerly 18-1.3-407 (1)(c)(IV)(C)] Notwithstanding any

• Page 10, Line 14provisions of this section to the contrary, the department of corrections

• Page 10, Line 15shall not initiate any transfers of inmates juveniles or young adults

• Page 10, Line 16to the youthful offender system until the department has developed the

• Page 10, Line 17policies and procedures described in sub-subparagraph (A) of this

• Page 10, Line 18subparagraph (IV) subsection (1.5)(a)(II) of this section.

• Page 10, Line 19(b) [Formerly 18-1.3-407 (1)(c)(III)] The facility that houses

• Page 10, Line 20offenders participants sentenced to the youthful offender system shall

• Page 10, Line 21be is limited to two hundred fifty-six beds.

• Page 10, Line 22(c) [Formerly 18-1.3-407 (1)(c)(IV)(B)] The department of

• Page 10, Line 23corrections shall include in its annual report to the judiciary committees

• Page 10, Line 24of the house of representatives and senate, or to any successor

• Page 10, Line 25committees, pursuant to section 2-7-203, C.R.S., and in any annual

• Page 10, Line 26youthful offender system report produced by the department, information

• Page 10, Line 27regarding the policies and procedures developed by the department

• Page 11, Line 1pursuant to sub-subparagraph (A) of this subparagraph (IV) subsection

• Page 11, Line 2(1.5)(a)(II) of this section, the characteristics of the population of

• Page 11, Line 3youthful offenders juveniles and young adults transferred pursuant

• Page 11, Line 4to this paragraph (c) subsection (1.5), and the impact, if any, of

• Page 11, Line 5transferred inmates on any youthful offender system programming or

• Page 11, Line 6department of corrections programming. Beginning in January 2027,

• Page 11, Line 7and in January every year thereafter, the department shall

• Page 11, Line 8include, as part of its presentation during its "SMART Act"

• Page 11, Line 9hearing required by section 2-7-203, information concerning how

• Page 11, Line 10many juveniles and young adults completed a commitment to the

• Page 11, Line 11division of youth services prior to a commitment to the youthful

• Page 11, Line 12offender system, how many juveniles and young adults

• Page 11, Line 13successfully complete their sentence to the youthful offender

• Page 11, Line 14system, and how many juveniles and young adults fail to

• Page 11, Line 15complete a sentence to the youthful offender system program

• Page 11, Line 16due to the filing of new criminal charges.

• Page 11, Line 17(2) (a) (I)  A juvenile may be sentenced to the youthful offender

• Page 11, Line 18system created pursuant to this section under the circumstances set forth

• Page 11, Line 19in section 19-2.5-801 (5)(a)(II) or 19-2.5-802 (1)(d)(I)(B). A young adult

• Page 11, Line 20offender may be sentenced to the youthful offender system created

• Page 11, Line 21pursuant to this section under the circumstances set forth in section

• Page 11, Line 2218-1.3-407.5. In order to sentence a juvenile or young adult offender to

• Page 11, Line 23the youthful offender system, the court shall first impose upon such

• Page 11, Line 24person the juvenile or young adult a sentence to the department of

• Page 11, Line 25corrections in accordance with section 18-1.3-401. The court shall

• Page 11, Line 26thereafter suspend such the sentence conditioned on completion of a

• Page 11, Line 27sentence to the youthful offender system, including a period of

• Page 12, Line 1community supervision. The court shall impose any such a sentence to

• Page 12, Line 2the youthful offender system for a determinate period of not fewer than

• Page 12, Line 3two years nor more than six years; except that a juvenile or young adult

• Page 12, Line 4offender convicted of a class 2 felony may be sentenced for a determinate

• Page 12, Line 5period of up to seven years. In imposing the sentence, the court shall grant

• Page 12, Line 6authority to the department of corrections to place the offender juvenile

• Page 12, Line 7or young adult under a period of community supervision for a period

• Page 12, Line 8of not fewer than six months and up to twelve months any time after the

• Page 12, Line 9date on which the offender juvenile or young adult has twelve months

• Page 12, Line 10remaining to complete the determinate sentence. The court may award an

• Page 12, Line 11offender a juvenile or young adult sentenced to the youthful offender

• Page 12, Line 12system credit for presentence confinement; except that such credit shall

• Page 12, Line 13does not reduce the offender's juvenile's or young adult's actual time

• Page 12, Line 14served in the youthful offender system to fewer than two years. The court

• Page 12, Line 15shall have order a presentence investigation conducted before

• Page 12, Line 16sentencing a juvenile or young adult offender pursuant to this section.

• Page 12, Line 17Upon the request of either the prosecution or the defense, the presentence

• Page 12, Line 18report must include a determination by the warden of the youthful

• Page 12, Line 19offender system whether the offender juvenile or young adult is

• Page 12, Line 20acceptable for sentencing to the youthful offender system. When making

• Page 12, Line 21a determination, the warden shall consider the nature and circumstances

• Page 12, Line 22of the crime; the age, circumstances, risk factors and protective

• Page 12, Line 23factors, treatment needs, and criminal history of the offender

• Page 12, Line 24juvenile or young adult; the available bed space in the youthful

• Page 12, Line 25offender system; and any other appropriate considerations.

• Page 12, Line 26(II)  Upon the successful completion of the determinate sentence

• Page 12, Line 27to the youthful offender system, including the mandatory period of

• Page 13, Line 1community supervision, the suspended sentence pursuant to section

• Page 13, Line 218-1.3-401 shall have been is completed. Whenever an offender a

• Page 13, Line 3juvenile or young adult is returned to the district court for revocation

• Page 13, Line 4pursuant to subsection (5) of this section, the court shall impose the

• Page 13, Line 5original sentence following the revocation of the sentence to the youthful

• Page 13, Line 6offender system, except as otherwise provided in paragraph (b) of

• Page 13, Line 7subsection (5) subsection (5)(b) of this section.

• Page 13, Line 8(III)  For the purposes of this section, unless the context otherwise

• Page 13, Line 9requires:

• Page 13, Line 10(A)  "Juvenile" means a person who is under eighteen years of age

• Page 13, Line 11when the crime is committed and under twenty-one years of age at the

• Page 13, Line 12time of sentencing pursuant to this section.

• Page 13, Line 13(B)  "Young adult offender" means a person who is at least

• Page 13, Line 14eighteen years of age but under twenty years of age when the crime is

• Page 13, Line 15committed and under twenty-one years of age at the time of sentencing

• Page 13, Line 16pursuant to this section.

• Page 13, Line 17(C)  "Youthful offender" or "offender" means a juvenile or a young

• Page 13, Line 18adult offender who has been sentenced to the youthful offender system or

• Page 13, Line 19who is eligible for sentencing to the youthful offender system.

• Page 13, Line 20(IV)  As used in this section, "community supervision" shall not be

• Page 13, Line 21construed to mean a community corrections program, as defined in

• Page 13, Line 22section 17-27-102. C.R.S.

• Page 13, Line 23(b)  Article 22.5 of title 17, concerning time credits, applies to any

• Page 13, Line 24person sentenced to the youthful offender system; except that an offender

• Page 13, Line 25a system participant whose sentence to the youthful offender system

• Page 13, Line 26is revoked pursuant to subsection (5) of this section may receive one day

• Page 13, Line 27of credit against the suspended sentence imposed by the court following

• Page 14, Line 1revocation of the sentence to the youthful offender system for each day

• Page 14, Line 2the offender participant served in the youthful offender system,

• Page 14, Line 3excluding any period of time during which the offender was under

• Page 14, Line 4community supervision but including credit for presentence confinement

• Page 14, Line 5authorized pursuant to section 18-1.3-405.

• Page 14, Line 6(3)  The department of corrections shall develop and implement a

• Page 14, Line 7youthful offender system for offenders juveniles and young adults

• Page 14, Line 8sentenced in accordance with subsection (2) of this section. The youthful

• Page 14, Line 9offender system shall be is under the direction and control of the

• Page 14, Line 10executive director. of the department of corrections. The youthful

• Page 14, Line 11offender system shall be is based on the following principles:

• Page 14, Line 12(a)  The system should provide for teaching offenders must teach

• Page 14, Line 13participants self-discipline by providing clear appropriate

• Page 14, Line 14consequences for designated inappropriate behavior, which may

• Page 14, Line 15include intermediate sanctions imposed by the department;

• Page 14, Line 16(a.5)  The system must provide evidence-informed

• Page 14, Line 17rehabilitative treatment, as indicated through assessment, to

• Page 14, Line 18help participants make lasting behavioral changes to prepare

• Page 14, Line 19themselves for successful transition back into the community;

• Page 14, Line 20(b)  The system should must include a daily regimen that involves

• Page 14, Line 21offenders in physical training participants in activities designed to

• Page 14, Line 22meet their individual needs, which may include therapy, family

• Page 14, Line 23therapy, or substance use disorder treatment; self-discipline

• Page 14, Line 24exercises; educational and work programs; and meaningful interaction,

• Page 14, Line 25with a component for a tiered system for swift and strict discipline for

• Page 14, Line 26noncompliance positive skill development, including life skills

• Page 14, Line 27programming;

• Page 15, Line 1(c)  The system should must use staff models and mentors to

• Page 15, Line 2promote within an offender a participant the development of socially

• Page 15, Line 3accepted attitudes and behaviors;

• Page 15, Line 4(d)  The system should must provide offenders participants with

• Page 15, Line 5instruction on problem-solving skills and should incorporate methods to

• Page 15, Line 6reinforce the use of cognitive behavior strategies that change offenders'

• Page 15, Line 7participants' orientation toward criminal thinking and behavior;

• Page 15, Line 8(e)  The system should must promote among offenders

• Page 15, Line 9participants the creation and development of new group cultures which

• Page 15, Line 10that result in a transition to prosocial behavior; and

• Page 15, Line 11(f)  The system should must provide offenders participants the

• Page 15, Line 12opportunity to gradually reenter the community. while demonstrating the

• Page 15, Line 13capacity for self-discipline and the attainment of respect for the

• Page 15, Line 14community.

• Page 15, Line 15(3.3)  The youthful offender system consists of the following

• Page 15, Line 16components, and the department of corrections has the authority

• Page 15, Line 17described in this subsection (3.3) in connection with the administration

• Page 15, Line 18of to administer the components:

• Page 15, Line 19(a)  An intake, diagnostic, and orientation phase. During the

• Page 15, Line 20intake, diagnostic, and orientation phase, the department shall

• Page 15, Line 21facilitate an evaluation process that includes an evaluation of

• Page 15, Line 22each participant for criminogenic risks or needs and an

• Page 15, Line 23evaluation of possible physical, intellectual, developmental,

• Page 15, Line 24and mental and behavioral health needs. Evaluators must be

• Page 15, Line 25trained to conduct assessments of juveniles and young adults

• Page 15, Line 26and to identify needs and targeted goals for treatment. The

• Page 15, Line 27evaluator shall complete a written report documenting

• Page 16, Line 1recommendations. After receiving the evaluator's written

• Page 16, Line 2report, the department shall create a plan that must address

• Page 16, Line 3criminogenic risk or needs, therapeutic needs, education,

• Page 16, Line 4vocational skills, life skills, and reentry into the community.

• Page 16, Line 5The plan must be consistent with a participant's individualized

• Page 16, Line 6education program developed pursuant to section 22-20-108 or

• Page 16, Line 7plan developed pursuant to section 504 of the federal

• Page 16, Line 8"Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., if such a

• Page 16, Line 9plan exists. The department shall assign a case manager to the

• Page 16, Line 10participant. The case manager shall meet monthly with the

• Page 16, Line 11participant, ensure that the participant receives the treatment

• Page 16, Line 12or services necessary to implement the participant's plan, and

• Page 16, Line 13record the participant's progress throughout the youthful

• Page 16, Line 14offender system program.

• Page 16, Line 15(b)  Phase I, during which time a range of core programs,

• Page 16, Line 16supplementary activities, and educational and prevocational programs and

• Page 16, Line 17services are provided to offenders each participant. A participant's

• Page 16, Line 18plan must be reviewed with the participant and a

• Page 16, Line 19multidisciplinary team on a monthly basis. If the department

• Page 16, Line 20determines that modifications to the plan for treatment or

• Page 16, Line 21services are necessary for the participant's successful

• Page 16, Line 22rehabilitation, then the department shall modify the

• Page 16, Line 23participant's plan accordingly.

• Page 16, Line 24(c) (I)  Phase II, which may be administered during the last three

• Page 16, Line 25to six months of the period of institutional confinement and during which

• Page 16, Line 26time the department of corrections is authorized to transfer an offender a

• Page 16, Line 27participant to a twenty-four-hour custody residential program that

• Page 17, Line 1serves youthful offenders participants.

• Page 17, Line 2(II)  In connection with the component described in subparagraph

• Page 17, Line 3(I) of this paragraph (c) subsection (3.3)(c)(I) of this section, the

• Page 17, Line 4department of corrections is authorized to operate or to contract with a

• Page 17, Line 5prerelease residential program for those sentenced as youthful offenders

• Page 17, Line 6participants. The department of corrections or the contract provider

• Page 17, Line 7shall provide for twenty-four-hour custody of offenders a participant

• Page 17, Line 8in phase II.

• Page 17, Line 9(d) (I)  Phase III, which is to be administered for the period of

• Page 17, Line 10community supervision that remains after the completion of phase II and

• Page 17, Line 11during which the offender participant is monitored during reintegration

• Page 17, Line 12into society.

• Page 17, Line 13(II)  After the department determines appropriate phase III

• Page 17, Line 14placement, the department shall notify, no later than thirty days prior to

• Page 17, Line 15placement, the local law enforcement agency for the jurisdiction in which

• Page 17, Line 16the offender shall be participant is being placed for phase III. The

• Page 17, Line 17notice shall must include the offender's participant's name, the crime

• Page 17, Line 18committed by the offender, the disposition of the offender's case crime

• Page 17, Line 19committed, case disposition, and the basis for the placement. If the

• Page 17, Line 20placement is in a jurisdiction other than the jurisdiction where

• Page 17, Line 21the participant was convicted, the local law enforcement agency may

• Page 17, Line 22appeal the placement if the placement is in a jurisdiction other than the

• Page 17, Line 23jurisdiction where the offender was convicted, it may appeal to the

• Page 17, Line 24executive director of the department at least fifteen days prior to the

• Page 17, Line 25placement; except that the local law enforcement agency may not appeal

• Page 17, Line 26if the placement is in the jurisdiction where the offender participant was

• Page 17, Line 27residing at the time the offense was committed. If there is an appeal, after

• Page 18, Line 1considering the department's basis for placement and the local law

• Page 18, Line 2enforcement's basis for appeal, the executive director shall make the final

• Page 18, Line 3determination of the placement.

• Page 18, Line 4(3.4)  In addition to the powers granted to the department of

• Page 18, Line 5corrections in subsection (3.3) of this section, the department of

• Page 18, Line 6corrections may:

• Page 18, Line 7(a)  Transfer a youthful offender system participant to an

• Page 18, Line 8appropriate facility for the purpose of accomplishing the offender's

• Page 18, Line 9redirection to further the participant's identified treatment,

• Page 18, Line 10rehabilitation, or reentry goals, as long as the transfer does not

• Page 18, Line 11jeopardize the safety and welfare of the offender the participant or

• Page 18, Line 12isolate the participant because of the participant's disability

• Page 18, Line 13needs;

• Page 18, Line 14(b)  Operate an emancipation program and provide other

• Page 18, Line 15additional support or monitoring services and residential placement for

• Page 18, Line 16offenders participating a participant in phase II and phase III under the

• Page 18, Line 17youthful offender system for whom family reintegration poses difficulties.

• Page 18, Line 18The department of corrections shall provide reintegration support services

• Page 18, Line 19to an offender placed in an emancipation house at a level and of a

• Page 18, Line 20type consistent with the participant's needs.

• Page 18, Line 21(c)  Contract with any public or private entity, including, but not

• Page 18, Line 22limited to, a school district, for provision or certification of educational

• Page 18, Line 23services Offenders including, but not limited to, a general

• Page 18, Line 24educational development program or a high school diploma

• Page 18, Line 25pathway. The department or the contracted entity shall

• Page 18, Line 26determine the number and type of educational credits a

• Page 18, Line 27participant had earned prior to entering the youthful offender

• Page 19, Line 1system. A participant receiving educational services or diplomas from

• Page 19, Line 2a school district under an agreement entered into pursuant to this

• Page 19, Line 3paragraph (c) shall not be subsection (3.4)(c) is not included in

• Page 19, Line 4computing the school district's student performance on statewide

• Page 19, Line 5assessments pursuant to section 22-7-1006.3, C.R.S., or the school

• Page 19, Line 6district's levels of attainment of the performance indicators pursuant to

• Page 19, Line 7article 11 of title 22. C.R.S.

• Page 19, Line 8(3.5) (a)  The executive director of the department of corrections

• Page 19, Line 9or the executive director's designee has final approval on the hiring and

• Page 19, Line 10transferring of staff for the youthful offender system. In staffing the

• Page 19, Line 11youthful offender system, the executive director or the executive

• Page 19, Line 12director's designee shall select persons who are trained in the treatment

• Page 19, Line 13of youthful offenders possess knowledge, experience, and a passion

• Page 19, Line 14for the treatment of juveniles and young adults or will be trained

• Page 19, Line 15in the treatment of youthful offenders juveniles and young adults; are

• Page 19, Line 16trained to act as role models and mentors pursuant to subsection (3)(c) of

• Page 19, Line 17this section; and are best equipped to enable the youthful offender system

• Page 19, Line 18to meet the principles specified in subsection (3) of this section. All staff

• Page 19, Line 19members must be trained in the treatment of youthful offenders

• Page 19, Line 20juveniles and young adults within forty-five days after their first day

• Page 19, Line 21at the youthful offender system. Prior to receiving this training, a staff

• Page 19, Line 22member shall not work directly with juveniles and must be supervised by

• Page 19, Line 23a trained staff member when working with any young adult offenders at

• Page 19, Line 24a participant in the youthful offender system. The executive director or

• Page 19, Line 25the executive director's designee shall make a recommendation to the

• Page 19, Line 26department of personnel regarding the classification of positions with the

• Page 19, Line 27youthful offender system, taking into account the level of education and

• Page 20, Line 1training required for such the positions.

• Page 20, Line 2(b)  To support youthful offender system behavioral

• Page 20, Line 3health staffing, the director of clinical services at the

• Page 20, Line 4department may, with the final approval of the executive

• Page 20, Line 5director or the executive director's designee, hire unlicensed

• Page 20, Line 6behavioral health professionals or paraprofessionals to

• Page 20, Line 7supplement, as appropriate, the work of licensed behavioral

• Page 20, Line 8health providers authorized to provide supervision within the

• Page 20, Line 9licensed behavioral health providers' scope of practice.

• Page 20, Line 10(4)  The youthful offender system shall must provide for

• Page 20, Line 11community supervision which shall consist that consists of highly

• Page 20, Line 12structured surveillance and monitoring and supervision, educational

• Page 20, Line 13programs, and evidence-informed treatment programs that are

• Page 20, Line 14individually tailored to meet the system participants' needs and

• Page 20, Line 15goals. Community supervision shall must be administered by the

• Page 20, Line 16department, of corrections, and revocation of the inmate's supervision

• Page 20, Line 17status shall be a participant's supervision status is subject to the

• Page 20, Line 18provisions of subsections (2) and (5) of this section.

• Page 20, Line 19(4.3)  The youthful offender system shall must provide sex

• Page 20, Line 20offender treatment services for an offender a participant who is

• Page 20, Line 21sentenced to the youthful offender system and who has a history of

• Page 20, Line 22committing a sex offense, as defined in section 16-11.7-102 (3), C.R.S.,

• Page 20, Line 23or who has a history of committing any other offense, the underlying

• Page 20, Line 24factual basis of which includes a sex offense. Prior to July 1, 2002, the

• Page 20, Line 25sex offender treatment services provided pursuant to this subsection (4.3)

• Page 20, Line 26shall comply with any existing national standards for juvenile sex

• Page 20, Line 27offender treatment. On and after July 1, 2002, The sex offender treatment

• Page 21, Line 1services provided pursuant to this subsection (4.3) shall must comply

• Page 21, Line 2with the sex offender treatment standards adopted by the sex offender

• Page 21, Line 3management board pursuant to section 16-11.7-103. C.R.S.

• Page 21, Line 4(4.5)  The consent of the parent, parents, or legal guardian of an

• Page 21, Line 5offender under the age of eighteen years a juvenile participant who

• Page 21, Line 6has been sentenced to the youthful offender system pursuant to this

• Page 21, Line 7section is not necessary in order to authorize hospital, medical, mental

• Page 21, Line 8health, substance use, dental, emergency health, or emergency surgical

• Page 21, Line 9care. In addition, neither the department nor any hospital, physician,

• Page 21, Line 10surgeon, mental or behavioral health-care provider, dentist, trained

• Page 21, Line 11emergency health-care provider, or agent or employee thereof who, in

• Page 21, Line 12good faith, relies on such a minor offender's a juvenile participant's

• Page 21, Line 13consent is liable for civil damages for failure to secure the consent of such

• Page 21, Line 14an offender's the participant's parent, parents, or legal guardian prior

• Page 21, Line 15to rendering such the care. The parent, parents, or legal guardian of a

• Page 21, Line 16minor offender juvenile participant described in this subsection (4.5)

• Page 21, Line 17is not liable to pay the charges for the care provided the minor on said

• Page 21, Line 18minor's participant based on the participant's consent.

• Page 21, Line 19(5) (a)  Except as otherwise provided by paragraph (b) of this

• Page 21, Line 20subsection (5) subsection (5)(b) of this section, the department of

• Page 21, Line 21corrections shall implement a procedure for the transfer of an offender a

• Page 21, Line 22system participant to another facility when an offender in the system

• Page 21, Line 23the system participant poses a danger to himself or herself themself

• Page 21, Line 24or others. The executive director of the department of corrections shall

• Page 21, Line 25review any transfer determination by the department prior to the actual

• Page 21, Line 26transfer of an inmate a participant, including a transfer back to the

• Page 21, Line 27district court for revocation of the sentence to the youthful offender

• Page 22, Line 1system. A transfer pursuant to this paragraph (a) shall be subsection

• Page 22, Line 2(5)(a) is limited to a period not to exceed sixty days, at which time the

• Page 22, Line 3offender participant shall be returned to the youthful offender facility

• Page 22, Line 4to complete his or her the sentence or returned to the district court for

• Page 22, Line 5revocation of the sentence to the youthful offender system. In no case

• Page 22, Line 6shall an offender a participant initially sentenced to the youthful

• Page 22, Line 7offender system be held in isolation or segregation or in an adult facility

• Page 22, Line 8for longer than sixty consecutive days without action by the sentencing

• Page 22, Line 9court.

• Page 22, Line 10(b) (I)  An offender A participant who is thought determined

• Page 22, Line 11by a mental health clinician to have a behavioral or mental health

• Page 22, Line 12disorder condition or an intellectual and developmental disability, by a

• Page 22, Line 13mental health clinician, as defined by regulation of the department, of

• Page 22, Line 14corrections, may be transferred to another facility for a period not to

• Page 22, Line 15exceed sixty days for diagnostic validation of said disorder the

• Page 22, Line 16condition or disability. At the conclusion of the sixty-day period, the

• Page 22, Line 17psychiatrists or other appropriate professionals conducting making the

• Page 22, Line 18diagnosis shall forward to the executive director of the department of

• Page 22, Line 19corrections their findings, which at a minimum must include a statement

• Page 22, Line 20of whether the offender has the ability to withstand the rigors of

• Page 22, Line 21including information about how the participant's condition or

• Page 22, Line 22disability can be accommodated in the youthful offender system. If

• Page 22, Line 23the diagnosis determines that the offender participant is incapable of

• Page 22, Line 24completing his or her the sentence to the youthful offender system due

• Page 22, Line 25to a behavioral or mental health disorder condition or an intellectual and

• Page 22, Line 26developmental disability, the executive director shall forward such the

• Page 22, Line 27determination to the sentencing court. Based on the determination, the

• Page 23, Line 1sentencing court shall review the offender's participant's sentence to the

• Page 23, Line 2youthful offender system and may

• Page 23, Line 3(A)  Impose the offender's original sentence to the department of

• Page 23, Line 4corrections; or

• Page 23, Line 5(B)   reconsider and reduce the offender's participant's sentence

• Page 23, Line 6to the department of corrections in consideration of the offender's

• Page 23, Line 7behavioral or mental health disorder condition or intellectual and

• Page 23, Line 8developmental disability.

• Page 23, Line 9(II)  An offender A juvenile or young adult who is resentenced

• Page 23, Line 10pursuant to this subsection (5)(b) shall continue to be treated as an adult

• Page 23, Line 11for purposes of sentencing and shall not be sentenced pursuant to article

• Page 23, Line 122.5 of title 19.

• Page 23, Line 13(III)  In no event shall the sentencing court, after reviewing the

• Page 23, Line 14offender's juvenile's or young adult's sentence to the youthful

• Page 23, Line 15offender system pursuant to this subsection (5)(b), increase the offender's

• Page 23, Line 16sentence to the department of corrections due to the offender's diagnosis

• Page 23, Line 17of a behavioral or mental health disorder condition or determination of

• Page 23, Line 18an intellectual and developmental disability.

• Page 23, Line 19(IV)  Any offender A participant who is diagnosed as having a

• Page 23, Line 20behavioral or mental health disorder condition or determined to have an

• Page 23, Line 21intellectual and developmental disability and is therefore incapable of

• Page 23, Line 22completing his or her their sentence to the youthful offender system may

• Page 23, Line 23be housed in any department of corrections facility deemed appropriate

• Page 23, Line 24by the executive director or transferred in accordance with procedures set

• Page 23, Line 25forth in section 17-23-101 pending action by the sentencing court with

• Page 23, Line 26regard to the offender's sentence.

• Page 23, Line 27(c)  The department of corrections shall implement a procedure for

• Page 24, Line 1a returning offenders juvenile or young adult who cannot

• Page 24, Line 2successfully complete the sentence to the youthful offender system, or

• Page 24, Line 3who fail fails to comply with the terms or conditions of the youthful

• Page 24, Line 4offender system, to the district court. An offender A juvenile or young

• Page 24, Line 5adult returned to the district court pursuant to subsection (5)(a) of this

• Page 24, Line 6section or because he or she the juvenile or young adult cannot

• Page 24, Line 7successfully complete the sentence to the youthful offender system for

• Page 24, Line 8reasons other than a behavioral or mental health disorder condition or

• Page 24, Line 9an intellectual and developmental disability, or because he or she the

• Page 24, Line 10juvenile or young adult fails to comply with the terms or conditions

• Page 24, Line 11of the youthful offender system, shall must receive imposition of the

• Page 24, Line 12original sentence to the department. of corrections. A district court

• Page 24, Line 13must first make a determination that the failure to comply with

• Page 24, Line 14the terms or conditions of the youthful offender system did not

• Page 24, Line 15result from a mental or behavioral health condition or an

• Page 24, Line 16intellectual and developmental disability or the department's

• Page 24, Line 17failure to provide reasonable accommodations for a mental or

• Page 24, Line 18behavioral health condition or an intellectual and

• Page 24, Line 19developmental disability. After the executive director of the

• Page 24, Line 20department upholds the department's transfer decision, the offender

• Page 24, Line 21participant may be held in any correctional facility deemed appropriate

• Page 24, Line 22by the executive director; except that an offender a participant who

• Page 24, Line 23cannot successfully complete the sentence to the youthful offender system

• Page 24, Line 24for reasons other than a behavioral or mental health disorder condition

• Page 24, Line 25or an intellectual and developmental disability, or because he or she fails

• Page 24, Line 26of a failure to comply with the terms or conditions of the youthful

• Page 24, Line 27offender system, shall be transferred, within thirty-five days after the

• Page 25, Line 1executive director upholds the department's decision, to a county jail for

• Page 25, Line 2holding prior to resentencing. The department shall notify the district

• Page 25, Line 3attorney of record, and the district attorney of record shall be is

• Page 25, Line 4responsible for seeking the revocation or review of the offender's

• Page 25, Line 5participant's sentence and the imposition of the original sentence or

• Page 25, Line 6modification of the original sentence pursuant to subsection (5)(b)(I)(B)

• Page 25, Line 7subsection (5)(b)(I) of this section. The district court shall review the

• Page 25, Line 8offender's participant's sentence within one hundred twenty-six days

• Page 25, Line 9after notification to the district attorney of record by the department of

• Page 25, Line 10corrections that the offender participant is not able to complete the

• Page 25, Line 11sentence to the youthful offender system or fails to comply with the terms

• Page 25, Line 12or conditions of the youthful offender system.

• Page 25, Line 13(d) (I)  Except as provided in subsection (5)(d)(II) of this section,

• Page 25, Line 14the department of corrections may house an offender a system

• Page 25, Line 15participant in a youthful offender facility that also houses inmates

• Page 25, Line 16twenty-five years of age or older sentenced to the department of

• Page 25, Line 17corrections who are of a lower than close custody level if such the

• Page 25, Line 18inmates are housed in the youthful offender facility for the purpose of

• Page 25, Line 19participating in a program to mentor youthful offenders system

• Page 25, Line 20participants that is authorized by the executive director. of the

• Page 25, Line 21department of corrections.

• Page 25, Line 22(II)  The department of corrections shall not house an offender a

• Page 25, Line 23participant in a youthful offender facility that also houses any inmates

• Page 25, Line 24twenty-five years of age or older sentenced to the department of

• Page 25, Line 25corrections who have been convicted of a sex offense, as described in

• Page 25, Line 26section 16-11.7-102 (3).

• Page 25, Line 27(6)  The department of corrections shall establish and enforce

• Page 26, Line 1standards for the youthful offender system Offenders consistent with

• Page 26, Line 2the goals stated in subsection (1) of this section. A participant

• Page 26, Line 3in the youthful offender system, including those a participant under

• Page 26, Line 4community supervision, shall be is considered inmates an inmate for the

• Page 26, Line 5purposes of section 17-1-111. C.R.S.

• Page 26, Line 6(11.5) (a) (I)  An offender A juvenile or young adult who is

• Page 26, Line 7sentenced to the youthful offender system shall must submit to collection

• Page 26, Line 8and a chemical testing of a biological substance sample from the offender

• Page 26, Line 9juvenile or young adult to determine the genetic markers thereof.

• Page 26, Line 10(12)  The general assembly recognizes that the increased number

• Page 26, Line 11of violent crimes committed by juveniles and young adults is a problem

• Page 26, Line 12faced by all the states of this nation. By creating the youthful offender

• Page 26, Line 13system, Colorado stands at the forefront of the states in creating a new

• Page 26, Line 14approach to addressing this problem. The general assembly also declares

• Page 26, Line 15that the cost of implementing and operating the youthful offender system

• Page 26, Line 16will create creates a burden on the state's limited resources. Accordingly

• Page 26, Line 17However, the general assembly shall appropriate to the

• Page 26, Line 18department sufficient funds to manage the youthful offender

• Page 26, Line 19system in a manner consistent with the requirements and

• Page 26, Line 20principles contained in this section, including the requirements

• Page 26, Line 21and principles related to the treatment of mental and

• Page 26, Line 22behavioral health conditions or intellectual and

• Page 26, Line 23developmental disabilities. To supplement the appropriation, the

• Page 26, Line 24general assembly directs the department of corrections to seek out and

• Page 26, Line 25accept available federal, state, and local public funds, including project

• Page 26, Line 26demonstration funds, and private moneys money and private systems for

• Page 26, Line 27the purpose of conducting the youthful offender system.

• Page 27, Line 1(15) (a)  The department shall consult a diverse group of

• Page 27, Line 2relevant experts to formulate recommendations for

• Page 27, Line 3integrating a trauma-informed standard of care with current

• Page 27, Line 4practices to promote the health and safety of participants in the

• Page 27, Line 5youthful offender system. The relevant experts' views must

• Page 27, Line 6guide the recommendations on appropriate programming and

• Page 27, Line 7therapeutic interventions to address symptoms of trauma that

• Page 27, Line 8system participants exhibit. The recommendations must include,

• Page 27, Line 9but are not limited to, necessary modifications to youthful

• Page 27, Line 10offender system programming and procedures, participant

• Page 27, Line 11treatment, participant housing arrangements, and staff

• Page 27, Line 12training to reflect a trauma-informed approach to care.

• Page 27, Line 13(b)  In January 2028, the department shall include, as part

• Page 27, Line 14of its presentation during its "SMART Act" hearing required by

• Page 27, Line 15section 2-7-203, information concerning the recommendations

• Page 27, Line 16developed pursuant to subsection (15)(a) of this section. The

• Page 27, Line 17department shall publish the recommendations on the

• Page 27, Line 18department's website.

• Page 27, Line 19SECTION 6.  In Colorado Revised Statutes, amend 18-1.3-407.5

• Page 27, Line 20as follows:

• Page 27, Line 2118-1.3-407.5.  Sentences - young adults - youthful offender

• Page 27, Line 22system - definitions.

• Page 27, Line 23(1) (a)  A young adult offender may be sentenced to the youthful

• Page 27, Line 24offender system in the department of corrections in accordance with

• Page 27, Line 25section 18-1.3-407, in the following circumstances:

• Page 27, Line 26(I)  The young adult offender is convicted of a felony enumerated

• Page 27, Line 27as a crime of violence pursuant to section 18-1.3-406;

• Page 28, Line 1(II)  The young adult offender is convicted of a felony offense

• Page 28, Line 2described in part 1 of article 12 of this title title 18;

• Page 28, Line 3(III)  The young adult offender used, or possessed and threatened

• Page 28, Line 4the use of, a deadly weapon during the commission of a felony offense

• Page 28, Line 5against a person, as set forth in article 3 of this title title 18;

• Page 28, Line 6(IV)  The young adult offender is convicted of vehicular homicide,

• Page 28, Line 7as described in section 18-3-106; vehicular assault, as described in section

• Page 28, Line 818-3-205; or felonious arson, as described in part 1 of article 4 of this title

• Page 28, Line 9title 18;

• Page 28, Line 10(V)  The young adult offender is convicted of a felony offense

• Page 28, Line 11described in section 18-1.3-401 as a class 3 felony, other than the felonies

• Page 28, Line 12described in section 18-3-402 (1)(d) and section 18-3-403 (1)(e), as it

• Page 28, Line 13existed prior to July 1, 2000, and has, within the two previous years, been

• Page 28, Line 14adjudicated a juvenile delinquent for a delinquent act that would

• Page 28, Line 15constitute a felony if committed by an adult; or

• Page 28, Line 16(VI)  The young adult offender is convicted of a felony offense and

• Page 28, Line 17is determined to have been a "repeat juvenile offender", as described in

• Page 28, Line 18section 19-2.5-1125.

• Page 28, Line 19(b)  The offenses described in paragraph (a) of this subsection (1)

• Page 28, Line 20shall subsection (1)(a) of this section include the attempt, conspiracy,

• Page 28, Line 21or solicitation to commit such the offenses.

• Page 28, Line 22(2) (a)  Notwithstanding the circumstances described in subsection

• Page 28, Line 23(1) of this section, a young adult offender shall be is ineligible for

• Page 28, Line 24sentencing to the youthful offender system if the young adult offender is

• Page 28, Line 25convicted of any of the following:

• Page 28, Line 26(I)  A class 1 or class 2 felony;

• Page 28, Line 27(II)  A sexual offense described in section 18-6-301, section

• Page 29, Line 118-6-302, or part 4 of article 3 of this title title 18; or

• Page 29, Line 2(III)  Any offense, if the young adult offender has received a

• Page 29, Line 3sentence to the youthful offender system for any a prior conviction.

• Page 29, Line 4(b)  Notwithstanding subsection (2)(a) of this section, a young

• Page 29, Line 5adult offender who is charged with first degree murder as described in

• Page 29, Line 6section 18-3-102 (1)(b), as it existed prior to September 15, 2021, or

• Page 29, Line 7murder in the second degree, as described in section 18-3-103 (1)(b), and

• Page 29, Line 8pleads guilty to a class 2 felony as a result of a plea agreement is eligible

• Page 29, Line 9for sentencing to the youthful offender system if the young adult offender

• Page 29, Line 10would be eligible for sentencing to the youthful offender system for a

• Page 29, Line 11conviction of the felony underlying the charge of first degree murder as

• Page 29, Line 12described in section 18-3-102 (1)(b), as it existed prior to September 15,

• Page 29, Line 132021, or murder in the second degree, as described in section 18-3-103

• Page 29, Line 14(1)(b).

• Page 29, Line 15(3)  As used in this section, unless the context otherwise requires,

• Page 29, Line 16a "young adult" offender" means a person who is at least eighteen years

• Page 29, Line 17of age but under twenty years of age at the time the crime is committed

• Page 29, Line 18and under twenty-one years of age at the time of sentencing pursuant to

• Page 29, Line 19this section.

• Page 29, Line 20SECTION 7.  In Colorado Revised Statutes, 18-1.3-704, amend

• Page 29, Line 21(1) as follows:

• Page 29, Line 2218-1.3-704.  Outstanding balances owed by juveniles - report.

• Page 29, Line 23(1)  On and after July 6, 2021, the balance of any court-assessed

• Page 29, Line 24or court-ordered costs imposed pursuant to section 16-11-101.6 (1),

• Page 29, Line 2518-1.3-407 (4.5) or (11.5), 18-1.3-507 (6)(a), 18-1.3-701 (1) or (2)(m),

• Page 29, Line 2618-21-103 (1.5), 18-25-101 (1), 21-1-103 (3), 24-4.1-119 (1)(a) or (1)(d),

• Page 29, Line 2724-4.2-104 (1)(a)(I), or 42-4-1307 (10) against a juvenile, as defined in

• Page 30, Line 1section 18-1.3-407 (2)(a)(III)(A) section 18-1.3-407 (1.3); the parent,

• Page 30, Line 2guardian, or legal custodian of a juvenile; or other person who is liable

• Page 30, Line 3for the support of a juvenile are unenforceable and not collectable.

• Page 30, Line 4SECTION 8.  In Colorado Revised Statutes, 18-22-103, amend

• Page 30, Line 5(3) as follows:

• Page 30, Line 618-22-103.  Source of revenues - allocation of money -

• Page 30, Line 7surcharge fund - transfer - repeal.

• Page 30, Line 8(3)  There is hereby created in the state treasury a youthful

• Page 30, Line 9offender system surcharge fund which shall consist that consists of

• Page 30, Line 10moneys money received by the state treasurer pursuant to paragraph (b)

• Page 30, Line 11of subsection (2) subsection (2)(b) of this section. In accordance with

• Page 30, Line 12section 24-36-114, C.R.S., all interest derived from the deposit and

• Page 30, Line 13investment of this fund shall be is credited to the general fund. Any

• Page 30, Line 14moneys money not appropriated by the general assembly shall remain

• Page 30, Line 15remains in the youthful offender system surcharge fund and shall not be

• Page 30, Line 16transferred or revert to the general fund of the state at the end of any

• Page 30, Line 17fiscal year. All moneys money in the fund shall be is subject to annual

• Page 30, Line 18appropriation by the general assembly to the department of corrections to

• Page 30, Line 19cover the direct and indirect costs associated with the rehabilitation,

• Page 30, Line 20education, and treatment of youthful offenders juveniles and young

• Page 30, Line 21adults sentenced to a the youthful offender system.

• Page 30, Line 22SECTION 9.  Act subject to petition - effective date. This act

• Page 30, Line 23takes effect at 12:01 a.m. on the day following the expiration of the

• Page 30, Line 24ninety-day period after final adjournment of the general assembly (August

• Page 30, Line 2512, 2026, if adjournment sine die is on May 13, 2026); except that, if a

• Page 30, Line 26referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 30, Line 27state constitution against this act or an item, section, or part of this act

• Page 31, Line 1within such period, then the act, item, section, or part will not take effect

• Page 31, Line 2unless approved by the people at the general election to be held in

• Page 31, Line 3November 2026 and, in such case, will take effect on the date of the

• Page 31, Line 4official declaration of the vote thereon by the governor.