In addition to the terms defined in section 19-1-103,
as used in this article 2.5, unless the context otherwise requires:
(1) Adjudication means a determination by the court that it has been proven
beyond a reasonable doubt to the trier of fact that a juvenile has committed a
delinquent act or that a juvenile has pled guilty to committing a delinquent act. In
addition, when a previous conviction must be pled and proven as an element of an
offense or for purposes of sentence enhancement, adjudication means conviction.
(2) Adjudicatory trial is defined in section 19-1-103.
(3) Adult is defined in section 19-1-103.
(4) Basic identification information is defined in section 19-1-103.
(5) Behavioral health has the same meaning as set forth in section 27-60-100.3.
(6) Child means a person under eighteen years of age.
(7) Commit is defined in section 19-1-103.
(8) Repealed.
(9) Cost of care is defined in section 19-1-103.
(10) County department is defined in section 19-1-103.
(11) Crossover youth plan means the portion of the annual plan described in
section 19-2.5-302 and devised in each judicial district by the juvenile services
planning committee that outlines identification and notification of dually identified
crossover youth as described in section 19-2.5-302.
(12) Delinquent act is defined in section 19-1-103.
(13) Detention is defined in section 19-1-103.
(14) Determinate period means that the department of human services may
not transfer legal or physical custody of a juvenile until the juvenile has completed
the period of commitment imposed by the court, unless otherwise ordered by the
court; except that the department of human services may release the juvenile on
parole prior to completion of the determinate period, pursuant to section 19-2.5-1203.
(15) Diagnostic and evaluation center means a facility for the examination
and study of persons committed to the custody of the department of human
services.
(16) Director means the executive director of the department of public
safety.
(17) (a) Diversion means a decision made by a person with authority or a
delegate of that person that results in specific official action of the legal system
not being taken in regard to a specific juvenile or child and in lieu thereof providing
or referring the juvenile or child to an individually designed program or activity, if
necessary, provided by district attorneys' offices, governmental units, or
nongovernmental units. The goal of diversion is to prevent further involvement of
the juvenile or child in the formal legal system.
(b) Diversion of a juvenile or child may take place either at the prefiling level
as an alternative to the filing of a petition pursuant to section 19-2.5-502 or
postfiling as an alternative to adjudication. Services may include restorative justice
practices as defined in subsection (45) of this section.
(18) Division of youth services or division means the division of youth
services, created in section 19-2.5-1501.
(19) Dually identified crossover youth means youth who are currently
involved in the juvenile justice system and the child welfare system or have a
history in the child welfare system that includes, but is not limited to, a family
assessment response service plan or an open case.
(20) Repealed.
(21) Gang, as used in sections 19-2.5-305 and 19-2.5-1504, means a group
of three or more individuals with a common interest, bond, or activity characterized
by criminal or delinquent conduct, engaged in either collectively or individually.
(22) Governmental unit, as used in sections 19-2.5-402, 19-2.5-1502, and
19-2.5-1519, means any county, city and county, city, town, judicial district
attorney's office, or school district.
(23) Guardian ad litem is defined in section 19-1-103.
(24) Halfway house means a group care facility for juveniles who have
been placed on probation or parole pursuant to the terms of this article 2.5.
(25) Repealed.
(26) Indian child is defined in section 19-1-103.
(27) Intellectual and developmental disability means a disability that is
manifested before the person reaches his or her twenty-second birthday, that
constitutes a substantial disability to the affected individual, and that is
attributable to an intellectual disability or other neurological conditions when those
conditions result in impairment of general intellectual functioning or adaptive
behavior similar to that of a person with an intellectual disability. Unless otherwise
specifically stated, the federal definition of developmental disability, 42 U.S.C.
sec. 15002 (8), does not apply.
(28) Juvenile is defined in section 19-1-103.
(29) Juvenile community review board means any board appointed by a
board of county commissioners for the purpose of reviewing community
placements pursuant to this article 2.5. A juvenile community review board, if
practicable, includes but is not limited to a representative from a county
department of human or social services, a local school district, a local law
enforcement agency, a local probation department, a local bar association, the
division of youth services, and private citizens.
(30) Juvenile court or court is defined in section 19-1-103.
(31) Juvenile delinquent means a juvenile who has been found guilty of a
delinquent act.
(32) Mental capacity means a juvenile's capacity to meet all of the
following criteria:
(a) Appreciate the charges or allegations against the juvenile;
(b) Appreciate the nature of the adversarial process, which includes having a
factual and rational understanding of the participants in the proceeding and their
roles, including the judge, defense counsel, prosecutor, and, if applicable, the
guardian ad litem and the jury;
(c) Appreciate the range and nature of allowable dispositions that may be
imposed by the court;
(d) Have the ability to communicate to counsel information known to the
juvenile regarding the allegations against the juvenile, as well as information
relevant to the proceeding at issue; and
(e) Understand and appreciate the right to testify and to voluntarily exercise
the right.
(33) Mental health disorder means a substantial disorder of thought, mood,
perception, or cognitive ability that results in marked functional disability and
significantly interferes with adaptive behavior. Mental health disorder does not
include acute intoxication from alcohol or other substances, any condition
manifested only by antisocial behavior, or any substance abuse impairment
resulting from recent use or withdrawal. However, substance abuse that results in a
long-term, substantial disorder of thought, mood, or cognitive ability may constitute
a mental health disorder.
(34) Mental health hospital placement prescreening means a face-to-face
mental health examination conducted by a mental health professional to determine
whether a child should be placed in a facility for evaluation pursuant to section 27-65-106. The prescreening may include consultation with other mental health
professionals and review of all available records on the child.
(35) Office of alternate defense counsel means the office of alternate
defense counsel created and existing pursuant to section 21-2-101.
(36) Office of the state public defender means the office of state public
defender created and existing pursuant to section 21-1-101.
(37) Parent is defined in section 19-1-103.
(38) Peace officer has the same meaning as set forth in section 16-2.5-101.
(39) Physical custodian, as used in sections 19-2.5-203 and 19-2.5-501,
means a guardian, whether or not appointed by court order, with whom the juvenile
has resided.
(40) Reasonable efforts is defined in section 19-1-103.
(41) Receiving center means a facility used by the department of human
services to provide temporary detention and care for juveniles pending placement
in a training school, camp, or other facility.
(42) Repeat juvenile offender is described in section 19-2.5-1125 (2).
(43) Residential community placement means any placement for
residential purposes permitted pursuant to this title 19, except in an institutional
facility directly operated by, or a secure facility under contract with, the
department of human services and except while a juvenile is under the jurisdiction
of the juvenile parole board.
(44) Repealed.
(45) (a) Restorative justice means those practices that emphasize repairing
the harm to the victim and community caused by delinquent acts. Restorative
justice practices may include victim-offender conferences attended voluntarily by
the victim, a victim advocate, the offender, community members, and supporters of
the victim or the offender that provide an opportunity for the offender to accept
responsibility for the harm caused to those affected by the crime and to participate
in setting consequences to repair the harm. Consequences recommended by the
participants may include but need not be limited to apologies, community service,
restoration, and counseling. The selected consequences are incorporated into an
agreement that sets time limits for completion of the consequences and is signed
by all participants.
(b) Any statements made during the restorative justice process are
confidential and must not be used against the juvenile, or as a basis for charging or
prosecuting the juvenile, unless the juvenile commits a chargeable offense during
the process.
(c) Nothing precludes a person from reporting child abuse or neglect when
required pursuant to section 19-3-304 or a mental health provider from complying
with a duty to warn pursuant to section 13-21-117 (2).
(46) Screening team means the person or persons designated, pursuant to
rule 3.7 of the Colorado rules of juvenile procedure, by the chief judge in each
judicial district or, for the second judicial district, the presiding judge of the Denver
juvenile court to make recommendations to the juvenile court concerning whether a
juvenile taken into temporary custody should be released or admitted to a
detention or shelter facility pursuant to section 19-2.5-305.
(47) Sentencing hearing means a hearing to determine what sentence
must be imposed on a juvenile delinquent or what other order of disposition must be
made concerning a juvenile delinquent, including commitment. A sentencing
hearing may be part of the proceeding that includes the adjudicatory trial, or it may
be held at a time subsequent to the adjudicatory trial.
(48) Staff secure facility means a group facility or home at which each
juvenile is continuously under staff supervision and at which all services, including
education and treatment, are provided on site. A staff secure facility may or may
not be a locked facility.
(49) Standardized mental health disorder screening means the mental
health disorder screening conducted using the juvenile standardized screening
instruments and the procedures adopted pursuant to section 16-11.9-102.
(50) Status offense has the same meaning as defined in federal law in 28
CFR 31.304, as amended.
(51) Temporary holding facility is defined in section 19-1-103.
(52) Training school means an institution providing care, education,
treatment, and rehabilitation for juveniles in a closed setting and includes a
regional center established in part 3 of article 10.5 of title 27.
(53) Victim, as used in this article 2.5, means any party immediately and
directly aggrieved by the juvenile or youth; that party's spouse; the party's parent,
sibling, or child who is living with the party; a victim compensation board that has
paid a victim compensation claim; a person or entity that has suffered losses
because of a contractual relationship with such party, including an insurer or
because of liability under section 14-6-110; or, in the absence of any of the above,
the state.
(54) Youth is defined in section 19-1-103.