§ 19-2.5-1103 — Sentencing schedule - options

Colorado § 19-2.5-1103

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: The Colorado Juvenile Justice System

Text

(1) Upon completion of the
sentencing hearing pursuant to section 19-2.5-1102, the court shall enter a decree
of sentence or commitment imposing any of the following sentences or combination
of sentences, as appropriate:

(a) Commitment to the department of human services pursuant to section 19-2.5-1117;

(b) Confinement in the county jail or in community corrections pursuant to
section 19-2.5-1118;

(c) Detention pursuant to section 19-2.5-1123;

(d) Placement of legal custody of the juvenile with a relative or other
suitable person pursuant to section 19-2.5-1112;

(e) Probation pursuant to section 19-2.5-1106;

(f) Commitment to the community accountability program pursuant to
section 19-2.5-1111;

(g) Placement of legal custody of the juvenile in the county department of
human or social services or a child placement agency pursuant to section 19-2.5-1115;

(h) Placement of the juvenile in a hospital or other suitable facility for receipt
of special care pursuant to section 19-2.5-1114;

(i) Imposition of a fine pursuant to section 19-2.5-1105;

(j) Ordering the juvenile to pay restitution pursuant to section 19-2.5-1104;

(k) Ordering the juvenile to complete an anger management treatment
program or any other appropriate treatment program pursuant to section 19-2.5-1122;

(l) Participation in an evaluation to determine whether the juvenile would be
suitable for restorative justice practices that would be a part of the juvenile's
sentence; except that the court may not order participation in restorative justice
practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior,
as defined in section 16-22-102 (9); a crime in which the underlying factual basis
involves domestic violence, as defined in section 18-6-800.3 (1); stalking, as defined
in section 18-3-602; or violation of a protection order, as defined in section 18-6-803.5. If the court orders participation in restorative justice practices, the facilitator
shall provide these services for a fee of no more than one hundred twenty-five
dollars based on a sliding scale consistent with guidelines used to determine
eligibility for appointment of counsel. The court shall not include payment of this
fee as part of any court order. Nothing in this subsection (1)(l) requires a victim to
participate in a restorative justice victim-offender conference.

(2) The judge shall sentence any juvenile adjudicated as a special offender
pursuant to section 19-2.5-1126.

(3) Any sentence imposed on a juvenile pursuant to this section may include
the juvenile's parent or guardian pursuant to section 19-2.5-1110.

(4) If, as a condition of or in connection with any sentence imposed pursuant
to this section, the court requires a juvenile to attend school, the court shall notify
the school district in which the juvenile is enrolled of such requirement.

(5) (a) Except as otherwise set forth in section 19-2.5-1127 for an aggravated
juvenile offender, if the court finds that placement out of the home is necessary and
is in the best interests of the juvenile and the community, the court shall place the
juvenile, following the criteria established pursuant to section 19-2.5-1404, in the
facility or setting that most appropriately meets the needs of the juvenile, the
juvenile's family, and the community. In making its decision as to proper placement,
the court shall utilize the evaluation for placement prepared pursuant to section 19-1-107 or the evaluation for placement required by section 19-1-115 (8)(e). Any
placement recommendation in the evaluation prepared by the county department
of human or social services must be accorded great weight as the placement that
most appropriately meets the needs of the juvenile, the juvenile's family, and the
community. A recommendation prepared by the county department of human or
social services must set forth specific facts and reasons for the placement
recommendation. If the evaluation for placement recommends placement in a
facility located in Colorado that can provide appropriate treatment and that will
accept the juvenile, then the court shall not place the juvenile in a facility outside
this state. If the court places the juvenile in a facility located in Colorado other than
one recommended by the evaluation for placement, in a facility located outside this
state in accordance with the evaluation for placement, or in a facility in which the
average monthly cost exceeds the amount established by the general assembly in
the general appropriation bill, it shall make specific findings of fact, including the
monthly cost of the facility in which the juvenile is placed, relating to its placement
decision. A copy of the findings must be sent to the chief justice of the supreme
court, who shall, notwithstanding section 24-1-136 (11)(a)(I), report monthly to the
joint budget committee and annually to the house and senate committees on health
and human services, or any successor committees, on such placements. If the court
commits the juvenile to the state department of human services, it shall not make a
specific placement, nor is this subsection (5) relating to specific findings of fact
applicable.

(b) If the court sentences a juvenile to an out-of-home placement funded by
the state department of human services or any county, or commits a juvenile to the
state department of human services, and the receiving agency determines that the
placement or commitment does not follow the criteria established pursuant to
section 19-2.5-1404, including the placement recommended by the receiving
agency, the receiving agency may, after assessing the juvenile's needs, file a
petition with the court for reconsideration of the placement or commitment. The
petition must be filed not later than thirty-five days after the placement or
commitment. The court shall hear the petition and enter an order thereon not later
than thirty-five days after the filing of the petition, and after notice to all agencies
or departments that might be affected by the resolution of the petition, and after all
such agencies or departments have had an opportunity to participate in the hearing
on the petition. Failure of any such agency or department to appear may be a basis
for refusal to accept a subsequent petition by the agency or department that had
an opportunity to appear and be present at the original petition hearing. The
notification to the parties required pursuant to this subsection (5)(b) must be made
by the petitioning party, and proof of the service must be filed with the court. If the
court sentences a juvenile to an out-of-home placement funded by the county
department of human or social services, temporary legal custody of the juvenile
must be placed with the county department of human or social services, and the
placement recommended by the county department must be accorded great weight
as the placement that most appropriately meets the needs of the juvenile, the
juvenile's family, and the community. Any deviation from the recommendation must
be supported by specific findings on the record of the case detailing the specific
extraordinary circumstances that constitute the reasons for deviations from the
placement recommendation of the county department of human or social services.

(6) Repealed.

(7) The juvenile court in each judicial district may implement a behavioral or
mental health disorder screening program to screen juveniles sentenced pursuant
to this part 11. If the juvenile court chooses to implement a behavioral or mental
health disorder screening program, the juvenile court shall use the standardized
behavioral or mental health disorder screening developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established
pursuant to section 16-11.9-102.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 635, � 2, effective October 1; (1)(l) amended and (6) repealed, (HB 21-1315), ch. 461, p. 3118, � 28, effective October 1.