§ 19-2.5-1122 — Sentencing - animal cruelty - anger management treatment

Colorado § 19-2.5-1122

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

Text

(1) In addition to any sentence imposed pursuant to this section, a juvenile who has
been adjudicated a juvenile delinquent for the commission of cruelty to animals, as
described in section 18-9-202, in which the underlying factual basis has been found
by the court to include the knowing torture or torment of an animal and that
needlessly injured, mutilated, or killed an animal, may be ordered to complete an
anger management treatment program, a mental health treatment program, or any
other appropriate treatment program designed to address the underlying causative
factors for the violation.

(2) The court may order an evaluation to be conducted prior to disposition if
an evaluation would assist the court in determining an appropriate disposition. The
parents or legal guardian of the juvenile ordered to undergo an evaluation shall pay
the cost of the evaluation. If the evaluation results in a recommendation of
treatment and if the court so finds, the juvenile must be ordered to complete an
anger management treatment program, a mental health treatment program, or any
other appropriate treatment program designed to address the underlying causative
factors for the violation.

(3) The disposition for a juvenile who has been adjudicated a juvenile
delinquent a second or subsequent time, the underlying factual basis of which has
been found by the court to include an act of cruelty to animals, as described in
section 18-9-202, must include the completion of an anger management treatment
program, a mental health treatment program, or any other appropriate treatment
program designed to address the underlying causative factors for the violation.

(4) In addition to any sentence imposed pursuant to this section for any
juvenile who has been adjudicated a juvenile delinquent for the commission of
cruelty to animals, as described in section 18-9-202, the court may enter an order
prohibiting the juvenile or other party from owning, possessing, or caring for a pet
animal as defined in section 35-80-102 (10), unless the juvenile's treatment provider
makes a specific recommendation not to impose the ban and the court agrees with
the recommendation.

(5) Nothing in this section precludes the court from ordering treatment in
any appropriate case.

(6) This section does not apply to the treatment of pack or draft animals by
negligently overdriving, overloading, or overworking them, or the treatment of
livestock and other animals used in the farm or ranch production of food, fiber, or
other agricultural products when the treatment is in accordance with accepted
animal husbandry practices, the treatment of animals involved in activities
regulated pursuant to article 32 of title 44, the treatment of animals involved in
research if the research facility is operating under rules set forth by the state or
federal government, the treatment of animals involved in rodeos, the treatment of
dogs used for legal hunting activities, or to statutes regulating activities
concerning wildlife and predator control in the state, including trapping.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 657, � 2, effective October 1.