§ 19-2.5-606 — Preadjudication service program - creation

Colorado § 19-2.5-606

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

Text

(1) (a) The chief
judge of any judicial district may issue an order that any juvenile who applies for
preadjudication release be evaluated for placement by a preadjudication service
program established pursuant to this section. In evaluating the juvenile, the service
program shall follow criteria for the placement of a juvenile established pursuant to
section 19-2.5-1404. Upon evaluation, the service program shall make a
recommendation to the court concerning placement of the juvenile with a
preadjudication service program.

(b) Parents or legal guardians of a juvenile evaluated by a preadjudication
service program shall complete the information form described in section 19-2.5-1404 (1)(b)(VIII) no later than two business days after the evaluation or prior to the
juvenile's first detention hearing, whichever occurs first. If available, the screening
team or preadjudication service program shall file the original completed
information form with the court. If the information form has not been completed at
the time of the detention hearing, the court shall direct the parent or legal guardian
to immediately complete the form and file it with the court. The screening team,
preadjudication service program, or the court shall deliver a copy of the information
form to the division of youth services; the guardian ad litem, if any; and the county
department of human or social services no later than seven business days after the
date of the detention hearing.

(2) Any county or city and county or judicial district in the state may
establish a preadjudication service program for use by the district court for the
county or city and county or judicial district. Such program must be established in
accordance with a local justice plan developed pursuant to section 19-2.5-302.

(3) The local justice plan must provide for the assessment of juveniles taken
into custody and detained by law enforcement officers. The assessment must be
based on criteria for the placement of juveniles established pursuant to section 19-2.5-1404, so that relevant information may be presented to the judge presiding over
the detention hearing. The information provided to the court through the screening
process, including the record of any prior adjudication of the juvenile, is intended to
enhance the court's ability to make a more appropriate detention and bond
decision, based on facts relative to the juvenile's substantial risk of serious harm to
others.

(4) The plan may include different methods and levels of community-based
supervision as conditions for preadjudication release, including the possibility of
release without formal supervision. The plan may provide for the use of the same
supervision methods that have been established for adult defendants as a pretrial
release method to reduce pretrial incarceration or that have been established as
sentencing alternatives for juvenile or adult offenders placed on probation or
parole. The use of such supervision methods is intended to reduce preadjudication
detentions without sacrificing the protection of the community from juveniles who
may be risks to the public. The plan may allow for the release of the juvenile to the
juvenile's home with no formal supervision or provide for the use of any of the
following supervision methods as conditions of preadjudication release:

(a) Periodic telephone communications with the juvenile;

(b) Periodic office visits by the juvenile to the preadjudication service
program;

(c) Periodic home visits to the juvenile's home;

(d) If a validated mental health or substance use screening and subsequent
mental health or substance use assessment indicates that the juvenile has a need:

(I) Periodic drug testing of the juvenile; or

(II) Behavioral or mental health or substance use treatment for the juvenile,
which may include residential treatment;

(e) Periodic visits to the juvenile's school;

(f) Domestic violence or child abuse counseling for the juvenile, if applicable;

(g) Electronic or global position monitoring of the juvenile;

(h) Work release for the juvenile, if school attendance is not applicable or
appropriate under the circumstances; or

(i) Juvenile day reporting and day treatment programs.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 603, � 2, effective October 1.