(1) At
the time of the entry of adjudication or at any time thereafter, upon the request of
the adjudicated juvenile or upon the court's own motion, a court may enter an order
of collateral relief in the juvenile's case for the purpose of improving the juvenile's
likelihood of success in the community.
(2) Application contents. (a) An application for an order of collateral relief
must cite the grounds for granting the relief, the type of relief sought, and the
specific collateral consequence from which the applicant is seeking relief and must
include a copy of a recent criminal history record check. The state court
administrator may produce an application form that an applicant may submit in
application.
(b) The applicant shall provide a copy of the application to the district
attorney and to the regulatory or licensing body that has jurisdiction over the
collateral consequence from which the applicant is seeking relief, if any, by
certified mail or personal service within fourteen days after filing the application
with the court.
(c) An application filed after an adjudication order has been entered must
include a copy of a recent Colorado bureau of investigation fingerprint-based
criminal history record check, the filing fee required by law, and an additional filing
fee of thirty dollars to cover the actual costs related to the application. A court
shall waive the filing fees if it finds that the juvenile is indigent.
(3) An order of collateral relief may relieve an adjudicated juvenile of any
collateral consequences of the adjudication, whether in housing or employment
barriers or any other sanction or disqualification that the court shall specify,
including but not limited to statutory, regulatory, or other collateral consequences
that the court may see fit to relieve that will assist the adjudicated juvenile in
successfully reintegrating into the community.
(4) (a) Notwithstanding any other provision of law, an order of collateral
relief cannot relieve any collateral consequences imposed by law for licensure by
the department of education or any collateral consequences imposed by law for
employment with the judicial branch, the department of corrections, the division of
youth services in the department of human services, or any other law enforcement
agency in the state of Colorado.
(b) A court shall not issue an order of collateral relief if the adjudicated
juvenile:
(I) Has been adjudicated for a felony that included an element that requires a
victim to suffer a serious bodily injury and the victim suffered a permanent
impairment of the function of any part or organ of the body;
(II) Has been adjudicated for a crime of violence as described in section 18-1.3-406; or
(III) Is required to register as a sex offender pursuant to section 16-22-103.
(5) Hearing. (a) The court may conduct a hearing on any matter relevant to
the granting or denying of an application or include a hearing on the matter at the
adjudicated juvenile's sentencing hearing and may take testimony under oath.
(b) The court may hear testimony from victims or any proponent or opponent
of the application and may hear arguments from the applicant and the district
attorney.
(6) Standard for granting relief. (a) A court may issue an order of collateral
relief if the court finds that:
(I) The order of collateral relief is consistent with the applicant's
rehabilitation; and
(II) Granting the application would improve the applicant's likelihood of
success in reintegrating into society and is in the public's interest.
(b) The court that previously issued an order of collateral relief, on its own
motion or either by cause shown by the district attorney or on grounds offered by
the applicant, may at any time issue a subsequent judgment to enlarge, limit, or
circumscribe the relief previously granted.
(c) Upon the motion of the district attorney or probation officer or upon the
court's own motion, a court may revoke an order of collateral relief upon evidence
of a subsequent criminal conviction or adjudication or proof that the adjudicated
juvenile is no longer entitled to relief. Any bars, prohibitions, sanctions, and
disqualifications relieved may be reinstated as of the date of the written order of
revocation. The court shall provide a copy of the order of revocation to the holder
and to any regulatory or licensing entity that the adjudicated juvenile noticed in the
juvenile's motion for relief.
(7) If the court issues an order of collateral relief, it shall send a copy of the
order of collateral relief through the Colorado integrated criminal justice
information system to the Colorado bureau of investigation, and the Colorado
bureau of investigation shall note in the applicant's record in the Colorado crime
information center that the order of collateral relief was issued.
(8) Definitions. As used in this section, unless the context otherwise
requires:
(a) Adjudication or adjudicated means a verdict of guilty by a judge or
jury or a plea of guilty or nolo contendere that is accepted by the court or an
adjudication for a crime under the laws of any other state, the United States, or any
territory subject to the jurisdiction of the United States, which, if committed within
this state, would be a crime. Adjudication or adjudicated also includes having
received a deferred adjudication.
(b) Collateral consequence means a collateral sanction or a
disqualification.
(c) Collateral sanction means a penalty, prohibition, bar, or disadvantage,
however denominated, imposed on an individual as a result of the individual's
adjudication for an offense, which penalty, prohibition, bar, or disadvantage applies
by operation of law regardless of whether the penalty, prohibition, bar, or
disadvantage is included in the judgment or sentence. Collateral sanction does
not include imprisonment, probation, parole, supervised release, forfeiture,
restitution, fine, assessment, costs of prosecution, or a restraint or sanction on an
individual's driving privilege.
(d) Disqualification means a penalty, prohibition, bar, or disadvantage,
however denominated, that an administrative agency, governmental official, or
court in a civil proceeding is authorized, but not required, to impose on an individual
on grounds relating to the individual's adjudication for an offense.
(9) The provisions of this section apply to adjudications entered before, on, or
after September 7, 2021.