Section 17-34-102 - Specialized program for juveniles and young adults convicted as adults and young adults convicted under twenty-one years of age - report - definition(1) The department shall develop and implement a specialized program for offenders who have been sentenced to an adult prison for a felony offense committed while the offender was under eighteen years of age as a result of the filing of criminal charges by an information or indictment pursuant to section 19-2.5-801, or the transfer of proceedings to the district court pursuant to section 19-2.5-802, or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, or offenders serving a sentence in the department for a felony offense that was committed when the offender was under twenty-one years of age, and the offenders in any of these cases are determined to be appropriate for placement in the specialized program. The department shall implement the specialized program within or in conjunction with a facility operated by, or under contract with, the department.(2) The specialized program must include components that allow an offender to experience placement with more independence in daily life, with additional work-related responsibilities and other program components that will assist and support the offender's successful reintegration into the community of offenders who have never lived independently or functioned in the community as an adult. The specialized program must also include best and promising practices in independent living skills development, reentry services for long-term offenders, and intensive supervision and monitoring.(3) The department shall not allow any participating offender to complete the specialized program in less than three years.(4) The department shall make restorative justice practices, as defined in section 18-1-901 (3) (o.5), available to any victim of any offender who petitions for placement in the specialized program, as may be appropriate, but only if requested by the victim and the victim has registered with the department of corrections requesting notice of victims' rights pursuant to the provisions of part 3 of article 4.1 of title 24.(6)(a) The department shall include in the specialized program rules of conduct for program participants and a policy whereby program participants who fail to comply with the rules of conduct are terminated from participation in the specialized program and returned to an appropriate prison placement.(b) An offender who is terminated from the specialized program may not re-petition for placement in the specialized program sooner than three years from the date of such termination.(7) Notwithstanding any provision of law, an offender who successfully completes the specialized program is eligible to apply for early parole pursuant to the provisions of section 17-22.5-403 (4.5) or 17-22.5-403.7.(8)(a) Except as described in subsections (8)(b) and (8)(c) of this section, if an offender has served at least twenty-five calendar years of his or her sentence and successfully completed the specialized program, unless rebutted by relevant evidence, it is presumed that:(I) The offender has met the factual burden of presenting extraordinary mitigating circumstances; and(II) The offender's release to early parole is compatible with the safety and welfare of society.(b) If an offender who committed murder in the first degree, as described in section 18-3-102 (1)(a), (1)(c), (1)(e), or (1)(f), has served thirty years of his or her sentence and successfully completed the program, unless rebutted by relevant evidence, the presumptions described in subsections (8)(a)(I) and (8)(a)(II) of this section apply.(c) If the felony the person was charged with was murder in the first degree, as described in section 18-3-102, with the possible penalty of life without the possibility of parole, and the person was eighteen years of age or older but less than twenty-one years of age at the time of the commission of the offense, and the person entered a plea of guilty to a lesser felony offense and received a determinate sentence to the department with the possibility of parole, and the offender has served thirty-five calendar years of his or her sentence and successfully completed the program, unless rebutted by relevant evidence, the presumptions described in subsections (8)(a)(I) and (8)(a)(II) of this section apply.(d) For purposes of this subsection (8), "calendar year" means twelve consecutive months without any time credit deductions.(9) On and after January 1, 2018, during its annual presentation before the joint judiciary committee of the general assembly, or any successor joint committee, pursuant to section 2-7-203, C.R.S., the department shall include a status report regarding the progress and outcomes of the specialized program developed and implemented by the department pursuant to this section during the preceding year. The report, at a minimum, shall include: (a) A description of the specialized program, including the evidence-based and promising practices that are included in the specialized program;(b) The policies and procedures developed by the department to determine which eligible offenders may be placed in the specialized program;(c) The policies and procedures developed by the department to address the conduct of participants in the specialized program;(d) The location of the program and the number of beds available for specialized program participants;(e) The number of offenders selected to participate in the specialized program; the number of offenders who were denied placement in the specialized program, including the reasons for such denials; and the number of offenders who were removed from the specialized program and the reasons for their removal;(f) A summary concerning the staffing of the specialized program;(g) Information concerning the behavior patterns of the offenders in the specialized program;(h) The number of offenders who successfully completed the specialized program;(i) The number of specialized program participants who have been referred to the parole board for early parole; and(j) The number of specialized program participants who were granted early parole by the governor.Amended by 2021 Ch. 136, § 39, eff. 10/1/2021.Amended by 2021 Ch. 448, § 3, eff. 9/7/2021.Added by 2016 Ch. 352, § 2, eff. 8/10/2016.L. 2016: Entire article added, (SB 16-180), ch. 1441, p. 1441, § 2, effective August 10. L. 2021: (1), (4), IP(8)(a), and (8)(b) amended and (8)(c) and (8)(d) added, (HB 21-1209), ch. 2950, p. 2950, § 3, effective September 7; (1) amended, (SB 21-059), ch. 718, p. 718, § 39, effective October 1.(1) Subsection (5)(b) provided for the repeal of subsection (5), effective December 1, 2017. (See L. 2016, p. 1441.)
(2) Amendments to subsection (1) by HB 21-1209 and SB 21-059 were harmonized.
2021 Ch. 448, was passed without a safety clause. See Colo. Const. art. V, § 1(3).