Colo. Rev. Stat. § 19-2.5-402

Current through 11/5/2024 election

Section 19-2.5-402 - Juvenile diversion program - authorized - report - allocation of money - legislative declaration - definitions

(1)

(a) In order to more fully implement the stated objectives of this title 19, the general assembly declares its intent to establish a juvenile diversion program that integrates restorative justice practices to provide community-based alternatives to the formal court system to reduce juvenile crime and recidivism and improve positive juvenile outcomes, change juvenile offenders' behavior and attitudes, promote juvenile offenders' accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by juvenile crime, and reduce the costs within the juvenile justice system.

(b) Research has shown that court involvement for juveniles not identified as a risk of harm to others is harmful, and most low-risk juveniles grow out of their behavior and stop reoffending without system intervention.

(c) The goals of the diversion programs are to:

(I) Prevent further involvement of a juvenile in the formal legal system;

(I.5) Consider a juvenile who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental or behavioral health issue, or lack of mental capacity, and divert the juvenile out of the juvenile justice system and into a community treatment program;

(II) Provide an eligible juvenile with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the juvenile's risk of reoffending;

(III) Serve the best interest of a juvenile while emphasizing acceptance of responsibility and repairing any harm caused to victims and communities;

(IV) Reduce recidivism and improve positive outcomes for each juvenile through the provision of services, if warranted, that address the juvenile's specific needs and are proven effective; and

(V) Ensure appropriate services are available for all eligible juveniles.

(2) The division of criminal justice of the department of public safety, referred to in this section as the "division of criminal justice", is authorized to establish and administer a juvenile diversion program that seeks to divert juveniles from the juvenile justice system and integrate restorative justice practices. To effectuate the program, the division shall allocate money within each judicial district and may contract with district attorneys' offices, governmental units, and nongovernmental agencies for reasonable and necessary expenses and services to serve each judicial district to divert juveniles and provide services, if warranted, for each eligible juvenile through community-based programs providing an alternative to entry into the formal legal system, a petition filed pursuant to section 19-2.5-502, or an adjudicatory hearing pursuant to section 19-2.5-907.

(3) For purposes of this section:

(a) "Director" means the executive director of the department of public safety.

(b) "Diversion" is defined in section 19-2.5-102.

(c) "Governmental unit" means any county, city and county, city, town, district or judicial attorney's office, or school district.

(d) "Nongovernmental agency" means a person, private nonprofit agency, corporation, association, or other nongovernmental agency.

(d.5) "Restorative justice" has the same meaning as set forth in section 19-1-103.

(e) "Services" may include, but are not limited to, provision of diagnostic needs assessment, general counseling and counseling during a crisis situation, behavioral health services, services for juveniles with developmental disabilities, specialized tutoring, job training and placement, restitution programs, community service, constructive recreational activities, day reporting and day treatment programs, and follow-up activities.

(4) District attorneys' offices or the office's designees shall:

(a) On and after January 1, 2021, conduct a risk screening using a risk screening tool selected pursuant to section 24-33.5-2402 (1)(c), as it existed prior to its repeal in 2022, for all juveniles referred to the district attorney pursuant to section 19-2.5-201, unless the juvenile is currently committed or on parole, a determination has already been made to divert the juvenile, or the district attorney declines to file charges, dismisses the case, or charges the juvenile with a class 1 or class 2 felony. The district attorney's office shall conduct the risk screening or contract with an alternative agency that has been formally designated by the district attorney's office to conduct the screening, in which case the results of the screening must be made available to the district attorney's office. The entity conducting the screening shall make the results of the risk screening available to the juvenile and the juvenile's family. All individuals using the risk screening tool must receive training on the appropriate use of the tool. The risk screening tool is for informing decisions about diversion. The risk screening tool and any information obtained from a juvenile in the course of any screening, including any admission, confession, or incriminating evidence, obtained from a juvenile in the course of any screening or assessment in conjunction with proceedings pursuant to this section or made in order to participate in a diversion or restorative justice program is not admissible into evidence in any adjudicatory hearing in which the juvenile is accused and is not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.

(a.5) Use the results of the risk screening to inform eligibility for participation in a juvenile diversion program and the level and intensity of supervision for juvenile diversion;

(b) Repealed. / (Deleted by amendment, L. 2021.)

(b.5) Consider the use of diversion to prevent a juvenile who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity from further involvement in formal delinquency proceedings.

(c) Not deny diversion to a juvenile based on the juvenile's:

(I) Ability to pay;

(II) Previous or current involvement with the state or county departments of human or social services;

(III) Age, race or ethnicity, gender, gender identity, gender expression, or sexual orientation;

(IV) Legal representation; or

(V) Behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity, unless the behaviors or symptoms are so severe that the juvenile cannot understand or participate in diversion.

(c.5) In a case in which a juvenile demonstrates behaviors or symptoms that are so severe that the juvenile cannot understand or participate in diversion, consider all available alternatives, including, but not limited to, referral to the state department or a collaborative management program in lieu of adjudication if it is likely that a juvenile would be found incompetent and unlikely to be restored in the foreseeable future.

(d) Align the juvenile diversion program's policies and practices with evidence-based practices and with the definition of "diversion" pursuant to section 19-2.5-102;

(e) Collect and submit data to the division of criminal justice pursuant to subsection (5) of this section; and

(f) Establish and make public any eligibility criteria for participation in a juvenile diversion program and use the results of the risk screening to make decisions on eligibility criteria.

(4.5) Diversion programs may use the results of an approved validated assessment tool to inform:

(a) The level and intensity of supervision for juvenile diversion;

(b) The length of supervision for juvenile diversion; and

(c) What services, if any, may be offered to the juvenile. Professionals involved with the juvenile's needs, treatment, and service planning, including district attorneys, public defenders, probation, behavioral health treatment providers, providers who offer services to juveniles for developmental disabilities, and state and local governmental entities, such as the state department of human services and county departments of human or social services, nongovernmental agencies, and individuals collaborating to provide appropriate diversion services.

(5)

(a) The division of criminal justice, in collaboration with district attorneys or diversion program directors who accept formula money and programs providing juvenile diversion services, shall establish minimum data collection requirements and outcome measures that each district attorney's office, governmental unit, and nongovernmental agency shall collect and submit annually for all juveniles referred to the district attorney pursuant to section 19-2.5-201. The data summary must include, at a minimum:

(I) Demographic data on age, race or ethnicity, gender, sexual orientation, and gender identity;

(II) Risk screening conducted;

(III) Risk level as determined by the risk screening or, if a screening was not completed, the reason why a screening was not completed;

(IV) Offense;

(V) Diversion status;

(VI) Service participation and whether the service was provided by community partners or in-house;

(VII) Program completion data;

(VIII) Referral to restorative justice services;

(IX) Child welfare involvement; and

(X) Identifying data necessary to track the long-term outcomes of diverted juveniles.

(b) Notwithstanding the requirements of section 19-1-303 to the contrary, on or before August 1, 2021, and continuing every August 1 thereafter, each district attorney shall report to the division of criminal justice the name and demographic data for any juvenile who was granted juvenile diversion for a ticket, summons, or offense since the date of the previous report. The demographic data must include age, race and ethnicity, gender, sexual orientation, and gender identity. The reports must cover the state fiscal years from July 1 through June 30.

(c) On or before August 1, 2021, and every August 1 thereafter, each agency that receives diversion money pursuant to subsection (7) of this section shall report on the number of juveniles who were screened for eligibility for diversion since the date of the previous report but subsequently rejected. The report must include, at a minimum, demographic data such as age, race and ethnicity, gender, sexual orientation, and gender identity. The reports must cover the state fiscal years from July 1 through June 30.

(d) For the purposes of this subsection (5), when collecting demographic data from a youth, district attorneys' offices, governmental units, and nongovernmental agencies shall provide the youth with an option to decline to disclose demographic information.

(6)

(a) In collaboration with the division of criminal justice in the department of public safety, each program providing services pursuant to this section shall develop objectives and report progress toward such objectives as required by rules promulgated by the director.

(b) The director shall regularly monitor these diversion programs to ensure that progress is being made to accomplish the objectives of this section. The division of criminal justice shall offer technical assistance to district attorneys' offices, governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data and to support program development and adherence to program requirements. The division of criminal justice shall provide annual program-level reports to district attorneys' offices and submit a consolidated statewide report annually to the governor and to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. Notwithstanding section 24-1-136 (11)(a)(I), these reports continue indefinitely.

(7) The formula established by the division of criminal justice in the department of public safety must be used to allocate money within each judicial district in the state of Colorado for juvenile diversion programs. The division of criminal justice in the department of public safety shall review the formula every three years. The division of criminal justice shall prioritize funding for programs that include restorative justice practices. The division of criminal justice may contract with district attorneys' offices, governmental units, and nongovernmental agencies for reasonable and necessary expenses for services to serve each judicial district to utilize in diverting juveniles and to provide services, if warranted, for eligible juveniles through community-based programs that provide an alternative to entry into the formal legal system, a petition filed pursuant to section 19-2.5-502, or an adjudicatory hearing held pursuant to section 19-2.5-907.

(8)

(a) The director may implement a behavioral or mental health screening program to screen juveniles who participate in the juvenile diversion program. If the director chooses to implement a behavioral or mental health screening program, the director shall use the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b), as it existed prior to its repeal in 2022, and conduct the screening in accordance with procedures established pursuant to that section.

(b) Prior to implementation of a behavioral or mental health screening program pursuant to this subsection (8), if implementation of the program would require an increase in appropriations, the director shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health screening program. If implementation of the behavioral or mental health screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request.

(9)

(a) The division of criminal justice in the department of public safety shall review, and approve if appropriate, any assessment instrument for use pursuant to subsection (4.5) of this section.

(b) The division of criminal justice in the department of public safety shall reevaluate any instrument approved pursuant to subsection (9)(a) of this section at least once every three years.

C.R.S. § 19-2.5-402

Amended by 2024 Ch. 30,§ 1, eff. 3/22/2024.

Amended by 2022 Ch. 79, § 5, eff. 12/31/2022.

Renumbered from C.R.S. § 19-2-303 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.

Amended by 2021 Ch. 156, § 20, eff. 9/7/2021.

Amended by 2021 Ch. 64,§ 6, eff. 4/29/2021.

Amended by 2021 Ch. 64,§ 2, eff. 4/29/2021.

Amended by 2019 Ch. 294, § 7, eff. 7/1/2019.

Amended by 2017 Ch. 263, § 152, eff. 5/25/2017.

L. 2021: (1)(a), (2), (4), (5), and (6)(a) amended and (3)(d.5), (4.5), and (9) added, (SB 21-066), ch. 64, p. 254, § 2, effective April 29; (4)(c)(III) amended, (HB 21-1108), ch. 891, p. 891, § 20, effective September 7; entire article added with relocations, (SB 21-059), ch. 590, p. 590, § 2, effective October 1; (4)(b) repealed, (SB 21 -066), ch. 259, p. 259, § 6, effective October 1; (7) amended, (SB 21 -066), ch. 259, p. 259, § 7, effective 7/1/2023.

(1) This section is similar to former § 19-2-303 as it existed prior to 2021.

(2) (a) Subsections (1)(a), (2), (3)(d.5), (4), (4.5), (5), (6)(a), and (9) were numbered as § 19-2-303(1)(a), (2), (3) (d.5), (4), (4.5), (5), (6)(a), and (9) in SB 21-066 (see L. 2021, p. 254 ). Those provisions were harmonized with subsections (1)(a), (2), (3)(d.5), (4), (4.5), (5), (6)(a), and (9) of this section, respectively, as they appear in SB 21-059.

(b) Subsection (4)(c)(III) was numbered as § 19-2-303(4)(c)(III) in HB 21-1108 and SB 21-066. Those amendments were harmonized. Effective October 1, 2021, those amendments were harmonized with subsection (4)(c)(III) of this section as it appears in SB 21-059.

(3) (a) Section 8(2) of chapter 64 (SB 21-066), Session Laws of Colorado 2021, provides that section 6 of the act repealing subsection (4)(b) takes effect only if SB 21-059 becomes law and takes effect either upon the effective date of SB 21-066 or SB 21-059, whichever is later. SB 21-066 took effect April 29, 2021, and SB 21-059 became law and took effect October 1, 2021.

(b) Section 8(3) of chapter 64 (SB 21-066), Session Laws of Colorado 2021, provides that section 7 of the act amending subsection (7) takes effect July 1, 2023, only if SB 21-059 becomes law. SB 21-059 became law and took effect October 1, 2021.

2022 Ch. 79, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.