Colorado § 19-2.5-1103 - Sentencing schedule - options.

§ 19-2.5-1103. Sentencing schedule - options.

(1) Upon completion of the sentencing hearing pursuant to section 19-2.5-1102, the court shall enter a decree of sentence or commitment imposing any of the following sentences or combination of sentences, as appropriate:

(a) Commitment to the department of human services pursuant to section 19-2.5-1117;

(b) Confinement in the county jail or in community corrections pursuant to section 19-2.5-1118;

(c) Detention pursuant to section 19-2.5-1123;

(d) Placement of legal custody of the juvenile with a relative or other suitable person pursuant to section 19-2.5-1112;

(e) Probation pursuant to section 19-2.5-1106;

(f) Commitment to the community accountability program pursuant to section 19-2.5-1111;

(g) Placement of legal custody of the juvenile in the county department of human or social services or a child placement agency pursuant to section 19-2.5-1115;

(h) Placement of the juvenile in a hospital or other suitable facility for receipt of special care pursuant to section 19-2.5-1114;

(i) Imposition of a fine pursuant to section 19-2.5-1105;

(j) Ordering the juvenile to pay restitution pursuant to section 19-2.5-1104;

(k) Ordering the juvenile to complete an anger management treatment program or any other appropriate treatment program pursuant to section 19-2.5-1122;

(l) Participation in an evaluation to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile's sentence; except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior, as defined in section 16-22-102 (9); a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1); stalking, as defined in section 18-3-602; or violation of a protection order, as defined in section 18-6-803.5. If the court orders participation in restorative justice practices, the facilitator shall provide these services for a fee of no more than one hundred twenty-five dollars based on a sliding scale consistent with guidelines used to determine eligibility for appointment of counsel. The court shall not include payment of this fee as part of any court order. Nothing in this subsection (1)(l) requires a victim to participate in a restorative justice victim-offender conference.

(2) The judge shall sentence any juvenile adjudicated as a special offender pursuant to section 19-2.5-1126.

(3) Any sentence imposed on a juvenile pursuant to this section may include the juvenile's parent or guardian pursuant to section 19-2.5-1110.

(4) If, as a condition of or in connection with any sentence imposed pursuant to this section, the court requires a juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement.

(5) (a) Except as otherwise set forth in section 19-2.5-1127 for an aggravated juvenile offender, if the court finds that placement out of the home is necessary and is in the best interests of the juvenile and the community, the court shall place the juvenile, following the criteria established pursuant to section 19-2.5-1404, in the facility or setting that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. In making its decision as to proper placement, the court shall utilize the evaluation for placement prepared pursuant to section 19-1-107 or the evaluation for placement required by section 19-1-115 (8)(e). Any placement recommendation in the evaluation prepared by the county department of human or social services must be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. A recommendation prepared by the county department of human or social services must set forth specific facts and reasons for the placement recommendation. If the evaluation for placement recommends placement in a facility located in Colorado that can provide appropriate treatment and that will accept the juvenile, then the court shall not place the juvenile in a facility outside this state. If the court places the juvenile in a facility located in Colorado other than one recommended by the evaluation for placement, in a facility located outside this state in accordance with the evaluation for placement, or in a facility in which the average monthly cost exceeds the amount established by the general assembly in the general appropriation bill, it shall make specific findings of fact, including the monthly cost of the facility in which the juvenile is placed, relating to its placement decision. A copy of the findings must be sent to the chief justice of the supreme court, who shall, notwithstanding section 24-1-136 (11)(a)(I), report monthly to the joint budget committee and annually to the house and senate committees on health and human services, or any successor committees, on such placements. If the court commits the juvenile to the state department of human services, it shall not make a specific placement, nor is this subsection (5) relating to specific findings of fact applicable.

(b) If the court sentences a juvenile to an out-of-home placement funded by the state department of human services or any county, or commits a juvenile to the state department of human services, and the receiving agency determines that the placement or commitment does not follow the criteria established pursuant to section 19-2.5-1404, including the placement recommended by the receiving agency, the receiving agency may, after assessing the juvenile's needs, file a petition with the court for reconsideration of the placement or commitment. The petition must be filed not later than thirty-five days after the placement or commitment. The court shall hear the petition and enter an order thereon not later than thirty-five days after the filing of the petition, and after notice to all agencies or departments that might be affected by the resolution of the petition, and after all such agencies or departments have had an opportunity to participate in the hearing on the petition. Failure of any such agency or department to appear may be a basis for refusal to accept a subsequent petition by the agency or department that had an opportunity to appear and be present at the original petition hearing. The notification to the parties required pursuant to this subsection (5)(b) must be made by the petitioning party, and proof of the service must be filed with the court. If the court sentences a juvenile to an out-of-home placement funded by the county department of human or social services, temporary legal custody of the juvenile must be placed with the county department of human or social services, and the placement recommended by the county department must be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. Any deviation from the recommendation must be supported by specific findings on the record of the case detailing the specific extraordinary circumstances that constitute the reasons for deviations from the placement recommendation of the county department of human or social services.

(6) Repealed.

(7) The juvenile court in each judicial district may implement a behavioral or mental health disorder screening program to screen juveniles sentenced pursuant to this part 11. If the juvenile court chooses to implement a behavioral or mental health disorder screening program, the juvenile court shall use the standardized behavioral or mental health disorder screening developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to section 16-11.9-102.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 635, § 2, effective October 1; (1)(l) amended and (6) repealed, (HB 21-1315), ch. 461, p. 3118, § 28, effective October 1.

Editor's note: This section is similar to former § 19-2-907 as it existed prior to 2021.

Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

ANNOTATION

Law reviews. For article, "Commitment of Misdemeanants to the Colorado State Reformatory", see 29 Dicta 294 (1952). For article, "One Year Review of Domestic Relations", see 40 Den. L. Ctr. J. 115 (1963). For article, "Towards a More Practical Central Registry", see 51 Den. L.J. 509 (1974). For article, "Review of New Legislation Relating to Criminal Law", see 11 Colo. Law. 2148 (1982). For article, "Toward an Integrated Theory of Delinquency Responsibility", see 60 Den. L.J. 485 (1983).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Jurisdiction of court to determine placement. It is within the exclusive jurisdiction of the court to determine the placement of a child adjudicated neglected, dependent, or delinquent. State Dept. of Soc. Servs. v. Arapahoe County Dept. of Soc. Servs., 642 P.2d 16 (Colo. App. 1981).

Incarceration, if any is to be decreed, is to be as provided in this section. Martinez v. People, 150 Colo. 374, 372 P.2d 947 (1962) (decided under former § 22-8-11, C.R.S. 1963).

Trial court cannot impose a more severe penalty upon a juvenile adjudicated a delinquent child than such child could have received as an adult for commission of the same offense. People in Interest of A.L., 713 P.2d 934 (Colo. App. 1985).

Acts not grounds for delinquency do not support commitment to institution for delinquents. It would be contrary to the obvious legislative intent to allow a child to be committed to an institution for juvenile delinquents where the only acts alleged, violation of child in need of supervision probation, were those which were not, in and of themselves, grounds for an adjudication of delinquency and for which the statute already provides a comprehensive and complete procedure for review and punishment. People in Interest of D.R. v. E.R., 29 Colo. App. 525, 487 P.2d 824 (1971).

Exclusive placement power in department. When the terms of this section are given their ordinary and generally accepted meaning, it appears that the general assembly has bestowed upon the department of institutions the exclusive power to place a delinquent in a particular facility once that child has been committed by the court to the department. Leidig v. Delaney, 189 Colo. 186, 539 P.2d 1264 (1975).

Trial court, once having committed an individual to the custody of the department of institutions pursuant to § 19-2-703 (1)(a), may not limit the department's discretion regarding placement of that individual. McDonnell v. Juvenile Court, 864 P.2d 565 (Colo. 1993).

Consecutive terms not authorized. In absence of express authorization in the Colorado Children's Code, court lacks authority to impose consecutive terms of commitment upon one adjudicated both a "repeat juvenile offender" and a "mandatory sentence offender". S.G.W. v. People, 752 P.2d 86 (Colo. 1988).

Trial court erred in interpreting subsection (1) as allowing the combination of a one-year term of commitment followed by a one-year term of probation. Although the aggregate length of the combined sentence imposed by the court did not exceed two years, the period of commitment exceeded the 45-day aggregate maximum described in § 19-2-925 (1)(a). People in Interest of J.S.R., 2014 COA 98M, 338 P.3d 1088.

This section and § 19-2-908 (1)(a) can be harmonized and applied together when any combined sentence to commitment and probation limits the term of commitment to no more than 45 days. People in Interest of J.S.R., 2014 COA 98M, 338 P.3d 1088.

The sentencing options listed in this section are applicable to mandatory sentence offenders. Section 19-2-908 is a supplement to, not a substitute for, this section. People in Interest of J.S.R., 2014 COA 98M, 338 P.3d 1088.

Child must first be adjudicated as delinquent before being placed on probation. People in Interest of F.D., 735 P.2d 496 (Colo. App. 1987).

Where a person is adjudicated a delinquent child at age 17 and is 18 at the time of the dispositional order, equal protection is not violated where the juvenile court retains jurisdiction and proceeds with disposition, even though similarly situated adults are subject to different sanctions contained in the Criminal Code. People in Interest of M.C., 774 P.2d 857 (Colo. 1989).

A court may place legal custody with the department of human services only if, concurrently, physical placement outside the home is authorized. People in Interest of C.A.G., 903 P.2d 1229 (Colo. App. 1995).

Authority to commit to juvenile group care facilities or training schools. Juvenile courts have statutory authority to commit adjudicated delinquents to juvenile group care facilities or training schools under the supervision of the department of institutions. People v. A.F., 192 Colo. 207, 557 P.2d 418 (1976).

But not to impose limited confinement in county jail as probation condition. A juvenile court does not have the statutory authority to impose a limited or partial confinement in county jail as a condition of probation for a juvenile under 18 years of age. People v. A.F., 192 Colo. 207, 557 P.2d 418 (1976).

Implicit in the statutory grant of former subsection (1)(d) is the converse, that a juvenile court may not impose a jail sentence on those younger than 18 years of age. People v. A.F., 192 Colo. 207, 557 P.2d 418 (1976).

The custodial placement sentencing option of former subsection (1)(d) is not available for violent juvenile offenders because the plain language of former subsection (2) specifically states that the judge shall sentence any juvenile adjudicated as a special offender as provided in § 19-2-908. Thus, the availability of a custodial placement sentence for a violent juvenile offender depends entirely on whether such a sentence is authorized by § 19-2-908 (1)(c)(I)(A). People ex rel. P.C., 80 P.3d 942 (Colo. App. 2003).

Three overriding requirements must be met before a restitution order can be valid: The person who is required to pay restitution must receive adequate notice that the victim or the victim's family claims damages, there must be notice of the amount of restitution requested, and the person obligated to pay must be given the opportunity to controvert the victim's claimed monetary damages. People in Interest of J.L.R., 895 P.2d 1151 (Colo. App. 1995).

Restitution order was entered without adequate notice or an opportunity to be heard since the parent did not receive notice of her potential liability nor of her opportunity to challenge the validity of the amounts sought. People in Interest of J.L.R., 895 P.2d 1151 (Colo. App. 1995).

Under mandatory provisions of former § 19-2-703 (4) requiring the court to order restitution, the ability of juvenile to pay at the time restitution is ordered is irrelevant. People in Interest of A.R.M., 832 P.2d 1093 (Colo. App. 1992).

Restitution order is reasonable if it gives the juvenile sufficient latitude to comply at some time in the future. People in Interest of A.R.M., 832 P.2d 1093 (Colo. App. 1992).

Inability to pay bars enforcement of a restitution order only if it is the basis for revocation of probation. People in Interest of A.R.M., 832 P.2d 1093 (Colo. App. 1992).

Incarceration of juvenile not a bar to imposition of restitution order. People in Interest of A.R.M., 832 P.2d 1093 (Colo. App. 1992); People v. T.R., 860 P.2d 559 (Colo. App. 1993).

Court must make findings of the reasonableness of the restitution amount and the reasonableness of the repayment terms at the time restitution is ordered. People in Interest of A.R.M., 832 P.2d 1093 (Colo. App. 1992).

Court may consider family circumstances as well as the juvenile's potential ability to pay after release from incarceration in considering whether restitution would cause serious hardship or injustice to the juvenile. People in Interest of A.R.M., 832 P.2d 1093 (Colo. App. 1992).

Payment of restitution to victim's insurer. The broad statutory requirement that a delinquent child must pay "for any damage done to persons or property" fully authorizes a district court's order that the delinquent make restitution to the victim's insurer. People in Interest of P.J.N., 664 P.2d 245 (Colo. 1983).

Legislative intent underlying this section is that whenever possible, restitution should be required. People v. T.R., 860 P.2d 559 (Colo. App. 1993).

Restitution serves society's interest by encouraging juveniles to be responsible for the damage they cause. People in Interest of A.R.M., 832 P.2d 1093 (Colo. App. 1992); People v. T.R., 860 P.2d 559 (Colo. App. 1993).

Restitution decree within limits imposed by law and supported by evidence. People in Interest of M.H., 661 P.2d 1195 (Colo. App. 1983).

Restitution order upon juvenile who was adjudicated delinquent in proceeding arising from auto accident was proper even though he served a full sentence of incarceration and restitution was not part of conditional release. People v. T.R., 860 P.2d 559 (Colo. App. 1993).

Trial court cannot order juvenile who was adjudicated delinquent in proceeding arising from auto accident to pay restitution to the victim's automobile insurer because the insurer had no right to subrogation to sue the juvenile civilly under § 10-4-713, the no-fault insurance act. People v. T.R., 860 P.2d 559 (Colo. App. 1993).

Former § 19-2-703 (4) and § 13-21-107 (2) do not limit a parent's restitution obligation to $3,500 per delinquent act; rather, the "one delinquent act" limitation in that subsection, when read in conjunction with the "any person" language in § 13-21-107 provides that parental restitution payments cannot exceed $3,500 to each person entitled to restitution as a result of each delinquent act. People in Interest of J.L.R., 895 P.2d 1151 (Colo. App. 1995).

Applied in People in Interest of R.A.D., 196 Colo. 430, 586 P.2d 46 (1978); Lovato v. Dist. Court, 198 Colo. 419, 601 P.2d 1072 (1979); People in Interest of R.R., 43 Colo. App. 208, 607 P.2d 1013 (1979); People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981); People v. M.A.W., 651 P.2d 433 (Colo. App. 1982); People in Interest of M.A.G., 732 P.2d 649 (Colo. App. 1986).