Colorado § 19-2.5-1106 - Sentencing - probation - supervised community service or work program.

§ 19-2.5-1106. Sentencing - probation - supervised community service or work program.

(1) Except as otherwise provided in section 19-2.5-1127 for an aggravated juvenile offender:

(a) The court may place the juvenile on probation or under protective supervision in the legal custody of one or both of the juvenile's parents or guardian under such conditions as the court may impose;

(b) The court may place the juvenile on probation and place the juvenile in the juvenile intensive supervision program created pursuant to section 19-2.5-1409;

(c) The court may require as a condition of probation that the juvenile report for assignment to a supervised work program, place the juvenile in a child care facility that provides a supervised work program, or require that the juvenile's custodial parent or guardian assist the juvenile in participating in a supervised work program, if:

(I) The juvenile is not deprived of the schooling that is appropriate to the juvenile's age, needs, and specific rehabilitative goals;

(II) The supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the juvenile's age level and physical ability, and is combined with counseling from a juvenile probation officer or other guidance personnel; and

(III) The supervised work program assignment is made for a period of time consistent with the juvenile's best interest, but not exceeding one hundred eighty days.

(2) Except as set forth in subsection (1) of this section, as a condition of a deferral of adjudication or of probation, in conjunction with other dispositional orders, or otherwise, the court may order the juvenile to participate in a supervised community service or community work program if the court finds that the program will promote the purposes of this title 19 as set forth in section 19-1-102.

(3) Participation by the juvenile, or by both the juvenile and the juvenile's parent or guardian, in a community service or work program may be ordered in addition to or in conjunction with an order to pay restitution pursuant to section 19-2.5-1104 or 19-2.5-1110.

(4) With the written consent of the victim of the juvenile's delinquent act, the juvenile, or both the juvenile and the custodial parent, the juvenile's parent who has parental responsibilities, or the juvenile's guardian may be ordered to perform work for the victim.

(5) Any order issued by the court pursuant to this section must be structured to allow the juvenile to continue regular school attendance and any employment, if appropriate, and must be suitable to the juvenile's age and abilities. The amount of community service or work ordered must be reasonably related to the seriousness of the juvenile's delinquent act.

(6) The court may order any agency or person supervising a juvenile in a community service or work program to advise the court concerning the juvenile's participation in the program in such manner as the court requires.

(7) The court may order, as a condition of probation, that the juvenile be placed out of the home in a residential child care facility providing a supervised work program or that the juvenile in such facility report to a supervised work program if the court finds the following:

(a) That the juvenile will not be deprived of the education that is appropriate to the juvenile's age, needs, and specific rehabilitative goals;

(b) That the supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the juvenile's age level and physical ability, and is combined with counseling from a probation officer or other guidance personnel; and

(c) That the supervised work program assignment is made for a period of time consistent with the juvenile's best interest but not exceeding one hundred eighty days.

(8) The probation department of the court is responsible for establishing and identifying suitable work programs and assignments. Boards of county commissioners, county sheriffs, and political subdivisions shall cooperate to establish work programs. The cooperation of suitable nonprofit organizations and other entities may be sought to establish suitable work programs.

(9) For purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, "public employee" does not include any juvenile who is ordered to participate in a work or community service program pursuant to this section.

(10) A governmental entity or cooperating nonprofit organization is not liable pursuant to the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, or pursuant to the "Colorado Employment Security Act", articles 70 to 82 of title 8, for any benefits on account of any juvenile who is ordered to participate in a work or community service program pursuant to this section, but nothing in this subsection (10) prohibits a governmental entity or cooperating nonprofit organization from electing to accept the provisions of the "Workers' Compensation Act of Colorado" by purchasing and keeping in force a policy of workers' compensation insurance covering the person.

(11) A general public liability insurance policy obtained to cover juveniles performing work or community service pursuant to this section and to provide coverage for injuries caused to or by juveniles performing work or community service pursuant to this section must be in a sum of not less than the current limit on government liability under the "Colorado Governmental Immunity Act", article 10 of title 24.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 638, § 2, effective October 1.

Editor's note: This section is similar to former §§ 19-2-913 and 19-2-308 as they existed prior to 2021.

ANNOTATION

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) (decided under former law).