Colorado § 19-2.5-1110 - Sentencing - requirements imposed on parents - definition.

§ 19-2.5-1110. Sentencing - requirements imposed on parents - definition.

(1) In addition to any requirements specified in sections 19-2.5-1103 to 19-2.5-1106, 19-2.5-1111 to 19-2.5-1115, 19-2.5-1117, 19-2.5-1118, 19-2.5-1123, and 19-2.5-1126, any sentence imposed pursuant to section 19-2.5-1103 may require:

(a) The juvenile or both the juvenile and the juvenile's parent or guardian to perform volunteer service in the community designed to contribute to the juvenile's rehabilitation or to the ability of the parent or guardian to provide proper parental care and supervision of the juvenile;

(b) The juvenile's parent or guardian or both the parent or guardian and the juvenile to attend the parental responsibility training program described in section 19-2.5-1411. The court may make reasonable orders requiring proof of completion of the training course within a certain time period and may provide that any violation of such orders subjects the parent or guardian to the contempt sanctions of the court.

(c) The juvenile or both the juvenile and the juvenile's custodial parent or parent with parental responsibilities or guardian to perform services for the victim pursuant to section 19-2.5-1106, designed to contribute to the juvenile's rehabilitation, if the victim consents in writing to such services. However, the value of the services required to be rendered by the parent, guardian, legal custodian of, or parent with parental responsibilities with respect to the juvenile pursuant to this subsection (1)(c) must not exceed twenty-five thousand dollars for any one delinquent act.

(2) In addition to any sentence imposed pursuant to section 19-2.5-1103 or subsection (1) of this section and regardless of whether the court orders the juvenile to pay restitution pursuant to section 19-2.5-1104, the court may order:

(a) The juvenile's guardian or legal custodian or the parent allocated parental responsibilities with respect to the juvenile to make restitution to one or more victims pursuant to the terms and conditions set forth in this subsection (2); except that the liability of the juvenile's guardian or legal custodian or parent allocated parental responsibilities with respect to the juvenile pursuant to this subsection (2) must not exceed twenty-five thousand dollars for any one delinquent act. If the court finds, after a hearing, that the juvenile's guardian or legal custodian or the parent allocated parental responsibilities with respect to the juvenile has made diligent, good-faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the guardian or legal custodian or parent allocated parental responsibilities with respect to the juvenile of liability for restitution pursuant to this subsection (2).

(b) The juvenile's parent, so long as the parent is a party to the delinquency proceedings, to make restitution to one or more victims pursuant to the terms and conditions set forth in this subsection (2)(b); except that the liability of the juvenile's parent pursuant to this subsection (2)(b) must not exceed the amount of twenty-five thousand dollars for any one delinquent act. Notwithstanding the requirements of this subsection (2), the court may not enter an order of restitution against a juvenile's parent unless the court, prior to entering the order of restitution, holds a restitution hearing at which the juvenile's parent is present. If the court finds, after the hearing, that the juvenile's parent has made diligent, good-faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the parent of liability for restitution pursuant to this subsection (2)(b). For purposes of this subsection (2)(b), "parent" is defined in section 19-1-103.

(3) An order of restitution entered pursuant to this section may be collected pursuant to article 18.5 of title 16.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 646, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-919 as it existed prior to 2021.

ANNOTATION

Law reviews. For article, "Parental Financial Liability for Juvenile Delinquents", see 37 Colo. Law. 49 (Nov. 2008).

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

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).

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

Former subsection (4) (now subsection (2)) 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).

Court not authorized to order a jail sentence against a parent pursuant to this section. People v. J.M., 22 P.3d 545 (Colo. App. 2000).