Colorado § 19-2.5-1117 - Sentencing - commitment to the department of human services - definitions.

§ 19-2.5-1117. Sentencing - commitment to the department of human services - definitions.

(1) (a) Except as otherwise required in subsection (6) of this section and section 19-2.5-1127 for an aggravated juvenile offender, the court may commit a juvenile to the department of human services for a determinate period of up to two years if the juvenile is adjudicated for an offense that would constitute a felony or a misdemeanor if committed by an adult; except that, if the juvenile is younger than twelve years of age and is not adjudicated an aggravated juvenile offender, the court may commit the juvenile to the department of human services only if the juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if committed by an adult. If the court commits a justice-engaged student, as defined in section 22-108-102, to the department of human services for any offense that does not include a physical threat or bodily injury to another person, the court is encouraged to order that the commitment take place in a manner that allows the justice-engaged student to continue to attend school prior to commitment to avoid disruption of the justice-engaged student's academic progress and ability to achieve credits for a semester. When possible, the court may order commitment as follows:

(I) If the sentencing takes place in the fall semester, the justice-engaged student may remain in school to complete the fall semester and begin commitment at the beginning of the spring semester;

(II) If the sentencing takes place in the spring semester, the justice-engaged student may remain in school to complete the spring semester and begin commitment at the beginning of the summer semester; and

(III) If the sentencing takes place in the summer semester, the justice-engaged student may remain in school to complete the summer semester and begin commitment at the beginning of the fall semester.

(b) Any commitment to the department of human services pursuant to section 19-2.5-1127 or subsection (1)(a) of this section must be followed by a mandatory period of parole of six months, unless the period of parole is extended by the juvenile parole board pursuant to section 19-2.5-1203 (5).

(c) For purposes of this section:

(I) "Determinate period" is defined in section 19-2.5-102.

(II) "Period of parole" means the period between the parole period start date and the parole period end date as determined by the juvenile parole board. The period of parole applies to both mandatory six-month parole and extended parole pursuant to section 19-2.5-1203 (5). The period of parole continues unless the juvenile is deemed to be on escape status, parole has been suspended pursuant to section 19-2.5-1203, or the juvenile returns to commitment status pursuant to section 19-2.5-1206. In such circumstances, the period of parole stops until the juvenile has returned to parole status.

(d) Notwithstanding any other provision of this section, a local education provider retains the right to suspend or expel a justice-engaged student pursuant to sections 22-33-105 and 22-33-106.

(2) A juvenile committed to the department of human services may be placed in the Lookout Mountain school, the Mount View school, or any other training school or facility, or any other disposition may be made that the department may determine as provided by law.

(3) (a) When a juvenile is committed to the department of human services, the court shall transmit, with the commitment order, a copy of the petition, the order of adjudication, copies of the social study, any clinical or educational reports, and other information pertinent to the juvenile's care and treatment.

(b) The department of human services shall provide the court with any information concerning a juvenile committed to its care that the court at any time may require.

(4) (a) When a court commits a juvenile to the state department of human services pursuant to this article 2.5, the court shall make the following specific determinations:

(I) Whether placement of the juvenile outside the home would be in the juvenile's and community's best interest; and

(II) Whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home; whether it is reasonable that such efforts are not made because an emergency situation exists that requires the immediate removal of the juvenile from the home; or whether such efforts are not required because of circumstances described in section 19-1-115 (7).

(III) How to assist in the evaluation of the impact of Colorado's implementation of the federal "Family First Prevention Services Act" on the state's juvenile justice system and make a finding of whether the lack of available and appropriate congregate care placements is a contributing factor in committing a juvenile to the division of youth services.

(b) If a juvenile is making a transition from the legal custody of a county department of human or social services to commitment with the state department of human services, the court shall conduct a permanency hearing in combination with the sentencing hearing. The court shall consider multidisciplinary recommendations for sentencing and permanency planning. In conducting such a permanency hearing, the court shall make determinations pursuant to section 19-2.5-1116 (4)(a).

(5) (a) The department of human services shall designate receiving centers for juveniles committed to the department.

(b) If the department of human services makes a change in the designation of a receiving center, it shall notify the juvenile courts at least thirty-five days prior to the date that the change takes effect.

(6) (a) Pursuant to section 19-2.5-1103, commitment of a juvenile to the department of human services must be for a determinate period.

(b) (I) The juvenile court may commit any juvenile adjudicated as an aggravated juvenile offender pursuant to section 19-2.5-1127 for an offense other than an offense that would constitute a class 1 or class 2 felony if committed by an adult to the department of human services for a determinate period of up to five years.

(II) The juvenile court shall commit any juvenile adjudicated as an aggravated juvenile offender pursuant to section 19-2.5-1127 for an offense that would constitute a class 2 felony if committed by an adult to the department of human services for a determinate period of at least three but not more than five years.

(III) The juvenile court shall commit any juvenile adjudicated as an aggravated juvenile offender pursuant to section 19-2.5-1127 for an offense that would constitute a class 1 felony if committed by an adult to the department of human services for a determinate period of at least three but not more than seven years.

(c) The juvenile court may commit any juvenile who is not adjudicated an aggravated juvenile offender pursuant to section 19-2.5-1127 but who is adjudicated for an offense that would constitute a felony or a misdemeanor to the department of human services, and the determinate period of commitment must not exceed two years; except that, if the juvenile is ten or eleven years of age and is not adjudicated an aggravated juvenile offender pursuant to section 19-2.5-1127, the juvenile may be committed to the department of human services only if the juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if committed by an adult.

(7) (a) On or before January 1, 2021, the department of human services, in consultation with the committee on juvenile justice reform established pursuant to section 24-33.5-2401, as it existed prior to its repeal in 2022, shall develop a length of stay matrix and establish criteria to guide the release of juveniles from a state facility that are based on:

(I) A juvenile's risk of reoffending, as determined by the results of a validated risk and needs assessment adopted pursuant to section 24-33.5-2402 (1)(a), as it existed prior to its repeal in 2022;

(II) The seriousness of the offense for which the juvenile was adjudicated delinquent;

(III) The juvenile's progress in meeting treatment goals; and

(IV) Other criteria as determined by the department.

(b) In making release and discharge decisions, the department of human services shall use the matrix and release criteria developed pursuant to this subsection (7).

(8) For all hearings and reviews concerning a juvenile who is committed to the department of human services, the entity conducting the hearing or review shall ensure that notice is provided to the juvenile and to any of the following persons with whom the juvenile is placed:

(a) Foster parents;

(b) Pre-adoptive parents; or

(c) Relatives.

(9) The department of human services may petition the committing court to extend the commitment for an additional period not to exceed two years. The petition must set forth the reasons why it would be in the best interest of the juvenile or the public to extend the commitment. Upon filing the petition, the court shall set a hearing to determine whether the petition should be granted or denied and shall notify all interested parties.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 651, § 2, effective October 1. L. 2022: IP(7)(a), (7)(a)(I), and (7)(a)(IV) amended, (HB 22-1211), ch. 79, p. 395, § 9, effective December 31. L. 2024: (1)(a) amended and (1)(d) added, (HB 24-1216), ch. 314, p. 2115, § 4, effective August 7.

Editor's note: This section is similar to former §§ 19-2-909 and 19-2-921 (1), (1.5), (2), (3), (3.3), (3.5), and (4) as they existed prior to 2021.

Cross references: For the federal "Family First Prevention Services Act", see Pub.L. 115-123.

ANNOTATION

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

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).

Juvenile court correctly noted that the maximum sentence the juvenile court can impose under the Colorado Children's Code in the first instance is two years. People v. Rivera, 968 P.2d 1061 (Colo. App. 1997).