Develop a data-driven, cross-disciplinary, comprehensive juvenile services plan addressing the full juvenile justice continuum in each judicial district by undertaking the following:

- In §19-2-211, C.R.S., expand the local Juvenile Services Planning Committee (JSPC) responsibilities to include the development of a data-driven three-year plan, with annual updates, targeting the full juvenile justice continuum in each judicial district;

- In §19-2-212, C.R.S., require the state Working Group  defined therein to identify the specific components of the data-driven plan; and

- In §39-28.8-501, C.R.S., authorize the use of existing marijuana tax revenue distributed to Senate Bill 1991-94 to support data-driven plan development and implementation by judicial districts.

Amend §19-3-304, C.R.S. to include §19-3-304.1 (Persons Required to Report Institutional Abuse). The statute (§19-3-304, C.R.S.) that obligates certain professionals to report child abuse/neglect to child protective services or law enforcement applies only to youth up to the age of 18. Given the age range in the new definition of institutional abuse (under 21 years of age, pursuant to H.B. 2018-1346), an important gap exists in the protection of youth in facilities who are not covered by the current mandatory reporting statute. The new section would introduce provisions to require mandatory reporting of institutional abuse for youth under 21 years of age.

Define crossover youth  and crossover plan in statute and require each local Juvenile Services Planning Committee, established in C.R.S. 19-2-211, to devise a crossover plan for the identification and notification of cases involving crossover youth.

I. Add crossover youth definitions to 19-1-103 C.R.S.

II. Add a new section to 19-2-211 C.R.S. numbered 19-2-211.5 C.R.S.

Require the Juvenile Service Planning Committee in each judicial district to adopt a plan for identifying and notifying the human/social services representatives, probation representatives, S.B. 94 coordinators, juvenile court representatives, public defenders, district attorneys, parents and guardians ad litem of a youth ‘s crossover status.

III. Add language to 24-1.9-102 (1)(e) C.R.S. (Collaborative Management Statute)

Explicitly include and permit local Collaborative Management Programs to establish memorandum of understanding with the local Juvenile Services Planning Committees for the coordination of services for crossover youth.

IV. Add a new section to Title 19 Article 2 C.R.S.

Require the court to consider a youth's crossover status at all stages of the proceedings (i.e., pre and post adjudication) and not be used against the youth in a manner contrary to the principles informing the crossover youth practice model.

Authorize the utilization of existing marijuana tax revenue distributed to Senate Bill 1991-94 entities to allow these funds to be used to support the development and implementation of local crossover youth plans and services.

The Colorado Department of Human Services, Division of Child Welfare, should promulgate rules that provide guidance on permanency planning  to county departments of social/human services under Social Service Rules Volume 7. These rules should provide guidance to counties in circumstances involving a legally free youth (where parental rights have been terminated and there is no legal guardianship) who is either returning to county custody after a period of DYS commitment or is projected to emancipate from the Division of Youth Services (DYS).

The Commission on Criminal and Juvenile Justice supports agencies within the Executive and Judicial branches of government, and agencies involved in critical decisions of case processing and treatment of juvenile offenders, committing to and participating in the creation of statewide juvenile professional development practices as directed by the state's Juvenile Justice and Delinquency Prevention Council.  We recommend the following timeline:

- Phase 1 (September 1, 2014 – September 30, 2015):  Commit to and participate in the creation of statewide juvenile professional development practices.

This proposal to revise 18-13-122 is designed to support education and treatment, as necessary and appropriate, for illegal use of alcohol and marijuana for those persons under the age of 21. Criminal sanctions are NOT the primary consideration underlying these revision recommendations. It is not the intent of this recommendation to increase currently existing penalties for marijuana, but, rather, to treat alcohol and marijuana similarly under Colorado law.

Revise the Enforcement of Compulsory School Attendance statute to address issues including the definition of absence, policies and procedures regarding attendance, identification of at-risk students, truancy charges, and parental roles.

Revise the language of the current section of the sex offender deregistration statute 16-22-113 (1)(e) as follows:

 

(e) EXCEPT AS OTHERWISE PROVIDED IN SECTION (1.3)(B)(II), if the person was younger than eighteen years of age at the time of disposition or adjudication, THE COMMISSION OF THE OFFENSE, after the successful completion of and discharge from the A JUVENILE sentence OR DISPOSITION, AND if the person prior to such time has not been subsequently convicted of OR HAS A PENDING PROSECUTION FOR, of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (b) of subsection (1.3) of this section. Any person petitioning pursuant to this paragraph (e) may also petition for an order removing his or her name from the sex offender registry. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior. The court shall base its determination on recommendations from the person's probation or community parole officer, the person's treatment provider, and the prosecuting attorney for the jurisdiction in which the person was tried and on the recommendations included in the person's presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding the provisions of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section 19-2-105, C.R.S., if any.

Revise 18-8-208 Escapes to provide that an adjudicated juvenile who turns 18 while in custody, but is not in custody in a state-operated facility, commits a class 3 misdemeanor rather than a felony if convicted of an escape.

School boards to provide education and materials to juvenile detention facilities as outlined in the Colorado model content standard* by revising CRS 19-2-402(3)(a) as follows:

The school boards of the school districts that a juvenile detention facility serves or in which the juvenile detention facility is located shall satisfy the requirements as defined by C.R.S. 22-33-104** and shall furnish teachers, materials, and content that are designed to meet the Colorado model content standards.

 

*A brief explanation of such standards can be found at http://www.cde.state.co.us/standardsandinstruction/.

**C.R.S. 22-33-104 as amended is commonly known as the Compulsory School Attendance Law.

Create a simultaneous termination hearing/de-registration process for those juvenile offenders currently eligible for de-registration under 16-22-113(e), CRS.

Expand the eligibility for the Youthful Offender System (YOS) to persons who commit a crime prior to their 20th birthday and are sentenced prior to their 21st birthday.  

Clarify that a juvenile conviction can be sealed following adjudication as a juvenile, although charges were initially filed in adult court (direct file).