SENATE 3rd Reading Unamended April 26, 2012 SENATE Amended 2nd Reading April 24, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0561.01 Michael Dohr x4347 SENATE BILL 12-028 SENATE SPONSORSHIP Grantham, HOUSE SPONSORSHIP Barker, Senate Committees House Committees Judiciary Appropriations A BILL FOR AN ACT Concerning aggravated juvenile offenders adjudicated for murder. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) When a juvenile is adjudicated a delinquent for either murder in the first or second degree and adjudicated an aggravated juvenile offender, the court may sentence the juvenile consecutively or concurrently for all adjudicated offenses arising from the petition. Under current law, an aggravated juvenile offender whose custody is transferred to the department of corrections is subject to the adult parole provisions. The bill sets the period of parole for an aggravated juvenile offender who was adjudicated a delinquent for first degree murder at 20 years after the completion of his or her sentence. Under current law, when an aggravated juvenile offender who is under the jurisdiction of the department of human services reaches 20 years and 6 months of age, the court conducts a hearing to determine the offender's further placement. The bill requires the court to order a psychological evaluation before the hearing to determine if the juvenile is a danger to himself or herself or others. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 19-2-601, amend (6) (b) and (8); and add (5) (a) (I) (D) and (10) as follows: 19-2-601. Aggravated juvenile offender. (5) (a) (I) Upon adjudication as an aggravated juvenile offender: (D) When the petition alleges the offense of murder in the first degree or murder in the second degree, and the juvenile is adjudicated a delinquent for either murder in the first degree or murder in the second degree, then the court may sentence the juvenile consecutively or concurrently for any crime of violence as described in section 18-1.3-406, C.R.S., or aggravated juvenile offender petition arising from that petition. (6) (b) Parole supervision of a juvenile who has been transferred to the department of corrections shall be is governed by the provisions for adult felony offenders in titles 16, and 17, and 18, C.R.S., as if the juvenile had been sentenced as an adult felony offender; except that, if the juvenile was adjudicated and sentenced for murder in the first degree, then the juvenile shall serve a ten-year period of mandatory parole after completion of his or her sentence. (8) (a) (I) When a juvenile in the custody of the department of human services pursuant to this section reaches the age of twenty years and six months, the department of human services shall file a motion with the court of commitment regarding further jurisdiction of the juvenile. Upon the filing of such a motion, the court shall notify the interested parties, appoint counsel for the juvenile, and set the matter for a hearing. The court shall, as part of this hearing, reconsider the length of the remaining sentence and consider the factors as set forth in paragraph (c) of this subsection (8) herein. (II) When the court notifies the interested parties, the court shall order that the juvenile submit to and cooperate with a psychological evaluation and risk assessment by a mental health professional to determine whether the juvenile is a danger either to himself or herself or to others. The mental health professional shall prepare a written report and shall provide a copy of the report to the court that ordered it, the prosecuting attorney, and counsel for the juvenile at least fifteen days before the hearing. (b) At the hearing upon the motion, the court may either transfer the custody of and jurisdiction over the juvenile to the department of corrections for placement in a correctional facility, the youthful offender system, or a community corrections program; authorize early release of the juvenile pursuant to subsection (7) of this section; place the juvenile on adult parole for a period of five years; or order that custody and jurisdiction over the juvenile shall remain with the department of human services; except that the custody of and jurisdiction over the juvenile by the department of human services shall terminate when the juvenile reaches twenty-one years of age. (c) In considering whether or not to transfer the custody of and jurisdiction over the juvenile to the department of corrections, the court shall consider all relevant factors including, but not limited to, the court-ordered psychological evaluation and risk assessment, the nature of the crimes committed, the prior criminal history of the offender, the maturity of the offender, the offender's behavior in custody, the offender's progress and participation in classes, programs, and educational improvement, the impact of the crimes on the victims, the likelihood of rehabilitation, the placement where the offender is most likely to succeed in reintegrating in the community, and the interest of the community in the imposition of punishment commensurate with the gravity of the offense. (10) "Mental health professional" means a person who is employed by the department of human services or is employed under contract with the department of human services and is: (a) A licensed physician with the appropriate training and expertise in psychiatry; or (b) A licensed psychologist. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.