HOUSE BILL 971247
BY REPRESENTATIVES Takis, Allen, S. Williams, K. Alexander, Bacon, Clarke, Mace, Miller, Morrison, Nichol, Reeser, Snyder, Udall, and Zimmerman;
also SENATORS Weddig, Bishop, Hernandez, Hopper,
J. Johnson, Pascoe, Perlmutter, Rupert, and Wham.
CONCERNING TEEN COURTS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article 2 of
title 19, Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW PART to read:
PART 11
TEEN COURTS
1921101. Short title.
THIS PART 11 SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO
TEEN COURT PROGRAM".
1921102. Definitions.
AS USED IN THIS PART 11, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "MINOR OFFENSE" MEANS ANY
OFFENSE DENOMINATED A MISDEMEANOR IN TITLE 18, C.R.S., OR VIOLATION
OF A MUNICIPAL ORDINANCE WHERE THE MAXIMUM PENALTY AUTHORIZED
DOES NOT EXCEED IMPRISONMENT FOR MORE THAN SIX MONTHS.
(2) "SUPERVISING COURT" MEANS
THE JUVENILE COURT FOR THE CITY AND COUNTY OF DENVER, THE DISTRICT
COURTS OF THE STATE OTHER THAN THAT OF DENVER, AND ANY MUNICIPAL
COURT THAT ESTABLISHES A TEEN COURT PROGRAM PURSUANT TO THIS PART
11.
(3) "TEEN" MEANS ANY PERSON
OVER THE AGE OF TWELVE YEARS AND UNDER THE AGE OF NINETEEN YEARS
WHO IS ENROLLED IN SCHOOL.
(4) "TEEN COURT JUDGE" MEANS
A VOLUNTEER, LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO,
APPROVED BY AND SERVING AT THE PLEASURE OF THE CHIEF JUDGE OF
THE SUPERVISING COURT.
(5) "TEEN DEFENDANT" MEANS A
TEEN ORDERED TO PARTICIPATE IN A TEEN COURT PROGRAM UNDER THIS
PART 11.
(6) "TEEN DEFENSE ATTORNEY"
MEANS A TEEN WHO IS CHOSEN BY A TEEN COURT JUDGE TO SPEAK ON BEHALF
OF A TEEN DEFENDANT.
(7) "TEEN JURY" MEANS NOT LESS
THAN THREE TEENS WHO HAVE BEEN CHOSEN BY A TEEN COURT JUDGE TO
DECIDE WHAT SENTENCE SHOULD BE IMPOSED AGAINST A TEEN DEFENDANT.
(8) "TEEN PROSECUTOR" MEANS
A TEEN WHO HAS BEEN CHOSEN BY A TEEN COURT JUDGE TO ADVOCATE ON
BEHALF OF A SCHOOL OR COMMUNITY FOR ANY SENTENCE TO BE IMPOSED.
1921103. Teen court program
supervising courts. (1) ANY
SUPERVISING COURT IS AUTHORIZED TO ESTABLISH A TEEN COURT PROGRAM
PURSUANT TO THE PROVISIONS OF THIS PART 11. IN ANY JURISDICTION
WHERE A TEEN COURT PROGRAM IS ESTABLISHED, A TEEN CHARGED WITH
A MINOR OFFENSE MAY RECEIVE A DEFERRED JUDGMENT, A CONDITION OF
WHICH IS SUCCESSFUL PARTICIPATION IN THE TEEN COURT PROGRAM.
(2) THE PROCEDURE FOR DETERMINING THE
ELIGIBILITY FOR AND IMPOSITION OF THE DEFERRED JUDGMENT SHALL
BE AS FOLLOWS:
(a) THE TEEN, IN THE PRESENCE OF AT LEAST ONE OF HIS OR HER PARENTS OR LEGAL GUARDIAN, MUST ENTER A PLEA OF GUILTY TO THE MINOR OFFENSE CHARGED.
(b) THE TEEN MUST REQUEST TO PARTICIPATE
IN THE TEEN COURT PROGRAM, AGREE TO THE DEFERRAL OF FURTHER PROCEEDINGS
IN THE SUPERVISING COURT FOR A PERIOD OF SIX MONTHS OR UNTIL THE
TEEN HAS SUCCESSFULLY COMPLETED THE TEEN COURT PROGRAM, AND PROVIDE
THE COURT WITH ADDRESSES FOR MAILING NOTICES TO BOTH THE TEEN
AND HIS OR HER PARENT OR LEGAL GUARDIAN.
(c) THE SUPERVISING COURT MUST FIND THAT
THE TEEN WILL BENEFIT MORE FROM PARTICIPATION IN THE TEEN COURT
PROGRAM THAN FROM ANY OTHER SENTENCE THAT MAY BE IMPOSED.
(d) THE SUPERVISING COURT MAY ACCEPT THE
TEEN'S PLEA, ORDER THAT THE TEEN PARTICIPATE IN THE TEEN COURT
PROGRAM, AND DEFER FURTHER PROCEEDINGS IN THE SUPERVISING COURT
FOR UP TO SIX MONTHS.
(e) IN ADDITION TO ORDERING THE TEEN TO
PARTICIPATE IN THE TEEN COURT PROGRAM, THE SUPERVISING COURT MAY
ENTER AN ORDER THAT THE TEEN PAY ANY RESTITUTION OTHERWISE AUTHORIZED
BY LAW.
(3) IF THE SUPERVISING COURT RECEIVES
A REPORT FROM THE TEEN COURT JUDGE THAT THE TEEN HAS NOT SUCCESSFULLY
COMPLETED THE TEEN COURT PROGRAM, OR IF WITHIN SIX MONTHS AFTER
THE ENTRY OF THE ORDER FOR DEFERRED JUDGMENT THE SUPERVISING COURT
HAS NOT RECEIVED A REPORT THAT THE TEEN HAS SUCCESSFULLY COMPLETED
THE TEEN COURT PROGRAM, THE COURT SHALL SCHEDULE A SENTENCING
HEARING, SEND NOTICE TO THE TEEN AND HIS OR HER PARENT OR LEGAL
GUARDIAN AT THE ADDRESSES GIVEN AT THE TIME OF THE ORDER FOR DEFERRED
JUDGMENT OR ANY CHANGED ADDRESS, AND AT THE SENTENCING HEARING
IMPOSE ANY OTHER SENTENCE AUTHORIZED FOR THE OFFENSE CHARGED.
(4) IF THE SUPERVISING COURT RECEIVES
A REPORT FROM THE TEEN COURT JUDGE THAT THE TEEN HAS SUCCESSFULLY
COMPLETED THE TEEN COURT PROGRAM, THE COURT SHALL DISMISS ALL
CHARGES AGAINST THE TEEN. THE DISMISSAL SHALL NOT CONSTITUTE A
CONVICTION FOR ANY PURPOSE.
1921104. Procedures
hearings. (1) SUBJECT TO ANY
APPLICABLE RULES OF THE COLORADO SUPREME COURT, THE SUPERVISING
COURT SHALL BE RESPONSIBLE FOR ESTABLISHING PROCEDURES FOR ANY
TEEN COURT PROGRAM UNDER ITS JURISDICTION, INCLUDING BUT NOT LIMITED
TO:
(a) THE USE OF ITS COURTROOM AND OTHER
FACILITIES DURING TIMES WHEN THEY ARE NOT REQUIRED FOR OTHER COURT
BUSINESS;
(b) THE APPROVAL OF TEEN COURT JUDGES;
(c) THE COLLECTION OF A FEE FROM ANY TEEN
DEFENDANT;
(d) THE RANGE OF SENTENCING OPTIONS THAT
MAY BE IMPOSED UPON A TEEN DEFENDANT THAT SHALL NOT INCLUDE A
TERM OF IMPRISONMENT NOR THE PAYMENT OF RESTITUTION, BUT MAY INCLUDE:
(I) COMMUNITY SERVICE SUPERVISED BY THE
SUPERVISING COURT;
(II) PARTICIPATION IN LAWRELATED
EDUCATION CLASSES, COUNSELING, TREATMENT, OR OTHER PROGRAMS; OR
(III) PARTICIPATION AS A JUROR OR OTHER
TEEN COURT MEMBER IN PROCEEDINGS INVOLVING TEEN DEFENDANTS.
(2) WHENEVER A TEEN, AS A CONDITION OF
A DEFERRED JUDGMENT, HAS BEEN ORDERED TO PARTICIPATE IN A TEEN
COURT PROGRAM, THE TEEN AND HIS OR HER PARENT OR LEGAL GUARDIAN
SHALL BE ORDERED TO APPEAR AT A TEEN COURT SENTENCING HEARING.
THE TEEN COURT JUDGE SHALL PRESIDE OVER THE SENTENCING HEARING.
THE TEEN DEFENDANT MAY REPRESENT HIMSELF OR HERSELF OR BE REPRESENTED
BY A TEEN DEFENSE ATTORNEY. THE FOLLOWING PROCEDURES SHALL BE
FOLLOWED AT THE TEEN COURT SENTENCING HEARING:
(a) THE TEEN COURT JUDGE SHALL SELECT
A TEEN JURY;
(b) THE TEEN PROSECUTOR AND EITHER THE
TEEN DEFENDANT OR TEEN DEFENSE ATTORNEY MAY QUESTION THE JURY
ON THEIR KNOWLEDGE OF THE DEFENDANT OR THE FACTS OF THE OFFENSE
FOR WHICH THE TEEN DEFENDANT WAS CHARGED;
(c) THE TEEN COURT JUDGE MAY ORDER THAT
A TEEN JUROR BE REPLACED IF THE JUDGE FINDS THAT THE JUROR MAY
BE BIASED;
(d) THE TEEN PROSECUTOR AND EITHER THE
TEEN DEFENDANT OR TEEN DEFENSE ATTORNEY MAY MAKE AN OPENING STATEMENT;
(e) THE TEEN DEFENDANT SHALL BE SUBJECT
TO CROSS EXAMINATION BY THE TEEN PROSECUTOR CONCERNING THE CIRCUMSTANCES
OR FACTS SURROUNDING THE OFFENSE OR THE CHARACTER OF THE TEEN
DEFENDANT, AND MAY EITHER MAKE A STATEMENT OR BE SUBJECT TO DIRECT
EXAMINATION BY THE TEEN DEFENSE ATTORNEY;
(f) EACH SIDE MAY OFFER WITNESSES AND
DOCUMENTS CONCERNING THE CIRCUMSTANCES OR FACTS SURROUNDING THE
OFFENSE OR THE CHARACTER OF THE TEEN DEFENDANT;
(g) THE TEEN PROSECUTOR AND EITHER THE
TEEN DEFENDANT OR TEEN DEFENSE ATTORNEY MAY MAKE A CLOSING STATEMENT;
(h) UNLESS OTHERWISE ORDERED BY THE TEEN
COURT JUDGE, THE TEEN JURY SHALL DELIBERATE IN PRIVATE AND SHALL
UNANIMOUSLY AGREE UPON THE SENTENCE TO BE IMPOSED AGAINST THE
TEEN DEFENDANT, PURSUANT TO GUIDELINES ADOPTED BY THE COURT;
(i) IF THE JURY IS UNABLE TO UNANIMOUSLY
AGREE ON A SENTENCE, THEN THE TEEN COURT JUDGE SHALL IMPOSE THE
SENTENCE, PURSUANT TO GUIDELINES ADOPTED BY THE COURT.
(3) THE TEEN COURT JUDGE SHALL ENTER A
WRITTEN ORDER THAT:
(a) ORDERS THE TEEN DEFENDANT TO COMPLETE
THE SENTENCE IMPOSED BY THE TEEN JURY;
(b) ORDERS THE TEEN DEFENDANT TO SUBMIT
A WRITTEN REPORT TO THE TEEN COURT JUDGE WITHIN THREE MONTHS AFTER
THE SENTENCING HEARING SHOWING SATISFACTORY COMPLETION OF THE
TERMS OF THE SENTENCE; AND
(c) NOTIFIES THE TEEN DEFENDANT THAT IF
THE TEEN COURT JUDGE DOES NOT RECEIVE THE WRITTEN REPORT WITHIN
THE TIME REQUIRED, THE TEEN COURT JUDGE SHALL FILE WITH THE SUPERVISING
COURT A REPORT STATING THAT THE TEEN DEFENDANT HAS NOT SATISFACTORILY
COMPLETED THE TEEN COURT PROGRAM.
(4) WITHIN SIX MONTHS AFTER THE ORDER
FOR DEFERRED JUDGMENT, THE TEEN COURT JUDGE SHALL FILE A WRITTEN
REPORT WITH THE SUPERVISING COURT NOTIFYING THE COURT WHETHER
THE TEEN DEFENDANT HAS SATISFACTORILY COMPLETED THE TEEN COURT
PROGRAM.
1921105. Alternative procedures.
NOTHING CONTAINED IN THIS PART 11 SHALL BE DEEMED TO IMPAIR THE
AUTHORITY OF COURTS TO ADOPT DIFFERENT OR ALTERNATIVE PROCEDURES
FOR THE ESTABLISHMENT AND OPERATION OF TEEN COURT PROGRAMS WITHIN
THEIR RESPECTIVE JURISDICTIONS.
SECTION 2. 24322801,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
24322801. Youth crime prevention and
intervention program creation standards applications.
(6) THE JUVENILE COURT FOR THE CITY AND COUNTY OF DENVER,
DISTRICT COURTS OF THE STATE OTHER THAN THAT OF DENVER, AND MUNICIPAL
COURTS ARE ENCOURAGED TO SUBMIT APPLICATIONS FOR GRANTS FOR ASSISTANCE
IN ESTABLISHING TEEN COURTS PURSUANT TO PART 11 OF ARTICLE 2 OF
TITLE 19, C.R.S.
SECTION 3. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 4. Effective
date. This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninetyday period after final
adjournment of the general assembly that is allowed for submitting
a referendum petition pursuant to article V, section 1 (3) of
the state constitution; except that, if a referendum petition
is filed against this act or an item, section, or part of this
act within such period, then the act, item, section, or part,
if approved by the people, shall take effect on the date of the
official declaration of the vote thereon by proclamation of the
governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO