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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0299.01 JAP HOUSE BILL 98­1107

STATE OF COLORADO

BY REPRESENTATIVES Grossman, Adkins, Clarke, Epps, and Morrison;

also SENATOR Wham.

JUDICIARY

A BILL FOR AN ACT

CONCERNING SENTENCING OF A JUVENILE WHO IS ADJUDICATED FOR COMMISSION OF AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Child Welfare Oversight Committee. Prohibits a court from committing to the department of human services any juvenile who is adjudicated for an offense that would constitute a misdemeanor if committed by an adult unless that juvenile is a mandatory sentence offender.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  19­2­909 (1) (a), Colorado Revised Statutes, is amended, and the said 19­2­209 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

19­2­909.  Sentencing ­ commitment to the department of human services. (1) (a)  Except as otherwise provided in sections 19­2­601 and 19­2­921 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.

(a.5)  THE COURT MAY COMMIT A JUVENILE WHO IS ADJUDICATED FOR COMMISSION OF AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT TO THE DEPARTMENT OF HUMAN SERVICES ONLY IF THE JUVENILE IS A MANDATORY SENTENCE OFFENDER, AS DESCRIBED IN SECTION 19­2­516 (1).

SECTION 2.  The introductory portion to 19­2­908 (1) (a), Colorado Revised Statutes, is amended to read:

19­2­908.  Sentencing ­ special offenders. (1)  The court shall sentence a juvenile adjudicated as a special offender as follows:

(a)  Mandatory sentence offender.  The court shall place or commit any juvenile adjudicated as a mandatory sentence offender, as described in section 19­2­516 (1), out of the home for not less than one year, unless the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate. ; except that: THE COURT MAY COMMIT TO THE DEPARTMENT OF HUMAN SERVICES A JUVENILE WHO IS ADJUDICATED AS A MANDATORY SENTENCE OFFENDER FOR AN OFFENSE THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT, AS PROVIDED IN SECTION 19­2­909 (1) (a.5). NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH (a):

SECTION 3.  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.