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