Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING AGGRAVATED JUVENILE OFFENDERS.

Summary of Assessment

            The bill requires an aggravated juvenile offender to be committed to the Department of Human Services for a determinate period of three to five years, if the juvenile is being adjudicated for an offense that would constitute a class 2 felony if committed by an adult. The bill also requires an aggravated juvenile offender to be committed to the Department of Human Services for a determinate period of three to seven years, if the juvenile is being adjudicated for an offense that would constitute a class 1 felony if committed by an adult.

            Any juvenile who is sentenced to the Department of Human Services and has served the minimum period of commitment may petition the court for an order authorizing the Juvenile Parole Board to release the juvenile on parole. This provision applies to any juvenile who is sentenced as an aggravated juvenile offender, per Section 19-2-601, C.R.S., and has served a minimum period of commitment. Additionally, this provision applies to any juvenile who is sentenced for an offense that would constitute a class 1 or class 2 felony if committed by an adult.

            The bill is assessed as having no fiscal impact on state revenues or expenditures, or units of local government. Under current statute, juveniles committed to the Department of Human Services (DHS) for less than three years are not eligible for parole. The bill allows these juveniles to be placed on parole after serving a minimum period of commitment. Additionally, current sentencing practices indicate that juveniles committed to the DHS for a adjudication of what would constitute a class 1 or class 2 felony if committed by an adult are most likely sentenced for a minimum of three years. Since the bill simply puts into law what is current sentencing practice and clarifying at what point committed juvenile offenders are eligible for parole, the bill has no fiscal impact.

Departments Contacted

            Alternate Defense Counsel     Corrections     Human Services         Judicial