Colorado Legislative Council Staff
REVISED NO FISCAL IMPACT
(Replaces fiscal impact dated February 2, 1999)
March 1, 1999
Kirk Mlinek (303-866-4784)
TITLE: CONCERNING SUBSTANTIVE CHANGES FOR THE STRENGTHENING OF THE JUVENILE LAWS.
Summary of Legislation
The Senate Judiciary Committee amendment further defines which juveniles convicted of class 2 felonies would be eligible for sentencing to the Youthful Offender System. The bill makes numerous changes to juvenile laws. A summary of each section of the bill is provided below.
Sections 1-3: As amended, juvenile offenders convicted of a class 2 felony as a result of a plea agreement in cases where the juvenile is charged with a class 1 felony; offenders charges with a class 2 felony who have one or more prior convictions for a crime of violence; and offenders convicted of a class 2 felony and the juvenile is 16 years of age or older, would not be eligible for sentencing to YOS.
Section 4: This section was not affected by the amendment. Requires adjudicated repeat offenders be placed or committed out of the home for a minimum of one year, unless the juvenile court finds that an alternative sentence or commitment of less than one year would be more appropriate. Allows the judge to sentence a repeat juvenile offender who is 18 years of age or older at the time of sentencing to up to 2 years in a county jail or a community correctional facility or program.
Section 5: This section was not affected by the amendment. Increases jail time as a condition of probation to 90 days for persons adjudicated for an act committed prior to their 18th birthday, but who are over 18 years of age at the time of sentencing. Allows the court to sentence said person to a period of up to 2 years in county jail as a condition of probation or following revocation of probation if the person is released for school attendance, job training, or employment.
Section 6: This section was not affected by the amendment. Allows a parent, guardian, legal custodian, or other adult responsible for a juvenile who is released on bond to request the court to revoke the bond and remand the juvenile to custody if said person determines he or she cannot control the juvenile.
Section 7: Allows transfer of venue only after adjudication and sentencing unless the court finds that a change in venue is necessary to ensure a fair trial. The amendment clarifies that when the court in which the petition is filed is in a county other than where the juvenile resides, such court may transfer venue to the court of the county of residence for the purposes of supervision “after sentencing and entry of any order for payment of restitution.” Clarifies that, for any juvenile who is placed in the legal custody of a county department of social services, the juvenile is deemed to reside within the county in which the legal custodian is located, even if the juvenile is physically residing in a residential facility that is in another county. Prohibits a court from transferring jurisdiction to a county other than the county in which the legal custodian is located.
Section 8: This section was not affected by the amendment. Clarifies that a juvenile may be released on bond if he or she appears on a summons.
Section 9: This section was not affected by the amendment. Clarifies that service of a summons upon a juvenile's parent, guardian, legal custodian, or physical custodian is sufficient to compel attendance of both the juvenile and the parent, guardian, legal custodian, or physical custodian in court.
Section 10: This section was not affected by the amendment. Specifies that a statement made by a juvenile in the course of a custodial interrogation at which the juvenile's parent, guardian, or legal or physical custodian is not present may be admissible if the juvenile misrepresented his or her age as 18 years of age or older and the law enforcement official acted in good faith reliance on the misrepresentation.
Section 11: This new section alters the statutory references associated with a juvenile’s appointment of one or more magistrates.
The bill does not affect state revenues.
As amended, Sections 1 through 3 are deemed to have no fiscal impact. The Department of Corrections reports that in FY 1997-98 there were 21 juveniles sentenced to the Department of Corrections, with five sentenced as class 2 felons. Of those five, one was convicted of sexual assault and would, under the provisions of SB 99-130, continue to be ineligible for sentencing to the YOS; two were convicted of attempted first degree murder and appear to have pled to the class 2 felony charge; and 2 were convicted of second degree murder, but were 17 years of age at the time of the sentencing, and received 32 years and 80 years, respectively. Of this sample of five, none would qualify for sentencing to the YOS under the provisions of SB 99-130.
Further, the DOC reports that 14- and 15-year-old juveniles who commit a crime serious enough to be charged as class 2 felons will continue to be sentenced to the DOC and not to the YOS. For these reasons, it is assumed that the legislation will not cause an increase in the YOS population.
Section 5 of the bill clarifies that as a condition of probation for a juvenile 18 years of age or older at the time of sentencing for acts committed prior to his or her 18th birthday, the court may impose a sentence to county jail. The sentence is not to exceed 90 days, unless the juvenile is released for school attendance, job training, or employment, in which case the sentence may be up to two years. The establishment of specific sentencing terms is deemed to have no fiscal impact.
The balance of the bill is deemed to have no fiscal impact.
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