First Regular Session

Sixty-second General Assembly

LLS NO. R99­0934.01 Carrie Hunt

STATE OF COLORADO

BY SENATORS Lacy, Owen, and Tanner;

also REPRESENTATIVES Tool, Berry, and Saliman.

APPROPRIATIONS

SENATE JOINT RESOLUTION 99-036

CONCERNING AN INTERIM COMMITTEE TASK FORCE TO STUDY THE STATE JUVENILE CORRECTIONS SYSTEM.

WHEREAS, The number of juveniles sentenced to detention and committed to the division of youth corrections in the Department of Human Services continues to grow; and

WHEREAS, In 1995, a federal court capped the population at the Gilliam juvenile detention facility due to excessively overcrowded conditions; and

WHEREAS, The court­ordered cap on the Gilliam juvenile detention facility forced local law enforcement agencies, judges, district attorneys, child welfare agencies, and other interested parties to work together to reduce the number of juveniles held at Gilliam by prioritizing the juveniles held in detention; and

WHEREAS, Since the court­ordered cap, the Gilliam juvenile detention facility has operated below capacity, primarily due to identifying lower­cost juvenile sentencing alternatives in the community; and

WHEREAS, The use of community programs as an alternative to detention at the Gilliam juvenile detention facility has not adversely impacted public safety; and

WHEREAS, The experience with the Gilliam juvenile detention facility suggests that greater involvement of local communities in the operation of juvenile detention facilities may improve management of the juvenile detention population; now, therefore,

Be It Resolved by the Senate of the Sixty­second General Assembly of the State of Colorado, the House of Representatives concurring herein:

(1)  That there is hereby created an interim committee to work through the 1999 interim to study the advantages and disadvantages of potential alternatives to the current state­operated juvenile detention system and methods of managing growth in the juvenile detention and commitment populations. The interim committee shall consider, but need not be limited to, the following issues:

(a)  The potential legal and fiscal ramifications of devolving control of juvenile detention facilities to the counties or judicial districts and whether such devolution would serve the interests of public safety and be in the best interests of juveniles;

(b)  The feasibility of having counties or judicial districts share in the state cost of operating the juvenile detention system similar to the way that child welfare costs are shared between counties and the state and whether such cost sharing would serve the interests of public safety and would be in the best interests of juveniles;

(c)  The legal and practical issues that may arise in capping the number of juveniles that may be held in a detention facility;

(d)  The current practice of juvenile court judges to use juvenile detention facilities as holding facilities for juveniles who have been adjudicated delinquent, who are the subjects of dependency and neglect proceedings, or who are being held on truancy or other noncriminal charges;

(e)  The causes of recent growth in the juvenile detention and commitment populations and ways to manage that growth.

(2)  That the interim committee shall consist of six members. The President of the Senate and the Speaker of the House of Representatives shall appoint the members of the interim committee no later than thirty days after passage of this Joint Resolution, as follows:

(a)  The President of the Senate shall appoint three senators to serve on the interim committee, one of whom shall be named chair of the interim committee and no more than two of whom shall be members of the same political party;

(b)  The Speaker of the House of Representatives shall appoint three representatives to serve on the interim committee, one of whom shall be named vice­chair of the interim committee and no more than two of whom shall be members of the same political party.

(3)  That the interim committee shall work with any interested parties, including but not limited to the Division of Youth Corrections and the Division of Child Welfare within the Department of Human Services, the judicial department, counties, local law enforcement, and district attorneys, to fulfill its duties as set forth in this Joint Resolution.

(4)  That the interim committee shall make findings and recommendations regarding the issues reviewed in this study, including but not limited to recommendations concerning any necessary legislation, and shall submit a written report on the interim committee's findings and recommendations to the General Assembly no later than November 15, 1999. Legislation recommended by the interim committee shall be treated as legislation recommended by any other interim committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the Senate and the House of Representatives.

(5)  That the interim committee shall meet at least four times to fulfill its responsibilities in this study.

(6)  That the members of the interim committee shall be compensated as provided in section 2­2­307, Colorado Revised Statutes, for attendance at meetings of the interim committee.

(7)  That the Legislative Council staff , the Joint Budget Committee staff, and the Office of Legislative Legal Services shall be made available to assist the interim committee in carrying out its duties. The personnel of the Division of Youth Corrections and the Division of Child Welfare within the Department of Human Services shall cooperate with the interim committee and with any persons assisting the interim committee in carrying out its duties.

(8)  That all expenditures incurred while conducting this study shall be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.