Community accountability program--legislative declaration--creation--advisory board--repeal
Colorado Revised Statutes Annotated
19-2-309

Description: Title 19. Children's Code Article 2. The Colorado Juvenile Justice System Part 3. Juvenile Administrative Programs--Services § 19-2-309.5. Community accountability program--legislative declaration--creation--advisory board--repeal (1) It is the intent of the general assembly that the program established pursuant to this section benefit the state by providing a structured program combining residential and community reintegration components under which certain adjudicated juveniles are subject to an ordered environment affirming the dignity of self and others; promoting the value of education, work, and accountability; adhering to the principals of restorative justice; and developing useful skills that can be applied when the juvenile is reintegrated into the community. (2)(a) The division of youth corrections, pursuant to a contract with one or more private entities, shall establish,maintain, and operate a community accountability program, referred to in this section as the “program”. (b) The program shall provide a sentencing option for adjudicated juveniles who are at least fourteen years of age but younger than eighteen years of age. An adjudicated juvenile may be sentenced to participate in the program only as a condition of probation. A sentence to the program may be in addition to, but shall not be in lieu of, a mandatory sentence required by section 19-2-911(2). The juvenile court shall consider the program as a sentencing option for higher risk juveniles who would have otherwise been sentenced to detention or out-of-home placement or committed to the department of human services. (c) A sentence imposed pursuant to this section shall be conditioned on the availability of space in the program and the division of youth corrections' determination of whether the juvenile's participation in the program is appropriate. A juvenile may be denied participation in the program upon a determination by the division that a physical or mental condition, including severe substance abuse, will prevent the juvenile's full participation in the program. Any juvenile denied participation in the program shall be returned to the juvenile court for resentencing. (d) The judicial department shall provide information to the division of youth corrections concerning sentencing of the juvenile, including but not limited to the juvenile's criminal history, the presentence investigation report, the risk-need assessment, and demographics pertaining to the juvenile. (e) The program shall be established for up to eighty beds. Under the contract entered into pursuant to paragraph (a) of this subsection (2), the division of youth corrections shall pay only for the actual number of juveniles placed in the program. (3) If feasible, the program may be established regionally, one in each of the division of youth corrections' re- gions. The division, through a competitive bid process, shall select one or more private entities to operate the program. (4)(a) The program shall consist of two integrated components. Each selected entity shall provide both compon- ents within the contracted region as follows: (I) Component I. Component I shall consist of a sixty-day residential program, which may contain, but need not be limited to, the following program elements: (A) Assessment and treatment planning; (B) Behaviorally based programming with appropriate sanctions and reinforcements; (C) Life and cognitive skill development; (D) Treatment interventions; (E) Educational and vocational training; (F) Competency development; (G) Victim awareness and empathy; (H) Gender-specific programming; and (I) Restorative justice programming. (II) Component II. Component II shall be administered by the division of youth corrections and shall consist of a community reintegration phase. Each juvenile entering component II shall have a reintegration plan jointly es- tablished by the division of youth corrections and the local probation department. Component II may contain, but need not be limited to, the following program elements: (A) Multi-systemic therapy; (B) Functional family therapy; (C) Aggression replacement training; (D) Life skills; (E) Skills development; (F) Behaviorally based programming with appropriate sanctions and reinforcements; (G) Education and vocational training; (H) Work experience; (I) Victim empathy; (J) Victim-offender mediation; (K) Gender-specific programming; and (L) Restorative justice programming. (b) The program may be housed in a privately owned and operated facility or in a state-owned and privately op- erated facility. The departments and any private contractors in each region shall involve local governments in identifying locations for residential facilities. (c) The division shall include a community involvement component in the development of reintegration plans, which may include the creation of community advisory boards. (5) If a juvenile in the first component of the program would substantially benefit, the division of youth corrections shall notify the local department of probation who may petition the court for an extension of up to fifteen days in addition to the initial sixty-day period for the first component of the program. The period of time a juvenile spends in the second component of the program shall not exceed one hundred twenty days. The entire period of a juvenile's participation in the program shall not exceed the length of the juvenile's probation sentence. Whenever a juvenile fails to progress through or complete the first or second component of the program, the juvenile shall be subject to the provisions of section 19-2-925(4) for violating a condition of probation. (6) The division of youth corrections and the judicial department shall jointly establish guidelines for the program and each of the components thereof described in subsection (4) of this section. Necessary support services for the juvenile and the juvenile's family shall be made available under both components of the program, as deemed appropriate by the division of youth corrections. (7)(a) A community accountability program advisory board, referred to in this section as the “advisory board”, is hereby created in the department of human services. The advisory board shall consist of thirteen members, jointly appointed by the executive director of the department of human services and the state court administrator, who shall serve three-year terms; except that, of the members initially appointed, five members shall serve three-year terms, four members shall serve two-year terms, and four members shall serve one-year terms, as designated by the executive director of the department of human services and the state court administrator. At least one member of the advisory board shall be appointed from each region where the program is located. (b) The advisory board shall: (I) Establish and implement statewide selection criteria for juveniles sentenced to the program; (II) Oversee the ongoing evaluation of the program as a sentencing option; (III) Report potential policy issues to the general assembly; (IV) Make recommendations for support services deemed necessary by the division of youth corrections. (c) This subsection (7) is repealed, effective July 1, 2011. Prior to such repeal, the advisory board shall be re- viewed as provided for in section 2-3-1203, C.R.S. (8) The division of youth corrections shall conduct an ongoing evaluation of the program. On or before January 15, 2003, and on or before January 15 each year thereafter, the division of youth corrections shall submit a re- port of the evaluation results to the general assembly. The division may contract for the services and labor ne- cessary to perform the ongoing evaluation. CREDIT(S) Added by Laws 2001, Ch. 213, § 1, eff. May 31, 2001. Amended by Laws 2004, Ch. 61, § 7, eff. Aug. 4, 2004. Current through the end of the First Regular Session of the 67th General Assembly (2009)

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