C.R.S.
Section 19-2.5-1108
Probation
- terms
- release
- revocation
- graduated responses system
- rules
- report
- definition
(1)
Intentionally left blank —Ed.(a)
The terms and conditions of probation must be specified by rules or orders of the court. The court, as a condition of probation for a juvenile who is ten years of age or older but less than eighteen years of age on the date of the sentencing hearing, may impose a commitment or detention. The aggregate length of any such commitment or detention, whether continuous or at designated intervals, must not exceed forty-five days; except that such limit does not apply to any placement out of the home through a county department of human or social services. Each juvenile placed on probation must be given a written statement of the terms and conditions of the juvenile’s probation and have the terms and conditions fully explained.(b)
The court, as a condition of probation for a youth eighteen years of age or older at the time of sentencing for delinquent acts committed prior to the youth’s eighteenth birthday, may impose as a condition of probation a sentence to the county jail that must not exceed ninety days; except that the sentence may be for a period of up to one hundred eighty days if the court orders the youth released for school attendance, job training, or employment.(2)
Intentionally left blank —Ed.(a)
Conditions of probation must be customized to each juvenile based on the guidelines developed by the committee on juvenile justice reform pursuant to section 24-33.5-2402, as it existed prior to its repeal in 2022. The court shall, as minimum conditions of probation, order that the juvenile:(I)
Not violate any federal or state statutes, municipal ordinances, or orders of the court;(II)
Not use or possess a firearm, a dangerous or illegal weapon, or an explosive or incendiary device, unless granted written permission by the court or probation officer;(III)
Report to a probation officer at reasonable times as directed by the court or probation officer;(IV)
Permit the probation officer to visit the juvenile at reasonable times at the juvenile’s home or elsewhere;(V)
Remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation officer;(VI)
Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment;(VII)
Make restitution as ordered by the court; and(VIII)
and (IX) Repealed.(X)
May be evaluated to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile’s probation program; except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior, as defined in section 16-22-102 (9); a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1); stalking, as defined in section 18-3-602; or violation of a protection order, as defined in section 18-6-803.5.(b)
The court shall use the results from a validated risk and needs assessment adopted by the committee on juvenile justice reform pursuant to section 24-33.5-2402, as it existed prior to its repeal in 2022, to inform the court of additional conditions of probation, as necessary.(3)
Intentionally left blank —Ed.(a)
The court may periodically review the terms and conditions of probation and the progress of each juvenile placed on probation. Counsel for the juvenile does not have to be present at any probation review hearing unless notified by the court that a petition to revoke probation has been filed.(b)
The court may release a juvenile from probation prior to the completion of the juvenile’s term of probation, pursuant to this section, or modify the terms and conditions of the juvenile’s probation at any time, but a juvenile who has complied satisfactorily with the terms and conditions of the juvenile’s probation for a period of two years must be released from probation and the jurisdiction of the court terminated.(4)
Before January 1, 2021, the state court administrator shall establish rules to develop a statewide system of structured community-based graduated responses, including incentives and sanctions, to guide probation officers in determining how best to motivate positive juvenile behavior change and the appropriate response to a violation of terms and conditions of juvenile probation. “Graduated responses” means an accountability-based series of sanctions and services designed to respond to a juvenile’s violation of probation quickly, consistently, and proportionally and incentives to motivate positive behavior change and successful completion of probation and treatment goals. Juvenile probation shall adopt and use a state juvenile graduated responses and incentives system developed pursuant to this subsection (4) or develop and use a locally developed system that is aligned to best practices. Policies and procedures for the graduated responses system must:(a)
Include incentives that encourage the completion of treatment milestones as well as compliance with the terms and conditions of a juvenile’s probation and that reward behavior aligned with the expectations of supervision and the juvenile’s case plan; and(b)
Require that a response to a juvenile’s violation of the terms and conditions of the juvenile’s supervision take into consideration:(I)
The juvenile’s risk to reoffend, as determined by the results of a validated risk and needs assessment;(II)
The previous history of violations and the underlying cause of the juvenile’s behavior leading to the violation;(III)
The severity of the current violation;(IV)
The juvenile’s case plan; and(V)
The juvenile’s previous responses to past violations.(5)
Whenever a probation office has reasonable cause to believe that a juvenile has committed a violation of the terms and conditions of probation and that graduated responses developed pursuant to subsection (4) of this section have previously been applied, or when the nature of the violation poses a substantial risk of serious harm to others, the probation officer, following the approval of the chief probation officer or the chief’s designee, shall petition the court for revocation and shall file written information with the court concerning the juvenile’s violation behavior history and the responses applied using the graduated response system developed pursuant to subsection (4) of this section.(6)
Unless there is reason to believe that a juvenile would not appear, would interfere with the juvenile justice process, or poses substantial risk of serious harm to others, the probation officer shall issue a summons, or other method approved by local court rule, rather than a warrant when filing a petition for revocation.(7)
The state court administrator shall collect data related to the use of the graduated responses and incentives system developed pursuant to subsection (4) of this section and report the data annually to the judiciary committees of the senate and house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees, and the chief justice of the Colorado supreme court. Notwithstanding section 24-1-136 (11)(a)(I), the reports to the committees continue indefinitely. Data collected by the state court administrator must include, at a minimum, the types of responses and incentives that were issued, the number of formal violations filed, and the behavior resulting in the violation.(8)
Intentionally left blank —Ed.(a)
When it is alleged that a juvenile has violated the terms and conditions of probation, and graduated responses have been imposed and exhausted, pursuant to subsection (5) of this section, the court shall set a hearing on the alleged violation and shall give notice to the juvenile and the juvenile’s parents, guardian, or other legal custodian and any other parties to the proceeding as provided in section 19-2.5-501.(b)
The juvenile and the juvenile’s parents, guardian, or other legal custodian must be given a written statement concerning the alleged violation, and have the right to be represented by counsel at the hearing, and are entitled to the issuance of compulsory process for the attendance of witnesses.(c)
When the juvenile has been taken into custody because of the alleged violation, sections 19-2.5-303, 19-2.5-304, and 19-2.5-305 apply.(d)
Intentionally left blank —Ed.(I)
The hearing on the alleged violation must be conducted pursuant to section 19-1-106.(II)
Pursuant to section 19-2.5-1103, if the court finds that the juvenile violated the terms and conditions of probation, it may modify the terms and conditions of probation, revoke probation, or take such other action permitted by this article 2.5 that is in the best interest of the juvenile and the public.(III)
If the court finds that the juvenile did not violate the terms and conditions of probation as alleged, it shall dismiss the proceedings and continue the juvenile on probation under the terms and conditions previously prescribed.(e)
If the court revokes the probation of a person eighteen years of age or older, in addition to other action permitted by this article 2.5, the court may sentence the person to the county jail for a period not to exceed one hundred eighty days, during which time the person may be released during the day for school attendance, job training, or employment, as ordered by the court; except that, if the sentence imposed exceeds ninety days, the court shall order the person released for school attendance, job training, or employment while serving the sentence.(9)
Following specification of the terms and conditions of probation, where the conditions of probation include requiring the juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of the requirement.
Source:
Section 19-2.5-1108 — Probation - terms - release - revocation - graduated responses system - rules - report - definition, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-19.pdf (accessed Oct. 20, 2023).
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