C.R.S.
Section 19-2.5-1203
Juvenile parole
- hearing panels
- definition
(1)
Juvenile parole board - hearing panels authority.(2)
Intentionally left blank —Ed.(a)
The board or a hearing panel has subpoena power and the power to administer oaths to secure attendance and testimony at hearings before the board. All relevant records pertaining to the juvenile must be made available to the board.(b)
Intentionally left blank —Ed.(I)
The board or hearing panel shall take into consideration the results of the validated risk and needs assessment administered by the department of human services.(II)
In making release and discharge decisions, the board or hearing panel shall use the length of stay matrix and release criteria developed pursuant to section 19-2.5-1117 (7).(3)
Intentionally left blank —Ed.(a)
Hearing panels consisting of two members of the board shall interview and review the record of each juvenile who comes before the board for the granting of parole. Whenever possible, one of the hearing panel members must be a representative of an executive department, and the other must be a member from the public at large. A hearing panel may grant, deny, defer, suspend, revoke, or specify or modify the conditions of any parole of a juvenile that are in the best interests of the juvenile and the public; except that:(I)
If the members of a hearing panel disagree, a review of that case must be referred to the board for review and a decision made by a majority vote of the board members present. At least a quorum of the board, as defined in section 19-2.5-1201 (4), must be present to make a decision pursuant to this subsection (3)(a)(I).(II)
The hearing panel does not have authority to grant parole to juveniles committed as violent juvenile offenders as described in section 19-2.5-1125 (3) or aggravated juvenile offenders as described in section 19-2.5-1125 (4). In such cases, the board shall conduct a hearing and make a decision by a majority vote of the board members present at the hearing. However, if expiration of the juvenile’s commitment is imminent, as defined by the board, the hearing panel shall hold a hearing and make a recommendation to the board. The board shall review the case and make a decision by a majority vote of the board members present.(III)
If a written request is made by the juvenile, the juvenile’s parents or guardian, or the executive director of the department of human services or the executive director’s designee, the board may review the case of any juvenile who has been interviewed by a hearing panel. If such a review is made, the board has the authority to affirm or reverse the decision of the hearing panel or to impose such additional conditions for parole as the board deems appropriate.(b)
If a juvenile, while under a juvenile commitment, is in jail pending adult charges, the board may conduct a parole hearing without the juvenile’s presence.(c)
When the board conducts a hearing pursuant to subsection (3)(a) or (3)(b) of this section, a quorum, as defined in section 19-2.5-1201 (4), must be present.(d)
In addition to any other conditions, the hearing panel may require, as a condition of parole, any adjudicated juvenile to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5); except that the hearing panel shall not require any such juvenile to attend a school from which the juvenile has been expelled without the prior approval of that school’s local board of education.(4)
The juvenile parole board administrator appointed pursuant to section 19-2.5-1201 (6) shall assist the hearing panel in its duties. The administrator shall also arrange training for the members of the board in all aspects of the juvenile justice system. It is mandatory for members of the board to attend such training.(5)
Intentionally left blank —Ed.(a)
If the hearing panel or the board determines that parole should be granted, the hearing panel shall establish six months as the length of the parole supervision. However, for a juvenile committed to the department of human services due to an adjudication for an offense specified in subsection (5)(b) of this section, the hearing panel may extend the period of parole supervision up to an additional fifteen months if the hearing panel makes findings of special circumstances that warrant an extended period of parole services for the juvenile.(b)
Subsection (5)(a) of this section allowing for extension of the period of parole applies to juveniles committed to the department of human services due to an adjudication for one or more of the following offenses:(I)
Any offense specified in article 3 of title 18 or in part 3 of article 4 of title 18 that would constitute a felony if committed by an adult;(II)
Incest, as described in section 18-6-301;(III)
Aggravated incest, as described in section 18-6-302;(IV)
Child abuse, as described in section 18-6-401, that would constitute a felony if committed by an adult;(V)
Fourth degree arson, as described in section 18-4-105, that would constitute a felony if committed by an adult;(VI)
Assault during escape, as described in section 18-8-206, that would constitute a felony if committed by an adult;(VII)
Felony illegal possession of a handgun by a juvenile, as described in section 18-12-108.5, that would constitute a felony if committed by an adult;(VIII)
Misdemeanor illegal possession of a handgun by a juvenile, as described in section 18-12-108.5, that would constitute a misdemeanor if committed by an adult, if the juvenile is contemporaneously committed to the department of human services for an offense that would constitute a felony if committed by an adult; or(IX)
Attempt, conspiracy, or solicitation to commit any of the offenses specified in this subsection (5)(b), which attempt, conspiracy, or solicitation would constitute a felony if committed by an adult.(c)
Upon completion of the period of parole supervision as established by the board, the juvenile is deemed to have discharged the juvenile’s sentence to commitment in the same manner as if the sentence were discharged pursuant to law.(d)
Intentionally left blank —Ed.(I)
If the juvenile court commits a juvenile to the department of human services for concurrent sentences based on the commission of two or more offenses or consecutive sentences based on commission of two or more offenses, the juvenile is subject to one six-month mandatory period of parole, unless the period of parole is extended pursuant to subsection (5)(a) of this section.(II)
As used in this subsection (5)(d), “concurrent sentence” means sentences identified by the court as concurrent and any sentences, or portions thereof, that are served simultaneously and that are the basis of the juvenile’s treatment services during the juvenile’s commitment.(e)
Intentionally left blank —Ed.(I)
If a juvenile’s parole is revoked pursuant to section 19-2.5-1206, the juvenile shall serve all or a portion of the remainder of the sentence to commitment, and the period of reparole or extended period of reparole imposed pursuant to subsection (5)(a) of this section must be reduced by any time served on parole prior to the revocation. This subsection (5)(e) does not limit the board’s authority to grant, deny, defer, suspend, revoke, or modify a juvenile’s parole within the period of parole.(II)
If a juvenile’s parole is revoked or modified pursuant to section 19-2.5-1206, and the juvenile has completed the period of commitment imposed by the court, the period of parole, or extended period of parole imposed pursuant to subsection (5)(a) of this section must continue pursuant to section 19-2.5-1117 (1)(c)(II). The period of parole continues regardless of whether the revocation or modification authorizes the department of human services to place the juvenile in a residential placement while on parole status. This does not limit the board’s authority to grant, deny, defer, suspend, revoke, or modify a juvenile’s parole within the period of parole.(6)
If the hearing panel or the board determines that parole should be granted, the hearing panel or board shall order the parolee to pay any unpaid restitution that has previously been ordered as a condition of parole.(7)
Notice.(a)
The board, prior to consideration of the case of a juvenile for parole, shall notify the committing court, any affected juvenile community review board, the prosecuting attorney, and any victims of the juvenile’s actions whose names and addresses have been provided by the district attorney of the time and place of the juvenile’s hearing before the board or a hearing panel of the board. The notice must be given in order that the persons notified have an opportunity to present written testimony to the hearing panel or the board. The board, in its sole discretion, may allow oral testimony at any hearing and has sole discretion regarding who may attend a juvenile parole hearing.(B)
The board shall notify the victim of changes in the juvenile’s parole pursuant to section 24-4.1-303 (14.3).(II)
For a juvenile who is currently serving parole that implicates article 4.1 of title 24, the division of youth services shall notify the board of any discharge as a matter of law and any placement change that may impact public safety or victim safety as determined by the division of youth services, including any escape or recapture.(8)
Representation of juvenile - parent.(9)
Parole discharge.(a)
The board may discharge a juvenile from parole after the juvenile has served the mandatory parole period of six months but prior to the expiration of the period of parole supervision when it appears to the board that there is a reasonable probability that the juvenile will remain at liberty without violating the law.(b)
Intentionally left blank —Ed.(I)
Based upon a request and recommendation by the division of youth services, the board may discharge all or a portion of a juvenile’s period of parole, as defined in section 19-2.5-1117 (1)(b), without holding a hearing before the board or a hearing panel of the board, if the board finds that:(A)
The juvenile is unavailable to complete the period of parole or the extended period of parole and the juvenile is not likely to become available in a time or manner in which the juvenile will benefit from parole services and neither community safety nor restorative justice interests will be served through the imposition or continuation of the juvenile’s parole; or(B)
The community interest in safety or restorative justice will not be served through the imposition or continuation of juvenile parole because the juvenile is under the adult probation supervision of the district court.(II)
As used in this subsection (9), a juvenile is unavailable to complete the period of parole if:(A)
The juvenile, pursuant to an adult sentence, has been placed in a department of corrections facility, adult community corrections, the youthful offender system, or a local jail, as defined in section 17-1-102; or(B)
The juvenile has been or will be transferred out of the state of Colorado and the division of youth services determines that the discharge is not in conflict with the interstate compact on juveniles, part 7 of article 60 of title 24; or(C)
The juvenile is in a medical, mental health, treatment facility, or similar institution; or(D)
The board finds any other circumstance that constitutes unavailability as established in rule.(c)
The board may discharge a juvenile from parole before completion of the mandatory six-month parole period when the board finds that the juvenile meets, at a minimum, all of the following conditions of special achievement:(I)
Graduation from a high school or successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5);(II)
Payment of one hundred percent of any restitution the juvenile has been ordered to pay;(III)
Certification by the juvenile’s parole officer that the juvenile is ready for discharge from parole, that takes into consideration the results of an objective risk assessment conducted by the department of human services and is based upon researched factors that have been demonstrated to be correlative to risk to the community; and(IV)
Presentation to the board of a plan of action prepared by the juvenile that includes the steps the juvenile will accomplish to ensure a transition to law-abiding citizenship. If the juvenile’s plan of action includes an intent to enlist in military service, the plan must specify the interim steps that the juvenile will take prior to entering military service.(d)
A discharge from parole pursuant to this subsection (9) has the same legal effect as if parole had been discharged upon completion of juvenile parole or when the sentence to commitment was discharged as a matter of law.(e)
Intentionally left blank —Ed.(I)
If the board of parole decides to discharge parole supervision pursuant to this subsection (9) for a juvenile adjudicated of any offenses described in section 16-22-102 (9) or 24-4.1-302 (1) prior to the juvenile’s mandatory parole supervision discharge date, the board shall set the juvenile’s date of parole supervision discharge at least fifteen days after notice is provided to the victim of the discharge. If the victim elected not to receive notifications otherwise required by law, the board shall set the date of discharge at least fifteen days after the decision to grant early discharge of parole supervision.(II)
Notwithstanding subsection (9)(e)(I) of this section, the board shall not set a juvenile’s discharge of parole supervision date later than the juvenile’s mandatory parole supervision discharge date.(10)
Notwithstanding any provisions of law to the contrary, the department of human services shall not retain custody of or jurisdiction over an individual who reaches twenty-one years of age. The sentence to commitment and the period of parole are discharged as a matter of law when a juvenile reaches twenty-one years of age.
Source:
Section 19-2.5-1203 — Juvenile parole - hearing panels - definition, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-19.pdf (accessed Oct. 20, 2023).
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