Section 19-2.5-1103 - Sentencing schedule - options(1) Upon completion of the sentencing hearing pursuant to section 19-2.5-1102, the court shall enter a decree of sentence or commitment imposing any of the following sentences or combination of sentences, as appropriate: (a) Commitment to the department of human services pursuant to section 19-2.5-1117;(b) Confinement in the county jail or in community corrections pursuant to section 19-2.5-1118;(c) Detention pursuant to section 19-2.5-1123;(d) Placement of legal custody of the juvenile with a relative or other suitable person pursuant to section 19-2.5-1112;(e) Probation pursuant to section 19-2.5-1106;(f) Commitment to the community accountability program pursuant to section 19-2.5-1111;(g) Placement of legal custody of the juvenile in the county department of human or social services or a child placement agency pursuant to section 19-2.5-1115;(h) Placement of the juvenile in a hospital or other suitable facility for receipt of special care pursuant to section 19-2.5-1114;(i) Imposition of a fine pursuant to section 19-2.5-1105;(j) Ordering the juvenile to pay restitution pursuant to section 19-2.5-1104;(k) Ordering the juvenile to complete an anger management treatment program or any other appropriate treatment program pursuant to section 19-2.5-1122;(l) Participation in an evaluation to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile's sentence; 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. If the court orders participation in restorative justice practices, the facilitator shall provide these services for a fee of no more than one hundred twenty-five dollars based on a sliding scale consistent with guidelines used to determine eligibility for appointment of counsel. The court shall not include payment of this fee as part of any court order. Nothing in this subsection (1)(l) requires a victim to participate in a restorative justice victim-offender conference.(2) The judge shall sentence any juvenile adjudicated as a special offender pursuant to section 19-2.5-1126.(3) Any sentence imposed on a juvenile pursuant to this section may include the juvenile's parent or guardian pursuant to section 19-2.5-1110.(4) If, as a condition of or in connection with any sentence imposed pursuant to this section, the court requires a juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement.(5)(a) Except as otherwise set forth in section 19-2.5-1127 for an aggravated juvenile offender, if the court finds that placement out of the home is necessary and is in the best interests of the juvenile and the community, the court shall place the juvenile, following the criteria established pursuant to section 19-2.5-1404, in the facility or setting that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. In making its decision as to proper placement, the court shall utilize the evaluation for placement prepared pursuant to section 19-1-107 or the evaluation for placement required by section 19-1-115 (8)(e). Any placement recommendation in the evaluation prepared by the county department of human or social services must be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. A recommendation prepared by the county department of human or social services must set forth specific facts and reasons for the placement recommendation. If the evaluation for placement recommends placement in a facility located in Colorado that can provide appropriate treatment and that will accept the juvenile, then the court shall not place the juvenile in a facility outside this state. If the court places the juvenile in a facility located in Colorado other than one recommended by the evaluation for placement, in a facility located outside this state in accordance with the evaluation for placement, or in a facility in which the average monthly cost exceeds the amount established by the general assembly in the general appropriation bill, it shall make specific findings of fact, including the monthly cost of the facility in which the juvenile is placed, relating to its placement decision. A copy of the findings must be sent to the chief justice of the supreme court, who shall, notwithstanding section 24-1-136 (11)(a)(I), report monthly to the joint budget committee and annually to the house and senate committees on health and human services, or any successor committees, on such placements. If the court commits the juvenile to the state department of human services, it shall not make a specific placement, nor is this subsection (5) relating to specific findings of fact applicable.(b) If the court sentences a juvenile to an out-of-home placement funded by the state department of human services or any county, or commits a juvenile to the state department of human services, and the receiving agency determines that the placement or commitment does not follow the criteria established pursuant to section 19-2.5-1404, including the placement recommended by the receiving agency, the receiving agency may, after assessing the juvenile's needs, file a petition with the court for reconsideration of the placement or commitment. The petition must be filed not later than thirty-five days after the placement or commitment. The court shall hear the petition and enter an order thereon not later than thirty-five days after the filing of the petition, and after notice to all agencies or departments that might be affected by the resolution of the petition, and after all such agencies or departments have had an opportunity to participate in the hearing on the petition. Failure of any such agency or department to appear may be a basis for refusal to accept a subsequent petition by the agency or department that had an opportunity to appear and be present at the original petition hearing. The notification to the parties required pursuant to this subsection (5)(b) must be made by the petitioning party, and proof of the service must be filed with the court. If the court sentences a juvenile to an out-of-home placement funded by the county department of human or social services, temporary legal custody of the juvenile must be placed with the county department of human or social services, and the placement recommended by the county department must be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. Any deviation from the recommendation must be supported by specific findings on the record of the case detailing the specific extraordinary circumstances that constitute the reasons for deviations from the placement recommendation of the county department of human or social services.(7) The juvenile court in each judicial district may implement a behavioral or mental health disorder screening program to screen juveniles sentenced pursuant to this part 11. If the juvenile court chooses to implement a behavioral or mental health disorder screening program, the juvenile court shall use the standardized behavioral or mental health disorder screening developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to section 16-11.9-102.Amended by 2021 Ch. 461, § 28, eff. 10/1/2021.Renumbered from C.R.S. § 19-2-907 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.Amended by 2021 Ch. 461, § 14, eff. 7/6/2021.Amended by 2018 Ch. 38, § 48, eff. 8/8/2018.Amended by 2017 Ch. 263, § 157, eff. 5/25/2017.L. 2021: Entire article added with relocations, (SB 21-059), ch. 635, p. 635, § 2, effective October 1; (1)(l) amended and (6) repealed, (HB 21-1315), ch. 3118, p. 3118, § 28, effective October 1.(1) This section is similar to former § 19-2-907 as it existed prior to 2021.
(2) Section 36 of chapter 461 (HB 21-1315), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-059 becomes law and takes effect either upon the effective date of HB 21-1315 or SB 21-059, whichever is later. HB 21-1315 took effect July 6, 2021, and SB 21-059 became law and took effect October 1, 2021.
For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.