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The Legislative Council Staff provides nonpartisan information services and staff support to the Colorado Legislature.
Number 17-08 A Legislative Council Staff Publication February 2017
JUVENILE JUSTICE SYSTEMS IN COLORADO
By Amanda Hayden
This issue brief provides an overview of how
the justice system treats juveniles found guilty of a
crime in Colorado. It discusses juvenile problem
solving courts; detention and commitment; the
facilities where juveniles are housed; the
programs and services available; requirements for
sentencing, parole, and release; and the Youthful
Offender System.
Juvenile Problem Solving Courts
Problem solving courts take a nontraditional
approach to criminal justice by emphasizing
treatment, outcomes, and collaboration. Colorado
has five problem solving courts for juveniles:
three drug courts and two mental health courts.
Drug courts serve juveniles in Cañon City,
Denver, and Fort Collins, while mental health
courts serve juveniles in Brighton and Golden. In
total during 2015 and 2016, juvenile drug courts
and juvenile mental health courts served
226 youth and 54 youth, respectively.
Not all youth in the criminal justice system will
go through a problem solving court. Generally, a
juvenile is referred to a problem solving court by
the district attorney, a judicial officer, or a
probation officer. A youth may be eligible
to participate in a problem solving court on a pre-
plea or post-plea basis, depending on the specific
court. Entering on a post-plea basis requires the
juvenile to have reached a plea agreement with
the district attorney whereby the juvenile admits
guilt to a specific offense or offenses. A pre-plea
program does not require a juvenile to have
entered a plea agreement in order to be eligible.
Juveniles who violate the terms of their probation
and are revoked by the court may also be referred
to a problem solving court. Participants tend to be
those at higher risk for reoffending or with higher
needs, especially as they relate to substance use
disorders or mental health concerns. Participants
undergo a clinical assessment to determine the
exact scope of their risks and needs and to inform
treatment planning.
Problem solving courts may support
participants by engaging family members or
caregivers; requiring weekly or bi-weekly
appearances before a judge; or providing various
services, such as family or other types of therapy,
access to and encouragement of social activities,
parenting classes, educational programs,
medication evaluation and assistance, workforce
preparation, mentoring, housing support, and
relapse prevention programs.
Detention and Commitment
Juveniles placed in detention or commitment
are held by the Division of Youth Corrections
(DYC) within the Department of Human Services
(DHS).
Detention. When juveniles are arrested, they
undergo a screening and assessment process by
the court to determine if they can be safely
supervised in the community or if they require
secure detention to await the disposition of their
cases. By law, if a juvenile has not hired an
attorney for his or her detention hearing, the state
must appoint one. Youth may be detained in a
secure facility while awaiting a court hearing or to
serve a court-ordered detention sentence of up to
45 days. According to DYC, the
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average length of stay for juveniles in detention
facilities is 15 days. Most juveniles awaiting a
court-ordered hearing are released and monitored
using non-secure, community-based services
such as day reporting or electronic home
monitoring. State law allows for the detention of
youth between the ages of 10 and 18. In
FY 2015-16, 6,510 youth were detained in DYC
facilities; of these, 5,034 were males and 1,476
were females. The average age for detainees
was 16.
Commitment. Commitment refers to
longer-term placement within the custody of the
state for juveniles found guilty of a crime.
District courts can commit juveniles to the DYC
with either non-mandatory sentences which
allow the youth to come before the juvenile parole
board when they complete treatment or with
mandatory sentences of at least one year. A
juvenile’s actual length of stay will depend on a
number of factors, including the sentence given
by the court, the nature of the offense committed,
the juvenile’s progress in treatment, and the
juvenile’s release plan. Juveniles may be
committed to the DYC up to age 21. In
FY 2015-16, 387 juveniles 326 males and
61 females were committed to the DYC. The
average age for committed youth was 16.8 years
of age. Violent and repeat offenders receive a
mandatory minimum sentence of at least one
year. Certain juvenile offenders may be
sentenced to up to seven years.
DYC Facilities and Programs
The DYC operates ten facilities for juveniles.
Four of these facilities located in Brighton,
Denver, Englewood, and Pueblo serve only
youth in detention. Two facilities, one in Colorado
Springs and the other in Golden, serve only
committed youth. Multi-purpose facilities in
Colorado Springs, Denver, Grand Junction, and
Greeley house both detention and committed
juveniles.
Assessment. Within the first 30 days of
commitment to a DYC facility, all offenders
undergo an assessment. Each juvenile is
fingerprinted and given a medical screening, a
dental check-up, and a clinical evaluation, which
includes his or her family history and a drug and
alcohol assessment. Each offender completes
the Colorado Juvenile Risk Assessment to
determine how to reduce his or her risks of
reoffending. All youth adjudicated guilty of a
sexual offense or whose charges include a sexual
offense as the underlying factual basis receive a
sex offender-specific evaluation. Each juvenile
also completes an educational assessment and
takes a vocational interests test.
Educational programs. Youth housed in
detention facilities are educated by the local
school district in which the facility is located.
General education and special education services
are provided for all youth in detention facilities.
Juveniles committed to the DYC receive
educational services through programs provided
by the facility where they are housed. The DYC
must meet all academic standards and mandates
issued by the Colorado Department of Education
(CDE), and all teachers and principals employed
by DYC facilities are licensed by CDE.
Parole and release. All committed youth
released from DYC custody must spend at least
six months on parole. In certain cases, the parole
period may be extended by up to 15 months. The
Colorado Juvenile Parole Board hears cases; sets
the terms and conditions; and can modify,
suspend, or revoke parole. Treatment services
offered by DYC continue for parolees.
Youthful Offender System
The Youthful Offender System (YOS) is a part
of the Colorado Department of Corrections. It
was established in 1993 for juveniles tried and
convicted of felonies as adults. Any offender
convicted as an adult of a class 3 or class 4
violent felony who was between the ages of
14 and 18 at the time of the offense and was
under age 21 at the time of sentencing is eligible
for YOS. Sentences must be between two and
six years, unless the offender committed a class 2
felony, in which case he or she may be sentenced
for up to seven years. The YOS facility in Pueblo
serves these youth exclusively. YOS provides
youth with individualized plans; treatment for
mental health, substance use, and sex offenses,
as needed; and educational programs.