Current through 11/5/2024 election
Section 19-2.5-1109 - Juvenile probation standards - development(1) Before July 1, 2021, the state court administrator, in consultation with judges, the judicial branch, district attorneys, defense counsel, the delivery of child welfare services task force created in section 26-5-105.8, and other interested parties shall establish statewide standards for juvenile probation supervision and services that are aligned with research-based practices and based on the juvenile's risk of reoffending, as determined by a validated risk and needs assessment tool adopted pursuant to section 24-33.5-2402, as it existed prior to its repeal in 2022. The state court administrator shall at least annually provide training to juvenile probation on the adoption and implementation of these standards. Juvenile standards must include, but need not be limited to: (a) Guidelines to support juvenile probation in adopting the most effective staffing and workloads in order to allocate probation resources most appropriately;(b) Standards for minimum case contacts, including contacts with juveniles as well as their family members;(c)(I) Common elements for written individualized case plans for each juvenile placed under the supervision of a probation officer. In developing such a case plan, juvenile probation shall use, but need not be limited to: (A) The results of a validated risk and needs assessment;(B) The results of a validated mental health screening, and full assessment if conducted;(C) The trauma, if any, experienced by the juvenile;(D) The juvenile's education level and any intellectual and developmental disability;(E) The seriousness of the offense committed by the juvenile; and(F) Any relevant information provided by the juvenile's family, including the juvenile's pro-social interests.(II) A case plan developed pursuant to this section must:(A) Address the risks the juvenile presents and the juvenile's service needs based on the results of the validated risk and needs assessment, including specific treatment goals;(B) Specify the level of supervision and intensity of services that the juvenile must receive;(C) Provide referrals to treatment providers that may address the juvenile's risks and needs;(D) Be developed in consultation with the juvenile and the juvenile's family or guardian;(E) Specify the responsibilities of each person or agency involved with the juvenile; and(F) Provide for the full reentry of the juvenile into the community.(d)(I) Criteria and policies for the early termination of the juvenile's supervised probation.(II) Juvenile probation and the juvenile court shall consider the following factors, among others, in determining the early termination of supervision: (A) The seriousness of the offense committed by the juvenile resulting in placement under the supervision of a probation officer;(B) The results of a validated risk and needs assessment, which must be conducted at least every six months to determine whether the juvenile's risk of reoffending or risk scores in key domains have been reduced;(C) The juvenile's progress in meeting the goals of the juvenile's individualized case plan; and(D) The juvenile's offense history, if any, during the juvenile's probation term.(e) Common criteria for when juvenile probation officers may recommend the use of out-of-home placements and commitment to the division of youth services. The court shall consider the results of a validated risk and needs assessment, a validated mental health screening, and, if applicable, a full mental health assessment to make decisions concerning the juvenile's placement.Amended by 2022 Ch. 79, § 8, eff. 12/31/2022.Renumbered from C.R.S. § 19-2-925.2 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.Added by 2019 Ch. 294, § 19, eff. 7/1/2019.L. 2021: Entire article added with relocations, (SB 21-059), ch. 644, p. 644, § 2, effective October 1.This section is similar to former § 19-2-925.2 as it existed prior to 2021.
2022 Ch. 79, was passed without a safety clause. See Colo. Const. art. V, § 1(3).