Current through 11/5/2024 election
Section 19-2.5-1114 - Sentencing - placement based on special needs of the juvenile(1) Except as otherwise required by section 19-2.5-1127 for an aggravated juvenile offender, the court may order that the juvenile be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that the juvenile receive other special care and may place the juvenile in a hospital or other suitable facility for such purposes; except that a juvenile may not be placed in a mental health facility operated by the department of human services until the juvenile has received a mental health placement prescreening resulting in a recommendation that the juvenile be placed in a facility for an evaluation pursuant to section 27-65-106, or a hearing has been held by the court after notice to all parties, including the department of human services. An order for an emergency mental health hold must not be entered unless a hearing is held and evidence indicates that the prescreening report is inadequate, incomplete, or incorrect and that competent professional evidence is presented by a mental health professional that indicates that the juvenile has a behavioral or mental health disorder. The court shall make, prior to the hearing, orders regarding temporary custody of the juvenile as are deemed appropriate.(2) Placement in any mental health facility operated by the department of human services must continue for such time as ordered by the court or until the professional person in charge of the juvenile's treatment concludes that the treatment or placement is no longer appropriate. If placement or treatment is no longer deemed appropriate, the court must be notified and a hearing held for further disposition of the juvenile within five days excluding Saturdays, Sundays, and legal holidays. The court shall make, prior to the hearing, orders regarding temporary custody of the juvenile as are deemed appropriate.Amended by 2022 Ch. 451, § 32, eff. 8/10/2022.Renumbered from C.R.S. § 19-2-916 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.Amended by 2017 Ch. 263, § 158, eff. 5/25/2017.L. 2021: Entire article added with relocations, (SB 21-059), ch. 648, p. 648, § 2, effective October 1.This section is similar to former § 19-2-916 as it existed prior to 2021.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.