State Bill Colorado

Amendments for HB22-1131

House Journal, March 10
44 HB22-1131 be amended as follows, and as so amended, be referred to
45 the Committee on Appropriations with favorable
46 recommendation:
47
48 Amend printed bill, page 4, line 7, after "19-2.5-1511," insert
49 "PROHIBITING THE PROSECUTION OF A CHILD WHO IS UNDER THIRTEEN
50 YEARS OF AGE,".
51
52 Page 4, after line 13 insert:
104 53 "SECTION 4. In Colorado Revised Statutes, amend 13-10-
54 as follows:
55
1 13-10-104. Municipal court created - jurisdiction. The
2 municipal governing body of each city or town shall create a municipal
3 court to hear and try all alleged violations of ordinance provisions of such
4 city or town AGAINST PERSONS WHO ARE THIRTEEN YEARS OF AGE OR
5 OLDER.".
6
7 Renumber succeeding sections accordingly.
8
9 Page 6, line 25, strike "has violated:" and substitute "has violated IS
10 ACCUSED OF VIOLATING:".
11
12 Page 6, line 27, strike "HAS VIOLATED" and substitute "IS ACCUSED OF
13 VIOLATING".
14
15 Page 7, line 1, strike "18." and substitute "18 OR SECTION 18-3-402.".
16
17 Page 7, after line 21 insert:
18 "SECTION 10. In Colorado Revised Statutes, 19-2.5-302, amend
19 (1) as follows:
20 19-2.5-302. Local juvenile services planning committee -
21 creation - duties - identification and notification of dually identified
22 crossover youth. (1) If all of the boards of commissioners of each
23 county or the city council of each city and county in a judicial district
24 agree, there may be created in the judicial district a local juvenile services
25 planning committee that is appointed by the chief judge of the judicial
26 district or, for the second judicial district, the presiding judge of the
27 Denver juvenile court, from persons recommended by the boards of
28 commissioners of each county or the city council of each city and county
29 within the judicial district. The committee, if practicable, must include,
30 but need not be limited to, a representative from a county department of
31 human or social services, a local school district, a local law enforcement
32 agency, a local probation department, the division of youth services,
33 private citizens, the district attorney's office, the public defender's office,
34 a community mental health representative, and a representative of the
35 concerns of municipalities. The committee, if created, shall meet as
36 necessary to develop a plan for the allocation of resources for local
37 juvenile services within the judicial district for the fiscal year. The
38 committee is strongly encouraged to consider programs with restorative
39 justice components when developing the plan. ADDITIONALLY, THE
40 COMMITTEE IS STRONGLY ENCOURAGED TO PROVIDE SERVICES TO
41 CHILDREN WHO ARE TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN
42 YEARS OF AGE WHO ARE AT RISK OF ENTERING DETENTION AT AN OLDER
43 AGE IF THEY DO NOT RECEIVE ALTERNATIVE SERVICES AS A PART OF THE
44 PLAN. The state department of human services shall approve the plan. A
45 local juvenile services planning committee may be consolidated with
46 other local advisory boards pursuant to section 24-1.7-103.".
47
48 Renumber succeeding sections accordingly.
49
50 Page 8, lines 18 and 19, strike "SECTIONS 19-3-102 AND" and substitute
51 "SECTION".
52
53 Page 13, strike lines 5 and 6, and substitute "amend (1)(b)(V) as
54 follows:".
55
1 Page 13, strike lines 23 through 27.
2
3 Page 14, strike lines 1 through 16.
4
5 Renumber succeeding sections accordingly.
6
7 Page 15, strike lines 7 through 27.
8
9 Page 16, strike lines 1 through 10.
10
11 Renumber succeeding sections accordingly.
12
13 Page 16, after line 10 insert:
14
15 "SECTION 21. In Colorado Revised Statutes, add 19-3-304.4 as
16 follows:
17 19-3-304.4. Pre-adolescent services task force - duties - report
18 - repeal. (1) (a) THE DEPARTMENT SHALL CREATE A PRE-ADOLESCENT
19 SERVICES TASK FORCE, REFERRED TO IN THIS SECTION AS THE "TASK
20 FORCE", TO EXAMINE AND MAKE RECOMMENDATIONS CONCERNING THE
21 IDENTIFICATION AND PROVISION OF NECESSARY SERVICES TO JUVENILES
22 WHO ARE TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF
23 AGE, INCLUDING:
24 (I) THE IDENTIFICATION OF THE SERVICES, IF ANY, PREVIOUSLY
25 PROVIDED THROUGH THE JUVENILE JUSTICE SYSTEM TO JUVENILES WHO
26 ARE TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE,
27 BUT ARE NO LONGER AVAILABLE TO JUVENILES WHO ARE TEN YEARS OF
28 AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE BECAUSE THE
29 MINIMUM AGE OF PROSECUTION OF JUVENILES WAS INCREASED;
30 (II) THE IDENTIFICATION OF SERVICES, IF ANY, PREVIOUSLY
31 PROVIDED TO CHILDREN IDENTIFIED AS VICTIMS OF CRIMES COMMITTED BY
32 JUVENILES WHO ARE TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN
33 YEARS OF AGE, BUT ARE NO LONGER AVAILABLE TO CHILDREN IDENTIFIED
34 AS VICTIMS OF CRIMES BECAUSE THE MINIMUM AGE OF PROSECUTION OF
35 JUVENILES WAS INCREASED;
36 (III) HOW ANY OF THE SERVICES IDENTIFIED PURSUANT TO
37 SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION MAY BE PROVIDED
38 BY EXISTING AGENCIES OR ORGANIZATIONS OUTSIDE OF THE JUVENILE
39 JUSTICE SYSTEM; AND
40 (IV) HOW EXISTING OR POTENTIAL FUNDING MAY BE UTILIZED TO
41 PROVIDE ANY OF THE SERVICES IDENTIFIED PURSUANT TO SUBSECTIONS
42 (1)(a)(I) AND (1)(a)(II) OF THIS SECTION OUTSIDE OF THE JUVENILE
43 JUSTICE SYSTEM.
44 (b) IN PERFORMING ITS DUTIES REQUIRED PURSUANT TO
45 SUBSECTION (1)(a) OF THIS SECTION, THE TASK FORCE SHALL CONSIDER:
46 (I) RELEVANT DATA, INCLUDING ANY AVAILABLE DATA
47 DEVELOPED PURSUANT TO SECTION 19-2.5-1404 (3);
48 (II) THE AVAILABILITY OF STATE OR FEDERAL RESOURCES TO
49 ASSIST WITH PROVIDING SERVICES IDENTIFIED PURSUANT TO SUBSECTIONS
50 (1)(a)(I) AND (1)(a)(II) OF THIS SECTION;
51 (III) OPPORTUNITIES TO PROVIDE NECESSARY ASSESSMENTS OR
52 SERVICES TO JUVENILES WHO ARE TEN YEARS OF AGE OR OLDER BUT
53 UNDER THIRTEEN YEARS OF AGE WITHOUT ARREST OR PROSECUTION; AND
54
1 (IV) OPPORTUNITIES TO UTILIZE AVAILABLE COLLABORATIVE
102 2 MANAGEMENT PROGRAMS CREATED PURSUANT TO SECTION 24-1.9-
3 AND ASSESSMENT CENTERS FOR CHILDREN, AS DEFINED IN SECTION
4 19-1-103 (13).
5 (c) (I) THE TASK FORCE SHALL CONVENE ON OR BEFORE JULY 1,
6 2022. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN
7 SERVICES, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, SHALL APPOINT THE
8 TASK FORCE MEMBERS, AND SHALL APPOINT PERSONS FROM THROUGHOUT
9 THE STATE, PERSONS WITH A DISABILITY, AND PERSONS WHO REFLECT THE
10 ETHNIC DIVERSITY OF THE STATE. THE TASK FORCE CONSISTS OF:
11 (A) A REPRESENTATIVE OF THE DIVISION OF CRIMINAL JUSTICE OF
12 THE DEPARTMENT OF PUBLIC SAFETY;
13 (B) A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY;
14 (C) A REPRESENTATIVE WITH EXPERIENCE PROVIDING DIVERSION
15 SERVICES AND SUPERVISION TO JUVENILES;
16 (D) A REPRESENTATIVE WITH EXPERIENCE PROVIDING VICTIM
17 SERVICES TO CHILDREN WHO ARE VICTIMS OF CRIMES;
18 (E) A REPRESENTATIVE WITH EXPERIENCE PROVIDING
19 PROBATIONARY SERVICES AND SUPERVISION TO JUVENILES;
20 (F) A REPRESENTATIVE OF THE OFFICE OF THE CHILD'S
21 REPRESENTATIVE;
22 (G) A REPRESENTATIVE OF THE OFFICE OF RESPONDENT PARENT'S
23 COUNSEL;
24 (H) A REPRESENTATIVE OF THE DIVISION OF CHILD WELFARE;
25 (I) A REPRESENTATIVE OF THE OFFICE OF BEHAVIORAL HEALTH
26 WITH EXPERTISE CONCERNING THE DEVELOPMENT AND OPERATION OF
27 RAPID CRISIS RESPONSE TEAMS;
28 (J) TWO REPRESENTATIVES FROM COUNTY DEPARTMENTS OF
29 HUMAN SERVICES, OF WHOM AT LEAST ONE REPRESENTATIVE IS FROM A
30 RURAL COUNTY DEPARTMENT OF HUMAN SERVICES;
31 (K) TWO REPRESENTATIVES FROM PUBLIC SCHOOLS OR SCHOOL
32 DISTRICTS, OF WHOM AT LEAST ONE REPRESENTATIVE IS FROM A RURAL
33 SCHOOL DISTRICT OR A SMALL RURAL SCHOOL DISTRICT, AS DEFINED IN
34 SECTION 22-7-1211 (4);
35 (L) TWO REPRESENTATIVES FROM LOCAL COLLABORATIVE
36 MANAGEMENT PROGRAMS CREATED PURSUANT TO SECTION 24-1.9-102;
37 (M) TWO REPRESENTATIVES FROM LOCAL JUVENILE SERVICES
38 PLANNING COMMITTEES CREATED PURSUANT TO SECTION 19-2.5-302, OF
39 WHOM AT LEAST ONE REPRESENTATIVE IS FROM A JUDICIAL DISTRICT WITH
40 AN ASSESSMENT CENTER FOR CHILDREN;
41 (N) A REPRESENTATIVE FROM THE RESTORATIVE JUSTICE
42 COORDINATING COUNSEL CREATED PURSUANT TO SECTION 13-3-116;
43 (O) A REPRESENTATIVE WITH EXPERIENCE PROVIDING PEDIATRIC
44 MENTAL AND BEHAVIORAL HEALTH SERVICES;
45 (P) A REPRESENTATIVE WITH EXPERIENCE PROVIDING TREATMENT
46 TO YOUTH WHO HAVE PARTICIPATED IN PROBLEMATIC SEXUAL BEHAVIOR;
47 (Q) A REPRESENTATIVE FROM A STATEWIDE ORGANIZATION THAT
48 ADVOCATES FOR VICTIMS OF SEXUAL ASSAULT;
49 (R) A REPRESENTATIVE FROM A STATEWIDE ORGANIZATION THAT
50 PROVIDES LEGAL SERVICES FOR VICTIMS' RIGHTS;
51 (S) TWO REPRESENTATIVES FROM COMMUNITY ORGANIZATIONS OR
52 NONPROFIT ORGANIZATIONS THAT PROVIDE EVIDENCE-BASED OR
53 PROMISING PRACTICES THAT ARE CULTURALLY-RESPONSIVE AND
54 TRAUMA-INFORMED TO JUVENILES; AND
55
1 (T) FOUR REPRESENTATIVES WHO EXPERIENCED INCARCERATION,
2 HOMELESSNESS, OR PLACEMENT OUT OF HOME AS A JUVENILE OR WHO ARE
3 THE PARENT OR LEGAL GUARDIAN OF A JUVENILE WHO IS EXPERIENCING OR
4 EXPERIENCED INCARCERATION, HOMELESSNESS, OR PLACEMENT OUT OF
5 HOME AS A JUVENILE.
6 (II) MEMBERS OF THE TASK FORCE SHALL SERVE WITHOUT
7 COMPENSATION AND WITHOUT REIMBURSEMENT FOR EXPENSES.
8 (d) THE TASK FORCE SHALL MEET AT LEAST EVERY MONTH FROM
9 JULY THROUGH DECEMBER OF 2022, OR MORE FREQUENTLY AS NEEDED TO
10 PERFORM ITS DUTIES REQUIRED PURSUANT TO SUBSECTIONS (1)(a) AND
11 (1)(e) OF THIS SECTION. THE TASK FORCE MEETING MUST NOT BE HELD
12 UNLESS AT LEAST A MAJORITY OF THE TOTAL NUMBER OF TASK FORCE
13 MEMBERS ARE PARTICIPATING, INCLUDING ONE REPRESENTATIVE
14 PURSUANT TO SUBSECTION (1)(c)(I)(S) OF THIS SECTION AND AT LEAST
15 TWO REPRESENTATIVES PURSUANT TO SUBSECTION (1)(c)(I)(T) OF THIS
16 SECTION.
17 (e) THE TASK FORCE SHALL CREATE A REPORT CONTAINING THE
18 EXAMINATION AND RECOMMENDATIONS MADE BY THE TASK FORCE
19 PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION BY DECEMBER 30,
20 2022, AND PROVIDE THAT REPORT TO THE JUDICIARY COMMITTEES OF THE
21 HOUSE OF REPRESENTATIVES AND THE SENATE, AND TO THE PUBLIC AND
22 BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF
23 REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES COMMITTEE OF
24 THE SENATE, OR ANY SUCCESSOR COMMITTEES.
25 (f) AFTER COMPLETING THE REPORT REQUIRED PURSUANT TO
26 SUBSECTION (1)(e) OF THIS SECTION, THE TASK FORCE SHALL MEET AT
27 LEAST EVERY QUARTER IN 2023 TO PROVIDE GUIDANCE AND TECHNICAL
28 ASSISTANCE TO THE DEPARTMENT OF HUMAN SERVICES AND LOCAL
29 JURISDICTIONS WITH ASSISTANCE RELATED TO IMPLEMENTING THE
30 RECOMMENDATIONS, IDENTIFIED PURSUANT TO THE REPORT. THE TASK
31 FORCE MEETING MUST NOT BE HELD UNLESS AT LEAST A MAJORITY OF THE
32 TOTAL NUMBER OF TASK FORCE MEMBERS ARE PARTICIPATING, INCLUDING
33 ONE REPRESENTATIVE PURSUANT TO SUBSECTION (1)(c)(I)(S) OF THIS
34 SECTION AND AT LEAST TWO REPRESENTATIVES PURSUANT TO SUBSECTION
35 (1)(c)(I)(T) OF THIS SECTION.
36 (2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.".
37
38 Renumber succeeding sections accordingly.
39
40 Page 17, after line 24 insert:
41
42 "SECTION 24. In Colorado Revised Statutes, 24-4.1-102, amend
43 (1), (10)(a) introductory portion, (10)(a)(I), (10)(b), and (10)(c); and add
44 (3.5) as follows:
45 24-4.1-102. Definitions. As used in this part 1, unless the context
46 otherwise requires:
47 (1) "Applicant" means any victim of a compensable crime OR
48 COMPENSABLE ACT who applies to the fund for compensation under this
49 part 1. In the case of such victim's death, the term includes any person
50 who was his THE VICTIM'S dependent at the time of the death of that
51 victim.
52
1 (3.5) "COMPENSABLE ACT" MEANS AN ACT COMMITTED BY A
2 JUVENILE WHO IS TEN YEARS OF AGE OR OLDER BUT LESS THAN THIRTEEN
3 YEARS OF AGE, AND THAT, IF COMMITTED BY A PERSON WHO IS THIRTEEN
4 YEARS OF AGE OR OLDER, IS PUNISHABLE AS A CRIME IN THIS STATE THAT
5 IS AN INTENTIONAL, KNOWING, RECKLESS, OR NEGLIGENT ACT, INCLUDING:
6 (a) AN ACT IN VIOLATION OF SECTION 42-4-1301 (1) OR (2) THAT
7 RESULTS IN RESIDENTIAL PROPERTY DAMAGE TO OR BODILY INJURY OR
8 DEATH OF ANOTHER PERSON OR RESULTS IN LOSS OF OR DAMAGE TO
9 EYEGLASSES, DENTURES, HEARING AIDS, OR OTHER PROSTHETIC OR
10 MEDICALLY NECESSARY DEVICES;
11 (b) AN ACT IN VIOLATION OF SECTION 42-4-1402 THAT RESULTS IN
12 THE DEATH OR BODILY INJURY OF ANOTHER PERSON OR IN VIOLATION OF
13 SECTION 42-4-1601 IN WHICH THE ACCIDENT RESULTS IN THE DEATH OR
14 BODILY INJURY OF ANOTHER PERSON; OR
15 (c) A FEDERAL OFFENSE THAT IS COMPARABLE TO THOSE SPECIFIED
16 IN THIS SUBSECTION (3.5) AND IS COMMITTED IN THIS STATE.
17 (10) (a) "Victim" means any of the following persons who suffer
18 property damage, economic loss, injury, or death as a result of a
19 compensable crime OR COMPENSABLE ACT perpetrated or attempted in
20 whole or in part in this state:
21 (I) Any person against whom a compensable crime OR
22 COMPENSABLE ACT is perpetrated or attempted. Such person shall be
23 referred to as a "primary victim".
24 (b) "Victim" also means a person who suffers injury or death, the
25 proximate cause of which is a compensable crime OR COMPENSABLE ACT
26 perpetrated or attempted in the person's presence against a primary victim.
27 (c) "Victim" also means a person who is a resident of this state
28 and who is a victim of a crime that occurred outside of this state, where
29 the crime would be a compensable crime OR COMPENSABLE ACT had it
30 occurred in this state and where the state or country in which the crime
31 occurred does not have a crime victim compensation program for which
32 the person would be eligible.
33 SECTION 25. In Colorado Revised Statutes, 24-4.1-105, amend
34 (2)(b) as follows:
35 24-4.1-105. Application for compensation. (2) (b) In order to
36 be eligible for compensation for property damage under this part 1, the
37 applicant shall submit a report or case number, if reasonably available,
38 from a law enforcement agency, which shall set forth the nature of the
39 property damage which THAT is the result of a compensable crime OR
40 COMPENSABLE ACT.
41 SECTION 26. In Colorado Revised Statutes, 24-4.1-108, amend
42 (1)(a) and (1.5)(a) as follows:
43 24-4.1-108. Awarding compensation. (1) A person is entitled to
44 an award of compensation under this part 1 if:
45 (a) The person is a victim or a dependent of a victim or a
46 successor in interest under the "Colorado Probate Code" of a victim of a
47 compensable crime which was perpetrated on or after July 1, 1982, OR A
48 COMPENSABLE ACT PERPETRATED ON OR AFTER JULY 1, 2023, and which
49 THE COMPENSABLE CRIME OR COMPENSABLE ACT resulted in a loss;
50 (1.5) A person is entitled to an award of compensation for
51 property damage under this part 1 if:
52 (a) The person is a victim of a compensable crime which was
53 perpetrated on or after July 1, 1983, OR A COMPENSABLE ACT
54 PERPETRATED ON OR AFTER JULY 1, 2023, and which THE COMPENSABLE
55 CRIME OR COMPENSABLE ACT resulted in property damage;
1 SECTION 27. In Colorado Revised Statutes, 24-4.1-109, amend
2 (1.5)(a)(I)(A) as follows:
3 24-4.1-109. Losses compensable. (1.5) (a) Losses compensable
4 under this part 1 resulting from property damage include:
5 (I) (A) Repair or replacement of property damaged as a result of
6 a compensable crime OR COMPENSABLE ACT; or
7 SECTION 28. In Colorado Revised Statutes, 24-4.1-117, amend
8 (2) as follows:
9 24-4.1-117. Fund created - control of fund. (2) The fund
10 consists of all money paid as a cost or surcharge levied on criminal
11 actions, as provided in section 24-4.1-119; any federal money available
12 to state or local governments for victim compensation; all money received
13 from any action or suit to recover damages from an assailant for a
14 compensable crime which OR COMPENSABLE ACT THAT was the basis for
15 an award of, and limited to, compensation received under this part 1; any
16 restitution paid by an assailant to a victim for damages for a compensable
17 crime which OR COMPENSABLE ACT THAT was the basis for an award
18 received under this part 1 and for damages for which the victim has
19 received an award of, and limited to, compensation received under this
20 part 1; money transferred from the marijuana tax cash fund pursuant to
21 section 39-28.8-501 (4.9)(b); and any other money that the general
22 assembly may appropriate or transfer to the fund.".
23
24 Page 17, strike lines 25 through 27.
25
26 Page 18, strike lines 1 through 9 and substitute:
27
28 "SECTION 29. Effective date - applicability. This act takes
29 effect January 1, 2024, and applies to offenses committed on or after said
30 date and to sentences ordered on or after said date; except that section 23,
31 this section 26, and section 27 of this act take effect upon passage.
32 SECTION 30. Safety clause. The general assembly hereby finds,
33 determines, and declares that this act is necessary for the immediate
34 preservation of the public peace, health, or safety.".
35
36

House Journal, April 22
47 HB22-1131 be amended as follows, and as so amended, be referred to
48 the Committee of the Whole with favorable
49 recommendation:
50
51 Amend the Judiciary Committee Report dated March 9, 2022, page 8,
52 strike line 11 and substitute "Page 17, strike lines 25 through 27 and
53 substitute:
54
55
1 "SECTION 29. Appropriation. For the 2022-23 state fiscal year,
2 $91,937 is appropriated to the department of human services for use by
3 the division of child welfare. This appropriation is from the general fund
4 and is based on an assumption that the division will require an additional
5 0.9 FTE. To implement this act, the division may use this appropriation
6 for administration.".".
7
8 Page 8 of the report, line 13, strike "29." and substitute "30.".
9
10 Page 8 of the report, line 17, strike "30." and substitute "31.".
11
12 Page 8 of the report, line 19, strike "safety."." and substitute "safety.
13
14 Page 1 of the bill, line 103, strike "INTERVENTIONS." and substitute
15 "INTERVENTIONS AND MAKING AN APPROPRIATION.".".
16
17

House Journal, April 27
53 Amendment No. 1, Appropriations Report, dated April 22, 2022, and
54 placed in member’s bill file; Report also printed in House Journal,
55 April 22, 2022.
1 Amendment No. 2, Judiciary Report, dated March 9, 2022, and placed in
2 member’s bill file; Report also printed in House Journal, March 10, 2022.
3
4 Amendment No. 3, by Representative Gonzales-Gutierrez.
5
6 Strike the Appropriations Committee Report, dated, April 22, 2022.
7
8 Strike the Judiciary Committee Report, dated March 9, 2022, and
9 substitute:
10
11 "Amend printed bill, strike everything below the enacting clause, and
12 substitute:
13 SECTION 1. Legislative declaration. (1) The general assembly
14 finds and declares that:
15 (a) Children who are charged with crimes and subjected to the
16 juvenile justice system, as compared to similarly situated children who
17 are served outside of the juvenile justice system, are more likely to enter
18 the criminal justice system as adults, more likely to present a future threat
19 to community safety, more likely to face mental health challenges, and
20 less likely to graduate from high school;
21 (b) Younger children who are in the juvenile justice system are at
22 a higher risk of becoming victims of violence within the juvenile justice
23 system;
24 (c) Children of color are more likely to be referred to the juvenile
25 justice system and detained in juvenile justice facilities than white
26 children; and
27 (d) Existing systems, including behavioral health programs,
28 schools, child welfare systems, and other local programs and services, are
29 better equipped than the juvenile justice system to address the needs of
30 young children and to provide developmentally appropriate services to
31 improve community safety by reducing the risk that these children
32 commit future crimes as adults.
33 (2) Therefore, the general assembly declares its intent to take the
34 first step toward ending the prosecution of children who are ten years of
35 age or older but under thirteen years of age, and ultimately to empower
36 community-based responses in the health, education, and child welfare
37 systems to serve children who are under thirteen years of age. The general
38 assembly supports, instead of prosecution, evidence-based and promising
39 practices and programs that improve outcomes for children and
40 community safety, and reduce and eliminate racial and ethnic disparities.
41 SECTION 2. In Colorado Revised Statutes, add 19-3-304.4 as
42 follows:
43 19-3-304.4. Pre-adolescent services task force - duties - report
44 - repeal. (1) (a) THE DEPARTMENT SHALL CREATE A PRE-ADOLESCENT
45 SERVICES TASK FORCE, REFERRED TO IN THIS SECTION AS THE "TASK
46 FORCE", TO EXAMINE GAPS IN SERVICES FOR JUVENILES WHO ARE TEN
47 YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE, IF ANY
48 WOULD BE CREATED IF THE MINIMUM AGE OF PROSECUTION OF JUVENILES
49 IS INCREASED FROM AGE TEN TO AGE THIRTEEN, AND TO MAKE
50 RECOMMENDATIONS FOR ADDRESSING THE GAPS IN SERVICES IDENTIFIED.
51 THE TASK FORCE SHALL:
52
1 (I) IDENTIFY THE SERVICES, IF ANY, THAT ARE CURRENTLY
2 PROVIDED THROUGH THE JUVENILE JUSTICE SYSTEM TO JUVENILES WHO
3 ARE TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE,
4 BUT WOULD NO LONGER BE AVAILABLE TO JUVENILES WHO ARE TEN
5 YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE IF THE
6 MINIMUM AGE OF PROSECUTION OF JUVENILES IS INCREASED TO THIRTEEN;
7 (II) IDENTIFY THE SERVICES, IF ANY, THAT ARE CURRENTLY
8 PROVIDED THROUGH THE JUVENILE JUSTICE SYSTEM TO CHILDREN
9 IDENTIFIED AS VICTIMS OF CRIMES COMMITTED BY JUVENILES WHO ARE
10 TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE, BUT
11 WOULD NO LONGER BE AVAILABLE TO CHILDREN IDENTIFIED AS VICTIMS
12 OF CRIMES COMMITTED BY JUVENILES WHO ARE TEN YEARS OF AGE OR
13 OLDER BUT UNDER THIRTEEN YEARS OF AGE IF THE MINIMUM AGE OF
14 PROSECUTION OF JUVENILES IS INCREASED TO THIRTEEN;
15 (III) MAKE RECOMMENDATIONS FOR HOW THE SERVICES
16 IDENTIFIED IN SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION MAY
17 INSTEAD BE PROVIDED BY EXISTING AGENCIES OR ORGANIZATIONS
18 OUTSIDE OF THE JUVENILE JUSTICE SYSTEM, IF THE MINIMUM AGE OF
19 PROSECUTION OF JUVENILES IS INCREASED TO THIRTEEN; AND
20 (IV) MAKE RECOMMENDATIONS FOR HOW EXISTING OR POTENTIAL
21 FUNDING MAY BE UTILIZED TO PROVIDE SERVICES IDENTIFIED PURSUANT
22 TO SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION OUTSIDE OF THE
23 JUVENILE JUSTICE SYSTEM, IF THE MINIMUM AGE OF PROSECUTION OF
24 JUVENILES IS INCREASED TO THIRTEEN.
25 (b) IN PERFORMING ITS DUTIES REQUIRED PURSUANT TO
26 SUBSECTION (1)(a) OF THIS SECTION, THE TASK FORCE SHALL CONSIDER:
27 (I) RELEVANT DATA, INCLUDING ANY AVAILABLE DATA
28 DEVELOPED PURSUANT TO SECTION 19-2.5-1404 (3), DATA FROM THE
29 DEPARTMENT OF HUMAN SERVICES RELATED TO YOUTH TEN YEARS OF AGE
30 OR OLDER BUT UNDER THIRTEEN YEARS OF AGE, AND EXPUNGED JUVENILE
31 DELINQUENT RECORDS RELATED TO YOUTH TEN YEARS OF AGE OR OLDER
32 BUT UNDER THIRTEEN YEARS OF AGE AT THE TIME THE CHARGES WERE
33 FILED;
34 (II) THE CURRENT OR POTENTIAL AVAILABILITY OF LOCAL, STATE,
35 OR FEDERAL RESOURCES TO ASSIST WITH PROVIDING SERVICES IDENTIFIED
36 PURSUANT TO SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION;
37 (III) OPPORTUNITIES TO PROVIDE NECESSARY ASSESSMENTS OR
38 SERVICES TO JUVENILES WHO ARE TEN YEARS OF AGE OR OLDER BUT
39 UNDER THIRTEEN YEARS OF AGE WITHOUT ARREST OR PROSECUTION; AND
40 (IV) OPPORTUNITIES TO UTILIZE AVAILABLE COLLABORATIVE
41 MANAGEMENT PROGRAMS CREATED PURSUANT TO SECTION 24-1.9-102,
42 JUVENILE SERVICES PLANNING COMMITTEES CREATED PURSUANT TO
43 SECTION 19-2.5-302, AND ASSESSMENT CENTERS FOR CHILDREN, AS
44 DEFINED IN SECTION 19-1-103 (13).
45 (c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE STATE
46 AND COUNTIES ONLY PURSUE APPROPRIATE MEASURES NECESSARY TO
47 SERVE AND PROTECT A CHILD AS NEEDED, AVOID ANY UNNECESSARY
48 INTERVENTION WHENEVER POSSIBLE, AND USE THE LEAST RESTRICTIVE
49 ALTERNATIVES AND APPROPRIATELY MATCHED SERVICES.
50 (d) (I) THE TASK FORCE SHALL CONVENE ON OR BEFORE AUGUST
51 1, 2022. THE APPOINTING AUTHORITIES SHALL APPOINT PERSONS FROM
52 THROUGHOUT THE STATE, PERSONS WITH A DISABILITY, AND PERSONS
53 WHO REFLECT THE RACIAL AND ETHNIC DIVERSITY OF THE STATE. THE
54 TASK FORCE CONSISTS OF:
55
1 (A) FOUR MEMBERS OF THE GENERAL ASSEMBLY, WITH ONE
2 APPOINTED BY THE SENATE MAJORITY LEADER, ONE APPOINTED BY THE
3 SENATE MINORITY LEADER, ONE APPOINTED BY THE HOUSE OF
4 REPRESENTATIVES MAJORITY LEADER, AND ONE APPOINTED BY THE HOUSE
5 OF REPRESENTATIVES MINORITY LEADER;
6 (B) A REPRESENTATIVE OF THE DIVISION OF CRIMINAL JUSTICE IN
7 THE DEPARTMENT OF PUBLIC SAFETY WHO IS FAMILIAR WITH FUNDING
8 MECHANISMS FOR DIVERSION, APPOINTED BY THE DIRECTOR OF THE
9 DIVISION OF CRIMINAL JUSTICE;
10 (C) A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY,
11 APPOINTED BY A STATEWIDE ORGANIZATION OF COUNTY SHERIFFS;
12 (D) A REPRESENTATIVE FROM A DISTRICT ATTORNEY'S OFFICE
13 WITH EXPERIENCE PROVIDING DIVERSION SERVICES AND SUPERVISION TO
14 JUVENILES, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE COLORADO
15 DISTRICT ATTORNEYS' COUNCIL;
16 (E) A REPRESENTATIVE FROM THE OFFICE OF THE STATE PUBLIC
17 DEFENDER OR OFFICE OF ALTERNATIVE DEFENSE COUNSEL WITH
18 EXPERIENCE REPRESENTING JUVENILES, APPOINTED BY THE STATE PUBLIC
19 DEFENDER;
20 (F) A REPRESENTATIVE WITH EXPERIENCE PROVIDING
21 PROBATIONARY SERVICES AND SUPERVISION TO JUVENILES, APPOINTED BY
22 THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT;
23 (G) THE DIRECTOR OF THE OFFICE OF THE CHILD'S
24 REPRESENTATIVE, OR THE DIRECTOR'S DESIGNEE;
25 (H) THE DIRECTOR OF THE OFFICE OF THE RESPONDENT PARENT'S
26 COUNSEL, OR THE DIRECTOR'S DESIGNEE;
27 (I) A REPRESENTATIVE OF THE DIVISION OF CHILD WELFARE,
28 APPOINTED BY THE DIRECTOR OF THE OFFICE OF CHILDREN, YOUTH, AND
29 FAMILIES;
30 (J) A REPRESENTATIVE OF THE BEHAVIORAL HEALTH
31 ADMINISTRATION WITH EXPERTISE CONCERNING THE DEVELOPMENT AND
32 OPERATION OF RAPID CRISIS RESPONSE TEAMS, APPOINTED BY THE
33 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES;
34 (K) TWO REPRESENTATIVES FROM PUBLIC SCHOOLS OR SCHOOL
35 DISTRICTS, OF WHOM, ONE REPRESENTATIVE IS FROM A RURAL SCHOOL
36 DISTRICT OR SMALL RURAL SCHOOL DISTRICT AS DEFINED IN SECTION
37 22-7-1211 (4), AND ONE REPRESENTATIVE IS FROM AN URBAN SCHOOL
38 DISTRICT, APPOINTED BY THE COMMISSIONER OF EDUCATION;
39 (L) A REPRESENTATIVE FROM A LOCAL COLLABORATIVE
40 MANAGEMENT PROGRAM CREATED PURSUANT TO SECTION 24-1.9-102,
41 APPOINTED BY THE COLLABORATIVE MANAGEMENT PROGRAM STATEWIDE
42 STEERING COMMITTEE;
43 (M) A REPRESENTATIVE FROM A LOCAL JUVENILE SERVICES
44 PLANNING COMMITTEE CREATED PURSUANT TO SECTION 19-2.5-302 FROM
45 A JUDICIAL DISTRICT WITH AN ASSESSMENT CENTER FOR CHILDREN,
46 APPOINTED BY THE COLORADO YOUTH DETENTION CONTINUUM ADVISORY
47 BOARD;
48 (N) A REPRESENTATIVE FROM THE RESTORATIVE JUSTICE
49 COORDINATING COUNCIL, APPOINTED BY THE RESTORATIVE JUSTICE
50 COORDINATING COUNCIL;
51 (O) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH
52 CARE POLICY AND FINANCING, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
53
1 (P) TWO REPRESENTATIVES FROM COUNTY DEPARTMENTS OF
2 HUMAN SERVICES, OF WHOM, ONE REPRESENTATIVE IS FROM A RURAL
3 COUNTY DEPARTMENT OF HUMAN SERVICES AND ONE REPRESENTATIVE IS
4 FROM AN URBAN COUNTY DEPARTMENT OF HUMAN SERVICES, APPOINTED
5 BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES,
6 OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
7 (Q) A REPRESENTATIVE WITH EXPERIENCE PROVIDING TREATMENT
8 TO YOUTH WHO HAVE PARTICIPATED IN PROBLEMATIC SEXUAL BEHAVIOR,
9 APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN
10 SERVICES, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
11 (R) A REPRESENTATIVE FROM A COMMUNITY-BASED
12 ORGANIZATION THAT PROVIDES VICTIM SERVICES TO CHILDREN WHO ARE
13 VICTIMS OF CRIMES, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
14 DEPARTMENT OF HUMAN SERVICES, OR THE EXECUTIVE DIRECTOR'S
15 DESIGNEE;
16 (S) A REPRESENTATIVE FROM A COMMUNITY-BASED
17 ORGANIZATION THAT SERVES VICTIMS OF SEXUAL ASSAULT, APPOINTED BY
18 THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES, OR
19 THE EXECUTIVE DIRECTOR'S DESIGNEE;
20 (T) A REPRESENTATIVE WITH EXPERIENCE PROVIDING PEDIATRIC
21 MENTAL AND BEHAVIORAL HEALTH SERVICES, APPOINTED BY THE
22 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES, OR THE
23 EXECUTIVE DIRECTOR'S DESIGNEE;
24 (U) A PEDIATRICIAN OR PEDIATRIC CLINICIAN, APPOINTED BY THE
25 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES, OR THE
26 EXECUTIVE DIRECTOR'S DESIGNEE;
27 (V) A REPRESENTATIVE OF A NONPROFIT ORGANIZATION THAT
28 PROVIDES LEGAL SERVICES TO CHILDREN WHO ARE TEN YEARS OF AGE OR
29 OLDER BUT UNDER THIRTEEN YEARS OF AGE, APPOINTED BY THE
30 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES, OR THE
31 EXECUTIVE DIRECTOR'S DESIGNEE;
32 (W) TWO REPRESENTATIVES FROM COMMUNITY ORGANIZATIONS
33 OR NONPROFIT ORGANIZATIONS THAT PROVIDE EVIDENCE-BASED OR
34 PROMISING PRACTICES THAT ARE CULTURALLY-RESPONSIVE AND
35 TRAUMA-INFORMED TO JUVENILES, APPOINTED BY THE EXECUTIVE
36 DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES, OR THE EXECUTIVE
37 DIRECTOR'S DESIGNEE; AND
38 (X) THREE REPRESENTATIVES WHO EXPERIENCED INCARCERATION,
39 HOMELESSNESS, OR OUT-OF-HOME PLACEMENT AS A JUVENILE, OR WHO
40 ARE THE PARENT OR LEGAL GUARDIAN OF A JUVENILE WHO IS
41 EXPERIENCING OR EXPERIENCED INCARCERATION, HOMELESSNESS, OR
42 OUT-OF-HOME PLACEMENT AS A JUVENILE, APPOINTED BY THE EXECUTIVE
43 DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES, OR THE EXECUTIVE
44 DIRECTOR'S DESIGNEE.
45 (II) MEMBERS OF THE TASK FORCE SHALL SERVE WITHOUT
46 COMPENSATION AND WITHOUT REIMBURSEMENT FOR EXPENSES; EXCEPT
47 THAT THE REPRESENTATIVES APPOINTED PURSUANT TO SUBSECTIONS
48 (1)(d)(I)(A), (1)(d)(I)(W), AND (1)(d)(I)(X) MAY RECEIVE PER DIEM
49 COMPENSATION FOR EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES
50 PURSUANT TO THIS SECTION.
51
52 (e) THE TASK FORCE SHALL MEET AT LEAST TWICE EVERY MONTH
53 FROM AUGUST THROUGH DECEMBER OF 2022, OR MORE FREQUENTLY AS
54 NEEDED TO PERFORM ITS DUTIES REQUIRED PURSUANT TO THIS SECTION.
55
1 (f) AT THE FIRST TASK FORCE MEETING, THE TASK FORCE MUST
2 SELECT A CHAIR AND VICE-CHAIR, AND ESTABLISH BYLAWS THAT INCLUDE
3 ENSURING A QUORUM, AND ENSURING THAT REPRESENTATIVES APPOINTED
4 PURSUANT TO SUBSECTIONS (1)(d)(I)(W) AND (1)(d)(I)(X) ARE ABLE TO
5 REGULARLY ATTEND AND PARTICIPATE IN MEETINGS. THE TASK FORCE
6 MUST CONSIDER HOLDING MEETINGS OUTSIDE BUSINESS HOURS, VIRTUAL
7 MEETINGS, AND PROVIDING REIMBURSEMENT FOR MEETING EXPENSES AS
8 APPROPRIATE.
9 (g) THE TASK FORCE SHALL CREATE A REPORT CONTAINING THE
10 EXAMINATION AND RECOMMENDATIONS MADE BY THE TASK FORCE
11 PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION BY DECEMBER 30,
12 2022, AND PROVIDE THAT REPORT TO THE JUDICIARY COMMITTEES OF THE
13 HOUSE OF REPRESENTATIVES AND THE SENATE, AND TO THE PUBLIC AND
14 BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE
15 OF REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES
16 COMMITTEE OF THE SENATE, OR ANY SUCCESSOR COMMITTEES.
17 (2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
18 SECTION 3. In Colorado Revised Statutes, 19-1-306, add (3)(g)
19 as follows:
20 19-1-306. Expungement of juvenile delinquent records -
21 definition - repeal. (3) (g) (I) NOTWITHSTANDING ANY ORDER FOR
22 EXPUNGEMENT ISSUED PURSUANT TO THIS SECTION, ANY RECORD THAT IS
23 ORDERED EXPUNGED IS AVAILABLE TO THE PRE-ADOLESCENT SERVICES
24 TASK FORCE CREATED PURSUANT TO SECTION 19-3-304.4 FOR THE
25 PURPOSE OF PERFORMING ITS REQUIRED DUTIES.
26 (II) THIS SUBSECTION (3)(g) IS REPEALED, EFFECTIVE JULY 1, 2023.
27 SECTION 4. Appropriation. For the 2022-23 state fiscal year,
28 $91,937 is appropriated to the department of human services for use by
29 the division of child welfare. This appropriation is from the general fund
30 and is based on an assumption that the division will require an additional
31 0.9 FTE. To implement this act, the division may use this appropriation
32 for administration.
33 SECTION 5. Safety clause. The general assembly hereby finds,
34 determines, and declares that this act is necessary for the immediate
35 preservation of the public peace, health, or safety.".
36
37 Page 1 of the bill, line 103, strike "INTERVENTIONS." and substitute
38 "INTERVENTIONS AND MAKING AN APPROPRIATION.
39
40 On motion of Representative Bockenfeld, the bill was read at length.
41
42 As amended, ordered engrossed and placed on the Calendar for Third
43 Reading and Final Passage.
44

House Journal, April 27
1 Amend proposed second reading amendment (HB1131_L.027), page 1,
2 strike lines 34 through 38.
3
4 Page 2 of the amendment, strike line 1 and substitute:
5
7 6 "SECTION 2. In Colorado Revised Statutes, add 16-11.3-103.
7 as follows:
8 16-11.3-103.7. Examination of pre-adolescent services - change
9 minimum age for prosecution - report - repeal. (1) THE COMMISSION
10 SHALL EXAMINE GAPS IN SERVICES FOR JUVENILES WHO ARE TEN".
11
12 Page 3, strike lines 13 through 43.
13
14 Strike page 4.
15
16 Page 5, strike lines 1 through 33.
17
18 Reletter succeeding paragraphs accordingly.
19
20 Page 5, strike lines 37 through 43.
21
22 Page 6, strike line 1.
23
24 Reletter succeeding paragraph accordingly.
25
26 Page 6, lines 16 and 17, strike "PRE-ADOLESCENT SERVICES TASK FORCE
27 CREATED IN SECTION 19-3-304.4" and substitute "COLORADO COMMISSION
28 ON CRIMINAL AND JUVENILE JUSTICE CREATED IN SECTION 13-11.3-102".
29
30 Page 6, line 18, strike "DUTIES." and substitute "DUTIES AS SPECIFIED IN
31 SECTION 16-11.3-103.7.".
32
33 Page 6, lines 21 and 22, strike "human services for use by the division of
34 child welfare." and substitute "public safety for use by the Colorado
35 commission on criminal and juvenile justice for the purposes specified in
36 section 16-11.3-103.7, C.R.S.".
37
38 Page 6, line 24, strike "division" and substitute "commission".
39 Strike "TASK FORCE" and substitute "COMMISSION" on: Page 2, lines 6 and
40 32; Page 5, line 34; and Page 6, lines 2 and 3.
41
42 The amendment was declared lost by the following roll call vote:
43
44 YES 29 NO 35 EXCUSED 1 ABSENT
45 Amabile N Exum N Lynch Y Sirota N
46 Bacon N Froelich N McCluskie Y Snyder Y
47 Baisley Y Geitner Y McCormick N Soper Y
48 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
49 Bernett N Gray N McLachlan Y Tipper N
50 Bird Y Hanks Y Michaelson Jenet N Titone N
51 Bockenfeld Y Herod N Mullica N Valdez A. N
52 Boesenecker N Holtorf Y Neville Y Valdez D. N
53 Bradfield Y Hooton N Ortiz N Van Beber Y
54 Caraveo N Jodeh N Pelton Y Van Winkle Y
55 Carver Y Kennedy N Pico Y Weissman N
1 Catlin Y Kipp N Ransom Y Will Y
2 Cutter N Larson Y Rich Y Williams Y
3 Daugherty N Lindsay N Ricks N Woodrow E
4 Duran N Lontine N Roberts Y Woog Y
5 Esgar N Luck Y Sandridge Y Young N
6 Speaker N