2013 Legislative Session

 Bills tracked by CJDC during the 2013 Legislative session.

HJR 13-1019 House Joint Resolution. Juvenile Defense Attorney Interim Committee

Sponsored by Representatives Levy and Navarro and Senators Giron and Harvey, concerned the creation of an Interim Committee to study legal defense in juvenile justice proceedings.

Status: Passed House and Senate, did not require Governor Hickenlooper’s signature.

Click here for more information about the interim committee!

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Senate Bill13 – 216  Concerning Youthful Offender System

Sponsored by Senator Giron and Representative Rosenthal, recreates and reenacts, with amendments, certain provisions relating to the sentencing of 18 to 19 year old young adult offenders to the youthful offender system in the state department of corrections. A “young adult offender” means a person who is at least 18 years of age but under 20 years of age at the time the crime is committed and under 21 years of age at the time of sentencing.  The bill also codifies provisions of the federal Prison Rape Elimination Act, that requires the separation of adolescents under 18 years of age from young adults over 18 years of age–that provision applies to all department of corrections facilities.

Status: Signed into law by the Governor

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House Bill 1021  Concerning Improving School Attendance/Truancy/GED/Education in Detention Facilities

Sponsored by Representative Fields and Senator Hudak, concerned measures to ensure that students comply with compulsory school attendance requirements. It also limited the length of detention that a court may impose to enforce compulsory school attendance, allowed students who are under juvenile court jurisdiction to obtain a GED, and specified minimum requirements for education services provided in juvenile detention facilities.

Status: Signed by Governor Hickenlooper on May 28, 2013.

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House Bill 1038  Concerning Voting Rights of Youth in DHS/DYC Facilities

Sponsored by Representative Rosenthal and Senator Todd; this bill required that persons held in juvenile facilities or in the custody of the division of youth corrections (division) in the department of human services who are18 years of age or older on the date of the next election must be allowed to vote. The bill requires the administrator of the facility to facilitate registration and voting by such individuals. In connection with this requirement, the bill requires the administrator to provide such individuals with information regarding his or her voting rights and how the individual may register to vote and cast a mail or mail-in ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail or mail-in ballot cast by the individual is timely delivered to the designated election official.

Status: Signed by Governor Hickenlooper on March 15, 2013

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House Bill 1082  Concerning Expunging Juvenile Delinquency Records

Sponsors:  Representative Labuda and Senator Steadman; This bill mandates that a court that adjudicates a person a juvenile delinquent shall consider initiating expungement proceedings for the person’s records not more than 30 days after the person’s sentence is discharged. A court that adjudicates a person an aggravated juvenile offender or a violent juvenile offender, or that adjudicates a person a juvenile delinquent for a felony offense of unlawful sexual behavior, shall consider initiating expungement proceedings for the person’s records not more than 5 years after the person’s sentence is discharged. The bill permits a court to order a petitioner’s records expunged in cases where the petitioner has been convicted of a misdemeanor since the termination of the court’s jurisdiction or the petitioner’s unconditional release from parole supervision.

Status: Signed by Governor Hickenlooper on May 17, 2013

House Bill 1129  Concerning Evidence-based Practices for Offender Services

Sponsored by Representative Pettersen and Senator Newell, created the evidence-based practices implementation for capacity resource center in the division of criminal justice in the department of public safety. The resource center will assist agencies serving juvenile and adult populations to develop, implement, and sustain effective science-based frameworks to support the use of evidence-based practices.

Status: Signed into Law by Governor Hickenlooper on May 11, 2013.

House Bill 1135  Concerning Voter Registration at 16

Sponsored by Representative Singer, states that a person who has reached 16 years of age but who will not reach 18 years of age by the date of the next election is allowed to preregister using any means available to persons of voting age. The registration will automatically become active when the preregistered person reaches 18 years of age.

Status: Signed by Governor Hickenlooper on May 10, 2013

_______________________________________________________________________HB13-1254 Concerning Restorative Justice

Sponsored by Representative Lee and Senator Newell, Under current law, restorative justice victim-offender conferences must be initiated by the victim. The bill modifies the requirement of victim initiation in some instances to permit district attorney or offender initiation. There is a restorative justice coordinating council established in the state court administrator’s office; the bill adds a member of the parole board; a representative from the department of corrections; a representative from a statewide organization representing victims; and a restorative justice practitioner. The restorative justice coordinating council shall develop a uniform restorative justice satisfaction evaluation. The council shall collect information regarding all existing restorative justice programs and practices and report that data to the house and senate judiciary committees by January 31, 2014.

The bill created a pilot project for restorative justice programs in 4 judicial districts. Set up requirement for who can participate, and mandated that, if the district attorney determines that the juvenile is a suitable candidate for the restorative justice program, the district attorney may offer the juvenile an opportunity to participate in the restorative justice program. If the juvenile agrees to participate, the district attorney shall not file charges pending completion of the program. If the juvenile fails to complete the program, the district attorney may file a petition against the juvenile. The pilot project sites must annually report to the division of criminal justice in the department of public safety certain information on the pilot projects. The division of criminal justice shall prepare an annual report based on the information received.

Status: Signed by Governor Hickenlooper May 28, 2013.

HB13-1279  Concerning Detention Procedures for Juveniles

Sponsored by Representative Labuda and Representative Schafer, would have instructed the courts in juvenile cases to seek to limit premature waiver of counsel by a juvenile in detention hearings. The bill also would have required juveniles to be free of physical restraints during hearings unless the court made specific findings of fact to the contrary that allowed for physical restraints to maintain order in the courtroom, prevent the juvenile’s escape, or provide for the safety of the courtroom.

Status: Voted down in the House on Second Reading on April 18, 2013.

Senate Bill13- 007 Concerning Eliminate the Repeal of the CCJJ

Sponsored by Senator Morse and Representative Waller, eliminated the repeal date of the Colorado Commission on Criminal and Juvenile Justice.

Status:  Signed by Governor Hickenlooper on May 28, 2013

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Senate Bill13 –  047 Concerning Identity Theft Protection for Youth in Foster Care

Sponsored by Senator Newell and Representative Fields, amended the statute for protection of youth in foster care against identity theft by: Removing the exclusion of youth who are in the custody of the division of youth corrections or a state mental hospital; Expanding the ages of the youth covered to any youth who is 16 years of age or older and in foster care; and Requiring the department of human services to obtain annual credit reports rather than a single report.

Status: Signed by Governor Hickenlooper on May 28, 2013.

Senate Bill13 –  177.  Concerning Reduction of Detention Bed Caps

Sponsors: Senator Lambert and Representative Gerou

Description: Starting April 1, 2013, the bill reduces the juvenile detention bed cap from 422 to 382.

Status: Signed into Law by the Governor
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Senate Bill 13 -229 Concerning Changes to statutory provisions related to criminal proceedings.

Sponsored by Senator Guzman and Representative Kagan, contains multiple criminal and juvenile justice provisions.  It changes the crime of escape for youth who turn 18 serving a DYC sentence in a staff secure (not locked) facility to a class 3 misdemeanor. It also changes sex offender registration so that the list you end up on (juvenile or adult) depends on age at the time of the incident (instead of age at adjudication).  Also includes CCJJ provision to require racial and gender impact note to determine effect of new criminal laws.

Status: Signed by Governor Hickenlooper on May 24, 2013