juvenile justice system2

B. Notification Procedures

Once a juvenile is taken into temporary custody, a parent, guardian or legal custodian must be notified in a timely manner by the law enforcement officer. The responsible person must be informed that the juvenile has a right to a hearing within 48 hours if placed in detention. A decision is made at the detention hearing whether the juvenile is to be detained further.

C. Intake Procedures

Intake is the first step in the processing of juveniles. At this time, a decision is made whether a juvenile will be held in custody or released. The chief judge in each judicial district appoints the intake screener. The screener then decides if the juvenile should be released to a parent, guardian, or other legal custodian, or admitted to a detention, temporary holding, or shelter facility pending notification to the court and a detention hearing. However, the Children's Code allows for a mandatory felony hold at the request of a law enforcement agency.
Detention Facility: Detention is the temporary care of a juvenile in a physically restrictive facility. A juvenile may be held here if the intake screener determines that the juvenile's immediate welfare or the protection of the community requires physical restriction. A juvenile may also be admitted to a detention facility if a law enforcement agency requests that the juvenile be detained because the alleged act would constitute a felony if committed by an adult.
Temporary Holding Facility: This type of facility provides a holding area for juveniles from the time the juvenile is taken into temporary custody until a detention hearing is held, if it has been determined that the juvenile requires a staff-secure or physically-secure setting. This area is separated by sight and sound from any area, which houses adult offenders. Law enforcement and screeners must follow detention criteria.
Staff Secure: A staff secure facility, in which egress from the facility is controlled by staff rather than architectural barriers is a viable option.
Shelter Facility: A shelter provides temporary care of a juvenile in a physically unrestrictive facility. Juveniles placed here are those whom the court has assessed must be removed from their homes for their immediate welfare, but do not require physical restriction.
Release to Parents: Except in the case of a mandatory felony hold, the intake screener is authorized to release a juvenile to a parent, guardian, or other legal custodian. The release of the juvenile may be made either without restriction or upon a written promise that the juvenile will appear in court.

D. Detention Hearing

If an intake screener has assessed that a juvenile is to be detained after his arrest, the court must hold a detention hearing within 48 hours, excluding Saturdays, Sundays, and court holidays, from the time the juvenile is taken into temporary custody. This hearing is held to determine whether a juvenile should be detained further. If the juvenile is released, the court defines the conditions under which release is granted.
Closing of Hearing: On conclusion of this hearing, the court must issue one of the following orders:
- That the juvenile be released to the custody of a parent, guardian, or legal custodian without posting of bond.
- That the juvenile be placed in a shelter facility.
- That bond be set and the juvenile be released upon posting of bail.
- That bond not be set and the juvenile be detained without bail after finding that he/she is a danger to himself/herself or the community.
- Further Detention: If a court orders continued detention of a juvenile and before the case may proceed to court adjudication, a petition must be filed by the district attorney within 72 hours alleging the juvenile is delinquent and stating the facts which bring him under court jurisdiction. The juvenile is then held pending a hearing on the petition.

Informal Adjustment: The district attorney may request of the court either before, during, or after the filing of a petition that a case be handled as an informal adjustment. The purpose of an informal adjustment is to promote rehabilitation of a juvenile without a charge against him. An adjustment may extend up to six months. During this period, the child and responsible person are counseled and provided guidance to promote rehabilitation. The court may also place the juvenile under the supervision of a probation department or other designated agency. A juvenile who has previously had an informal adjustment, or who was charged with a delinquent act in the preceding twelve months, will not be granted another informal adjustment. These juveniles and others, who are not diverted elsewhere, must proceed to an advisement hearing.

E. Juvenile Diversion Programs

If a district attorney decides not to process a juvenile through the legal system, the juvenile may be referred to a diversion program. The Legislature authorized the establishment of juvenile diversion programs to provide community-based alternatives to processing juveniles through the formal juvenile court system. Juveniles may be sent to a diversion program as an alternative to:
- Filing a delinquency petition (pre-filing diversion).
- Proceeding through an ad judicatory hearing (pre-adjudication diversion) when the court considers whether the allegations of a petition are supported by sufficient evidence.
- As part of the disposition of a juvenile adjudicated delinquent (post-adjudication diversion).
Diversion programs include services of diagnostic needs assessment, general counseling, specialized tutoring, community service, job training and placement, substance abuse treatment, restitution, supervision and follow-up activities. Juveniles eligible for state-funded diversion programs are those who have been taken into temporary custody more than once for crimes, which constitute misdemeanors, or once for a crime, which constitutes a felony. A juvenile's record will be expunged if he/she abides by the diversion program requirements. However, if the diversion program is not completed, the juvenile may be sent back to court or a delinquency petition filed. Before admission to a diversion program, the juvenile must admit guilt to the offense and sign a contract agreeing to the terms of diversion. In diversion, a juvenile is intensely supervised for the duration of the contract. Therefore, a juvenile does not become immersed in the legal system, and will not be adjudicated delinquent if further crimes are not committed and terms of the contract are honored. If the juvenile is arrested for committing another offense, the original charges are usually filed with charges for the new offense.

F. Advisement Hearing

The advisement hearing is the first hearing after a petition has been filed. At this time, the court advises the juvenile and the responsible person of their constitutional and legal rights. The juvenile or his/her legal guardian may request counsel or the court may appoint counsel.

G. Preliminary Hearing

A preliminary hearing is conducted to determine whether probable cause exists to believe that the delinquent act declared in the petition was committed. The district attorney or the juvenile accused of a delinquent act may request and be granted a preliminary hearing if the act is a felony or a class 1 misdemeanor. A written motion for a hearing must be filed not later than ten days after the advisement hearing and scheduled within 30 days of the filing of the motion. If a juvenile is being held, a hearing is scheduled as promptly as the court's calendar permits.

PROBABLE CAUSE: If the court determines that probable cause exists, this finding is recorded and an ad judicatory trial is scheduled. A delinquency petition is dismissed and the juvenile is discharged if probable cause does not exist. A request for review of the preliminary hearing findings may be filed by any interested party.

H. Adjudicatory Trial

At the adjudicatory trial, the court considers whether the allegations of the petition are supported by evidence beyond a reasonable doubt.
Not Guilty: If the juvenile is found not guilty, the court dismisses the petition and discharges the juvenile from any previous detention or restrictions.
Found Guilty: If the juvenile is found guilty, the court then proceeds to sentencing or directs that a separate sentencing hearing be scheduled.

I. Sentencing Hearing

If a juvenile offender is found guilty, the court will hear evidence to determine the disposition which best serves the interests of the juvenile and the public. Such evidence is to include, but not be limited to, a social study or other reports relating to the child's mental, physical, and social history. Unless waived by the court, the court's probation department or other agency designated by the court conducts a pre-sentence investigation. Upon closure of a sentencing hearing, the court may decide to: (a) continue the sentencing hearing; (b) order the juvenile to be placed out of the home; (c) grant a deferral of adjudication, at which time the court may place the juvenile under probation supervision; or (d) commit him/her to the Department of Youth Corrections.

J. Juvenile Crime Data

Information regarding juvenile crime in Colorado can be found in Appendix E. However, due to a fragmented and uncoordinated data collection systems, a great deal of information regarding juvenile offenders is lacking. For example, it remains difficult to identify ethnicity of the offender population at certain stages of the system and for various programs. In addition, tracking of youth gangs through the Colorado Bureau of Investigations is not comprehensive enough and cannot give figures on migration patterns and number of serious gang member residing in Colorado. We know that violent youth gangs do exist in Colorado, some homegrown but far too many have relocated from their home bases in Los Angeles, Chicago, New York, and Miami. All metro area cities report gang activities. Even rural Colorado is experiencing this trend. The Division of Criminal Justice is participating in several initiatives designed to synthesize juvenile and adult offender data into a single database with consistent reporting fields. HB96-1017 requires that all state agencies which provide supervision of youth pursuant to the Children’s Code develop a unified data base management system plan by the end of 1997. The Colorado Justice Information System is also a legislatively enacted project to develop a similar database for the adult system.

III. Service Network

The following is a description of state and local programs operated outside the formal juvenile justice system which are designed to impact directly on or complement delinquency reduction, control, or prevention. This description does not include every agency providing services to juveniles; rather it highlights some of the notable efforts now occurring in Colorado.

A. Department of Human Services

Aside from the detention and corrections programs operated by the Department of Human Services in its Division of Youth Corrections, there are a number of additional programs operated within other divisions, which work with delinquent and status offending youth. The Family Centers Unit of the DOHS funnels state and Federal funds to communities for the support of multi-purpose family centers and family preservation programs. Families seeking assistance to resolve a variety of problems can turn to local family centers for services and referral to other community and state run programs. The DOHS’ Alcohol and Drug Abuse Division is responsible for providing prevention, intervention, and treatment services to youth and adults with substance abusing diagnoses. ADAD works in collaboration with other juvenile justice agencies, especially in the prevention arena, because of the overlapping risk factors between drug abuse and delinquent activity. The Mental Health Services Division also participates in providing services to delinquent and at-risk youth, and collaborates with other agencies in the development of prevention programs.

B. Interagency Prevention Council

The Interagency Prevention Council (IACP) is managed by the state Department of Local Affairs, and involves as participants all state agencies, which work to prevent abuse, delinquent, crime, or other anti social behavior. Participating agencies and divisions include the Division of Criminal Justice (Office of Juvenile Justice, Drug Control and System Improvement), the Division of Youth Corrections, Department of Human Services’ Mental Health Services Division and Alcohol and Drug Abuse Division, Department of Education, Department of Local Affairs, and others. The Council has been tasked by the Governor to create a comprehensive, coordinated prevention plan for statewide implementation. The primary reason for the single plan is to reduce redundancy between agencies in grant expectations of communities, to develop a single information system for planning purposes, to reduce the work required by communities to apply for funds under each agencies’ programs, and respect and utilize the significant work that occurs at the local level to develop and implement community-wide strategic plans.

C. Colorado Child & Adolescent Service System Program (CASSP)

In 1989, the Colorado Division of Mental Health (DMH) received a three-year Child and Adolescent Service System Program (CASSP) grant from the National Institute of Mental Health. CASSP, along with a number of other state and private-funded initiatives, has served as a catalyst in changing the environment for child and adolescent mental health services in Colorado. The CASSP system of care philosophy has provided a common ground for agencies concerned with services for children and adolescents who are severely emotionally disturbed. The Division of Criminal Justice, Office of Juvenile Justice, is working with CASSP programs in four communities. The grants, funded under the JJDP Act formula grants program, will allow recipient agencies to develop plans for a neighborhood-based system of care addressing the mental health needs of disadvantaged youth and their families. The focus on disadvantaged, urban neighborhoods will present a unique opportunity to advance the delivery of culturally competent, family-oriented services to ethnic minority families.

D. Youth Crime Prevention Initiative

Youth Crime Prevention Initiative (YCPI) is a state funded program, operated out of the Department of Local Affairs, which distributes monies to communities, neighborhood groups, and local not-for-profit agencies for the reduction of violence. In 1997, the appropriations process of the legislature has recommended an increase in funding for this program to $8.0 million. The monies are used to fund programs which community leaders feel will effectively ameliorate violence and reduce crime and delinquency. Communities are free to choose the model they wish, and the programs are therefore diverse in intent and focus.

E. Colorado Children’s Trust Fund

The Children’s Trust Fund is supported by an appropriation from the legislature with the intent of developing an early childhood approach to healthy youth. The focus of the program is ages 0 to 4. The monies are used for immunization programs for infants and young children, parenting training, healthy baby visitations, and other similar programs.

F. Senate Bill 94

In 1991, the Colorado Legislature passed S.B. 94 to address the issue of overcrowding of detention and institutional facilities in the state's juvenile justice system. S.B. 94 authorized funding of community-based pilot programs for juvenile offenders. This legislation provides a means for strengthening the system of care at the local level. Current funding for SB94 is approximately $10.0 million.