(1) (a) The chief judge of any judicial district may issue an order that any juvenile who applies for preadjudication release be evaluated for placement by a preadjudication service program established pursuant to this section. In evaluating the juvenile, the service agency shall follow criteria for the placement of a juvenile established pursuant to section 19-2-212. Upon evaluation, the service agency shall make a recommendation to the court concerning placement of the juvenile with a preadjudication service program.
(b) Parents or legal guardians of a juvenile evaluated by a preadjudication service program shall complete the information form described in section 19-2-212 (1)(b)(VIII) no later than two business days after the evaluation or prior to the juvenile's first detention hearing, whichever occurs first. If available, the screening team or preadjudication service program shall file the original completed information form with the court. If the information form has not been completed at the time of the detention hearing, the court shall direct the parent or legal guardian to immediately complete the form and file it with the court. The screening team, preadjudication service program, or the court shall deliver a copy of the information report to the division of youth services; the guardian ad litem, if any; and the county department of human or social services no later than five business days after the date of the detention hearing.
Any county or city and county or judicial district in the state may establish a preadjudication service program for use by the district court for the county or city and county or judicial district. Such program shall be established in accordance with a local justice plan developed pursuant to section 19-2-211.
The local justice plan must provide for the assessment of juveniles taken into custodyand detained by law enforcement officers, which assessment must be based on criteria for the placement of juveniles established pursuant to section 19-2-212, so that relevant information may be presented to the judge presiding over the detention hearing. The information provided to the court through the screening process, which information must include the record of any prior adjudication of the juvenile, is intended to enhance the court's ability to make a more appropriate detention and bond decision, based on facts relative to the juvenile's substantial risk of serious harm to others.
The plan may include different methods and levels of community-based supervisionas conditions for preadjudication release, including the possibility of release without formal supervision. The plan may provide for the use of the same supervision methods that have been established for adult defendants as a pretrial release method to reduce pretrial incarceration or that have been established as sentencing alternatives for juvenile or adult offenders placed on probation or parole. The use of such supervision methods is intended to reduce preadjudication detentions without sacrificing the protection of the community from juveniles who may be risks to the public. The plan may allow for the release of the juvenile to his or her home with no formal supervision or provide for the use of any of the following supervision methods as conditions of preadjudication release:
Periodic telephone communications with the juvenile;
Periodic office visits by the juvenile to the preadjudication service agency;
Periodic home visits to the juvenile's home;
If a validated mental health or substance use screening and subsequent mental healthor substance use assessment indicates that the juvenile has a need:
Periodic drug testing of the juvenile; or
Mental health or substance use treatment for the juvenile, which treatment may include residential treatment;
Periodic visits to the juvenile's school;
Domestic violence or child abuse counseling for the juvenile, if applicable;
Electronic or global position monitoring of the juvenile;
Work release for the juvenile, if school attendance is not applicable or appropriateunder the circumstances; or
Juvenile day reporting and day treatment programs.
Source: L. 96: Entire article amended with relocations, p. 1609, § 1, effective January 1,
1997. L. 2006: (4)(h) amended, p. 19, § 4, effective March 8. L. 2019: (1), (3), and (4) amended, (SB 19-108), ch. 294, p. 2699, § 6, effective July 1.
Editor's note: (1) This section was formerly numbered as 19-2-205.5 and the former section 19-2-302 was relocated to section 19-2-703.
(2) The form referenced in subsection (1)(b) is scheduled to be available at each judicial district by January 1, 2021.