(1) As a condition of a deferral of adjudication or of probation, in conjunction with other dispositional orders, or otherwise, the court may order the juvenile to participate in a supervised community service or community work program if the court finds that the program will promote the purposes of this title as set forth in section 19-1-102.
Participation by the juvenile or by both the juvenile and the parent or guardian of thejuvenile in a community service or work program may be ordered in addition to or in conjunction with an order to pay restitution pursuant to section 19-2-918 or 19-2-919.
With the written consent of the victim of the juvenile's delinquent act, the juvenile orboth the juvenile and the custodial parent, the juvenile's parent who has parental responsibilities, or the guardian of the juvenile may be ordered to perform work for the victim.
Any order issued by the court pursuant to this section shall be structured to allow thejuvenile to continue regular school attendance and any employment, if appropriate, and shall be suitable to the age and abilities of the juvenile. The amount of community service or work ordered shall be reasonably related to the seriousness of the juvenile's delinquent act.
The court may order any agency or person supervising a juvenile in a communityservice or work program to advise the court concerning the juvenile's participation in the program in such manner as the court requires.
The court may order, as a condition of probation, that the juvenile be placed out ofthe home in a residential child care facility providing a supervised work program or that the juvenile in such facility report to a supervised work program if the court finds the following:
That the juvenile will not be deprived of the education that is appropriate to his or herage, needs, and specific rehabilitative goals;
That the supervised work program is of a constructive nature designed to promoterehabilitation, is appropriate to the age level and physical ability of the juvenile, and is combined with counseling from a probation officer or other guidance personnel; and
That the supervised work program assignment is made for a period of time consistentwith the juvenile's best interest but not exceeding one hundred eighty days.
The probation department of the court shall be responsible for establishing and identifying suitable work programs and assignments. There shall be cooperation of boards of county commissioners, county sheriffs, and political subdivisions in helping to establish work programs. The cooperation of suitable nonprofit organizations and other entities may be sought to establish suitable work programs.
For purposes of the "Colorado Governmental Immunity Act", article 10 of title 24,C.R.S., "public employee" does not include any juvenile who is ordered to participate in a work or community service program under this section.
No governmental entity or cooperating nonprofit organization shall be liable underthe "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., or under the "Colorado Employment Security Act", articles 70 to 82 of title 8, C.R.S., for any benefits on account of any juvenile who is ordered to participate in a work or community service program under this section, but nothing in this subsection (9) shall prohibit a governmental entity or cooperating nonprofit organization from electing to accept the provisions of the "Workers' Compensation Act of Colorado" by purchasing and keeping in force a policy of workers' compensation insurance covering such person.
Any general public liability insurance policy obtained to cover juveniles performingwork or community service pursuant to this section and to provide coverage for injuries caused to or by juveniles performing work or community service pursuant to this section shall be in a sum of not less than the current limit on government liability under the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.
Source: L. 96: Entire article amended with relocations, p. 1616, § 1, effective January 1, 1997. L. 98: (3) amended, p. 1408, § 68, effective February 1, 1999.
Editor's note: (1) This section was formerly numbered as 19-2-706. Prior to relocation in 1996, the said section 19-2-706 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3117.1 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) The former section 19-2-308 was relocated to section 19-2-702 when this article was amended with relocations in 1996.
Cross references: For community or useful public service for persons convicted of misdemeanors, see § 18-1.3-507; for useful public service for persons convicted of alcohol- or drug-related traffic offenses, see § 42-4-1301; for community or useful public service for class 1 and class 2 misdemeanor traffic offenders, see § 42-4-1701.