(1) It is the intent of the general assembly that the program established pursuant to this section benefit the state by providing a structured program combining residential and community reintegration components under which certain adjudicated juveniles are subject to an ordered environment affirming the dignity of self and others; promoting the value of education, work, and accountability; adhering to the principals of restorative justice; and developing useful skills that can be applied when the juvenile is reintegrated into the community.
(2) (a) The division of youth services, pursuant to a contract with one or more private entities, shall establish, maintain, and operate a community accountability program, referred to in this section as the "program".
The program shall provide a sentencing option for adjudicated juveniles who are atleast fourteen years of age but younger than eighteen years of age. An adjudicated juvenile may be sentenced to participate in the program only as a condition of probation. A sentence to the program may be in addition to, but shall not be in lieu of, a mandatory sentence required by section 19-2-911 (2). The juvenile court shall consider the program as a sentencing option for higher risk juveniles who would have otherwise been sentenced to detention or out-of-home placement or committed to the department of human services.
A sentence imposed pursuant to this section is conditioned on the availability ofspace in the program and the division of youth services' determination of whether the juvenile's participation in the program is appropriate. A juvenile may be denied participation in the program upon a determination by the division that a physical or mental condition, including severe substance abuse, will prevent the juvenile's full participation in the program. Any juvenile denied participation in the program must be returned to the juvenile court for resentencing.
The judicial department shall provide information to the division of youth servicesconcerning sentencing of the juvenile, including but not limited to the juvenile's criminal history, the presentence investigation report, the risk-need assessment, and demographics pertaining to the juvenile.
The program must be established for up to eighty beds. Under the contract enteredinto pursuant to subsection (2)(a) of this section, the division of youth services shall pay only for the actual number of juveniles placed in the program.
If feasible, the program may be established regionally, one in each of the division ofyouth services' regions. The division, through a competitive bid process, shall select one or more private entities to operate the program.
(a) The program consists of two integrated components. Each selected entity shall provide both components within the contracted region as follows:
(I) Component I. Component I shall consist of a sixty-day residential program, which may contain, but need not be limited to, the following program elements:
Assessment and treatment planning;
Behaviorally based programming with appropriate sanctions and reinforcements;
Life and cognitive skill development;
Treatment interventions;
Educational and vocational training;
Competency development;
Victim awareness and empathy;
Gender-specific programming; and(I) Restorative justice programming.
(II) Component II. The division of youth services shall administer component II, which consists of a community reintegration phase. For each juvenile entering component II, the department of youth services and the local probation department shall jointly establish a reintegration plan. Component II may contain, but need not be limited to, the following program elements:
Multi-systemic therapy;
Functional family therapy;
Aggression replacement training;
Life skills;
Skills development;
Behaviorally based programming with appropriate sanctions and reinforcements;
Education and vocational training;
Work experience;
Victim empathy;
Victim-offender mediation;(K) Gender-specific programming; and (L) Restorative justice programming.
The program may be housed in a privately owned and operated facility or in a stateowned and privately operated facility. The departments and any private contractors in each region shall involve local governments in identifying locations for residential facilities.
The division shall include a community involvement component in the developmentof reintegration plans, which may include the creation of community advisory boards.
If a juvenile in the first component of the program would substantially benefit, thedivision of youth services shall notify the local department of probation who may petition the court for an extension of up to fifteen days in addition to the initial sixty-day period for the first component of the program. The period of time a juvenile spends in the second component of the program must not exceed one hundred twenty days. The entire period of a juvenile's participation in the program must not exceed the length of the juvenile's probation sentence. Whenever a juvenile fails to progress through or complete the first or second component of the program, the juvenile is subject to the provisions of section 19-2-925 (8) for violating a condition of probation.
The division of youth services and the judicial department shall jointly establish guidelines for the program and for each of the components thereof described in subsection (4) of this section. The division of youth services shall make available necessary support services for the juvenile and the juvenile's family under both components of the program.
Repealed.
The division of youth services shall conduct an ongoing evaluation of the program.On or before January 15 each year, the division of youth services shall submit a report of the evaluation results to the general assembly. The division may contract for the services and labor necessary to perform the ongoing evaluation.
Source: L. 2001: Entire section added, p. 714, § 1, effective May 31. L. 2004: (2)(a) amended, p. 194, § 7, effective August 4. L. 2011: (7) repealed, (SB 11-104), ch. 44, p. 114, § 2, effective August 10. L. 2017: (2)(a), (2)(c), (2)(d), (2)(e), (3), IP(4)(a), IP(4)(a)(II), (5), (6), and (8) amended, (HB 17-1329), ch. 381, p. 1974, § 34, effective June 6. L. 2019: (5) amended, (SB 19-108), ch. 294, p. 2728, § 24, effective July 1.
Editor's note: Subsection (7)(c) provided for the repeal of subsection (7), effective July 1, 2011. (See L. 2001, p. 714.)