(1) (a) Each juvenile committed to the custody of the department of human services shall be examined and evaluated by the department prior to institutional placement or other disposition.
Such evaluation and examination shall be conducted at a detention facility and shallbe completed within thirty days. The department of human services may, by rule, determine the extent and scope of the evaluation and examination. To the extent possible and relevant, the evidence, reports, examination, studies, and other materials utilized in a sentencing hearing conducted under section 19-2-906 shall also be utilized in evaluation and examination conducted under this section. The provisions of this paragraph (b) shall not apply to examination and evaluation conducted pursuant to section 19-2-923 (1).
The examination and evaluation shall include the use of an objective risk assessmentthat is based upon researched factors that correlate to a risk to the community. The results of the objective risk assessment shall be used to help identify treatment services for the juvenile during his or her commitment and the period of parole supervision.
Each juvenile shall then be placed by the department in the appropriate state institution or facility or placed as provided in section 19-2-409 or 19-2-410, as indicated by the examination and evaluation.
(a) When the department of human services determines that a juvenile requires placement in a state facility for children with intellectual and developmental disabilities, as defined in article 10.5 of title 27, it shall initiate proceedings pursuant to article 10.5 of title 27 and notify the court.
(b) (I) When the department of human services determines that a juvenile may require treatment for a behavioral or mental health disorder, it shall conduct or have a mental health professional conduct a mental health hospital placement prescreening on the juvenile.
If the mental health hospital placement prescreening report recommends that thejuvenile be evaluated, the juvenile may be transferred to a mental health facility operated by the department of human services for such evaluation.
If the evaluation report states that the juvenile has a mental health disorder, as provided in sections 27-65-105 and 27-65-106, the department of human services shall initiate proceedings pursuant to article 65 of title 27 and notify the court.
Source: L. 96: Entire article amended with relocations, p. 1669, § 1, effective January 1, 1997. L. 2002: (3)(b)(I) and (3)(b)(II) amended, p. 579, § 14, effective May 24. L. 2006: (3)(b)(III) amended, p. 1401, § 55, effective August 7. L. 2008: (1)(c) added, p. 1098, § 2, effective July 1. L. 2009: (1)(b) amended, (SB 09-044), ch. 57, p. 210, § 18, effective March 25. L. 2010: (3)(b)(III) amended, (SB 10-175), ch. 188, p. 790, § 40, effective April 29. L. 2017: (3) amended, (SB 17-242), ch. 263, p. 1313, § 159, effective May 25.
Editor's note: This section was formerly numbered as 19-2-1103. Prior to relocation in
1996, the said section 19-2-1103 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 19-8-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.