(1) (a) The terms and conditions of probation must be specified by rules or orders of the court. The court, as a condition of probation for a juvenile who is ten years of age or older but less than eighteen years of age on the date of the sentencing hearing, may impose a commitment or detention. The aggregate length of any such commitment or detention, whether continuous or at designated intervals, must not exceed forty-five days; except that such limit does not apply to any placement out of the home through a county department of human or social services. Each juvenile placed on probation must be given a written statement of the terms and conditions of his or her probation and have the terms and conditions fully explained to him or her.
(b) The court, as a condition of probation for a youth eighteen years of age or older at the time of sentencing for delinquent acts committed prior to his or her eighteenth birthday, may impose as a condition of probation a sentence to the county jail that shall not exceed ninety days; except that such sentence may be for a period of up to one hundred eighty days if the court orders the youth released for school attendance, job training, or employment.
(2) (a) Conditions of probation shall be customized to each juvenile based on the guidelines developed by the committee on juvenile justice reform pursuant to section 24-33.52402. The court shall, as minimum conditions of probation, order that the juvenile:
Not violate any federal or state statutes, municipal ordinances, or orders of the court;
Not use or possess a firearm, a dangerous or illegal weapon, or an explosive orincendiary device, unless granted written permission by the court or probation officer;
Report to a probation officer at reasonable times as directed by the court or probation officer;
Permit the probation officer to visit the juvenile at reasonable times at his or herhome or elsewhere;
Remain within the jurisdiction of the court, unless granted permission to leave bythe court or the probation officer;
Answer all reasonable inquiries by the probation officer and promptly notify theprobation officer of any change in address or employment;
Make restitution as ordered by the court;
Pay the victim compensation fee as ordered by the court;
Pay the surcharge levied pursuant to section 24-4.2-104 (1)(a)(I); and
May be evaluated to determine whether the juvenile would be suitable for restorativejustice practices that would be a part of the juvenile's probation program; except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior as defined in section 16-22-102 (9), a crime in which the underlying factual basis involves domestic violence as defined in section 18-6-800.3 (1), stalking as defined in section 18-3-602, or violation of a protection order as defined in section 18-6-803.5.
(b) The court shall use the results from a validated risk and needs assessment adopted by the juvenile justice reform committee pursuant to section 24-33.5-2402 (1)(b) to inform the court of additional conditions of probation, as necessary.
(3) (a) The court may periodically review the terms and conditions of probation and the progress of each juvenile placed on probation. Counsel for the juvenile does not have to be present at any probation review hearing unless notified by the court that a petition to revoke probation has been filed.
(b) The court may release a juvenile from probation prior to the completion of his or her term of probation, pursuant to section 19-2-925, or modify the terms and conditions of his or her probation at any time, but any juvenile who has complied satisfactorily with the terms and conditions of his or her probation for a period of two years shall be released from probation, and the jurisdiction of the court shall be terminated.
(4) Before January 1, 2021, the state court administrator shall establish rules to develop a statewide system of structured community-based graduated responses, including incentives and sanctions, to guide probation officers in determining how best to motivate positive juvenile behavior change and the appropriate response to a violation of terms and conditions of juvenile probation. Graduated responses means an accountability-based series of sanctions and services designed to respond to a juvenile's violation of probation quickly, consistently, and proportionally and incentives to motivate positive behavior change and successful completion of probation and his or her treatment goals. Juvenile probation shall adopt and use a state juvenile graduated responses and incentives system developed pursuant to this subsection (4) or develop and use a locally developed system that is aligned to best practices. Policies and procedures for the graduated responses system must:
Include incentives that encourage the completion of treatment milestones as well ascompliance with the terms and conditions of a juvenile's probation and that reward behavior aligned with the expectations of supervision and the juvenile's case plan; and
Require that a response to a juvenile's violation of the terms and conditions of his orher supervision take into consideration:
The risk of the juvenile to reoffend, as determined by the results of a validated riskand needs assessment;
The previous history of violations and the underlying cause of the juvenile's behavior leading to the violation;
The severity of the current violation;
The juvenile's case plan; and
The previous responses by the juvenile to past violations.
Whenever a probation office has reasonable cause to believe that a juvenile has committed a violation of the terms and conditions of probation and that graduated responses developed pursuant to subsection (4) of this section have previously been applied or when the nature of the violation poses a substantial risk of serious harm to others, the probation officer, following the approval of his or her chief probation officer or the chief's designee, shall petition the court for revocation and shall file written information with the court concerning the juvenile's violation behavior history and the responses applied pursuant to the graduated response system pursuant to subsection (4) of this section.
Unless there is reason to believe that a juvenile would not appear, would interferewith the juvenile justice process, or poses substantial risk of serious harm to others, probation officers shall issue a summons, or other method approved by local court rule, rather than a warrant when filing a petition for revocation.
The state court administrator shall collect data related to the use of the graduatedresponses and incentives system and report this data annually to the judiciary committees of the senate and house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees, and the chief justice of the Colorado supreme court. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the reports to the committees continue indefinitely. Data collected by the state court administrator must include at a minimum the types of responses and incentives that were issued, the number of formal violations filed, and the behavior resulting in the violation.
(a) When it is alleged that a juvenile has violated the terms and conditions of his or her probation, and graduated responses have been imposed and exhausted, pursuant to subsection (7) of this section, the court shall set a hearing on the alleged violation and shall give notice to the juvenile and his or her parents, guardian, or other legal custodian and any other parties to the proceeding as provided in section 19-2-514.
The juvenile and his or her parents, guardian, or other legal custodian shall be givena written statement concerning the alleged violation and shall have the right to be represented by counsel at the hearing and shall be entitled to the issuance of compulsory process for the attendance of witnesses.
When the juvenile has been taken into custody because of the alleged violation, theprovisions of sections 19-2-507, 19-2-507.5, and 19-2-508 apply.
(I) The hearing on the alleged violation shall be conducted as provided in section 191-106.
Subject to the provisions of section 19-2-907, if the court finds that the juvenileviolated the terms and conditions of probation, it may modify the terms and conditions of probation, revoke probation, or take such other action permitted by this article 2 that is in the best interest of the juvenile and the public.
If the court finds that the juvenile did not violate the terms and conditions of his orher probation as alleged, it shall dismiss the proceedings and continue the juvenile on probation under the terms and conditions previously prescribed.
(e) If the court revokes the probation of a person over eighteen years of age, in addition to other action permitted by this article 2, the court may sentence him or her to the county jail for a period not to exceed one hundred eighty days during which time he or she may be released during the day for school attendance, job training, or employment, as ordered by the court; except that, if the sentence imposed exceeds ninety days, the court shall order the person released for school attendance, job training, or employment while serving his or her sentence.
(9) Following specification of the terms and conditions of probation, where the conditions of probation include requiring the juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement.
Source: L. 96: Entire article amended with relocations, p. 1671, § 1, effective January 1, 1997. L. 99: (1) and (4)(e) amended, p. 1372, § 5, effective July 1; (2)(d) amended, p. 59, § 2, effective July 1. L. 2003: (2)(d) amended, p. 1806, § 2, effective August 6. L. 2008: (2)(j) and (2)(k) amended and (2)(l) added, p. 227, § 6, effective March 31. L. 2011: (2)(l) amended, (HB 11-1032), ch. 296, p. 1407, § 16, effective August 10. L. 2018: (1)(a) amended, (SB 18-092), ch. 38, p. 417, § 51, effective August 8. L. 2019: Entire section amended, (SB 19-108), ch. 294, p. 2721, § 18, effective July 1.
Editor's note: This section was formerly numbered as 19-2-705. Prior to relocation in 1996, the said section 19-2-705 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 19-3-117 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 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.