Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

SB 12-028 Aggravated Juvenile Offenders Sen. Grantham Staff Name: Kate Hennessy What the Bill Does: In juvenile delinquency cases, the term "adjudication" is the equivalent of the term "conviction" for adults.1 Thus, when a juvenile is found to have broken a law, he or she is considered not to have been convicted of a crime, but rather to have been adjudicated as having committed an act of juvenile delinquency.2 One of the fundamental differences separating this juvenile adjudication from an adult criminal prosecution is the overriding goal of the Colorado Children's Code to provide rehabilitation of an adjudicated delinquent child in a manner consistent with the best interest of the child and the protection of society rather than fixing criminal responsibility, guilt, and punishment.3 An aggravated juvenile offender is a juvenile: (1) adjudicated delinquent or revoked from probation for an act that constitutes a class 1 or class 2 felony; (2) adjudicated delinquent for an act constituting a felony and subsequently adjudicated delinquent or revoked from probation for committing a violent crime; or (3) adjudicated a delinquent or revoked from probation for having committed a sexual assault.4 The General Assembly sets forth separate sentencing, placement, and treatment options for such juvenile offenders.5 SB 12-028 changes the procedural rules for the sentencing and parole of such aggravated juvenile offenders. Upon adjudication as an aggravated juvenile offender for an offense that would constitute a class 1 felony if committed by an adult, a juvenile is committed to the Department of Human Services (DHS) for 3-7 years.6 SB 12-028 would allow aggravated juvenile offenders who are adjudicated delinquent of first or second degree murder to be sentenced consecutively or concurrently for all offenses. Thus, an aggravated juvenile offender could theoretically be sentenced consecutively and therefore be committed to DHS for significantly longer than the seven years currently permitted. In addition, when an aggravated juvenile offender reaches the age of twenty years and six months, DHS is to file a motion to determine the offenders future placement. In addition to notifying the interested parties, under SB 12-028, the court would also order the juvenile to submit to and cooperate with a
1

Introduction to Juvenile Law; Title 19 of Colorado Revised Statutes, available at http://www.cobar.org/docs/Introduction%20to%20Juvenile%20Law.pdf?ID=124 2 Id. 3 C.R.S. 191102(1)(a); People v. J.J.H., 17 P.3d 159 (Colo. 2001). 4 C.R.S. 192516(4). 5 C.R.S. 192601. 6 C.R.S. 192601(5)(a)(I)(3).

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

psychological evaluation by a state-employed psychiatrist. In determining whether to transfer custody of the juvenile to the Department of Corrections, the court would consider this court-ordered psychological evaluation in addition to other factors such as the nature of the crime, the impact of the crime on the victims, and the likelihood of rehabilitation. Finally, when custody is transferred from DHS to the Department of Corrections, then statutes governing adult offenders apply to the aggravated juvenile offender, so it is as if they had been sentenced as an adult offender. According to one such provision governing adult offenders, an individual cannot be placed on parole for more than five years.7 SB-028 would require that if such a transfer occurred, then juveniles adjudicated for first degree murdered will serve a mandatory twenty year period for parole, as opposed to this five year period. Colorado Context: Data by the Colorado Department of Corrections shows that there are currently 21,887 adult inmates.8 In contrast, there are currently 271 juvenile offenders serving time in Youthful Offender System.9 However, data collected by the Colorado Juvenile Justice Coalition showed that over the last six years, only 52 juveniles have been sentenced as aggravated juvenile offenders, and even fewer have been sentenced for class 1 or 2 felonies under the statute.10 More specifically, in 2009-2010 only eight juveniles were sentenced as aggravated juvenile offenders, and in 2008-2009 then only three juvenile were sentenced as aggravated juvenile offenders. 11 National Context: Recent action by state legislators in response to serious crimes committed by juvenile offenders have been mixed.12 In Texas then-legislation was designed around public safety and accountability of all juvenile offenders, toughening sentencing for some juvenile offenders, while establishing first-offender programs and seven-step progressive sanctions for others (Tex. Fam. Code Ann. 51.01). In Missouri a law was passed which created dual jurisdiction for both criminal and juvenile courts for serious crimes. It also developed new job opportunity and violence prevention efforts for youths (Mo. Ann. Stat. 211.073, 32.115.5). In Nevada, legislation requires a juvenile court hearing before any juvenile is transferred from the juvenile to the adult criminal court. The Kansas legislature created dual jurisdiction for some youths who are prosecuted for serious violent crimes, and called for review of effective prevention programs (Kan. Stat. Ann. 757001, 75-7008).

7 8

C.R.S. 17-2-201 Colorado Department of Correction, General Statistics (as of December 31, 2011), available at http://www.doc.state.co.us/general-statistics#YOS 9 Id. 10 Colorado Juvenile Justice Coalition; Karina Swenson, Legislative Specialist. 11 Id. 12 National Conference of Legislators, Comprehensive Juvenile Justice, a Legislators Guide, available at http://www.ncsl.org/issues-research/civil-and-criminal-justice/overview-of-comprehensive-juvenile-justice.aspx; National Conference of Legislators, 2009 Juvenile Justice State Legislation, available at http://www.ncsl.org/issuesresearch/civil-and-criminal-justice/2009-juvenile-justice-state-legislation.aspx

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

Bill Provisions: Allows aggravated juvenile offenders who are adjudicated delinquent of first or second degree murder to be sentenced consecutively or concurrently for all offenses When an aggravated juvenile offender is 20 and 6 months, mandates that the court order the juvenile to submit to a psychological evaluation by a state-employed psychiatrist to determine assist in determining the juveniles future Requires that if a juvenile adjudicated for first degree murdered is transferred to the department of correction then that juvenile would still face a mandatory twenty year period for parole, as opposed to the maximum five year parole period that other adult offenders face Fiscal Impact: There is no fiscal impact associated with this legislation.

DRAFT 1/28/2012 9:16 PM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.