CO Code § 19-2.5-102 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 1 - General Provisions|§ 19-2.5-102. Definitions

 In addition to the terms defined in section 19-1-103 , as used in this article 2.5, unless the context otherwise requires:    “Adjudication” means a determination by the court that it has been proven beyond a reasonable doubt to the trier of fact that a juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, “adjudication” means conviction.    “Adjudicatory trial” is defined in section 19-1-103.    “Adult” is defined in section 19-1-103.    “Basic identification information” is defined in section 19-1-103.    “Behavioral health” has the same meaning as set forth in section 27-60-100.3.    “Child” means a person under eighteen years of age.    “Commit” is defined in section 19-1-103.    “Competent to proceed” means that a juvenile has sufficient present ability to consult with the juvenile's attorney with a reasonable degree of rational understanding in order to assist in the defense and that the juvenile has a rational as well as a factual understanding of the proceedings.    “Cost of care” is defined in section 19-1-103.    “County department” is defined in section 19-1-103.    “Crossover youth plan” means the portion of the annual plan described in section 19-2.5-302 and devised in each judicial district by the juvenile services planning committee that outlines identification and notification of dually identified crossover youth as described in section 19-2.5-302.    “Delinquent act” is defined in section 19-1-103.    “Detention” is defined in section 19-1-103.    “Determinate period” means that the department of human services may not transfer legal or physical custody of a juvenile until the juvenile has completed the period of commitment imposed by the court, unless otherwise ordered by the court; except that the department of human services may release the juvenile on parole prior to completion of the determinate period, pursuant to section 19-2.5-1203.    “Diagnostic and evaluation center” means a facility for the examination and study of persons committed to the custody of the department of human services.    “Director” means the executive director of the department of public safety.      “Diversion” means a decision made by a person with authority or a delegate of that person that results in specific official action of the legal system not being taken in regard to a specific juvenile or child and in lieu thereof providing or referring the juvenile or child to an individually designed program or activity, if necessary, provided by district attorneys' offices, governmental units, or nongovernmental units. The goal of diversion is to prevent further involvement of the juvenile or child in the formal legal system.    Diversion of a juvenile or child may take place either at the prefiling level as an alternative to the filing of a petition pursuant to section 19-2.5-502 or postfiling as an alternative to adjudication. Services may include restorative justice practices as defined in subsection (45) of this section.       “Division of youth services” or “division” means the division of youth services, created in section 19-2.5-1501.    “Dually identified crossover youth” means youth who are currently involved in the juvenile justice system and the child welfare system or have a history in the child welfare system that includes, but is not limited to, a family assessment response service plan or an open case.      Repealed.       “Gang”, as used in sections 19-2.5-305 and 19-2.5-1504, means a group of three or more individuals with a common interest, bond, or activity characterized by criminal or delinquent conduct, engaged in either collectively or individually.    “Governmental unit”, as used in sections 19-2.5-402, 19-2.5-1502, and 19-2.5-1519, means any county, city and county, city, town, judicial district attorney's office, or school district.    “Guardian ad litem” is defined in section 19-1-103.    “Halfway house” means a group care facility for juveniles who have been placed on probation or parole pursuant to the terms of this article 2.5.    “Incompetent to proceed” means that, based on an intellectual or developmental disability, mental health disorder, or lack of mental capacity, a juvenile does not have sufficient present ability to consult with the juvenile's attorney with a reasonable degree of rational understanding in order to assist in the defense or that the juvenile does not have a rational as well as a factual understanding of the proceedings taking place.    “Indian child” is defined in section 19-1-103.    “Intellectual and developmental disability” means a disability that is manifested before the person reaches his or her twenty-second birthday, that constitutes a substantial disability to the affected individual, and that is attributable to an intellectual disability or other neurological conditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability. Unless otherwise specifically stated, the federal definition of “developmental disability”, 42 U.S.C. sec. 15002 (8), does not apply.    “Juvenile” is defined in section 19-1-103.    “Juvenile community review board” means any board appointed by a board of county commissioners for the purpose of reviewing community placements pursuant to this article 2.5. A juvenile community review board, if practicable, includes but is not limited to a representative from a county department of human or social services, a local school district, a local law enforcement agency, a local probation department, a local bar association, the division of youth services, and private citizens.    “Juvenile court” or “court” is defined in section 19-1-103.    “Juvenile delinquent” means a juvenile who has been found guilty of a delinquent act.    “Mental capacity” means a juvenile's capacity to meet all of the following criteria:   Appreciate the charges or allegations against the juvenile;    Appreciate the nature of the adversarial process, which includes having a factual and rational understanding of the participants in the proceeding and their roles, including the judge, defense counsel, prosecutor, and, if applicable, the guardian ad litem and the jury;    Appreciate the range and nature of allowable dispositions that may be imposed by the court;    Have the ability to communicate to counsel information known to the juvenile regarding the allegations against the juvenile, as well as information relevant to the proceeding at issue; and    Understand and appreciate the right to testify and to voluntarily exercise the right.       “Mental health disorder” means a substantial disorder of thought, mood, perception, or cognitive ability that results in marked functional disability and significantly interferes with adaptive behavior. “Mental health disorder” does not include acute intoxication from alcohol or other substances, any condition manifested only by antisocial behavior, or any substance abuse impairment resulting from recent use or withdrawal. However, substance abuse that results in a long-term, substantial disorder of thought, mood, or cognitive ability may constitute a mental health disorder.    “Mental health hospital placement prescreening” means a face-to-face mental health examination conducted by a mental health professional to determine whether a child should be placed in a facility for evaluation pursuant to section 27-65-105 or 27-65-106. The prescreening may include consultation with other mental health professionals and review of all available records on the child.    “Office of alternate defense counsel” means the office of alternate defense counsel created and existing pursuant to section 21-2-101.    “Office of the state public defender” means the office of state public defender created and existing pursuant to section 21-1-101.    “Parent” is defined in section 19-1-103.    “Peace officer” has the same meaning as set forth in section 16-2.5-101.    “Physical custodian”, as used in sections 19-2.5-203 and 19-2.5-501, means a guardian, whether or not appointed by court order, with whom the juvenile has resided.    “Reasonable efforts” is defined in section 19-1-103.    “Receiving center” means a facility used by the department of human services to provide temporary detention and care for juveniles pending placement in a training school, camp, or other facility.    “Repeat juvenile offender” is described in section 19-2.5-1125 (2).    “Residential community placement” means any placement for residential purposes permitted pursuant to this title 19, except in an institutional facility directly operated by, or a secure facility under contract with, the department of human services and except while a juvenile is under the jurisdiction of the juvenile parole board.    “Restoration to competency hearing” means a hearing to determine whether a juvenile who has previously been determined to be incompetent to proceed has achieved or is restored to competency.      “Restorative justice” means those practices that emphasize repairing the harm to the victim and community caused by delinquent acts. Restorative justice practices may include victim-offender conferences attended voluntarily by the victim, a victim advocate, the offender, community members, and supporters of the victim or the offender that provide an opportunity for the offender to accept responsibility for the harm caused to those affected by the crime and to participate in setting consequences to repair the harm. Consequences recommended by the participants may include but need not be limited to apologies, community service, restoration, and counseling. The selected consequences are incorporated into an agreement that sets time limits for completion of the consequences and is signed by all participants.    Any statements made during the restorative justice process are confidential and must not be used against the juvenile, or as a basis for charging or prosecuting the juvenile, unless the juvenile commits a chargeable offense during the process.    Nothing precludes a person from reporting child abuse or neglect when required pursuant to section 19-3-304 or a mental health provider from complying with a duty to warn pursuant to section 13-21-117 (2).       “Screening team” means the person or persons designated, pursuant to rule 3.7 of the Colorado rules of juvenile procedure, by the chief judge in each judicial district or, for the second judicial district, the presiding judge of the Denver juvenile court to make recommendations to the juvenile court concerning whether a juvenile taken into temporary custody should be released or admitted to a detention or shelter facility pursuant to section 19-2.5-305.    “Sentencing hearing” means a hearing to determine what sentence must be imposed on a juvenile delinquent or what other order of disposition must be made concerning a juvenile delinquent, including commitment. A sentencing hearing may be part of the proceeding that includes the adjudicatory trial, or it may be held at a time subsequent to the adjudicatory trial.    “Staff secure facility” means a group facility or home at which each juvenile is continuously under staff supervision and at which all services, including education and treatment, are provided on site. A staff secure facility may or may not be a locked facility.    “Standardized mental health disorder screening” means the mental health disorder screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102.    “Status offense” has the same meaning as defined in federal law in 28 CFR 31.304, as amended.    “Temporary holding facility” is defined in section 19-1-103.    “Training school” means an institution providing care, education, treatment, and rehabilitation for juveniles in a closed setting and includes a regional center established in part 3 of article 10.5 of title 27.    “Victim”, as used in this article 2.5, means any party immediately and directly aggrieved by the juvenile or youth; that party's spouse; the party's parent, sibling, or child who is living with the party; a victim compensation board that has paid a victim compensation claim; a person or entity that has suffered losses because of a contractual relationship with such party, including an insurer or because of liability under section 14-6-110; or, in the absence of any of the above, the state.    “Youth” is defined in section 19-1-103.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 558, § 2, effective October 1; (20) repealed,(HB 21-1315), ch. 461, p. 3118, § 29, effective October 1.    Editor's note:    This section is similar to former § 19-2-103 as it existed prior to 2021.    Section 36 of chapter 461 (HB 21-1315), Session Laws of Colorado 2021, provides that the act repealing subsection (20) takes effect only if SB 21-059 becomes law and takes effect either upon the effective date of HB 21-1315 or SB 21-059, whichever is later. SB 21-059 became law and both bills have an effective date of October 1, 2021.     Cross references:   For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.