OVERVIEW OF THE JUVENILE JUSTICE SYSTEM
Mission Statement
"In the spirit of the Colorado Children's Code, the Boulder County juvenile
justice system seeks to provide timely and effective interventions and consequences to
delinquent children, preferably while maintaining these children within their families,
schools and community."
The above was prepared by a joint committee of staff from the Community Justice
Services Division, Probation Department and District Attorney's office on September 12,
1984.
In the report "Delinquency Intake and Dispositional Options" they outline the roles the
three agencies play in the juvenile justice system, the options for law enforcement referrals
and the options for intake in the D.A.'s office and Probation.
Agency Roles
Community Justice Services
Juvenile Services of Community Justice Services provides pretrial programs and sentencing
options for youth involved in the juvenile justice system. Pretrial services include bond
assessment and supervision, 48-hour secure lodging at the Juvenile Center, and pretrial
intensive supervision through the BEST program. Sentencing options include diversion
programs, community service and restitution programs, FOCUS, the Wilderness Work Camp
and school/work release or weekend sentencing programs at the Juvenile Center. Juvenile
Services is funded by Boulder County and through grants from the state Division of Youth
Corrections. Community Justice Services also participates in Boulder County’s Integrated
Diversion Program (see page ).
District Attorney
The District Attorney's office receives cases referred by local law enforcement agencies to
the 20th Judicial District court jurisdiction. Deputies and staff review all cases in order to
determine if a delinquency petition should be filed with the court. (In rare circumstances the
District Attorney may file on the juvenile in adult court. This decision is based upon age,
previous record and circumstances of the alleged misconduct.) Diversion cases are referred
to Boulder County’s Integrated Diversion Program.
Probation Department
The Probation Department completes presentence investigations for all adjudicated juveniles.
Probation staff supervise and counsel youth granted deferred adjudication for up to two years
and adjudicated youth who are placed under supervision for up to two years. Probation terms
and conditions are ordered by the court, and probation may be revoked if the youth fails to
comply with the conditions of supervision. The Probation Department also partners with
Community Justice Services and the District Attorney’s office in Boulder County’s
Integrated Diversion Program.
Local and County Law Enforcement Agencies
In Boulder County, there are several law enforcement agencies with responsibilities related to
juvenile offenders. The cities of Boulder, Erie, Longmont, Lafayette, and Louisville all have
municipal police departments with patrol divisions which can take an accused juvenile
offender in custody. Nederland has a Marshall’s office which has law enforcement
responsibilities. Finally, Boulder County’s Sheriff Office provides the same service in the
unincorporated areas of the county, and contracts to provide such services for small towns
(e.g., Lyons and Superior) which cannot support a Law Enforcement agency. Finally, the
University of Colorado also arrests and refers juveniles when a delinquent act is committed
on the school’s campus. Law Enforcement agencies have several options for proceeding with
a delinquency including: (1) street diversion; (2) referral to a system diversion program, such
as those run by municipal or county agencies; (3) taken into custody, booked, and released to
parents pending further court processing; and (4) taken into custody, booked, and referred to
the Juvenile Assessment Center for intake screening and possible pretrial detention. These
options are explained further in the “System Flow” section which follows.
Public Defender’s Office
Juveniles and their families who are unable to provide their own legal counsel because of
monetary constraints are provided a public defender by the State. The public defender
will represent the youth at all phases of court processing, from preliminary hearings
through disposition.
System Flow
The procedures for processing juvenile offenders through the legal system are
summarized below.
Law Enforcement Contact
Juveniles taken into custody of law enforcement officers due to alleged involvement in
acts which would be a misdemeanor or felony if committed by an adult, are handled in
one of the following ways:
1.
Street Adjustments
Each local law enforcement agency has established policies which allow options
of street adjustments for observed delinquent behavior which will not involve the
courts or other agencies. These responses may include lecture and release,
meetings with parents, street or other counseling, restitution arrangements, etc.
Some agencies refer juveniles who have committed minor offenses to a One-Day
Diversion Program.
2.
Municipal Court and/or Diversion
Each municipality within Boulder County has a set of ordinances and a range of
sentencing options in municipal courts. Several cities have special programs for
juvenile offenses ranging from curfew violations to theft. The City of Boulder
has no juvenile program.
3.
Referral to District Attorney or Community Justice Services
When a law enforcement officer determines that a charge is serious enough to be
referred to the District Attorney, yet the youth does not need immediate services
or detention, the following options are available:
a. When an officer determines that the youth is eligible for one-day diversion,
and would benefit most from the option of an immediate consequence, the
officer may fill out the diversion referral form and give the youth a work date,
as well as court appearance date. If the youth and family choose the diversion
option, the youth will arrange through Community Justice Services to perform
a day's community service work and write a letter of apology to the victim of
the delinquent act. If this agreement is completed within 30 days, the case
will not be filed in court. All youth and their families are encouraged to
exercise their right to due process to ensure fairness of case handling.
b. In all cases where charges will be referred to the District Attorney, the youth
will be given a court date at the time he/she is given a probable cause charge
by a police officer or, if detained, when he/she is released from custody.
Court dates (in a court-determined system) are given out by officers or
Community Justice Services staff at the Juvenile Center at any hour.
4.
Temporary Custody
Juveniles may be taken into temporary custody by law enforcement officers when
a lawful warrant has been executed or without a court order if reasonable grounds
exist to believe that a juvenile has committed a delinquent act. A delinquent act is
defined as a violation of any federal or state law, county or municipal ordinance,
or lawful order of the court, except non-felony state traffic, game and fish, and
parks and recreation laws or regulations. Temporary custody does not constitute
an arrest or initiate a police record. In Boulder, juvenile may be booked and
released through the Juvenile Center when requested by Law Enforcement or
referred for Pretrial Detention as described next.
5.
Book and Refer for Pretrial Detention
In cases where a youth is taken into custody for an alleged delinquent offense and
the officer is concerned about the immediate welfare of that youth and/or the
protection of the community, the youth is brought to the Juvenile Center for
intake/assessment.
Notification Procedures
Once a juvenile is taken into temporary custody, a parent, guardian or legal custodian
must be notified in a timely manner by the law enforcement officer. The responsible
person must be informed that the juvenile has a right to a hearing within 48 hours if
placed in detention. A decision is made at the detention hearing whether the juvenile is to
be detained further.
Intake Procedures
Intake is the first step in the processing of juveniles. At this time, a decision is made
whether a juvenile will be held in custody or released. The chief judge in each judicial
district appoints the intake screener. The screener then decides if the juvenile should be
released to a parent, guardian, or other legal custodian, or admitted to a detention,
temporary holding, or shelter facility pending notification to the court and a detention
hearing. However, the Children's Code allows for a mandatory felony hold at the request
of a law enforcement agency.
Assessments are performed immediately following a medical clearance, current booking,
and prior offense screening. Parents are required to come into the Juvenile Center for an
interview and to complete the assessment procedure whenever possible. The following
options result from a Juvenile Center intake/assessment:
a.
The youth may be given a court appearance date and released on a co-signed
personal recognizance bond signed by a parent, legal guardian, or responsible
adult. The youth may also be referred to the Department of Social Services for
placement or supervision, the Mental Health Center for counseling, the
Alcohol Recovery Center for substance abuse, or any other community
agency for treatment.
b.
In those cases where a mandatory hold is authorized by law enforcement, or
when behavioral problems appear to require pretrial intervention in the
opinion of the intake specialist, a bond recommendation will be made to the
court. A juvenile court judge or on-call judge may order any level of
supervision by Community Corrections or any cash bond, as is deemed
appropriate. Community Corrections recommendations address the risk of
dangerousness to self or others, risk of further delinquent activity during the
pretrial period and risk of FTA (Failure to Appear in court). In some cases,
hospitalization or severe restrictions are recommended, but most cases involve
a weekly bond monitoring session with the youth and family, and referrals to
treatment agencies. Community Corrections prepares a report to the District
Attorney, Court and Probation after bond supervision.
c.
Juvenile Bond Commissioners set the cash bond and detain the youth pending
a detention hearing when: there is no parent or responsible adult to whom the
youth may be released; there are indications of risk of FTA; the youth is
considered to be an imminent danger to himself/herself and/or the community;
or if the youth is on probation or deferred adjudication and the probation
officer determines that detention is appropriate.
Court Processing
When a juvenile is referred by law enforcement for consideration of the filing of a
delinquency petition, that youth actually moves down to tracks. One is related to pre-trial
supervision – a determination of whether he or she needs continued out of home
placement to ensure an appearance in court. The second is a review by the district
attorney’s office to determine whether a delinquency petition should be filed. An
overview of both of the concurrent processes follows.
Detention Hearing
If an intake screener/bond commissioner has assessed that a juvenile is to be detained
after his arrest, the court must hold a detention hearing within 48 hours, excluding
Saturdays, Sundays, and court holidays, from the time the juvenile is taken into
temporary custody. This hearing is held to determine whether a juvenile should be
detained further. If the juvenile is released, the court defines the conditions under which
release is granted.
On conclusion of this hearing, the court must issue one of the following orders: That the
juvenile be released to the custody of a parent, guardian, or legal custodian without
posting of bond; that the juvenile be placed in a shelter facility; that bond be set and the
juvenile be released upon posting of bail; that bond not be set and the juvenile be
detained without bail after finding that he/she is a danger to himself/herself or the
community. In Boulder, when a youth is transported to Platte Valley Youth Services
Center in Greeley, Colorado. PVYSC is a secure juvenile facility which provides
residential supervision for juveniles throughout Northeast Colorado. If the court
determines that pretrial release is appropriate, but enhanced supervision is required to
ensure compliance with court orders and future appearances in court, the court may order
the juvenile to be supervised by a case manager in the BEST team.
District Attorney Case Intake
If a court orders continued detention of a juvenile and before the case may proceed to
court adjudication, a petition must be filed by the district attorney within 72 hours
alleging the juvenile is delinquent and stating the facts which bring him under court
jurisdiction. The juvenile is then held pending a hearing on the petition. The District
Attorney may pursue one of several outcomes, depending on the circumstances of the
case.
1. Juvenile Diversion Programs
If a district attorney decides not to process a juvenile through the legal system, the
juvenile may be referred to a diversion program. The Legislature authorized the
establishment of juvenile diversion programs to provide community-based
alternatives to processing juveniles through the formal juvenile court system.
Juveniles may be sent to a diversion program as an alternative to: Filing a
delinquency petition (pre-filing diversion); Proceeding through an adjudicatory
hearing (pre-adjudication diversion) when the court considers whether the allegations
of a petition are supported by sufficient evidence; or as part of the disposition of a
juvenile adjudicated delinquent (post-adjudication diversion).
Diversion programs include services of diagnostic needs assessment, general
counseling, specialized tutoring, community service, job training and placement,
substance abuse treatment, restitution, supervision and follow-up activities.
Juveniles eligible for state-funded diversion programs are those who have been taken
into temporary custody more than once for crimes which constitute misdemeanors or
once for a crime which constitutes a felony. A juvenile's record will be expunged if
he/she abides by the diversion program requirements. However, if the diversion
program is not completed, the juvenile may be sent back to court or a delinquency
petition filed.
Before admission to a diversion program, the juvenile must admit guilt to the offense
and sign a contract agreeing to the terms of diversion. In diversion, a juvenile is
intensely supervised for the duration of the contract. Therefore, a juvenile does not
become immersed in the legal system, and will not be adjudicated delinquent if
further crimes are not committed and terms of the contract are honored. If the juvenile
is arrested for committing another offense, the original charges are usually filed with
charges for the new offense.
In Boulder County, an integrated Juvenile Diversion Program was recently
implemented that involves the District Attorney’s office, Community Justice Services
and Probation. STAR (Strengthening Teen Accountability and Restoration) provides
an alternative to formal prosecution. It is available for youthful offenders 10-18 years
old who are charged with misdemeanor or first-time felony. Juveniles participating in
the diversion program undergo an assessment process, meet with a diversion
caseworker, sign a contract outlining the conditions of diversion, and receive
supervision for up to 2 years. Upon successful completion of diversion, the charges
are dismissed. Juveniles who fail to comply with the conditions of diversion are
referred back to the Juvenile Court for further sanctions.
The inter-agency diversion team provides resources, staff and administrative support to
STAR. Dedicated to restorative practices, the program is designed to repair harm caused
by juvenile offenders, reduce the risk of future violations, and to strengthen relationships
between juveniles and their community. Juvenile Diversion uses accountability-based
sanctions and consequences and partners with community agencies and private providers
to enhance services. Juveniles may be referred to the Longmont Community Justice
Partnership (LCJP) to participate in a Restorative Justice process, or to VORP (Victim
Offender Reconciliation), as well as to private therapists who provide individual and
group therapy.
2. Deferred Adjudication: Grant the juvenile a deferred adjudication for up to 24 months.
The juvenile enters a plea of guilty and then the court holds the plea in abeyance for the
term of the deferred adjudication. If the juvenile successfully completed the terms of the
deferred adjudication, the case is dismissed. Supervision of the Deferred Adjudication is
done by the Probation Department.
3. Plea and Probation: The juvenile is required to plead to the petition and be placed on
formal probation (or go to trial). This involves a probation sentence of six months to
two years. In more serious cases, juveniles may receive Intensive Supervision
Probation. Any of the other sanctions described below under “Disposition” may also
apply to the plea process.
4. Adjudication and Dispostion processing. If a juvenile is not eligible for diversion or a
deferred adjudication, the parties cannot agree to a plea agreement, or other
circumstances dictate a more serious sanction, the district attorney’s office will
pursue adjudication of the case in court.
Advisement Hearing
The advisement hearing is the first hearing after a petition has been filed. At this time, the
court advises the juvenile and the responsible person of their constitutional and legal
rights. The juvenile or his/her legal guardian may request counsel or the court may
appoint counsel.
Preliminary Hearing
A preliminary hearing is conducted to determine whether probable cause exists to believe
that the delinquent act declared in the petition was committed. The district attorney or the
juvenile accused of a delinquent act may request and be granted a preliminary hearing if
the act is a felony or a class 1 misdemeanor. A written motion for a hearing must be filed
not later than ten days after the advisement hearing and scheduled within 30 days of the
filing of the motion. If a juvenile is being held, a hearing is scheduled as promptly as the
court's calendar permits.
If the court determines that probable cause exists, this finding is recorded and an
adjudicatory trial is scheduled. A delinquency petition is dismissed and the juvenile is
discharged if probable cause does not exist. A request for review of the preliminary
hearing findings may be filed by any interested party.
Adjudicatory Trial
At the adjudicatory trial, the court considers whether the allegations of the petition are
supported by evidence beyond a reasonable doubt. If the juvenile is found not guilty, the
court dismisses the petition and discharges the juvenile from any previous detention or
restrictions. If the court finds the juvenile guilty, then he or she is adjudicated
“delinquent” and a disposition is imposed.
Sentencing, or Dispositional, Hearing
If a juvenile offender is found guilty, the court will hear evidence to determine the
disposition which best serves the interests of the juvenile and the public. Such evidence is
to include, but not be limited to, a social study or other reports relating to the child's
mental, physical, and social history. Unless waived by the court, the court's probation
department or other agency designated by the court conducts a presentence investigation
(PSI). The PSI process requires that the youth and parent make an appointment with the
probation officer who completes an interview with the youth and an investigation of his/her
background. PSI filed with the court will include prior record, school and home adjustment,
medical and emotional history, peer relationships and restitution if appropriate. IT will also
include a recommendation for deferred adjudication, adjudication, or commitment to the
Department of Institutions and the conditions of supervision.
Dispositions
The court has a variety of dispostional options available to it, many of which can be applied
concurrently.
1. Probation Supervision. Probation is responsible for supervising half of the youth
placed on Level II Diversion, deferred adjudication or probation by the court.
Conditions of supervision can include the following: Home, school, and office visits;
Personal or group counseling; Social activities; Referral to mental health and other
non-governmental agencies for various services; and restitution or community service
programs. Probation may also include Juvenile Intensive Supervised Probation
(JISP) with greater requirements for supervised visits and programming than regular
probation. The probation officer follows established policy and procedure for review,
revocation, termination and use of secure detention.
2. Local Home Based Alternatives. In Boulder County, many alternatives to state
placement have been created using state grant dollars. Also, Boulder County caps its
bed access to state correctional facilities and uses the cost savings to create local
alternatives. Some examples are: Boulder Enhanced Supervision Team (BEST),
which provides intensive, daily supervision of disposed delinquents to ensure they are
attending counseling, taking medications as required, working with their parents,
attending school and/or work, and more; and FOCUS, a female-specific supervision
program designed to reflect the unique needs of girls in the justice system. There are
many other alternatives depending on the offense type and family situation.
3. School Release. A youth can be placed in the juvenile assessment center for up to 30
days, during which time he or she is released to attend school. He must return each
evening after school and spend weekends in the facility pending release.
4. Weekend Sentencing. The court may also place a delinquent in the juvenile
assessment center for up to four consecutive weekends. The youth is admitted Fridays
after school and released on Sunday evenings in preparation for school on Monday.
5. Division of Youth Corrections: Youths who are not disposed to local programs (e.g.,
probation, JISP, BEST, FOCUS, or similar programs) can be placed in a Division of
Youth Corrections (DYC) secure residential facility. DYC is a state-run agency which
administers intensive secure units, medium care units, a military-style boot camp, secure
detention, and staff facilities for delinquents throughout the state. Boulder County
primarily access three programs.
a. The Platte Valley Youth Services Center in Greeley. The PVYSC offers short term
commitment to youth requiring a locked residential setting. Youths disposed to PVYSC
are typically returned to the community within 30 days.
b. Lookout Mountain Youth Services Center in Golden provides longer term secure
residential treatment for more serious male delinquents, typically up to 2 years.
c. The Mount View Youth Services Center in Lakewood offers similar programming for
female delinquents.
Placement of a delinquent in one of these state-operated facilities is considered a serious
consequence to a major delinquent act or history and local alternatives are used whenever
feasible. DYC also runs non-secure community residential programs for youth who can
be transitioned back into their communities. By contract, Boulder limits the number of
placements in such programs and uses the cost savings to the state to operate locally
funded alternatives.
Youthful Offenders System
The Colorado Youthful Offenders System (YOS) was authorized by the Colorado Legislature
in 1993 Special Session to deal with juvenile violence. This program targets youth, 14 to 18
years if age, who are charged with a violent weapons-related Class 2 through 6 felony, or are
chronic juvenile offenders. Eligibility requires that the offender has been direct filed by the
District Attorney into District Court and convicted as adults. The Court can then, as
appropriate, suspend the adult sentence and commit the youth to the YOS. All sentences to
YOS are determinate sentences of 3 to 7 years which includes a mandatory intensely
supervised community release program of 6 to 12 months in duration. YOS is considered a
step between the Division of Youth Correction’s secure facility programming and the
Department of Corrections adult prison system. It combines a firm, disciplined regimentation
with a full schedule of academics, work, interpersonal relations, pre-vocational skills within a
positive peer culture. There are three steps following a 45 day onsite Intake, Diagnostic and
Orientation program; Phase I (secure residential, up to six years); Phase II (three month pre-
release); and Phase III (community based supervision using adult parole and community
corrections).
IMPACT
A unique feature of the Boulder County/20th Judicial District juvenile system is the role of
IMPACT. This initiative is a wrap-around case management project, jointly operated by the
Boulder County Mental Health Center, Social Services, District Attorney’s Office, Local
Law Enforcement, Community Justice Services, Probation, and the Health Department. The
initiative conducts joint planning and shared case management on youths who might
otherwise be disposed to out-of-home placement. The agency dollars have been
decatagorized to ensure more effective placement decisions and to allow multiple agencies to
work a youth and family at the same time.