HB 1064

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1064
     BY REPRESENTATIVE(S) Jackson and Rydin, Bacon, Brown, Clifford,
     English, Froelich, Gilchrist, Lindsay, Mabrey, Martinez, Mauro,
     McCormick, Nguyen, Phillips, Story, Espenoza;
     also SENATOR(S) Amabile, Ball, Cutter, Daugherty, Exum, Gonzales J.,
     Hinrichsen, Jodeh, Kipp, Kolker, Lindstedt, Marchman, Wallace,
     Weissman, Coleman.
     CONCERNING MODIFICATIONS TO THE YOUTHFUL OFFENDER SYSTEM.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, 16-11-102, amend
     (1.8) as follows:
             16-11-102. Presentence or probation investigation.
            (1.8) At the request of either the prosecution or the defense, each
     presentence report prepared regarding a youthful offender JUVENILE OR
     YOUNG ADULT, as defined in section 18-1.3-407 SECTION 18-1.3-407 (1.3),
     who is eligible for sentencing to the youthful offender system pursuant to
     section 18-1.3-407.5, 19-2.5-801 (5), or 19-2.5-802 (1)(d)(I)(B) must
     include a determination by the warden of the youthful offender system
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
whether the youthful offender JUVENILE OR YOUNG ADULT is acceptable for
sentencing to the youthful offender system. When making a determination,
the warden shall consider the nature and circumstances of the crime, the
circumstances and criminal history of the youthful offender JUVENILE OR
YOUNG ADULT, the available bed space in the youthful offender system, and
any other appropriate considerations.
        SECTION 2. In Colorado Revised Statutes, 16-11-102.4, amend
(1) introductory portion, (1)(g) introductory portion, and (1)(g)(IV); and
repeal (1)(f) as follows:
       16-11-102.4. Genetic testing of convicted offenders.
       (1) Beginning July 1, 2007, Each of the following convicted
offenders shall MUST submit to and pay for collection and a chemical testing
of the offender's biological substance sample to determine the genetic
markers thereof, unless the offender has already provided a biological
substance sample for such THE testing pursuant to a statute of this state:
       (f) Every offender who, on or after July 1, 2007, is in the custody of
the youthful offender system based on a sentence imposed before that date,
including an offender on community supervision. The department of
corrections shall collect the sample at least thirty-five days prior to the
offender's discharge or release from custody or release to community
supervision.
       (g) Every offender sentenced on or after July 1, 2007, for a felony
conviction; except that this paragraph (g) shall SUBSECTION (1)(g) DOES not
apply to an offender granted a deferred judgment and sentencing as
authorized in section 18-1.3-102, C.R.S., unless otherwise required to
submit to a sample pursuant to this section, or unless the deferred judgment
and sentencing is revoked and a sentence is imposed. The sample shall
MUST be collected:
        (IV) From an offender A JUVENILE OR YOUNG ADULT sentenced to
the youthful offender system, by the department of corrections within
thirty-five days after the offender JUVENILE OR YOUNG ADULT is received at
the youthful offender system; and
       SECTION 3. In Colorado Revised Statutes, 17-27-105.5, amend
PAGE 2-HOUSE BILL 26-1064
(1)(b) as follows:
       17-27-105.5. Community parole officers - duties - arrest powers
- definitions.
       (1) For purposes of this section:
        (b) "Offender" means an inmate assigned to residential and
nonresidential community corrections programs as those programs are set
forth in articles 27, 27.5, and 27.7 of this title TITLE 17 and an offender A
YOUTHFUL OFFENDER SYSTEM PARTICIPANT who is in phase III of the
youthful offender system as set forth in section 18-1.3-407. C.R.S.
       SECTION 4. In Colorado Revised Statutes, 18-1.3-401, amend
(14) as follows:
       18-1.3-401. Felonies classified - presumptive penalties.
       (14) The court may sentence a defendant to the youthful offender
system created in section 18-1.3-407 if the defendant is an eligible young
adult offender pursuant to section 18-1.3-407.5.
        SECTION 5. In Colorado Revised Statutes, 18-1.3-407, amend (1),
(2)(a), (2)(b), (3), (3.3), (3.4), (3.5), (4), (4.3), (4.5), (5), (6), (11.5)(a)(I),
and (12); add (15); and add with amended and relocated provisions (1.3)
and (1.5) as follows:
      18-1.3-407. Sentences - powers and duties of district court -
authorization for youthful offender system - system participants -
powers and duties of department of corrections - youthful offender
system study - report - legislative intent - definitions.
        (1) (a) It is the intent of the general assembly that the youthful
offender system established pursuant to this section shall benefit the state
by: providing as a sentencing option for certain youthful offenders a
controlled and regimented environment that affirms dignity of self and
others, promotes the value of work and self-discipline, and develops useful
skills and abilities through enriched programming.
       (I)     PROVIDING     A SENTENCING OPTION IN A SECURE AND
PAGE 3-HOUSE BILL 26-1064
TRAUMA-INFORMED ENVIRONMENT THAT AFFIRMS DIGNITY OF SELF AND
OTHERS FOR CERTAIN JUVENILES AND YOUNG ADULTS WHO HAVE BEEN
CONVICTED OF A CRIME;
       (II) INCREASING PUBLIC SAFETY BY PROVIDING EVIDENCE-INFORMED
REHABILITATIVE TREATMENT TO HELP JUVENILES AND YOUNG ADULTS IN THE
YOUTHFUL OFFENDER SYSTEM'S CARE MAKE LASTING BEHAVIORAL CHANGES
TO PREPARE THEMSELVES FOR A SUCCESSFUL TRANSITION BACK TO THE
COMMUNITY;
     (III) PROMOTING THE PHYSICAL SAFETY OF JUVENILES, YOUNG
ADULTS, AND STAFF WITHIN THE YOUTHFUL OFFENDER SYSTEM;
      (IV) PROMOTING A SEAMLESS CONTINUUM OF CARE FROM THE TIME
OF INCARCERATION TO RELEASE FROM CONFINEMENT, IN WHICH SYSTEM
PARTICIPANTS' NEEDS ARE MET IN A SAFE, STRUCTURED ENVIRONMENT WITH
WELL-TRAINED, CARING STAFF WHO HELP SYSTEM PARTICIPANTS IDENTIFY
AND ADDRESS CRIMINOGENIC RISK FACTORS, BE ACCOUNTABLE, AND ACCEPT
RESPONSIBILITY FOR THE PARTICIPANTS' ACTIONS;
      (V) ENABLING PARTICIPANTS TO DEVELOP HEALTHY, SUPPORTIVE
RELATIONSHIPS WITH PEERS, ADULTS, FAMILY, AND NEIGHBORHOOD AND
COMMUNITY MEMBERS; AND
     (VI) PROVIDING PARTICIPANTS WITH THE TOOLS NECESSARY TO
BECOME LAW-ABIDING, CONTRIBUTING MEMBERS OF THE COMMUNITY UPON
RELEASE.
       (b) (I) It is the further intent of the general assembly in enacting this
section that female and male offenders ALL JUVENILES AND YOUNG ADULTS
who are eligible for sentencing to the youthful offender system pursuant to
section 18-1.3-407.5, or section 19-2.5-801 (5), or 19-2.5-802 (1)(d)(I)(B)
receive equitable treatment, REGARDLESS OF GENDER, in sentencing,
particularly in regard to the option of being sentenced to the youthful
offender system. Accordingly, it is the general assembly's intent that the
department of corrections take necessary measures to establish separate
housing for female and male offenders JUVENILES AND YOUNG ADULTS who
are sentenced to the youthful offender system without compromising the
equitable treatment. of either.
PAGE 4-HOUSE BILL 26-1064
      (II) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT JUVENILES
AND YOUNG ADULTS WITH PHYSICAL, INTELLECTUAL, DEVELOPMENTAL,
MENTAL, OR BEHAVIORAL HEALTH DISABILITIES OR CONDITIONS WHO ARE
ELIGIBLE FOR SENTENCING TO THE YOUTHFUL OFFENDER SYSTEM PURSUANT
TO SECTION 18-1.3-407.5, 19-2.5-801 (5), OR 19-2.5-802 (1)(d)(I)(B)
RECEIVE EQUITABLE TREATMENT IN SENTENCING, PARTICULARLY IN REGARD
TO THE OPTION OF BEING SENTENCED TO THE YOUTHFUL OFFENDER SYSTEM.
ACCORDINGLY, IT IS THE GENERAL ASSEMBLY'S INTENT THAT THE
DEPARTMENT TAKE ALL REASONABLE MEASURES TO ACCOMMODATE AND
PROMOTE EFFECTIVE COMMUNICATION WITH JUVENILES AND YOUNG ADULTS
WITH PHYSICAL, INTELLECTUAL, DEVELOPMENTAL, MENTAL, OR BEHAVIORAL
HEALTH DISABILITIES OR CONDITIONS WHO ARE SENTENCED TO THE
YOUTHFUL OFFENDER SYSTEM.
       (III) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT JUVENILES
AND YOUNG ADULTS SENTENCED TO THE YOUTHFUL OFFENDER SYSTEM BE
SENTENCED AS ADULTS AND BE SUBJECT TO ALL LAWS AND DEPARTMENT
RULES, REGULATIONS, AND STANDARDS PERTAINING TO ADULT INMATES,
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
       (c) (I) It is the intent of the general assembly that offenders
PARTICIPANTS sentenced to the youthful offender system be housed and
serve their sentences in a facility specifically designed and programmed for
the youthful offender system and that offenders PARTICIPANTS so sentenced
be housed separate SEPARATELY from and not brought into daily physical
contact with inmates twenty-five years of age or older WHO ARE sentenced
to the department of corrections AND who have not been sentenced to the
youthful offender system, except as specifically provided under PURSUANT
TO subsection (5) of this section.
       (II) For the purposes of public safety, academic achievement,
rehabilitation, the development of pro-social behavior, or reentry planning
for youthful offenders, the executive director or his or her designee may
transfer any offender age twenty-four years or younger and sentenced to the
department of corrections into and out of the youthful offender system at his
or her discretion.
      (III) The facility that houses offenders sentenced to the youthful
offender system shall be limited to two hundred fifty-six beds.
PAGE 5-HOUSE BILL 26-1064
       (IV) (A) The department of corrections shall develop policies and
procedures for decision-making regarding the transfer of any offender not
sentenced to the youthful offender system into the youthful offender system
in order to ensure that the goals of the youthful offender system, as
described in this section; the operations of the rehabilitative program within
the youthful offender system; and the delivery of services to those offenders
directly sentenced to the youthful offender system are not compromised in
any way by the comingled population.
        (B) The department of corrections shall include in its annual report
to the judiciary committees of the house of representatives and senate, or to
any successor committees, pursuant to section 2-7-203, C.R.S., and in any
annual youthful offender system report produced by the department,
information regarding the policies and procedures developed by the
department pursuant to sub-subparagraph (A) of this subparagraph (IV), the
characteristics of the population of youthful offenders transferred pursuant
to this paragraph (c), and the impact, if any, of transferred inmates on any
youthful offender system programming or department of corrections
programming.
       (C) Notwithstanding any provisions of this section to the contrary,
the department of corrections shall not initiate any transfers of inmates to
the youthful offender system until the department has developed the policies
and procedures described in sub-subparagraph (A) of this subparagraph
(IV).
        (d) It is the intent of the general assembly that offenders sentenced
to the youthful offender system be sentenced as adults and be subject to all
laws and department of corrections rules, regulations, and standards
pertaining to adult inmates, except as otherwise provided in this section.
       (1.3) (a) [Formerly 18-1.3-407 (2)(a)(III) introductory portion]
For the purposes of this section, unless the context otherwise requires:
       (I) "DEPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS.
      (II) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF CORRECTIONS.
       (III) [Formerly 18-1.3-407 (2)(a)(III)(A)] "Juvenile" means a
PAGE 6-HOUSE BILL 26-1064
person who is under eighteen years of age when the crime is committed and
under twenty-one years of age at the time of sentencing pursuant to this
section.
       (IV) "SYSTEM PARTICIPANT" OR "PARTICIPANT" MEANS A JUVENILE
OR A YOUNG ADULT WHO HAS BEEN SENTENCED TO THE YOUTHFUL
OFFENDER SYSTEM.
       (V) "TRAUMA-INFORMED" MEANS AN APPROACH THAT INVOLVES AN
UNDERSTANDING OF ADVERSE CHILDHOOD EXPERIENCES AND THAT
RESPONDS TO SYMPTOMS OF CHRONIC INTERPERSONAL TRAUMA AND
TRAUMATIC STRESS ACROSS THE LIFESPAN OF AN INDIVIDUAL.
       (VI) [Formerly 18-1.3-407 (2)(a)(III)(B)] "Young adult" offender"
means a person who is at least eighteen years of age but under twenty years
of age when the crime is committed and under twenty-one years of age at
the time of sentencing pursuant to this section.
     (b) [Formerly 18-1.3-407 (2)(a)(IV)] As used in this section,
"community supervision" shall not be construed to DOES NOT mean a
community corrections program, as defined in section 17-27-102. C.R.S.
       (1.5) (a) (I) [Formerly 18-1.3-407 (1)(c)(II)] For the purposes of
public safety, academic achievement, rehabilitation, the development of
prosocial behavior, or reentry planning for youthful offenders JUVENILES
AND YOUNG ADULTS, the executive director or his or her THE EXECUTIVE
DIRECTOR'S designee may transfer any offender age EXERCISE DISCRETION
IN THE TRANSFER OF A JUVENILE OR YOUNG ADULT twenty-four years OF AGE
or younger and sentenced to the department of corrections into and out of
the youthful offender system. at his or her discretion.
       (II) [Formerly 18-1.3-407 (1)(c)(IV)(A)] The department of
corrections shall develop policies and procedures for decision-making
regarding the transfer of any offender A JUVENILE OR YOUNG ADULT WHO IS
not sentenced to the youthful offender system into the youthful offender
system in order to ensure that the goals of the youthful offender system, as
described in this section; the operations of the rehabilitative program within
the youthful offender system; and the delivery of services to those offenders
JUVENILES AND YOUNG ADULTS directly sentenced to the youthful offender
system are not compromised in any way by the comingled COMMINGLED
PAGE 7-HOUSE BILL 26-1064
population.
       (III) [Formerly 18-1.3-407 (1)(c)(IV)(C)] Notwithstanding any
provisions of this section to the contrary, the department of corrections shall
not initiate any transfers of inmates JUVENILES OR YOUNG ADULTS to the
youthful offender system until the department has developed the policies
and procedures described in sub-subparagraph (A) of this subparagraph (IV)
SUBSECTION (1.5)(a)(II) OF THIS SECTION.
        (b) [Formerly 18-1.3-407 (1)(c)(III)] The facility that houses
offenders PARTICIPANTS sentenced to the youthful offender system shall be
IS limited to two hundred fifty-six beds.
       (c) [Formerly 18-1.3-407 (1)(c)(IV)(B)] The department of
corrections shall include in its annual report to the judiciary committees of
the house of representatives and senate, or to any successor committees,
pursuant to section 2-7-203, C.R.S., and in any annual youthful offender
system report produced by the department, information regarding the
policies and procedures developed by the department pursuant to
sub-subparagraph (A) of this subparagraph (IV) SUBSECTION (1.5)(a)(II) OF
THIS SECTION, the characteristics of the population of youthful offenders
JUVENILES AND YOUNG ADULTS transferred pursuant to this paragraph (c)
SUBSECTION (1.5), and the impact, if any, of transferred inmates on any
youthful offender system programming or department of corrections
programming. BEGINNING IN JANUARY 2027, AND IN JANUARY EVERY YEAR
THEREAFTER, THE DEPARTMENT SHALL INCLUDE, AS PART OF ITS
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY SECTION
2-7-203, INFORMATION CONCERNING HOW MANY JUVENILES AND YOUNG
ADULTS COMPLETED A COMMITMENT TO THE DIVISION OF YOUTH SERVICES
PRIOR TO A COMMITMENT TO THE YOUTHFUL OFFENDER SYSTEM, HOW MANY
JUVENILES AND YOUNG ADULTS SUCCESSFULLY COMPLETE THEIR SENTENCE
TO THE YOUTHFUL OFFENDER SYSTEM, AND HOW MANY JUVENILES AND
YOUNG ADULTS FAIL TO COMPLETE A SENTENCE TO THE YOUTHFUL
OFFENDER SYSTEM PROGRAM DUE TO THE FILING OF NEW CRIMINAL
CHARGES.
       (2) (a) (I) A juvenile may be sentenced to the youthful offender
system created pursuant to this section under the circumstances set forth in
section 19-2.5-801 (5)(a)(II) or 19-2.5-802 (1)(d)(I)(B). A young adult
offender may be sentenced to the youthful offender system created pursuant
PAGE 8-HOUSE BILL 26-1064
to this section under the circumstances set forth in section 18-1.3-407.5. In
order to sentence a juvenile or young adult offender to the youthful offender
system, the court shall first impose upon such person THE JUVENILE OR
YOUNG ADULT a sentence to the department of corrections in accordance
with section 18-1.3-401. The court shall thereafter suspend such THE
sentence conditioned on completion of a sentence to the youthful offender
system, including a period of community supervision. The court shall
impose any such A sentence to the youthful offender system for a
determinate period of not fewer than two years nor more than six years;
except that a juvenile or young adult offender convicted of a class 2 felony
may be sentenced for a determinate period of up to seven years. In imposing
the sentence, the court shall grant authority to the department of corrections
to place the offender JUVENILE OR YOUNG ADULT under a period of
community supervision for a period of not fewer than six months and up to
twelve months any time after the date on which the offender JUVENILE OR
YOUNG ADULT has twelve months remaining to complete the determinate
sentence. The court may award an offender A JUVENILE OR YOUNG ADULT
sentenced to the youthful offender system credit for presentence
confinement; except that such credit shall DOES not reduce the offender's
JUVENILE'S OR YOUNG ADULT'S actual time served in the youthful offender
system to fewer than two years. The court shall have ORDER a presentence
investigation conducted before sentencing a juvenile or young adult
offender pursuant to this section. Upon the request of either the prosecution
or the defense, the presentence report must include a determination by the
warden of the youthful offender system whether the offender JUVENILE OR
YOUNG ADULT is acceptable for sentencing to the youthful offender system.
When making a determination, the warden shall consider the nature and
circumstances of the crime; the age, circumstances, RISK FACTORS AND
PROTECTIVE FACTORS, TREATMENT NEEDS, and criminal history of the
offender JUVENILE OR YOUNG ADULT; the available bed space in the youthful
offender system; and any other appropriate considerations.
        (II) Upon the successful completion of the determinate sentence to
the youthful offender system, including the mandatory period of community
supervision, the suspended sentence pursuant to section 18-1.3-401 shall
have been IS completed. Whenever an offender A JUVENILE OR YOUNG
ADULT is returned to the district court for revocation pursuant to subsection
(5) of this section, the court shall impose the original sentence following the
revocation of the sentence to the youthful offender system, except as
otherwise provided in paragraph (b) of subsection (5) SUBSECTION (5)(b) of
PAGE 9-HOUSE BILL 26-1064
this section.
       (III) For the purposes of this section, unless the context otherwise
requires:
       (A) "Juvenile" means a person who is under eighteen years of age
when the crime is committed and under twenty-one years of age at the time
of sentencing pursuant to this section.
       (B) "Young adult offender" means a person who is at least eighteen
years of age but under twenty years of age when the crime is committed and
under twenty-one years of age at the time of sentencing pursuant to this
section.
       (C) "Youthful offender" or "offender" means a juvenile or a young
adult offender who has been sentenced to the youthful offender system or
who is eligible for sentencing to the youthful offender system.
       (IV) As used in this section, "community supervision" shall not be
construed to mean a community corrections program, as defined in section
17-27-102. C.R.S.
       (b) Article 22.5 of title 17, concerning time credits, applies to any
person sentenced to the youthful offender system; except that an offender
A SYSTEM PARTICIPANT whose sentence to the youthful offender system is
revoked pursuant to subsection (5) of this section may receive one day of
credit against the suspended sentence imposed by the court following
revocation of the sentence to the youthful offender system for each day the
offender PARTICIPANT served in the youthful offender system, excluding any
period of time during which the offender was under community supervision
but including credit for presentence confinement authorized pursuant to
section 18-1.3-405.
       (3) The department of corrections shall develop and implement a
youthful offender system for offenders JUVENILES AND YOUNG ADULTS
sentenced in accordance with subsection (2) of this section. The youthful
offender system shall be IS under the direction and control of the executive
director. of the department of corrections. The youthful offender system
shall be IS based on the following principles:
PAGE 10-HOUSE BILL 26-1064
      (a) The system should provide for teaching offenders MUST TEACH
PARTICIPANTS self-discipline by providing clear APPROPRIATE consequences
for DESIGNATED inappropriate behavior, WHICH MAY INCLUDE
INTERMEDIATE SANCTIONS IMPOSED BY THE DEPARTMENT;
       (a.5)     THESYSTEM MUST PROVIDE EVIDENCE-INFORMED
REHABILITATIVE TREATMENT, AS INDICATED THROUGH ASSESSMENT, TO
HELP PARTICIPANTS MAKE LASTING BEHAVIORAL CHANGES TO PREPARE
THEMSELVES FOR SUCCESSFUL TRANSITION BACK INTO THE COMMUNITY;
       (b) The system should MUST include a daily regimen that involves
offenders in physical training PARTICIPANTS IN ACTIVITIES DESIGNED TO
MEET THEIR INDIVIDUAL NEEDS, WHICH MAY INCLUDE THERAPY, FAMILY
THERAPY, OR SUBSTANCE USE DISORDER TREATMENT; self-discipline
exercises; educational and work programs; and meaningful interaction, with
a component for a tiered system for swift and strict discipline for
noncompliance POSITIVE SKILL DEVELOPMENT, INCLUDING LIFE SKILLS
PROGRAMMING;
       (c) The system should MUST use staff models and mentors to
promote within an offender A PARTICIPANT the development of socially
accepted attitudes and behaviors;
       (d) The system should MUST provide offenders PARTICIPANTS with
instruction on problem-solving skills and should incorporate methods to
reinforce the use of cognitive behavior strategies that change offenders'
PARTICIPANTS' orientation toward criminal thinking and behavior;
       (e)    The system should MUST promote among offenders
PARTICIPANTS the creation and development of new group cultures which
THAT result in a transition to prosocial behavior; and
       (f) The system should MUST provide offenders PARTICIPANTS the
opportunity to gradually reenter the community. while demonstrating the
capacity for self-discipline and the attainment of respect for the community.
       (3.3) The youthful offender system consists of the following
components, and the department of corrections has the authority described
in this subsection (3.3) in connection with the administration of TO
ADMINISTER the components:
PAGE 11-HOUSE BILL 26-1064
       (a) An intake, diagnostic, and orientation phase. DURING THE
INTAKE, DIAGNOSTIC, AND ORIENTATION PHASE, THE DEPARTMENT SHALL
FACILITATE AN EVALUATION PROCESS THAT INCLUDES AN EVALUATION OF
EACH PARTICIPANT FOR CRIMINOGENIC RISKS OR NEEDS AND AN EVALUATION
OF POSSIBLE PHYSICAL, INTELLECTUAL, DEVELOPMENTAL, AND MENTAL AND
BEHAVIORAL HEALTH NEEDS. EVALUATORS MUST BE TRAINED TO CONDUCT
ASSESSMENTS OF JUVENILES AND YOUNG ADULTS AND TO IDENTIFY NEEDS
AND TARGETED GOALS FOR TREATMENT. THE EVALUATOR SHALL COMPLETE
A WRITTEN REPORT DOCUMENTING RECOMMENDATIONS. AFTER RECEIVING
THE EVALUATOR'S WRITTEN REPORT, THE DEPARTMENT SHALL CREATE A
PLAN THAT MUST ADDRESS CRIMINOGENIC RISK OR NEEDS, THERAPEUTIC
NEEDS, EDUCATION, VOCATIONAL SKILLS, LIFE SKILLS, AND REENTRY INTO
THE COMMUNITY. THE PLAN MUST BE CONSISTENT WITH A PARTICIPANT'S
INDIVIDUALIZED EDUCATION PROGRAM DEVELOPED PURSUANT TO SECTION
22-20-108 OR PLAN DEVELOPED PURSUANT TO SECTION 504 OF THE FEDERAL
"REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ., IF SUCH A
PLAN EXISTS. THE DEPARTMENT SHALL ASSIGN A CASE MANAGER TO THE
PARTICIPANT. THE CASE MANAGER SHALL MEET MONTHLY WITH THE
PARTICIPANT, ENSURE THAT THE PARTICIPANT RECEIVES THE TREATMENT OR
SERVICES NECESSARY TO IMPLEMENT THE PARTICIPANT'S PLAN, AND RECORD
THE PARTICIPANT'S PROGRESS THROUGHOUT THE YOUTHFUL OFFENDER
SYSTEM PROGRAM.
       (b) Phase I, during which time a range of core programs,
supplementary activities, and educational and prevocational programs and
services are provided to offenders EACH PARTICIPANT. A PARTICIPANT'S
PLAN MUST BE REVIEWED WITH THE PARTICIPANT AND A MULTIDISCIPLINARY
TEAM ON A MONTHLY BASIS. IF THE DEPARTMENT DETERMINES THAT
MODIFICATIONS TO THE PLAN FOR TREATMENT OR SERVICES ARE NECESSARY
FOR THE PARTICIPANT'S SUCCESSFUL REHABILITATION, THEN THE
DEPARTMENT SHALL MODIFY THE PARTICIPANT'S PLAN ACCORDINGLY.
      (c) (I) Phase II, which may be administered during the last three to
six months of the period of institutional confinement and during which time
the department of corrections is authorized to transfer an offender A
PARTICIPANT to a twenty-four-hour custody residential program that serves
youthful offenders PARTICIPANTS.
       (II) In connection with the component described in subparagraph (I)
of this paragraph (c) SUBSECTION (3.3)(c)(I) OF THIS SECTION, the
PAGE 12-HOUSE BILL 26-1064
department of corrections is authorized to operate or to contract with a
prerelease residential program for those sentenced as youthful offenders
PARTICIPANTS. The department of corrections or the contract provider shall
provide for twenty-four-hour custody of offenders A PARTICIPANT in phase
II.
       (d) (I) Phase III, which is to be administered for the period of
community supervision that remains after the completion of phase II and
during which the offender PARTICIPANT is monitored during reintegration
into society.
       (II) After the department determines appropriate phase III
placement, the department shall notify, no later than thirty days prior to
placement, the local law enforcement agency for the jurisdiction in which
the offender shall be PARTICIPANT IS BEING placed for phase III. The notice
shall MUST include the offender's PARTICIPANT'S name, the crime committed
by the offender, the disposition of the offender's case CRIME COMMITTED,
CASE DISPOSITION, and the basis for the placement. IF THE PLACEMENT IS IN
A JURISDICTION OTHER THAN THE JURISDICTION WHERE THE PARTICIPANT
WAS CONVICTED, the local law enforcement agency may appeal the
placement if the placement is in a jurisdiction other than the jurisdiction
where the offender was convicted, it may appeal to the executive director
of the department at least fifteen days prior to the placement; except that the
local law enforcement agency may not appeal if the placement is in the
jurisdiction where the offender PARTICIPANT was residing at the time the
offense was committed. If there is an appeal, after considering the
department's basis for placement and the local law enforcement's basis for
appeal, the executive director shall make the final determination of the
placement.
       (3.4) In addition to the powers granted to the department of
corrections in subsection (3.3) of this section, the department of corrections
may:
       (a) Transfer a youthful offender SYSTEM PARTICIPANT to an
appropriate facility for the purpose of accomplishing the offender's
redirection TO FURTHER THE PARTICIPANT'S IDENTIFIED TREATMENT,
REHABILITATION, OR REENTRY goals, as long as the transfer does not
jeopardize the safety and welfare of the offender THE PARTICIPANT OR
ISOLATE THE PARTICIPANT BECAUSE OF THE PARTICIPANT'S DISABILITY
PAGE 13-HOUSE BILL 26-1064
NEEDS;
       (b) Operate an emancipation program and provide other ADDITIONAL
support or monitoring services and residential placement for offenders
participating A PARTICIPANT in phase II and phase III under the youthful
offender system for whom family reintegration poses difficulties. The
department of corrections shall provide reintegration support services to an
offender placed in an emancipation house AT A LEVEL AND OF A TYPE
CONSISTENT WITH THE PARTICIPANT'S NEEDS.
       (c) Contract with any public or private entity, including, but not
limited to, a school district, for provision or certification of educational
services Offenders INCLUDING, BUT NOT LIMITED TO, A GENERAL
EDUCATIONAL DEVELOPMENT PROGRAM OR A HIGH SCHOOL DIPLOMA
PATHWAY. THE DEPARTMENT OR THE CONTRACTED ENTITY SHALL
DETERMINE THE NUMBER AND TYPE OF EDUCATIONAL CREDITS A
PARTICIPANT HAD EARNED PRIOR TO ENTERING THE YOUTHFUL OFFENDER
SYSTEM. A PARTICIPANT receiving educational services or diplomas from a
school district under an agreement entered into pursuant to this paragraph
(c) shall not be SUBSECTION (3.4)(c) IS NOT included in computing the
school district's student performance on statewide assessments pursuant to
section 22-7-1006.3, C.R.S., or the school district's levels of attainment of
the performance indicators pursuant to article 11 of title 22. C.R.S.
       (3.5) (a) The executive director of the department of corrections or
the executive director's designee has final approval on the hiring and
transferring of staff for the youthful offender system. In staffing the
youthful offender system, the executive director or the executive director's
designee shall select persons who are trained in the treatment of youthful
offenders POSSESS KNOWLEDGE, EXPERIENCE, AND A PASSION FOR THE
TREATMENT OF JUVENILES AND YOUNG ADULTS or will be trained in the
treatment of youthful offenders JUVENILES AND YOUNG ADULTS; are trained
to act as role models and mentors pursuant to subsection (3)(c) of this
section; and are best equipped to enable the youthful offender system to
meet the principles specified in subsection (3) of this section. All staff
members must be trained in the treatment of youthful offenders JUVENILES
AND YOUNG ADULTS within forty-five days after their first day at the
youthful offender system. Prior to receiving this training, a staff member
shall not work directly with juveniles and must be supervised by a trained
staff member when working with any young adult offenders at A
PAGE 14-HOUSE BILL 26-1064
PARTICIPANT IN the youthful offender system. The executive director or the
executive director's designee shall make a recommendation to the
department of personnel regarding the classification of positions with the
youthful offender system, taking into account the level of education and
training required for such THE positions.
      (b) TO SUPPORT YOUTHFUL OFFENDER SYSTEM BEHAVIORAL HEALTH
STAFFING, THE DIRECTOR OF CLINICAL SERVICES AT THE DEPARTMENT MAY,
WITH THE FINAL APPROVAL OF THE EXECUTIVE DIRECTOR OR THE EXECUTIVE
DIRECTOR'S DESIGNEE , HIRE UNLICENSED BEHAVIORAL HEALTH
PROFESSIONALS OR PARAPROFESSIONALS TO SUPPLEMENT, AS APPROPRIATE,
THE WORK OF LICENSED BEHAVIORAL HEALTH PROVIDERS AUTHORIZED TO
PROVIDE SUPERVISION WITHIN THE LICENSED BEHAVIORAL HEALTH
PROVIDERS' SCOPE OF PRACTICE.
       (4) The youthful offender system shall MUST provide for community
supervision which shall consist THAT CONSISTS of highly structured
surveillance and monitoring and SUPERVISION, educational PROGRAMS, and
EVIDENCE-INFORMED treatment programs THAT ARE INDIVIDUALLY
TAILORED TO MEET THE SYSTEM PARTICIPANTS' NEEDS AND GOALS.
Community supervision shall MUST be administered by the department, of
corrections, and revocation of the inmate's supervision status shall be A
PARTICIPANT'S SUPERVISION STATUS IS subject to the provisions of
subsections (2) and (5) of this section.
        (4.3) The youthful offender system shall MUST provide sex offender
treatment services for an offender A PARTICIPANT who is sentenced to the
youthful offender system and who has a history of committing a sex
offense, as defined in section 16-11.7-102 (3), C.R.S., or who has a history
of committing any other offense, the underlying factual basis of which
includes a sex offense. Prior to July 1, 2002, the sex offender treatment
services provided pursuant to this subsection (4.3) shall comply with any
existing national standards for juvenile sex offender treatment. On and after
July 1, 2002, The sex offender treatment services provided pursuant to this
subsection (4.3) shall MUST comply with the sex offender treatment
standards adopted by the sex offender management board pursuant to
section 16-11.7-103. C.R.S.
      (4.5) The consent of the parent, parents, or legal guardian of an
offender under the age of eighteen years A JUVENILE PARTICIPANT who has
PAGE 15-HOUSE BILL 26-1064
been sentenced to the youthful offender system pursuant to this section is
not necessary in order to authorize hospital, medical, mental health,
SUBSTANCE USE, dental, emergency health, or emergency surgical care. In
addition, neither the department nor any hospital, physician, surgeon,
mental OR BEHAVIORAL health-care provider, dentist, trained emergency
health-care provider, or agent or employee thereof who, in good faith, relies
on such a minor offender's A JUVENILE PARTICIPANT'S consent is liable for
civil damages for failure to secure the consent of such an offender's THE
PARTICIPANT'S parent, parents, or legal guardian prior to rendering such THE
care. The parent, parents, or legal guardian of a minor offender JUVENILE
PARTICIPANT described in this subsection (4.5) is not liable to pay the
charges for the care provided the minor on said minor's PARTICIPANT BASED
ON THE PARTICIPANT'S consent.
        (5) (a) Except as otherwise provided by paragraph (b) of this
subsection (5) SUBSECTION (5)(b) OF THIS SECTION, the department of
corrections shall implement a procedure for the transfer of an offender A
SYSTEM PARTICIPANT to another facility when an offender in the system THE
SYSTEM PARTICIPANT poses a danger to himself or herself THEMSELF or
others. The executive director of the department of corrections shall review
any transfer determination by the department prior to the actual transfer of
an inmate A PARTICIPANT, including a transfer back to the district court for
revocation of the sentence to the youthful offender system. A transfer
pursuant to this paragraph (a) shall be SUBSECTION (5)(a) IS limited to a
period not to exceed sixty days, at which time the offender PARTICIPANT
shall be returned to the youthful offender facility to complete his or her THE
sentence or returned to the district court for revocation of the sentence to
the youthful offender system. In no case shall an offender A PARTICIPANT
initially sentenced to the youthful offender system be held in isolation or
segregation or in an adult facility for longer than sixty consecutive days
without action by the sentencing court.
       (b) (I) An offender A PARTICIPANT who is thought DETERMINED BY
A MENTAL HEALTH CLINICIAN to have a behavioral or mental health disorder
CONDITION or an intellectual and developmental disability, by a mental
health clinician, as defined by regulation of the department, of corrections,
may be transferred to another facility for a period not to exceed sixty days
for diagnostic validation of said disorder THE CONDITION or disability. At
the conclusion of the sixty-day period, the psychiatrists or other appropriate
professionals conducting MAKING the diagnosis shall forward to the
PAGE 16-HOUSE BILL 26-1064
executive director of the department of corrections their findings, which at
a minimum must include a statement of whether the offender has the ability
to withstand the rigors of INCLUDING INFORMATION ABOUT HOW THE
PARTICIPANT'S CONDITION OR DISABILITY CAN BE ACCOMMODATED IN the
youthful offender system. If the diagnosis determines that the offender
PARTICIPANT is incapable of completing his or her THE sentence to the
youthful offender system due to a behavioral or mental health disorder
CONDITION or an intellectual and developmental disability, the executive
director shall forward such THE determination to the sentencing court.
Based on the determination, the sentencing court shall review the offender's
PARTICIPANT'S sentence to the youthful offender system and may
       (A) Impose the offender's original sentence to the department of
corrections; or
       (B) reconsider and reduce the offender's PARTICIPANT'S sentence to
the department of corrections in consideration of the offender's behavioral
or mental health disorder CONDITION or intellectual and developmental
disability.
        (II) An offender A JUVENILE OR YOUNG ADULT who is resentenced
pursuant to this subsection (5)(b) shall continue to be treated as an adult for
purposes of sentencing and shall not be sentenced pursuant to article 2.5 of
title 19.
        (III) In no event shall the sentencing court, after reviewing the
offender's JUVENILE'S OR YOUNG ADULT'S sentence to the youthful offender
system pursuant to this subsection (5)(b), increase the offender's sentence
to the department of corrections due to the offender's diagnosis of a
behavioral or mental health disorder CONDITION or determination of an
intellectual and developmental disability.
        (IV) Any offender A PARTICIPANT who is diagnosed as having a
behavioral or mental health disorder CONDITION or determined to have an
intellectual and developmental disability and is therefore incapable of
completing his or her THEIR sentence to the youthful offender system may
be housed in any department of corrections facility deemed appropriate by
the executive director or transferred in accordance with procedures set forth
in section 17-23-101 pending action by the sentencing court with regard to
the offender's sentence.
PAGE 17-HOUSE BILL 26-1064
       (c) The department of corrections shall implement a procedure for
A returning offenders JUVENILE OR YOUNG ADULT who cannot successfully
complete the sentence to the youthful offender system, or who fail FAILS to
comply with the terms or conditions of the youthful offender system, to the
district court. An offender A JUVENILE OR YOUNG ADULT returned to the
district court pursuant to subsection (5)(a) of this section or because he or
she THE JUVENILE OR YOUNG ADULT cannot successfully complete the
sentence to the youthful offender system for reasons other than a behavioral
or mental health disorder CONDITION or an intellectual and developmental
disability, or because he or she THE JUVENILE OR YOUNG ADULT fails to
comply with the terms or conditions of the youthful offender system, shall
MUST receive imposition of the original sentence to the department. of
corrections. THE DEPARTMENT MUST FIRST MAKE A DETERMINATION THAT
THE FAILURE TO COMPLY WITH THE TERMS OR CONDITIONS OF THE YOUTHFUL
OFFENDER SYSTEM DID NOT RESULT FROM A MENTAL OR BEHAVIORAL
HEALTH CONDITION OR AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY
OR THE DEPARTMENT ' S FAILURE TO PROVIDE REASONABLE
ACCOMMODATIONS FOR A MENTAL OR BEHAVIORAL HEALTH CONDITION OR
AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY. After the executive
director of the department upholds the department's TRANSFER decision, the
offender PARTICIPANT may be held in any correctional facility deemed
appropriate by the executive director; except that an offender A
PARTICIPANT who cannot successfully complete the sentence to the youthful
offender system for reasons other than a behavioral or mental health
disorder CONDITION or an intellectual and developmental disability, or
because he or she fails OF A FAILURE to comply with the terms or conditions
of the youthful offender system, shall be transferred, within thirty-five days
after the executive director upholds the department's decision, to a county
jail for holding prior to resentencing. The department shall notify the district
attorney of record, and the district attorney of record shall be IS responsible
for seeking the revocation or review of the offender's PARTICIPANT'S
sentence and the imposition of the original sentence or modification of the
original sentence pursuant to subsection (5)(b)(I)(B) SUBSECTION (5)(b)(I)
of this section. The district court shall review the offender's PARTICIPANT'S
sentence within one hundred twenty-six days after notification to the district
attorney of record by the department of corrections that the offender
PARTICIPANT is not able to complete the sentence to the youthful offender
system or fails to comply with the terms or conditions of the youthful
offender system.
PAGE 18-HOUSE BILL 26-1064
       (d) (I) Except as provided in subsection (5)(d)(II) of this section, the
department of corrections may house an offender A SYSTEM PARTICIPANT in
a youthful offender facility that also houses inmates twenty-five years of
age or older sentenced to the department of corrections who are of a lower
than close custody level if such THE inmates are housed in the youthful
offender facility for the purpose of participating in a program to mentor
youthful offenders SYSTEM PARTICIPANTS that is authorized by the executive
director. of the department of corrections.
      (II) The department of corrections shall not house an offender A
PARTICIPANT in a youthful offender facility that also houses any inmates
twenty-five years of age or older sentenced to the department of corrections
who have been convicted of a sex offense, as described in section
16-11.7-102 (3).
       (6) The department of corrections shall establish and enforce
standards for the youthful offender system Offenders CONSISTENT WITH THE
GOALS STATED IN SUBSECTION (1) OF THIS SECTION. A PARTICIPANT in the
youthful offender system, including those A PARTICIPANT under community
supervision, shall be IS considered inmates AN INMATE for the purposes of
section 17-1-111. C.R.S.
       (11.5) (a) (I) An offender A JUVENILE OR YOUNG ADULT who is
sentenced to the youthful offender system shall MUST submit to collection
and a chemical testing of a biological substance sample from the offender
JUVENILE OR YOUNG ADULT to determine the genetic markers thereof.
        (12) The general assembly recognizes that the increased number of
violent crimes committed by juveniles and young adults is a problem faced
by all the states of this nation. By creating the youthful offender system,
Colorado stands at the forefront of the states in creating a new approach to
addressing this problem. The general assembly also declares that the cost
of implementing and operating the youthful offender system will create
CREATES a burden on the state's limited resources. Accordingly HOWEVER,
THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE DEPARTMENT
SUFFICIENT FUNDS TO MANAGE THE YOUTHFUL OFFENDER SYSTEM IN A
MANNER CONSISTENT WITH THE REQUIREMENTS AND PRINCIPLES CONTAINED
IN THIS SECTION, INCLUDING THE REQUIREMENTS AND PRINCIPLES RELATED
TO THE TREATMENT OF MENTAL AND BEHAVIORAL HEALTH CONDITIONS OR
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES. TO SUPPLEMENT THE
PAGE 19-HOUSE BILL 26-1064
APPROPRIATION, the general assembly directs the department of corrections
to seek out and accept available federal, state, and local public funds,
including project demonstration funds, and private moneys MONEY and
private systems for the purpose of conducting the youthful offender system.
       (15) (a) THE DEPARTMENT SHALL CONSULT A DIVERSE GROUP OF
RELEVANT EXPERTS TO FORMULATE RECOMMENDATIONS FOR INTEGRATING
A TRAUMA-INFORMED STANDARD OF CARE WITH CURRENT PRACTICES TO
PROMOTE THE HEALTH AND SAFETY OF PARTICIPANTS IN THE YOUTHFUL
OFFENDER SYSTEM. THE RELEVANT EXPERTS' VIEWS MUST GUIDE THE
RECOMMENDATIONS ON APPROPRIATE PROGRAMMING AND THERAPEUTIC
INTERVENTIONS TO ADDRESS SYMPTOMS OF TRAUMA THAT SYSTEM
PARTICIPANTS EXHIBIT. THE RECOMMENDATIONS MUST INCLUDE, BUT ARE
NOT LIMITED TO, NECESSARY MODIFICATIONS TO YOUTHFUL OFFENDER
SYSTEM PROGRAMMING AND PROCEDURES, PARTICIPANT TREATMENT,
PARTICIPANT HOUSING ARRANGEMENTS, AND STAFF TRAINING TO REFLECT
A TRAUMA-INFORMED APPROACH TO CARE. IMPLEMENTATION OF THE
RECOMMENDATIONS IS SUBJECT TO AVAILABLE APPROPRIATIONS ,
DEPARTMENT CAPACITY, FACILITY INFRASTRUCTURE, AND AVAILABLE
STAFFING.
       (b) IN JANUARY 2028, THE DEPARTMENT SHALL INCLUDE, AS PART
OF ITS PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY
SECTION 2-7-203, INFORMATION CONCERNING THE RECOMMENDATIONS
DEVELOPED PURSUANT TO SUBSECTION (15)(a) OF THIS SECTION. THE
DEPARTMENT SHALL PUBLISH  THE   RECOMMENDATIONS        ON   THE
DEPARTMENT'S WEBSITE.
        SECTION 6. In Colorado Revised Statutes, amend 18-1.3-407.5
as follows:
      18-1.3-407.5. Sentences - young adults - youthful offender
system - definitions.
       (1) (a) A young adult offender may be sentenced to the youthful
offender system in the department of corrections in accordance with section
18-1.3-407, in the following circumstances:
       (I) The young adult offender is convicted of a felony enumerated as
a crime of violence pursuant to section 18-1.3-406;
PAGE 20-HOUSE BILL 26-1064
       (II) The young adult offender is convicted of a felony offense
described in part 1 of article 12 of this title TITLE 18;
        (III) The young adult offender used, or possessed and threatened the
use of, a deadly weapon during the commission of a felony offense against
a person, as set forth in article 3 of this title TITLE 18;
       (IV) The young adult offender is convicted of vehicular homicide,
as described in section 18-3-106; vehicular assault, as described in section
18-3-205; or felonious arson, as described in part 1 of article 4 of this title
TITLE 18;
       (V) The young adult offender is convicted of a felony offense
described in section 18-1.3-401 as a class 3 felony, other than the felonies
described in section 18-3-402 (1)(d) and section 18-3-403 (1)(e), as it
existed prior to July 1, 2000, and has, within the two previous years, been
adjudicated a juvenile delinquent for a delinquent act that would constitute
a felony if committed by an adult; or
       (VI) The young adult offender is convicted of a felony offense and
is determined to have been a "repeat juvenile offender", as described in
section 19-2.5-1125.
        (b) The offenses described in paragraph (a) of this subsection (1)
shall SUBSECTION (1)(a) OF THIS SECTION include the attempt, conspiracy,
or solicitation to commit such THE offenses.
       (2) (a) Notwithstanding the circumstances described in subsection
(1) of this section, a young adult offender shall be IS ineligible for
sentencing to the youthful offender system if the young adult offender is
convicted of any of the following:
       (I) A class 1 or class 2 felony;
      (II) A sexual offense described in section 18-6-301, section
18-6-302, or part 4 of article 3 of this title TITLE 18; or
       (III) Any offense, if the young adult offender has received a
sentence to the youthful offender system for any A prior conviction.
PAGE 21-HOUSE BILL 26-1064
        (b) Notwithstanding subsection (2)(a) of this section, a young adult
offender who is charged with first degree murder as described in section
18-3-102 (1)(b), as it existed prior to September 15, 2021, or murder in the
second degree, as described in section 18-3-103 (1)(b), and pleads guilty to
a class 2 felony as a result of a plea agreement is eligible for sentencing to
the youthful offender system if the young adult offender would be eligible
for sentencing to the youthful offender system for a conviction of the felony
underlying the charge of first degree murder as described in section
18-3-102 (1)(b), as it existed prior to September 15, 2021, or murder in the
second degree, as described in section 18-3-103 (1)(b).
       (3) As used in this section, unless the context otherwise requires, a
"young adult" offender" means a person who is at least eighteen years of
age but under twenty years of age at the time the crime is committed and
under twenty-one years of age at the time of sentencing pursuant to this
section.
        SECTION 7. In Colorado Revised Statutes, 18-1.3-704, amend (1)
as follows:
       18-1.3-704. Outstanding balances owed by juveniles - report.
       (1) On and after July 6, 2021, the balance of any court-assessed or
court-ordered costs imposed pursuant to section 16-11-101.6 (1),
18-1.3-407 (4.5) or (11.5), 18-1.3-507 (6)(a), 18-1.3-701 (1) or (2)(m),
18-21-103 (1.5), 18-25-101 (1), 21-1-103 (3), 24-4.1-119 (1)(a) or (1)(d),
24-4.2-104 (1)(a)(I), or 42-4-1307 (10) against a juvenile, as defined in
section 18-1.3-407 (2)(a)(III)(A) SECTION 18-1.3-407 (1.3); the parent,
guardian, or legal custodian of a juvenile; or other person who is liable for
the support of a juvenile are unenforceable and not collectable.
        SECTION 8. In Colorado Revised Statutes, 18-22-103, amend (3)
as follows:
       18-22-103. Source of revenues - allocation of money - surcharge
fund - transfer - repeal.
      (3) There is hereby created in the state treasury a youthful offender
system surcharge fund which shall consist THAT CONSISTS of moneys
MONEY received by the state treasurer pursuant to paragraph (b) of
PAGE 22-HOUSE BILL 26-1064
subsection (2) SUBSECTION (2)(b) of this section. In accordance with section
24-36-114, C.R.S., all interest derived from the deposit and investment of
this fund shall be IS credited to the general fund. Any moneys MONEY not
appropriated by the general assembly shall remain REMAINS in the youthful
offender system surcharge fund and shall not be transferred or revert to the
general fund of the state at the end of any fiscal year. All moneys MONEY
in the fund shall be IS subject to annual appropriation by the general
assembly to the department of corrections to cover the direct and indirect
costs associated with the rehabilitation, education, and treatment of youthful
offenders JUVENILES AND YOUNG ADULTS sentenced to a THE youthful
offender system.
       SECTION 9. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
PAGE 23-HOUSE BILL 26-1064
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
PAGE 24-HOUSE BILL 26-1064