(2) (a.5) Repealed.
(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 the components:
(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:
(3.5) 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 or will be trained in the treatment of youthful offenders, 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 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 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 positions.
(4.3) The youthful offender system shall provide sex offender treatment services for an offender 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 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 who has been sentenced to the youthful offender system pursuant to this section is not necessary in order to authorize hospital, medical, mental health, dental, emergency health, or emergency surgical care. In addition, neither the department nor any hospital, physician, surgeon, mental 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 consent is liable for civil damages for failure to secure the consent of such an offender's parent, parents, or legal guardian prior to rendering such care. The parent, parents, or legal guardian of a minor offender described in this subsection (4.5) is not liable to pay the charges for the care provided the minor on said minor's consent.
Source: L. 2002: Entire article added with relocations, p. 1406, § 2, effective October 1. L. 2003: (5)(c) amended, p. 983, § 19, effective April 17. L. 2004: (1)(c) amended and (13) repealed, pp. 243, 244, §§ 2, 3, effective April 5; (3.4)(c) amended, p. 1662, § 14, effective June 3. L. 2006: IP(5)(b)(I) amended, p. 1399, § 49, effective August 7; (11.5)(a)(I) amended, p. 1690, § 10, effective July 1, 2007. L. 2008: (4.3) and (4.5) amended, p. 39, § 1, effective March 13; (1)(b) and (2)(a)(I) amended, p. 1507, § 3, effective May 28. L. 2009: (3.4)(c) amended, (SB 09-163), ch. 293, p. 1546, § 55, effective May 21; (1)(b), (1)(c), (1)(d), (2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a.5), (2)(b), (3.3), (3.4)(a), (3.4)(b), (3.5), IP (5)(b)(I), (5)(c), (11.5)(a)(I), (11.5)(c), and (12) amended, (HB 09-1122), ch. 77, p. 280, § 5, effective October 1. L. 2010: (1)(b), (2)(a)(I), and IP(2.1)(a) amended, (HB 10-1413), ch. 264, p. 1205, § 5, effective August 11. L. 2012: (5)(c) amended, (SB 12-175), ch. 208, p. 866, § 111, effective July 1. L. 2015: (3.4)(c) amended, (HB 15-1323), ch. 204, p. 719, § 16, effective May 20; (1)(c) amended, (SB 15-182), ch. 146, p. 442, § 1, effective August 5. L. 2017: IP(5)(b)(I), (5)(b)(I)(B),(5)(b)(III), (5)(b)(IV), and (5)(c) amended, (SB 17-242), ch. 263, p. 1306, § 140, effective May 25; (10)(b) amended, (HB 17-1059), ch. 91, p. 277, § 2, effective August 9. L. 2021: (1)(b) and (2)(a)(I) amended, (HB 21-1091), ch. 175, p. 955, § 3, effective May 24; (2)(a.5), (11), and (11.5)(c) repealed, (2)(b), IP(3.3), (3.3)(c)(I), (3.5), and (11.5)(a)(I) amended, and (14) added (SB 21-146), ch. 459, p. 3087, § 12, effective July 6; (4.5) and (11.5)(a)(I) amended and (11.5)(c) repealed, (HB 21-1315), ch. 461, p. 3109, § 9, effective July 6; (1)(c)(I) amended and (5)(d) added, (SB 21-192), ch. 102, p. 407, § 1, effective September 7; (1)(b), (2)(a)(I), IP(2.1)(a), and (5)(b)(II) amended, (SB 21-059), ch. 136, p. 719, § 43, effective October 1; (1)(b) and (2)(a)(I) amended, (HB 21-1091), ch. 175, p. 958, § 6, effective October 1.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
Structure Colorado Code
Article 1.3 - Sentencing in Criminal Cases
Part 4 - Sentences to Imprisonment
§ 18-1.3-401. Felonies Classified - Presumptive Penalties
§ 18-1.3-401.5. Drug Felonies Classified - Presumptive and Aggravated Penalties
§ 18-1.3-402. Felony Offenses Not Classified
§ 18-1.3-403. Penalty for Felony Not Fixed by Statute - Punishment
§ 18-1.3-404. Duration of Sentences for Felonies
§ 18-1.3-405. Credit for Presentence Confinement
§ 18-1.3-406. Mandatory Sentences for Violent Crimes - Definitions
§ 18-1.3-407.5. Sentences - Young Adult Offenders - Youthful Offender System - Definitions
§ 18-1.3-408. Determinate Sentence of Imprisonment Imposed by Court
§ 18-1.3-409. Concurrent or Consecutive Sentences - Court to Clarify Sentencing in Mittimus