Colorado - Juvenile Diversion Program

Colo. Rev. Stat. Ann. § 19-2.5-402 (West)

Population: Youth

Legal Features: Admissibility Confidentiality

Law Type: Statute

Excerpt of Relevant Text:

(4) District attorneys’ offices or the office’s designees shall: (a) On and after January 1, 2021, conduct a risk screening using a risk screening tool selected pursuant to section 24-33.5-2402(1)(c), as it existed prior to its repeal in 2022, for all juveniles referred to the district attorney pursuant to section 19-2.5-201, unless the juvenile is currently committed or on parole, a determination has already been made to divert the juvenile, or the district attorney declines to file charges, dismisses the case, or charges the juvenile with a class 1 or class 2 felony. The district attorney’s office shall conduct the risk screening or contract with an alternative agency that has been formally designated by the district attorney’s office to conduct the screening, in which case the results of the screening must be made available to the district attorney’s office. The entity conducting the screening shall make the results of the risk screening available to the juvenile and the juvenile’s family. All individuals using the risk screening tool must receive training on the appropriate use of the tool. The risk screening tool is for informing decisions about diversion. The risk screening tool and any information obtained from a juvenile in the course of any screening, including any admission, confession, or incriminating evidence, obtained from a juvenile in the course of any screening or assessment in conjunction with proceedings pursuant to this section or made in order to participate in a diversion or restorative justice program is not admissible into evidence in any adjudicatory hearing in which the juvenile is accused and is not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.

Read Full Text of Colo. Rev. Stat. Ann. § 19-2.5-402 (West)