CO SB289

Department of Human Services may transfer individuals at least 18 years old from Division of Youth Corrections to Department of Corrections upon court order if the individual committed specified offenses in a youth facility: possession of contraband in first degree with a deadly weapon, any crime of violence, assault, or possession/distribution of controlled substances.

Department of Human Services must certify that the individual is no longer benefitting from its programs or is unfit or unsafe for continued placement in a juvenile facility before transfer can occur.

Department of Human Services initiates transfer by filing a request with the court of commitment stating the basis for the request, which triggers a court hearing with notice to interested parties including the Department of Corrections.

Court must order the transfer upon finding by preponderance of evidence that the individual is no longer benefitting from DHS programs or is unfit or unsafe for juvenile facility placement.

Upon transfer, court issues a mittimus transferring all jurisdiction to Department of Corrections, and the individual serves the unserved portion of the juvenile sentence as if sentenced as an adult under Titles 16 and 17, with the mittimus indicating whether sentences run consecutively or concurrently.