Senate Bill 24-006 Summary

• Add consideration of intellectual and developmental disabilities, mental or behavioral health issues, and lack of mental capacity as factors when determining eligibility for juvenile diversion programs.

• Prohibit district attorneys from denying diversion to juveniles based on disability-related behaviors or symptoms unless the symptoms are so severe the juvenile cannot understand or participate in diversion.

• Require consideration of alternative resources, including referral to state collaborative management programs, when a juvenile demonstrates behaviors too severe for diversion participation.

• Expand diversion program services to explicitly include behavioral health services and services for juveniles with developmental disabilities.

• Allow adults found incompetent or with raised competency issues to enter pretrial diversion agreements with court approval if they have the ability to participate, while preserving the right to raise competency challenges if diversion terms are violated.