By H. Michael Steinberg Colorado Juvenile Crimes Criminal Defense Lawyer – Email the Author at [email protected]
A Denver Colorado Juvenile Crimes Lawyer Explains the Two Kinds Of “Juvi” Jail – DYC and YOS – The most frightening call for a parent is – your child is in detention. At a sentencing hearing for a juvenile – it is a sentence to juvenile prison or jail that makes the heart sink.
In 2011 Colorado closed two youth detention centers because the number of juveniles held in locked facilities dropped to 1998 levels.
That drop reflects a national trend and the decrease is partly the result of juveniles being moved from locked facilities and into private community-based residential programs expecially those who have primarily substance- abuse issues.
This brief article addresses the two kinds of “juvi” sentencing options that explain where you or your child will end up.
Colorado, unlike many states, has two individual and completely separate systems for the detention (temporary jailing) or commitment after a sentencing in juvenile court (punishment for being “adjudicated a delinquent child” that is after being convicted of a juvenile crime).
The most recognized of these two systems is The Division of Youth Corrections (DYC) which falls under Colorado’s Department of Human Services (DHS). The equivalent of adult prison for juveniles in the Colorado juvenile justice system – is known as The Colorado Youthful Offender System (YOS). The Youthful Offender System (YOS) is part of the Colorado Department of Corrections (CDOC or DOC) and was created to house juvenile offenders convicted as adults for adult type felonies.
The call you receive in the middle of the night will most likely originate at one of the ten detention centers run by DHS.
Both systems function to “detain” a juvenile – (a nice word for incarceration) – both provide “commitment” “treatment services,” both carry out sentencing requirements and function in the area of parole and release.
DYC has a dual function. DYC is not only responsible for operating juvenile detention facilities but it is required by Colorado law to “provide for the care and supervision of youth committed by the District Court to the custody of the Colorado Department of Human Services.”
DYC has ten facilities that incarcerate children between 10-18 who:
1. Are awaiting resolution of their criminal cases “pre-adjudicated”
2. Have been sentenced to a term of incarceration “committed” to detention for a period of time permitted under Colorado law.
If you or your child is awaiting trial and have not bonded or been permitted to post a bail bond – – you will be placed in a “Detention Facility intended for youth awaiting trial.
On the other hand – if you or your child has been sentenced by a Juvenile Court Judge as punishment for the crimes committed – then you may be sentenced to one of these facilities for no longer than 45 days for crimes. This sentence includes the failure to comply with court ordered sanctions or for a failure to appear in court (an FTA).
“Commitment facilities” may be somewhat different for juveniles convicted of “delinquent acts.”
If a Colorado juvenile judge “commits” a juvenile delinquent – upon “commitment” – the custody of the juvenile offender is “transferred” to DHS until the successful completion of the sentence or a change of location based upon the decision to transfer the juvenile to another department.
The most common crimes for “commitment” to DYC are assault, burglary, trespassing, and theft. Depending on the classification of the juvenile offender – an example being a violent juvenile offender a year or more can be sentence. LINK to my Colorado juvenile sentencing article
After you arrive at a DYC facility – there is a 30-day assessment to establish a “treatment plan” for the juvenile. This “assessment” results in a report that recommends which services and programs such as:
At the end of the sentence – juvenile offenders who have been sentenced to DYC must also complete a six-month parole period. If the juvenile violates parole – like the adult system – it can be revoked and the juvenile re-incarcerated – or it can be “extended” for up to 15 months. These decisions are made by the Colorado Juvenile Parole Board. The juvenile parolee remains under the custody of DHS and will only be released upon successful completion of the parole program.
The Youthful Offender System (YOS), part of the Colorado Department of Corrections (CDOC), was established for juvenile offenders convicted of serious adult felonies.
It is abhorrent to sentence juveniles charged as adults and sentenced to anything but a program like YOS that is intended to service ONLY juveniles. YOS offenders are housed in a correctional facility in Pueblo designated to serve youthful offenders only.
The YOS program has four stages: intake, assessment, and orientation;
The YOS program was originally designed for violent offenders between the ages of 14 and 18 But was extended in 2009 to include any youthful offender charged as an adult with a class 3 or class 4 violent felony who was between the ages of 18 and 19 at the time of the offense.
The juvenile offender must be under 21 years of age at the time of sentencing to be considered for YOS.
The minimum sentence is at least two years, with a maximum sentence of no more than six years. However, an offender who has been convicted of a class 2 felony may be sentenced to a determinate period of up to seven years.
The most common crimes of offenders admitted to YOS are aggravated robbery, assault in the second degree, assault in the first degree, and burglary. The average age of persons convicted during that time is 18.5
Because the program is within DOC, offenders can be discharged from YOS and sentenced to prison if they remain within the system beyond the age restriction or are sentenced for another crime while serving in YOS.
For more information on the YOS System – follow this LINK.
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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author – A Denver Colorado Juvenile Crimes Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.
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Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the topic of this article – A Denver Colorado Juvenile Crimes Lawyer Explains the Two Kinds Of “Juvi” Jail – DYC and YOS.