COLORADO DEPARTMENT OF HUMAN SERVICES DIVISION OF YOUTH SERVICES

POLICY S16.5

PAGE NUMBER 1 OF 4

CHAPTER: Admission, Transfer and Release

SUBJECT:

Removal From Rolls

EFFECTIVE DATE:

July 1, 2017

THIS POLICY RELATES TO: Regional Offices

Anders Jacobson, Director

I.

POLICY: Any juvenile committed to the Colorado Department of Human Services, Division of Youth Corrections may be legally discharged and removed from the Division of Youth SERVICES’ rolls when they have either been discharged by the Juvenile Parole Board, or have reached the age of 21 prior to completing their period of supervision, or have been released from their mittimus by order of the court having jurisdiction.

II.

III.

KEY TERMS: A.

PERIOD OF COMMITMENT: THE LENGTH OF TIME DESIGNATED BY THE COURT ON THE MITTIMUS TRANSFERRING CUSTODY TO THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO A COMMITMENT.

B.

PERIOD OF SUPERVISION: THE PERIOD OF COMMITMENT PLUS ANY PERIOD OF PAROLE SUPERVISION IMPOSED BY THE JUVENILE PAROLE BOARD.

ASSOCIATED FORMS: NONE

IV.

PROCEDURES: A.

Discharge by the Juvenile Parole Board: 1.

Discharge Upon Completion of Parole: When a juvenile has completed the period of parole supervision established by the Juvenile Parole Board the assigned Client Manager/Parole Officer or designee shall take the following action: a.

Make the appropriate entries in the Colorado TRAILS database discharging the juvenile, AND

b.

Notify the juvenile of the discharge, AND

c.

If the juvenile is still under the age of 18, notify the parents or legal guardians of the discharge, AND

CHAPTER Admission, Transfer and Release

2.

3.

4.

5.

SUBJECT Removal From Rolls

POLICY S 16.5

PAGE 2 of 4 2/15/08, 4/15/11, 7/1/17

d.

Notify any victims enrolled in the Victim Notification Program, AND

e.

Send a letter reporting the outstanding balance of restitution, if such exists, to the specific person or agency within the judicial district responsible for accepting restitution collections, AND

f.

Process the juvenile’s master file as prescribed in Division of Youth Corrections’ Policy "Closed Juvenile Records".

Early Discharge from Extended Parole: When a juvenile has served the mandatory period of parole but has not completed all extended parole period imposed by the Juvenile Parole Board and there is reasonable probability that the juvenile will remain at liberty without violating the law, the assigned Client Manager/Parole Officer may take the following action: a.

Schedule a hearing before the Juvenile Parole Board to request an early discharge from parole supervision, AND

b.

If the discharge is granted, the Client Manager/Parole Officer or designee shall discharge the juvenile as described in III, A. 1, a-f.

Non-Exemplary Parole Discharge: When a juvenile who is on parole has been convicted of a crime in a District or County Court and has been sentenced as an adult and such sentence will exceed the remaining time on the juvenile’s period of supervision by the Division of Youth SERVICES, the assigned Client Manager/Parole Officer or designee may take the following action: a.

Send a letter to the Juvenile Parole Board requesting a non-exemplary discharge and include a copy of the sentencing order from the adult court, AND

b.

Upon approval of such discharge, the Client Manager/Parole Officer or designee shall discharge the juvenile as described in III, A. 1, a-f and provide copies of the Juvenile Parole Board findings to the juvenile (if the address is known) and his/her parents or legal guardians, if the juvenile is under the age of 18.

Discharge Without Parole: When a juvenile who is not on parole but has less than two months remaining on their period of commitment has been convicted of a crime in a District Court and has been sentenced to an adult facility and such sentence will exceed the remaining time on the juvenile’s period of supervision, the Client Manager/Parole Officer or designee shall take the following actions: a.

Request a post-commitment parole hearing before the Juvenile Parole Board and provide the Board with the sentencing order from the District Court

b.

Upon approval of such discharge by the Juvenile Parole Board, The Client Manager/Parole Officer or designee shall then discharge the juvenile following the process described in III, A. 1, a-f.

Parole Discharge for Special Achievement: When a juvenile who is on parole or may be placed on parole, meets all the conditions of special achievement as specified in Colorado

CHAPTER Admission, Transfer and Release

SUBJECT Removal From Rolls

POLICY S 16.5

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Revised Statute, Section 19-2-1002 (9)(c), the Client Manager/Parole Officer or designee may take the following actions: a.

Review the case with their supervisor and the Regional Director to obtain approval to proceed

b.

Upon Approval, schedule a hearing before the Juvenile Parole Board to request an early discharge from parole supervision

c.

In addition to the packet of material required by the Juvenile Parole Board for regular parole hearings, the following shall be included:

d.

6.

B.

i.

A copy of the juvenile’s GED certificate or diploma

ii.

A document verifying that all restitution ordered for the juvenile has been paid

iii.

A copy of the most recent Colorado Juvenile Risk Assessment done for the juvenile

iv.

A letter signed by the Client Manager/Parole Office or designee certifying that the juvenile is ready for discharge from parole and stating the reasons for that conclusion

v.

A plan of action written by the juvenile that includes the steps the juvenile will accomplish to ensure their transition to law abiding citizenship. If the plan includes intent to enlist in the military it shall specify the interim steps the juvenile will take prior to entering military service. If the discharge is granted, the Client Manager/Parole Officer or designee shall discharge the juvenile as described in III, A. 1, a-f.

Denial of Request for Discharge: If a request for discharge, as described in paragraphs 2, 3, 4 & 5 above is denied by the Juvenile Parole Board, the Client Manager/Parole Officer shall continue to supervise the juvenile on parole. Should the juvenile meet any requirements placed on the juvenile by the Juvenile Parole Board, a hearing for reconsideration may be scheduled.

Discharge Upon Reaching the Age of 21: 1.

Any juvenile committed to the Division of Youth SERVICES who has reached the age of 21 prior to completing their period of supervision shall be discharged upon their 21st birthday.

2.

The assigned Client Manager/Parole Officer shall determine when a juvenile meets the criteria, obtain approval from their supervisor to proceed with discharge from the Division of Youth SERVICES’ rolls and then take the following actions: a.

Discharge the juvenile as described in III, A. 1, a-f.

CHAPTER Admission, Transfer and Release

SUBJECT Removal From Rolls

b.

C.

POLICY S 16.5

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For youth on escape status, notify Lookout Mountain Youth Services Center Intake that the youth had been discharged to assure that any outstanding warrants for the juvenile which were issued by the Division of Youth SERVICES are cancelled.

Discharge Upon Release from Mittimus: 1.

When a juvenile has been convicted of a crime in a District Court and has been sentenced to an adult facility and such sentence will exceed the remaining time on the juvenile’s period of supervision by the Division of Youth SERVICES, the Client Manager/Parole Officer may request a release from mittimus by the committing court(s).

2.

If the juvenile is not on parole and their commitment will expire in more than two months, the Client Manager/Parole Officer shall complete a cover letter for release from mittimus and attach the following documents: a.

A copy of the mittimus from the committing juvenile court(s), AND

b.

A copy of the sentencing Judge’s Order and/or mittimus from the adult court, AND

c.

If the juvenile is presently under the jurisdiction of another state, a letter of support from Interstate Compact or the supervising agency in the state having jurisdiction.

3.

The Client Manager/Parole Officer shall forward the cover letter from release from mittimus and other required documents to their Regional Director for review and approval.

4.

Upon approval, the Regional Director shall forward the packet to the Assistant Attorney General assigned to the Division of Youth SERVICES for filing in any committing juvenile court where a commitment is still active.

5.

When the Client Manager/Parole Officer receives the Order for the Release from mittimus from the committing court(s), they shall then discharge the juvenile following the process described in III, A, 1 a-f and provide copies of the signed order to the following persons or agencies:

6.

a.

The juvenile (if the address is known)

b.

The juvenile’s parents or legal guardians, if the juvenile is still under the age of 18

c.

The Juvenile Parole Board

If a request for discharge is denied by the Court, the Client Manager/Parole Officer shall continue to supervise the juvenile until such time as the juvenile meets the requirements for discharge as stipulated in III, A, 4.