|The Colorado Lawyer|
Vol. 26, No. 10 [Page 147]
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From the Courts
C.A.R. 32. Form of Briefs
C.A.R. 32. Form of Briefs and Appellate Papers is corrected as follows:
(a) [No Change from Rule Change # 1997(6), issued March 13, 1997, effective July 1, 1997].
(1) through (4) [No Change from Rule Change # 1997(6), issued March 13, 1997, effective July 1, 1997].
(5) There shall be no more than 26 lines of text, including footnotes and quotations, per page. TEXT SHALL APPEAR ONLY ON THE FACE SIDE OF EACH PAGE.
[No Other Changes]
Corrected on July 22, 1997, effective immediately.
Chapter 28. Colorado Rules of Juvenile Procedure
C.R.J.P. 3.8. Status Offenders
Part Three. Delinquency
C.R.J.P. 3.8. Status Offenders is adopted as follows:
Juveniles alleged to have committed offenses which would not be a crime if committed by an adult (i.e., status offenses), shall not be detained for more than 24 hours excluding non-judicial days unless there has been a detention hearing and judicial determination that there is probable cause to believe the juvenile has violated a valid court order. A juvenile in detention alleged to be a status offender and in violation of a valid court order shall be adjudicated within 72 hours exclusive of non-judicial days of the time detained. A juvenile adjudicated of being a status offender in violation of a valid court order may not be disposed to a secure detention or correctional placement unless the court has first reviewed a written report prepared by a public agency which is not a court or law enforcement agency. The report shall address the juvenile's behavior and the circumstances which brought the juvenile before the court and shall assess whether all less restrictive dispositions have been exhausted or are clearly inappropriate. The court is not bound by the recommendations contained in the report. Nothing herein shall prohibit the court from ordering the placement of juveniles in shelter care where appropriate, and such placement shall not be considered detention within the meaning of this Rule. Juveniles alleged to have violated C.R.S. 18-12-108.5 or adjudicated delinquent for having violated C.R.S. 18-12-108.5 are exempt from the provisions of this Rule.
The reference to "valid court orders" is taken from the Federal Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, as amended, which is found at 42 U.S.C.A. 5601-5751. The Office of Juvenile Justice and Delinquency Prevention in April 1995, issued final regulations to implement that portion of the JJDPA, as amended in 1992, which addresses the detention and secure confinement of status offenders. These regulations, which are found at 28 C.F.R. 31.303 (F)(3) set forth the legal requirements for issuing of "valid court orders," the violation of which by a status offender may, in certain circumstances, authorize juvenile courts to detain and/or commit such youth to secure confinement. The appendix to these Rules contains a form for issuing a valid court order and a form order for making a secure placement disposition for violation of a valid court order.
The Committee's intent in drafting this Rule is not to encourage more frequent use of detention for status offenders. The Committee recognizes that Congress and the OJJDP assumed that courts would exhibit self-restraint and exercise the valid court order exclusion only in cases of status offenders who chronically fail to follow court orders. The Colorado Supreme Court in In the Interest of J.E.S., 817 P2d. 508 (Colo. 1991) quoted from In re Ronald S., 69 Cal.App. 866, 138 Cal. Rptr. 387 (1977) to comment on the use of secure confinement for status offenders.
Certainly not all [status offenders] need to be placed in secure facilities. However, some do and in these cases the juvenile court must have authority to detain in a secure facility--if status offenders are to remain in the Juvenile Court. Id. at ___, 138 Cal. Rptr. at 392-93.
Ohio Representative Ashbrook, who sponsored the valid court order amendment, stated that without the amendment courts would be limited in their ability to work with youths who continually flout the will of the court and that it would make "helping that young person much more difficult." (126 Cong. Rec. H. 10 10932). Ashbrook contemplated that the valid court order exception would primarily be used to provide treatment rather that punishment.
The Committee recommends that the courts adopt this benevolent approach and use the valid court order exception to ensure that secure placements are used only for recalcitrant status offenders.
Adopted by the Court, En Banc, June 12, 1997, effective January 1, 1988.
Note: Accompanying C.R.J.P. 3.8 Form 1, Valid Court Orders for Status Offenders, and C.R.J.P. 3.8 Form 2, Secure Placement as Disposition for Violation of Valid Court Order, may be obtained by contacting the Supreme Court Clerk's Office, 2 E. 14th Ave., Denver, CO 80203; (303) 861-1111.
By the Court:
Gregory Hobbs, Jr.
Justice, Colorado Supreme Court
U.S. Court of Appeals for the Tenth Circuit
Proposed Revisions, Tenth Circuit Rules
The Tenth Circuit Rules Committee has made revisions similar to those made to the Federal Rules of Appellate Procedure. The new Federal Rules are scheduled to be published and effective December 1, 1998. The Tenth Circuit Rules will then follow, being effective January 1, 1999. The Tenth Circuit Court is now soliciting public comment, with the period to do so running through January 1, 1998. For a copy of the proposed Tenth Circuit Rules or for further information, please contact the Office of the Clerk, The Tenth Circuit Rules Committee, Byron White U.S. Courthouse, 1823 Stout St., Denver, CO 80257, or call the Clerk's Office at (303) 844-3157.
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