coloradoIn an ongoing debate at the state Capitol, Colorado has been unable to pass a plan to raise the age for prosecuting children, allowing kids as young as 10 years old to continue facing criminal charges. Despite making it through the House after an emotionally charged discussion, the proposal ultimately stalled in the Senate after intense deliberation over multiple days. Consequently, senators introduced a “strike below” amendment, essentially rewriting the 55-page bill with a concise 13-page version just days before the end of the legislative session.
Under the revised version, prosecutors can still charge children aged 10 to 12 but have the option to refer them to community services outside the juvenile justice system. To support these community services, the bill allocates $1.5 million in funding and mandates that district attorneys, the child welfare system, and coordinating agencies report the outcomes of these services to the legislature.
The original proposal garnered bipartisan support, but it faced opposition from both Republicans and Democrats who argued that Colorado lacked a robust community services system to ensure adequate rehabilitation for the targeted age group. The intention was to establish a county-level referral system, involving mentoring, therapy, anger management, and substance use treatment programs for 10- to 12-year-olds involved in criminal activities. These “collaborative management programs” already exist in 51 out of 64 counties, coordinating services for children involved in various systems like child welfare and juvenile justice.
Opponents of the proposal, such as district attorneys, emphasized concerns about protecting crime victims, especially children who have been sexually assaulted by other children. They argued that the bill’s provisions would undermine prosecutors’ ability to enforce compliance with rehabilitation services. Some lawmakers feared that victims would have to enter the child welfare system to access victims’ services, rather than the criminal justice system, which they believed could be detrimental.
After days of passionate debate and negotiations, the amended bill was introduced in the Senate, gaining significant support and passing by a margin of 31-4. It then returned to the House, where it received approval with a vote of 52-13. Despite compromises made during the legislative process, some supporters of the original proposal deemed the weakened version “shameful.”
Critics, including advocacy group Healthier Colorado, expressed disappointment in the last-minute amendment, asserting that politics had taken precedence over the best interests of children. They argued that community programs could fill the gaps in rehabilitation and victim support. Conversely, opponents questioned the necessity of such legislation in light of rising youth violent crime rates. Prosecutors and victims shared stories of heinous crimes committed by children younger than 13, highlighting the potential risks and challenges associated with the revised bill.
It is important to note that the commitment of children under 13 to juvenile detention centers is extremely rare, as most receive probation with mandatory rehabilitation services. Over the past decade, only four children aged 12 and younger were committed in Colorado. However, numerous children within this age group have been arrested and temporarily detained in juvenile justice facilities while awaiting judicial decisions.
Republicans attempted to delay the bill’s progress during the final days of the legislative session, using filibuster tactics to highlight various crimes that would not result in prosecution if committed by 10-, 11-, or 12-year-olds. Some crimes were subsequently excluded from the final version of the bill.
This marks the second consecutive year that Colorado has been unable to pass the age-raising proposal. Lawmakers have expressed hope for further analysis of data, the development of robust community services, and future opportunities to revisit the issue and potentially raise the age for juvenile prosecution.
Note: The meta description focuses on the key points of the article while providing an overview of the subject matter to enhance search engine visibility.
