Colorado Revised Statutes Title 19. Children's Code § 19-2-103. Definitions

For purposes of this article 2:

(1) “Adjudication” is defined in section 19-1-103(2) .

(2) “Basic identification information” is defined in section 19-1-103(12) .

(3) “Commit” is defined in section 19-1-103(24) .

(3.3) “Competent to proceed” means that a juvenile has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding in order to assist in the defense and that he or she has a rational as well as a factual understanding of the proceedings against him or her.

(4) “Cost of care” is defined in section 19-1-103(30) .

(5) “Delinquent act” is defined in section 19-1-103(36) .

(5.5) “Developmental disability” means a disability that is manifested before the person reaches his or her twenty-second birthday, that constitutes a substantial disability to the affected individual, and that is attributable to an intellectual disability or other neurological conditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability.  Unless otherwise specifically stated, the federal definition of “developmental disability”, 42 U.S.C. sec. 15001 et seq., does not apply.

(6) “Diagnostic and evaluation center” is defined in section 19-1-103(41) .

(7) “Estate” is defined in section 19-1-103(47) .

(8) “Gang” is defined in section 19-1-103(52) .

(9) “Halfway house” is defined in section 19-1-103(62) .

(9.5) “Incompetent to proceed” means that, based on an intellectual or developmental disability, mental disability, or lack of mental capacity, a juvenile does not have sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding in order to assist in the defense or that he or she does not have a rational as well as a factual understanding of the proceedings against him or her.

(10) “Juvenile” is defined in section 19-1-103(68) .

(11) “Juvenile community review board” is defined in section 19-1-103(69) .

(12) “Juvenile delinquent” is defined in section 19-1-103(71) .

(12.3) “Mental capacity” means a juvenile's capacity to meet all of the following criteria:

(a) Appreciate the charges or allegations against him or her;

(b) Appreciate the nature of the adversarial process, which includes having a factual and rational understanding of the participants in the proceeding and their roles, including the judge, defense counsel, prosecutor, and, if applicable, the guardian ad litem and the jury;

(c) Appreciate the range and nature of allowable dispositions that may be imposed by the court;

(d) The ability to communicate to counsel information known to the juvenile regarding the allegations against the juvenile, as well as information relevant to the proceeding at issue;  and

(e) Understand and appreciate the right to testify and to voluntarily exercise the right.

(12.4) “Mental disability” means a substantial disorder of thought, mood, perception, or cognitive ability that results in marked functional disability and significantly interferes with adaptive behavior.  “Mental disability” does not include acute intoxication from alcohol or other substances, any condition manifested only by antisocial behavior, or any substance abuse impairment resulting from recent use or withdrawal.  However, substance abuse that results in a long-term, substantial disorder of thought, mood, or cognitive ability may constitute a mental disability.

(12.5) “Office of alternate defense counsel” means the office of alternate defense counsel created and existing pursuant to section 21-2-101, C.R.S .

(12.7) “Office of the state public defender” means the office of state public defender created and existing pursuant to section 21-1-101, C.R.S .

(13) “Receiving center” is defined in section 19-1-103(90) .

(14) “Residential community placement” is defined in section 19-1-103(92) .

(14.3) “Restoration to competency hearing” means a hearing to determine whether a juvenile who has previously been determined to be incompetent to proceed has achieved or is restored to competency.

(15) “Screening team” is defined in section 19-1-103(94.5) .

(16) “Sentencing hearing” is defined in section 19-1-103(95) .

(17) “Staff secure facility” is defined in section 19-1-103(101.5) .

(18) “Training school” is defined in section 19-1-103(109) .


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