CJDC Releases Critique of Decision
Finding Parts of S.B. 181 Unconstitutional
The Colorado General Assembly enacted legislation in 2016 to address the problem of juveniles charged as adults in class one felony cases and sentenced to life with the possibility of parole between 1990 and 2006. Those sentences became unconstitutional after the U.S. Supreme Court issued its decision in Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L.ED.2d 407 (2012). The legislation (Senate Bill 16-181) was in response to the Colorado Supreme Court's frustration in attempting to craft a remedy in the absence of a legislative remedy expressed in People v. Tate, 352 P.3d 959, 977 (Colo. 2015) (Rice, C.J., concurring in part, dissenting in part).
 
Among other things the bill provided an alternative form of sentencing for juveniles convicted of felony murder. If the juvenile could demonstrate extraordinarily mitigating circumstances at resentencing, the sentencing court could impose a determinate sentence in the range of thirty to fifty years.
 
The Arapahoe District Court (Samour, J.) recently issued a decision holding the section of Senate Bill 181 pertaining to resentencing juveniles convicted of felony murder to a determinate sentence to be unconstitutional under the Colorado state constitution's "special legislation" clause (Article V, Sec. 25). People v. Brooks, Arapahoe District Court case number 95CR675 (10/11/17).
 
CJDC released a critique in response to this decision TODAY. Read and download our  full critique HERE.
6th Annual Excellence in
Juvenile Defense Conference

Join us April 26-27, 2018 at the Ralph Carr Judicial Center in Denver
We are partnering with the Office of Alternate Defense Counsel (OADC) and the Colorado Office of the Child's Representative (OCR)  to bring you another two-day, multi- track  
Excellence in Juvenile Defense Conference on April 26th and 27th, 2018!

Session topics will include:
  • Challenging Client's Statements  
  • Competency
  • Defending Juvenile Sex Cases
  • Direct File and Transfer Cases
  • Education Advocacy 
  • Expungement and Deregistration
  • Immigration
  • Implicit Bias
  • Placement Advocacy
  • Raising Race
  • Role of Counsel
Early bird registration opens November 15, stay tuned for more details!
CJDC Community Survey Results

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Last month we asked for your feedback and we were flooded with responses!  Thank you to everyone who participated in our 2017 CJDC Community Survey.

You told us that being part of an advocacy community, policy advocacy/reform, and resources/training were the most beneficial parts of our work. We promise to keep the advocacy community alive and to continue publishing resources and hosting trainings relevant to you.

You asked, we listened!  Survey responses indicated that the CJDC community wants more opportunities to volunteer and get involved, more direct services/representation, and more community outreach and awareness-raising.  We are working hard to incorporate all of these as we develop new programs and policy initiatives for 2018. 

You also identified several issues that are top priorities for policy reform in Colorado including  Restorative Justice; School Discipline; Detention Practices in Juvenile Facilities; Disproportionate Minority Contact; Record Expungement and Deregistration;
Police Procedures; Competency and Mental Health;  Educational Rights and Advocacy.  

Are you a zealous advocate for any of these issues?  Please consider joining our Policy Committee to work with the Colorado legislature in 2018 and help us advocate for juvenile justice policy reform.  Interested?  Reach out by sending us an email at admin@cjdc.org.
Help Support CJDC on #GivingTuesday
#GivingTuesday is a global day of giving fueled by the power of social media and collaboration.

Celebrated on the Tuesday following Thanksgiving and the widely recognized shopping events Black Friday and Cyber Monday, #GivingTuesday kicks off the charitable season, when many focus on their holiday and end-of-year giving.

Help support CJDC on #GivingTuesday with a donation
CJDC Visits Albuquerque, New Mexico 
(L) Lindy Frolich, CJDC Vice-Chair (C) Stacie Colling, Access to Justice Advisory Board Member and (R) Amanda Butler, CJDC Program Manager attend NJDC Summit

In October, CJDC spent a week in Albuquerque working on the Access to Juvenile Justice: Rural & Tribal Southwest Project and attending the National Juvenile Defender Center's  2017 Juvenile Defender Leadership Summit.

Housed at CJDC, the Access to Juvenile Justice: Rural and Tribal Southwest Project is a grant program funded by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) designed to study juvenile defense representation in rural, remote, tribal, and underserved areas in Colorado, Utah, Arizona, Texas, Oklahoma, and New Mexico (Southwest region).  On October 19, the project's Advisory Board, comprised of members from each state in the Southwest and Tribal members from across the region met to plan for training and technical assistance, partnerships, reports, and programs for the final year of the project.  CJDC thanks our Access to Justice Advisory Board for their continued support, hard work, and commitment to this project.  To learn more about this program, visit us online HERE.  

CJDC's Board of Directors Vice-Chair, Lindy Frolich and Program Manager, Amanda Butler also participated in the 21st Annual Juvenile Defender Leadership Summit on October 20, 21, and 22.  Each year, NJDC hosts a three-day conference where leaders in the juvenile defense community have the opportunity to attend myriad training sessions, network with leaders from across the country, and work with their regional centers to set priorities for the next year.  We were lucky to have Summit so close to us this year and have CJDC staff and board participate.  If you missed Summit, but would like to download the training materials and resource guide, you can access them online HERE.

(L) Vincent Barraza and (R) James Simermeyer, Access to Justice Advisory Board Members 


(L) Amanda Butler, Program Manager and (R) Neomi Gilmore, Advisory Board Member at Access to Justice Meeting


(L) Chris Phillis and (R) Ellen Marrus, Co-Directors of SWJDC and Access to Justice Advisory Board Members
(L) Pam Vickrey (C) Cynthia Aragon and (L) Stacie Colling at the Access to Justice Advisory Board meeting
CJDC is Developing an Amicus Support List
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At CJDC, we want to support front-line juvenile defenders in every way we can, including support at the appellate level via amicus briefs.  We are developing a list of volunteer attorneys in Colorado who are interested and available to help CJDC write amicus briefs as they are needed.

If you are interested in volunteering with CJDC and want to be included on our Amicus Support List, please send us an email ( admin@cjdc.org) with your contact information, your areas of expertise, and a writing sample.

If you could use CJDC's support via amicus brief, please reach out via email at admin@cjdc.org or phone at 303.435.7232
Community Events and Training

CJJ Virtual Youth Summit 2017

November 11, 2017
10:00am-2:00pm
Register HERE

This virtual gathering will enable individuals ages 24 and younger to gather remotely, regardless of location, to engage in a conversation with their peers. Learn more about juvenile justice, what it is, and how to get engaged. Join the CJJ and explore ways young people can collaborate and lead juvenile justice reform. 

Human Trafficking: Inside the Survivor's Mind Webinar

November 15, 2017
12:00-1:15pm
Register HERE

Look at a survivor's police record to show the invisible signs of trafficking. Review and understand the mind of a survivor, describe complex PTSD and why a survivor does not run from her trafficker, understand how resilience helps in recovery, and review what the recovery process looks like.

Family and Youth Engagement in School-Justice Partnerships Webinar

November 28, 2017
10:00-11:30am 
Learn more HERE

This webinar will highlight the need for authentic family and youth engagement in School-Justice Partnership work, with an emphasis on the challenge of engaging parents, other caregivers, and youth in diversion opportunities that address behavioral health needs. Excerpts from a new podcast series called "Strategies to Build Family and Youth Engagement in School Responder Models" will be shared, elevating the family and youth perspectives on engagement and highlighting strategies that have been successful in practice. 

Persuasive & Effective Trial Skills

November 29, 2017
12:30-5:00pm or 5:00-9:30pm
Learn more HERE

At this training, participants will learn how to develop the theory & organize from pre-trial to closing; Pozner's chapter method of cross; how to find and maximize your style and use a notebook; how to plant seeds during voir dire and build credibility.

2018 CJJ Annual Conference - Workshop Proposals

Due: Jan 12, 2018
Application available HERE

CJJ is accepting workshop proposals for its annual conference, " At The Intersections: How Federal, State, and Local Partners Can Work Together to Improve Juvenile Justice ". The event will be held June 27-30th, 2018 in Washington D.C. 

Natl. Summit on Youth Homelessness

March 19-20, 2018
Hyatt Regency Capitol Hill
Learn more HERE

The National Summit on Youth Homelessness will be held in Washington, DC in March . This event focuses exclusively on how government agencies, policymakers, community leaders, service providers and other experts can partner together to prevent and respond to youth homelessness.
Resources & Juvenile Justice in the News

Stay up to date with these resources and recent headlines on juvenile justice issues, policy, programs, and reform in the news.
 
"The Council of State Governments Justice Center has been hard at work creating a website meant to expand access to record clearing.  The site has numerous goals, including: (1) summarizing record clearing law for each state, to assist new advocates and laypeople; (2) providing advocates with legal and other resources; and (3) identifying organization at which people with records can seek advice and representation." 

"From 1990 to 2016, juvenile arrest rates declined by 73 percent nationally, including large declines in all reporting states. Arrests for violent offenses plunged by two-thirds. Homicide arrests of youth decreased from nearly 4,000 per year in the early 1990s to under 900 in 2016. Twenty of the 35 reporting states - including California, Texas, New Jersey, and Michigan - saw youth homicide arrests plunge 75 percent or more."

"Captured Words/Free Thoughts offers testimony from America's prisons and prison-impacted communities. This issue includes poems, stories, letters, essays, and art made by those incarcerated in California, Colorado, Indiana, New Jersey, North Carolina, Texas, and Washington." Many of the pieces in this volume were part of a program through CU Denver that works inside the Denver Reception and Diagnostics Center, the Colorado Correctional Center, the Denver Women's Correctional Facility; and the Colorado Division of Youth Services.

Teen Vogue has been publishing a series on youth incarceration in the United States throughout October for National Youth Justice Awareness Month. Teen-friendly articles in this series range from "How the School-to-Prison Pipeline Works" to "Why Some Colleges Can't Ask About Students' Criminal History Anymore" and beyond.  

"There are more than 200,000 women and girls incarcerated nationwide, a number that has increased by  more than 700 percent since 1980 . Men still make up the vast majority of inmates, but women in prison face unique challenges. Most are mothers. Prisons limit or charge money for basics  like tampons and pads . Women are also more likely to be sexually assaulted, particularly by guards." Listen to stories from women and girls who have directly impacted by our justice system.

"The media plays a large role in influencing the public discourse on critical topics like race, youth justice, mass incarceration and the school-to-prison pipeline. 
In cities across the country we've seen regressive youth justice and education policy shifts driven in part due to media narratives that criminalize black and brown youth. In order to advance positive outcomes for youth, and ensure youth of color are not targeted, organizers and advocates must counter these narratives by building relationships with the media and ensuring accurate reporting.  In this vein, this toolkit aims to provide advocates guidance on how to identify harmful media narratives, build relationships with media professionals, and hold the media accountable for its reporting."

"T he Office of the Independent Monitor ("OIM") released its 2017 Semiannual Report to the public. The OIM is charged with monitoring the disciplinary systems in the Denver Police and Denver Sheriff Departments ("DPD" and "DSD," respectively), making policy recommendations to those departments, and conducting outreach to communities throughout Denver.  By ordinance, the OIM is to report to the public each year on the work of the OIM, as well as information about complaints, investigations, and discipline of sworn police and sheriff personnel."

Raising the Bar: State Trends on Keeping Youth Out of Adult Courts
" Raising the Bar: State Trends in Keeping Youth Out of Adult Courts (2015-2017)  is the fourth edition of our State Trends Report in which we take a look at states that have blocked pathways of children into the adult criminal justice system. This report aims to be a helpful resource as you join or continue your work in the youth justice movement. Now more than ever, our country's children need the supportive, bipartisan, and collaborative effort of their peers, their families, and their communities."


"The Restoration of Rights Project is an online resource containing detailed state-by-state analyses of the law and practice in each U.S. jurisdiction relating to restoration of rights and status following arrest or conviction. Jurisdictional "profiles" cover areas such as loss and restoration of civil rights and firearms rights, judicial and executive mechanisms for avoiding or mitigating collateral consequences, and provisions addressing nondiscrimination in employment and licensing. In addition to the jurisdictional profiles, Project materials include a set of 50-state comparison charts that make it possible to see national patterns in restoration laws and policies, and summaries that provide a snapshot of available relief in each state. These summaries constitute the heart of this report, and two of the 50-state charts are also included in appendices."

"This Technical Assistance Bulletin (TAB) from the National Center for Mental Health and Juvenile Justice and the National Council of Juvenile and Family Court Judges, with support from the Office of Juvenile Justice and Delinquency Prevention, provides the steps necessary to implement a School Responder Model in order to keep kids with behavioral health needs in school and out of court."


"Since 2001, Native disparities have grown worse while Latino disparities are essentially unchanged. (Latino data should be viewed with caution due to limitations and variation in collection of Latino data throughout the justice system. In some states there is likely an undercount of Latinos, who are labeled as white, reducing the reported rate of ethnic disparity. In other states, improvements in the collection of Latino data between 2001 and 2015 implies worsening ethnic disparities though actually reflecting growing accuracy of data.)
 
These fact sheets separate out placement rates for Latino and Native youth compared to white youth by state and show how your state's disparities have changed since 2001. Data for Native youth are grouped by region due to the small numbers of Latino youth in many states."

"Communities of color have a long-standing history of inequitable treatment by the police in the U.S. In recent years, activists with the Black Lives Matter movement have helped to raise the profile of the destructive treatment of the black community by law enforcement, which includes a long line of police shootings of youth of color - Michael Brown, Jordan Edwards, Jessica Hernandez, Ty're King, Laquan McDonald, Tamir Rice, Jesse Romero, Stephen Watts - and many more. While these incidents are nothing new, the ubiquitous use of cell phone cameras is now thrusting them into the public's eye. It is past time to change how police interact with black and brown youth."

"There are few more controversial or politically charged topics than parenting. Advice columns and radio/television shows abound providing tips on the best way to raise children. Parenting, especially in this day and age of social media, when every move is constantly scrutinized, has become a touchy subject.  In the arena of juvenile justice, however, parenting has long been considered an important focus of intervention.  The relationship between parenting styles and behavior is one of the most researched in all of criminology and crime prevention."
NEW 3rd Edition Colorado
Juvenile Defense Manual

In 2013, we published the first  Colorado Juvenile Defense Manual which included 26 chapters on topics ranging from first appearance to school interrogations to special education. In 2015, we added 129 pages of information, including new chapters on expungement, sex offender registration and deregistration, and school discipline cases. We are updating the manual once again!
 
Pre-order your copy starting November 15!
Free Training & Technical Support 

As a Training and Technical Assistance (TTA) provider for the Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP), CJDC is acting as a regional resource center for juvenile defenders.  

If you are looking for training support, have a training need in your area, or in need of assistance in developing specialized CLE offerings for juvenile defense counsel, you can request assistance through OJJDP's TTA program HERE.
Editor's Note - Correction to " Keeping Colorado Kids in Custody Safe" Article  

Last month, we published an article titled "Keeping Colorado Kids in Custody Safe."  The last paragraph in that article inaccurately indicated that El Pueblo Boys and Girls Ranch was a Division of Youth Services facility. 

El Pueblo Boys and Girls Ranch is a private, non-profit residential care facility that serves at-risk children and youth. It is not a state-run facility. CDHS' relationship with El Pueblo is solely in a licensing capacity. The Division of Youth Services has not had a youth at El Pueblo Boys and Girls Ranch since May 2009. The Division does not have a contract with or any oversight of El Pueblo Boys and Girls Ranch.