Representative Claire Levy says she supports the language of a proposed community corrections referendum posted by Joe Boven at the Colorado Independent this week According to Levy, “It’s a legal fiction that [juveniles] are adult[s]. In [trying them as an adult] you’re taking away the opportunity for them to show that they matured and learned and can have a second chance.”

The referendum, as proposed, would read:

Be it Enacted by the People of the State of Colorado:

SECTION 1. 19-2-102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

19-2-102. Legislative declaration. (3) It is the intent of the people of this state that the juvenile justice system shall at all times seek to balance the preservation of public safety with the interests of rehabilitating juvenile offenders and reducing rates of recidivism among juvenile offenders. The people of this state find and declare that public safety is enhanced and the public interest is best served through the administration of corrections programs designed to assist juvenile offenders in overcoming the factors that contributed to their criminal behavior and in developing the skills that will enable them to become productive members of society.

SECTION 2. 18-1.3-301 (2) (b) (III), Colorado Revised Statutes, is amended, and the said 18-1.3-301 (2) (b) is further amended BY THE ADDITION OF A NEW SUB-PARAGRAPH, to read:

18-1.3-301. Authority to place offenders in community corrections programs. (2) (b) (III). Any offender who has displayed acceptable institutional behavior one hundred eighty days prior to such offender’s parole eligibility date.

(IV). Any offender sentenced pursuant to section 19-2-517 (3) (a) (I), C.R.S., or section 19-2-518 (1) (d) (I), C.R.S., and who has displayed acceptable institutional behavior, upon attaining thirty years of age.

SECTION 3. Effective Date. The effective date of this act shall be January 1, 2011.