Judges: J.D. MacFARLANE, Attorney General
Filed Date: 3/26/1980
Status: Precedential
Modified Date: 7/5/2016
Honorable Richard D. Lamm Governor of the State of Colorado Executive Chambers 136 State Capitol Building Denver, Colorado 80203
Dear Governor Lamm:
Your request for my opinion was received on February 27, 1980.
QUESTION PRESENTED AND CONCLUSION
Your question is whether S.B. 117 (1980 Sess.) is on the Governor's Call.
My answer is "yes."
ANALYSIS
S.B. 117 is entitled, "Concerning the Deinstitutionalization of Juvenile Offenders." As amended on second reading in the House of Representatives, section 1 of S.B. 117 extends the coverage of C.R.S. 1973,
Sections 2 and 3 of the bill would make section
Turning to the question of whether S.B. 117 is on the Call, it is helpful to refer to my opinion to you dated February 7, 1980 regarding S.B. 20 (1980 Sess.). In that case, a very narrow call item (item 40 of the January 11, 1980 Call) addressed the exemption of first home mortgage loans from the Uniform Consumer Credit Code and it was my opinion that S.B. 20 was not within the item. However, S.B. 20 was clearly within another, very general call item entitled "Concerning housing." Accordingly, I concluded that S.B. 20 was on the Call, with the caveat that it was a close question because of the lack of legal precedent.
The first call item relevant S.B. 117 is item 132 on the January 11, 1980 call, which states:
Concerning the deinstitutionalization of juvenile offenders.
The term "deinstitutionalization" is neither used nor defined in Colorado statutes. The term is sometimes used to refer to programs financed under the federal Juvenile Delinquency Prevention and Control Act,
Webster's Third International Dictionary (1971 ed.) defines "institutionalize" as "to place in or commit to the care of a specialized institution (as for the insane, alcoholics, epileptics, delinquent youth, or the aged)." The prefix "de-" is defined as to "do the opposite of: reverse (a specified action)."
The legal test is whether S.B. 117 has a "rational nexus" to item 132. People v. Larkin,
That item is item 6 on the January 2, 1980 call, which reads:
Concerning the confinement and treatment of criminal offenders and persons found not guilty by reason of insanity.
Juveniles are not normally considered to be criminal offenders but, as discussed above, juveniles are treated as adult offenders for game and fish violations and traffic offenses. Further, juveniles over 16 years of age, which is the age group addressed in section 1 of the bill, also are treated as adult offenders under certain circumstances. C.R.S. 1973,
SUMMARY
It is my opinion that S.B. 117, as amended on second reading in the House of Representatives, is within the Governor's Call.
Very truly yours
J.D. MacFARLANE Attorney General
GOVERNOR
LEGISLATIVE BILLS
JUVENILES
S.B. 117 (1980)
C.R.S. 1973,
Colo. Const. art.
EXECUTIVE BRANCH
Governor, Office of
LEGISLATIVE BRANCH
General Assembly
S.B. 117 (1980 Session) was within item 6 on the Governor's January 2, 1980 Call although it was not within item 132 on the January 11, 1980 call.