A bill introduced in the House Monday seeks to raise the minimum age for criminal prosecution from 10 to 13 years old — reigniting a failed legislative effort from last year.

House Bill 1249 would remove children ages 10-12 from the juvenile court’s jurisdiction and increase the age for prosecution to 13, except when a child is suspected of committing homicide. The bill would also increase the minimum age when a child can be tried as an adult from 12 to 14, and limit charging minors as adults to only in cases of Class 1 or 2 felonies or crimes of violence.

This bill comes after lawmakers tried to make the same changes with House Bill 22-1131 last year. That bill was downgraded to a task force to study potentially raising the age in the future, after the original proposal received strong opposition from both sides of the aisle.

“It’s long past time that we ask the important questions about why children are acting out instead of traumatizing them with arrest, court and detention,” said bill sponsor Rep. Serena Gonzales-gutierrez, D-denver. “We cannot continue to use the same systems that have been proven to be ineffective and expect different results.”

Diverging from last year’s bill, HB 1249 would require local collaborative management programs to support kids 10 to 12 who commit crimes with resources such as therapy or family counseling that are currently mandated and provided through the criminal justice system. For victims of crimes committed by 10- to 12-year-olds, the bill clarifies they can still access victim services and compensation, removing the requirement for a police report to be filed.

These additions address many of the concerns raised by critics of last year’s bill, and align with the recommendations made by the task force studying the potential gaps in services that would come from raising the minimum prosecution age.

These changes earned the bill bipartisan sponsorship, with Republicans Rep. Ryan Armagost of Berthoud and Sen. Cleave Simpson of Alamosa signing on, along with Gonzales-gutierrez and Sen. James Coleman, D-denver. Last year, HB 22-1131 had exclusively Democratic sponsorship and received only two “yes” votes from Republican lawmakers, even after it was rewritten to be a task force.

Armagost, a former law enforcement officer, said the current system “isn’t making kids better or communities safer.”

“This bill is the most surefire way Colorado can meaningfully prevent youth crime and reduce the likelihood that people become victims of a crime,” Armagost said. “I witnessed firsthand how our justice system trains kids for lifelong involvement in criminal behavior. … The status quo has failed at keeping families together and building thoughtful, hardworking young men and women.”

In Colorado, nearly 63% of youth who are detained reoffend within three years of release, according to a 2021 report from the Division of Youth Services. That’s even higher than Colorado’s adult recidivism rate, which is around 50% and one of the highest in the nation.

An average of 525 children ages 10-12 are charged with crimes each year in Colorado, according to state estimates. Of those, around three are charged with felonies, 64 are charged with misdemeanors, 446 are charged with juvenile delinquency, and 12 are charged with traffic offenses. In 2021-22, 63 children under 13 years old were admitted into detention, accounting for 2.4% of new inmates, according to the Colorado Division of Youth Services.

Despite its Republican co-sponsors, the bill is still expected to face opposition from the GOP. House Minority Leader Mike Lynch, R-wellington, said he thinks Armagost is “going to be kind of alone” in his support for the bill among the Republican House Caucus.

“It does not have unanimous support from our side at all,” Lynch said. “As a freshman and as his leader, I told him to make sure he knows what he’s doing. He brings a very personal perspective to this bill and, in that regard, I support him in that effort. But I don’t know that he can count on the caucus as a whole to be on board. … I can’t imagine that it’s changed enough to get my support.”

While the new bill addresses concerns that not criminally charging younger children would prohibit them from accessing needed services and support, it does not address the argument that crimes such as seriously injuring someone, bringing a gun to school, or committing robbery warrant criminal consequences.

Last year, many Republican lawmakers said HB 22-1131 should include an exemption for serious crimes. HB 1249 moves in the opposite direction, only allowing exemptions for homicide, while last year’s bill included exemptions for both homicide and felony sexual assault.

Some external organizations that opposed last year’s bill have also come out against HB 1249.

“The Colorado Association of Chiefs of Police has taken a position to strongly oppose House Bill 1249. While the County Sheriffs of Colorado have not taken a formal position on HB 1249 yet, considering the association’s opposition to last year’s version, CSOC will closely review HB 1249 to understand if any changes can address our members’ concerns that remain from last year,” said Bill Ray, a spokesperson for both groups.

Under the bill, 10- to 12-yearolds could still be taken into temporary custody by law enforcement, but law enforcement would then refer the child to their local collaborative management program. Other professionals including school staff and mandatory reporters could also refer kids to a collaborative management program.

A team from the program would create an individualized plan for every child referred, regarding which services they need. For felony sex offenses, the team would have to meet with the county department of human or social services to develop the plan and determine whether the department will provide special prevention and intervention services or investigate the alleged crime.

The bill would also increase the minimum age to 13 for a child to be charged with a municipal offense by a municipal court; to be charged with misdemeanors or petty offenses by a county court; and, to be held in custody for violating a protection order — though 10- to 12-year-old who violates a protection order must participate in a collaborative management program.

Proponents of the bill argue that young children should not have to experience the trauma and potentially life-altering consequences of an arrest, insisting the criminal justice system doesn’t address root causes of juvenile crime, which they said is often abuse or neglect.

“The justice system has not only proven to be ineffective at preventing crime, it subjects kids to a lifetime of poor mental health outcomes, low graduation rates, increased likelihood of adverse health disparities and poverty,” said Healthier Colorado CEO Jake Williams. “When this bipartisan bill passes, it will be a historic transformation for kids, families, victims and our communities. Colorado will see the benefits for generations to come.”

Arrested children are more likely to be arrested as adults, less likely to graduate high school, more likely to be unemployed and face a higher risk of violence and sexual abuse while in detention, bill sponsors said. One study found that up to 90% of people in the juvenile justice system have experienced trauma, including high rates of physical or sexual abuse.

Children of color are also arrested at disproportionately high rates. In 2021, Black children made up just over 5% of Colorado’s 10- to 17-yearold population, but made up 23.8% of those detained in 2021-22, according to the Colorado Division of Youth Services.