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Case Highlight and How the Youthful Offender System Works in Colorado

Understanding the Youthful Offender System (YOS)

For young adults convicted of violent felonies in Colorado, there is an alternative to serving time in the standard adult prison system - the Youthful Offender System (YOS). 

**CASE HIGHLIGHT**

We recently had a client facing decades in prison on very serious charges, to include several counts of attempted murder - extreme indifference (a class 2 felony), and aggravated robbery with a deadly weapon (a class 3 felony). When our firm got on the case the offer from the district attorney was to serve more than 30 years in prison. After intense rounds of negotiations and additional investigation, our client was offered a 4 year sentence to YOS with suspended prison time upon successful completion of the program. This was a tremendous result for our client, and one that would not be possible without the experience of our criminal defense attorneys Adam Tucker and Grant Grosgebauer. 

This article will break down many of the common questions surrounding the YOS program, from what the program is, to who is eligible, and provide helpful information for anyone facing serious felony charges as as juvenile or young adult. 

What is the Youthful Offender System?

The YOS is a specialized medium-security detention facility located in Pueblo, Colorado. It focuses on rehabilitation over punishment through education, counseling, and vocational training rather than a purely punitive environment.

The Youthful Offender System (YOS) was established as a result of legislation enacted in the 1993 Special Session of the Colorado Legislature. YOS is a Colorado Department of Correction’s facility designed as a comprehensive model that delivers habilitation programs and services that prepare individuals for successful re-entry while providing for public safety. The Youthful Offender System delivers a four-part continuum of services: Orientation and Training Phase (OTP), Phase I (institutional); Phase II (pre-release); and Phase III (community supervision) all of which are administered by the Division of Prisons. 

The Youthful Offender System holds a unique and distinct place in the State’s correctional system.

According to recent reports, around 75% of offenders sentenced to YOS will complete the program successfully.

Compared to adult prisons, the Youthful Offender System has significantly lower recidivism rates. However, completing the intensive program is known to be very challenging.

For more information, reference Colorado Revised Statute 18-1.3-407. 

Who Is Eligible for YOS?

Only offenders between 14-19 years old convicted of eligible violent felonies and crimes of violence like assault, robbery or murder can potentially receive a YOS sentence at the judge's discretion. Those with juvenile offenses or Class 1 felonies are ineligible.

Further, while a criminal case can take sometimes years to resolve, YOS can admit offenders up to 24 years old.

That said, bed space is limited to 256 people, so each offender must be approved by the warden of the facility before admittance.

Key Differences in a YOS Sentence

A YOS sentence differs from a standard conviction in several ways:
  • The judge suspends the typical jail sentence
  • YOS terms are shorter determinate sentences (2-7 years max)
  • No time is credited for time served pre-sentencing
  • The adult felony remains on the offender's record after YOS completion
While a YOS sentence may seem more favorable upfront compared to a lengthy prison term, failure to complete the program will result in having to serve the originally suspended sentence.

Effective Advocacy Is Critical

Receiving a Youthful Offender System placement requires an in-depth understanding of Colorado's complex sentencing laws and judicial system. Our skilled attorneys meticulously examine every case to identify all potential alternatives and sentencing options for young clients.

Don't risk your freedom with an overly punitive sentence. Allow the Tucker Legal Group's expertise to guide you through Colorado's Youthful Offender System. Contact us for a consultation.
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