CO Code § 19-2.5-103 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 1 - General Provisions|§ 19-2.5-103. Jurisdiction

  Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings:   Concerning any juvenile ten years of age or older who has violated:   Any federal or state law, except nonfelony state traffic, game and fish, and parks and recreation laws or rules; the offense specified in section 18-13-122, concerning the illegal possession or consumption of ethyl alcohol or marijuana by an underage person or illegal possession of marijuana paraphernalia by an underage person; the offenses specified in section 18-18-406 (5)(b)(I) and (5)(b)(II), concerning marijuana and marijuana concentrate; and the civil infraction in section 18-7-109 (3), concerning exchange of a private image by a juvenile;    Any county or municipal ordinance except traffic ordinances, the penalty for which may be a jail sentence of more than ten days; or    Any lawful order of the court made pursuant to this title 19;       Concerning a juvenile to whom section 19-2.5-802 applies; except that, after filing charges in the juvenile court but prior to the time that the juvenile court conducts a transfer hearing, the district attorney may file the same or different charges against the juvenile by direct filing of an information in the district court or by indictment pursuant to section 19-2.5-801. Upon such filing or indictment in the district court, the juvenile court no longer has jurisdiction over proceedings concerning such charges.       The juvenile court has limited jurisdiction in matters to which section 19-2.5-801 applies.    The fact that a juvenile has been prosecuted or convicted in the county court for a nonfelony violation pursuant to title 42 is not a bar to a subsequent or parallel proceeding pursuant to this title 19 for delinquent acts arising out of the same criminal episode; nor are proceedings pursuant to this title 19 a bar to a subsequent or parallel prosecution in the county court for a nonfelony violation pursuant to title 42 for the same delinquent acts arising from the same criminal episode.    Notwithstanding any other provision of this section to the contrary, the juvenile court may exercise jurisdiction over a juvenile who is under sixteen years of age and who has violated a traffic law or ordinance if the juvenile's case is transferred to the juvenile court from the county court. Such a transfer is subject to approval by the juvenile court.    Notwithstanding any other provision of this section to the contrary, the juvenile court and the county court have concurrent jurisdiction over a juvenile who is under eighteen years of age and who is charged with a violation of section 18-13-122, 18-18-406 (5)(b)(I) and (5)(b)(II), 18-18-428, 18-18-429, 18-18-430, or 42-4-1301; except that, if the juvenile court accepts jurisdiction over such a juvenile, the county court jurisdiction terminates.    The juvenile court may retain jurisdiction over a juvenile until all orders have been fully complied with by such person, or any pending cases have been completed, or the statute of limitations applicable to any offense that may be charged has run, regardless of whether such person has attained the age of eighteen years, and regardless of the age of such person.    This section does not confer any jurisdiction upon the court over a person for any offense committed after the person attains the age of eighteen years.    Notwithstanding any other provision of this section to the contrary, the juvenile court may exercise jurisdiction over a juvenile to determine the legal custody of a juvenile or to appoint a guardian of the person or legal custodian of any child who comes within the juvenile court's jurisdiction pursuant to section 19-1-104.    [ ] If a juvenile is charged with a civil infraction and is not charged with an additional offense that would constitute a criminal offense if charged against an adult, the county court has jurisdiction over the civil infraction.    Editor's note: Subsection (9) is effective March 1, 2022.  History. Source: L. 2021: (1)(a)(I) and (5) amended,(HB 21-1090), ch. 157, p. 901, § 5, effective May 20; entire article added with relocations,(SB 21-059), ch. 136, p. 564, § 2, effective October 1; (9) added,(SB 21-271), ch. 462, p. 3220, § 388, effective March 1, 2022.    Editor's note:    This section is similar to former § 19-2-104 as it existed prior to 2021.    Subsections (1)(a)(I) and (5) were numbered as 19-2-104 (1)(a)(I) and (5) in HB 21-1090 (seeL. 2021, p. 901). Those provisions were harmonized with subsections (1)(a)(I) and (5) of this section as they appear in SB 21-059.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.     ANNOTATION   Law reviews. For article, “Prosecution of Juveniles in Colorado Municipal Courts”, see 21 Colo. Law. 1151 (1992). For article, “New Juvenile Justice Laws Increase Options for Youth”, see 42 Colo. Law. 37 (April 2013).   Annotator's note. Since § 19-2.5-103 is similar to § 19-2-104 as it existed prior to the 2021 amendments relocating repealed article 2 of title 19 to this article 2.5, relevant cases decided under former provisions similar to that section have been included in the annotations to this section.   Age at which acts are committed is determinative factor as to the applicability of the Colorado Children's Code. People in Interest of M.C., 750 P.2d 69 (Colo. App. 1987), aff'd, 774 P.2d 857 (Colo. 1989).   A juvenile's age at the time of an offense is a matter of jurisdiction. People in Interest of P.K., 2015 COA 121 , 411 P.3d 963.   When a range of dates on a delinquency petition charge an offense, both dates must fall within the jurisdiction of the juvenile court. If not, the juvenile court lacks jurisdiction over the delinquency petition and any admission of the petition by the juvenile. People in Interest of P.K., 2015 COA 121 , 411 P.3d 963.   Juvenile court may retain jurisdiction over juvenile who was adjudicated delinquent until any restitution order is fully complied with, even though it may subject him to the court's jurisdiction indefinitely into his adult years. People v. T.R., 860 P.2d 559 (Colo. App. 1993).   This section is inapplicable where there has been no adjudication concerning the petitioner in the juvenile court. Jaramillo v. Dist. Court, 173 Colo. 459 , 480 P.2d 841 (1971).   No new trial where court terminates jurisdiction. A new trial cannot be held upon reversal where the trial court, at a hearing subsequent to its order adjudging respondent a delinquent child, terminated its jurisdiction pursuant to this section. People in Interest of J.S.C. v. J.S.C., 30 Colo. App. 381, 493 P.2d 671 (1972).   Since a person under age 18 can only be charged with an offense in the manner permitted by the Colorado Children's Code, the county court had no jurisdiction to entertain or to dispose of the merits of the proceeding involving an offense alleged against a juvenile and was without authority to go further than merely dismissing the case without prejudice for lack of jurisdiction. People in Interest of C.O., 870 P.2d 1266 (Colo. App. 1994).   Prosecution of juveniles under municipal ordinance does not conflict with Colorado Children's Code and, although municipalities are not prohibited from adopting same procedures as the Children's Code, municipalities are not required to follow such procedures. R.E.N. v. City of Colo. Springs, 823 P.2d 1359 (Colo. 1992).   Colorado Children's Code does not require that juvenile proceedings in municipal courts be civil in nature as Children's Code and ordinances of municipality on juvenile proceedings do not conflict. R.E.N. v. City of Colo. Springs, 823 P.2d 1359 (Colo. 1992).   Intent of general assembly that Colorado Children's Code apply only to juvenile proceedings in juvenile court, and not to municipal court proceedings involving prosecution of juveniles under municipal ordinances. R.E.N. v. City of Colo. Springs, 823 P.2d 1359 (Colo. 1992).   Juvenile court to take judicial notice of municipal ordinances. A court of the juvenile division of the district court should take judicial notice of those municipal ordinances within the contemplation of the juvenile code, when the municipalities are within the judicial district where the juvenile court sits. People v. Hight, 198 Colo. 299 , 599 P.2d 885 (1979).   Juveniles to receive same trial rights as adults. The juvenile court's assumption of jurisdiction carries with it the same trial duties as to juveniles who have violated municipal ordinances, as a municipal court has to adults who violated the same ordinances. People v. Hight, 198 Colo. 299 , 599 P.2d 885 (1979).   Delinquency proceeding and child in need of supervision proceeding compared. In delinquency proceedings, the child stands charged with activity which would constitute a crime if done by an adult. In contrast, a child in need of supervision proceeding determines whether the child is a truant, a runaway, or a danger to himself or others. People in Interest of Y.D.M., 197 Colo. 403 , 593 P.2d 1356 (1979).   Juvenile court lacks exclusive jurisdiction. Where the violation charged is of a municipal ordinance that does not carry a jail sentence, the general assembly has not intended by the Colorado Children's Code to give sole and exclusive jurisdiction to the juvenile court. Wigent v. Shinsato, 43 Colo. App. 83, 601 P.2d 653 (1979).   Application of former subsection (9)(c) (now subsection (4)). Although subsection (9)(c) (now subsection (4)) gives the juvenile court jurisdiction over a traffic offender under 16 years of age whose case has been transferred from county court, this provision obviously does not apply to a 16 year old who holds a valid Colorado driver's license. People v. Maynes, 39 Colo. 153 , 562 P.2d 756 (1977).   The intent of the Colorado Children's Code is to restrict the institution of felony charges in a criminal proceeding against one under 18 years of age. I.R. v. People, 171 Colo. 54 , 464 P.2d 296 (1970); D.W. v. Dist. Court, 193 Colo. 194 , 564 P.2d 949 (1976).   The juvenile court has exclusive original jurisdiction of proceedings concerning any delinquent child, which proceeding is to be distinguished from a true criminal proceeding. People ex rel. Terrell v. Dist. Court, 164 Colo. 437 , 435 P.2d 763 (1967); I.R. v. People, 171 Colo. 54 , 464 P.2d 296 (1970).   It has jurisdiction over a petition in delinquency alleging vehicular homicide, which is not excluded by the Colorado Children's Code as a “traffic offense”. I.R. v. People, 171 Colo. 54 , 464 P.2d 296 (1970).   But not over child leaving home to be married. The mere fact that a minor child left the home of her mother and was taken by respondent to a neighboring state and was married does not show her to be a delinquent under the statute, such as to give the court jurisdiction. Spencer v. People in Interest of Spencer, 133 Colo. 196 , 292 P.2d 971 (1956).   The district court still retains original jurisdiction in all criminal cases. This is so because a delinquency proceeding is not a criminal case. People ex rel. Terrell v. Dist. Court, 164 Colo. 437 , 435 P.2d 763 (1967).   The district attorney may not directly file charges in district court where the identical charges were initially filed in juvenile court and a transfer hearing is pending. J.D.C. v. Dist. Court 18th Jud. Dist., 910 P.2d 684 (Colo. 1996) (decided prior to amendment of subsection (1)(b) specifically authorizing direct filing under such circumstances).   Exception to juvenile court's exclusive jurisdiction in cases where prosecution directly files charges. Under the plain language of subsection (1)(b) of this section and §§ 19-2-517 (2) and 19-2-518 (2) , a prosecutor has discretion to proceed charging alleged juvenile offenders who are eligible to be charged as adults by means of a direct filing in district court until such time as the juvenile court actually conducts a transfer hearing. People v. Pino, 262 P.3d 938 (Colo. App. 2011).   Because the conducting of a transfer hearing is the only event that vests the juvenile court with exclusive jurisdiction and the juvenile court had not conducted a transfer hearing before the prosecution directly filed the information, the district court had jurisdiction. People v. Pino, 262 P.3d 938 (Colo. App. 2011).   When a juvenile is charged in Denver district court as a result of a direct file and the offense that permitted the direct file is dismissed, the Denver district court no longer has subject matter jurisdiction over the additional charge that was not eligible for direct file. The Denver juvenile court has exclusive jurisdiction over that charge. People v. Sandoval, 2016 COA 57 , 383 P.3d 92.   Defendant's conviction in the Denver district court, therefore, is a nullity and must be vacated. People v. Sandoval, 2016 COA 57 , 383 P.3d 92.   Jurisdiction not affected by removing case from docket. A trial court order removing a parental rights termination case from the docket of cases maintained by the court did not affect the court's continuing statutory jurisdiction over the child involved. People in Interest of T.A.F. v. B.F., 624 P.2d 349 (Colo. App. 1980), cert. denied, 454 U.S. 825, 102 S. Ct. 115, 70 L. Ed. 2d 99 (1981).   This section allows the juvenile court's jurisdiction to continue until the juvenile completes any sentence imposed, regardless of whether the juvenile reaches 18 years of age prior to completion of the sentence. Thus, where the 18-year-old defendant escaped while serving a juvenile sentence, he remained under the continuing jurisdiction of the juvenile court and was a “juvenile” for purposes of § 18-8-210.1 , the juvenile custody and confinement statute, and subject to the provisions of § 18-8-208 , the felony escape statute. People v. Young, 908 P.2d 1147 (Colo. App. 1995).   Applied in People in Interest of Maddox v. Dist. Court, 198 Colo. 208 , 597 P.2d 573 (1979).