reglab/housing_qa huggingface dataset:
CO Code § 19-2.5-611 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 6 - Court Proceedings|§ 19-2.5-611. Contempt - Warrant - Legislative Declaration

  Except as otherwise set forth in subsection (3) of this section, any person summoned or required to appear pursuant to section 19-2.5-501 who has acknowledged service and fails to appear without reasonable cause may be proceeded against for contempt of court.    If after reasonable effort the summons cannot be served or if the welfare of the juvenile requires that the juvenile be brought immediately into the custody of the court, a bench warrant may be issued for the parents, guardian, or other legal custodian or for the juvenile.      When a parent or other person who signed a written promise to appear and bring the juvenile to court or who has waived or acknowledged service fails to appear with the juvenile on the date set by the court, a bench warrant may be issued for the parent or other person, the juvenile, or both.    Whenever a parent or guardian or person with whom the juvenile resides, if other than the parent or guardian, who has received a summons to appear fails, without good cause, to appear on any other date set by the court, a bench warrant must be issued for the parent, guardian, or person with whom the juvenile resides, and the parent, guardian, or person with whom the juvenile resides is subject to contempt.    For purposes of this subsection (3), good cause for failing to appear includes but is not limited to a situation where a parent or guardian:   Does not have physical custody of the juvenile and resides outside of Colorado;    Has physical custody of the juvenile but resides outside of Colorado and appearing in court will result in undue hardship to the parent or guardian; or    Resides in Colorado but is outside of the state at the time of the juvenile proceeding for reasons other than avoiding appearance before the court and appearing in court will result in undue hardship to the parent or guardian.       The nonappearance of the parent, guardian, or person with whom the juvenile resides is not the basis for a continuance.    This subsection (3) is not applicable to any proceeding in a case that has been transferred to the district court pursuant to section 19-2.5-802.    The general assembly declares that every parent or guardian whose juvenile is the subject of a juvenile proceeding pursuant to this article 2.5 shall attend any such proceeding.    Nothing in this subsection (3) creates a right for any juvenile to have the juvenile's parent or guardian present at any proceeding at which the juvenile is present.         History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 607, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-515 as it existed prior to 2021.
CO Code § 19-2.5-701 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 7 - Competency to Proceed|§ 19-2.5-701. Legislative Declaration

  The general assembly finds and declares that:   The juvenile justice system is civil in nature and focused on rehabilitation rather than punishment;    Juveniles differ in significant and substantive ways from adults; therefore, different standards for competency are necessary for juveniles and adults; and    Notwithstanding the differences between adults and juveniles, age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.        History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 610, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-1300.2 as it existed prior to 2021.
CO Code § 19-2.5-702 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 7 - Competency to Proceed|§ 19-2.5-702. Incompetent to Proceed - Effect - How and When Raised

  This part 7 applies only to proceedings brought pursuant to this title 19.    A juvenile must not be tried or sentenced if the juvenile is incompetent to proceed, as defined in section 19-2.5-102, at that stage of the proceedings. Juveniles, like adults, are presumed competent to proceed, as defined in section 19-2.5-102, until such time as they are found incompetent to proceed through a decision by the court. A determination of competency must include an evaluation of intellectual and developmental disabilities, mental health disorders, and mental capacity. Age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.    When a party specified in this subsection (3) has reason to believe that a juvenile is incompetent to proceed in a delinquency action, the party shall raise the question of the juvenile's competency in the following manner:   On its own motion, the court shall suspend the proceeding and determine the competency or incompetency of the juvenile pursuant to section 19-2.5-703;    By motion of the prosecution, probation officer, guardian ad litem, or defense, made in advance of the commencement of the particular proceeding. The motion may be filed after the commencement of the proceeding if, for good cause shown, the juvenile's mental health was unknown or unapparent before the commencement of the proceeding.    By the juvenile's parent or legal guardian.       If the issue of competency is raised at the time charges are filed or at any time thereafter and the juvenile is not represented by counsel, the court may immediately appoint counsel and may also appoint a guardian ad litem to ensure the best interests of the juvenile are addressed in accordance with existing law.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 610, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-1301 as it existed prior to 2021.   ANNOTATION   Version of subsection (1) prior to the 2018 amendment is not unconstitutional because it applied the definition of “incompetent to proceed” for adults in criminal proceedings to juveniles. People in Interest of A.C.E-D., 2018 COA 157 , 433 P.3d 153 (decided under former law).
CO Code § 19-2.5-705 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 7 - Competency to Proceed|§ 19-2.5-705. Restoration to Competency Hearing

  The court may order a restoration to competency hearing, as defined in section 19-2.5-102, at any time on its own motion, on motion of the prosecuting attorney, or on motion of the juvenile. The court shall order a restoration of competency hearing if a competency evaluator with the qualifications described in section 19-2.5-703 (4)(b) files a report certifying that the juvenile is competent to proceed.    At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by a preponderance of the evidence is on the party asserting that the juvenile is competent.    At the restoration to competency hearing, the court shall determine whether the juvenile has achieved or is restored to competency.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 613, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-1304 as it existed prior to 2021.   ANNOTATION   The court cannot order a subsequent competency evaluation pursuant to this section or § 19-2-1303 . After a preliminary competency evaluation and a juvenile has begun receiving restoration services, the court may determine only whether a juvenile has been restored to competency at either a restoration hearing conducted pursuant to this section or during a restoration review conducted pursuant to § 19-2-1303 . People in Interest of B.B.A.M., 2019 CO 103, 453 P.3d 1161 (decided under former law).
CO Code § 19-2.5-706 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 7 - Competency to Proceed|§ 19-2.5-706. Procedure After Restoration to Competency Hearing

  If a juvenile is found to have achieved or been restored to competency after a restoration to competency hearing, pursuant to section 19-2.5-705, or by the court during a review, pursuant to section 19-2.5-704 (2), the court shall resume or recommence the trial or sentencing proceeding or order the sentence carried out. The court may credit any time the juvenile spent in confinement or detention while incompetent to proceed against any term of commitment imposed after achievement of or restoration to competency.    If the court determines that the juvenile remains incompetent to proceed and the delinquency petition is not dismissed, the court may continue or modify any orders entered at the time of the original determination of incompetency or enter any new order necessary to facilitate the juvenile's achievement of or restoration to competency.    Evidence obtained during a competency evaluation or during treatment related to the juvenile's competency or incompetency and the determination as to the juvenile's competency or incompetency are not admissible on the issues raised by a plea of not guilty.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 614, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-1305 as it existed prior to 2021.
CO Code § 19-2.5-901 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 9 - Adjudicatory Proceedings|§ 19-2.5-901. Informal Adjustment

  The district attorney may request of the court at any time, either before, during, or after the filing of a petition, that the matter be handled as an informal adjustment if:   The juvenile and the juvenile's parents, guardian, or legal custodian have been informed of their constitutional and legal rights, including the right to have counsel at every stage of the proceedings;    There are sufficient facts to establish the court's jurisdiction; and    The juvenile and the juvenile's parents, guardian, or legal custodian have waived the right to a speedy trial.       An informal adjustment must be for an initial period of no longer than six months. One additional extension of up to six months may be ordered by the court upon showing of good cause.    During any informal adjustment, the court may place the juvenile under the supervision of the probation department or other designated agency. The court may require further conditions of conduct, as requested by the district attorney, probation department, or designated agency.    A juvenile shall not be granted an informal adjustment if the juvenile has been adjudicated a juvenile delinquent within the preceding twelve months, has had a prior deferred adjudication, or has had an informal adjustment granted within the preceding twelve months.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 622, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-703 as it existed prior to 2021.
CO Code § 19-2.5-902 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 9 - Adjudicatory Proceedings|§ 19-2.5-902. Entry of Plea

  Upon the entry of a plea of not guilty to the allegations contained in the petition, the court shall set the matter for an adjudicatory trial. Except as set forth in section 19-2.5-610, the court shall hold the adjudicatory trial within sixty days after the entry of a plea of not guilty.    Upon the entry of a plea of guilty to one or more of the allegations contained in the petition, the court shall advise the juvenile in accordance with rule 3 of the Colorado rules of juvenile procedure. The advisement must include the possibility of restorative justice practices, including victim-offender conferences if restorative justice practices are available in the jurisdiction. The advisement regarding restorative justice practices does not establish any right to restorative justice practices on the juvenile's behalf.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 622, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-708 as it existed prior to 2021.   ANNOTATION   Failure to request dismissal on speedy trial grounds before the beginning of adjudicatory trial will result in the waiver of speedy trial rights under this section. People ex rel. J.M.N., 39 P.3d 1261 (Colo. App. 2001) (decided under former law).
CO Code § 19-2.5-904 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 9 - Adjudicatory Proceedings|§ 19-2.5-904. Speedy Trial - Procedural Schedule

  The juvenile's right to a speedy trial is governed by section 18-1-405 and rule 48(b) of the Colorado rules of criminal procedure.    In bringing an adjudicatory action against a juvenile pursuant to this article 2.5, the district attorney and the court shall comply with the deadlines for:   Holding the detention hearing, as specified in section 19-2.5-305 (3)(a)(I);    Filing the petition, as specified in section 19-2.5-305 (3)(a)(IX);    Setting the first appearance, as specified in section 19-2.5-501 (4); and    Holding the adjudicatory trial, as specified in section 19-2.5-902 (1).       The court may grant a continuance with regard to any of the deadlines specified in subsection (2) of this section upon making a finding of good cause.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 623, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-108 as it existed prior to 2021.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   This section incorporates the speedy trial tolling and enforcement provisions of § 18-1-405 , at least to the extent that those provisions are not inconsistent with the more specific 60-day and “good cause” continuance provisions of this section. People ex rel. J.M.N., 39 P.3d 1261 (Colo. App. 2001).   Since a juvenile's right to speedy trial is governed by § 18-1-405 , the right is waived when the juvenile, through counsel, affirmatively accepts a trial date beyond the 60-day period provided in § 19-2-509 when the juvenile is detained without bail. People in Interest of G.W.R., 943 P.2d 466 (Colo. App. 1996).
CO Code § 19-2.5-905 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 9 - Adjudicatory Proceedings|§ 19-2.5-905. Evidentiary Considerations

  All statutes and rules of this state that apply to evidentiary considerations in adult criminal proceedings apply to proceedings pursuant to this title 19 except as otherwise specifically provided.    In any case brought pursuant to this title 19, the credibility of any witness may be challenged because of the witness's prior adult felony convictions and juvenile felony adjudications. The fact of such conviction or adjudication may be proved either by the witness through testimony or by other competent evidence.    Prior to the juvenile resting the juvenile's case, the trial court shall advise the juvenile outside the presence of the jury that:   The juvenile has a right to testify in the juvenile's own behalf;    If the juvenile wants to testify, no one, including the juvenile's attorney, can prevent the juvenile from doing so;    If the juvenile testifies, the prosecutor will be allowed to cross-examine the juvenile;    If the juvenile has been convicted or adjudicated for a felony, the prosecutor is entitled to ask the juvenile about it and thereby disclose it to the jury;    If a felony conviction or adjudication is disclosed to the jury, the jury can be instructed to consider it only as it bears upon the juvenile's credibility;    The juvenile has a right not to testify and that, if the juvenile does not testify, the jury must be instructed about such right.        History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 624, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-802 as it existed prior to 2021.   ANNOTATION   Annotator's note. The following annotations include a case decided under former provisions similar to this section.   Evidentiary provisions of the Colorado Children's Code are no longer applicable once case is transferred to district court. Trial court erred in ruling that if defendant were to testify in his own defense in district court, his prior juvenile adjudication may be used to impeach him. People v. Armand, 873 P.2d 7 (Colo. App. 1993).   Serious constitutional concerns would result if district court were to apply the provisions of the Colorado Children's Code to a case that was first initiated under the code and then transferred to district court. Adult could not be impeached with a juvenile adjudication but juvenile tried as an adult could. People v. Armand, 873 P.2d 7 (Colo. App. 1993).   The provisions of the Colorado Code of Criminal Procedure, articles 1 to 13 of title 16, do not apply to the Colorado Children's Code unless expressly indicated in the Criminal Procedure Code. This section does not conflict with § 16-1-102 . In re People in Interest of A.A., 2013 CO 65, 312 P.3d 1170.
CO Code § 19-2.5-906 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 9 - Adjudicatory Proceedings|§ 19-2.5-906. Admissibility of Evidence - Legislative Declaration - Definitions

  It is the intent of the general assembly that, when evidence is sought to be excluded from the trier of fact in a delinquency proceeding because of the conduct of a peace officer leading to its discovery, such evidence should not be suppressed if otherwise admissible when the proponent of the evidence can show that the conduct in question was taken in a reasonable, good-faith belief that it was proper. It is further declared to be the general assembly's intent to identify the characteristics of admissible evidence and not to address or attempt to prescribe court procedure.    For purposes of this section:   “Good-faith mistake” means a reasonable error of judgment concerning the existence of facts or law that, if true, would be sufficient to constitute probable cause.    “Peace officer” has the meaning set forth in section 16-2.5-101.    “Technical violation” means a reasonable, good-faith reliance upon a statute that is later ruled unconstitutional, a warrant that is later invalidated due to a good-faith mistake, or a court precedent that is later overruled.       The court shall not suppress evidence sought to be excluded in a delinquency proceeding because of the conduct of the peace officer leading to its discovery if the court finds that the evidence was seized by the peace officer as a result of a good-faith mistake or a technical violation and the evidence is otherwise admissible.    The court shall not supress in a delinquency proceeding evidence that is obtained as a result of a confession voluntarily made in a noncustodial setting if the evidence is otherwise admissible.    It is prima facie evidence that the conduct of the peace officer was taken in the reasonable good-faith belief that it was proper if there is a showing that the evidence was obtained pursuant to and within the scope of a warrant, unless the warrant was obtained through intentional and material misrepresentation.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 624, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-803 as it existed prior to 2021.   ANNOTATION   Former subsection (4) of this section and former § 19-2-506 contain proper test to measure validity of consent to search given by juvenile in noncustodial setting. People in Interest of S.J., 778 P.2d 1384 (Colo. 1989) (decided under former law).
CO Code § 19-2.5-908 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 9 - Adjudicatory Proceedings|§ 19-2.5-908. Method of Jury Selection

 Examination and selection of jurors are governed by rule 47 of the Colorado rules of civil procedure; except that challenges for cause are governed by rule 24 of the Colorado rules of criminal procedure.   History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 625, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-805 as it existed prior to 2021.
CO Code § 19-2.5-909 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 9 - Adjudicatory Proceedings|§ 19-2.5-909. Motion for New Trial

  All motions for a new trial must be made pursuant to rule 33 of the Colorado rules of criminal procedure.    If the juvenile was not represented by counsel, the court shall inform the juvenile and the juvenile's parent, guardian, or legal custodian at the conclusion of the trial that they have the right to file a motion for a new trial and that, if such motion is denied, they have the right to appeal.     History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 626, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-902 as it existed prior to 2021.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   Standing to appear. The Colorado Children's Code has not changed the basic law of the state that a grandparent to whom the child has been entrusted for care has status to appear and protest the actions of the court relative to the child. C.B. v. People in Interest of J.T.B., 30 Colo. App. 269, 493 P.2d 691 (1971).   Petition for new trial proper. In a proceeding under the Colorado Children's Code, where it was argued that the petition for new trial and demand for jury trial were filed too late, and thus were not in accordance with C.R.C.P. 59(b), this argument was rejected since according to the record there had never been any trial held or evidence presented in support of the dependency petition, and hence, no violation of C.R.C.P. 59(b) could have occurred. C.B. v. People in Interest of J.T.B., 30 Colo. App. 269, 493 P.2d 691 (1971).   Failure to move for a new hearing pursuant to this section does not preclude consideration as to whether an illegal sentence has been imposed pursuant to Crim. P. 35(a). People v. T.O., 696 P.2d 811 (Colo. 1985).
CO Code § 19-2.5-1001 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 10 - Teen Courts|§ 19-2.5-1001. Short Title

 The short title of this part 10 is the “Colorado Teen Court Program”.   History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 628, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-1101 as it existed prior to 2021.