CO Code § 19-2.5-1127 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 11 - Sentencing|§ 19-2.5-1127. Aggravated Juvenile Offender - Definition

      Upon adjudication as an aggravated juvenile offender: (a) (I)Upon adjudication as an aggravated juvenile offender:   For an offense other than an offense that would constitute a class 1 or 2 felony if committed by an adult, the court may commit the juvenile to the department of human services for a determinate period of up to five years;    For an offense that would constitute a class 2 felony if committed by an adult, the court shall commit the juvenile to the department of human services for a determinate period of at least three but not more than five years;    For an offense that would constitute a class 1 felony if committed by an adult, the court shall commit the juvenile to the department of human services for a determinate period of at least three but not more than seven years; and    When the petition alleges the offense of murder in the first degree or murder in the second degree, or sexual assault pursuant to section 18-3-402 (3.5) or (4) and the juvenile is adjudicated a delinquent for either murder in the first degree or murder in the second degree, then the court may sentence the juvenile consecutively or concurrently for any crime of violence as described in section 18-1.3-406 or for a delinquent act contained in the petition for which the juvenile is an aggravated juvenile offender.       An aggravated juvenile offender thus committed to the department of human services must not be transferred to a nonsecure or community setting for a period of more than forty-eight hours, excluding Saturdays, Sundays, and court holidays, nor released before the expiration of the determinate term imposed by the court without prior order of the court.         Upon court order, the department of human services may transfer a juvenile committed to its custody pursuant to subsection (1)(a) of this section to the department of corrections if the juvenile has reached eighteen years of age and the department of human services has certified that the juvenile is no longer benefitting from its programs. (b) (I) Upon court order, the department of human services may transfer a juvenile committed to its custody pursuant to subsection (1)(a) of this section to the department of corrections if the juvenile has reached eighteen years of age and the department of human services has certified that the juvenile is no longer benefitting from its programs.    The department of human services shall initiate such transfer by filing a request for transfer with the court of commitment that must state the basis for the request. Upon receipt of such a request, the court shall notify the interested parties and set the matter for a hearing.    The court shall authorize the transfer only upon a finding by a preponderance of the evidence that the juvenile is no longer benefitting from the programs of the department of human services.    Upon entering an order of transfer to the department of corrections, pursuant to this subsection (1)(b), the court shall amend the mittimus and transfer all further jurisdiction over the juvenile to the department of corrections. Thereafter the juvenile is governed by the provisions for adult felony offenders in titles 16 and 17 as if the juvenile had been sentenced as an adult felony offender for the unserved portion of sentence that remains upon transfer to the department of corrections.            After a juvenile who is sentenced pursuant to subsection (1)(a)(I)(B) or (1)(a)(I)(C) of this section has been in the custody of the department of human services for three years or more, the department may petition the court for an order authorizing the department to place the juvenile on juvenile parole upon approval by the juvenile parole board pursuant to section 19-2.5-1203. After a juvenile who is sentenced pursuant to subsection (1)(a)(I)(A) of this section has served the minimum mandatory period of the commitment or three years, whichever is sooner, the department of human services may petition the court for an order authorizing the department to place the juvenile on juvenile parole upon approval by the juvenile parole board pursuant to section 19-2.5-1203. The department of human services shall conduct the parole supervision. Upon filing the petition, the court shall notify the interested parties and set the matter for a hearing. The court shall authorize the department of human services to place the juvenile on juvenile parole upon approval of the juvenile parole board pursuant to section 19-2.5-1203, only upon finding by a preponderance of the evidence that the safety of the community will not be jeopardized by the juvenile's release.    Parole supervision of a juvenile who has been transferred to the department of corrections is governed by the provisions for adult felony offenders in titles 16, 17, and 18 as if the juvenile had been sentenced as an adult felony offender; except that, if the juvenile was adjudicated and sentenced for a class 1 felony, then the juvenile must serve a ten-year period of mandatory parole after completion of the juvenile's sentence.       Upon filing a petition with the committing court for transfer of the juvenile to a nonsecure or community setting, or for early release from the custody of the department of corrections or human services, the court shall notify the interested parties and set the matter for a hearing. The court shall order such transfer or release only upon a finding by a preponderance of the evidence that the safety of the community will not be jeopardized by the transfer or release; except that early release of the juvenile from the department of corrections is governed by the provisions for adult felony offenders in titles 16 and 17 as if the juvenile had been sentenced as an adult felony offender.        When a juvenile in the custody of the department of human services pursuant to this section reaches the age of twenty years and six months, the department of human services shall file a motion with the court of commitment regarding further jurisdiction of the juvenile. Upon the filing of such a motion, the court shall notify the interested parties, appoint counsel for the juvenile, and set the matter for a hearing. The court shall, as part of this hearing, reconsider the length of the remaining sentence and consider the factors as set forth in subsection (4)(c) of this section. (a) (I)When a juvenile in the custody of the department of human services pursuant to this section reaches the age of twenty years and six months, the department of human services shall file a motion with the court of commitment regarding further jurisdiction of the juvenile. Upon the filing of such a motion, the court shall notify the interested parties, appoint counsel for the juvenile, and set the matter for a hearing. The court shall, as part of this hearing, reconsider the length of the remaining sentence and consider the factors as set forth in subsection (4)(c) of this section.    When the court notifies the interested parties, the court shall order that the juvenile submit to and cooperate with a psychological evaluation and risk assessment by a mental health professional to determine whether the juvenile is a danger either to himself or herself or to others. The mental health professional shall prepare a written report and provide a copy of the report to the court that ordered it, the prosecuting attorney, and counsel for the juvenile at least fourteen days before the hearing.       At the hearing upon the motion, the court may either transfer the custody of and jurisdiction over the juvenile to the department of corrections for placement in a correctional facility, the youthful offender system, or a community corrections program; authorize early release of the juvenile pursuant to subsection (3) of this section; place the juvenile on adult parole for a period of five years; or order that custody and jurisdiction over the juvenile must remain with the department of human services; except that the custody of and jurisdiction over the juvenile by the department of human services terminates when the juvenile reaches twenty-one years of age.    In considering whether to transfer the custody of and jurisdiction over the juvenile to the department of corrections, the court shall consider all relevant factors including, but not limited to, the court-ordered psychological evaluation and risk assessment; the nature of the crimes committed; the offender's prior criminal history; the offender's maturity; the offender's behavior in custody; the offender's progress and participation in classes, programs, and educational improvement; the impact of the crimes on the victims; the likelihood of rehabilitation; the placement where the offender is most likely to succeed in reintegrating in the community; and the interest of the community in the imposition of punishment commensurate with the gravity of the offense.       At any postadjudication hearing held pursuant to this section, the state is represented by the district attorney and the attorney general; except that the attorney general may be excused from participation in the hearing with the permission of the district attorney and of the court. At any postadjudication hearing held pursuant to this section, the department of corrections is considered an interested party and must be sent notice of such hearing.    As used in this section, “mental health professional” means a person who is employed by the department of human services or is employed under contract with the department of human services and is:   A licensed physician with the appropriate training and expertise in psychiatry; or    A licensed psychologist.        History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 661, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-601 (5) to (10) as it existed prior to 2021.   ANNOTATION   Law reviews. For article, “New Juvenile Justice Laws Increase Options for Youth”, see 42 Colo. Law. 37 (April 2013).   Annotator's note. The following annotations include a case decided under former provisions similar to this section.   Former subsection (5)(a)(I)(A) (now subsection (1)(a)(I)(A)) gives a court discretion in sentencing an aggravated juvenile offender and does not require a commitment sentence to the department of human services. The court's decision to suspend the commitment sentence on condition of successfully completing probation for an offense that did not constitute a class 1 or 2 felony if committed by an adult was permitted by the sentencing law. A.S. v. People, 2013 CO 63, 312 P.3d 168.   Section does not address appropriate sentencing options for an aggravated juvenile offender who, at 22 years of age, is already an adult at the time of sentencing for acts committed as a juvenile. Since aggravated juvenile offenders must be sentenced pursuant to this section, there is a gap in the statute that must be filled by the legislature. Therefore, courts sentencing aggravated juvenile offenders who have aged out of the department of human services at the time of sentencing may apply the provisions of former subsection (8) (now subsection (4)) that do not require participation by the department of human services and consider all available sentencing options listed under former subsection (8) (now subsection (4)). People in Interest of E.G., 2015 COA 18 M, 371 P.3d 693, aff'd on other grounds, 2016 CO 19, 368 P.3d 946.