2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 8 - DIRECT FILING AND TRANSFER HEARINGS (§§ 19-2.5-801 — 19-2.5-802) › Section 19-2.5-801 - Direct filing - definition

(1)
A juvenile may be charged by the direct filing of an information in the district court or by indictment only if the juvenile is sixteen years of age or older at the time of the commission of the alleged offense and:
(a)
Is alleged to have committed a class 1 or class 2 felony; or
(b)
Is alleged to have committed a sexual assault that is a crime of violence pursuant to section
18-1.3-406
or a sexual assault under the circumstances described in section
18-3-402 (5)(a)
; or
(c)
(I)
Is alleged to have committed a felony enumerated as a crime of violence pursuant to section
18-1.3-406
, other than a sexual assault as described in subsection (1)(b) of this section, or is alleged to have committed sexual assault pursuant to section
18-3-402
, sexual assault on a child pursuant to section
18-3-405
, or sexual assault on a child by one in a position of trust pursuant to section
18-3-405.3
; and
(II)
Is found to have a prior adjudicated felony offense; or
(d)
Has previously been subject to proceedings in district court as a result of a direct filing pursuant to this section or a transfer pursuant to section
19-2.5-802
; except that:
(I)
If the juvenile is found not guilty in district court of the prior felony or any lesser included offense, the subsequent charge must be remanded to the juvenile court; and
(II)
If the juvenile is convicted in district court in the prior case of a lesser included or nonenumerated offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section, the subsequent charge may be remanded to the juvenile court.
(2)
If, after a preliminary hearing, the district court does not find probable cause for an offense that may be charged by direct filing, or if the direct file eligible offense is dismissed at a later date, the court shall remand the case to the juvenile court.
(3)
Notwithstanding section
19-2.5-802
, after filing charges in the juvenile court but before 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 this section. Upon the filing or indictment in the district court, the juvenile court no longer has jurisdiction over proceedings concerning the charges.
(4)
(a)
After a juvenile case has been charged by direct filing of information or by an indictment in district court, the juvenile may file in district court a motion to transfer the case to juvenile court. The juvenile must file the motion no later than the time to request a preliminary hearing. Upon receipt of the motion, the court shall set the reverse-transfer hearing with the preliminary hearing. The court shall permit the district attorney to file a response to the juvenile's motion to transfer the case to juvenile court. The district attorney shall file the response no later than fourteen days before the reverse-transfer hearing.
(b)
In determining whether the juvenile and the community would be better served by adjudicative proceedings pursuant to this article 2.5 or by proceedings pursuant to title 16, the court shall consider the following factors:
(I)
The seriousness of the alleged offense and whether the protection of the community requires response or consequence beyond that afforded by this article 2.5;
(II)
Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
(III)
Whether the alleged offense was against persons or property, greater weight being given to offenses against persons;
(IV)
The age of the juvenile and the maturity of the juvenile, as determined by considerations of the juvenile's home, environment, emotional attitude, and pattern of living;
(V)
The juvenile's record and previous history in prior court-related matters;
(VI)
The juvenile's current and past mental health status, as evidenced by relevant mental health or psychological assessments or screenings that are made available to both the district attorney and defense counsel;
(VII)
The likelihood of the juvenile's rehabilitation by use of the sentencing options available in the juvenile courts and district courts;
(VIII)
The interest of the community in the imposition of a punishment commensurate with the gravity of the offense;
(IX)
The impact of the offense on the victim;
(X)
Whether the juvenile was previously committed to the department of human services following an adjudication for a delinquent act that constitutes a felony; and
(XI)
Whether the juvenile used, or possessed and threatened the use of, a deadly weapon in the commission of the delinquent act.
(c)
If the district court determines pursuant to subsection (4)(b) of this section that the juvenile and the community would be better served by adjudicative proceedings pursuant to this article 2.5, the court shall enter an order directing that the offenses against the juvenile be adjudicated in juvenile court pursuant to this article 2.5.
(5)
(a)
If a juvenile is convicted following the filing of criminal charges by information or indictment in the district court pursuant to this section, the district judge shall sentence the juvenile either:
(I)
As an adult; except that a juvenile is excluded from the mandatory minimum sentencing provisions in section
18-1.3-406
, unless the juvenile is convicted of a class 1 felony or a sex offense that is subject to part 9 of article
1.3
of title
18
; or
(II)
To the youthful offender system in the department of corrections in accordance with section
18-1.3-407
; except that a juvenile is ineligible for sentencing to the youthful offender system if the juvenile is convicted of:
(A)
A class 1 felony;
(B)
Any sexual offense described in section
18-6-301
or
18-6-302
or part 4 of article
3
of title
18
; or
(C)
A second or subsequent offense, if the juvenile received a sentence to the department of corrections or to the youthful offender system for the prior offense.
(b)
The district court judge may sentence a juvenile pursuant to this article 2.5 if the juvenile is convicted of a lesser included or nonenumerated felony offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section. If the juvenile is convicted of only a misdemeanor offense or misdemeanor offenses, the court shall adjudicate the juvenile a delinquent and sentence the juvenile pursuant to this article 2.5.
(c)
If a juvenile is convicted of an offense that is not eligible for district court jurisdiction pursuant to either this section or section
19-2.5-802
, the juvenile must be remanded to juvenile court.
(6)
In the case of a person who is sentenced as a juvenile pursuant to subsection (5) of this section, the following provisions apply:
(a)
Section
19-2.5-1126 (1)(a)
, regarding mandatory sentence offenders;
(b)
Section
19-2.5-1126 (1)(b)
, regarding repeat juvenile offenders;
(c)
Section
19-2.5-1126 (1)(c)
, regarding violent juvenile offenders; and
(d)
Sections
19-2.5-503
and
19-2.5-1127
, regarding aggravated juvenile offenders.
(7)
The court in its discretion may appoint a guardian ad litem for a juvenile charged by the direct filing of an information in the district court or by indictment pursuant to this section.
(8)
When a juvenile is sentenced pursuant to this article 2.5, the juvenile's conviction must be adjudicated as a juvenile delinquency adjudication.
(9)
For purposes of this section, "violent juvenile offender" has the same meaning as set forth in section
19-2.5-1125 (3)
.
Amended by 2021 Ch. 423, § 16, eff. 10/1/2021.
Renumbered from C.R.S. §
19-2-517
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 614, p. 614, § 2, effective October 1; (1) amended, (SB 21-266), ch. 2800, p. 2800, § 16, effective October 1.
(1) This section is similar to former § 19-2-517 as it existed prior to 2021.
(2) Section 47(2)(c) of chapter 423 (SB 21-266), Session Laws of Colorado 2021, provides that the act amending subsection (1) takes effect October 1, 2021, only if SB 21-059 becomes law. SB 21-059 became law and took effect October 1, 2021.
For the legislative declaration contained in the 2002 act amending subsections (1)(a)(II)(A), (1)(a)(III), (3)(a)(II), and (3)(a)(III), see section 1 of chapter 318, Session Laws of Colorado 2002.