reglab/statecodes huggingface dataset:
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 7 - COMPETENCY TO PROCEED (§§ 19-2.5-701 — 19-2.5-707) › Section 19-2.5-705 - Restoration to competency hearing

(1)
The court may order a restoration to competency hearing, as defined in section
19-2.5-701.5
, 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.
(2)
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.
(3)
At the restoration to competency hearing, the court shall determine whether the juvenile has achieved or is restored to competency.
Amended by 2023 Ch. 205,§ 7, eff. 8/7/2023.
Renumbered from C.R.S. §
19-2-1304
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2018 Ch. 56, § 5, eff. 7/1/2018.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 613, p. 613, § 2, effective October 1.
This section is similar to former § 19-2-1304 as it existed prior to 2021.
2023 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2008 act amending subsection (1), see section 1 of chapter 389, Session Laws of Colorado 2008.
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 7 - COMPETENCY TO PROCEED (§§ 19-2.5-701 — 19-2.5-707) › Section 19-2.5-706 - Procedure after restoration to competency hearing

(1)
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.
(2)
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.
(3)
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.
Renumbered from C.R.S. §
19-2-1305
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2018 Ch. 56, § 6, eff. 7/1/2018.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 614, p. 614, § 2, effective October 1.
This section is similar to former § 19-2-1305 as it existed prior to 2021.
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 7 - COMPETENCY TO PROCEED (§§ 19-2.5-701 — 19-2.5-707) › Section 19-2.5-707 - Evaluation at the request of the juvenile

A juvenile has the right to request a second evaluation in response to a court-ordered competency evaluation or a court-ordered restoration evaluation within seven days after the receipt of an evaluation. If a juvenile wants a second evaluation to be conducted by a competency evaluator of the juvenile's choice in connection with a proceeding held pursuant to this article 2.5, the court, upon timely motion, shall order that the competency evaluator be given reasonable opportunity to conduct the second evaluation prior to any competency or restoration hearing.
Added by 2023 Ch. 205,§ 8, eff. 8/7/2023.
2023 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 19-2.5-901 - Informal adjustment

(1)
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:
(a)
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;
(b)
There are sufficient facts to establish the court's jurisdiction; and
(c)
The juvenile and the juvenile's parents, guardian, or legal custodian have waived the right to a speedy trial.
(2)
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.
(3)
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.
(4)
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.
Renumbered from C.R.S. §
19-2-703
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 622, p. 622, § 2, effective October 1.
This section is similar to former § 19-2-703 as it existed prior to 2021.
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 19-2.5-902 - Entry of plea

(1)
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.
(2)
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.
Renumbered from C.R.S. §
19-2-708
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2013 Ch. 341, § 8, eff. 8/7/2013.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 622, p. 622, § 2, effective October 1.
This section is similar to former § 19-2-708 as it existed prior to 2021.
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 19-2.5-903 - Deferral of adjudication

(1)
Except as set forth in subsection (2) of this section, in any case in which the juvenile has agreed with the district attorney to enter a plea of guilty, the court, with the consent of the juvenile and the district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period not to exceed one year after the date of entry of the order deferring adjudication. The court may continue the case for an additional one-year period for good cause.
(2)
In a case in which the juvenile has agreed with the district attorney to enter a plea of guilty, resulting in a conviction, as defined in section
16-22-102 (3)
, for unlawful sexual behavior, as defined in section
16-22-102 (9)
, the court, with the consent of the juvenile and district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period of time not to exceed two years after the date of the order deferring adjudication. Upon a showing of good cause, the court may continue the case for additional time, not to exceed five years after the date of the order deferring adjudication.
(3)
A juvenile granted a deferral of adjudication pursuant to this section may be placed under the supervision of a probation department. The court may impose any conditions of supervision that it deems appropriate that are stipulated to by the juvenile and the district attorney.
(4)
Upon full compliance with the conditions of supervision, the plea of the juvenile or the finding of guilt by the court must be withdrawn and the case dismissed with prejudice.
(5)
The district attorney or a probation officer may make an application for entry of adjudication and imposition of sentence at any time within the term of the deferred adjudication or within thirty-five days thereafter.
(6)
If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to sentencing pursuant to section
19-2.5-1102
. Lack of compliance is a matter to be determined by the court without a jury, upon written application of the district attorney or probation department. At least seven days' notice must be given to the juvenile and the juvenile's parents, guardian, or legal custodian. The burden of proof is the same as if the matter were being heard as a probation revocation proceeding.
(7)
If the juvenile agrees to a deferral of adjudication, the juvenile waives all rights to a speedy trial and sentencing.
Renumbered from C.R.S. §
19-2-709
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2013 Ch. 272, § 13, eff. 7/1/2013.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 622, p. 622, § 2, effective October 1.
This section is similar to former § 19-2-709 as it existed prior to 2021.
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 19-2.5-904 - Speedy trial - procedural schedule

(1)
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.
(2)
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:
(a)
Holding the detention hearing, as specified in section
19-2.5-305 (3)(a)(I)
;
(b)
Filing the petition, as specified in section
19-2.5-305 (3)(a)(IX)
;
(c)
Setting the first appearance, as specified in section
19-2.5-501 (4)
; and
(d)
Holding the adjudicatory trial, as specified in section
19-2.5-902 (1)
.
(3)
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.
Renumbered from C.R.S. §
19-2-108
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2019 Ch. 294, § 23, eff. 7/1/2019.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 623, p. 623, § 2, effective October 1.
This section is similar to former § 19-2-108 as it existed prior to 2021.
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 19-2.5-905 - Evidentiary considerations

(1)
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.
(2)
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.
(3)
Prior to the juvenile resting the juvenile's case, the trial court shall advise the juvenile outside the presence of the jury that:
(a)
The juvenile has a right to testify in the juvenile's own behalf;
(b)
If the juvenile wants to testify, no one, including the juvenile's attorney, can prevent the juvenile from doing so;
(c)
If the juvenile testifies, the prosecutor will be allowed to cross-examine the juvenile;
(d)
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;
(e)
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;
(f)
The juvenile has a right not to testify and that, if the juvenile does not testify, the jury must be instructed about such right.
Renumbered from C.R.S. §
19-2-802
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 624, p. 624, § 2, effective October 1.
This section is similar to former § 19-2-802 as it existed prior to 2021.
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 19-2.5-906 - Admissibility of evidence - legislative declaration - definitions

(1)
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.
(2)
For purposes of this section:
(a)
"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.
(b)
"Peace officer" has the meaning set forth in section
16-2.5-101
.
(c)
"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.
(3)
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.
(4)
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.
(5)
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.
Renumbered from C.R.S. §
19-2-803
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 624, p. 624, § 2, effective October 1.
This section is similar to former § 19-2-803 as it existed prior to 2021.
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 19-2.5-907 - Procedures at trial

(1)
At the adjudicatory trial, that must be conducted pursuant to section
19-1-106
, the court shall consider whether the allegations of the petition are supported by evidence beyond a reasonable doubt. Jurisdictional matters of the age and residence of the juvenile are deemed admitted by or on behalf of the juvenile unless specifically denied within a reasonable time prior to the trial.
(2)
If the juvenile is found not guilty after an adjudicatory trial, the court shall order the petition dismissed and the juvenile discharged from any detention or restriction previously ordered. The juvenile's parents, guardian, or other legal custodian are also discharged from any restriction or other previous temporary order.
(3)
If the juvenile is found guilty after an adjudicatory trial, the court may proceed to sentencing or direct that the matter be set for a separate sentencing hearing within forty-nine days following completion of the adjudicatory trial.
Renumbered from C.R.S. §
19-2-804
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 625, p. 625, § 2, effective October 1.
This section is similar to former § 19-2-804 as it existed prior to 2021.
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 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.
Renumbered from C.R.S. §
19-2-805
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 625, p. 625, § 2, effective October 1.
This section is similar to former § 19-2-805 as it existed prior to 2021.
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 9 - ADJUDICATORY PROCEEDINGS (§§ 19-2.5-901 — 19-2.5-910) › Section 19-2.5-909 - Motion for new trial

(1)
All motions for a new trial must be made pursuant to rule 33 of the Colorado rules of criminal procedure.
(2)
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.
Renumbered from C.R.S. §
19-2-902
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 626, p. 626, § 2, effective October 1.
This section is similar to former § 19-2-902 as it existed prior to 2021.
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 10 - TEEN COURTS (§§ 19-2.5-1001 — 19-2.5-1005) › Section 19-2.5-1001 - Short title

The short title of this part 10 is the "Colorado Teen Court Program".
Renumbered from C.R.S. §
19-2-1101
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 628, p. 628, § 2, effective October 1.
This section is similar to former § 19-2-1101 as it existed prior to 2021.
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 10 - TEEN COURTS (§§ 19-2.5-1001 — 19-2.5-1005) › Section 19-2.5-1002 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Minor offense" means any offense denominated a misdemeanor in title 18 or violation of a municipal ordinance where the maximum penalty authorized does not exceed imprisonment for more than six months.
(2)
"Supervising court" means the juvenile court for the city and county of Denver, the district courts of the state other than that of Denver, and any municipal court that establishes a teen court program pursuant to this part 10.
(3)
"Teen" means any person thirteen years of age or older and under nineteen years of age who is enrolled in school.
(4)
"Teen court judge" means a volunteer, licensed to practice law in the state of Colorado, approved by and serving at the pleasure of the chief judge of the supervising court.
(5)
"Teen defendant" means a teen ordered to participate in a teen court program pursuant to this part 10.
(6)
"Teen defense attorney" means a teen who is chosen by a teen court judge to speak on behalf of a teen defendant.
(7)
"Teen jury" means not less than three teens who have been chosen by a teen court judge to decide what sentence should be imposed against a teen defendant.
(8)
"Teen prosecutor" means a teen who has been chosen by a teen court judge to advocate on behalf of a school or community for any sentence to be imposed.
Renumbered from C.R.S. §
19-2-1102
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 628, p. 628, § 2, effective October 1.
This section is similar to former § 19-2-1102 as it existed prior to 2021.
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 10 - TEEN COURTS (§§ 19-2.5-1001 — 19-2.5-1005) › Section 19-2.5-1003 - Teen court program - supervising courts

(1)
Any supervising court is authorized to establish a teen court program pursuant to the this part 10. In any jurisdiction where a teen court program is established, a teen charged with a minor offense may receive a deferred judgment, a condition of which is successful participation in the teen court program.
(2)
The procedure for determining the eligibility for and imposition of the deferred judgment is as follows:
(a)
The teen, in the presence of at least one of the teen's parents or legal guardian, enters a plea of guilty to the minor offense charged;
(b)
The teen requests to participate in the teen court program, agrees to the deferral of further proceedings in the supervising court for a period of six months or until the teen has successfully completed the teen court program, and provides the court with addresses for mailing notices to both the teen and the teen's parent or legal guardian;
(c)
The supervising court finds that the teen will benefit more from participation in the teen court program than from any other sentence that may be imposed;
(d)
The supervising court may accept the teen's plea, order that the teen participate in the teen court program, and defer further proceedings in the supervising court for up to six months; and
(e)
In addition to ordering the teen to participate in the teen court program, the supervising court may enter an order that the teen pay any restitution otherwise authorized by law.
(3)
If the supervising court receives a report from the teen court judge that the teen has not successfully completed the teen court program, or if within six months after the entry of the order for deferred judgment the supervising court has not received a report that the teen has successfully completed the teen court program, the court shall schedule a sentencing hearing, send notice to the teen and the teen's parent or legal guardian at the addresses given at the time of the order for deferred judgment or any changed address, and at the sentencing hearing impose any other sentence authorized for the offense charged.
(4)
If the supervising court receives a report from the teen court judge that the teen has successfully completed the teen court program, the court shall dismiss all charges against the teen. The dismissal does not constitute a conviction for any purpose.
Renumbered from C.R.S. §
19-2-1103
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 629, p. 629, § 2, effective October 1.
This section is similar to former § 19-2-1103 as it existed prior to 2021.
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 10 - TEEN COURTS (§§ 19-2.5-1001 — 19-2.5-1005) › Section 19-2.5-1005 - Alternative procedures

Nothing contained in this part 10 impairs the authority of courts to adopt different or alternative procedures for the establishment and operation of teen court programs within their respective jurisdictions.
Renumbered from C.R.S. §
19-2-1105
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 631, p. 631, § 2, effective October 1.
This section is similar to former § 19-2-1105 as it existed prior to 2021.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1104 - Sentencing - restitution by juvenile

(1)
If the court finds that a juvenile who receives a deferral of adjudication or who is adjudicated a juvenile delinquent has damaged a victim's personal or real property, that the victim's personal property has been lost, or that personal injury has been caused to a victim as a result of the juvenile's delinquent act, the court, in addition to any other sentence or commitment that it may impose on the juvenile pursuant to section
19-2.5-1103
, shall enter a sentencing order requiring the juvenile to make restitution as required by article
18.5
of title
16
and part 6 of article
1.3
of title
18
.
(2)
Restitution must be ordered to be paid in a reasonable manner, as determined by the court and in accordance with article
18.5
of title
16
and part 6 of article
1.3
of title
18
.
(3)
Notwithstanding section
18-1.3-602 (4)(a)(III)
or any other provision of law, a court shall not order a juvenile to pay restitution to an insurance company. A court may order a juvenile to pay restitution to a victim for the portion of a victim's pecuniary loss for which the victim cannot be compensated under a policy of insurance, self-insurance, an indemnity agreement, or a risk management fund.
(4)
As used in this section, "victim" does not mean an insurance company, as defined in section
38-13-102 (13)
, for purposes of restitution in juvenile cases.
Amended by 2022 Ch. 392, § 1, eff. 6/7/2022.
Renumbered from C.R.S. §
19-2-918
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 637, p. 637, § 2, effective October 1.
This section is similar to former § 19-2-918 as it existed prior to 2021.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1105 - Sentencing - fines

Except as otherwise set forth in section
19-2.5-1127
for an aggravated juvenile offender, the court may, as the sole punishment or in addition to any other sentence or commitment specified in section
19-2.5-1103
, impose on the juvenile a fine of not more than three hundred dollars.
Renumbered from C.R.S. §
19-2-917
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 638, p. 638, § 2, effective October 1.
This section is similar to former § 19-2-917 as it existed prior to 2021.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1107 - [Effective Until 9/1/2024] Juvenile probation officers - powers and duties

(1)
A juvenile probation officer appointed pursuant to section
19-2.5-1406
shall investigate and keep written records of such investigations as the court may direct.
(2)
When a juvenile is placed on probation, the juvenile probation officer shall give the juvenile a written statement of the terms and conditions of the juvenile's probation and shall explain fully the terms and conditions to the juvenile, unless the court gave and explained the statement to the juvenile pursuant to section
19-2.5-1108
.
(3)
(a)
Each juvenile probation officer shall keep informed as to the condition and conduct of each juvenile placed under the juvenile probation officer's supervision and shall report to the court as directed.
(b)
Each juvenile probation officer shall use all suitable methods, including counseling, to aid each juvenile under the juvenile probation officer's supervision and shall perform such other duties in connection with the care and custody of juveniles as the court may direct.
(c)
Each juvenile probation officer shall keep complete records of all work done, as well as complete accounts of all money collected from those under supervision.
(4)
A juvenile probation officer, for the purpose of performing the juvenile probation officer's duties, has all the powers of a peace officer, as described in sections
16-2.5-101
and
16-2.5-138
.
(5)
(a)
When a juvenile probation officer learns that a juvenile under the juvenile probation officer's supervision has changed residence to another county, temporarily or permanently, the juvenile probation officer shall immediately notify the court.
(b)
If, after the court is notified pursuant to subsection (5)(a) of this section, the court determines that it is in the best interest of the juvenile to transfer jurisdiction to the court in the county in which the juvenile resides or is to reside, the court shall immediately notify such court and shall enter an order transferring jurisdiction to such court. The court transferring jurisdiction pursuant to this subsection (5)(b) shall transmit all documents and legal and social records, or certified copies thereof, to the receiving court, together with the order transferring jurisdiction. The receiving court shall proceed with the case as if the petition had been originally filed in said court.
Renumbered from C.R.S. §
19-2-926
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 640, p. 640, § 2, effective October 1.
This section is similar to former § 19-2-926 as it existed prior to 2021.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1111 - Sentencing - community accountability program

Except as otherwise required by section
19-2.5-1127
, the court may sentence the juvenile to participate in the community accountability program as set forth in section
19-2.5-1410
. Such a sentence is a condition of probation for higher-risk juveniles who would have otherwise been sentenced to detention or out-of-home placement or committed to the department of human services. A sentence pursuant to this section is conditioned on the availability of space in the community accountability program and on a determination by the division of youth services that the juvenile's participation in the program is appropriate. In the event that the division of youth services determines the program is at maximum capacity or that a juvenile's participation is not appropriate, the juvenile must be ordered to return to the sentencing court for another sentencing hearing.
Renumbered from C.R.S. §
19-2-914
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2017 Ch. 381, § 38, eff. 6/6/2017.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 647, p. 647, § 2, effective October 1.
This section is similar to former § 19-2-914 as it existed prior to 2021.
For the legislative declaration contained in the 1996 act amending this section, see section 48 of chapter 283, Session Laws of Colorado 1996.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1112 - Sentencing - placement with relative

Except as otherwise required by section
19-2.5-1127
for an aggravated juvenile offender, the court may place the juvenile in the legal custody of a relative or other suitable person under such conditions as the court may impose, which may include placing the juvenile on probation pursuant to section
19-2.5-1106
or under protective supervision.
Renumbered from C.R.S. §
19-2-912
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 647, p. 647, § 2, effective October 1.
This section is similar to former § 19-2-912 as it existed prior to 2021.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1113 - Sentencing - alternative services - detention

Except as otherwise required by section
19-2.5-1127
for an aggravated juvenile offender and except as required by section
19-2.5-1123
, the court may sentence the juvenile to alternative services funded through section
19-2.5-1404
or other alternative services programs. If a juvenile who is thirteen years of age or older fails to make satisfactory progress in the alternative services to which the juvenile is sentenced or if the court finds that a sentence to alternative services would be contrary to the community interest, the court may sentence a juvenile adjudicated for an offense that would constitute a class 3, class 4, class 5, or class 6 felony or a misdemeanor weapons charge if committed by an adult to detention for a period not to exceed forty-five days. Release for purposes of work, therapy, education, or other good cause may be granted by the court. The court may not sentence to detention a juvenile adjudicated for an offense that would constitute a class 1 or class 2 felony if committed by an adult.
Renumbered from C.R.S. §
19-2-911
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2019 Ch. 294, § 27, eff. 7/1/2019.
Amended by 2017 Ch. 269, § 5, eff. 5/30/2017.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 648, p. 648, § 2, effective October 1.
This section is similar to former § 19-2-911 (1) as it existed prior to 2021.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1114 - Sentencing - placement based on special needs of the juvenile

(1)
Except as otherwise required by section
19-2.5-1127
for an aggravated juvenile offender, the court may order that the juvenile be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that the juvenile receive other special care and may place the juvenile in a hospital or other suitable facility for such purposes; except that a juvenile may not be placed in a mental health facility operated by the department of human services until the juvenile has received a mental health placement prescreening resulting in a recommendation that the juvenile be placed in a facility for an evaluation pursuant to section
27-65-106
, or a hearing has been held by the court after notice to all parties, including the department of human services. An order for an emergency mental health hold must not be entered unless a hearing is held and evidence indicates that the prescreening report is inadequate, incomplete, or incorrect and that competent professional evidence is presented by a mental health professional that indicates that the juvenile has a behavioral or mental health disorder. The court shall make, prior to the hearing, orders regarding temporary custody of the juvenile as are deemed appropriate.
(2)
Placement in any mental health facility operated by the department of human services must continue for such time as ordered by the court or until the professional person in charge of the juvenile's treatment concludes that the treatment or placement is no longer appropriate. If placement or treatment is no longer deemed appropriate, the court must be notified and a hearing held for further disposition of the juvenile within five days excluding Saturdays, Sundays, and legal holidays. The court shall make, prior to the hearing, orders regarding temporary custody of the juvenile as are deemed appropriate.
Amended by 2022 Ch. 451, § 32, eff. 8/10/2022.
Renumbered from C.R.S. §
19-2-916
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2017 Ch. 263, § 158, eff. 5/25/2017.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 648, p. 648, § 2, effective October 1.
This section is similar to former § 19-2-916 as it existed prior to 2021.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1115 - Sentencing - legal custody - county department of human or social services

Except as otherwise required by section
19-2.5-1127
for an aggravated juvenile offender, the court, following the criteria for out-of-home placement established pursuant to section
19-2.5-1404
, may place legal custody of the juvenile in the county department of human or social services.
Renumbered from C.R.S. §
19-2-915
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2018 Ch. 38, § 49, eff. 8/8/2018.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 648, p. 648, § 2, effective October 1.
This section is similar to former § 19-2-915 as it existed prior to 2021.
For the legislative declaration contained in the 2001 act amending this section, see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1118 - Sentencing - persons eighteen years of age or older - county jail - community corrections - definitions

(1)
Except as otherwise required by section
19-2.5-1127
for an aggravated juvenile offender, the court may commit a person eighteen years of age or older but less than twenty-one years of age to the department of human services if the person is adjudicated a juvenile delinquent for an act committed prior to the person's eighteenth birthday or upon revocation of probation.
(2)
Except as otherwise required by section
19-2.5-1127
for an aggravated juvenile offender, the court may sentence a person who is eighteen years of age or older on the date of a sentencing hearing to the county jail for a period not to exceed six months or to a community correctional facility or program for a period not to exceed one year, which may be served consecutively or in intervals, if the person is adjudicated a juvenile delinquent for an act committed prior to the person's eighteenth birthday.
Renumbered from C.R.S. §
19-2-910
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 654, p. 654, § 2, effective October 1.
This section is similar to former § 19-2-910 as it existed prior to 2021.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1120 - Cost of care

(1)
(a)
Notwithstanding section
19-1-115(4)(d)
, if a juvenile is sentenced to an out-of-home placement or is granted probation as a result of an adjudication, deferral of adjudication, or direct filing in or transfer to district court, the court may order the juvenile's parent to make payments toward the cost of care only as required pursuant to Title IV of the federal "Social Security Act".
(b)
(Deleted by amendment, L. 2021.)
(2) and (3)
(Deleted by amendment, L. 2021.)
Amended by 2021 Ch. 461,§24, eff. 10/1/2021.
Renumbered from C.R.S. §
19-2-114
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
Amended by 2021 Ch. 461,§2, eff. 7/6/2021.
Amended by 2019 Ch. 180,§3, eff. 8/2/2019.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 656, p. 656, § 2, effective October 1; entire section amended, (HB 21-1315), ch. 3115, p. 3115 § 24, effective October 1.
(1) This section is similar to former § 19-2-114 as it existed prior to 2021.
(2) Section 36 of chapter 461 (HB 21-1315), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-059 becomes law and takes effect either upon the effective date of HB 21-1315 or SB 21-059, whichever is later. HB 21-1315 took effect July 6, 2021, and SB 21-059 became law and took effect October 1, 2021.
For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart A - IN GENERAL (§§ 19-2.5-1101 — 19-2.5-1121) › Section 19-2.5-1121 - Fees for transporting juveniles

It is the duty of the sheriff, undersheriff, or deputy, or in their absence any suitable person appointed by the court for such purpose, to convey any juvenile committed pursuant to section
19-2.5-1103
or
19-2.5-1127
to facilities of the division of youth services. All officers performing services pursuant to this part 11 must be paid the same fees as are allowed for similar services in criminal cases, to be paid by the county from which the juvenile was committed.
Renumbered from C.R.S. §
19-2-415
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2017 Ch. 381, § 37, eff. 6/6/2017.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 657, p. 657, § 2, effective October 1.
This section is similar to former § 19-2-415 as it existed prior to 2021.
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 11 - SENTENCING (§§ 19-2.5-1101 — 19-2.5-1127) › Subpart B - OFFENSE-SPECIFIC SPECIALIZED SENTENCING (§§ 19-2.5-1122 — 19-2.5-1124) › Section 19-2.5-1123 - Sentencing - mandatory detention - weapons and crimes of violence

(1)
In the case of a juvenile who has been adjudicated a juvenile delinquent for the commission of one of the offenses described in section
19-2.5-305 (3)(a)(V)
, the court shall sentence the juvenile to a minimum mandatory period of detention of not fewer than five days.
(2)
A juvenile who is less than thirteen years of age may not be sentenced to detention unless the juvenile has been adjudicated for a felony or weapons charge pursuant to section
18-12-102
,
18-12-105
,
18-12-106
, or
18-12-108.5
. As an alternative, the juvenile probation department may conduct a presentence investigation pursuant to section
19-2.5-1101
. The investigation may result in the juvenile:
(a)
Remaining in the custody of a parent, guardian, or legal custodian; or
(b)
Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section
19-1-103
, or other suitable person under such conditions as the court may impose; or
(c)
Being placed in a shelter facility; or
(d)
Being referred to a local county department of human or social services for assessment for placement.
Renumbered from C.R.S. §
19-2-911
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 658, p. 658, § 2, effective October 1.
This section is similar to former § 19-2-911 (2) and (3) as it existed prior to 2021.
Amended by 2019 Ch. 294, § 27, eff. 7/1/2019.
Amended by 2017 Ch. 269, § 5, eff. 5/30/2017.
L. 96: Entire article amended with relocations, p. 1663, § 1, effective January 1, 1997. L. 2001: (2) amended, p. 137, § 1, effective July 1. L. 2017: (1) amended and (3) added, (HB 17-1207), ch. 269, p. 1484, § 5, effective May 31.
This section was formerly numbered as
19-2-703(1)(e)(I) and (1)(h)(I)
. Prior to relocation in 1996, the said
19-2-703(1)(e)(I) and (1)(h)(I)
were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title.