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 19-2.5-802 - Transfers

(1)
(a)
The juvenile court may enter an order certifying a juvenile to be held for criminal proceedings in the district court if:
(I)
A petition filed in juvenile court alleges the juvenile is:
(A)
Twelve or thirteen years of age at the time of the commission of the alleged offense and is a juvenile delinquent by virtue of having committed a delinquent act that constitutes a class 1 or class 2 felony or a crime of violence, as defined in section
18-1.3-406
; or
(B)
Fourteen years of age or older at the time of the commission of the alleged offense and is a juvenile delinquent by virtue of having committed a delinquent act that constitutes a felony; and
(II)
After investigation and a hearing, the juvenile court finds it would be contrary to the best interests of the juvenile or of the public to retain jurisdiction.
(b)
A petition may be transferred from the juvenile court to the district court only after a hearing as provided in this section.
(c)
If the crime alleged to have been committed is a felony defined by section
18-8-208
, and no other crime is alleged to have been committed and the juvenile has been adjudicated a juvenile delinquent for a delinquent act that constitutes a class 4 or 5 felony, then the charge for the crime may not be filed directly in the district court, but the juvenile court may transfer the charge to the district court pursuant to subsection (1)(a) of this section.
(d)
(I)
If a juvenile is convicted in cases in which criminal charges are transferred to the district court pursuant to this section, the district court judge shall sentence the juvenile either:
(A)
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
(B)
To the youthful offender system in the department of corrections in accordance with section
18-1.3-407
; except that a juvenile is not eligible for sentencing to the youthful offender system if the juvenile is convicted of a class 1 felony; any sexual offense described in section
18-6-301
or
18-6-302
, or part 4 of article
3
of title
18
; or 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.
(II)
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 in cases in which criminal charges are transferred to 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.
(III)
If a juvenile is convicted of an offense that is not eligible for district court jurisdiction pursuant to either this section or section
19-2.5-801
, the juvenile shall be remanded to juvenile court for sentencing pursuant to this article 2.5.
(IV)
In the case of a person who is sentenced as a juvenile pursuant to this subsection (1)(d), 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)
Section
19-2.5-1127
, regarding aggravated juvenile offenders.
(V)
The court in its discretion may appoint a guardian ad litem for a juvenile following the transfer of charges to the district court pursuant to this section.
(VI)
When a juvenile is sentenced pursuant to this article 2.5, the juvenile's conviction shall be adjudicated as a juvenile delinquency adjudication.
(VII)
For purposes of this subsection (1)(d), "violent juvenile offender" has the same meaning as defined in section
19-2.5-1125 (3)
.
(e)
Whenever a juvenile under the age of fourteen years is sentenced pursuant to section
18-1.3-401
as provided in subsection (1)(d) of this section, the department of corrections shall contract with the department of human services to house and provide services to the juvenile in a facility operated by the department of human services until the juvenile reaches the age of fourteen years. On reaching the age of fourteen years, the juvenile must be transferred to an appropriate facility operated by the department of corrections for the completion of the juvenile's sentence.
(2)
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 the filing or indictment in the district court, the juvenile court no longer has jurisdiction over proceedings concerning the charges.
(3)
At the transfer hearing, the court shall consider:
(a)
Whether there is probable cause to believe that the juvenile has committed a delinquent act for which waiver of juvenile court jurisdiction over the juvenile and transfer to the district court may be sought pursuant to subsection (1) of this section; and
(b)
Whether the interests of the juvenile or of the community would be better served by the juvenile court's waiving its jurisdiction over the juvenile and transferring jurisdiction over the juvenile to the district court.
(4)
(a)
The hearing must be conducted as set forth in section
19-1-106
, and the court shall make certain that the juvenile and the juvenile's parents, guardian, or legal custodian have been fully informed of their right to be represented by counsel.
(b)
In considering whether to waive juvenile court jurisdiction over the juvenile, the juvenile court shall consider the following factors:
(I)
The seriousness of the offense and whether the protection of the community requires isolation of the juvenile beyond that afforded by juvenile facilities;
(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 juvenile's maturity, as determined by considerations of the juvenile's home, environment, emotional attitude, and pattern of living;
(V)
The juvenile's record and previous history;
(VI)
The likelihood of the juvenile's rehabilitation by use of facilities available to the juvenile court;
(VII)
The interest of the community in the imposition of a punishment commensurate with the gravity of the offense;
(VIII)
The impact of the offense on the victim;
(IX)
Whether the juvenile was twice previously adjudicated a delinquent juvenile for delinquent acts that constitute felonies;
(X)
Whether the juvenile was previously adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of violence, as defined in section
18-1.3-406
;
(XI)
Whether the juvenile was previously committed to the department of human services following an adjudication for a delinquent act that constitutes a felony;
(XII)
Whether the juvenile is sixteen years of age or older at the time of the offense and the present act constitutes a crime of violence, as defined in section
18-1.3-406
;
(XIII)
Whether the juvenile is sixteen years of age or older at the time of the offense and has been twice previously adjudicated a juvenile delinquent for delinquent acts against property that constitute felonies; and
(XIV)
Whether the juvenile used, or possessed and threatened the use of, a deadly weapon in the commission of a delinquent act.
(c)
The amount of weight to be given to each of the factors listed in subsection (4)(b) of this section is discretionary with the court; except that a record of two or more previously sustained petitions for delinquent acts that constitute felonies or a record of two or more juvenile probation revocations based on acts that constitute felonies establish prima facie evidence that to retain jurisdiction in juvenile court would be contrary to the best interests of the juvenile or of the community.
(d)
The insufficiency of evidence pertaining to any one or more of the factors listed in subsection (4)(b) of this section is not in and of itself determinative of the issue of waiver of juvenile court jurisdiction.
(5)
Written reports and other materials relating to the juvenile's mental, physical, educational, and social history may be considered by the court, but the court, if so requested by the juvenile, the juvenile's parent or guardian, or other interested party, shall require the person or agency preparing the report and other material to appear and be subject to both direct and cross-examination.
(6)
(a)
If the court finds that its jurisdiction over a juvenile should be waived, it shall enter an order to that effect; except that such order of waiver is null and void if the district attorney fails to file an information in the criminal division of the district court within five days after issuance of the written order of waiver, exclusive of Saturdays, Sundays, and court holidays. Upon failure of the district attorney to file an information within five days of the issuance of the written order of waiver, exclusive of Saturdays, Sundays, and court holidays, the juvenile court shall retain jurisdiction and shall proceed pursuant to this article 2.5.
(b)
As a condition of the waiver of jurisdiction, the court in its discretion may provide that a juvenile shall continue to be held in custody pending the filing of an information in the criminal division of the district court. Where the juvenile has made bond in proceedings in the juvenile court, the bond may be continued and made returnable in and transmitted to the district court, where it must continue in full force and effect unless modified by order of the district court.
(7)
If the court finds that it is in the best interests of the juvenile and of the public for the court to retain jurisdiction, it shall proceed with the adjudicatory trial pursuant to part 9 of this article 2.5.
Renumbered from C.R.S. §
19-2-518
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2021 Ch. 175, § 4, eff. 10/1/2021.
Amended by 2021 Ch. 175, § 1, eff. 5/24/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 618, p. 618, § 2, effective October 1; (1)(d) R&RE, (HB 21-1091), ch. 956, p. 956, § 4, effective October 1.
(1) This section is similar to former § 19-2-518 as it existed prior to 2021.
(2) Section 7 of chapter 175 (HB 21-1091), Session Laws of Colorado 2021, provides that the act repealing and reenacting subsection (1)(d) takes effect only if SB 21-059 becomes law and takes effect upon the effective date of HB 21-1091 or SB 21-059, whichever is later. HB 21-1091 took effect May 24, 2021, and SB 21-059 became law and took effect October 1, 2021.
For the legislative declaration contained in the 2002 act amending subsections (1)(a)(I)(A), (1)(d)(I), (1)(d)(II), (1)(e), (4)(b)(X), and (4)(b)(XII), see section 1 of chapter 318, Session Laws of Colorado 2002.