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 1 - GENERAL PROVISIONS (§§ 19-2.5-101 — 19-2.5-110) › Section 19-2.5-106 - Victim's right to attend dispositional, review, and restitution proceedings

The victim of any delinquent act, or a relative of the victim, if the victim has died, has the right to attend all dispositional, review, and restitution proceedings resulting from the adjudication of such act. The victim or the victim's relative has the right to appear at the proceedings personally or with counsel and to adequately and reasonably express the victim's views concerning the act, the juvenile, the need for restitution, and the type of dispositional orders that the court should issue. When issuing such orders, the court shall consider the statements made by the victim, or the victim's relative, and shall make a finding, on the record, when appropriate, as to whether the juvenile would pose a threat to public safety if granted probation.
Renumbered from C.R.S. §
19-2-112
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 566, p. 566, § 2, effective October 1.
This section is similar to former § 19-2-112 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 1 - GENERAL PROVISIONS (§§ 19-2.5-101 — 19-2.5-110) › Section 19-2.5-107 - Parental accountability - legislative intent

(1)
(a)
The parent, guardian, or legal custodian of any juvenile subject to proceedings pursuant to this article 2.5 is required to attend all proceedings that may be brought pursuant to this article 2.5 concerning the juvenile. The court may impose contempt sanctions against the parent, guardian, or legal custodian for failure, without good cause, to attend any proceeding concerning the juvenile; except that, if the juvenile's legal custodian is a county department of human or social services or the state department of human services, the legal custodian need not attend any proceeding at which the juvenile's guardian ad litem is present.
(b)
For any juvenile adjudicated pursuant to this article 2.5, the court may specify its expectations for the juvenile's parent, guardian, or legal custodian, so long as the parent, guardian, or legal custodian is a party to the delinquency proceedings.
(2)
(a)
The general assembly determines that families play a significant role in the cause and cure of delinquent behavior of children. It is therefore the intent of the general assembly that parents cooperate and participate significantly in the assessment and treatment planning for their children.
(b)
Any treatment plan developed pursuant to this article 2.5 may include requirements to be imposed on the juvenile's parent, so long as the parent is a party to the delinquency proceedings. These requirements may include, but are not limited to, the following:
(I)
Maximum parent involvement in the sentencing orders;
(II)
Participation by the parent in parental responsibility training;
(III)
Cooperation by the parent in treatment plans for the juvenile;
(IV)
Performance of public service by the parent;
(V)
Cost of care reimbursement by the parent;
(VI)
Supervision of the juvenile; and
(VII)
Any other provisions the court deems to be in the best interests of the juvenile, the parent's other children, or the community.
(c)
Any parent who is a party to the delinquency proceedings and who fails to comply with any requirements imposed on the parent in a treatment plan may be subject to contempt sanctions.
(d)
The court has discretion to exempt the parent from participation in the juvenile's treatment.
Renumbered from C.R.S. §
19-2-113
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
Amended by 2018 Ch. 38,§39, eff. 8/8/2018.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 566, p. 566, § 2, effective October 1.
This section is similar to former § 19-2-113 as it existed prior to 2021.
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 1 - GENERAL PROVISIONS (§§ 19-2.5-101 — 19-2.5-110) › Section 19-2.5-108 - Effect of proceedings - definition

(1)
An adjudication or proceeding pursuant to this article 2.5 is not equivalent to an adult conviction of a criminal offense and must not impose any civil disability upon a juvenile or disqualify or prejudice the juvenile from holding any position under the state personnel system or submitting any governmental or military service application or receiving any governmental or military service appointment or from holding public office.
(2)
(a)
An employer, whether a public entity or private individual or entity, shall not ask an applicant for employment of any age to disclose information related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was subject to the process and jurisdiction of the juvenile court and an applicant of any age is not required to disclose such information in response to any employer inquiry.
(b)
Nothing in this section limits public access to information as set forth in section
19-1-304 (1)
(b.5) or (5).
(c)
The provisions of this subsection (2) do not apply to the screening of applicants who have direct contact with vulnerable persons pursuant to section
27-90-111
or the screening of applicants required by licensed child care centers pursuant to section
26-6-905
or
26.5-5-309
.
(d)
The provisions of this subsection (2) do not apply to any law enforcement agency of the state or to any political subdivision.
(e)
As used in this subsection (2), a "condition of employment" means hiring, promotion, termination, participating in an apprenticeship training program, or a training program that leads to employment.
Amended by 2022 Ch. 365, § 3, eff. 8/10/2022.
Renumbered from C.R.S. §
19-2-111
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 567, p. 567, § 2, effective October 1.
This section is similar to former § 19-2-111 as it existed prior to 2021.
2022 Ch. 365, 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 1 - GENERAL PROVISIONS (§§ 19-2.5-101 — 19-2.5-110) › Section 19-2.5-109 - Saving clause

The repeal of article
2
of this title 19 and the enactment of this article 2.5, effective October 1, 2021, do not affect the validity of any actions or proceedings initiated or in existence prior to such effective date and brought pursuant to the legislative provisions in place prior to such effective date.
Amended by 2021 Ch. 423,§15, eff. 10/1/2021.
Added by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 567, p. 567, § 2, effective October 1; entire section amended, (SB 21-266), ch. 2800, p. 2800, § 15, effective October 1.
Section 47(2)(b) of chapter 423 (SB 21-266), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-059 becomes law. SB 21-059 became law, and both bills have an effective date of October 1, 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 1 - GENERAL PROVISIONS (§§ 19-2.5-101 — 19-2.5-110) › Section 19-2.5-110 - Outstanding balances owed by juveniles - report - repeal

(1)
On and after October 1, 2021, the balance of any court-assessed or court-ordered costs imposed pursuant to section
19-2.5-605 (2)(b)
,
19-2.5-1101 (4)
,
19-2.5-1103 (1)(l) or (6)
,
19-2.5-1108 (2)(a)(VIII) or (2)(a)(IX)
,
19-2.5-1119 (1)
, or
19-2.5-1120
, other than payments required pursuant to Title IV of the federal "Social Security Act", against a juvenile, the parent or guardian of a juvenile, or other person who is liable for the support of a juvenile who was adjudged a ward of the juvenile court are unenforceable and not collectable.
(2)
(a)
Within six months after the effective date of section
19-2-115
, as enacted by House Bill 21-1315, the court shall vacate the portion of a court order imposing the costs described in subsection (1) of this section.
(b)
If the judicial department has referred the outstanding balance of the costs to a private collection agency for collection, the department shall inform the agency that the balance has been vacated and the balance is not collectable.
(c)
On or before July 1, 2022, the state court administrator shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, the number of orders vacated or partially vacated pursuant to this section, or section
19-2-115
prior to its repeal in 2021, in each judicial district and the amount of the balances vacated in each judicial district.
(3)
This section is repealed, effective June 30, 2025.
Added by 2021 Ch. 461, § 31, eff. 10/1/2021.
L. 2021: Entire section added, (HB 21-1315), ch. 3119, p. 3119, § 31, effective October 1.
Section 36 of chapter 461 (HB 21-1315), Session Laws of Colorado 2021, provides that the act adding 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. SB 21-059 became law, and both bills have an effective date of 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 2 - INVESTIGATIONS AND LAW ENFORCEMENT (§§ 19-2.5-201 — 19-2.5-209) › Section 19-2.5-201 - Preliminary investigation

(1)
Whenever it appears to a law enforcement officer or any other person that a juvenile is or appears to be within the court's jurisdiction, as provided in section
19-2.5-103
, the law enforcement officer or other person may refer the matter conferring or appearing to confer jurisdiction to the district attorney, who shall determine whether the interests of the juvenile or of the community require further action.
(2)
Upon the district attorney's request, the matter may be referred to any agency for an investigation and recommendation.
Renumbered from C.R.S. §
19-2-510
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 567, p. 567, § 2, effective October 1.
This section is similar to former § 19-2-510 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 2 - INVESTIGATIONS AND LAW ENFORCEMENT (§§ 19-2.5-201 — 19-2.5-209) › Section 19-2.5-202 - Consent to search

In determining the voluntariness of a juvenile's consent to a search or seizure, the court shall consider the totality of the circumstances.
Renumbered from C.R.S. §
19-2-506
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 567, p. 567, § 2, effective October 1.
This section is similar to former § 19-2-506 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 2 - INVESTIGATIONS AND LAW ENFORCEMENT (§§ 19-2.5-201 — 19-2.5-209) › Section 19-2.5-204 - Issuance of a lawful warrant taking a juvenile into custody

(1)
A lawful warrant taking a juvenile into custody may be issued pursuant to this section by any judge of a court of record or by a juvenile magistrate upon receipt of an affidavit relating facts sufficient to establish probable cause to believe that a delinquent act has been committed and probable cause to believe that a particular juvenile committed that act. Upon receipt of such affidavit, the judge or magistrate shall issue a lawful warrant commanding any peace officer to take the juvenile named in the affidavit into custody and to take the juvenile without unnecessary delay before the nearest judge of the juvenile court or magistrate pursuant to section
19-2.5-305 (4)(e)(I)
.
(2)
Upon filing of a petition in the juvenile court, the district attorney may request a warrant to issue that authorizes the taking of a juvenile into temporary custody. If a warrant is requested, the petition must be accompanied by a verified affidavit relating facts sufficient to establish probable cause that the juvenile has committed the delinquent act set forth in the petition.
(3)
A warrant for the arrest of a juvenile for violation of the conditions of probation or of a bond may be issued by any judge of a court of record or juvenile magistrate upon the report of a juvenile probation officer or upon the verified complaint of any person, establishing to the satisfaction of the judge or juvenile magistrate probable cause to believe that a condition of probation or of a bond has been violated and that the arrest of the juvenile is reasonably necessary. The warrant may be executed by any juvenile probation officer or by a peace officer authorized to execute warrants in the county in which the juvenile is found. If the warrant is for a juvenile found in contempt of court in a truancy proceeding, the court shall follow the procedures set forth in section
22-33-108 (7)
.
Renumbered from C.R.S. §
19-2-503
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2021 Ch. 463, § 1, eff. 7/6/2021.
Amended by 2019 Ch. 294, § 25, eff. 7/1/2019.
Amended by 2018 Ch. 378, § 7, eff. 8/8/2018.
L. 2021: (3) amended, (SB 21-071), ch. 3333, p. 3333, § 1, effective July 6; entire article added with relocations, (SB 21-059), ch. 569, p. 569, § 2, effective October 1.
(1) This section is similar to former § 19-2-503 as it existed prior to 2021.
(2) Subsection (3) was numbered as
19-2-503(3)
in SB 21-071 (see L. 2021, p. 3333 ). That provision was harmonized with subsection (3) of this section as it appears in SB 21-059.
For the legislative declaration in HB 18-1156, see section 1 of chapter 378, 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 2 - INVESTIGATIONS AND LAW ENFORCEMENT (§§ 19-2.5-201 — 19-2.5-209) › Section 19-2.5-205 - Search warrants - issuance - grounds

(1)
A search warrant authorized by this section may be issued by any judge of a court of record or by a juvenile magistrate.
(2)
A search warrant may be issued pursuant to this section to search for and seize any property:
(a)
That is stolen or embezzled; or
(b)
That is designed or intended for use as a means of committing a delinquent act; or
(c)
That is or has been used as a means of committing a delinquent act; or
(d)
The possession of which is illegal; or
(e)
That would be material evidence in a subsequent criminal prosecution or delinquency adjudication in this state or in another state; or
(f)
The seizure of which is expressly required, authorized, or permitted by any statute of this state; or
(g)
That is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health.
Renumbered from C.R.S. §
19-2-504
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 570, p. 570, § 2, effective October 1.
This section is similar to former § 19-2-504 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 2 - INVESTIGATIONS AND LAW ENFORCEMENT (§§ 19-2.5-201 — 19-2.5-209) › Section 19-2.5-206 - Search warrants - application

(1)
A search warrant shall issue only on affidavit sworn to or affirmed before the judge or juvenile magistrate and relating facts sufficient to:
(a)
Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;
(b)
Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;
(c)
Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist; and
(d)
Establish probable cause to believe that the property to be searched for, seized, or inspected is located at, in, or upon the premises, person, place, or thing to be searched.
(2)
The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the warrant. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a search warrant must be attached to the search warrant filed with the court.
(3)
The supreme court may establish rules for procedures governing application for and issuance of search warrants consistent with this section.
Renumbered from C.R.S. §
19-2-505
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 570, p. 570, § 2, effective October 1.
This section is similar to former § 19-2-505 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 2 - INVESTIGATIONS AND LAW ENFORCEMENT (§§ 19-2.5-201 — 19-2.5-209) › Section 19-2.5-207 - Fingerprinting - juvenile under arrest - ordered by court - definition

(1)
For purposes of this section, "juvenile" means any juvenile who is charged with committing, summoned, or held in detention for committing a delinquent act that constitutes a felony, a class 1 misdemeanor, or a misdemeanor pursuant to section
42-4-1301
or a crime, the underlying factual basis of which included an act of domestic violence, as defined in section
18-6-800.3 (1)
, as if committed by an adult.
(2)
(a)
Any juvenile detained pursuant to this article 2.5 must be fingerprinted by the entity authorized by the court or the local law enforcement agency to obtain fingerprints, except for juvenile detention centers and alternative service programs, otherwise known as "SB 91-94 programs", described in section
19-2.5-606
. Such entity or local agency shall forward a set of the juvenile's fingerprints to the Colorado bureau of investigation in the form and manner prescribed by the bureau.
(b)
Any fingerprints required by this section to be forwarded to the Colorado bureau of investigation must be forwarded within twenty-four hours after completion of the fingerprinting, excluding Saturdays, Sundays, and legal holidays.
Renumbered from C.R.S. §
19-2-503.5
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 571, p. 571, § 2, effective October 1.
This section is similar to former § 19-2-503.5 (1), (2), and (4) 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 2 - INVESTIGATIONS AND LAW ENFORCEMENT (§§ 19-2.5-201 — 19-2.5-209) › Section 19-2.5-209 - Taking juvenile into custody

(1)
A juvenile may be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe that the juvenile has committed a delinquent act.
(2)
A juvenile may be taken into temporary custody by a law enforcement officer executing a lawful warrant taking a juvenile into custody issued pursuant to section
19-2.5-204
.
(3)
A juvenile probation officer may take a juvenile into temporary custody:
(a)
Under the circumstances stated in subsection (1) of this section; or
(b)
If the juvenile has violated the conditions of probation and is under the continuing jurisdiction of the juvenile court.
(4)
A juvenile may be detained temporarily by an adult other than a law enforcement officer if the juvenile has committed or is committing a delinquent act in the presence of such adult. Any person detaining a juvenile shall notify, without unnecessary delay, a law enforcement officer, who shall assume custody of said juvenile.
(5)
The taking of a juvenile into temporary custody pursuant to this section is not an arrest, nor does it constitute a police record.
Renumbered from C.R.S. §
19-2-502
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 573, p. 573, § 2, effective October 1.
This section is similar to former § 19-2-502 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 3 - DETENTION (§§ 19-2.5-301 — 19-2.5-306) › Section 19-2.5-301 - Legislative declaration

The general assembly declares that the placement of children and juveniles in a detention facility exacts a negative impact on the mental and physical well-being of the child or juvenile, and such detention may make it more likely that the child or juvenile will reoffend. Children and juveniles who are detained are more likely to penetrate deeper into the juvenile justice system than similar children or juveniles who are not detained, and community-based alternatives to detention should be based on the principle of using the least-restrictive setting possible and returning a child or juvenile to his or her home, family, or other responsible adult whenever possible consistent with public safety. It is the intent of the general assembly in adopting section
19-2.5-304
and amending sections
19-2.5-303
,
19-2.5-305
, and
19-2.5-1404
to limit the use of detention to only those children and juveniles who pose a substantial risk of serious harm to others or that are a flight risk from prosecution.
Renumbered from C.R.S. §
19-2-211.5
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Added by 2019 Ch. 294, § 4, eff. 7/1/2019.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 573, p. 573, § 2, effective October 1.
This section is similar to former § 19-2-211.5 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 4 - DIVERSION (§§ 19-2.5-401 — 19-2.5-403) › Section 19-2.5-401 - Diversion

As an alternative to a petition filed pursuant to section
19-2.5-502
, an adjudicatory trial pursuant to part 9 of this article 2.5, or disposition of a juvenile delinquent pursuant to section
19-2.5-1103
, the district attorney may agree to allow a juvenile to participate in a diversion program established in accordance with section
19-2.5-402
.
Renumbered from C.R.S. §
19-2-704
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 589, p. 589, § 2, effective October 1.
This section is similar to former § 19-2-704 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 4 - DIVERSION (§§ 19-2.5-401 — 19-2.5-403) › Section 19-2.5-403 - Juvenile diversion cash fund - creation

(1)
Fifty percent of the money collected pursuant to section
18-4-509 (2)(a)
must be transmitted to the state treasurer, who shall credit the same to the juvenile diversion cash fund, which fund is created and referred to in this section as the "fund". The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the juvenile diversion program pursuant to section
19-2.5-402
.
(2)
The division of criminal justice of the department of public safety, referred to in this section as the "division of criminal justice", is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of implementing the juvenile diversion program pursuant to section
19-2.5-402
. All private and public money received through gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund.
(3)
Any money in the fund not expended for the purpose of the juvenile diversion program may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund.
(4)
Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund and must not be credited or transferred to the general fund or another fund.
Renumbered from C.R.S. §
19-2-303.5
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 593, p. 593, § 2, effective October 1.
This section is similar to former § 19-2-303.5 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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-601 - Appointment of guardian ad litem

The court may appoint a guardian ad litem pursuant to section
19-1-111
for a juvenile in a proceeding brought pursuant to this article 2.5.
Added by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 599, p. 599, § 2, effective October 1.
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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-602 - General procedure for juvenile hearings

(1)
The Colorado rules of juvenile procedure apply in all proceedings conducted pursuant to this article 2.5.
(2)
Hearings must be held before the court without a jury, except as set forth in sections
19-2.5-610
and
19-2.5-503 (3)
, and may be conducted in an informal manner.
(3)
A verbatim record must be taken of all proceedings, including any hearing conducted by a magistrate.
(4)
When more than one juvenile is named in a petition or individual petitions are filed against more than one juvenile alleging delinquent acts arising from the same delinquent episode, any proceedings, including trials, may be consolidated.
(5)
Juvenile cases must be heard separately from adult cases, and the juvenile or the juvenile's parents, guardian, or other custodian may be heard separately when deemed necessary by the court.
(6)
The juvenile's parent, guardian, or legal custodian is required to attend all proceedings, including all hearings, concerning the juvenile. Failure, without good cause, to attend a proceeding concerning the juvenile may subject the parent, guardian, or legal custodian to contempt sanctions; except that, if the juvenile's legal custodian is a county department of human or social services or the state department of human services, the legal custodian need not attend any proceeding at which the juvenile's guardian ad litem is present.
Renumbered from C.R.S. §
19-2-109
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 599, p. 599, § 2, effective October 1.
This section is similar to former § 19-2-109 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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-603 - [Repealed]

Repealed by 2022 Ch. 191, § 8, eff. 7/15/2022.
Renumbered from C.R.S. §
19-2-509
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 600, p. 600, § 2, effective October 1.
This section is similar to former § 19-2-509 (9) as it existed prior to 2021.
Amended by 2021 Ch. 463, § 3, eff. 7/6/2021.
Amended by 2019 Ch. 293, § 7, eff. 8/2/2019.
Amended by 2019 Ch. 294, § 12, eff. 7/1/2019.
Amended by 2016 Ch. 210, § 30, eff. 6/6/2016.
Amended by 2013 Ch. 202, § 11, eff. 5/11/2013.
L. 96: Entire article amended with relocations, p. 1634, § 1, effective January 1, 1997. L. 99: (7) and (8) added, pp. 1373, 1374, §§ 6, 8, effective July 1. L. 2001: (4)(b) amended, p. 137, § 2, effective July 1. L. 2013: (4)(a) amended, (HB 13-1236), ch. 202, p. 843, § 11, effective May 11. L. 2016: (3) amended, (SB 16-189), ch. 210, p. 760, § 30, effective June 6.
This section was formerly numbered as
19-2-205
. Prior to relocation in 1996, the said section
19-2-205
was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in
19-2-103
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-604 - Open hearings

The general public must not be excluded from hearings held pursuant to this article 2.5 unless the court determines that it is in the best interest of the juvenile or of the community to exclude the general public. In such event, the court shall admit only such persons as have an interest in the case or work of the court, including persons whom the district attorney, the juvenile, or the juvenile's parents or guardian wishes to be present.
Renumbered from C.R.S. §
19-2-110
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 600, p. 600, § 2, effective October 1.
This section is similar to former § 19-2-110 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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-607 - Mandatory protection order

(1)
(a)
A mandatory protection order is created against any juvenile charged with the commission of a delinquent act and the juvenile's parents or legal guardian. The order remains in effect from the time that the juvenile is advised of the juvenile's rights and informed of the order at the juvenile's first appearance before the court until final disposition of the action or, in the case of an appeal, until disposition of the appeal. The order restrains the juvenile and the juvenile's parents or legal guardian from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the delinquent act charged.
(b)
The protection order issued pursuant to this section must be on a standardized form prescribed by the judicial department, and a copy must be provided to the protected parties.
(2)
At the time of the juvenile's first appearance before the court, the court shall inform the juvenile and the juvenile's parents or legal guardian of the protection order effective pursuant to this section and shall also inform the juvenile and the juvenile's parents or legal guardian that a violation of such order is punishable as contempt of court.
(3)
Nothing in this section precludes the juvenile or the juvenile's parents or legal guardian from applying to the court at any time for modification or dismissal of the protection order issued pursuant to this section or the district attorney from applying to the court at any time for additional provisions under the protection order, modification of the order, or dismissal of the order. The trial court shall retain jurisdiction to enforce, modify, or dismiss the protection order during the pendency of any appeal that may be brought.
(4)
The duties of peace officers enforcing orders issued pursuant to this section are in accordance with section
18-6-803.5
and any rules adopted by the Colorado supreme court pursuant to said section.
Renumbered from C.R.S. §
19-2-707
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 604, p. 604, § 2, effective October 1.
This section is similar to former § 19-2-707 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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-608 - Fingerprinting - ordered by court - definition

(1)
For purposes of this section, "juvenile" means any juvenile who is charged with committing, summoned, or held in detention for committing a delinquent act that constitutes a felony, a class 1 misdemeanor, or a misdemeanor pursuant to section
42-4-1301
or a crime, the underlying factual basis of which included an act of domestic violence, as defined in section
18-6-800.3 (1)
, as if committed by an adult.
(2)
If a juvenile has not been fingerprinted prior to the juvenile's first appearance before the court, the court shall order the juvenile to report to an entity authorized by the court or the local law enforcement agency for fingerprinting, except for juvenile detention centers and alternative service programs, otherwise known as "SB 91-94 programs", described in section
19-2.5-606
. The authorized entity or local law enforcement agency shall endorse upon a copy of the order the completion of the fingerprinting and return the same to the court. The authorized entity or local law enforcement agency shall forward a set of fingerprints ordered pursuant to this subsection (2) to the Colorado bureau of investigation in the form and manner prescribed by the bureau.
(3)
Any fingerprints required by this section to be forwarded to the Colorado bureau of investigation must be forwarded within twenty-four hours after completion of the fingerprinting, excluding Saturdays, Sundays, and legal holidays.
Renumbered from C.R.S. §
19-2-503.5
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 605, p. 605, § 2, effective October 1.
This section is similar to former § 19-2-503.5 (1), (3), and (4) as it existed prior to 2021.
L. 2000: Entire section added, p. 653, § 1, effective May 19.
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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-610 - Right to jury trial

(1)
In any action in delinquency in which a juvenile is alleged to be an aggravated juvenile offender, as described in section
19-2.5-1125
, or is alleged to have committed an act that would constitute a crime of violence, as defined in section
18-1.3-406
, if committed by an adult, the juvenile or the district attorney may demand a trial by a jury of not more than six persons, except as provided in section
19-2.5-503 (3)(a)
, or the court, on its own motion, may order the jury to try any case brought pursuant to this title 19, except as provided in subsection (2) of this section.
(2)
The juvenile is not entitled to a trial by jury when the petition alleges a delinquent act that is a misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a violation of a court order.
(3)
Unless a jury is demanded pursuant to subsection (1) of this section, it is deemed waived.
(4)
Notwithstanding any other provisions of this article 2.5, in any action in delinquency in which a juvenile requests a jury pursuant to this section, the juvenile is deemed to have waived the sixty-day requirement for holding the adjudicatory trial established in section
19-2.5-902
. In such a case, 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.
Renumbered from C.R.S. §
19-2-107
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 607, p. 607, § 2, effective October 1.
This section is similar to former § 19-2-107 as it existed prior to 2021.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-611 - Contempt - warrant - legislative declaration

(1)
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.
(2)
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.
(3)
(a)
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.
(b)
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.
(c)
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:
(I)
Does not have physical custody of the juvenile and resides outside of Colorado;
(II)
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
(III)
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.
(d)
The nonappearance of the parent, guardian, or person with whom the juvenile resides is not the basis for a continuance.
(e)
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
.
(f)
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.
(g)
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.
Renumbered from C.R.S. §
19-2-515
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 607, p. 607, § 2, effective October 1.
This section is similar to former § 19-2-515 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 6 - COURT PROCEEDINGS (§§ 19-2.5-601 — 19-2.5-613) › Section 19-2.5-613 - Advisement of services

(1)
For any juvenile who is sixteen years of age or older, before terminating jurisdiction, the court shall advise the juvenile that:
(a)
If the juvenile was in foster care at sixteen years of age or older, or in noncertified kinship care and adjudicated dependent and neglected, then the juvenile has the right to begin voluntarily receiving child welfare services on or after reaching eighteen years of age through the foster youth in transition program, established in part 3 of article
7
of this title 19, until the juvenile's twenty-first birthday, or such greater age of foster care eligibility as required by federal law;
(b)
The foster youth in transition program provides the juvenile with access to financial support for housing and other services, as outlined in section
19-7-305
; and
(c)
If the juvenile is eligible for the foster youth in transition program, the juvenile has the right to counsel through the office of the child's representative.
Added by 2022 Ch. 88, § 2, eff. 8/10/2022.
2022 Ch. 88, 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 7 - COMPETENCY TO PROCEED (§§ 19-2.5-701 — 19-2.5-707) › Section 19-2.5-701 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
The juvenile justice system is civil in nature and focused on rehabilitation rather than punishment;
(b)
Juveniles differ in significant and substantive ways from adults; therefore, different standards for competency are necessary for juveniles and adults; and
(c)
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.
Renumbered from C.R.S. §
19-2-1300.2
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
Added by 2018 Ch. 56,§2, eff. 7/1/2018.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 610, p. 610, § 2, effective October 1.
This section is similar to former § 19-2-1300.2 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 19-2.5-701.5 - Definitions

As used in this part 7, unless the context otherwise requires:
(1)
"Competency evaluation" means an evaluation conducted by a competency evaluator that meets the requirements described in section
19-2.5-703 (4)
. "Competency evaluation" includes both court-ordered evaluations performed by the department and second evaluations.
(2)
"Competency evaluator" means an individual with the qualifications described in section
19-2.5-703 (4)(b)
.
(3)
"Competency hearing" means an initial hearing to determine whether a juvenile is competent to proceed.
(4)
"Competent to proceed" means that a juvenile has the sufficient present ability to consult with the juvenile's attorney, with a reasonable degree of rational understanding, to assist the attorney in the juvenile's defense, and that the juvenile has a rational as well as factual understanding of the proceedings.
(5)
"Incompetent to proceed" means that, based on an intellectual or developmental disability, mental health disorder, or lack of mental capacity, a juvenile does not have sufficient present ability to consult with the juvenile's attorney with a reasonable degree of rational understanding in order to assist the attorney in the juvenile's defense or that the juvenile does not have a rational as well as a factual understanding of the proceedings.
(6)
"Restoration evaluation" means an evaluation conducted by a competency evaluator to determine if the juvenile has become competent to proceed or will be able to be restored to competency in the reasonably foreseeable future. "Restoration evaluation" includes both court-ordered evaluations by the department and second evaluations.
(7)
"Restoration progress review hearing" means a hearing in which the juvenile's progress in restoration to competency education and other applicable services is reviewed, based on restoration education, treatment records, and any prior competency evaluation reports.
(8)
"Restoration to competency hearing" means a hearing to determine whether a juvenile who has previously been determined to be incompetent to proceed is now competent to proceed.
(9)
"Second evaluation" means an evaluation in response to a court-ordered competency evaluation or court-ordered restoration evaluation requested by the juvenile that is performed by a competency evaluator and that is not performed by, under the direction of, or paid for by the department.
Added by 2023 Ch. 205,§ 2, 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 7 - COMPETENCY TO PROCEED (§§ 19-2.5-701 — 19-2.5-707) › Section 19-2.5-702 - Incompetent to proceed - effect - how and when raised

(1)
This part 7 applies only to proceedings brought pursuant to this title 19.
(2)
A juvenile must not be tried or sentenced if the juvenile is incompetent to proceed, as defined in section
19-2.5-701.5
, at that stage of the proceedings. Juveniles, like adults, are presumed competent to proceed, as defined in section
19-2.5-701.5
, 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.
(3)
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:
(a)
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
;
(b)
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.
(c)
By the juvenile's parent or legal guardian.
(4)
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.
Amended by 2023 Ch. 205,§ 3, eff. 8/7/2023.
Renumbered from C.R.S. §
19-2-1301
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2018 Ch. 56, § 3, eff. 7/1/2018.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 610, p. 610, § 2, effective October 1.
This section is similar to former § 19-2-1301 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 (2), see section 1 of chapter 389, Session Laws of Colorado 2008.