(1) Subject to any applicable rules of the Colorado supreme court, the supervising court shall be responsible for establishing procedures for any teen court program under its jurisdiction, including but not limited to:
The use of its courtroom and other facilities during times when they are not requiredfor other court business;
The approval of teen court judges;
The collection of a fee from any teen defendant;
The range of sentencing options that may be imposed upon a teen defendant thatshall not include a term of imprisonment nor the payment of restitution but may include:
Community service supervised by the supervising court;
Participation in law-related education classes, counseling, treatment, or other programs; or
Participation as a juror or other teen court member in proceedings involving teendefendants.
(2) Whenever a teen, as a condition of a deferred judgment, has been ordered to participate in a teen court program, the teen and his or her parent or legal guardian shall be ordered to appear at a teen court sentencing hearing. The teen court judge shall preside over the sentencing hearing. The teen defendant may represent himself or herself or be represented by a teen defense attorney. The following procedures shall be followed at the teen court sentencing hearing:
The teen court judge shall select a teen jury.
The teen prosecutor and either the teen defendant or teen defense attorney may question the jury on their knowledge of the defendant or the facts of the offense for which the teen defendant was charged.
The teen court judge may order that a teen juror be replaced if the judge finds that thejuror may be biased.
The teen prosecutor and either the teen defendant or teen defense attorney may makean opening statement.
The teen defendant shall be subject to cross examination by the teen prosecutor concerning the circumstances or facts surrounding the offense or the character of the teen defendant and may either make a statement or be subject to direct examination by the teen defense attorney.
Each side may offer witnesses and documents concerning the circumstances or factssurrounding the offense or the character of the teen defendant.
The teen prosecutor and either the teen defendant or teen defense attorney may makea closing statement.
Unless otherwise ordered by the teen court judge, the teen jury shall deliberate inprivate and shall unanimously agree upon the sentence to be imposed against the teen defendant, pursuant to guidelines adopted by the court.
If the jury is unable to unanimously agree on a sentence, then the teen court judgeshall impose the sentence, pursuant to guidelines adopted by the court.
(3) The teen court judge shall enter a written order that:
Orders the teen defendant to complete the sentence imposed by the teen jury;
Orders the teen defendant to submit a written report to the teen court judge withinthree months after the sentencing hearing showing satisfactory completion of the terms of the sentence; and
Notifies the teen defendant that if the teen court judge does not receive the writtenreport within the time required, the teen court judge shall file with the supervising court a report stating that the teen defendant has not satisfactorily completed the teen court program.
(4) Within six months after the order for deferred judgment, the teen court judge shall file a written report with the supervising court notifying the court whether the teen defendant has satisfactorily completed the teen court program.
Source: L. 97: Entire part added, p. 1597, § 1, effective August 6.