Issuance of a lawful warrant taking a juvenile into custody.

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(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 him or her without unnecessary delay before the nearest judge of the juvenile court or magistrate as provided in section 19-2-508 (4)(e)(I).

  1. Upon filing of a petition in the juvenile court, the district attorney may request awarrant 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.

  2. A warrant for the arrest of a juvenile for violation of the conditions of probation or ofa bail 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 bail 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).

Source: L. 96: Entire article amended with relocations, p. 1627, § 1, effective January 1, 1997. L. 2018: (3) amended, (HB 18-1156), ch. 378, p. 2288, § 7, effective August 8. L. 2019: (1) amended, (SB 19-108), ch. 294, p. 2728, § 25, effective July 1.

Editor's note: (1) This section was formerly numbered as 19-2-202. Prior to relocation in 1996, the said section 19-2-202 was contained in a title that was repealed and reenacted in 1987.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 19-2101.1 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

(2) The former section 19-2-503 was relocated to section 19-2-805 when this article was amended with relocations in 1996.

Cross references: For the legislative declaration in HB 18-1156, see section 1 of chapter 378, Session Laws of Colorado 2018.


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