(1) Unless the district attorney consents, no juvenile charged or accused of having committed a delinquent act that constitutes a felony or a class 1 misdemeanor shall be released without a bond or on a personal recognizance bond, if:
The juvenile has been found guilty of a delinquent act constituting a felony or class 1 misdemeanor within one year prior to his or her detention;
The juvenile is currently at liberty on another bond of any type; or
The juvenile has a delinquency petition alleging a felony pending in any district orjuvenile court for which probable cause has been established.
In lieu of a bond, a juvenile who the court determines poses a substantial risk ofserious harm to others may be placed in a preadjudication service program established pursuant to section 19-2-302.
Any application for the revocation or modification of the amount, type, or conditionsof bail must be made in accordance with section 16-4-109; except that the presumption described in section 19-2-508 (3)(a)(IV) must continue to apply for the purposes of this section.
(a) In determining the type of bond and conditions of release for the juvenile, the judge or magistrate fixing the same shall consider the criteria set forth in section 16-4-103, C.R.S.
(b) In setting, modifying, or continuing any bail bond, it must be a condition that the released juvenile appear at any place and upon any date to which the proceeding is transferred or continued. Further conditions of every bail bond must be that the released juvenile not commit any delinquent acts or harass, intimidate, or threaten any potential witnesses. The judge or magistrate may set any other conditions or limitations on the release of the juvenile as are reasonably necessary for the protection of the community. Any juvenile who is held without bail or whose bail or bail bond is revoked or increased under an order entered at any time after the initial detention hearing pursuant to subsection (3) of this section and who remains in custody or detention, must be tried on the charges on which the bail is denied or the bail or bail bond is revoked or increased within sixty days after the entry of such order or within sixty days after the juvenile's entry of a plea, whichever date is earlier; except that, if the juvenile requests a jury trial pursuant to section 19-2-107, the provisions of section 19-2-107 (4) apply.
A surety or security on a bail bond may be subject to forfeiture only if the juvenilefails to appear for any scheduled court proceedings, of which the juvenile received proper notice.
The court may order that any personal recognizance bond be secured by the personalobligation of the juvenile and his or her parents, guardian, legal custodian, or other responsible adult.
The parent, guardian, or legal custodian for any juvenile released on bond pursuant tothis section or any other responsible adult who secures a personal recognizance bond for a juvenile pursuant to subsection (6) of this section may petition the court, prior to forfeiture or exoneration of the bond, to revoke the bond and remand the juvenile into custody if the parent, guardian, legal custodian, or other responsible adult determines that he or she is unable to control the juvenile. The court shall apply the presumption specified in section 19-2-508 (3)(a)(IV) in determining whether to revoke the bond.
A juvenile may be released on bond or as otherwise provided in this section regardless of whether the juvenile appears in court pursuant to a summons or a warrant.
A juvenile released pursuant to this section and ordered to appear in a court thatparticipates in the court reminder program established in section 13-3-101 (14)(a)(I), and the juvenile's parent, guardian, or legal custodian, must be notified that the juvenile and the juvenile's parent, guardian, or legal custodian can elect to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures, and must be provided the opportunity to provide a mobile telephone number or update a mobile telephone number for that purpose.
Source: 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. L. 2019: (2), (3), (4)(b), and (7) amended, (SB 19-108), ch. 294, p. 2718, § 12, effective July 1; (9) added, (SB 19-036), ch. 293, p. 2688, § 7, effective August 2.
Editor's note: 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.