(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:
Twelve or thirteen years of age at the time of the commission of the alleged offenseand 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, C.R.S.; or
Fourteen years of age or older at the time of the commission of the alleged offenseand 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.
A petition may be transferred from the juvenile court to the district court only after ahearing as provided in this section.
If the crime alleged to have been committed is a felony defined by section 18-8-208,C.R.S., and no other crime is alleged to have been committed and the juvenile has been adjudicated a juvenile delinquent for a delinquent act which 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 such charge to the district court pursuant to paragraph (a) of this subsection (1).
(I) Except as otherwise provided in subparagraph (II) of this paragraph (d), in casesin which criminal charges are transferred to the district court pursuant to the provisions of this section, the judge of the district court shall sentence the juvenile pursuant to the provisions of section 18-1.3-401, C.R.S., if the juvenile is:
Convicted of a class 1 felony;
Convicted of a crime of violence, as defined in section 18-1.3-406, C.R.S.; or
Convicted of any other criminal charge specified in paragraph (a) of this subsection(1) and the juvenile was previously adjudicated a mandatory sentence offender, a violent juvenile offender, or an aggravated juvenile offender.
(II) In cases in which criminal charges are transferred to the district court pursuant to the provisions of this section, the judge of the district court may sentence to the youthful offender system created in section 18-1.3-407, C.R.S., any juvenile who would otherwise be sentenced pursuant to the provisions of subparagraph (I) of this paragraph (d); except that a juvenile shall be ineligible for sentencing to the youthful offender system if the juvenile is convicted of:
A class 1 felony;
to (D) (Deleted by amendment, L. 2010, (HB 10-1413), ch. 264, p. 1203, § 2, effective August 11, 2010.)
(E) Any sexual offense described in section 18-6-301 or 18-6-302, C.R.S., or part 4 of article 3 of title 18, C.R.S.
In cases in which criminal charges are transferred to the district court pursuant tothe provisions of this section and the juvenile is not eligible for sentencing pursuant to subparagraph (I) of this paragraph (d), the judge of the district court shall have the power to make any disposition of the case that any juvenile court would have or to remand the case to the juvenile court for disposition at its discretion.
If, following transfer of criminal charges to the district court pursuant to this section, a juvenile is convicted of a lesser included offense for which criminal charges could not originally have been transferred to the district court, the court shall sentence the juvenile pursuant to the provisions of this article.
(d.5) (Deleted by amendment, L. 2010, (HB 10-1413), ch. 264, p. 1203, § 2, effective August 11, 2010.)
(e) Whenever a juvenile under the age of fourteen years is sentenced pursuant to section 18-1.3-401, C.R.S., as provided in paragraph (d) of this subsection (1), 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 shall be transferred to an appropriate facility operated by the department of corrections for the completion of the juvenile's sentence.
After filing charges in the juvenile court but prior to the time that the juvenile courtconducts 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 19-2-517. Upon said filing or indictment in the district court, the juvenile court shall no longer have jurisdiction over proceedings concerning said charges.
At the transfer hearing, the court shall consider:
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
Whether the interests of the juvenile or of the community would be better served bythe juvenile court's waiving its jurisdiction over the juvenile and transferring jurisdiction over him or her to the district court.
(4) (a) The hearing shall be conducted as provided in section 19-1-106, and the court shall make certain that the juvenile and his or her parents, guardian, or legal custodian have been fully informed of their right to be represented by counsel.
(b) In considering whether or not to waive juvenile court jurisdiction over the juvenile, the juvenile court shall consider the following factors:
The seriousness of the offense and whether the protection of the community requiresisolation of the juvenile beyond that afforded by juvenile facilities;
Whether the alleged offense was committed in an aggressive, violent, premeditated,or willful manner;
Whether the alleged offense was against persons or property, greater weight beinggiven to offenses against persons;
The maturity of the juvenile as determined by considerations of the juvenile's home,environment, emotional attitude, and pattern of living;
The record and previous history of the juvenile;
The likelihood of rehabilitation of the juvenile by use of facilities available to thejuvenile court;
The interest of the community in the imposition of a punishment commensuratewith the gravity of the offense;
The impact of the offense on the victim;
That the juvenile was twice previously adjudicated a delinquent juvenile for delinquent acts that constitute felonies;
That the juvenile was previously adjudicated a juvenile delinquent for a delinquentact that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S.;
That the juvenile was previously committed to the department of human servicesfollowing an adjudication for a delinquent act that constitutes a felony;
That the juvenile is sixteen years of age or older at the time of the offense and thepresent act constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S.;
That the juvenile is sixteen years of age or older at the time of the offense and hasbeen twice previously adjudicated a juvenile delinquent for delinquent acts against property that constitute felonies; and
That the juvenile used, or possessed and threatened the use of, a deadly weapon inthe commission of a delinquent act.
The amount of weight to be given to each of the factors listed in paragraph (b) of thissubsection (4) 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 shall 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.
The insufficiency of evidence pertaining to any one or more of the factors listed inparagraph (b) of this subsection (4) shall not in and of itself be determinative of the issue of waiver of juvenile court jurisdiction.
Repealed.
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, his or her 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 crossexamination.
(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 shall be null and void if the district attorney fails to file an information in the criminal division of the district court within five days of 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 as provided in this article.
(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 shall continue in full force and effect unless modified by order of the district court.
(8) 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 as provided in part 8 of this article.
Source: L. 96: Entire article amended with relocations, p. 1642, § 1, effective January 1, 1997. L. 99: (1)(d) amended, p. 1370, § 2, effective July 1. L. 2002: (1)(a)(I)(A), (1)(d)(I), (1)(d)(II), (1)(e), (4)(b)(X), and (4)(b)(XII) amended, p. 1525, § 229, effective October 1. L. 2006: (1)(a)(I) amended, p. 423, § 7, effective April 13. L. 2008: (1)(d.5) added, p. 1506, § 2, effective May 28. L. 2010: (1)(d)(II)(B), (1)(d)(II)(C), (1)(d)(II)(D), (1)(d.5), and (5) amended, (HB 10-1413), ch. 264, p. 1203, § 2, effective August 11. L. 2012: (5) repealed, (HB 12-1271), ch. 128, p. 445, § 2, effective April 20.
Editor's note: This section was formerly numbered as § 19-2-806. Prior to relocation in 1996, the said § 19-2-806 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 §§ 19-1-104 and 19-3-108 as said sections existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: 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.