(1) Except as otherwise provided in subsection (1.5) of this section, in any case in which the juvenile has agreed with the district attorney to enter a plea of guilty, the court, with the consent of the juvenile and the district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period not to exceed one year from the date of entry of the order deferring adjudication. The court may continue the case for an additional one-year period for good cause.
(1.5) In a case in which the juvenile has agreed with the district attorney to enter a plea of guilty, resulting in a conviction as defined in section 16-22-102 (3), C.R.S., for unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., the court, with the consent of the juvenile and district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period of time not to exceed two years from the date of the order deferring adjudication. Upon a showing of good cause, the court may continue the case for additional time, not to exceed five years from the date of the order deferring adjudication.
Any juvenile granted a deferral of adjudication under this section may be placedunder the supervision of a probation department. The court may impose any conditions of supervision that it deems appropriate that are stipulated to by the juvenile and the district attorney.
Upon full compliance with such conditions of supervision, the plea of the juvenile orthe finding of guilt by the court shall be withdrawn and the case dismissed with prejudice.
(3.5) Application for entry of adjudication and imposition of sentence may be made by the district attorney or a probation officer at any time within the term of the deferred adjudication or within thirty-five days thereafter.
If the juvenile fails to comply with the terms of supervision, the court shall enter anorder of adjudication and proceed to sentencing under section 19-2-906. Such lack of compliance shall be a matter to be determined by the court without a jury, upon written application of the district attorney or probation department. At least five days' notice shall be given to the juvenile and his or her parents, guardian, or legal custodian. The burden of proof shall be the same as if the matter were being heard as a probation revocation proceeding.
If the juvenile agrees to a deferral of adjudication, he or she waives all rights to aspeedy trial and sentencing.
Source: L. 96: Entire article amended with relocations, p. 1655, § 1, effective January 1, 1997. L. 2012: (1) amended and (1.5) added, (HB 12-1310), ch. 268, p. 1399, § 18, effective June 7. L. 2013: (3.5) added, (SB 13-229), ch. 272, p. 1431, § 13, effective July 1.
Editor's note: This section was formerly numbered as 19-2-702.