(1) (a) After making a finding of guilt, the court shall hear evidence on the question of the proper disposition best serving the interests of the juvenile and the public. Such evidence shall include, but not necessarily be limited to, the social study and other reports as provided in section 19-1-107.
(b) In those cases in which the juvenile is adjudicated a juvenile delinquent for an act that constitutes unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., the court shall consider the juvenile's previous criminal and juvenile delinquency records, if any, set forth in the presentence investigation report prepared pursuant to section 19-2-905 (1)(b) in determining the proper disposition for the juvenile and the public.
If the court has reason to believe that the juvenile may have an intellectual and developmental disability, the court shall refer the juvenile to the community-centered board in the designated service area where the action is pending for an eligibility determination pursuant to article 10.5 of title 27. If the court has reason to believe that the juvenile may have a behavioral or mental health disorder, the court shall order a mental health hospital placement prescreening to be conducted in any appropriate place.
(2.5) (a) If the court receives a mental health screening or mental health assessment pursuant to section 19-2-710 determining that the juvenile could benefit from mental health services, or the court already has sufficient information to determine that the juvenile could benefit from mental health services, the court may order mental health services as a part of the disposition.
(b) Repealed.
(3) (a) The court may continue the sentencing hearing, either on its own motion or on the motion of any interested party, for a reasonable period to receive reports or other evidence; except that the court shall determine sentencing within forty-five days following completion of the adjudicatory trial.
If the hearing is continued, the court shall make an appropriate order for detention ofthe juvenile or for his or her release in the custody of his or her parents, guardian, or other responsible person or agency under such conditions of supervision as the court may impose during the continuance.
In scheduling investigations and hearings, the court shall give priority to proceedingsconcerning a juvenile who is in detention or who has otherwise been removed from his or her home before an order of disposition has been made.
(4) In any case in which the sentence is placement out of the home, except for juveniles committed to the department of human services, the court shall, at the time of placement, set a review within ninety days to determine if continued placement is necessary and is in the best interest of the juvenile and of the community. Notice of said review shall be given by the court to all parties and to the director of the facility or agency in which the juvenile is placed and any person who has physical custody of the juvenile and any attorney or guardian ad litem of record.
Source: L. 96: Entire article amended with relocations, p. 1659, § 1, effective January 1, 1997. L. 99: (1) amended, p. 315, § 2, effective July 1. L. 2002: (2) amended, p. 578, § 11, effective May 24; (1)(b) amended, p. 1188, § 26, effective July 1. L. 2006: (2) amended, p. 1401, § 54, effective August 7. L. 2008: (2.5) added, p. 348, § 2, effective July 1. L. 2017: (2) amended, (SB 17-242), ch. 263, p. 1312, § 156, effective May 25.
Editor's note: (1) This section was formerly numbered as § 19-2-701. Prior to relocation in 1996, the said § 19-2-701 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 § 19-3109 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (2.5)(b)(II) provided for the repeal of subsection (2.5)(b), effective July 1, 2011. (See L. 2008, p. 348.)
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.