(1) The court shall sentence a juvenile adjudicated as a special offender as follows:
(a) Mandatory sentence offender. The court shall place or commit any juvenile adjudicated as a mandatory sentence offender, as described in section 19-2-516 (1), out of the home for not less than one year, unless the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate; except that:
If the person adjudicated as a mandatory sentence offender is eighteen years of age orolder on the date of the sentencing hearing, the court may sentence that person to the county jail or to a community correctional facility or program for a period not to exceed two years, if such person has been adjudicated a mandatory sentence offender pursuant to this article for acts committed prior to such person's eighteenth birthday; or
The juvenile or person may be released by the committing judge upon a showing ofexemplary behavior.
(b) Repeat juvenile offender. The court shall sentence any juvenile adjudicated as a repeat juvenile offender, as described in section 19-2-516 (2), out of the home for not less than one year, unless the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate; except that:
If the person adjudicated as a repeat juvenile offender is eighteen years of age orolder on the date of the sentencing hearing, the court may sentence that person to the county jail or to a community correctional facility or program for a period not to exceed two years, if such person has been adjudicated a repeat juvenile offender pursuant to this article for acts committed prior to such person's eighteenth birthday; or
The juvenile or person may be released by the committing judge upon a showing ofexemplary behavior.
(c) Violent juvenile offender. (I) (A) Upon adjudication as a violent juvenile offender, as described in section 19-2-516 (3), the juvenile shall be placed or committed out of the home for not less than one year; except that this sub-subparagraph (A) shall not apply to a juvenile who is ten years of age or older, but less than twelve years of age, when the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate.
(B) Upon adjudication as a violent juvenile offender, if the person is eighteen years of age or older on the date of the sentencing hearing, the court may sentence such person to the county jail or to a community correctional facility or program for a period not to exceed two years, if such person has been adjudicated a violent juvenile offender pursuant to this article for acts committed prior to such person's eighteenth birthday.
(II) The court may commit a violent juvenile offender to the department of human services. The court may impose a minimum sentence during which the juvenile shall not be released from a residential program without prior written approval of the court that made the commitment.
(d) Aggravated juvenile offender. The court shall sentence an aggravated juvenile offender as provided in section 19-2-601.
Source: L. 96: Entire article amended with relocations, p. 1661, § 1, effective January 1, 1997. L. 99: (1)(b) amended, p. 1372, § 4, effective July 1.
Editor's note: This section was formerly numbered as 19-2-801 (2), 19-2-802 (2), and 19-2-803 (2) and (3). Prior to relocation in 1996, these sections were contained in a title that was repealed and reenacted in 1987. Provisions of these sections, as they existed in 1987, were contained in several sections in 1986, the year prior to the repeal and reenactment of this title. For a detailed comparison, see the "Children's Code (1987)" table located in the back of the index.