(1) Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender and except as provided in subsection (2) of this section, the court may sentence the juvenile to alternative services funded through section 19-2-212 or other alternative services programs. If a juvenile who is thirteen years of age or older fails to make satisfactory progress in the alternative services to which he or she is sentenced or if the court finds that a sentence to alternative services would be contrary to the community interest, the court may sentence any juvenile adjudicated for an offense that would constitute a class 3, class 4, class 5, or class 6 felony or a misdemeanor weapons charge if committed by an adult to detention for a period not to exceed forty-five days. Release for purposes of work, therapy, education, or other good cause may be granted by the court. The court may not sentence to detention any juvenile adjudicated for an offense that would constitute a class 1 or class 2 felony if committed by an adult.
In the case of a juvenile who has been adjudicated a juvenile delinquent for thecommission of one of the offenses described in section 19-2-508 (3)(a)(IV), the court shall sentence the juvenile to a minimum mandatory period of detention of not fewer than five days.
A juvenile who is less than thirteen years of age may not be sentenced to detentionunless he or she has been adjudicated for a felony or weapons charge pursuant to section 18-12102, 18-12-105, 18-12-106, or 18-12-108.5. As an alternative, the juvenile probation department may conduct a presentence investigation pursuant to section 19-2-905. The investigation may result in the juvenile:
Remaining in the custody of a parent, guardian, or legal custodian; or
Being placed in the temporary legal custody of kin, for purposes of a kinship fostercare home or noncertified kinship care placement, as defined in section 19-1-103 (71.3), or other suitable person under such conditions as the court may impose; or
Being placed in a shelter facility; or
Being referred to a local county department of human or social services for assessment for placement.
Source: L. 96: Entire article amended with relocations, p. 1663, § 1, effective January 1, 1997. L. 2001: (2) amended, p. 137, § 1, effective July 1. L. 2017: (1) amended and (3) added, (HB 17-1207), ch. 269, p. 1484, § 5, effective May 31. L. 2019: (2) amended, (SB 19-108), ch. 294, p. 2729, § 27, effective July 1.
Editor's note: This section was formerly numbered as 19-2-703 (1)(e)(I) and (1)(h)(I). Prior to relocation in 1996, the said 19-2-703 (1)(e)(I) and (1)(h)(I) were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title.