Information About Colorado Juvenile Law Crimes

Every Colorado parent’s nightmare is to have their child arrested and charged with a criminal act. In Colorado and in many states – that nightmare is made much worse when these same kids are charged, tried, and sentenced in adult criminal court. This web page addresses these issues.

In Colorado, we have set up a separate court for minors, those persons under 18 years of age.

Long ago, this state decided children and their needs are different from adults and a separate court system was required to provide those needs. Also, many believed that if children did something wrong, they could be rehabilitated through intensive counseling, education, and guidance, whereas law-breaking adults might be less open to rehabilitation.

Today, our juvenile law courts serve three distinctly different kinds of kids:

First, there are children who have committed an act that if committed by an adult would be considered criminal – these acts are called acts of delinquency.

Second, there are children who have committed status offenses. These are activities that are only wrong because they are committed by minors. If they were committed by adults, they would not be considered illegal at all. Examples of status are truancy, running away from home, violating curfew, or simply being outside of the control of your parents.

And finally, there are the children who have been abused, neglected or abandoned. In these circumstances, the court must decide who is going to be responsible for the care of these children. This is done through court hearings which are held to determine questions of dependency and neglect.

In some cases, temporary custody is taken from the parents and the children are placed in foster care. Parents are then ordered to get counseling before their children are returned. In other cases, the parents’ right to their children is taken away entirely and these children are put up for adoption.

Colorado Transfer Hearings

An exception to the three primary categories of kids described above are the children who are age 12 or older and have committed a very serious crime. Under these circumstances, the court, upon the urging of the district attorney’s office can transfer a child from the juvenile justice system to the adult justice system. When this occurs, a “transfer hearing” under Colorado Criminal Juvenile Law is held to determine whether the minor is suited for the juvenile justice process or would be more appropriately treated if transferred to the adult court system.

This decision is based on issues such as – but not exclusively limited to -the following criteria:

1. The seriousness of the offense and whether the protection of the community requires isolation of the juvenile beyond that afforded by juvenile facilities;
2. Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
3. Whether the alleged offense was against persons or property, greater weight being given to offenses against persons;
4. The maturity of the juvenile as determined by considerations of the juvenile’s home, environment, emotional attitude, and pattern of living;
5. The record and previous history of the juvenile;
6. The likelihood of rehabilitation of the juvenile by use of facilities available to the juvenile court;
7. The interest of the community in the imposition of a punishment commensurate with the gravity of the offense;
8. The impact of the offense on the victim;
9. That the juvenile was twice previously adjudicated a delinquent juvenile for delinquent acts that constitute felonies;
10. That the juvenile was previously adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S.;
11. That the juvenile was previously committed to the department of human services following an adjudication for a delinquent act that constitutes a felony;
12. That the juvenile is sixteen years of age or older at the time of the offense and the present act constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S.;
13. That the juvenile is sixteen years of age or older at the time of the offense and has been twice previously adjudicated a juvenile delinquent for delinquent acts against property that constitute felonies; and
14. That the juvenile used, or possessed and threatened the use of, a deadly weapon in the commission of a delinquent act.

Again, a district attorney will usually only recommend that a child be transferred to the adult courts when the child has allegedly committed an extremely serious offense, such as murder, arson, armed robbery, forcible sex crimes, kidnapping, assault, shooting a firearm into an occupied building, selling or providing certain drugs to other minors, or other aggravated offenses.

Direct Filing of Juvenile Cases in Colorado

In a 2009 Online Editorial The Issue Is Squarely Put Public Disagrees with Prosecutors Locking Up Kids as Adults

Dec. 2, 2009 DENVER, Colo. – A recent poll of Colorado voters found that by a margin of nearly 2 to 1, the public believes that judges, not District Attorneys, should be responsible for deciding how to prosecute children. Conducted by national pollsters Ridder Braden, Inc. on November 6, the poll found that more than 65% of Colorado voters favor leaving the decision about how to try juveniles up to a judge.

There are currently hundreds of young men and women serving decades – even life sentences –

in Colorado prisons. The decision to try a 14, 15, 16 or 17-year-old as an adult in each case is made by one person — a District Attorney. District Attorneys are not required to follow any guidelines and do not have to document how they made their decision. There are no checks and balances and no hearing before a judge. Prosecutors generally make decisions about whether to “direct file” children within 72 hours .

Opponents of direct file feel this leaves defense teams too little time to gather relevant facts regarding the circumstances surrounding a crime or a young defendant’s state of mind. According to Mary Ellen Johnson, Executive Director of Pendulum Juvenile Justice, the problem is really one of impartiality in the judicial system. “District Attorneys are not impartial judges,” says Johnson. “They often have a political interest in prosecuting kids as adults.”

A growing coalition of advocates, including the Rocky Mountain Children’s Law Center, Colorado Criminal Defense Bar and Youth Transformation Center ask if a system based on direct file is fair. Should the decision to incarcerate kids in the adult system at an annual cost of millions of dollars be left in the hands of one politically elected official?

Colorado taxpayers overwhelmingly say “No” and Johnson agrees. “Our system is supposed to be based on the rule of law. The bottom line is that we need an impartial person charged with protecting the public and the rehabilitation of juveniles to make decisions that will affect kids for the rest of their lives.”

As of the writing of this page – March 20, 2012 – a new law in Colorado is winding its way to the Governor on this issue: The Direct File bill, HB12-1271, sponsored by Rep. B.J. Nikkel (R-Loveland) and Rep. Beth McCann (D-Denver) passed through the House on a vote of 45-20. The bill strengthens due process for children who have been charged with crimes . This bill would let a judge decide whether a child of 14 or 15 years old should be prosecuted in adult court. For those 16 and 17-year olds, prosecutors would still be able to file to adult court, but the decision would be subject to judicial review. That bill will now move to the Senate. A big congratulations goes out to the Colorado Juvenile Defender Coalition for their leadership on this important piece of legislation

The Arrest of Colorado Juvenile Offenders

When kids are picked up as either delinquents or status offenders police and juvenile probation officers have discretion to release kids and send them home to their parents. If children are held by the police or the probation department, however, most likely those who are status offenders be held separate and apart from children charged as delinquents or adults who have been arrested.

Trials and juvenile law court proceedings are called adjudication hearings. If a child is found guilty of the crime at an adjudication hearing, a sentencing hearing is scheduled. At the sentencing hearing, the judge decides what would be the court’s appropriate response, keeping in mind that the overriding aim of the juvenile law justice system is to rehabilitate youthful offenders and get them back on the right track.

The court has various options. A judge may place the child on probation, seek restitution, assign the child to community service or place her in a halfway house or foster care.

A juvenile offender also may be sent to a training school or a secure facility. (A secure facility is also known as “lock-up,” where the juveniles are not allowed the freedom to leave.)

Usually, records can be sealed after one years from the termination of the juvenile court’s jurisdiction or as soon as the juvenile becomes. Once sealed, the minor’s records may not be opened for inspection unless ordered by the court. See here

Colorado – Colo. Rev. Stat. § 19-2-517 (2011). Direct Filing Colo. Rev. Stat. § 19-2-518 Transfers

If you find yourself involved in any juvenile court matter call the Law Offices of H. Michael Steinberg to speak to an experienced Denver, Colorado criminal defense attorney immediately for a free consultation.

Make the responsible choice and call an effective Denver, Colorado criminal defense lawyer can permanently impact your child’s future.

Colorado Colo. Rev. Stat. § 19-2-517 (2011). Direct Filing

1. A juvenile may be charged by the direct filing of information in the district court or by indictment only if:
   1. The juvenile is sixteen years of age or older at the time of the commission of the alleged offense and:
      1. Is alleged to have committed a class 1 or class 2 felony; or
      2. Is alleged to have committed a felony enumerated as a crime of violence pursuantto section 18-1.3-406, C.R.S.; or
      3. Is alleged to have committed a felony offense described in part 1 of article 12 of title 18, C.R.S., except for the possession of a handgun by a juvenile, as set forth in section 18-12-108.5, C.R.S.; or
      4. Is alleged to have used, or possessed and threatened the use of, a deadly weapon during the commission of a felony offense against a person described in article 3 of title 18, C.R.S.; or
      5. Is alleged to have committed vehicular homicide, as described in section 18-3- 106, C.R.S., vehicular assault, as described in section 18-3-205, C.R.S., or felonious arson, as described in part 1 of article 4 of title 18, C.R.S.; or
      6. Is alleged to have committed a class 3 felony, or sexual assault as described in section 18-3-402(1)(d), C.R.S., or section 18-3-403(1)(e), C. R.S., as it existed prior to July 1, 2000, and the juvenile, within the two previous years, has been adjudicated a juvenile delinquent for an act that constitutes a felony; or
      7. Is alleged to have committed a felony, and is determined to be an habitual juvenile offender. For purposes of this section, “habitual juvenile offender” is defined in section 19-1-103(61).
   2. The juvenile is fourteen or fifteen years of age at the time of the commission of the alleged offense and:
      1. Is alleged to have committed murder in the first degree, as described in section 18- 3-102, C.R.S., or murder in the second degree, as described in section 18-3-103, C.R.S.; or
      2. Is alleged to have committed sexual assault under the circumstances described in section 18-3-402(5)(a), C.R.S.; or
      3. Is alleged to have committed any sexual offense that is enumerated as a crime of violence pursuant to section 18-1.3-406, C.R.S.; or
      4. Is alleged to have committed any sexual offense classified as a class 3 felony, or sexual assault as described in section 18-3-402(1)(d), C.R.S., or section 18-3- 403(1)(e), C.R.S., as it existed prior to July 1, 2000, and the juvenile, within the two previous years, has been adjudicated a juvenile delinquent for an act that constitutes a felony; or
      5. Is alleged to have committed any felony sexual offense and is determined to be an habitual juvenile offender; or
   3. The juvenile is fourteen years of age or older at the time of the commission of the alleged offense, has allegedly committed a felony, and has previously been subject to proceedings in district court as a result of a direct filing pursuant to this section or a transfer pursuant to section 19-2-518; except that:
      1. If the juvenile is found not guilty in district court of the prior felony or any lesser included offense, the subsequent charge shall be remanded back to the juvenile court; and
      2. If the juvenile is convicted in district court in the prior case of a lesser included or nonenumerated offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section, the subsequent charge may be remanded back to the juvenile court.
2. Notwithstanding the provisions of section 19-2-518, after filing charges in the juvenile court but prior to the time that the juvenile court conducts 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 this section. Upon said filing or indictment in the district court, the juvenile court shall no longer have jurisdiction over proceedings concerning said charges.
3. 1. In determining whether to file charges in district court pursuant to this section, the district attorney shall first consider the following criteria:
      1. The seriousness of the offense and whether the protection of the community requires response or consequence beyond that afforded by this article;
      2. Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
      3. Whether the alleged offense was against persons or property, greater weight being given to offenses against persons;
      4. The age of the juvenile and the maturity of the juvenile as determined by considerations of the juvenile’s home, environment, emotional attitude, and pattern of living;
      5. The record and previous history of the juvenile;
      6. The likelihood of rehabilitation of the juvenile by use of the sentencing options available in the juvenile and district courts;
      7. The interest of the community in the imposition of a punishment commensurate with the gravity of the offense;
      8. The impact of the offense on the victim;
      9. Whether the juvenile was previously committed to the department of human services following an adjudication for a delinquent act that constitutes a felony; and
      10. Whether the juvenile used, or possessed and threatened the use of, a deadly weapon in the commission of a delinquent act.
   2. The amount of weight given to each of the factors listed in paragraph (a) of this subsection (3) is discretionary with the district attorney. The insufficiency of any factor or set of factors shall not preclude the district attorney from charging by direct filing, so long as the district attorney is satisfied that the information available supports the decision.
4. 1. If, after or contemporaneously with the filing of a delinquency petition and after initial consideration of the factors set forth in subsection (3) of this section, the district attorney believes the case may be appropriate for charging by direct filing, the district attorney shall file with the juvenile court, with a copy to the juvenile’s counsel of record, or to the juvenile if the juvenile has waived counsel or if there is no counsel of record, a notice of consideration of direct file. No later than forty-eight hours after the filing of the notice of consideration, the juvenile court shall readvise the juvenile of his or her right to counsel. If the juvenile has previously waived his or her right to counsel, the juvenile shall have an opportunity to withdraw such waiver.
   2. After the filing of the notice of consideration of direct file, the juvenile shall have fourteen days to provide to the district attorney any and all information the juvenile requests the district attorney to consider relating to the factors set forth in subsection (3) of this section in making the decision whether to direct file charges. The district attorney shall not direct file charges until the fourteen-day period for consideration has passed. Nothing in this section shall require the district attorney to extend the period for consideration; nor shall anything in this section prohibit the district attorney from agreeing with the juvenile’s counsel of record to extend the period for consideration. Further, nothing in this section shall preclude the district attorney from direct filing the charges after the expiration of the period for consideration.
   3. The juvenile court shall not accept a plea of guilty during the period for consideration of direct file unless the plea is entered with the agreement of the district attorney.
   4. The district attorney is encouraged to provide the juvenile’s counsel of record an opportunity to meet to discuss any and all information relevant to the factors set forth in subsection (3) of this section before a decision to direct file occurs. However, the lack of any such meeting shall not require an extension of the period for consideration.
   5. At the discretion of the district attorney, the provisions of this subsection (4) shall not apply to charges for first degree murder as described in section 18-3-102, C.R.S., second degree murder, as described in section 18-3-103, C.R.S., or any sexual offense that is eligible for direct file pursuant to subsection (1) of this section.
5. Upon the direct filing of charges in the district court pursuant to this section, the district attorney shall file a written statement listing the specific factors set forth in subsection (3) of this section upon which the decision to direct file was based.
6. 1. If a juvenile is convicted following the filing of criminal charges by information or indictment in the district court pursuant to this section, the district judge shall sentence the juvenile as follows:
      1. As an adult; or
      2. To the youthful offender system in the department of corrections in accordance with section 18-1.3-407, C.R.S.; except that a juvenile shall be ineligible for sentencing to the youthful offender
      3. To the youthful offender system in the department of corrections in accordance with section 18-1.3-407, C.R.S.; except that a juvenile shall be ineligible for sentencing to the youthful offender system if the juvenile is convicted of:
         1. A class 1 felony;
         2. 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.; or
         3. A second or subsequent offense, if the juvenile received a sentence to the department of corrections or to the youthful offender system for the prior offense;
      4. Pursuant to the provisions of this article, if the juvenile is less than sixteen years of age at the time of commission of the crime and is convicted of an offense other than a class 1 or class 2 felony, a crime of violence as defined under section 18-1.3- 406, C.R.S., or an offense described in subparagraph (V) of paragraph (b) of subsection (1) of this section and the judge makes a finding of special circumstances.
   2. The district court judge may sentence a juvenile pursuant to the provisions of this article if the juvenile is convicted of a lesser included or nonenumerated offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section.
7. In the case of a person who is sentenced as a juvenile pursuant to subsection (6) of this section, the following provisions shall apply:
   1. Section 19-2-908(1)(a), regarding mandatory sentence offenders;
   2. Section 19-2-908(1)(b), regarding repeat juvenile offenders;
   3. Section 19-2-908(1)(c), regarding violent juvenile offenders; and
   4. Section 19-2-601, regarding aggravated juvenile offenders.
8. The court in its discretion may appoint a guardian ad litem for a juvenile charged by the direct filing of an information in the district court or by indictment pursuant to this section.
9. The offenses described in this section shall include attempt, conspiracy, or solicitation to commit such offenses.

COLO. REV. STAT. § 19-2-518 (2011). Transfers

1. 1. The juvenile court may enter an order certifying a juvenile to be held for criminal proceedings in the district court if:
      1. A petition filed in juvenile court alleges the juvenile is:
         1. Twelve or thirteen years of age at the time of the commission of the alleged offense and 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
         2. Fourteen years of age or older at the time of the commission of the alleged offense and is a juvenile delinquent by virtue of having committed a delinquent act that constitutes a felony; and
      2. 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.
   2. A petition may be transferred from the juvenile court to the district court only after a hearing as provided in this section.
   3. 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).
   4. 1. Except as otherwise provided in subparagraph (II) of this paragraph (d), 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 shall sentence the juvenile pursuant to the provisions of section 18-1.3-401, C.R.S., if the juvenile is:
         1. Convicted of a class 1 felony;
         2. Convicted of a crime of violence, as defined in section 18-1.3-406, C.R.S.; or
         3. 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.
      2. 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:
         1. A class 1 felony;
         2. Deleted by Laws 2010, Ch. 264, § 2, eff. Aug. 11, 2010. (C) Deleted by Laws 2010, Ch. 264, § 2, eff. Aug. 11, 2010. (D) Deleted by Laws 2010, Ch. 264, § 2, eff. Aug. 11, 2010.
         3. 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.
      3. In cases in which criminal charges are transferred to the district court pursuant to the 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.
      4. 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 Laws 2010, Ch. 264, § 2, eff. Aug. 11, 2010.
   5. 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.
2. After filing charges in the juvenile court but prior to the time that the juvenile court conducts 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.
3. At the transfer hearing, the court shall consider:
   1. 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
   2. Whether the interests of the juvenile or of the community would be better served by the juvenile court’s waiving its jurisdiction over the juvenile and transferring jurisdiction over him or her to the district court.
4. 1. 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.
   2. In considering whether or not to waive juvenile court jurisdiction over the juvenile, the juvenile court shall consider the following factors:
      1. The seriousness of the offense and whether the protection of the community requires isolation of the juvenile beyond that afforded by juvenile facilities;
      2. Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
      3. Whether the alleged offense was against persons or property, greater weight being given to offenses against persons;
      4. The maturity of the juvenile as determined by considerations of the juvenile’s home, environment, emotional attitude, and pattern of living;
      5. The record and previous history of the juvenile;
      6. The likelihood of rehabilitation of the juvenile by use of facilities available to the juvenile court;
      7. The interest of the community in the imposition of a punishment commensurate with the gravity of the offense;
      8. The impact of the offense on the victim;
      9. That the juvenile was twice previously adjudicated a delinquent juvenile for delinquent acts that constitute felonies;
      10. That the juvenile was previously adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S.;
      11. That the juvenile was previously committed to the department of human services following an adjudication for a delinquent act that constitutes a felony;
      12. That the juvenile is sixteen years of age or older at the time of the offense and the present act constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S.;
      13. That the juvenile is sixteen years of age or older at the time of the offense and has been twice previously adjudicated a juvenile delinquent for delinquent acts against property that constitute felonies; and
      14. That the juvenile used, or possessed and threatened the use of, a deadly weapon in the commission of a delinquent act.
   3. The amount of weight to be given to each of the factors listed in paragraph (b) of this subsection (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.
   4. The insufficiency of evidence pertaining to any one or more of the factors listed in paragraph (b) of this subsection (4) shall not in and of itself be determinative of the issue of waiver of juvenile court jurisdiction.
5. When an action has been remanded to the juvenile court pursuant to section 19-2- 517(1)(c) and the prosecution seeks waiver of jurisdiction pursuant to this section, the court’s findings from the prior transfer hearing regarding the factor listed in paragraph (c) of subsection (4) of this section 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.
6. 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 cross-examination.
7. 1. 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.
   2. 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 inand 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.