Colorado § 19-2.5-503 - Aggravated juvenile offender.

§ 19-2.5-503. Aggravated juvenile offender.

(1) (a) In any action in delinquency alleging that a juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the petition must allege by separate count that the juvenile is an aggravated juvenile offender and that increased commitment is authorized.

(b) If the petition alleges that the juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the petition must identify by separate counts each alleged former adjudication or probation revocation and, for each such count, must include the date of adjudication or probation revocation, the court, and the specific act that formed the basis for the adjudication or probation revocation. If the alleged prior adjudication or probation revocation occurred outside of this state, the petition must so allege and state that the delinquent act that formed the basis for the adjudication or probation revocation would constitute a felony in this state.

(2) (a) In any action in delinquency in which it is alleged that a juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the court shall, at the juvenile's first appearance, advise the juvenile of the effect and consequences of the allegation that the juvenile is an aggravated juvenile offender.

(b) If a juvenile is alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the juvenile is required, at the juvenile's first appearance before the court, to admit or deny any previous adjudications or probation revocations alleged in the petition. A refusal to admit or deny any such adjudication or probation revocation is considered a denial.

(3) (a) In addition to the rights specified in section 19-2.5-605, a juvenile who is alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125 (4), may file a written request that adjudication of the act that is the subject of the petition must be to a jury of twelve persons, and the court shall so order it. A juvenile who requests a jury is deemed to have waived the time limit for an adjudicatory trial pursuant to section 19-2.5-610 (4).

(b) When a jury is requested pursuant to this subsection (3), the following challenges are allowed:

(I) If the petition alleges that one juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the state and the juvenile are each entitled to five peremptory challenges.

(II) If the petition alleges that more than one juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), and the adjudicatory trials on the acts that are the subject of the petition are not severed, the state and the defense are entitled to two additional challenges for every juvenile after the first, not to exceed fifteen peremptory challenges per side; when multiple juveniles are adjudicated in a single hearing, each peremptory challenge made on the part of the juveniles must be made and considered as the joint peremptory challenge of all of the juveniles.

(c) When more than one petition concerning different juveniles are consolidated for the adjudication of the delinquent acts that are the subjects of the petitions, peremptory challenges are allowed as if the juveniles had been joined in the same petition in delinquency.

(4) (a) If a juvenile alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125 (4), admits the previous adjudications or probation revocations alleged in the petition pursuant to subsection (2) of this section, further proof of such previous adjudications or probation revocations is not required. Upon a finding that the juvenile has committed the delinquent acts that are the subject of the petition alleging that the juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the court may enter any sentence authorized by this section.

(b) If a juvenile alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125 (4), denies one or more of the previous adjudications or probation revocations alleged in the petition pursuant to subsection (2) of this section, the court, after a finding of guilty of the acts that are the subject of this petition, shall conduct a separate hearing in which the court shall be the trier of fact to determine whether the juvenile has suffered such adjudications or probation revocations. Each count alleging a previous adjudication or probation revocation must be proven beyond a reasonable doubt.

(c) In any hearing before the court pursuant to subsection (4)(b) of this section, a duly authenticated copy of the record of an adjudication or probation revocation is prima facie evidence that the juvenile suffered the adjudication or probation revocation. In addition, any basic identification information that is part of the record of the former adjudication or probation revocation at the place the juvenile was incarcerated after disposition of the adjudication or probation revocation may be introduced into evidence in any hearing before the court pursuant to subsection (4)(b) of this section and is prima facie evidence of the identity of the juvenile.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 598, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-601 (1) to (4) as it existed prior to 2021.

ANNOTATION

Law reviews. For article, "New Juvenile Justice Laws Increase Options for Youth", see 42 Colo. Law. 37 (Apr. 2013).

Although violent juvenile offender was granted four rather than the five peremptory challenges awarded to an aggravated juvenile offender, violent juvenile offender's right to equal protection was not violated where the elements constituting an aggravated juvenile offender differ from those constituting a violent juvenile offender. People in Interest of M.M.O.P., 873 P.2d 24 (Colo. App. 1993) (decided under former law).

PART 6

COURT PROCEEDINGS