Colorado § 19-2.5-1102 - Sentencing hearing.

§ 19-2.5-1102. Sentencing hearing.

(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 includes but is not necessarily limited to the social study and other reports as provided in section 19-1-107.

(b) In 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), 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 19-2.5-1101 (1)(b) in determining the proper disposition for the juvenile and the public.

(2) 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 case management agency, as defined in section 25.5-6-1702, in the defined 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 placement prescreening to be conducted in any appropriate place.

(3) If the court receives a mental health screening or mental health assessment pursuant to section 19-2.5-612 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.

(4) (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-nine days after completion of the adjudicatory trial.

(b) If the hearing is continued, the court shall make an appropriate order for detention of the juvenile or for the juvenile's release in the custody of the juvenile's parents, guardian, or other responsible person or agency under such conditions of supervision as the court may impose during the continuance.

(c) In scheduling investigations and hearings, the court shall give priority to proceedings concerning a juvenile who is in detention or who has otherwise been removed from the home before an order of disposition has been made.

(5) 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-one days to determine if continued placement is necessary and is in the best interest of the juvenile and of the community. The court shall give notice of the review 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. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 634, § 2, effective October 1; (2) amended, (HB 21-1187), ch. 83, p. 327, § 9, effective July 1, 2024.

Editor's note: (1) This section is similar to former § 19-2-906 as it existed prior to 2021.

(2) Subsection (2) was numbered as 19-2-906 (2) in HB 21-1187 (see L. 2021, p. 327). That provision was harmonized with subsection (2) of this section as it appears in SB 21-059, effective July 1, 2024.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Court's disposition of case must consider both the child's best interests and society's best interests. People in Interest of M.C., 750 P.2d 69 (Colo. App. 1987).

State is an "interested party". The state of Colorado, through its representative, the district attorney, is an "interested party" at the dispositional stage of a delinquency proceeding, as the same factors which establish the state's status as an interested party at the adjudicatory stage of the delinquency proceeding are equally applicable to the dispositional stage. People in Interest of R.M.S., 651 P.2d 377 (Colo. 1982).

Hearing not required for revocation of probation. Where hearing emanated from petition to revoke probation of child and not from petition for either delinquency adjudication or in need of supervision, child was not entitled to dispositional hearing and social study. People in Interest of B.L.M. v. B.L.M., 31 Colo. App. 106, 500 P.2d 146 (1972).

Rules of evidence not controlling. Information which will assist the court in determining the disposition, or upon which the court relies in fashioning conditions of probation, can be obtained by the court in a variety of ways, none of which need comply with the rules of evidence. John Doe v. People, 156 Colo. 311, 398 P.2d 624 (1965).

Trial court's failure to sentence juvenile within 45 days after adjudication pursuant to subsection (3)(a) entitles juvenile to credit for pre-sentence confinement for the period following the expiration of the 45-day sentencing deadline until the date of sentencing. The trial court retains discretion as to whether to grant pre-sentence confinement credit for any confinement from the date of adjudication until the expiration of the 45-day sentencing deadline. People ex rel. J.R., 216 P.3d 1220 (Colo. App. 2009).