Colorado § 19-2.5-904 - Speedy trial - procedural schedule.

§ 19-2.5-904. Speedy trial - procedural schedule.

(1) The juvenile's right to a speedy trial is governed by section 18-1-405 and rule 48(b) of the Colorado rules of criminal procedure.

(2) In bringing an adjudicatory action against a juvenile pursuant to this article 2.5, the district attorney and the court shall comply with the deadlines for:

(a) Holding the detention hearing, as specified in section 19-2.5-305 (3)(a)(I);

(b) Filing the petition, as specified in section 19-2.5-305 (3)(a)(IX);

(c) Setting the first appearance, as specified in section 19-2.5-501 (4); and

(d) Holding the adjudicatory trial, as specified in section 19-2.5-902 (1).

(3) The court may grant a continuance with regard to any of the deadlines specified in subsection (2) of this section upon making a finding of good cause.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 623, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-108 as it existed prior to 2021.

ANNOTATION

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

This section incorporates the speedy trial tolling and enforcement provisions of § 18-1-405, at least to the extent that those provisions are not inconsistent with the more specific 60-day and "good cause" continuance provisions of this section. People ex rel. J.M.N., 39 P.3d 1261 (Colo. App. 2001).

Since a juvenile's right to speedy trial is governed by § 18-1-405, the right is waived when the juvenile, through counsel, affirmatively accepts a trial date beyond the 60-day period provided in § 19-2-509 when the juvenile is detained without bail. People in Interest of G.W.R., 943 P.2d 466 (Colo. App. 1996).

A court must consider the factors set forth in § 18-1-405 (6)(g) when ruling on a prosecutor's request in a juvenile adjudicatory action to continue the trial past the speedy trial deadline without the juvenile's consent. People in Interest of C.M.W.R., 2024 COA 4, 546 P.3d 1191.