§ 19-2.5-1004 — Procedures - hearings

Colorado § 19-2.5-1004

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: The Colorado Juvenile Justice System

Text

(1) Subject to any applicable rules of
the Colorado supreme court, the supervising court is responsible for establishing
procedures for any teen court program under its jurisdiction, including but not
limited to:

(a) The use of its courtroom and other facilities during times when they are
not required for other court business;

(b) The approval of teen court judges;

(c) The collection of a fee from any teen defendant; and

(d) The range of sentencing options that may be imposed upon a teen
defendant. Sentencing options must not include a term of imprisonment nor the
payment of restitution, but may include:

(I) Community service supervised by the supervising court;

(II) Participation in law-related education classes, counseling, treatment, or
other programs; or

(III) Participation as a juror or other teen court member in proceedings
involving teen defendants.

(2) Whenever a teen, as a condition of a deferred judgment, is ordered to
participate in a teen court program, the teen and the teen's parent or legal guardian
must be ordered to appear at a teen court sentencing hearing. The teen court judge
shall preside over the sentencing hearing. The teen defendant may represent
himself or herself or be represented by a teen defense attorney. The following
procedures must be followed at the teen court sentencing hearing:

(a) The teen court judge shall select a teen jury;

(b) The teen prosecutor and either the teen defendant or teen defense
attorney may question the jury on their knowledge of the defendant or the facts of
the offense for which the teen defendant was charged;

(c) The teen court judge may order that a teen juror be replaced if the judge
finds that the juror may be biased;

(d) The teen prosecutor and either the teen defendant or teen defense
attorney may make an opening statement;

(e) The teen defendant is subject to cross-examination by the teen
prosecutor concerning the circumstances or facts surrounding the offense or the
character of the teen defendant and may either make a statement or be subject to
direct examination by the teen defense attorney;

(f) Each side may offer witnesses and documents concerning the
circumstances or facts surrounding the offense or the character of the teen
defendant;

(g) The teen prosecutor and either the teen defendant or teen defense
attorney may make a closing statement;

(h) Unless otherwise ordered by the teen court judge, the teen jury shall
deliberate in private and shall unanimously agree upon the sentence to be imposed
against the teen defendant, pursuant to guidelines adopted by the court; and

(i) If the jury is unable to unanimously agree on a sentence, then the teen
court judge shall impose the sentence, pursuant to guidelines adopted by the court.

(3) The teen court judge shall enter a written order that:

(a) Orders the teen defendant to complete the sentence imposed by the teen
jury;

(b) Orders the teen defendant to submit a written report to the teen court
judge within three months after the sentencing hearing showing satisfactory
completion of the terms of the sentence; and

(c) Notifies the teen defendant that if the teen court judge does not receive
the written report within the time required, the teen court judge shall file with the
supervising court a report stating that the teen defendant has not satisfactorily
completed the teen court program.

(4) Within six months after the order for deferred judgment, the teen court
judge shall file a written report with the supervising court notifying the court
whether the teen defendant has satisfactorily completed the teen court program.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 629, � 2, effective October 1.