§ 19-2.5-1102 — Sentencing hearing

Colorado § 19-2.5-1102

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

Text

(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.

Legislative History

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.