§ 19-2.5-1126 — Sentencing - special offenders

Colorado § 19-2.5-1126

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

Text

(1) The court shall sentence a
juvenile adjudicated as a special offender as follows:

(a) Mandatory sentence offender. The court shall place or commit a juvenile
adjudicated as a mandatory sentence offender, as described in section 19-2.5-1125
(1), out of the home for not less than one year, unless the court finds that an
alternative sentence or a commitment of less than one year out of the home would
be more appropriate; except that:

(I) If the person adjudicated as a mandatory sentence offender is eighteen
years of age or older on the date of the sentencing hearing, the court may sentence
that person to the county jail or to a community correctional facility or program for
a period not to exceed two years, if the person has been adjudicated a mandatory
sentence offender pursuant to this article 2.5 for acts committed prior to the
person's eighteenth birthday; or

(II) The juvenile or person may be released by the committing judge upon a
showing of exemplary behavior.

(b) Repeat juvenile offender. The court shall sentence a juvenile adjudicated
as a repeat juvenile offender, as described in section 19-2.5-1125 (2), out of the
home for not less than one year, unless the court finds that an alternative sentence
or a commitment of less than one year out of the home would be more appropriate;
except that:

(I) If the person adjudicated as a repeat juvenile offender is eighteen years of
age or older on the date of the sentencing hearing, the court may sentence that
person to the county jail or to a community correctional facility or program for a
period not to exceed two years, if the person has been adjudicated a repeat juvenile
offender pursuant to this article 2.5 for acts committed prior to the person's
eighteenth birthday; or

(II) The juvenile or person may be released by the committing judge upon a
showing of exemplary behavior.

(c) Violent juvenile offender. (I) (A) Upon adjudication as a violent juvenile
offender, as described in section 19-2.5-1125 (3), the juvenile must be placed or
committed out of the home for not less than one year; except that this subsection
(1)(c) does not apply to a juvenile who is ten years of age or older, but less than
twelve years of age, when the court finds that an alternative sentence or a
commitment of less than one year out of the home would be more appropriate.

(B) Upon adjudication as a violent juvenile offender, if the person is eighteen
years of age or older on the date of the sentencing hearing, the court may sentence
such person to the county jail or to a community correctional facility or program for
a period not to exceed two years, if the person has been adjudicated a violent
juvenile offender pursuant to this article 2.5 for acts committed prior to the
person's eighteenth birthday.

(II) The court may commit a violent juvenile offender to the department of
human services. The court may impose a minimum sentence during which the
juvenile must not be released from a residential program without prior written
approval of the court that made the commitment.

(d) Aggravated juvenile offender. The court shall sentence an aggravated
juvenile offender as described in section 19-2.5-1127.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 660, � 2, effective October 1.