(1) (a) (I) Upon
adjudication as an aggravated juvenile offender:
(A) For an offense other than an offense that would constitute a class 1 or 2
felony if committed by an adult, the court may commit the juvenile to the
department of human services for a determinate period of up to five years;
(B) For an offense that would constitute a class 2 felony if committed by an
adult, the court shall commit the juvenile to the department of human services for a
determinate period of at least three but not more than five years;
(C) For an offense that would constitute a class 1 felony if committed by an
adult, the court shall commit the juvenile to the department of human services for a
determinate period of at least three but not more than seven years; and
(D) When the petition alleges the offense of murder in the first degree or
murder in the second degree, or sexual assault pursuant to section 18-3-402 (3.5)
or (4) and the juvenile is adjudicated a delinquent for either murder in the first
degree or murder in the second degree, then the court may sentence the juvenile
consecutively or concurrently for any crime of violence as described in section 18-1.3-406 or for a delinquent act contained in the petition for which the juvenile is an
aggravated juvenile offender.
(II) An aggravated juvenile offender thus committed to the department of
human services must not be transferred to a nonsecure or community setting for a
period of more than forty-eight hours, excluding Saturdays, Sundays, and court
holidays, nor released before the expiration of the determinate term imposed by the
court without prior order of the court.
(b) (I) Upon court order, the department of human services may transfer a
juvenile committed to its custody pursuant to subsection (1)(a) of this section to the
department of corrections if the juvenile has reached eighteen years of age and the
department of human services has certified that the juvenile is no longer
benefitting from its programs.
(II) The department of human services shall initiate such transfer by filing a
request for transfer with the court of commitment that must state the basis for the
request. Upon receipt of such a request, the court shall notify the interested parties
and set the matter for a hearing.
(III) The court shall authorize the transfer only upon a finding by a
preponderance of the evidence that the juvenile is no longer benefitting from the
programs of the department of human services.
(IV) Upon entering an order of transfer to the department of corrections,
pursuant to this subsection (1)(b), the court shall amend the mittimus and transfer
all further jurisdiction over the juvenile to the department of corrections. Thereafter
the juvenile is governed by the provisions for adult felony offenders in titles 16 and
17 as if the juvenile had been sentenced as an adult felony offender for the
unserved portion of sentence that remains upon transfer to the department of
corrections.
(2) (a) After a juvenile who is sentenced pursuant to subsection (1)(a)(I)(B) or
(1)(a)(I)(C) of this section has been in the custody of the department of human
services for three years or more, the department may petition the court for an order
authorizing the department to place the juvenile on juvenile parole upon approval
by the juvenile parole board pursuant to section 19-2.5-1203. After a juvenile who is
sentenced pursuant to subsection (1)(a)(I)(A) of this section has served the minimum
mandatory period of the commitment or three years, whichever is sooner, the
department of human services may petition the court for an order authorizing the
department to place the juvenile on juvenile parole upon approval by the juvenile
parole board pursuant to section 19-2.5-1203. The department of human services
shall conduct the parole supervision. Upon filing the petition, the court shall notify
the interested parties and set the matter for a hearing. The court shall authorize the
department of human services to place the juvenile on juvenile parole upon
approval of the juvenile parole board pursuant to section 19-2.5-1203, only upon
finding by a preponderance of the evidence that the safety of the community will
not be jeopardized by the juvenile's release.
(b) Parole supervision of a juvenile who has been transferred to the
department of corrections is governed by the provisions for adult felony offenders
in titles 16, 17, and 18 as if the juvenile had been sentenced as an adult felony
offender; except that, if the juvenile was adjudicated and sentenced for a class 1
felony, then the juvenile must serve a ten-year period of mandatory parole after
completion of the juvenile's sentence.
(3) Upon filing a petition with the committing court for transfer of the
juvenile to a nonsecure or community setting, or for early release from the custody
of the department of corrections or human services, the court shall notify the
interested parties and set the matter for a hearing. The court shall order such
transfer or release only upon a finding by a preponderance of the evidence that the
safety of the community will not be jeopardized by the transfer or release; except
that early release of the juvenile from the department of corrections is governed by
the provisions for adult felony offenders in titles 16 and 17 as if the juvenile had
been sentenced as an adult felony offender.
(4) (a) (I) When a juvenile in the custody of the department of human services
pursuant to this section reaches the age of twenty years and six months, the
department of human services shall file a motion with the court of commitment
regarding further jurisdiction of the juvenile. Upon the filing of such a motion, the
court shall notify the interested parties, appoint counsel for the juvenile, and set
the matter for a hearing. The court shall, as part of this hearing, reconsider the
length of the remaining sentence and consider the factors as set forth in subsection
(4)(c) of this section.
(II) When the court notifies the interested parties, the court shall order that
the juvenile submit to and cooperate with a psychological evaluation and risk
assessment by a mental health professional to determine whether the juvenile is a
danger either to himself or herself or to others. The mental health professional shall
prepare a written report and provide a copy of the report to the court that ordered
it, the prosecuting attorney, and counsel for the juvenile at least fourteen days
before the hearing.
(b) At the hearing upon the motion, the court may either transfer the custody
of and jurisdiction over the juvenile to the department of corrections for placement
in a correctional facility, the youthful offender system, or a community corrections
program; authorize early release of the juvenile pursuant to subsection (3) of this
section; place the juvenile on adult parole for a period of five years; or order that
custody and jurisdiction over the juvenile must remain with the department of
human services; except that the custody of and jurisdiction over the juvenile by the
department of human services terminates when the juvenile reaches twenty-one
years of age.
(c) In considering whether to transfer the custody of and jurisdiction over the
juvenile to the department of corrections, the court shall consider all relevant
factors including, but not limited to, the court-ordered psychological evaluation and
risk assessment; the nature of the crimes committed; the offender's prior criminal
history; the offender's maturity; the offender's behavior in custody; the offender's
progress and participation in classes, programs, and educational improvement; the
impact of the crimes on the victims; the likelihood of rehabilitation; the placement
where the offender is most likely to succeed in reintegrating in the community; and
the interest of the community in the imposition of punishment commensurate with
the gravity of the offense.
(5) At any postadjudication hearing held pursuant to this section, the state is
represented by the district attorney and the attorney general; except that the
attorney general may be excused from participation in the hearing with the
permission of the district attorney and of the court. At any postadjudication hearing
held pursuant to this section, the department of corrections is considered an
interested party and must be sent notice of such hearing.
(6) As used in this section, mental health professional means a person who
is employed by the department of human services or is employed under contract
with the department of human services and is:
(a) A licensed physician with the appropriate training and expertise in
psychiatry; or
(b) A licensed psychologist.