(1)Unless
the district attorney consents, a juvenile charged or accused of having committed a
delinquent act that constitutes a felony or a class 1 misdemeanor shall not be
released without an unsecured personal recognizance bond, if:
(a)The juvenile has been found guilty of a delinquent act constituting a
felony or class 1 misdemeanor within one year prior to the juvenile's detention;
(b)The juvenile is currently at liberty on another bond of any type; or
(c)The juvenile has a delinquency petition alleging a felony pending in any
district or juvenile court for which probable cause has been established.
(2)In lieu of an unsecured personal recognizance bond, a juvenile who the
court determines poses a substantial risk of serious harm to others may be placed
in a preadjudicat
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(1) Unless
the district attorney consents, a juvenile charged or accused of having committed a
delinquent act that constitutes a felony or a class 1 misdemeanor shall not be
released without an unsecured personal recognizance bond, if:
(a) The juvenile has been found guilty of a delinquent act constituting a
felony or class 1 misdemeanor within one year prior to the juvenile's detention;
(b) The juvenile is currently at liberty on another bond of any type; or
(c) The juvenile has a delinquency petition alleging a felony pending in any
district or juvenile court for which probable cause has been established.
(2) In lieu of an unsecured personal recognizance bond, a juvenile who the
court determines poses a substantial risk of serious harm to others may be placed
in a preadjudication service program established pursuant to section 19-2.5-606.
(3) An application for the revocation or modification of the conditions of an
unsecured personal recognizance bond must be made in accordance with section
16-4-109; except that the presumption described in section 19-2.5-305 (3)(a)(V)
must continue to apply for the purposes of this section.
(4) (a) In determining the conditions of release for the juvenile, the judge or
magistrate fixing the same shall consider the criteria set forth in section 16-4-103.
If the juvenile is a pregnant or postpartum juvenile who has complied with the
notice requirement set forth in section 19-2.5-1118.5, the judge or magistrate shall
consider the juvenile's pregnancy or postpartum status in determining the
conditions of release.
(a.5) The judge or magistrate is encouraged to take into consideration the
juvenile's educational progress and ability to achieve credits toward graduation.
(b) In setting, modifying, or continuing an unsecured personal recognizance
bond, it must be a condition that the released juvenile appear at any place and upon
any date to which the proceeding is transferred or continued. Further conditions of
the unsecured personal recognizance bond must be that the released juvenile not
commit any delinquent acts or harass, intimidate, or threaten any potential
witnesses. Except as described in subsection (9) of this section, the judge or
magistrate may set any other conditions or limitations on the juvenile's release as
are reasonably necessary for the protection of the community. A juvenile who is
ordered held at the detention hearing or pursuant to an order entered at any time
after the initial detention hearing and who remains in custody or detention must be
tried on the charges within sixty days after the entry of the court order detaining
the juvenile or within sixty days after the juvenile's entry of a plea, whichever date
is earlier; except that, if the juvenile requests a jury trial pursuant to section 19-2.5-610, section 19-2.5-610 (4) applies.
(5) Repealed.
(6) The court shall not order that any personal recognizance bond be
secured by monetary or property conditions of the juvenile, the juvenile's parent,
guardian, legal custodian, or other responsible adult.
(7) The parent, guardian, legal custodian, or any other responsible adult for a
juvenile released on a personal recognizance bond pursuant to this section may
petition the court to revoke the bond and remand the juvenile into custody if the
parent, guardian, legal custodian, or other responsible adult determines that he or
she is unable to control the juvenile. The court shall apply the presumption
specified in section 19-2.5-305 (3)(a)(V) in determining whether to revoke the
personal recognizance bond.
(8) A juvenile may be released on an unsecured personal recognizance bond,
or as otherwise provided in this section regardless of whether the juvenile appears
in court pursuant to a summons or a warrant.
(9) A judge or magistrate may only impose an unsecured personal
recognizance bond without monetary or property conditions to secure the juvenile's
future appearance. A judge or magistrate shall not impose a bond with secured
monetary or property conditions for a juvenile.