(1)(a) In any action in
delinquency alleging that a juvenile is an aggravated juvenile offender, as
described in section 19-2.5-1125 (4), the petition must allege by separate count that
the juvenile is an aggravated juvenile offender and that increased commitment is
authorized.
(b)If the petition alleges that the juvenile is an aggravated juvenile offender,
as described in section 19-2.5-1125 (4), the petition must identify by separate
counts each alleged former adjudication or probation revocation and, for each such
count, must include the date of adjudication or probation revocation, the court, and
the specific act that formed the basis for the adjudication or probation revocation. If
the alleged prior adjudication or probation revocation occurred outside of this state,
the
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(1) (a) In any action in
delinquency alleging that a juvenile is an aggravated juvenile offender, as
described in section 19-2.5-1125 (4), the petition must allege by separate count that
the juvenile is an aggravated juvenile offender and that increased commitment is
authorized.
(b) If the petition alleges that the juvenile is an aggravated juvenile offender,
as described in section 19-2.5-1125 (4), the petition must identify by separate
counts each alleged former adjudication or probation revocation and, for each such
count, must include the date of adjudication or probation revocation, the court, and
the specific act that formed the basis for the adjudication or probation revocation. If
the alleged prior adjudication or probation revocation occurred outside of this state,
the petition must so allege and state that the delinquent act that formed the basis
for the adjudication or probation revocation would constitute a felony in this state.
(2) (a) In any action in delinquency in which it is alleged that a juvenile is an
aggravated juvenile offender, as described in section 19-2.5-1125 (4), the court
shall, at the juvenile's first appearance, advise the juvenile of the effect and
consequences of the allegation that the juvenile is an aggravated juvenile offender.
(b) If a juvenile is alleged to be an aggravated juvenile offender, as described
in section 19-2.5-1125 (4), the juvenile is required, at the juvenile's first appearance
before the court, to admit or deny any previous adjudications or probation
revocations alleged in the petition. A refusal to admit or deny any such adjudication
or probation revocation is considered a denial.
(3) (a) In addition to the rights specified in section 19-2.5-605, a juvenile who
is alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125
(4), may file a written request that adjudication of the act that is the subject of the
petition must be to a jury of twelve persons, and the court shall so order it. A
juvenile who requests a jury is deemed to have waived the time limit for an
adjudicatory trial pursuant to section 19-2.5-610 (4).
(b) When a jury is requested pursuant to this subsection (3), the following
challenges are allowed:
(I) If the petition alleges that one juvenile is an aggravated juvenile offender,
as described in section 19-2.5-1125 (4), the state and the juvenile are each entitled
to five peremptory challenges.
(II) If the petition alleges that more than one juvenile is an aggravated
juvenile offender, as described in section 19-2.5-1125 (4), and the adjudicatory trials
on the acts that are the subject of the petition are not severed, the state and the
defense are entitled to two additional challenges for every juvenile after the first,
not to exceed fifteen peremptory challenges per side; when multiple juveniles are
adjudicated in a single hearing, each peremptory challenge made on the part of the
juveniles must be made and considered as the joint peremptory challenge of all of
the juveniles.
(c) When more than one petition concerning different juveniles are
consolidated for the adjudication of the delinquent acts that are the subjects of the
petitions, peremptory challenges are allowed as if the juveniles had been joined in
the same petition in delinquency.
(4) (a) If a juvenile alleged to be an aggravated juvenile offender, as
described in section 19-2.5-1125 (4), admits the previous adjudications or probation
revocations alleged in the petition pursuant to subsection (2) of this section, further
proof of such previous adjudications or probation revocations is not required. Upon
a finding that the juvenile has committed the delinquent acts that are the subject of
the petition alleging that the juvenile is an aggravated juvenile offender, as
described in section 19-2.5-1125 (4), the court may enter any sentence authorized
by this section.
(b) If a juvenile alleged to be an aggravated juvenile offender, as described in
section 19-2.5-1125 (4), denies one or more of the previous adjudications or
probation revocations alleged in the petition pursuant to subsection (2) of this
section, the court, after a finding of guilty of the acts that are the subject of this
petition, shall conduct a separate hearing in which the court shall be the trier of
fact to determine whether the juvenile has suffered such adjudications or probation
revocations. Each count alleging a previous adjudication or probation revocation
must be proven beyond a reasonable doubt.
(c) In any hearing before the court pursuant to subsection (4)(b) of this
section, a duly authenticated copy of the record of an adjudication or probation
revocation is prima facie evidence that the juvenile suffered the adjudication or
probation revocation. In addition, any basic identification information that is part of
the record of the former adjudication or probation revocation at the place the
juvenile was incarcerated after disposition of the adjudication or probation
revocation may be introduced into evidence in any hearing before the court
pursuant to subsection (4)(b) of this section and is prima facie evidence of the
identity of the juvenile.