(1)The district
attorney or a juvenile who is accused in a petition of a delinquent act that
constitutes a class 1, 2, or 3 felony may demand and receive a preliminary hearing
to determine if there is probable cause to believe that the delinquent act alleged in
the petition was committed by the juvenile. In addition, the district attorney or a
juvenile who is accused in a petition of only those delinquent acts that constitute
class 4, 5, or 6 felonies, which felonies require mandatory sentencing, constitute
crimes of violence as defined in section 18-1.3-406, or constitute sexual offenses
pursuant to part 4 of article 3 of title 18, may demand and receive a preliminary
hearing to determine if there is probable cause to believe that the juvenile
committed the delinquent act alleg
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(1) The district
attorney or a juvenile who is accused in a petition of a delinquent act that
constitutes a class 1, 2, or 3 felony may demand and receive a preliminary hearing
to determine if there is probable cause to believe that the delinquent act alleged in
the petition was committed by the juvenile. In addition, the district attorney or a
juvenile who is accused in a petition of only those delinquent acts that constitute
class 4, 5, or 6 felonies, which felonies require mandatory sentencing, constitute
crimes of violence as defined in section 18-1.3-406, or constitute sexual offenses
pursuant to part 4 of article 3 of title 18, may demand and receive a preliminary
hearing to determine if there is probable cause to believe that the juvenile
committed the delinquent act alleged in the petition. A preliminary hearing may be
heard by a judge of the juvenile court or by a magistrate and conducted as follows:
(a) At the juvenile's advisement hearing and after the filing of the
delinquency petition, the prosecution shall make available to the juvenile the
discovery material required by the Colorado rules of juvenile procedure. The
juvenile or the prosecution may file a written motion for a preliminary hearing,
stating the basis therefor. Upon the filing of the motion, the court shall set the
matter for a hearing. The juvenile or the prosecution shall file a written motion for a
preliminary hearing not later than fourteen days after the advisement hearing.
(b) If the juvenile is being detained because of the delinquent act alleged in
the petition, the preliminary hearing must be held within thirty-five days after the
filing of the motion, unless good cause for continuing the hearing beyond that time
is shown to the court. If the juvenile is not being detained, it must be held as
promptly as the calendar of the court permits.
(c) At the preliminary hearing, the juvenile shall not be called upon to plead,
although the juvenile may cross-examine the prosecution witnesses and may
introduce evidence in the juvenile's own behalf. The prosecution has the burden of
establishing probable cause. The court at the hearing may temper the rules of
evidence in the exercise of sound judicial discretion.
(d) If the court determines that probable cause exists, it shall enter a finding
to that effect and schedule an adjudicatory trial. If from the evidence it appears to
the court that probable cause does not exist, it shall dismiss the delinquency
petition and the court shall discharge the juvenile from any restriction or other
previous temporary order stemming from the petition.
(2) (a) The district attorney and the juvenile who is accused in a petition of a
delinquent act that constitutes a class 4, 5, or 6 felony, except those that require
mandatory sentencing, that constitute crimes of violence as defined in section 18-1.3-406, or that constitute sexual offenses pursuant to part 4 of article 3 of title 18,
do not have the right to demand or receive a preliminary hearing but shall
participate in a dispositional hearing for the purposes of case evaluation and
potential resolution. A judge of the juvenile court or a magistrate may hear the
dispositional hearing.
(b) Any juvenile accused of a class 4, 5, or 6 felony who is not otherwise
entitled to a preliminary hearing pursuant to subsection (2)(a) of this section may
demand and shall receive a preliminary hearing within a reasonable time pursuant
to subsection (1) of this section if the juvenile is in custody; except that, upon
motion of either party, the court shall vacate the preliminary hearing if there is a
reasonable showing that the juvenile has been released from custody prior to the
preliminary hearing.
(3) A request for review of a preliminary hearing finding entered by a
magistrate must be filed pursuant to section 19-1-108 (5.5), and review must be
conducted pursuant to said section.
(4) The prosecution may file a motion to refile the petition in delinquency,
which motion must be accompanied by a verified affidavit stating the grounds
therefor.