(1) A juvenile may be charged by the
direct filing of an information in the district court or by indictment only if the
juvenile is sixteen years of age or older at the time of the commission of the alleged
offense and:
(a) Is alleged to have committed a class 1 or class 2 felony; or
(b) Is alleged to have committed a sexual assault that is a crime of violence
pursuant to section 18-1.3-406 or a sexual assault under the circumstances
described in section 18-3-402 (5)(a); or
(c) (I) Is alleged to have committed a felony enumerated as a crime of
violence pursuant to section 18-1.3-406, other than a sexual assault as described in
subsection (1)(b) of this section, or is alleged to have committed sexual assault
pursuant to section 18-3-402, sexual assault on a child pursuant to section 18-3-405, or sexual assault on a child by one in a position of trust pursuant to section 18-3-405.3; and
(II) Is found to have a prior adjudicated felony offense; or
(d) Has previously been subject to proceedings in district court as a result of
a direct filing pursuant to this section or a transfer pursuant to section 19-2.5-802;
except that:
(I) If the juvenile is found not guilty in district court of the prior felony or any
lesser included offense, the subsequent charge must be remanded to the juvenile
court; and
(II) If the juvenile is convicted in district court in the prior case of a lesser
included or nonenumerated offense for which criminal charges could not have been
originally filed by information or indictment in the district court pursuant to this
section, the subsequent charge may be remanded to the juvenile court.
(2) If, after a preliminary hearing, the district court does not find probable
cause for an offense that may be charged by direct filing, or if the direct file eligible
offense is dismissed at a later date, the court shall remand the case to the juvenile
court.
(3) Notwithstanding section 19-2.5-802, after filing charges in the juvenile
court but before the juvenile court conducts a transfer hearing, the district attorney
may file the same or different charges against the juvenile by direct filing of an
information in the district court or by indictment pursuant to this section. Upon the
filing or indictment in the district court, the juvenile court no longer has jurisdiction
over proceedings concerning the charges.
(4) (a) After a juvenile case has been charged by direct filing of information
or by an indictment in district court, the juvenile may file in district court a motion to
transfer the case to juvenile court. The juvenile must file the motion no later than
the time to request a preliminary hearing. Upon receipt of the motion, the court
shall set the reverse-transfer hearing with the preliminary hearing. The court shall
permit the district attorney to file a response to the juvenile's motion to transfer the
case to juvenile court. The district attorney shall file the response no later than
fourteen days before the reverse-transfer hearing.
(b) In determining whether the juvenile and the community would be better
served by adjudicative proceedings pursuant to this article 2.5 or by proceedings
pursuant to title 16, the court shall consider the following factors:
(I) The seriousness of the alleged offense and whether the protection of the
community requires response or consequence beyond that afforded by this article
2.5;
(II) Whether the alleged offense was committed in an aggressive, violent,
premeditated, or willful manner;
(III) Whether the alleged offense was against persons or property, greater
weight being given to offenses against persons;
(IV) The age of the juvenile and the maturity of the juvenile, as determined by
considerations of the juvenile's home, environment, emotional attitude, and pattern
of living;
(V) The juvenile's record and previous history in prior court-related matters;
(VI) The juvenile's current and past mental health status, as evidenced by
relevant mental health or psychological assessments or screenings that are made
available to both the district attorney and defense counsel;
(VII) The likelihood of the juvenile's rehabilitation by use of the sentencing
options available in the juvenile courts and district courts;
(VIII) The interest of the community in the imposition of a punishment
commensurate with the gravity of the offense;
(IX) The impact of the offense on the victim;
(X) Whether the juvenile was previously committed to the department of
human services following an adjudication for a delinquent act that constitutes a
felony; and
(XI) Whether the juvenile used, or possessed and threatened the use of, a
deadly weapon in the commission of the delinquent act.
(c) If the district court determines pursuant to subsection (4)(b) of this
section that the juvenile and the community would be better served by adjudicative
proceedings pursuant to this article 2.5, the court shall enter an order directing that
the offenses against the juvenile be adjudicated in juvenile court pursuant to this
article 2.5.
(5) (a) If a juvenile is convicted following the filing of criminal charges by
information or indictment in the district court pursuant to this section, the district
judge shall sentence the juvenile either:
(I) As an adult; except that a juvenile is excluded from the mandatory
minimum sentencing provisions in section 18-1.3-406, unless the juvenile is
convicted of a class 1 felony or a sex offense that is subject to part 9 of article 1.3 of
title 18; or
(II) To the youthful offender system in the department of corrections in
accordance with section 18-1.3-407; except that a juvenile is ineligible for
sentencing to the youthful offender system if the juvenile is convicted of:
(A) A class 1 felony;
(B) Any sexual offense described in section 18-6-301 or 18-6-302 or part 4 of
article 3 of title 18; or
(C) A second or subsequent offense, if the juvenile received a sentence to
the department of corrections or to the youthful offender system for the prior
offense.
(b) The district court judge may sentence a juvenile pursuant to this article
2.5 if the juvenile is convicted of a lesser included or nonenumerated felony offense
for which criminal charges could not have been originally filed by information or
indictment in the district court pursuant to this section. If the juvenile is convicted
of only a misdemeanor offense or misdemeanor offenses, the court shall adjudicate
the juvenile a delinquent and sentence the juvenile pursuant to this article 2.5.
(c) If a juvenile is convicted of an offense that is not eligible for district court
jurisdiction pursuant to either this section or section 19-2.5-802, the juvenile must
be remanded to juvenile court.
(6) In the case of a person who is sentenced as a juvenile pursuant to
subsection (5) of this section, the following provisions apply:
(a) Section 19-2.5-1126 (1)(a), regarding mandatory sentence offenders;
(b) Section 19-2.5-1126 (1)(b), regarding repeat juvenile offenders;
(c) Section 19-2.5-1126 (1)(c), regarding violent juvenile offenders; and
(d) Sections 19-2.5-503 and 19-2.5-1127, regarding aggravated juvenile
offenders.
(7) The court in its discretion may appoint a guardian ad litem for a juvenile
charged by the direct filing of an information in the district court or by indictment
pursuant to this section.
(8) When a juvenile is sentenced pursuant to this article 2.5, the juvenile's
conviction must be adjudicated as a juvenile delinquency adjudication.
(9) For purposes of this section, violent juvenile offender has the same
meaning as set forth in section 19-2.5-1125 (3).