(1) (a) The juvenile court may enter an order
certifying a juvenile to be held for criminal proceedings in the district court if:
(I) A petition filed in juvenile court alleges the juvenile is:
(A) Twelve or thirteen years of age at the time of the commission of the
alleged offense and is a juvenile delinquent by virtue of having committed a
delinquent act that constitutes a class 1 or class 2 felony or a crime of violence, as
defined in section 18-1.3-406; or
(B) Fourteen years of age or older at the time of the commission of the
alleged offense and is a juvenile delinquent by virtue of having committed a
delinquent act that constitutes a felony; and
(II) After investigation and a hearing, the juvenile court finds it would be
contrary to the best interests of the juvenile or of the public to retain jurisdiction.
(b) A petition may be transferred from the juvenile court to the district court
only after a hearing as provided in this section.
(c) If the crime alleged to have been committed is a felony defined by section
18-8-208, and no other crime is alleged to have been committed and the juvenile
has been adjudicated a juvenile delinquent for a delinquent act that constitutes a
class 4 or 5 felony, then the charge for the crime may not be filed directly in the
district court, but the juvenile court may transfer the charge to the district court
pursuant to subsection (1)(a) of this section.
(d) (I) If a juvenile is convicted in cases in which criminal charges are
transferred to the district court pursuant to this section, the district court judge
shall sentence the juvenile either:
(A) 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
(B) To the youthful offender system in the department of corrections in
accordance with section 18-1.3-407; except that a juvenile is not eligible for
sentencing to the youthful offender system if the juvenile is convicted of a class 1
felony; any sexual offense described in section 18-6-301 or 18-6-302, or part 4 of
article 3 of title 18; or 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.
(II) 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
in cases in which criminal charges are transferred to 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.
(III) If a juvenile is convicted of an offense that is not eligible for district court
jurisdiction pursuant to either this section or section 19-2.5-801, the juvenile shall
be remanded to juvenile court for sentencing pursuant to this article 2.5.
(IV) In the case of a person who is sentenced as a juvenile pursuant to this
subsection (1)(d), 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) Section 19-2.5-1127, regarding aggravated juvenile offenders.
(V) The court in its discretion may appoint a guardian ad litem for a juvenile
following the transfer of charges to the district court pursuant to this section.
(VI) When a juvenile is sentenced pursuant to this article 2.5, the juvenile's
conviction shall be adjudicated as a juvenile delinquency adjudication.
(VII) For purposes of this subsection (1)(d), violent juvenile offender has the
same meaning as defined in section 19-2.5-1125 (3).
(e) Whenever a juvenile under the age of fourteen years is sentenced
pursuant to section 18-1.3-401 as provided in subsection (1)(d) of this section, the
department of corrections shall contract with the department of human services to
house and provide services to the juvenile in a facility operated by the department
of human services until the juvenile reaches the age of fourteen years. On reaching
the age of fourteen years, the juvenile must be transferred to an appropriate facility
operated by the department of corrections for the completion of the juvenile's
sentence.
(2) After filing charges in the juvenile court but prior to the time that 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 section 19-2.5-801. Upon the filing or
indictment in the district court, the juvenile court no longer has jurisdiction over
proceedings concerning the charges.
(3) At the transfer hearing, the court shall consider:
(a) Whether there is probable cause to believe that the juvenile has
committed a delinquent act for which waiver of juvenile court jurisdiction over the
juvenile and transfer to the district court may be sought pursuant to subsection (1)
of this section; and
(b) Whether the interests of the juvenile or of the community would be better
served by the juvenile court's waiving its jurisdiction over the juvenile and
transferring jurisdiction over the juvenile to the district court.
(4) (a) The hearing must be conducted as set forth in section 19-1-106, and
the court shall make certain that the juvenile and the juvenile's parents, guardian,
or legal custodian have been fully informed of their right to be represented by
counsel.
(b) In considering whether to waive juvenile court jurisdiction over the
juvenile, the juvenile court shall consider the following factors:
(I) The seriousness of the offense and whether the protection of the
community requires isolation of the juvenile beyond that afforded by juvenile
facilities;
(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 juvenile's maturity, as determined by considerations of the juvenile's
home, environment, emotional attitude, and pattern of living;
(V) The juvenile's record and previous history;
(VI) The likelihood of the juvenile's rehabilitation by use of facilities available
to the juvenile court;
(VII) The interest of the community in the imposition of a punishment
commensurate with the gravity of the offense;
(VIII) The impact of the offense on the victim;
(IX) Whether the juvenile was twice previously adjudicated a delinquent
juvenile for delinquent acts that constitute felonies;
(X) Whether the juvenile was previously adjudicated a juvenile delinquent for
a delinquent act that constitutes a crime of violence, as defined in section 18-1.3-406;
(XI) Whether the juvenile was previously committed to the department of
human services following an adjudication for a delinquent act that constitutes a
felony;
(XII) Whether the juvenile is sixteen years of age or older at the time of the
offense and the present act constitutes a crime of violence, as defined in section
18-1.3-406;
(XIII) Whether the juvenile is sixteen years of age or older at the time of the
offense and has been twice previously adjudicated a juvenile delinquent for
delinquent acts against property that constitute felonies; and
(XIV) Whether the juvenile used, or possessed and threatened the use of, a
deadly weapon in the commission of a delinquent act.
(c) The amount of weight to be given to each of the factors listed in
subsection (4)(b) of this section is discretionary with the court; except that a record
of two or more previously sustained petitions for delinquent acts that constitute
felonies or a record of two or more juvenile probation revocations based on acts
that constitute felonies establish prima facie evidence that to retain jurisdiction in
juvenile court would be contrary to the best interests of the juvenile or of the
community.
(d) The insufficiency of evidence pertaining to any one or more of the factors
listed in subsection (4)(b) of this section is not in and of itself determinative of the
issue of waiver of juvenile court jurisdiction.
(5) Written reports and other materials relating to the juvenile's mental,
physical, educational, and social history may be considered by the court, but the
court, if so requested by the juvenile, the juvenile's parent or guardian, or other
interested party, shall require the person or agency preparing the report and other
material to appear and be subject to both direct and cross-examination.
(6) (a) If the court finds that its jurisdiction over a juvenile should be waived,
it shall enter an order to that effect; except that such order of waiver is null and
void if the district attorney fails to file an information in the criminal division of the
district court within five days after issuance of the written order of waiver,
exclusive of Saturdays, Sundays, and court holidays. Upon failure of the district
attorney to file an information within five days of the issuance of the written order
of waiver, exclusive of Saturdays, Sundays, and court holidays, the juvenile court
shall retain jurisdiction and shall proceed pursuant to this article 2.5.
(b) As a condition of the waiver of jurisdiction, the court in its discretion may
provide that a juvenile shall continue to be held in custody pending the filing of an
information in the criminal division of the district court. Where the juvenile has
made bond in proceedings in the juvenile court, the bond may be continued and
made returnable in and transmitted to the district court, where it must continue in
full force and effect unless modified by order of the district court.
(7) If the court finds that it is in the best interests of the juvenile and of the
public for the court to retain jurisdiction, it shall proceed with the adjudicatory trial
pursuant to part 9 of this article 2.5.