§ 19-2.5-903 — Deferral of adjudication

Colorado § 19-2.5-903

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: The Colorado Juvenile Justice System

Text

(1) Except as set forth in subsection
(2) of this section, in any case in which the juvenile has agreed with the district
attorney to enter a plea of guilty, the court, with the consent of the juvenile and the
district attorney, upon accepting the guilty plea and entering an order deferring
adjudication, may continue the case for a period not to exceed one year after the
date of entry of the order deferring adjudication. The court may continue the case
for an additional one-year period for good cause.

(2) In a case in which the juvenile has agreed with the district attorney to
enter a plea of guilty, resulting in a conviction, as defined in section 16-22-102 (3),
for unlawful sexual behavior, as defined in section 16-22-102 (9), the court, with the
consent of the juvenile and district attorney, upon accepting the guilty plea and
entering an order deferring adjudication, may continue the case for a period of time
not to exceed two years after the date of the order deferring adjudication. Upon a
showing of good cause, the court may continue the case for additional time, not to
exceed five years after the date of the order deferring adjudication.

(3) A juvenile granted a deferral of adjudication pursuant to this section may
be placed under the supervision of a probation department. The court may impose
any conditions of supervision that it deems appropriate that are stipulated to by the
juvenile and the district attorney.

(4) Upon full compliance with the conditions of supervision, the plea of the
juvenile or the finding of guilt by the court must be withdrawn and the case
dismissed with prejudice.

(5) The district attorney or a probation officer may make an application for
entry of adjudication and imposition of sentence at any time within the term of the
deferred adjudication or within thirty-five days thereafter.

(6) If the juvenile fails to comply with the terms of supervision, the court
shall enter an order of adjudication and proceed to sentencing pursuant to section
19-2.5-1102. Lack of compliance is a matter to be determined by the court without a
jury, upon written application of the district attorney or probation department. At
least seven days' notice must be given to the juvenile and the juvenile's parents,
guardian, or legal custodian. The burden of proof is the same as if the matter were
being heard as a probation revocation proceeding.

(7) If the juvenile agrees to a deferral of adjudication, the juvenile waives all
rights to a speedy trial and sentencing.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 622, � 2, effective October 1.