The Colorado Juvenile Criminal Sentencing Hearing – Part III of III
The Colorado Juvenile Criminal Sentencing Hearing Part I – this article addresses the options available to Magistrates and Judges in the Colorado Juvenile Justice Courts.
TThe Colorado Juvenile Criminal Sentencing Hearing – The “Special Juvenile Offender” Categories
A mandatory juvenile offender is a juvenile that meets ANY of the following criteria:
He or she was adjudicated as a juvenile delinquent twice or has been adjudicated a juvenile delinquent, and if his or her probation has been revoked for a delinquent act, and is subsequently adjudicated as a juvenile delinquent.
The Mandatory Sentence Offender – The Sentence:
The judge must order the mandatory juvenile offender out of the home for at least a year unless the court finds that an alternative sentence of a commitment of less than one year out of the home would be more appropriate. However, the court may reduce that sentence if the juvenile can show exemplary behavior.
A repeat juvenile offender meets the following criteria:
If he or she has been previously adjudicated for a delinquent act AND is subsequently adjudicated for a delinquent act that constitutes a felony OR if his or her probation is revoked for a delinquent act that constitutes a felony pursuant to C.R.S. 19-2-516(2).
The Repeat Juvenile Offender – The Sentence
The court sentences a juvenile adjudicated as a repeat juvenile to out of the home for not less than one year, unless the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate; except that:
If the person adjudicated as a repeat juvenile offender is eighteen years of age or older on the date of the sentencing hearing, the court has the authority to sentence that person – now an adult – to the county jail or to a community correctional facility or program for a period not to exceed two years, IF such person is adjudicated a repeat juvenile offender for criminal acts committed prior to that person’s eighteenth birthday
A repeat offender can also be sentenced to the Colorado Department of Human Services for a minimal term.
A violent juvenile offender must have reached the age of at least 13 years old and must be adjudicated a juvenile delinquent for a delinquent act that constitutes acrime of violence. C.R.S. 19-2-516(3). Typically these felonies involve serious bodily injury or death and/or a deadly weapon are crimes of violence.
The Violent Juvenile Offender – The Sentence
A violent juvenile offender – like the repeat juvenile offender – may also be sentenced to the Colorado Department of Human Services for a minimal term.
An aggravated juvenile offender meets at least ONE of these requirements:
The juvenile must be at least 12 years old and is adjudicated a juvenile delinquent for a delinquent act that constitutes a class 1 or class 2 felony.
The juvenile has had probation revoked for a delinquent act that constitutes a class 1 or class 2 felony.
The Aggravated Juvenile Offender – The Sentence
An aggravated juvenile offender may be placed into the Colorado Department of Corrections for five years.
Summary – Aggravated Juvenile Offender
Definition: § 19-2-516(4)
1) Juvenile is adjudicated for class 1 or 2 felony or has probation revoked for such an offense;
2) Juvenile has been adjudicated for felony and is then adjudicated/has probation revoked for crime of violence;
3) Juvenile is adjudicated or has probation revoked for felony sex offense.
Sentence: § 19-2-601(5)
1) Court may commit juvenile for determinate period of 5 years for offense other than a class 1 or 2 felony;
2) For class 2 felony, court shall commit for determinate period of 3 but not more than 5 years;
3) For class 1 felony, court shall commit for determinate period of 3 but not more than 7 years.
The Colorado Juvenile Criminal Sentencing Hearing – Parental Liability For The Acts Of Their Children In Colorado – 19-2-919
The question – asked by sometimes panicked parents – Am I responsible for the criminal acts of my children?
The answer is a qualified NO. But see this link on possible parents financial liability for their child’s restitution obligations.
Parents are responsible for the actions of their children to the extent of the following responsibilities:
- They may be liable under Colorado juvenile law for the following sentences:
- They may have to complete community service with the juvenile.
- They may have to attend parental responsibility programs.
- They may have to perform services to the victim designed to rehabilitate the juvenile.
- They may lose custody of the child temporarily. In rare circumstances, the parent may lose the child permanently.
- Parents may also be liable in a separate civil court for damages to the victim(s).
The Colorado Juvenile Criminal Sentencing Hearing
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at: [email protected] or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-227-7777.
If you are charged with A Colorado crime or you have questions aboutThe Colorado Juvenile Criminal Sentencing Hearing, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.
Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.
Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …The Colorado Juvenile Criminal Sentencing Hearing.