Colorado |
Lower Age: | 10 |
Upper Age: | 17 |
Discretionary Waiver | Colo. Rev. Stat. Sec. 19-2-518 |
The juvenile court may certify a child meeting age/offense criteria for trial as an adult in district court if, after investigation and a hearing, it finds that (1) there is probable cause to believe that the child committed an offense for which judicial waiver is authorized and (2) "it would be contrary to the best interests of the juvenile or of the public to retain jurisdiction." The law lists 14 specific factors to be considered in making the determination. While the presence of certain factors in a case constitutes prima facie evidence in favor of transfer (see Presumptive Waiver), the weight to be given to the various factors is otherwise committed to the court's discretion. Written reports may be considered in making the determination, but at the request of any party the authors must appear and be cross-examined. |
Offense Category | Minimum Age | Offense Detail |
Certain Felonies | 12/14 | 12Class 1 or 2 felony. |
14Any felony. |
Murder | 12 | Murder, or the conspiracy or attempt to commit murder, where it involves either (1) the use, threatened use, or possession of a deadly weapon or (2) serious bodily injury or death. |
Person | 12 | Any felonious unlawful sexual offense involving either bodily injury to the victim or the use of threats, intimidation, or force; any of a long list of crimes (first or second degree assault, kidnapping, sexual assault, aggravated robbery, escape, criminal extortion, first degree arson, first degree burglary, and crimes against at-risk adults or at-risk juveniles), if it involves either (1) the use, threatened use, or possession of a deadly weapon; or (2) the causing of serious bodily injury or death. |
Presumptive Waiver | Colo. Rev. Stat. Sec. 19-2-518 |
At a juvenile court transfer hearing, the following constitute prima facie evidence that it would be contrary to the best interests of the juvenile or the community to retain jursidiction: (1) two or more previously sustained delinquency petitions for felonies or (2) two or more previous juvenile probation revocations for felonies. |
Direct File | Colo. Rev. Stat. Sec. 19-2-517 |
Charges against juveniles in various age/offense categories may be filed directly in the district court. |
Offense Category | Minimum Age | Offense Detail |
Certain Felonies | 14/16 | 14Class 1 or 2 felony; any felony committed by a person who has already been transferred to district court or subject to direct filing there for a previous offense (provided that if the previous case is still pending and the defendant is acquitted, the subsequent case must be remanded to juvenile court); any felony committed by a person determined to be a "habitual juvenile offender" (two prior felony adjudications); complicity in the commission of any of the above; or attempt, conspiracy, or solicitation to commit any of the above. |
16Any class 3 felony (except a crime qualifying as statutory rape solely because of the difference in age between the child and the victim) committed (or attempted or solicited, complied or conspired in) by a person who has been adjudicated for a felony within the previous 2 years. |
Murder | 14 | Murder; complicity in, solicitation, conspiracy, or attempt to commit murder, where it involves either (1) the use, threatened use, or possession of a deadly weapon or (2) serious bodily injury or death; vehicular homicide; or complicity in, solicitation, conspiracy or attempt to commit vehicular homicide. |
Person | 14 | Any felonious unlawful sexual offense involving either bodily injury to the victim or the use of threats, intimidation, or force; the use, threatened use, or possession of a deadly weapon during the commission of a felony offense against the person; any of a long list of crimes (first or second degree assault, kidnapping, sexual assault, aggravated robbery, escape, criminal extortion, first degree arson, first degree burglary, and crimes against at-risk adults or at-risk juveniles) involving either (1) the use, threatened use, or possession of a deadly weapon or (2) the causing of serious bodily injury or death; vehicular assault; and complicity in, solicitation, conspiracy, or attempt to commit any of the above. |
Reverse Waiver | Colo. Rev. Stat. Sec. 19-2-518 |
Following a transfer from juvenile court to district court, the district court judge has the power "to remand the case to the juvenile court for disposition at its discretion." (However, the court's sentencing discretion is restricted in the case of juveniles convicted of class 1 felonies and crimes of violence, and those classified as mandatory sentence offenders, violent juvenile offenders, and aggravated juvenile offenders.) |