Signed by Governor John Hickenlooper

Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for trying juveniles as adults and repeals the authority of district attorneys to direct file against juveniles.

Highlights:

• Repeals the authority of district attorneys to decide whether to charge juveniles as adults and establishes that only judges have the authority to decide in what court a juvenile will be tried (Sec. 1).

• Authorizes a juvenile to be charged as an adult only in the following circumstances (Sec. 1):
• The juvenile is 16 years or older at the time of the alleged offense, whereas existing law authorized adult charges for juveniles 14 years or older;
• The alleged offense is:
• A class 1 or class 2 felony; or
• A violent sexual assault;
• Any other violent felony; or
• The juvenile has previously been found guilty of one of the above offenses in a district court.

• Requires the court to consider certain factors in its decision of whether to try a juvenile as an adult, including but not limited to, the following factors (Sec. 1):
• The seriousness of the alleged offense;
• The alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
• The age and maturity of the juvenile;
• The record and history of the juvenile,
• The current and past mental health of the juvenile; and
• The likelihood of the juvenile’s rehabilitation.

• Authorizes a juvenile to file a petition to transfer his or her case from a district court to a juvenile court (Sec. 1).

• Requires the district judge to sentence a juvenile convicted of criminal charges in district court to the youthful offender system in the department of corrections, unless the juvenile qualifies for adult sentencing through a conviction of any of the following offenses (Sec. 1):
• A class 1 felony;
• A sexual offense; or
• A second or subsequent offense.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for trying juveniles as adults and repeals the authority of district attorneys to direct file against juveniles.

Highlights:

• Repeals the authority of district attorneys to decide whether to charge juveniles as adults and establishes that only judges have the authority to decide in what court a juvenile will be tried (Sec. 1).

• Authorizes a juvenile to be charged as an adult only in the following circumstances (Sec. 1):
• The juvenile is 16 years or older at the time of the alleged offense, whereas existing law authorized adult charges for juveniles 14 years or older;
• The alleged offense is:
• A class 1 or class 2 felony; or
• A violent sexual assault;
• Any other violent felony; or
• The juvenile has previously been found guilty of one of the above offenses in a district court.

• Requires the court to consider certain factors in its decision of whether to try a juvenile as an adult, including but not limited to, the following factors (Sec. 1):
• The seriousness of the alleged offense;
• The alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
• The age and maturity of the juvenile;
• The record and history of the juvenile,
• The current and past mental health of the juvenile; and
• The likelihood of the juvenile’s rehabilitation.

• Authorizes a juvenile to file a petition to transfer his or her case from a district court to a juvenile court (Sec. 1).

• Requires the district judge to sentence a juvenile convicted of criminal charges in district court to the youthful offender system in the department of corrections, unless the juvenile qualifies for adult sentencing through a conviction of any of the following offenses (Sec. 1):
• A class 1 felony;
• A sexual offense; or
• A second or subsequent offense.

Full Bill Text