Previous  Next

19-2-508. Detention and shelter - hearing - time limits - findings - review - confinement with adult offenders - restrictions.

Statute text

(1) A juvenile who must be taken from his or her home but who does not require physical restriction shall be given temporary care in a shelter facility designated by the court or the county department of social services and shall not be placed in detention.

(2) When a juvenile is placed in a detention facility, in a temporary holding facility, or in a shelter facility designated by the court, the screening team shall promptly so notify the court, the district attorney, and the local office of the state public defender. The screening team shall also notify a parent or legal guardian or, if a parent or legal guardian cannot be located within the county, the person with whom the juvenile has been residing and inform him or her of the right to a prompt hearing to determine whether the juvenile is to be detained further. The court shall hold the detention hearing within forty-eight hours, excluding Saturdays, Sundays, and legal holidays. For a juvenile being held in detention on a warrant for violating a valid court order on a status offense, the court shall hold the detention hearing within twenty-four hours, excluding Saturdays, Sundays, and legal holidays.

(2.5) A juvenile who is detained for committing a delinquent act shall be represented at the detention hearing by counsel. If the juvenile has not retained his or her own counsel, the court shall appoint the office of the state public defender or, in the case of a conflict, the office of alternate defense counsel to represent the juvenile. This appointment shall continue if the court appoints the office of the state public defender or the office of alternate defense counsel pursuant to section 19-2-706 (2) (a) unless:

(a) The juvenile retains his or her own counsel; or

(b) The juvenile makes a knowing, intelligent, and voluntary waiver of his or her right to counsel, as described in section 19-2-706 (2) (c).

(3) (a) (I) A juvenile taken into custody pursuant to this article and placed in a detention or shelter facility or a temporary holding facility is entitled to a hearing within forty-eight hours, excluding Saturdays, Sundays, and legal holidays, of such placement to determine if he or she should be detained. The time of the detention hearing must allow defense counsel sufficient time to consult with the juvenile before the detention hearing. This consultation may be performed by secure electronic means if the conditions under which the electronic consultation is held allow the consultation to be confidential. The time in which the hearing must be held may be extended for a reasonable time by order of the court upon good cause shown.

(I.5) The law enforcement agency that arrested the juvenile shall promptly provide to the court and to defense counsel the affidavit supporting probable cause for the arrest and the arrest report, if the arrest report is available, and the screening team shall promptly provide to the court and to defense counsel any screening material prepared pursuant to the juvenile's arrest. Upon completion of the detention hearing, the defense shall return any materials received pursuant to this subparagraph (I.5) unless the appointment is continued at the conclusion of the hearing.

(II) The only purposes of a detention hearing are to determine if a juvenile should be detained further and to define conditions under which he or she may be released, if his or her release is appropriate. A detention hearing shall not be combined with a preliminary hearing or a first advisement. Due to the limited scope of a detention hearing, the representation of a juvenile by appointed counsel at a detention hearing does not, by itself, create a basis for disqualification in the event that such counsel is subsequently appointed to represent another individual whose case is related to the juvenile's case.

(III) With respect to this section, the court may further detain the juvenile only if the court finds from the information provided at the hearing that the juvenile is a danger to himself or herself or to the community. Any information having probative value shall be received regardless of its admissibility under the rules of evidence. In determining whether a juvenile requires detention, the court shall consider any record of any prior adjudications of the juvenile. There shall be a rebuttable presumption that a juvenile is a danger to himself or herself or to the community if:

(A) The juvenile is alleged to have committed a felony enumerated as a crime of violence pursuant to section 18-1.3-406, C.R.S.; or

(B) The juvenile is alleged to have used, or possessed and threatened to use, a firearm during the commission of any felony offense against a person, as such offenses are described in article 3 of title 18, C.R.S.; or

(C) The juvenile is alleged to have committed possessing a dangerous or illegal weapon, as described in section 18-12-102, C.R.S.; possession of a defaced firearm, as described in section 18-12-103, C.R.S.; unlawfully carrying a concealed weapon, as described in section 18-12-105, C.R.S.; unlawfully carrying a concealed weapon on school, college, or university grounds, as described in section 18-12-105.5, C.R.S.; prohibited use of weapons, as described in section 18-12-106, C.R.S.; illegal discharge of a firearm, as described in section 18-12-107.5, C.R.S.; or illegal possession of a handgun by a juvenile, as described in section 18-12-108.5, C.R.S.

(III.5) Notwithstanding the provisions of subparagraph (III) of this paragraph (a), there shall be no presumption under sub-subparagraph (C) of subparagraph (III) of this paragraph (a) that a juvenile is a danger to himself or herself or the community if the item in the possession of the juvenile is alleged to be a BB gun, a pellet gun, or a gas gun.

(IV) At the conclusion of the hearing, the court shall enter one of the following orders:

(A) That the juvenile be released to the custody of a parent, guardian, or legal custodian without the posting of bond;

(B) That the juvenile be placed in a shelter facility;

(C) That bail be set and that the juvenile be released upon the posting of that bail;

(D) That no bail be set and that the juvenile be detained without bail upon a finding that such juvenile is a danger to himself or herself or to the community. Any juvenile who is detained without bail must be tried on the charges in the petition filed pursuant to subparagraph (V) of this paragraph (a) within the time limits set forth in section 19-2-108, unless the juvenile is deemed to have waived the time limit for an adjudicatory trial pursuant to section 19-2-107 (4).

(E) That no bail be set and that, upon the court's finding that the juvenile is a danger to himself or herself or to the community, the juvenile be placed in a preadjudication service program established pursuant to section 19-2-302. This sub-subparagraph (E) shall not apply to any case in which the juvenile's alleged offense is one of the offenses described in subparagraph (III) of this paragraph (a).

(V) When the court orders further detention of the juvenile or placement of the juvenile in a preadjudication service program after a detention hearing, the district attorney shall file a petition alleging the juvenile to be a delinquent within seventy-two hours after the detention hearing, excluding Saturdays, Sundays, and legal holidays. The juvenile shall be held or shall participate in a preadjudication service program pending a hearing on the petition. Upon a showing of good cause, the court may extend such time for the filing of charges.

(VI) Following the detention hearing, if the court orders that the juvenile be released and, as a condition of such release, requires the juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement.

(VII) If the court orders further detention of a juvenile pursuant to the provisions of this section, said order shall contain specific findings as follows:

(A) Whether placement of the juvenile out of his or her home would be in the juvenile's and the community's best interests;

(B) Whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home, whether it is reasonable that such efforts not be provided due to the existence of an emergency situation that requires the immediate removal of the juvenile from the home, or whether such efforts not be required due to the circumstances described in section 19-1-115 (7); and

(C) Whether procedural safeguards to preserve parental rights have been applied in connection with the removal of the juvenile from the home, any change in the juvenile's placement in a community placement, or any determination affecting parental visitation of the juvenile.

(b) (I) If it appears that any juvenile being held in detention or shelter may be developmentally disabled, as provided in article 10.5 of title 27, C.R.S., the court or detention personnel shall refer the juvenile to the nearest community centered board for an eligibility determination. If it appears that any juvenile being held in a detention or shelter facility pursuant to the provisions of this article may have a mental illness, as provided in sections 27-65-105 and 27-65-106, C.R.S., the intake personnel or other appropriate personnel shall contact a mental health professional to do a mental health hospital placement prescreening on the juvenile. The court shall be notified of the contact and may take appropriate action. If a mental health hospital placement prescreening is requested, it shall be conducted in an appropriate place accessible to the juvenile and the mental health professional. A request for a mental health hospital placement prescreening shall not extend the time within which a detention hearing shall be held pursuant to this section. If a detention hearing has been set but has not yet occurred, the mental health hospital placement prescreening shall be conducted prior to the hearing; except that the prescreening shall not extend the time within which a detention hearing shall be held.

(II) If a juvenile has been ordered detained pending an adjudication, disposition, or other court hearing and the juvenile subsequently appears to have a mental illness, as provided in section 27-65-105 or 27-65-106, C.R.S., the intake personnel or other appropriate personnel shall contact the court with a recommendation for a mental health hospital placement prescreening. A mental health hospital placement prescreening shall be conducted at any appropriate place accessible to the juvenile and the mental health professional within twenty-four hours of the request, excluding Saturdays, Sundays, and legal holidays.

(III) When the mental health professional finds, as a result of the prescreening, that the juvenile may have a mental illness, the mental health professional shall recommend to the court that the juvenile be evaluated pursuant to section 27-65-105 or 27-65-106, C.R.S.

(IV) Nothing in this paragraph (b) shall be construed to preclude the use of emergency procedures pursuant to section 27-65-105 (1), C.R.S.

(c) (I) A juvenile taken to a detention or shelter facility or a temporary holding facility pursuant to section 19-2-502 as the result of an allegedly delinquent act that constitutes any of the offenses described in subparagraph (III) of paragraph (a) of this subsection (3) shall not be released from such facility if a law enforcement agency has requested that a detention hearing be held to determine whether the juvenile's immediate welfare or the protection of the community requires that the juvenile be detained. A juvenile shall not thereafter be released from detention except after a hearing, reasonable advance notice of which has been given to the district attorney, alleging new circumstances concerning the further detention of the juvenile.

(II) Following a detention hearing held in accordance with subparagraph (I) of this paragraph (c), a juvenile who is to be tried as an adult for criminal proceedings pursuant to a direct filing or transfer shall not be held at any adult jail or pretrial facility unless the district court finds, after a hearing held pursuant to subparagraph (IV), (V), or (VI) of this paragraph (c), that an adult jail is the appropriate place of confinement for the juvenile.

(III) In determining whether an adult jail is the appropriate place of confinement for the juvenile, the district court shall consider the following factors:

(A) The age of the juvenile;

(B) Whether, in order to provide physical separation from adults, the juvenile would be deprived of contact with other people for a significant portion of the day or would not have access to recreational facilities or age-appropriate educational opportunities;

(C) The juvenile's current emotional state, intelligence, and developmental maturity, including any emotional and psychological trauma, and the risk to the juvenile caused by his or her placement in an adult jail, which risk may be evidenced by mental health or psychological assessments or screenings made available to the district attorney and to defense counsel;

(D) Whether detention in a juvenile facility will adequately serve the need for community protection pending the outcome of the criminal proceedings;

(E) Whether detention in a juvenile facility will negatively impact the functioning of the juvenile facility by compromising the goals of detention to maintain a safe, positive, and secure environment for all juveniles within the facility;

(F) The relative ability of the available adult and juvenile detention facilities to meet the needs of the juvenile, including the juvenile's need for mental health and educational services;

(G) Whether the juvenile presents an imminent risk of harm to himself or herself or others within a juvenile facility;

(H) The physical maturity of the juvenile; and

(I) Any other relevant factors.

(IV) After charges are filed directly in district court against a juvenile pursuant to section 19-2-517 or a juvenile is transferred to district court pursuant to section 19-2-518, the division of youth corrections may petition the district court to transport the juvenile to an adult jail. The district court shall hold a hearing on the place of pretrial detention for the juvenile as soon as practicable, but no later than twenty days after the receipt of the division's petition to transport. The district attorney, sheriff, or juvenile may file a response to the petition and participate in the hearing. The juvenile shall remain in a juvenile detention facility pending hearing and decision by the district court.

(V) If a juvenile is placed in the division of youth corrections and is being tried in district court, the division of youth corrections may petition the court for a forthwith hearing to terminate juvenile detention placement if the juvenile's placement in a juvenile detention facility presents an imminent danger to the other juveniles or to staff at the detention facility. In making its determination, the court shall review the factors set forth in subparagraph (III) of this paragraph (c).

(VI) If the district court determines that an adult jail is the appropriate place of confinement for the juvenile, the juvenile may petition the court for a review hearing. The juvenile may not petition for a review hearing within thirty days after the initial confinement decision or within thirty days after any subsequent review hearing. Upon receipt of the petition, the court may set the matter for a hearing if the juvenile has alleged facts or circumstances that, if true, would warrant reconsideration of the juvenile's placement in an adult jail based upon the factors set forth in subparagraph (III) of this paragraph (c) and the factors previously relied upon by the court.

(3.5) Repealed.

(4) (a) No jail shall receive a juvenile for detention following a detention hearing pursuant to this section unless the juvenile has been ordered by the court to be held for criminal proceedings as an adult pursuant to a transfer or unless the juvenile is to be held for criminal proceedings as an adult pursuant to a direct filing. No juvenile under the age of fourteen and, except upon order of the court, no juvenile fourteen years of age or older shall be detained in a jail, lockup, or other place used for the confinement of adult offenders. The exception for detention in a jail shall be used only if the juvenile is being held for criminal proceedings as an adult pursuant to a direct filing or transfer.

(b) Whenever a juvenile is held pursuant to a direct filing or transfer in a facility where adults are held, the juvenile shall be physically segregated from the adult offenders.

(b.5) (I) When a juvenile who is to be held for criminal proceedings as an adult pursuant to a direct filing or transfer of charges, as provided in sections 19-2-517 and 19-2-518, respectively, is received at a jail or other facility for the detention of adult offenders, the official in charge of the jail or facility, or his or her designee, shall, as soon as practicable, contact the person designated pursuant to section 22-32-141, C.R.S., by the school district in which the jail or facility is located to request that the school district provide educational services for the juvenile for the period during which the juvenile is held at the jail or facility. The school district shall provide the educational services in accordance with the provisions of section 22-32-141, C.R.S. The official, in cooperation with the school district, shall provide an appropriate and safe environment to the extent practicable in which the juvenile may receive educational services.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b.5), if either the official in charge of the jail or facility or the school district determines that an appropriate and safe environment cannot be provided for a specific juvenile, the official and the school district shall be exempt from the requirement to provide educational services to the juvenile until such time as an environment that is determined to be appropriate and safe by both the official and the school district can be provided. If the school district will not be providing educational services to a juvenile because of the lack of an appropriate and safe environment, the official in charge of the jail or facility shall notify the juvenile, his or her parent or legal guardian, the juvenile's defense attorney, and the court having jurisdiction over the juvenile's case.

(III) The official in charge of the jail or facility for the detention of adult offenders, or his or her designee, in conjunction with each school district that provides educational services at the jail or facility, shall annually collect nonidentifying data concerning:

(A) The number of juveniles held at the jail or facility who are awaiting criminal proceedings as an adult pursuant to a direct filing or transfer of charges, as provided in sections 19-2-517 and 19-2-518, respectively, for the year;

(B) The length of stay of each of the juveniles in the jail or facility;

(C) The number of the juveniles in the jail or facility who received educational services pursuant to this paragraph (b.5);

(D) The number of days on which school districts provided educational services to the juveniles in the jail or facility and the number of hours for which school districts provided the educational services each day;

(E) The number of juveniles in the jail or facility who were exempt from receiving educational services pursuant to section 22-32-141 (2) (c), (2) (e), (2) (f), and (2) (g), C.R.S.;

(F) The number of juveniles in the jail or facility who had previously been determined pursuant to section 22-20-108, C.R.S., to be eligible for special education services and had an individualized education program; and

(G) The number of juveniles in the jail or facility who, while receiving educational services at the jail or facility, were determined pursuant to section 22-20-108, C.R.S., to be eligible for special education services and had subsequently received an individualized education program.

(IV) The official in charge of the jail or facility shall submit the information collected pursuant to subparagraph (III) of this paragraph (b.5) to the division of criminal justice in the department of public safety. The division of criminal justice shall make the information available to a member of the public upon request.

(c) The official in charge of a jail or other facility for the detention of adult offenders shall immediately inform the court that has jurisdiction of the juvenile's alleged offense when a juvenile who is or appears to be under eighteen years of age is received at the facility, except for a juvenile ordered by the court to be held for criminal proceedings as an adult.

(d) (I) Any juvenile arrested and detained for an alleged violation of any article of title 42, C.R.S., or for any alleged violation of a municipal or county ordinance, and not released on bond, shall be taken before a judge with jurisdiction of such violation within forty-eight hours for the fixing of bail and conditions of bond pursuant to subparagraph (IV) of paragraph (a) of subsection (3) of this section. A juvenile may be detained in a jail, lockup, or other place used for the confinement of adult offenders only for processing for no longer than six hours and during such time shall be placed in a setting that is physically segregated by sight and sound from the adult offenders, and in no case may the juvenile be detained in such place overnight. After six hours, the juvenile may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time under this subsection (4), Saturdays, Sundays, and legal holidays shall be included.

(II) A sheriff or police chief who violates the provisions of subparagraph (I) of this paragraph (d) may be subject to a civil fine of no more than one thousand dollars. The decision to fine shall be based on prior violations of the provisions of subparagraph (I) of this paragraph (d) by the sheriff or police chief and the willingness of the sheriff or police chief to address the violations in order to comply with subparagraph (I) of this paragraph (d).

(e) The official in charge of a jail, lockup, or other facility for the confinement of adult offenders that receives a juvenile for detention should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any such juvenile with known past or current affiliations or associations with any gang so as to prevent contact with other inmates at such jail, lockup, or other facility. The official should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new gang members from among the general inmate population. For purposes of this paragraph (e), "gang" is defined in section 19-1-103 (52).

(f) Any person who is eighteen years of age or older who is being detained for a delinquent act or criminal charge over which the juvenile court has jurisdiction, or for which charges are pending in district court pursuant to a direct filing or transfer if the person has not already been transferred to the county jail pursuant to the provisions of subparagraph (IV) of paragraph (c) of subsection (3) of this section, shall be detained in the county jail in the same manner as if such person is charged as an adult.

(g) A juvenile court shall not order a juvenile offender who is under eighteen years of age at the time of sentencing to enter a secure setting or secure section of an adult jail or lockup as a disposition for an offense or as a means of modifying the juvenile offender's behavior.

(5) A juvenile has the right to bail as limited by the provisions of this section.

(6) The court may also issue temporary orders for legal custody as provided in section 19-1-115.

(7) Any law enforcement officer, employee of the division of youth corrections, or another person acting under the direction of the court who in good faith transports any juvenile, releases any juvenile from custody pursuant to a written policy of a court, releases any juvenile pursuant to any written criteria established pursuant to this title, or detains any juvenile pursuant to court order or written policy or criteria established pursuant to this title shall be immune from civil or criminal liability that might otherwise result by reason of such act. For purposes of any proceedings, civil or criminal, the good faith of any such person shall be presumed.

(8) (a) A juvenile who allegedly commits a status offense or is convicted of a status offense shall not be held in a secure area of a jail or lockup.

(b) A sheriff or police chief who violates the provisions of paragraph (a) of this subsection (8) may be subject to a civil fine of no more than one thousand dollars. The decision to fine shall be based on prior violations of the provisions of paragraph (a) of this subsection (8) by the sheriff or police chief and the willingness of the sheriff or police chief to address the violations in order to comply with paragraph (a) of this subsection (8).

History

Source: L. 96: Entire article amended with relocations, p. 1630, 1, effective January 1, 1997. L. 99: (3)(a)(VII) added, p. 909, 3, effective July 1. L. 2001: (3)(a)(VII) amended, p. 843, 4, effective June 1. L. 2002: (3)(b) amended, p. 576, 8, effective May 24; (3)(a)(III)(A) amended, p. 1524, 226, effective October 1. L. 2003: (3)(a)(III.5) added, p. 1902, 4, effective July 1. L. 2005: (3)(b)(III) amended, p. 1054, 3, effective July 1. L. 2006: (4)(d) amended and (4)(g) and (8) added, pp. 256, 257, 2, 3, effective March 31; (3)(b)(I), (3)(b)(II), and (3)(b)(III) amended, p. 1400, 53, effective August 7. L. 2007: (3.5) added, p. 1107, 1, effective August 3. L. 2009: (3)(c) amended, (HB 09-1321), ch. 351, p. 1833, 1, effective June 1. L. 2010: (3)(b) amended, (SB 10-175), ch. 188, p. 789, 38, effective April 29; (3)(c)(II)(F) amended and (4)(b.5) added, (SB 10-054), ch. 265, pp. 1215, 1212, 7, 4, effective May 25. L. 2012: (3)(c) amended, (HB 12-1139), ch. 18, p. 49, 1, effective March 15. L. 2013: (4)(f) amended, (SB 13-229), ch. 272, p. 1430, 11, effective July 1. L. 2014: (2), (3)(a)(I), (3)(a)(II), and IP(3)(a)(III) amended and (2.5) and (3)(a)(I.5) added, (HB 14-1032), ch. 247, p. 949, 2, effective November 1.

Annotations

Editor's note: (1) This section was formerly numbered as 19-2-204. Prior to relocation in 1996, the said section 19-2-204 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

(2) Subsection (3.5)(b) provided for the repeal of subsection (3.5), effective July 1, 2010. (See L. 2007, p. 1107.)

Annotations

Cross references: For the legislative declaration contained in the 1999 act enacting subsection (3)(a)(VII), see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative declaration contained in the 2001 act amending subsection (3)(a)(VII), see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration contained in the 2002 act amending subsection (3)(a)(III)(A), see section 1 of chapter 318, Session Laws of Colorado 2002.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "New Juvenile Justice Laws Increase Options for Youth", see 42 Colo. Law. 37 (April 2013).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

This section does not violate constitutional guarantees of due process to juveniles. Juveniles do not have an absolute constitutional right to bail and the presumption statute does not impermissibly shift the burden of proof from the state to the juvenile with respect to establishing whether secure detention is warranted. Instead, the statute merely requires the juvenile to introduce some evidence to overcome the presumption of dangerousness created by the statute. People v. Juvenile Court, 893 P.2d 81 (Colo. 1995).

Detention hearing required whether placement is in shelter or detention facility. The term "detention hearing", in the context of subsection (2), refers to a situation where a child is placed in a shelter facility as well as a situation where a child is placed in a detention facility. In both situations the child is removed from the custody of the parents, and both the statute and due process require a prompt hearing to determine whether the welfare of the child or of the community require that the "detention" continue. P.F.M. v. Dist. Court, 184 Colo. 393, 520 P.2d 742 (1974).

Hearing requirement is not jurisdictional. It would be contrary to the purposes of the Colorado Children's Code and possibly to the best interests of the children involved to hold that the hearing requirement of subsection (2) is jurisdictional. P.F.M. v. Dist. Court, 184 Colo. 393, 520 P.2d 742 (1974).

Shelter hearing is a preadjudicatory stage of the case and is not intended to resolve the rights of natural parents to the legal custody of their child. S.L. v. Dist. Court, 676 P.2d 12 (Colo. 1984); W.H. v. Juvenile Court, 735 P.2d 191 (Colo. 1987).

Shelter or detention hearing distinguished from a dependency or neglect adjudicatory hearing. W.H. v. Juvenile Court, 735 P.2d 191 (Colo. 1987).

The applicable test for deciding whether to continue a child's shelter or "detention" at the preadjudication shelter hearing is whether temporary protective custody is necessary for protection of the child's welfare and best interest. W.H. v. Juvenile Court, 735 P.2d 191 (Colo. 1987).

Subsection (1) is applicable only to juveniles who require physical restriction, it is not applicable to a juvenile who is detained because he has allegedly committed a felony offense and who does require physical restriction. People v. Juvenile Court, 893 P.2d 81 (Colo. 1995).

"Legal custodian" does not encompass a state agency or employee thereof to which a delinquent child has been committed. People v. McAnally, 192 Colo. 12, 554 P.2d 1100 (1976).

"Order". Section 19-1-103 does not define "order" as that word is used in former subsection (6)(a) (now subsection (4)(a)). However, court order has been broadly defined in case law as any direction of a court not contained or included in a judgment. Hence, a directive issued by a juvenile court judge to a director of a juvenile detention center and warden of a county jail defining standards for placing a juvenile in the county jail was an order satisfying the requirements of former subsection (6)(a). C.C.C. v. Dist. Court, 188 Colo. 437, 535 P.2d 1117 (1975).

The evidence presented by a juvenile to overcome the presumption of dangerousness created by this section need not implicate constitutional protections against self-incrimination. Evidence that one does not constitute a danger to himself or others need not focus on the particular events giving rise to the person's detention. People v. Juvenile Court, 893 P.2d 81 (Colo. 1995).

This section and the handgun statute ( 18-12-108.5) were adopted to secure the safety of juveniles and the communities in which they reside. The Colorado Children's Code has consistently evidenced a legislative intent to accomplish both such purposes. People v. Juvenile Court, 893 P.2d 81 (Colo. 1995).

Detention of juveniles possessing deadly weapons prior to the conclusion of formal adjudicatory proceedings serves a legitimate state objective in view of the relationship between possession of a deadly weapon by a juvenile and the risk of imminent and serious harm to the community or the juvenile. Trial court's findings that confinement of juveniles in certain secure detention facilities constituted punishment did not resolve the issue of the facial validity of the statute creating a presumption of dangerousness. A court must consider the legislative purposes giving rise to the statute, the relationship between the statutory provisions and the purposes, and the procedures authorized by the statute. People v. Juvenile Court, 893 P.2d 81 (Colo. 1995).

Presumption statute does not violate fundamental fairness doctrine in light of the facts that the statute does not reflect a punitive legislative purpose, it limits the length of detention to a maximum of 67 days, and it establishes procedural safeguards. People v. Juvenile Court, 893 P.2d 81 (Colo. 1995).

Juvenile courts cannot delegate power to detain to executive branch. The Colorado Children's Code gives the juvenile courts the power to detain 14- and 15-year-old children in an adult detention facility, but the court cannot delegate its judicial power to the executive branch. C.C.C. v. Dist. Court, 188 Colo. 437, 535 P.2d 1117 (1975).

Juvenile court's directive not unconstitutional delegation of court's power. Juvenile court judge's directive that no child be detained in the county jail at the request of a policeman, deputy sheriff, state patrolman, or other peace officer or the district attorney, unless the child has been taken to the juvenile detention center and the staff had requested in writing both that the child be detained at the jail instead of the detention center and the reasons therefor was not an unconstitutional delegation of juvenile court's power. C.C.C. v. Dist. Court, 188 Colo. 437, 535 P.2d 1117 (1975).

Child does not have an absolute constitutional or statutory right to bail pending adjudication of the charges filed against him in juvenile court. L.O.W. v. Dist. Court, 623 P.2d 1253 (Colo. 1981).

Court's discretion to detain subordinated to right to bail. The trial court has discretion under subsection (3) to detain a juvenile, but under former subsection (7) (now subsection (5)) its discretion is subordinated to a juvenile's right to bail. L.O.W. v. Dist. Court, 623 P.2d 1253 (Colo. 1981).

And bail denied only where detention necessary to protect child or others. A trial court may detain a juvenile without bail only after giving due weight to the presumption that a juvenile should be released pending a dispositional hearing except in narrowly defined circumstances where the state establishes that detention is necessary to protect the child from imminent harm or to protect others in the community from serious bodily harm which the child is likely to inflict. L.O.W. v. Dist. Court, 623 P.2d 1253 (Colo. 1981).

Court properly recalculated speedy trial period pursuant to 19-2-509 to run from date that the juvenile entered a not guilty plea. Juvenile was originally held without bail. The juvenile was later committed to the department of youth corrections in another case. The court later vacated the no-bond hold and released the juvenile on the charges in this case. As the juvenile was not detained because of this case, the speedy trial provisions of subsection (3)(a)(IV)(D) did not apply. People ex rel. T.A., 91 P.3d 473 (Colo. App. 2004).

Allegations of negligence alone are not sufficient to overcome the grant of immunity and presumption of good faith afforded to law enforcement officers under subsection (7). Young v. Jefferson County Sheriff, 2014 CO 1, 318 P.3d 458.

Applied in People v. Salazar, 189 Colo. 429, 541 P.2d 676 (1975); People v. A.F., 192 Colo. 207, 557 P.2d 418 (1976).