Section 19-2.5-1123 - Sentencing - mandatory detention - weapons and crimes of violence(1) In the case of a juvenile who has been adjudicated a juvenile delinquent for the commission of one of the offenses described in section 19-2.5-305 (3)(a)(V), the court shall sentence the juvenile to a minimum mandatory period of detention of not fewer than five days.(2) A juvenile who is less than thirteen years of age may not be sentenced to detention unless the juvenile has been adjudicated for a felony or weapons charge pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5. As an alternative, the juvenile probation department may conduct a presentence investigation pursuant to section 19-2.5-1101. The investigation may result in the juvenile: (a) Remaining in the custody of a parent, guardian, or legal custodian; or(b) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section 19-1-103, or other suitable person under such conditions as the court may impose; or(c) Being placed in a shelter facility; or(d) Being referred to a local county department of human or social services for assessment for placement.Renumbered from C.R.S. § 19-2-911 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.L. 2021: Entire article added with relocations, (SB 21-059), ch. 658, p. 658, § 2, effective October 1.This section is similar to former § 19-2-911 (2) and (3) as it existed prior to 2021.
Amended by 2019 Ch. 294, § 27, eff. 7/1/2019.Amended by 2017 Ch. 269, § 5, eff. 5/30/2017.L. 96: Entire article amended with relocations, p. 1663, § 1, effective January 1, 1997. L. 2001: (2) amended, p. 137, § 1, effective July 1. L. 2017: (1) amended and (3) added, (HB 17-1207), ch. 269, p. 1484, § 5, effective May 31.This section was formerly numbered as 19-2-703(1)(e)(I) and (1)(h)(I) . Prior to relocation in 1996, the said 19-2-703(1)(e)(I) and (1)(h)(I) were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title.