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    Sentencing Schedule – Options 19-2-907

    H. Michael Steinberg is both an experienced and a dedicated Colorado Juvenile Criminal Defense Attorney

    As a former Senior – Career Arapahoe – Douglas County District Attorney -in his13 years (1984 – 1997) years as a prosecutor – H. Michael was assigned to the prosecution of hundreds of juvenile prosecutions. As a Colorado Criminal Defense Lawyer for the last 16 years (1997 – 2013) – he has successfully handled hundreds more juvenile cases.

    Juvenile criminal defense lawyers must be specialized in this area and must have specialized training and experience to be effective on behalf of their clients… essentially just children. Because Juvenile Court is different than adult court –  an experienced lawyer in adult may be incompetent to practice in juvenile court.

    Where your child’s freedom and future is at stake…go with experience every time.

    Here is the statute referenced in the article that linked you to this page:

    19-2-907. Sentencing schedule – options

    (1) Upon completion of the sentencing hearing, pursuant to section 19-2-906, the court shall enter a decree of sentence or commitment imposing any of the following sentences or combination of sentences, as appropriate:

    (a) Commitment to the department of human services, as provided in section 19-2-909;

    (b) Confinement in the county jail or in community corrections, as provided in section 19-2-910;

    (c) Detention, as provided in section 19-2-911;

    (d) Placement of legal custody of the juvenile with a relative or other suitable person, as provided in section 19-2-912;

    (e) Probation, as provided in section 19-2-913;

    (f) Commitment to the community accountability program, as provided in section 19-2-914;

    (g) Placement of legal custody of the juvenile in the county department of social services or a child placement agency, as provided in section 19-2-915;

    (h) Placement of the juvenile in a hospital or other suitable facility for receipt of special care, as provided in section 19-2-916;

    (i) Imposition of a fine, as provided in section 19-2-917;

    (j) Ordering the juvenile to pay restitution, as provided in section 19-2-918;

    (k) Ordering the juvenile to complete an anger management treatment program or any other appropriate treatment program, as provided in section 19-2-918.5;

    (l) Participation in an evaluation to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile’s sentence; except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., a crime in which the underlying factual basis involves domestic violence as defined in section 18-6-800.3 (1), C.R.S., stalking as defined in section 18-3-602, C.R.S., or violation of a protection order as defined in section 18-6-803.5, C.R.S. If the court orders participation in restorative justice practices, the facilitator shall provide these services for a fee of no more than one hundred twenty-five dollars based on a sliding scale; however, the fee may be waived by the court. Nothing in this paragraph (l) shall be construed to require a victim to participate in a restorative justice victim-offender conference.

    (2) The judge shall sentence any juvenile adjudicated as a special offender as provided in section 19-2-908.

    (3) Any sentence imposed on a juvenile pursuant to this section may include the juvenile’s parent or guardian, as provided in section 19-2-919.

    (4) If, as a condition of or in connection with any sentence imposed pursuant to this section, the court requires a juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement.

    (5) (a) Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender, if the court finds that placement out of the home is necessary and is in the best interests of the juvenile and the community, the court shall place the juvenile, following the criteria established pursuant to section 19-2-212, in the facility or setting that most appropriately meets the needs of the juvenile, the juvenile’s family, and the community. In making its decision as to proper placement, the court shall utilize the evaluation for placement prepared pursuant to section 19-1-107 or the evaluation for placement required by section 19-1-115 (8) (e).

    Any placement recommendation in the evaluation prepared by the county department of social services shall be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile’s family, and the community. Such recommendation prepared by the county department of social services shall set forth specific facts and reasons for the placement recommendation. If the evaluation for placement recommends placement in a facility located in Colorado that can provide appropriate treatment and that will accept the juvenile, then the court shall not place the juvenile in a facility outside this state.

    If the court places the juvenile in a facility located in Colorado other than one recommended by the evaluation for placement, in a facility located outside this state in accordance with the evaluation for placement, or in a facility in which the average monthly cost exceeds the amount established by the general assembly in the general appropriation bill, it shall make specific findings of fact, including the monthly cost of the facility in which such juvenile is placed, relating to its placement decision.

    A copy of such findings shall be sent to the chief justice of the supreme court, who shall report monthly to the joint budget committee and annually to the house and senate committees on health and human services, or any successor shall report monthly to the joint budget committee and annually to the house and senate committees on health and human services, or any successor committees, on such placements. If the court commits the juvenile to the department of human services, it shall not make a specific placement, nor shall the provisions of this subsection (5) relating to specific findings of fact be applicable.

    (b) If the court sentences a juvenile to an out-of-home placement funded by the department of human services or any county, or commits a juvenile to the department of human services, and the receiving agency determines that such placement or commitment does not follow the criteria established pursuant to section 19-2-212, including the placement recommended by the receiving agency, the receiving agency may, after assessing such juvenile’s needs, file a petition with the court for reconsideration of the placement or commitment. Any such petition shall be filed not later than thirty days after the placement or commitment. The court shall hear such petition and enter an order thereon not later than thirty days after the filing of the petition, and after notice to all agencies or departments that might be affected by the resolution of the petition, and after all such agencies or departments have had an opportunity to participate in the hearing on the petition.

    Failure of any such agency or department to appear may be a basis for refusal to accept a subsequent petition by any such agency or department that had an opportunity to appear and be present at the original petition hearing. The notification to the parties required pursuant to this paragraph (b) shall be made by the petitioning party, and proof of such service shall be filed with the court.

    If the court sentences a juvenile to an out-of-home placement funded by the county department of social services, temporary legal custody of such juvenile shall be placed with the county department of social services, and the placement recommended by such county department shall be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile’s family, and the community.

    Any deviation from such recommendation shall be supported by specific findings on the record of the case detailing the specific extraordinary circumstances that constitute the reasons for deviations from the placement recommendation of the county department of social services.

    (6) On and after July 1, 2000, each juvenile who is adjudicated for commission of an offense that would constitute a sex offense if committed by an adult or who receives for such offense a deferred adjudication shall be required to pay a surcharge to the sex offender surcharge fund, as provided in section 18-21-103, C.R.S.; except that the judge may waive payment of all or any portion of such surcharge as provided in section 18-21-103 (4), C.R.S.

    (7) The juvenile court in each judicial district may implement a mental illness screening program to screen juveniles sentenced pursuant to this part 9. If the juvenile court chooses to implement a mental illness screening program, the juvenile court shall use the standardized mental illness screening developed pursuant to section 16-11.9-102, C.R.S., and conduct the screening in accordance with procedures established pursuant to said section.


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    ___________________________
    H. Michael Steinberg Esq.
    Attorney and Counselor at Law
    The Colorado Criminal Defense Law Firm of H. Michael Steinberg
    A Denver, Colorado Lawyer Focused Exclusively On
    Colorado Criminal Law For Over 40 Years.
    The Edward Building
    8400 East Prentice Ave, Penthouse 1500
    Greenwood Village, Colorado, 80111
    E-Mail:  [email protected]
    Primary Web Site:  http://www.HMichaelSteinberg.com
    Colorado Criminal Law Blog:  www.Colorado-Criminal-Lawyer-Online.com
    Main:  303.627.7777
    Cell:  720.220.2277
    24/7 Pager:  303.543.4433
    FAX (Toll Free):  1.877.533.6276
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