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CO HB1271
Bill
Status
4/20/2012
Primary Sponsor
B.J. Nikkel
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AI Summary
HB 12-1271 Summary
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Modifies when juveniles can be charged directly in district court instead of juvenile court, narrowing eligibility based on age, offense type, and criminal history requirements.
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Establishes a reverse-transfer procedure allowing juveniles charged by direct filing to petition the district court to transfer their case back to juvenile court before the preliminary hearing.
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Requires district courts to consider eleven specific factors when determining whether to transfer cases back to juvenile court, including offense seriousness, juvenile's age and maturity, mental health status, and likelihood of rehabilitation.
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Excludes juveniles from mandatory minimum sentencing provisions unless convicted of a class 1 felony or sex offense subject to specific sentencing laws; permits sentencing to youthful offender system or as a juvenile in certain circumstances.
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Requires district attorneys to file a written statement listing specific factors upon which they based direct filing decisions and gives juveniles 14 days to provide information before charges are filed.
Legislative Description
Juvenile Direct File Limitations
Last Action
Governor Action - Signed
4/20/2012