C.R.J.P. 3.7

(a) Scope. This Rule only applies when a juvenile is taken into custody by a law

enforcement officer or a probation officer in connection with a proceeding arising under

Article 2 of Title 19 of the Colorado Children’s Code or the Interstate Compact for

Juveniles.

(b) Screening Team. The chief judge in each judicial district or the presiding judge of

the Denver juvenile court shall designate one or more qualified persons or agencies to act

as a screening team with authority to determine whether a juvenile who has been taken into

custody should be released to a parent, guardian, or other legal custodian, or detained

pending a detention hearing.

(c) Notice. When a juvenile is detained, the screening team shall notify the court, the

district attorney, and the local office of the state public defender. The screening team shall

also inform the juvenile and the juvenile’s parent, guardian, or other legal custodian of the

right to a prompt hearing to determine whether the juvenile should be detained further.

Notice to the juvenile and the juvenile’s parent, guardian, or other legal custodian shall

include the date, time, and location of the detention hearing, if known. If the date, time,

and location of the detention hearing have not been determined, the screening team will

instruct the juvenile’s parent, guardian, or other legal custodian to contact the court on the

next day which is not a Saturday, Sunday, or legal holiday, during regular business hours,

to obtain that information. If a juvenile’s parent, guardian, or other legal custodian cannot

be located in the county, the screening team will provide notice to the person with whom

the juvenile has been residing. Notice as required by this section (c) may be given verbally

or in writing. Notice as required by this Rule shall be given as soon as practicable and

without unnecessary delay.

(d) Information Sharing. The law enforcement agency that took the juvenile into

custody shall promptly provide to the court, the district attorney, and the local office of the

state public defender, or other defense counsel if known, the affidavit in support of

probable cause for the arrest and the arrest report, if available. The screening team shall

promptly provide to the court, the district attorney, the local office of the state public

defender, or other defense counsel if known, any screening material prepared pursuant to

the juvenile’s arrest. The information required to be disclosed by this Rule shall be

disseminated as soon as practicable before the detention hearing. If defense counsel does

not continue to represent the juvenile after the detention hearing, defense counsel shall

return any written materials to the court and destroy any materials received in electronic

form immediately.

(e) Time. Upon receipt of the notification required by section (c) of this Rule, the court

shall schedule a detention hearing and notify the district attorney, the local office of the

state public defender, any defense attorney of record in the case, any guardian ad litem

appointed by the court in the case, and the screening team of the date and time of the

hearing. The court shall hold a detention hearing within 48 hours after the juvenile was

taken into custody unless the juvenile was taken into custody for violating a valid court

order on a status offense. The time in which the detention hearing must be held may be

extended for a reasonable time by order of the court upon good cause shown. In computing

any period of time prescribed by this section (e) Saturdays, Sundays, and legal holidays

shall be excluded.

(f) Representation. A juvenile who is detained for committing a delinquent act shall

be represented by counsel at a detention hearing as provided in C.R.J.P. 3.9. The court shall

allow defense counsel sufficient time to consult with the juvenile before the detention

hearing.

(g) Hearing. The 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

release is appropriate. Detention hearings shall be conducted in the manner prescribed by

§19-2-508, C.R.S.

(h) Court Orders. At the conclusion of a detention hearing, the court shall enter

orders prescribed by §19-2-508, C.R.S. The court may also issue temporary orders for

legal custody of a juvenile as provided in §19-1-115, C.R.S. The court may further detain

a juvenile only if it finds from information provided at the hearing that the juvenile is a

danger to himself or herself or to the community.

(i) Court Oversight. The court shall maintain control over the admission, length of

stay, and release of all juveniles placed in shelter or detention, subject to the limitations

prescribed by §19-2-508(3)(c), C.R.S., and §19-2-509(1), C.R.S.