1. (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. (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:

   1. (a) Remaining in the custody of a parent, guardian, or legal custodian; or
   2. (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
   3. (c) Being placed in a shelter facility; or
   4. (d) Being referred to a local county department of human or social services for assessment for placement.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 658, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-911 (2) and (3) as it existed prior to 2021.