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People in Interest of G.S.S.

2020 CO 32. No. 19SC118. Children’s Code—Juvenile Court—Delinquency—Bail—Speedy Trial.

May 4, 2020

CRS § 19-2-509(4)(b) provides that juveniles who are denied bail “must be tried on the charges on which the bail is denied” within 60 days “after the entry of such order or within sixty days after the juvenile’s entry of a plea.” In this case, the Supreme Court concluded that the statute is ambiguous with regard to the type of right it confers and, consequently, to the remedy for its violation. Because it is ambiguous, the Court considered whether the legislature intended it to be a bail statute—and have violations remedied through immediately holding a bail hearing and ordering the juvenile’s release—or a speedy trial statute—and have violations remedied through dismissal. The Court concluded that § 19-2-509(4)(b) is a bail statute and thus held that the remedy for its violation is for the court to immediately hold a bail hearing and order the juvenile’s release. Accordingly, the Court of Appeals’ judgment was reversed.

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