People in Interest of G.S.S.

Summary

The Colorado Supreme Court interprets section 19-2-509(4)(b), C.R.S. (2019), concerning juveniles detained without bail and the requirement that they be tried within sixty days. The court holds that the provision is a bail statute rather than a speedy-trial statute, and that a violation requires an immediate bail hearing and release rather than dismissal with prejudice. The court reverses the court of appeals and remands for reinstatement of the delinquency petition.

Holdings

1. Section 19-2-509(4)(b) is ambiguous because its plain language does not identify whether it protects a right to bail or a right to a speedy trial and does not provide a remedy for violation of the sixty-day requirement.
2. Section 19-2-509(4)(b) is a bail statute, not a speedy-trial statute.
3. When a juvenile is detained for more than sixty days in violation of section 19-2-509(4)(b), the court must immediately hold a bail hearing and order the juvenile's release.
4. G.S.S.'s statutory speedy-trial right was not violated because he never entered a not-guilty plea, which is the event that starts the speedy-trial period under the applicable speedy-trial statutes.
5. The trial court erred by dismissing G.S.S.'s case with prejudice; the delinquency petition must be reinstated and the court must conduct further proceedings consistent with the opinion.

Questions Presented

1. Whether section 19-2-509(4)(b), C.R.S. (2019), creates a juvenile speedy-trial right or a bail right when a juvenile remains detained for more than sixty days after bail is denied, revoked, or increased.
2. Whether section 19-2-509(4)(b) is ambiguous because it does not specify the type of right conferred or the remedy for its violation.
3. What remedy applies when a juvenile is detained for more than sixty days in violation of section 19-2-509(4)(b).
4. Whether the trial court properly dismissed G.S.S.'s delinquency case with prejudice.

Disposition

reversed_and_remanded