For the purposes of this part 2, any reference to custody, confinement, charged with, held for, convicted of, a felony, misdemeanor, or petty offense includes a juvenile who is detained or committed for the commission of an act that would constitute such a felony, misdemeanor, or petty offense if committed by an adult or who is the subject of a petition filed pursuant to article 2.5 of title 19 alleging the commission of such a delinquent act or a juvenile who has been adjudicated a juvenile delinquent pursuant to article 2.5 of title 19 for an act that would constitute a felony, misdemeanor, or petty offense if committed by an adult.
Source: L. 83: Entire section added, p. 708, § 3, effective July 1. L. 87: Entire section amended, p. 817, § 23, effective October 1. L. 2013: Entire section amended, (SB 13-229), ch. 272, p. 1430, § 10, effective July 1. L. 2021: Entire section amended, (SB 21-059), ch. 136, p. 724, § 54, effective October 1.
ANNOTATION
The provisions of this section do not violate equal protection guarantees under the Fourteenth Amendment to the United States Constitution or under article II of section 25 of the Colorado Constitution. The section does not create two classes of similarly situated individuals. It applies to juveniles who have been adjudicated delinquents for conduct which, if committed by an adult, would constitute felonies. Allegedly similar class, adults convicted of conduct constituting misdemeanor offenses, are not similarly situated because their conduct is different. People v. Young, 859 P.2d 814 (Colo. 1993).
This section does not implicate a fundamental right under the due process clauses of the United States and Colorado Constitutions, it is therefore subject to rational basis analysis as applied to an adult convicted of escape. The fact that the adult was originally incarcerated for an offense committed as a juvenile is not relevant. People v. Young, 859 P.2d 814 (Colo. 1993).
This section does not reclassify adjudicated delinquents as felons. Rather, the section allows the prosecution to bring felony escape charges against a sub-set of juveniles who commit an act that, if committed by an adult, would be a felony. Therefore, there is no conflict with art. XVIII, § 4, of the Colorado Constitution. People v. M.B., 90 P.3d 880 (Colo. 2004).
A person 18 years of age or older who escapes while serving a sentence imposed by the juvenile court may, through this section, be convicted under § 18-8-208. Until completing the sentence, the person continues under the jurisdiction of the juvenile court and is therefore considered a "juvenile", subject to the provisions of this section and, therefore, § 18-8-208. People v. Young, 908 P.2d 1147 (Colo. App. 1995).