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AN ACT to confer original jurisdiction upon county courts in all criminal cases against minors.

Be it enacted by the general assembly of the State of Colorado:

SECTION 1. Original jurisdiction is hereby conferred upon the county courts in each of the several counties of this State in all criminal cases where, at the time of the filing of the information, the accused shall be a minor; and such courts shall hereafter be empowered to try such cases upon information filed by the district attorney of the judicial district in which such counties are situated.

SEC. 2. Petit juries for the trial of such cases shall be drawn and selected in the same manner as is now provided by law for the selection of such juries in the county courts of the State for trial of misdemeanor cases prosecuted in such courts.

SEC. 3. In all criminal cases in the county courts against minors the accused shall have the right to waive the right of trial by jury: Provided, however, That the judge of the court may, in all cases where a jury trial is waived, call a jury to try such cases notwithstanding such waiver.

SEC. 4. All proceedings upon information in the county courts, after the same are filed, except as herein otherwise provided, shall be the same as though such proceedings had been commenced in the district court.

SEC. 5. The district attorney of the proper judicial district in which such county shall be located shall be prosecuting attorney in such county courts, and shall exercise the same powers, perform the same duties, and receive the same compensation for his services therein, to be paid in the same manner as provided for by law for similar services in the district court.

SEC. 6. Nothing in this act shall be construed to prohibit the indictment by grand jury and trial in the district court of any person charged with a crime, whether misdemeanor or felony, against whom prosecution has not been commenced in the county court.

SEC. 7. The accused in any criminal case brought in the county court under this act shall have the right, at any time after the filing of the information and before plea has been actually made to the same, to file his application in writing in the county court, asking that said cause be transferred to the district court of the judicial district in which such county may be situated, whereupon it shall be the duty of the county court to transmit, or cause to be transmitted, the information and all other papers in said cause to such district court of such county with all convenient speed, when it shall be the duty of the district attorney and said district court to proceed with the disposition and trial of such cause as though originally brought in said district court.

SEC. 8. No appeal shall be taken from any judgment or decision of any county court, in any case prosecuted therein under the provisions of this act, to any district court; but writs of error shall lie from the supreme court as to such final judgments, and shall be prosecuted and disposed of in the same manner as writs of error to final judgments of the district court in criminal cases.

SEC. 9. All minors found guilty in the county court of any violation of any law of this State, or of any crime, may be subjected by such court to any of the terms and conditions of the probation system provided for in cases of delinquent children by the st tute of this State, if in the opinion of the judge of such court it may be wise or proper, subject, however, to the provisions and limitations of this act.

SEC. 10. When any minor above the age of sixteen (16) years shall be found guilty in the county court of a violation of any law of this State, or any crime, after pronouncing sentence the judge may stay the execution of the sentence, conditioned upon the good behavior and satisfactory conduct of such minor under such conditions as the court may prescribe. If at any time during the stay of execution of the sentence it shall be made to appear to the satisfaction of the court that the sentence ought to be enforced, the court shall have the power to revoke the stay of execution and enforce the sentence immediately, and the term of such sentence shall commence from the date upon which the same is ordered to be enforced. No such execution shall be stayed to exceed a period of two years, and if at the expiration of the stay of execution, or at such time prior thereto as the court may deem proper, it shall appear to the satisfaction of the court that such person has complied faithfully with the conditions of his probation the court may suspend such sentence absolutely, in which case such person shall be relieved therefrom. SEC. 11. Each person released upon probation as aforesaid shall be furnished by the court with a written statement of the terms and conditions of his release.

Each probation officer shall keep full records of all cases investigated by him and of all cases placed in his care by the court and of any other duties performed by him under this act.

SEC. 12. In the opinion of the general assembly an emergency exists; therefore this act shall take effect and be in force from and after its passage.

STATE OF COLORADO, Office of the Secretary of State, ss.:

I, James Cowie, secretary of state of the State of Colorado, do hereby certify that the foregoing is a full, true, and complete transcript of senate bill No. 21, of the fourteenth general assembly of the State of Colorado, approved March 7, 1903. In testimony whereof I have hereunto set my hand and affixed the great seal of the State of Colorado, at the city of Denver, this day of A. D. 1903.

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Secretary of State.

AN ACT concerning compulsory elementary education in school districts, and to amend sections 1, 4, and 7 of an act entitled "An act to compel the elementary education of children in school districts of the first and second class," approved April 12, 1899.

Be it enacted by the general assembly of the State of Colorado: SECTION 1. That section 1 of the act entitled "An act to compel the elementary education of children in school districts of the first and second class," approved April 12, 1899, be, and the same is hereby, amended to read as follows:

SECTION 1. That in all school districts of this State all parents, guardians, and other persons having care of children shall instruct them, or cause them to be instructed, in reading, writing, spelling, English grammar, geography, and arithmetic. In such districts every parent, guardian, or other person having charge of any child between the ages of eight (8) and sixteen (16) years shall send such child to a public, private, or parochial school for the entire school year during which the public schools are in session in such districts: Provided, however, That this act shall not apply to children over fourteen (14) years of age where such child shall have completed the eighth grade or may be eligible to enter any high school in such district, or where its help is necessary for its own or its parents' support, or where for good cause shown it would be for the best interests of such child to be relieved from the provisions of this act: Provided further, That if such child is being sufficiently instructed at home by a person qualified, such child shall not be subject to the provisions of this act: And provided further, That if a reputable physician within the district shall certify in writing that the child's bodily or mental condition does not permit its attendance at school, such child shall be exempt during such period of disability from the requirements of this act.

"It shall be the duty of the superintendent of the school district, if there be such superintendent, and if not, then the county superintendent of schools, to hear and determine all applications of children desiring for any of the causes mentioned herein to be exempted from the provisions of this act, and if upon such application such superintendent hearing the same shall be of the opinion that such child is for any reason entitled to be exempted as aforesaid, then such superintendent shall issue a written permit to such child, stating therein his reasons for such exemption. An appeal may be taken from the decision of such superintendent so passing upon such application to the county court of the county in which such district lies, upon such child making such application and filing the same with the clerk or judge of said court within ten days after its refusal by such superintendent, for which no fee to exceed the sum of one dollar shall be charged, and the decision of the county court shall be final. An application for release from the provisions of this act shall not be renewed oftener than once in three months.

SEC. 2. That section 4 of said act shall be, and the same is hereby, amended to read as follows, to wit:

"SEC. 4. Every child within the provisions of this act who does not attend school, as provided in section 1 of this act, or who is in attendance at any public, private, or parochial school, and is vicious, incorrigible, or immoral in conduct, or who is an habitual truant from school, or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment, or who habitually wanders about the streets in the nighttime, having no employment or lawful occupation, shall be deemed a juvenile disorderly person and be subject to the provisions of this act."

SEC. 3. That section 7 of said act shall be, and the same is hereby, amended to read as follows, to wit:

"SEC. 7. Whenever a child shall be a juvenile disorderly person within the meaning of this act, the truant officer, or any school-teacher or other reputable person, may make complaint in the county court of the county in which such child resides. The county court shall hear and determine such complaint, and if it is determined that such child is a juvenile disorderly person within the meaning of this act, he or she shall be committed to a children's home, if eligible, or to the Boys' Industrial School, or to the Girls' Industrial School, or to some other training school, taking into account the years of the child with reference to the institution selected. Any child committed to a children's home, on its being shown to the judge of said court that it is incorrigible and vicious, may be transferred to the industrial school or other proper institution. No child committed to any reformatory shall be detained beyond its majority, and may be discharged sooner or paroled by the trustees or board of control under rules and restrictions applicable to other inmates. Any order of commitment may be suspended by the judge of the county court during such time as the child may regularly attend school and properly conduct itself. The expense of the transportation of the child to the juvenile reformatory, and of the costs of the case in which the order of commitment is made, shall be paid by the county from which the child is committed."

STATE OF COLORADO, Office of the Secretary of State, ss.:

I, James Cowie, secretary of state of the State of Colorado, do hereby certify that the foregoing is a full, true, and complete transcript of senate bill No. 22, of the fourteenth general assembly of the State of Colorado, approved March 7, 1903. In testimony whereof I have hereunto set my hand and affixed the great seal of the State of Colorado, at the city of Denver, this -, A. D. 1903.

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Secretary of State.

FORMS AND BLANKS USED BY THE COLORADO JUVENILE COURT.

The following set of forms are in use by the Colorado court and may be found useful for adoption in other cities:

FORM OF COMPLAINT.

STATE OF COLORADO, City and County of Denver, s8:

In the juvenile court in the county court of the city and county of Denver. THE PEOPLE OF THE STATE OF COLORADO

against

The complaint of probation officer within and for said county, who, being first duly sworn, on oath says that he now is and at all times mentioned herein has been the probation officer in the city and county of Denver, in the State of Colorado; and that - on the day of A. D. 190-, at said city and county of Denver, then and there, being a child 16 years of age or under and not then being an inmate of a State institution, or any institution incorporated under the laws of the State of Colorado, for the care and correction of delinquent children, did unlawfully whereby and by force of the statute in such case made and provided the said child is deemed a juvenile delinquent person, contrary to the form of the statute in such case made and provided and against the peace and dignity of the people of the State of Colorado. He therefore prays that said child may be dealt with according to law.

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To the honorable

of Denver:

In the juvenile court.

, judge of the juvenile court of the city and county

The undersigned, a probation officer of this court, respectfully reports that on or about the day of

--------, A. D. 190--, one

age of years (Docket No. --), and residing with

placed in my charge.

a- of about the

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Visits: (Give here number and times of visits so far as practicable.) Parents and home surroundings: (Here state names and character of parents and character and description of home surroundings.)

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Kind of work

Diligence

Regularity

Remarks: (Here give general remarks and such recommendations as the probation officer thinks will be helpful to the court.) Respectfully submitted.

(Indorsed:) Juvenile court, No. officer's report. Filed this day of

Probation Officer.

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Mr.

EMPLOYER'S REPORT ON PROBATIONER.

[The juvenile court, chambers of Ben B. Lindsey, judge. City and county of Denver.]

DEAR SIR: The juvenile court, through its probation officers, endeavors to keep a friendly supervision over its wards. It will be a favor to the court if you will kindly furnish, confidentially, the information indicated below.

To the judge of the juvenile court of the city and county of Denver:

This is to certify that

the employ of

-, a ward of the juvenile court, has been in during the month ending

190-.

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He has worked

days.

His record as to industry has been

His record as to behavior has been

If discharged, for what cause
Remarks:

To the employer:

Employer or Foreman.

Please fill out the foregoing report and forward at once. If the boy is discharged at any time, please give notice at once. Send report to

DETENTION HOUSE REPORT.

Probation Officer.

DETENTION HOUSE, DENVER,

To the honorable the Judge of the Juvenile Court of the City and County of Denver:

In compliance with an act to regulate the treatment and control of dependent, neglected, and delinquent children, in force July 1, 1899, I hereby transfer to said juvenile court the report and case of

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This child has been arrested on different other occasions. Give particulars and dates:

Remarks and recommendations:

In addition to above history of case send any papers in case.

Superintendent.

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