## Facts

- The Colorado General Assembly enacted a juvenile pretrial-detention presumption, § 19-2-204(3)(a)(III), allowing secure detention when a juvenile is alleged to have committed specified conduct, including unlawful handgun possession under § 18-12-108.5.
- F.N., a juvenile, was arrested on October 8, 1993 for felony menacing and unlawful handgun possession and was placed in secure detention.
- A magistrate found probable cause to detain F.N. on October 10, 1993.
- At a detention hearing on October 12, 1993, a hearing officer reviewed a detention worksheet and police report, found F.N. dangerous based on allegations that he pointed a loaded handgun at two people, and ordered continued detention.
- A delinquency petition was filed on October 14, 1993 charging felony menacing (class 5 felony) and unlawful handgun possession by a juvenile (class 2 misdemeanor).
- F.N. moved for release, arguing that handgun possession by a juvenile was effectively a “status offense” and that detention based on it was unlawful.
- The juvenile court held the presumption statute unconstitutional under substantive and procedural due process, ordered F.N. released, and purported to bar future secure pretrial detention for juveniles accused under the handgun statute.
- The People filed an original proceeding seeking to vacate the juvenile court’s constitutional ruling and its prospective prohibition.

## Issues

1. Whether § 19-2-204(3)(a)(III)’s presumption of dangerousness for certain alleged conduct, including juvenile handgun possession, violates substantive due process under the federal and state constitutions.
2. Whether the statutory juvenile detention process implementing the presumption violates procedural due process.
3. Whether a juvenile court may prospectively prohibit secure pretrial detention of all juveniles accused of unlawful handgun possession.

## Decision

- The Colorado Supreme Court made the rule to show cause absolute and granted relief to the People.
- The Court held that § 19-2-204(3)(a)(III) does not violate substantive due process.
- The Court held that the detention scheme, including the rebuttable presumption and prompt hearings, does not violate procedural due process.
- The Court vacated the juvenile court’s prospective order barring future secure detention for juveniles accused under § 18-12-108.5.
- The Court rejected the claim that the handgun statute created a mere “status offense,” characterizing it as criminal conduct that could trigger detention under the presumption statute.

## Legal Principles

- A juvenile pretrial-detention presumption tied to defined categories of alleged conduct satisfies substantive due process if it is reasonably related to legitimate governmental interests, including public safety, and operates as regulatory pretrial detention rather than punishment.
- Procedural due process in juvenile pretrial detention is satisfied by prompt probable-cause determinations, timely detention hearings, judicial discretion, representation by counsel, and a rebuttable presumption allowing the juvenile an opportunity to contest detention.
- Unlawful handgun possession by a juvenile constitutes affirmative criminal conduct, not a “status offense,” for purposes of detention analysis.
- A juvenile court’s authority is case-bound; it may not issue broad prospective orders that categorically bar application of a valid detention statute in future cases.

## Conclusion

The Colorado Supreme Court upheld the statutory rebuttable presumption permitting secure pretrial detention of juveniles alleged to have committed certain firearm-related offenses, found the procedures constitutionally adequate, and set aside the juvenile court’s attempt to impose a system-wide ban on such detention.


People v. Juvenile Court, City & County of Denver, 893 P.2d 81 (Colo. 1995)