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Colorado Supreme Court Opinions
October 28, 2013

2013 CO 63. No. 12SC396. A.S. v. People.
Statutory Construction—“May” Versus “Shall”—Juvenile Justice—Aggravated Juvenile Offender—CRS §19-2-601—Suspended Sentence of Commitment to Department of Human Services—Probation.

The Supreme Court held that CRS §19-2-601(5)(a)(I)(A) grants a court discretion, in sentencing an aggravated juvenile offender, to suspend a commitment to the Department of Human Services on a condition of successful completion of probation for an offense that would not constitute a class 1 or class 2 felony if committed by an adult. The Court reversed the court of appeals’ decision, concluding that the Colorado Legislature used the term “may” in §19-2-601(5)(a)(I)(A) according to the term’s traditional, permissive meaning.

Colorado Supreme Court Opinions