First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0896.01 Jane Ritter x4342    HOUSE BILL 13-1279
                    HOUSE SPONSORSHIP
 Labuda,  Schafer
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning detention procedures for juveniles.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill instructs the courts in juvenile cases to seek to limit
       premature waiver of counsel by a juvenile in detention hearings. The bill
       also requires juveniles to be free of physical restraints during hearings
       unless the court makes specific findings of fact to the contrary that allow
       for physical restraints to maintain order in the courtroom, prevent the
       juvenile's escape, or provide for the safety of the courtroom.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 19-1-105, add (3) as
       follows:
            19-1-105.  Right to counsel and jury trial - waiver of counsel.
       (3)  The court shall make every effort to ensure that a juvenile
       does not prematurely waive counsel in detention hearings and,
       if there is such a waiver, the court shall ensure that such
       waiver is made knowingly and voluntarily by the juvenile. Prior
       to granting a waiver of counsel, the court shall fully apprise
       the juvenile of the short- and long-term direct and collateral
       consequences of the waiver.
            SECTION 2.  In Colorado Revised Statutes, 19-1-106, add (6) as
       follows:
            19-1-106.  Hearings - procedure - record - restraints. (6)  A
       juvenile may be subject to physical restraints during a hearing
       only if the judge finds the restraint to be reasonably necessary
       to maintain order in the courtroom, prevent the juvenile's
       escape, or provide for the safety of the courtroom. Whenever
       practical, the judge shall provide the juvenile and the juvenile's
       attorney an opportunity to be heard to contest the use of
       restraints before the judge orders the use of restraints. If
       restraints are ordered, the judge shall make findings of fact in
       support of the order. For the purposes of this subsection (6),
       "physical restraints" includes but is not limited to handcuffs,
       chains, shackles, or irons.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.