Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING STATEMENTS MADE BY JUVENILES DURING CUSTODIAL INTERROGATIONS.

Summary of Assessment

            Current law (Section 19-2-511, C.R.S.) stipulates that statements made by a juvenile in an interrogation by a law enforcement official are inadmissible into evidence if a parent, legal guardian, custodian, or counsel of the juvenile was not present at the interrogation. Moreover, for the evidence to be admissible, the juvenile and the custodian or guardian must be advised of the juvenile's right to remain silent and that any statements made may be used against the juvenile in a court of law, of his or her right to the presence of an attorney during such interrogation, and of his or her right to have counsel appointed if he or she so requests at the time of the interrogation.

            This bill adds an exception to this section such that statements made by a juvenile during a custodial interrogation conducted outside the presence of the parent, legal guardian, custodian, or counsel can be admissible into evidence provided that the law enforcement officer reasonably relied upon false statements or information made by the juvenile. One example may be if the juvenile claimed to be 18 years of age or older at the time of interrogation, indicating to the law enforcement officer that a parent, legal guardian, custodian, or counsel of the juvenile need not be present.

            The costs associated with broadening exceptions to inadmissible evidence are negligible. Therefore, there is no fiscal impact associated with this bill.

Departments Contacted

            Human Services         Judicial                       Public Defender