Section 19-2.5-203 - Statements - definitions(1) A statement or admission of a juvenile made as a result of the custodial interrogation of the juvenile by a law enforcement official concerning delinquent acts alleged to have been committed by the juvenile are not admissible in evidence against the juvenile unless a parent, guardian, or legal or physical custodian of the juvenile was present at such interrogation and the juvenile and the juvenile's parent, guardian, or legal or physical custodian were 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 the juvenile's right to the presence of an attorney during such interrogation, and of the juvenile's right to have counsel appointed if the juvenile so requests at the time of the interrogation; except that, if a public defender or counsel representing the juvenile is present at such interrogation, such statements or admissions may be admissible in evidence even though the juvenile's parent, guardian, or legal or physical custodian was not present.(2)(a) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile may be admissible in evidence, notwithstanding the absence of a parent, guardian, or legal or physical custodian, if the court finds that, under the totality of the circumstances, the juvenile made a knowing, intelligent, and voluntary waiver of rights and: (I) The juvenile is eighteen years of age or older at the time of the interrogation or the juvenile misrepresents his or her age as being eighteen years of age or older and the law enforcement official acts in good-faith reliance on such misrepresentation in conducting the interrogation;(II) The juvenile is emancipated from the parent, guardian, or legal or physical custodian; or(III) The juvenile is a runaway from a state other than Colorado and is of sufficient age and understanding.(b) For the purposes of this subsection (2), "emancipated juvenile" means a juvenile over fifteen years of age and under eighteen years of age who has, with the real or apparent assent of the juvenile's parents, demonstrated independence from the juvenile's parents in matters of care, custody, and earnings. The term may include, but is not limited to, any such juvenile who has the sole responsibility for the juvenile's own support, who is married, or who is in the military.(3) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile are not inadmissible in evidence by reason of the absence of a parent, guardian, or legal custodian if the juvenile was accompanied by a responsible adult who was a custodian of the juvenile or assuming the role of a parent at the time.(4) For the purposes of this section, "physical custodian" is defined in section 19-2.5-102.(5) Notwithstanding subsection (1) of this section, the juvenile and the juvenile's parent, guardian, or legal or physical custodian may expressly waive the requirement that the parent, guardian, or legal or physical custodian be present during the juvenile's interrogation. This express waiver must be in writing and must be obtained only after full advisement of the juvenile and the juvenile's parent, guardian, or legal or physical custodian of the juvenile's rights prior to the taking of the custodial statement by a law enforcement official. If said requirement is expressly waived, statements or admissions of the juvenile are not inadmissible in evidence by reason of the absence of the juvenile's parent, guardian, or legal or physical custodian during interrogation. Notwithstanding the requirements of this subsection (5), a county department of human or social services and the state department of human services, as legal or physical custodian, may not waive said requirement.(6) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile are not inadmissible into evidence by reason of the absence of a parent, guardian, or legal or physical custodian, if the juvenile makes any deliberate misrepresentations affecting the applicability or requirements of this section and a law enforcement official, acting in good faith and in reasonable reliance on such deliberate misrepresentation, conducts a custodial interrogation of the juvenile that does not comply with the requirements of subsection (1) of this section.(7)(a) Notwithstanding any provisions of this section to the contrary, if the juvenile asserts that statements made during the custodial interrogation are inadmissible because a responsible adult had an interest adverse to the juvenile, the prosecution, as part of its burden of proof at a hearing on a motion to suppress the statements, must show by a preponderance of the evidence that the person interrogating the juvenile reasonably believed that the responsible adult did not have any interests adverse to those of the juvenile and that the responsible adult was able to provide protective counseling to the juvenile concerning the juvenile's rights during the interrogation.(b) For purposes of this subsection (7): (I) "Protective counseling" means an ongoing opportunity to offer guidance and advice concerning the juvenile's right to remain silent and to obtain retained or appointed counsel associated with the custodial interrogation; and(II) "Responsible adult" means a parent, guardian, legal or physical custodian, or other responsible adult who was a custodian of the juvenile or who assumed the role of a parent at the time of the interrogation.(8)(a) A statement or admission by a juvenile made as a result of the juvenile's custodial interrogation by a law enforcement official or agent is presumptively inadmissible against the juvenile at trial if the law enforcement official or agent knowingly communicated any untruthful information or belief to obtain the statement or admission, unless the prosecution establishes at an evidentiary hearing prior to trial, by a preponderance of the evidence and based on the totality of the circumstances, that the statement or admission was made voluntarily despite the untruthful information or belief used to obtain the statement or admission or that the law enforcement official in good faith reasonably believed the information or belief was true at the time it was used. In assessing the totality of the circumstances, the court shall consider all evidence presented concerning the juvenile's vulnerability to any untruthful information or belief used during the custodial interrogation.(b) A law enforcement official or agent shall electronically record all juvenile custodial interrogations pursuant to section 16-3-601 without regard to the nature of the offense that the law enforcement official or agent reasonably believes is being investigated.(c) Law enforcement agencies are encouraged to adopt and follow national model policies that are included in P.O.S.T. rules concerning law-enforcement-conducted interrogations involving a juvenile.(d) As used in this subsection (8): (I) "Agent" means a person who acts with the motive of assisting law enforcement efforts to obtain a confession, as shown by the totality of the circumstances.(II) "Untruthful information or belief" means any untruthful information or belief knowingly used or communicated to a juvenile who is the subject of a custodial interrogation. "Untruthful information or belief" may include but is not limited to statements regarding evidence or unauthorized statements regarding potential leniency by a law enforcement official, prosecutor, judge, juror, or any other juvenile officer.Amended by 2023 Ch. 221,§ 1, eff. 8/7/2023.Renumbered from C.R.S. § 19-2-511 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.Amended by 2019 Ch. 306, § 1, eff. 8/2/2019.Amended by 2018 Ch. 38, § 45, eff. 8/8/2018.L. 2021: Entire article added with relocations, (SB 21-059), ch. 567, p. 567, § 2, effective October 1.This section is similar to former § 19-2-511 as it existed prior to 2021.
2023 Ch. 221, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.