(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.