CO HB1042

Statements made by juveniles during custodial interrogation are presumptively inadmissible if law enforcement knowingly used untruthful information or beliefs to obtain them, unless prosecution proves voluntariness by preponderance of evidence at a pre-trial hearing.

Law enforcement must electronically record all juvenile custodial interrogations regardless of the offense being investigated, with reference to Section 16-3-601.

"Untruthful information or belief" includes false statements about evidence and unauthorized statements regarding potential leniency from law enforcement officials, prosecutors, judges, jurors, or juvenile officers.

The P.O.S.T. board must develop live virtual training for peace officers on implementing these requirements, with at least ten training sessions before February 28, 2024, covering juvenile development, behavior interpretation, rapport-building, disability accommodations, and techniques to reduce false confessions.

$37,500 is appropriated from the P.O.S.T. board cash fund for the 2023-24 fiscal year to support implementation, with the state covering reasonable direct costs for local law enforcement training participation.