45.0204 Length of detention-Admissibility of evidence.

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(a) Except as provided in subsection (b), a child may not be detained by law enforcement officials any longer than is reasonably necessary to obtain his name, age, residence, and other necessary information and to contact his parents, guardian, or legal custodian.

(b) If he is not released as provided in 45.0203, he must be taken directly to the Court or to a detention or shelter facility without unnecessary delay.

(c) No statements or admissions of a child made as a result of custodial interrogation of the child by a law enforcement official concerning acts alleged to have been committed by the child which would constitute a crime if committed by an adult are admissible in evidence against that child in any delinquency proceeding in which the child is a respondent unless the Court first determines, based upon the totality f the circumstances, that the statements or admissions were voluntary and preceded by adequate warnings of the child’s constitutional rights.

(d) Prior to commencement of any custodial interrogation of a child, law enforcement officials shall make reasonable efforts to obtain the presence of the child’s parent or guardian, or, if a parent or guardian is not otherwise reasonably available, a responsible adult occupying a place in the child’s immediate family, extended family, or village structure, or otherwise standing in loco parentis or otherwise in the role of care-giver to the child. Failure to obtain the presence of an individual enumerated herein shall not require suppression of the admission or statement if the Court determines the statement or admission otherwise satisfies the requirements of subsection (c) above.

History: 1980, PL 16-71 § 1; 2004, PL 28-9.

Research Guide: CRS 19-2-102.