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7 LONG TITLE
8 General Description:
9 This bill addresses the custodial interrogation of a child.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the time period requirement for the custodial interrogation of a child;
13 ▸ addresses disclosures made to a child before the custodial interrogation of the child;
14 ▸ addresses compliance with required disclosures for the custodial interrogation of a
15 child; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 80-6-204, as renumbered and amended by Laws of Utah 2021, Chapter 261
24 80-6-206, as last amended by Laws of Utah 2022, Chapters 155, 312 and 335 and last
25 amended by Coordination Clause, Laws of Utah 2022, Chapter 155
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 80-6-204 is amended to read:
29 80-6-204. Detention or confinement of a minor -- Restrictions.
30 (1) Except as provided in Subsection (2) or this chapter, if a child is apprehended by a
31 peace officer, or brought before a court for examination under state law, the child may not be
32 confined:
33 (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
34 (b) in secure care .
35 (2) (a) The division shall detain a child in accordance with Sections 80-6-502,
36 80-6-504, and 80-6-505 if:
37 (i) the child is charged with an offense under Section 80-6-502 or 80-6-503;
38 (ii) the district court has obtained jurisdiction over the offense because the child is
39 bound over to the district court under Section 80-6-504; and
40 (iii) the juvenile or district court orders the detention of the child.
41 (b) (i) If a child is detained before a detention hearing, or a preliminary hearing under
42 Section 80-6-504 if a criminal information is filed for the child under Section 80-6-503, the
43 child may only be held in certified juvenile detention accommodations in accordance with rules
44 made by the commission.
45 (ii) The commission's rules shall include rules for acceptable sight and sound
46 separation from adult inmates.
47 (iii) The commission shall certify that a correctional facility is in compliance with the
48 commission's rules.
49 (iv) This Subsection (2)(b) does not apply to a child held in a correctional facility in
50 accordance with Subsection (2)(a).
51 (3) (a) In an area of low density population, the commission may, by rule, approve a
52 juvenile detention accommodation within a correctional facility that has acceptable sight and
53 sound separation.
54 (b) An accommodation described in Subsection (3)(a) shall be used only:
55 (i) for short-term holding of a child who is alleged to have committed an act that would
56 be a criminal offense if committed by an adult; and
57 (ii) for a maximum confinement period of six hours.
58 (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
59 (i) identification;
60 (ii) notification of a juvenile court official;
61 (iii) processing; and
62 (iv) allowance of adequate time for evaluation of needs and circumstances regarding
63 the release or transfer of the child to a shelter or detention facility.
64 (d) This Subsection (3) does not apply to a child held in a correctional facility in
65 accordance with Subsection (2)(a).
66 (4) [
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72 (a) If a child is alleged to have committed an act that would be a criminal offense if
73 committed by an adult, a law enforcement officer or agency may detain the child in a holding
74 room in a local law enforcement agency facility for no longer than four hours:
75 (i) for identification or interrogation; or
76 (ii) while awaiting release to a parent or other responsible adult.
77 (b) A holding room described in Subsection (4)(a) shall be certified by the commission
78 in accordance with the commission's rules.
79 (c) The commission's rules shall include provisions for constant supervision and for
80 sight and sound separation from adult inmates.
81 (5) Willful failure to comply with this section is a class B misdemeanor.
82 (6) (a) The division is responsible for the custody and detention of:
83 (i) a child who requires detention before trial or examination, or is placed in secure
84 detention after an adjudication under Section 80-6-704; and
85 (ii) a juvenile offender under Subsection 80-6-806(7).
86 (b) Subsection (6)(a) does not apply to a child held in a correctional facility in
87 accordance with Subsection (2)(a).
88 (c) (i) The commission shall provide standards for custody or detention under
89 Subsections (2)(b), (3), and (4).
90 (ii) The division shall determine and set standards for conditions of care and
91 confinement of children in detention facilities.
92 (d) (i) The division, or a public or private agency willing to undertake temporary
93 custody or detention upon agreed terms in a contract with the division, shall provide all other
94 custody or detention in suitable premises distinct and separate from the general jails, lockups,
95 or cells used in law enforcement and corrections systems.
96 (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in
97 accordance with Subsection (2)(a).
98 (7) Except as otherwise provided by this chapter, if an individual who is, or appears to
99 be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official,
100 in charge of the correctional facility shall:
101 (a) immediately notify the juvenile court of the individual; and
102 (b) make arrangements for the transfer of the individual to a detention facility, unless
103 otherwise ordered by the juvenile court.
104 Section 2. Section 80-6-206 is amended to read:
105 80-6-206. Interrogation of a child -- Presence of a parent, legal guardian, or other
106 adult -- Interrogation of a minor in a facility -- Prohibition on false information or
107 unauthorized statement.
108 (1) As used in this section:
109 (a) "Custodial interrogation" means any interrogation of a minor while the individual is
110 in custody.
111 (b) (i) "Friendly adult" means an adult:
112 (A) who has an established relationship with the child to the extent that the adult can
113 provide meaningful advice and concerned help to the child should the need arise; and
114 (B) who is not hostile or adverse to the child's interest.
115 (ii) "Friendly adult" does not include a parent or guardian of the child.
116 (c) (i) "Interrogation" means any express questioning or any words or actions that are
117 reasonably likely to elicit an incriminating response.
118 (ii) "Interrogation" does not include words or actions normally attendant to arrest and
119 custody.
120 (2) If a child is subject to a custodial interrogation for an offense, the child has the
121 right:
122 (a) to have the child's parent or guardian present during an interrogation of the child; or
123 (b) to have a friendly adult present during an interrogation of the child if:
124 (i) there is reason to believe that the child's parent or guardian has abused or threatened
125 the child; or
126 (ii) the child's parent's or guardian's interest is adverse to the child's interest, including
127 that the parent or guardian is a victim or a codefendant of the offense alleged to have been
128 committed by the child.
129 (3) If a child is subject to a custodial interrogation for an offense, the child may not be
130 interrogated unless:
131 (a) the child has been advised, in accordance with Subsection (4), of the child's
132 constitutional rights and the child's right to have a parent or guardian, or a friendly adult if
133 applicable under Subsection (2)(b), present during the interrogation;
134 (b) the child has waived the child's constitutional rights;
135 (c) except as provided in Subsection [
136 friendly adult if applicable under Subsection (2)(b), was present during the child's waiver under
137 Subsection (3)(b) and has given permission for the child to be interrogated; and
138 (d) if the child is in the custody of the Division of Child and Family Services and a
139 guardian ad litem has been appointed for the child, the child's guardian ad litem has given
140 consent to an interview of the child as described in Section 80-2-705.
141 (4) Before the custodial interrogation of a child by a peace officer or a juvenile
142 probation officer, the peace officer or juvenile probation officer shall disclose the following to
143 the child:
144 (a) You have the right to remain silent.
145 (b) If you do not want to talk to me, you do not have to talk to me.
146 (c) If you decide to talk to me, you have the right to stop answering my questions or
147 talking to me at any time.
148 (d) Anything you say can and will be used against you in court.
149 (e) If you talk to me, I can tell a judge and everyone else in court everything that you
150 tell me.
151 (f) You have the right to have a parent or guardian, or a friendly adult if applicable,
152 with you while I ask you questions.
153 (g) You have the right to a lawyer.
154 (h) You can talk to a lawyer before I ask you any questions and you can have that
155 lawyer with you while I ask you questions.
156 (i) If you want to talk to a lawyer, a lawyer will be provided to you for free.
157 (j) These are your rights.
158 (k) Do you understand the rights that I have just told you?
159 (l) Do you want to talk to me?
160 (5) (a) A peace officer's, or a juvenile probation officer's, compliance with Subsection
161 (4) is determined by examining the entirety of the officer's disclosures to the child.
162 (b) A peace officer's, or a juvenile probation officer's, failure to strictly comply with, or
163 state the exact language of, Subsection (4) is not grounds by itself for finding the officer has
164 not complied with Subsection (4).
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166 (2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
167 permission to the interrogation of the child if:
168 (a) the child is emancipated as described in Section 80-7-105;
169 (b) the child has misrepresented the child's age as being 18 years old or older and a
170 peace officer or a juvenile probation officer has relied on that misrepresentation in good faith;
171 or
172 (c) a peace officer [
173 (i) has made reasonable efforts to contact the child's parent or legal guardian[
174 friendly adult if applicable under Subsection (2)(b); and
175 (ii) has been unable to make contact within one hour after the time at which the child is
176 taken into temporary custody.
177 [
178 committed to a secure care facility under Section 80-6-705, or housed in a secure care facility
179 under Section 80-6-507, and the individual is subject to a custodial interrogation for an offense,
180 the individual may not be interrogated unless:
181 (i) the individual has had a meaningful opportunity to consult with the individual's
182 appointed or retained attorney;
183 (ii) the individual waives the individual's constitutional rights after consultation with
184 the individual's appointed or retained attorney; and
185 (iii) the individual's appointed or retained attorney is present for the interrogation.
186 (b) Subsection [
187 member of a detention facility, unless the juvenile probation officer or the staff member is
188 interrogating the individual on behalf of a peace officer or a law enforcement agency.
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192 or an individual interrogating a child on behalf of a peace officer or a law enforcement agency,
193 may not knowingly:
194 (a) provide false information about evidence that is reasonably likely to elicit an
195 incriminating response from the child; or
196 (b) make an unauthorized statement about leniency for the offense.
197 (9) A minor may only waive the minor's right to be represented by counsel at all stages
198 of court proceedings as described in Section 78B-22-204.