SB 395- Juvi Counsel

Question 1

Requirement

Answer 1

Requires youth 15 years or younger to consult with an attorney prior to custodial interrogation by law enforcement.

Question 2

Methods to contact lawyer

Answer 2

In person
By telephone
Video conference

Question 3

Section does not apply to youth 15 or younger if:

Answer 3

1) If info sought was necessary to protect life or property from imminent threat
2) the officers questions were limited to those questions that were reasonably necessary to obtain that info

Question 4

Interrogation- defined

Answer 4

Words or actions on the part of LE that LE should know are reasonably likely to elicit an incriminating response from subject

Question 5

Who must comply with SB395?

Answer 5

State actor

Question 6

Who does NOT have to comply with SB395?

Answer 6

School principals or staff
Caseworkers
Therapists at group homes
Probation Officers in normal performance of duties

Question 7

Purpose

Answer 7

To ensure youth understands his or her Miranda rights and implications of waiver

Question 8

Call out during business hours?

Answer 8

Call juvenile delinquency division of public defenders office

Question 9

Call out after hours?

Answer 9

Department wide on duty responsibility from public defenders office