Section 19-2.5-605 - Advisement - right to counsel - waiver of right to counsel - definition(1)(a) At the juvenile's first appearance before the court, after the detention hearing or at the first appearance if the juvenile appears on a summons, the court shall advise the juvenile and the juvenile's parents, guardian, or other legal custodian of the juvenile's constitutional rights and legal rights as set forth in rule 3 of the Colorado rules of juvenile procedure, including but not limited to the right to counsel. The advisement must include the possibility of restorative justice practices, including victim-offender conferences if restorative justice practices are available in the jurisdiction. The advisement regarding restorative justice practices does not establish any right to restorative justice practices on the juvenile's behalf.(b) If the respondent has made an early application for appointed counsel for the juvenile and the office of the state public defender has made a preliminary determination that the juvenile is eligible for appointed counsel as set forth in section 21-1-103 or if the court has appointed counsel for the juvenile pursuant to section 19-2.5-305 (2), an attorney from the office of the state public defender or, in the case of a conflict, from the office of alternate defense counsel, shall be available to represent the juvenile at the juvenile's first appearance, as described in subsection (1)(a) of this section.(c) If the respondent has not made an early application for appointed counsel for the juvenile but the juvenile requests appointment of counsel at the first appearance, the court shall determine if the juvenile is eligible for counsel pursuant to subsection (2)(a) of this section.(d) As used in this subsection (1), unless the context otherwise requires, "early application" means that the respondent has contacted the office of the state public defender and applied for representation of the juvenile by the state public defender not less than five days, excluding Saturdays, Sundays, and legal holidays, before the juvenile's scheduled court date for the first appearance and has provided sufficient information to the office of the state public defender to allow that office to make a preliminary determination of eligibility for representation.(e) Failure of the juvenile's parent, guardian, or legal custodian to apply for court-appointed counsel may not be construed as a waiver of the right to counsel or any other rights held by the juvenile.(2)(a) If the juvenile and the juvenile's parents, guardian, or other legal custodian are found to be indigent pursuant to section 21-1-103 (3), or the juvenile's parents, guardian, or other legal custodian refuses to retain counsel for the juvenile, or the court, on its own motion, determines that counsel is necessary to protect the interests of the juvenile or other parties, or the juvenile is in the custody of the state department of human services or a county department of human or social services, the court shall appoint the office of state public defender or, in the case of a conflict, the office of alternate defense counsel for the juvenile; except that the court shall not appoint the office of the state public defender or the office of alternate defense counsel if: (I) The juvenile has retained the juvenile's own counsel; or(II) The juvenile has made a knowing, intelligent, and voluntary waiver of the juvenile's right to counsel, as described in subsection (2)(c) of this section.(c) The court may accept a waiver of counsel by a juvenile only after finding on the record, based on a dialogue conducted with the juvenile, that the juvenile:(I) Is of a sufficient maturity level to make a voluntary, knowing, and intelligent waiver of the right to counsel;(II) Understands the sentencing options that are available to the court in the event of an adjudication or conviction of the offense with which the juvenile is charged;(III) Has not been coerced by any other party, including but not limited to the juvenile's parent, guardian, or legal custodian, into making the waiver;(IV) Understands that the court will provide counsel for the juvenile if the juvenile's parent, guardian, or legal custodian is unable or unwilling to obtain counsel for the juvenile; and(V) Understands the possible consequences that may result from an adjudication or conviction of the offense with which the juvenile is charged, which consequences may occur in addition to the actual adjudication or conviction itself.(d) The appointment of counsel pursuant to this subsection (2) continues until:(I) The court's jurisdiction is terminated;(II) The juvenile or the juvenile's parent, guardian, or legal custodian retains counsel for the juvenile;(III) The court finds that the juvenile or the juvenile's parents, guardian, or other legal custodian has sufficient financial means to retain counsel or that the juvenile's parents, guardian, or other legal custodian no longer refuses to retain counsel for the juvenile; or(IV) The court finds the juvenile has made a knowing, intelligent, and voluntary waiver of the juvenile's right to counsel, as described in subsection (2)(c) of this section.Amended by 2021 Ch. 461, § 25, eff. 10/1/2021.Renumbered from C.R.S. § 19-2-706 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.Amended by 2021 Ch. 461, § 5, eff. 7/6/2021.Amended by 2019 Ch. 294, § 26, eff. 7/1/2019.Amended by 2018 Ch. 38, § 46, eff. 8/8/2018.Amended by 2014 Ch. 247, § 4, eff. 11/1/2014.Amended by 2013 Ch. 341, § 7, eff. 8/7/2013.L. 2021: Entire article added with relocations, (SB 21-059), ch. 600, p. 600, § 2, effective October 1; (2)(b) repealed, (HB 21-1315), ch. 3116, p. 3116, § 25, effective October 1.(1) This section is similar to former § 19-2-706 as it existed prior to 2021.
(2) Section 36 of chapter 461 (HB 21-1315), Session Laws of Colorado 2021, provides that the act repealing subsection (2)(b) takes effect only if SB 21-059 becomes law and takes effect either upon the effective date of HB 21-1315 or SB 21-059, whichever is later. HB 21-1315 took effect July 6, 2021, and SB 21-059 became law and took effect October 1, 2021.
For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.