Waiver of counsel, 2014
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
Juvenile justice reform in Colorado addresses the early appointment of counsel in delinquency proceedings in statute. The new laws require pre-filing appointment of counsel in both custody (detention) and non-custody cases.
By statute, when representing an indigent juvenile, the state public defender or contract attorney must defend the juvenile at every stage of the proceedings following arrest, and counsel must be assigned by the time of a detention hearing. When a law enforcement officer does not take a youth into temporary custody but is referring a youth on a delinquency matter, clear guidance exists for serving notice on the right to counsel and the steps for retaining counsel if the legal custody or family of the youth lack resources or refuse to retain counsel. The measures include explicitly defining what is meant by "early appointment of counsel" and steps for avoiding delay in appointment prior to the youth's first court appearance.
Colorado statutes further specify requirements for the availability of counsel at each subsequent step in the process and require meaningful annual performance reporting requirements for the State Public Defender.
Indigency requirements, 2013
Organized at the state level
Organizer: Office of the Colorado State Public Defender
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Colorado indigency law is governed by juvenile statutes, juvenile court rules, and adult statutes which provide for a determination of indigency. The Public Defender makes the determination of indigency. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney. Specialized juvenile training available or required.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
Colorado has a sub-part of the Children’s Code (of statutes) dedicated to juvenile competency procedures, which requires that parties actively safeguard an alleged juvenile offender’s right not to be tried or sentenced while incompetent to proceed. Court procedures and examination elements are detailed along with timelines for review and further actions when the juvenile cannot be restored to competency. The Children’s Code refers to definitions and procedures in (adult) criminal statutes, which align with the Dusky standard.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity