1. The juvenile refused to respond or cooperate in the custodial interrogation
if an audio or audio and visual recording was made of the interrogation so long as a
law enforcement officer or agent of a law enforcement agency made a
contemporaneous audio or audio and visual recording or written record of the
juvenile's refusal.

2. The statement was made in response to a question asked as part of the
routine processing after the juvenile was taken into custody.

3. The law enforcement officer or agent of a law enforcement agency conducting
the interrogation in good faith failed to make an audio or audio and visual recording
of the interrogation because the recording equipment did not function, the officer or
agent inadvertently failed to operate the equipment properly, or, without the officer's
or agent's knowledge, the equipment malfunctioned or stopped operating.

4. The statement was made spontaneously and not in response to a question
by a law enforcement officer or agent of a law enforcement agency.

5. Exigent public safety circumstances existed that prevented the making of
an audio or audio and visual recording or rendered the making of such a recording
infeasible.

This bill requires a person who is conducting a custodial interrogation of a
juvenile, in addition to recording the interrogation, to notify the juvenile's parent,
guardian, legal custodian, or Indian custodian before conducting the interrogation,
to notify a juvenile who is being interrogated that the interrogation is being recorded,
and to notify a juvenile who is under the age of 16 that he or she is being interrogated.
Under the bill, if the parent, guardian, legal custodian or Indian custodian did not
receive notice of the interrogation, the juvenile did not receive the appropriate notice,
or the interrogation was not recorded, a statement made during the interrogation is
inadmissible as evidence at the juvenile's hearing, unless one of the following
exceptions applies:

1. The statement was made spontaneously and not in response to a question
by a law enforcement officer or agent of a law enforcement agency.

2. Exigent public safety circumstances existed that prevented the notification
of the parent, guardian, legal custodian, or Indian custodian or prevented the
making of an audio or audio and visual recording or rendered the making of such a
recording infeasible.

This bill also changes the definition of “custodial interrogation” for the purposes
of interrogating a juvenile to refer to a “reasonable juvenile of a similar age” instead
of a “reasonable person.”

Under current law, DCF, in consultation with the Department of Corrections,
must make available to all counties a juvenile classification system that includes a
risk assessment instrument for determining the probability that a juvenile who has
committed an offense will commit another offense, a needs assessment instrument
for determining the service needs of a juvenile who has committed an offense, and
a services and placement guide for integrating the risk and needs of a juvenile who
has committed an offense with other factors to determine an appropriate placement
and level of services for the juvenile. Under current law, a county may use the
juvenile classification system to determine, at the time of an intake inquiry, whether
to close a case, enter into a deferred prosecution agreement, or refer the case to the
district attorney; recommend, at the time of disposition, a placement and a plan of
rehabilitation, treatment, and care for the juvenile; and determine, after disposition,
the level or intensity of supervisory contacts required for a juvenile under county
supervision.

This bill requires an intake worker to use the juvenile classification system as
part of the intake inquiry with a juvenile after providing notice to the juvenile,
parent, guardian, and legal custodian, but only if the juvenile has not refused to
participate.

Under current law, when a juvenile is alleged to have violated a law or
municipal ordinance, he or she may be referred to the juvenile court for intake and
a determination of whether a petition should be filed in that court. An intake worker

provides intake services to the juvenile, such as screening and interviewing the
juvenile, determining whether and where the juvenile should be held, and whether
to close the case or request that a petition for delinquency be filed.

Under current law, as an alternative to closing a case or referring it to a district
attorney to file a petition, an intake worker may enter into a written deferred
prosecution agreement (DPA) with all parties if the intake worker has determined
that neither the interests of the juvenile nor of the public require the filing of a
delinquency petition; if the facts persuade the intake worker that the jurisdiction of
the juvenile court, if sought, would exist; and if the juvenile and his or her parent,
guardian, and legal custodian consent. The DPA may impose obligations on the
juvenile, parent, guardian, or legal custodian, such as treatment, counseling,
restitution, or a teen court program. If at any time during the period of a DPA the
intake worker determines that the obligations imposed under it are not being met,
the intake worker may cancel the agreement and request that a delinquency petition
be filed. If the obligations under the DPA are met, then no petition may be filed or
citation issued on the charges that brought about the agreement.

Under this bill, unless an intake worker decides to close a case, the intake
worker must enter into a DPA with all parties if all of the following apply:

1. The juvenile is referred because he or she is alleged to have committed a
status offense or an act that would be a misdemeanor if committed by an adult or
violated a civil law punishable by forfeiture or a county, town, or other municipal
ordinance.

2. The juvenile has no more than two prior adjudications.

3. The juvenile has no more than three prior unsuccessful deferred prosecution
agreement attempts.

4. The juvenile, parent, guardian, and legal custodian consent.

An exception to this requirement to enter into a DPA is that the intake worker
may instead refer the case to the district attorney if the results of the juvenile
classification system indicate the juvenile is high risk, or the results indicate the
juvenile is a moderate risk and the case arises out of an alleged act that would be a
Class A misdemeanor in violation of laws prohibiting crimes against life and bodily
security or crimes against health and safety if committed by an adult.

Under current law, a district attorney may terminate a DPA and instead file a
delinquency petition against the juvenile. With respect to the circumstance under
the bill in which a DPA is required, a district attorney may not terminate the
agreement or file a delinquency petition against the juvenile unless one of the
following applies:

The juvenile or his or her parent, guardian, or legal custodian fails to respond
to the intake worker's preliminary inquiry regarding eligibility for a DPA or an offer
of a DPA.

2. The juvenile or his or her parent, guardian, or legal custodian does not
consent to the DPA.

3. The juvenile fails to substantially comply with the conditions in the DPA.

4. The intake worker refers the case to the district attorney under the exception
based on the results of the juvenile classification system or the type of alleged act.

Under current law, if a juvenile is adjudicated delinquent, the juvenile court
must enter an order deciding one or more of the dispositions of the case under a care
and treatment plan. The bill requires DCF to contract for or provide multisystemic
therapy (MST) for a juvenile for whom that treatment is ordered under a disposition
of the case. Under the bill, MST is an intensive and ongoing family-based and
community-based treatment that addresses multiple factors that lead to antisocial
behavior in juveniles and that is delivered in a juvenile's home, school, or community.
The bill also requires DCF to promulgate rules governing MST and the licensing,
training, and qualification requirements for a person who provides it.