Juveniles: custodial interrogation

The law limits a pathway for law enforcement to question young people in custody through undercover officers or agents. Courts must weigh violations when deciding whether statements are admissible and whether an officer is credible.

What the law does ​

• Prohibits undercover officers and people working with or for law enforcement from seeking statements or information from a person in custody who was 17 or younger when the alleged crime occurred and is under 26 while in custody.
• Requires courts to consider violations when deciding whether to admit a statement.
• Requires courts to consider a willful violation when assessing a law enforcement officer’s credibility.
• Applies the court-review provisions to statements obtained on or after January 1, 2027.
• Allows narrowly limited questioning to address an imminent threat to life, only when the questioner reasonably believes the information is necessary and limits questions to that threat.
• Requires an emergency undercover operation to end once the threat is resolved, neutralized, or adequately addressed.

Who it affects ​

• People under 26 in custody who were 17 or younger when the alleged crime was committed.
• Law enforcement officers, undercover officers, and people collaborating with or acting as agents of law enforcement.
• Courts deciding statement admissibility and officer credibility.

Context ​

Questioning begun more than 24 hours after credible information about an imminent threat is presumed unnecessary without good cause and continuing emergency circumstances; questioning begun after 48 hours is presumed unnecessary.