Page 1 May 11, 2022 SB 22-023 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated March 10, 2022) Drafting Number: Prime Sponsors: LLS 22-0408 Sen. Gonzales Rep. Bacon; Gonzales-Gutierrez Date: Bill Status: Fiscal Analyst: May 11, 2022 House Third Reading Aaron Carpenter | 303-866-4918 Aaron.Carpenter@state.co.us Bill Topic: DECEPTIVE TACTICS JUVENILE CUSTODIAL INTERROGATION Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill requires law enforcement agencies that use or might use any juvenile custodial interrogation procedures to adopt related written policies and procedures. Starting in FY 2022-23, the bill will increase state and local workload on an ongoing basis. Appropriation Summary: No appropriation is required. Fiscal Note Status: This revised fiscal note reflects the revised version of the bill. Summary of Legislation By February 28, 2023, the bill requires law enforcement agencies that use or might use any juvenile custodial interrogation procedure to adopt written policies and procedures that are consistent with the juvenile custodial interrogation procedures of the International Association of Chiefs of Police or other nationally recognized peer-reviewed research. Specifically, the policies must include requirements for: age-appropriate Miranda warnings administered prior to custodial interrogation; electronic recording of all juvenile custodial interrogations; and tailored questions for the age, sophistication, maturity, level of education, mental ability, and other pertinent information of the juvenile. Background House Bill 16-1117 required a peace officer investigating an alleged class 1 or 2 felony or a felony sexual assault to electronically record an interrogation occurring in a detention facility. Page 2 May 11, 2022 SB 22-023 State Expenditures To the extent a state law enforcement agency uses or might use juvenile custodial interrogation procedures, workload to that agency will increase to develop policies in line with the bill. No change in appropriations is required for any state agency. Local Government Workload to local law enforcement agencies will increase to update policies to reflect the requirements of the bill. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State and Local Government Contacts Corrections District Attorneys Education Higher Education Human Services Information Technology Judicial Law Natural Resources Sheriffs The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.