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StateUpper Age Limit for InterrogationsAge Exceptions/Transfer to Adult CourtCounsel Consultation Required Counsel Consultation Can Be WaivedCounsel Presence Required During InterrogationParental Notification Required Before InterrogationParental Presence Required During InterrogationRecording RequiredRecording Applies to Specific CrimesTime Limit on InterrogationMax Duration (Hours)Prohibited Interrogation Techniques - DeceptionType of Deception ProhibitedLocal City/County InitiativesStatewide Initiatives Relevant Statutes/LawsCase law/Precendent Additonal SourcesNotes
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Name of the state being researced.Oldest age considered juvenile for questioning in that state.When juveniles can be tried or interrogated as adults (e.g., for serious crimes).Law requires juvenile to talk to a lawyer before questioning.Juvenile can choose not to talk to a lawyer before questioning.A lawyer must be present during the questioning.Police must inform a parent or guardian before questioning.A parent or guardian must be present during questioning.Interrogations must be audio or video recorded.Recording is required only for certain types of crimes.There's a maximum legal time limit for questioning juveniles.The specific maximum number of hours allowed for an interrogation.It's illegal to use deceptive tactics when questioning juveniles.Specific prohibited deception techniques.Programs or policies by cities or counties implemented to help ensure juveniles understand their Miranda rights.Statewide proposed bills and current laws that seek to ensure juveniles fully understand their rights during Miranda readings before deciding to waive them.Specific laws related to juvenile interrogations in that state.Important court cases affecting juvenile interrogations.Extra resources or references for more information.Other comments or important details.
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Alabama17Minors aged 14 or older can be tried as adults for certain offenses. Certain felonies require transfer if age 16NoN/ANoNoNoNoN/ANoN/ANoMobile Police Policies: standard statewide procedures.Ex parte Whisenant, 466 So.2d 1006 (Ala. 1985): Totality of circumstances in determining voluntarinessAlabama Rules of Juvenile Procedure,
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Alaska17Certain serious offenses may lead to transfer to adult court. Alaska Stat. § 47.12.030Conditional, if facing felony chargesYes, with parental approval for misdemeanor offensesNoYesNoYesAll CrimesNoN/ANoAnchorage Alaska Police Policies: Rights must be read carefullly to juveniles.Alaska Statutes § 47.12.090; § 47.12.250Stephan v. State, 711 P.2d 1156 (Alaska 1985): Mandates recording of custodial interrogationsAlaska Youth Law Guide: A Handbook for Teens and Young Adults, https://dfcs.alaska.gov/djj/Documents/Parent-Guidebook.pdf
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Arizona17Minors 15-17 prosecuted as adults for serious felonies; 14+ may be for certain offenses. (A.R.S. § 13-501)NoN/ANoNoNoNoNoNoN/ANoPhoenix Police Department Policies: standard statewide procedures .SB 1303 in process
A.R.S. § 8-221; § 13-39882.8 Juvenile Law and Procedures.docx
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Arkansas17Minors aged 14 or older may be tried as adults for certain offensesNoYes, with parental approvalNoYesNoNoN/ANoN/ANoFayetteville Police Policies: Juveniles be informed of their Miranda Rights in a language they understand.Arkansas Code Title 9. Family Law § 9-27-317 was enacted to protect juveniles. Miranda rights must be given in their own language.Arkansas Code § 9-27-317; § 9-27-313Curry v. State, 367 Ark. 231, 238 S.W.3d 117 (2006): Admissibility of juvenile confessions
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California17Minors under 16 cannot be tried as adults (SB 1391)Yes NoNoNoNoYesMurder and specified felonies Cal Pen Code § 859.5NoN/AYes Assembly Bill No. 2644Deception, includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.Union City Policies: Officersmust connect juveniles with a Public Defender via a special phone, while supervisors monitor and record the interaction for documentation. Officers follow strict guidelines to ensure the juvenile’s rights are upheld before any questioning begins. Cal Wel & Inst Code § 625.6 Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference.Cal. Welf. & Inst. Code § 625.6; Cal Wel & Inst Code § 625.7 Cal. Penal Code § 859.5

People v. Lessie (2010): Request to speak with parent as invocation of rights
LD_15_V-4.16_Laws of ArrestPsychologically manipulative interrogation tactics is also not allowed.
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Colorado17Minors aged 12-13 can be tried as adults for serious felonies, while 14+ can face adult court for any felony. C.R.S. 19-2.5-802NoN/ANo, unless parents are not present.YesYes, unless waived by parents and juvenileYesAll Crimes C.R.S. 16-3-601NoN/AYes, 2023 Colo. HB. 1042Law enforcement is prohibited knowingly gives false information during the interrogation of a juvenile.C.R.S. 19-2.5-203 requires a parent or lawyer to be present before miranda rights can waived.Denver Police Department Policy: standard statewide procedures.C.R.S. 19-2.5-203,C.R.S. 16-3-601People v. Maes (1977): Parental guidance during interrogation.
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Connecticut17Minors 15+ face automatic transfer for Class A/B felonies, while other crimes can be transferred by prosecution request.Conn. Gen. Stat. § 46b-127NoN/ANoYesYes (under 16)Yes Class A or B FeloniesNoN/AYes, 2023 Bill Text CT S.B. 1071Deception or coercive tactics" include any action that deprives an individual of essential needs (e.g., food, sleep, or medication), threatens physical force, arrest, penalties, or immigration sanctions, or communicates knowingly false information.Hartford Police Policies: standard statewide procedures.Conn. Gen. Stat. § 46b-137 Requires for a parent to be present for miranda waiver if under age of 16.Conn. Gen. Stat. § 46b-137
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Delware17Minors 16+ face adult trials for certain serious crimes; 12-16 can be tried as adults for murder or rape. 10 Del. C. § 1010Yes NoYes, if under age 16 or facing a felony chargeNoNoNoN/ANoN/AYes, 2021 Bill Text DE H.B. 419Deceptive tactics means stating evidence presently exists, knowing that it does not, or communicating promises of leniency in sentencing, charging, or pretrial release in order to induce a confession or other incriminating evidence.Cheswold Police Policies: Juveniles are entitled to the full Miranda Warnings and these rights must be explained in the presence of parents, guardian, or counsel, or person interested in child's welfare, not just routinely read RULE 44.1 : A lawyer must be present if under age of 16.10 Del. C. § 1004, RULE 44.1A lot of nuances with statues and laws in this state.
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Florida17Minor14+: Judge may transfer for serious crimes. 16+: Must go to adult court for violent crimes if certain conditions are met. Fla. Stat. § 985.556NoN/ANoNoNoNoN/ANoN/ANoOrlando Police Policies: Whenever possible, the Miranda warning should be conducted in the presence of two witnesses (one of which may be
the interviewing officer).
Fla. Stat. § 985.033, Fla. Stat. § 985.115Florida: A.S. v. State, 248 So. 3d 1279 (2018)https://www.flcourts.gov/content/download/217911/file/Florida-Rules-of-Juvenile-Procedure.pdf
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Georgia 16Minors 13+ can be charged in superior court for specific serious crimes like murder, rape, and armed robbery with a firearm. O.C.G.A. § 15-11-560NoN/ANoNoNoNoN/ANoN/A`NoAtlanta Police Policies: Both the parent and child must understand and knowingly waive the juvenile's Miranda
Rights and they must sign Wavier of Counsel by Defendant in Custody.
O.C.G.A. § 15-11-2, O.C.G.A. § 15-11-28, https://claytoncrescent.org/wp-content/uploads/2020/06/A10-Juvenile-Procedures-071609-copy.pdf
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Hawaii17juveniles 14+ for serious felonies and 16+ for any felony to be transferred to adult court.HRS § 571-22Yes NoNoYesNoNoN/ANoN/ANoHonolulu Police Policies: standard statewide procedures.HRS § 571-31.2, HRS § 571-31.8State v. Kekona (1994), the Hawaii Supreme Court highlighted the benefits of recording interrogationhttps://www.honolulupd.org/policy/policy-handling-juveniles/, https://www.honolulupd.org/policy/policy-constitutional-rights-warnings-and-custodial-questioning/No more than two officers are supposed to interrogate for most police departments. Additionally, most police departments require the recording of interrogations.
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Idaho17Minors 14+ charged with serious crimes in Idaho are tried as adults. Idaho Code § 20-509 Yes, if under age 14 and charged with a serious crime.Yes, unless under age 14 and charged with a serious crimeNoNoNoNoN/ANoN/ANoBoise Police Policies: standard statewide proceduresTitle 20: Minors under age 14 are required to consult with counsel before waiving their Miranda rights.Idaho Code § 20-514, TITLE 20, Idaho Code § 20-516parent handbook - to the idaho juvenile - justice system.us/wp-content/uploads/2019/12/825ParentGuidet_00000009327.pdf, http://www.idjc.idaho.gov/wp-content/uploads/2020/07/IDJC-Handbook-for-Families.pdf
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Illinois17automatic transfers for juveniles 16+ for serious offenses and discretionary transfers for 13+ under specific conditions. 705 ILCS 405/5-130Yes Yes, unless under age 15 and charged with certain serious crimesYes, if under age 15 and facing certain serious crimesNoNoYesAll Crimes"reasonable amount of time"Yes, 705 ILCS 405/5-401.6“Deception” means the knowing communication of false facts about evidence or unauthorized statements regarding leniency by a law enforcement officer or juvenile officer to a subject of custodial interrogation.Waukegan Police Policies: Juveniles must sign Miranda Waiver after being read their rights.705 ILCS 405/5-401.5 requires specific modified reading of Miranda rights for juvenilies. SB3321 in process to raise age requirement for counsel consultation.705 ILCS 405/5-401.5, 705 ILCS 405/5-170In re J.M.A., 2015 IL App (1st) 132409 (2015)illinois state police directive ops-037, juvenile procedures2 officers max in the interrogation room.
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Indiana17minors can be transferred to adult court at age 12 for murder, 14 for serious felonies, 16 for others. Burns Ind. Code Ann. § 31-30-3-4NoN/ANoYesNoYesAll CrimesNoN/AYes, Burns Ind. Code Ann. § 31-30.5-1-6Juvenile statements during interrogations are inadmissible if officers use deception, such as providing false information about evidence, penalties, or leniency.Indianapolis Metropolitan Police Policies: A waiver of any non-emancipated juveniles’ rights must be joined by the juvenile’s attorney, parent, or guardian.
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Indiana State Police Polidies:Both parent and child must agree to waive miranda rights. Burns Ind. Code Ann. § 31-30.5-1-2, Ind. R. Evid. 617D.Z. v. State, 100 N.E.3d 246 (2018)
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Iowa17Minors 14+ can be transferred to adult court after a hearing, while 16+ face automatic transfer for serious felonies. Iowa Code § 232.45, Iowa Code § 232.8NoN/ANoYes, 16 years of age or youngerNoNoN/ANoN/ANoDes Moines: Police Policies: A juvenile Miranda waiver and parental consent form shall be read to the child and signed by both
the child and the parent, guardian, or custodian prior to any questioning.
Iowa Code § 232.11, Iowa Code § 232.19CHAPTER 232
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Kansas17Minors under 14 cannot be tried as an adult. K.S.A. § 38-2347Yes (or parent)Yes, unless under age 14NoYes (or counsel)NoYesSerious Crimes NoN/ANoWichita Police Policies: standard statewide procedures.K.S.A. § 38-2333requires juvenile age 14 must consult with any attorney or parent before waiver of miranda rights. K.S.A. § 38-2333, K.S.A. § 22-4620https://kscpost.gov/policies/elecrecord-202.pdf https://kscourts.gov/KSCourts/media/KsCourts/Trial%20court%20programs/JO-Code-Book.pdf
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Kentucky17Minors 14+ automatically transfer to adult court for serious felonies; 16+ may transfer for lesser felonies after a hearing, KRS § 635.020NoN/ANoNoNoNo N/ANoN/ANoLexington Police Department : After the initial Miranda warning is advised, officers may use simple words to modify the Miranda warning to check for a genuine understanding. KRS § 610.060, KRS § 610.200https://www.lexingtonky.gov/sites/default/files/2017-03/GO%202014-02%20Interviews,%20Interrogations%20and%20Confessions.pdfIt is common practice to record interrogations (as shown with Kentucky PD).
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Louisiana17minors 14 years or older can be transferred to adult court for certain serious offenses.La. Ch.C. Art. 857NoN/ANoNoNoNoN/ANoN/ANoNew Orleans Police Department:
Juvenile suspects must consult with an attorney or a responsible adult before waiving their rights.
La. Ch.C. Art. 881.1, La. Ch.C. Art. 808State v. Hunt that a custodial interrogation does not need to be recorded for a confession to be admissible in court.
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Maine17Minors charged with serious crimes may be tried as adults after a court hearing. 15 M.R.S. § 3101NoN/ANoYesYes, unless consent is givenYesCertain serious offenses. 25 M.R.S. § 2803-BNoN/ANo§3203-AA juvenile's rights can only be waived after a voluntary, knowing, and intelligent decision is made by both the juvenile and their parent or guardian.15 M.R.S. § 3203-A, 15 M.R.S. § 3306
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Maryland1716+ for serious crimes; 14+ for certain offenses can also be transferred to adult court.Md. Criminal Procedure Code Ann. § 4-202YesNoNoYesNoYesAll CrimesNoN/ANoBaltimore Police Policies: Specified process for handling juvenile interrogations and reading of Miranda rights.Senate Bill 120- (in process) to allow juveniles to consult with parents instead of attorney Md. Courts and Judicial Proceedings Code Ann. § 3-8A-14.2
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Massaachusetts17 Juveniles aged 14-18 are automatically tried in adult court for first or second-degree murder.ALM GL ch. 119, § 54 , ALM GL ch. 119, § 74Yes (or parent)Yes, unless under age 14Yes, under age 14Yes (or counsel)Yes, under age 14NoN/ANoN/ANoErving Police Policies: the interrogating officer shall be particularly careful to read each Miranda right distinctly, clearly
and in a manner designed to ensure that the juvenile
(and any adult present on his/her behalf) follows the
words being spoken and comprehends their meaning.
For juveniles under the age of 14, the law mandates that an interested adult must be present during the interrogationALM GL ch. 119, § 67Commonwealth v. A Juvenile (402 Mass. 275) – This case established that juveniles under the age of 14 must have a parent or guardian present during interrogation.https://www.braintreepd.org/DocumentCenter/View/721/Juveniles2023 Bill Text MA H.B. 1756 is in process- passed 1st comittee.
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Michigan17 Minors 14+ can face adult court via automatic waiver for serious felonies or after a judicial waiver hearing. MCLS § 712A.2d, MCLS § 712A.4NoN/ANoNoNoYesMajor Felonies MCLS § 763.8NoN/ANoDetroit Police Policies: standard statewide proceduresMCLS § 712A.14https://www.michigan.gov/-/media/Project/Websites/mcoles/TD-Webpage/basic_training_curriculum/ii-e-1.pdf?rev=237b79a04ab44ed6a3d068b1cd45d9caMichigan House Bill 4436 has been passed but will not take effect until January 1, 2025.House Bill 4436 of 2023
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Minnesota17Juveniles aged 14+ may be tried as adults for felonies; 16+ presumed adult if serious offenses. Minn. Stat. § 260B.125NoN/ANoNoNoYesAll Crimes State v. Scales, 518 N.W.2d 587NoN/ANoMinneapolis Police Policies: All juveniles shall be advised of their Miranda Rights in Juvenile Miranda format and accordance with the Scales decisionMinn. Stat. § 260B.163https://www.stpaul.gov/sites/default/files/2021-03/437_08%20Juvenile%20Investigations%20and%20Interviews.pdfHF 2319-use of deception policy goes into effect Jan 1 2025
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Mississippi17Juveniles 13+ to be transferred to adult court for serious offenses, and automatically for felonies at 17+. .Miss. Code Ann. § 43-21-157YesNo, unless parent is presentYes, or a parentYes, or counselYes, or counselNoN/ANoN/ANoTupelo Police Policies: standard statewide procedures. Miss. Code Ann. § 43-21-311 requires juvenile to consult with any attorney or parent before waiver of miranda rights.Miss. Code Ann. § 43-21-311Custodal interrogations must be approved by designee or judge first.
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Missouri17Minors age 12+ may be transferred to adult court for serious felonies. § 211.071 R.S.Mo.NoN/ANoNoNoYesCertain serious offenses. § 590.700 R.S.Mo.NoN/ANoColumbia Police Policies: A specified juvenile officer must read the Miranda rights.Missouri Law Enforcement Juvenile Justice Guidelines and Recommended Practices: State that the juvenile officer or designee shall prohibit or end questioning by law enforcement wherein the juvenile appears to lack the capacity to understand the advisement of rights and waiver, request the questioning to stop, or requests legal counse. Missouri Law Enforcement Juvenile Justice Guidelines and Recommended Practices§ 211.059 R.S.Mo.Right for juvenilies to halt questioning at any time
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Montana1741-5-206, MCA Minors 12+ can be tried as adults for serious crimes; 16+ for additional offenses like arson or robbery; 17-year-olds are required to be transferred for serious crimes​NoN/ANo, unless under 16 and parental disagreementYes, 16 years of age or youngerNoYesAll crimes 46-4-408, MCANoNoBillings Police Policy: The juvenile and their parent or guardian if under 16 must reads and signs the Juvenile Waiver of Rights formParent or counsel must be present for Miranda Waiver 41-5-331, MCA 41-5-331, MCA
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Nebraska17juveniles 16+ can be directly filed in adult court, while those under 16 can be transferred after a hearingNebraska's Transfer LawsNoN/ANoNoNoYesAll crimes R.R.S. Neb. § 29-4502NoN/ANoOmaha Police Policies:All juveniles who are in custody shall be advised of their Miranda Rights using
developmentally appropriate language.
R.R.S. Neb. § 43-248.01, R.R.S. Neb. § 43-251.01
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Nevada17Minors can automatically be tried as an adult in Nevada for murder at 13+ or for felonies at 14+ upon court review.
Nev. Rev. Stat. Ann. § 62B.390
Yes, if under 15 for certain offensesYes, unless under age 15 and charged with certain serious crimesYes, if under age 15 and charged with certain serious offensesNoNoYesCertain crimes under age 15 2021 Bill Text NV A.B. 132NoN/AYes, NRS 62C.014Peace officers or other authorized individuals may not knowingly make false statements about evidence to provoke an incriminating response from the child or offer promises of leniency or benefits they lack the authority to grant, such as assurances about charges or prosecutionLas Vegas Police Policies: standard statewide procedures.Under NRS 62C.013, police must clearly state rights in a specified simplfied language to any child they take into custody before questioning them. Nev. Rev. Stat. Ann. § 62C.013
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New Hampshire17Minors 15 or older face a presumption of transfer for serious offenses; under 15 requires court approval.RSA 169-B:24NoN/ANoNoNoNoN/ANoN/ANoConcord Police Policies: standard statewide procedures.RSA 169-B:12Delinquency Acknowledgment and Waiver of RightsBenoit form
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New JerseyMinors aged 15+ may be waived to adult court for serious offenses with probable cause.N.J. Stat. § 2A:4A-26.1YesNoNoYesYes, if under age 15YesCertain serious crimes N.J. Court Rules, R. 3:17NoN/ANoNewark Police Policies: standard statewide procedures.NJ Gov: A police officer must make all reasonable efforts that a juvenile understands their Miranda rights.N.J. Stat. § 2A:4A-39State v. Presha, 163 N.J. 304STATE OF NEW HAMPSHIRE LAW ENFORCEMENT MANUAL 2020 EDITION, https://pub.njleg.state.nj.us/Bills/2022/A3500/3117_R3.PDF https://www.njoag.gov/resources/ag-directives/juvenile-matters/
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New Mexico17New Mexico's Transfer Laws (15-18) face automatic adult trials; youthful offenders (14-18) undergo discretionary transfer. NoN/ANoNoNoYesFelony offenses N.M. Stat. Ann. § 29-1-16NoN/ANoSante Fe Police Policies: standard statewide procedures.N.M. Stat. Ann. § 32A-2-14NMSA 32A-2-142-22 JUVENILE DELINQUENCY
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New York17Raise the Age law moved 16-17-year-olds to Youth Court for felonies. Raise the Age (RTA) | NY CourtHelpNoN/ANoYesNoYesAll crimesNoN/ANoNew York Police Policies: Specialized Miranda warnings for interrogation of juveniles.Assembly Bill A1963
Senate Bill S1099A
NY CLS CPL § 140.20, NY CLS Family Ct Act § 305.2BILL NO S04205 in process- use of deception during interrogations
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North Carolina17Juveniles aged 13-15 face discretionary transfer to adult court for felonies, while 16+ face mandatory adult trials for serious crimes. N.C. Gen. Stat. § 7B-2200NoN/ANoYes, if under age 16Yes, if under age 16YesAll crimes N.C. Gen. Stat. § 15A-211NoN/ANoCharlotte police policies: standard statewide procedures and Officers will use the Juvenile Waiver of Rights Form.N.C. Gen. Stat. § 7B-2101 Requires a parent to be present during Miranda warnings if under age 16.N.C. Gen. Stat. § 7B-2101State v. Saldierna, 794 S.E.2d 474 (2016)Effective December 1 2024 N.C. Gen. Stat. § 7B-2202
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North Dakota17Ages 16-17 face adult charges for motor offenses or serious felonies; 13+ can be transferred for felonies. https://www.nccourts.gov/help-topics/family-and-children/juvenile-delinquency#:~:text=Some%20juveniles%20are%20criminally%20prosecuted,and%20conducts%20a%20transfer%20hearing NoN/ANoNoNoNoN/ANoN/ANoWest Fargo Police Policies: standard statewide procedures. https://ndlegis.gov/assembly/68-2023/committees/interim/juvenile-justice-committee Members of the Juvenile Justice Committee are working on a new bill that will be brought before the state legislature in next year’s session that relates to juveniles understanding their rights.N.D. Cent. Code, § 27-20.2-12https://ndlegis.gov/cencode/t27c20-4.pdfDifficult to find information
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Ohio17Mandatory transfer at 16+ for severe crimes; discretionary transfer at 14+ for felony-level offenses.ORC Ann. 2152.10NoN/ANoNoNoYesAll crimes ORC Ann. 2933.81NoN/ANoCleveland Police Policies: Officers shall explain the Miranda warning in an age appropriate manner, and each
warning shall be read slowly and one at a time.
ORC Ann. 2151.352,ORC Ann. 2151.352In re M.H., 2015-Ohio-3302 (2015)ORC Ann. 2151.31
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Oklahoma16Minors aged 16-17 are automatically transferred to adult court for certain serious crimes (e.g., first-degree murder). 10A Okl. St. § 2-5-205YesYes, if over age 16Yes, or a parent if under 16Yes, if under age 16Yes, or counsel if under 16Yeshomcide and sex offenses 22 Okl. St. § 22NoN/ANoTulsa Police Policies: Standard statewide policies. Oklahoma Policy Institute: A landscape report of the youth
justice system in Oklahoma and
recommendations for reform
10A Okl. St. § 2-2-301 says, no custodial interrogation of a youth under 16 may begin until both the youth and their parents or legal counsel have been fully informed of the youth’s constitutional and legal rights.
10A Okl. St. § 2-2-30116+ are subject to adult criminal interrogations.
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Oregon17Minors aged 15-17 charged with committing certain serious crimes like murder face automatic adult court transfer.ORS § 419C.349NoN/ANoNoNoYesAll crimes ORS § 133.402NoN/AYes 2021 Bill Text OR S.B. 418Any statement made by a person under 18 during a custodial interview is presumed involuntary if a peace officer intentionally used false information to obtain it.Portland Police Policies: Standard statewide procedures.ORS § 133.403https://www.oregon.gov/opdc/general/PortalChecklistsDocs/Questioning%20%26%20Interrogation%20Quick%20Reference%20Guide.pdfORS § 133.403 effective Jan 1 2025
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Pennsylvania17For minors 14+, transfer to adult court requires a hearing; at 15+, it’s automatic for murder and serious crimes.42 Pa.C.S. § 6355NoN/ANoNoNoNoN/ANoN/ANoPhiladelphia Police Policies: Both the juvenile and parent must be notified of the Miranda rights of the JuvenileHB 188 (in process):Simplified Miranda warning for minors HB 1381(in process): includes juvenile specific Miranda rights readings 42 Pa.C.S. § 6326, 42 Pa.C.S. § 6337In re T.B., 2017 PA Super 272 (2017)https://justice.ri.gov/sites/g/files/xkgbur791/files/documents/JJGUIDE2007.pdf
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Rhode Island17Minors of any age can be transferred to adult court for capital offenses, while those aged 16 and older can be transferred for felonies. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/states/ri.html NoN/ANoYesNoNoN/ANoN/ANoProvidence Police Policies: requires a parent or counsel to be present prior to waiving of miranda rights of a juvenile. PURPOSE The purpose of this policy is to provide procedures to be followed by all personnel regarding the handling of juveniles/wp-content/uploads/2021/02/370.01-Juvenile-Operations.pdfIt is adopted by all Rhode Island Police Departments to record all interrogations for capital punishment.
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South Carolina17Minors 14 years old or older can be transferred to adult court under certain circumstances. S.C. Code Ann. § 63-19-1210NoN/ANoNoNoNoN/ANoN/ANoCharleston Police Policies: Officers who issue the Miranda warning
will attempt to assess the juvenile’s level of comprehension to ensure that they understand their rights.
SC 0278 General Bill Juvenile Justice Reform Act: (in process): to require that law enforcement must arrange for a child fifteen years of age or younger to meet with legal counsel prior to a custodial interrogation.S.C. Code Ann. § 63-19-82https://sc.edu/study/colleges_schools/law/centers/childrens_law/docs_general/juvenile_justice_publications/jj-quick_reference_guide_to_juvenile_court.pdf
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South Dakota17Minors aged 16 or older who are charged with serious felonies (Class A, B, 1, or 2 felonies) are automatically tried as adults. South Dakota's Transfer Laws NoN/ANoNoNoNoN/ANoN/ANoSioux Falls Police Policies: standard statewide procedures.S.D. Codified Laws § 26-7A-15https://doc.sd.gov/documents/SD%20Compliance%20Manual_March%202024.pdf
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Tennessee17Minors aged 16+ can be transferred to adult court; no minimum age for serious violent crimes. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/states/tn.html#:~:text=Following%20a%20hearing%2C%20a%20child,the%20interests%20of%20the%20community NoN/ANoNoNoYesAll crimes, 2023 Bill Text TN S.B. 1577NoN/ANoMemphis Police Policies: When a child less than 16 years of age is charged with a serious offense, there
is a strong presumption that the child is not capable of making an intelligent waiver in
the absence of a parent, guardian, or attorney.
Tenn. Code Ann. § 37-1-126https://www.tncourts.gov/rules/rules-juvenile-procedure/205
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Texas16juveniles aged 14 can be transferred to adult court for first-degree felonies or capital felonies, and at 15 for second- or third-degree felonies. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/states/tx.html NoN/ANoNoNoYesAll crimes, Tex. Fam. Code § 51.095NoN/ANoAustin Police Policies: If the juvenile is too young or mentally incompetent to render a decision, the parents or
guardians should be present.
Tex. Fam. Code § 51.09, Tex. Fam. Code § 51.095In re P.M., 2014 Tex. App. LEXIS 13612 (2014)Rights cannot be waived unless in the presence of a magistrate.
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Utah17Minors aged 16-17 can be transferred to adult court for serious felonies, while 14-15 year-olds are transferred for murder charges. Utah Code Ann. § 80-6-503Yes, if in a detention facilityYes, if not in a detention faciltyYes, if in a detention facilityYesYes or friendly adultYesAll crimesNoN/AYesduring a custodial interrogation of a child, peace officers or individuals acting on their behalf are prohibited from knowingly providing false information about evidence to elicit an incriminating response or making unauthorized statements about leniency for the offense.Salt Lake City Policies: Officers shall be careful in explaining the Miranda rights to suspects who may have trouble
understanding them, such as juveniles, persons with low IQ, and persons for whom English is
not their first language.
Utah Code Ann. § 80-6-206 requires police to clearly state rights in a specified simplfied language to any child they take into custody before questioning them.Utah Code Ann. § 80-6-206
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Vermont17Minors aged 10-17 can face adult court for serious crimes, with direct-file possible at 16+. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/states/vt.html NoN/ANoNoNoYesAll crimes 13 V.S.A. § 5585NoN/ANoLEGISLATIVE INTENT; LAW ENFORCEMENT: Vermont is working to set clear standards for juvenile interrogations. 33 V.S.A. § 5228https://www.vermontjudiciary.org/sites/default/files/documents/2023%20GUIDEBOOK%20final%20on-line%20w%20links_0.pdf
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Virginia17Minors aged 14+ may be transferred to adult court for felonies through discretionary, mandatory, or direct file waivers. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/states/va.html NoN/ANoYesNoYesAll crimes Va. Code Ann. § 19.2-390.04NoN/ANoFairfax County Police Policies: The Miranda reading
should also be explained in the presence of the juvenile’s parents, guardian,
or counsel as applicable. Officers shall account for the juvenile’s age,
maturity and cognitive ability, experience with the criminal justice system, and
any other factor that might impede or affect a juvenile’s informed decision to
understand or potentially waive their Miranda rights.
Va. Code Ann. § 16.1-247.1
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Washington17Minors 15+ can face discretionary transfer to adult court; 16+ may face automatic transfer for serious crimes. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/states/wa.html YesNoNoNoNoYesAll crimes Rev. Code Wash. (ARCW) § 10.122.030NoN/ANoSeattle Police Policies: standard statewide procedures.Rev. Code Wash. (ARCW) § 13.40.740HB 1062 - 2023-24- introduced
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West Virginia17automatic transfer for minors 14+ committing certain serious crimes. W. Va. Code § 49-4-710Yes, or parentNoYes, or parentYes, or counselYes, or counselNoN/ANoN/aNo§49-4-701 :A parent or counsel must be present during questioning if under age 16/W.V. R Juv P 5, W.V. R Juv P 7,
W. Va. Code § 49-4-706
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Wisconsin16Minors as young as 10 years old can be automatically transferred to adult court for certain offenses. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/states/wi.html NoN/ANoNoNoYesAll crimes Wis. Stat. § 938.195NoN/ANoOconomowoc City Police: standard statewide procedures.Wis. Stat. § 938.20https://uwpd.wisc.edu/content/uploads/2020/10/44.1-Juvenile-Operations.pdf
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Wyoming17Minor transfers to adult court consider factors like offense severity, and is not age specific. Wyo. Stat. § 14-6-237NoN/ANoNoNoNoN/ANoN/ANoJackson Police Policies: standard statewide procedures.Wyo. Stat. § 14-6-209https://www.courts.state.wy.us/wp-content/uploads/2017/03/Your_Rights.pdf
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Federal18Discretionary or mandatory transfer for serious offenses, such as violent felonies or drug trafficking, for juveniles as young as 15 or 16 depending on the offenseNoN/ANoYesNoNoN/ANoN/ANoJUVENILE MIRANDA RIGHTS The Federal Juvenile Delinquency Act and Related Matters in Short
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