15-11-515. Informal adjustment; circumstances; admissions; exceptions.

Before a petition for informal adjustment is filed, a probation officer or other officer designated by the court, subject to the court’s direction, may inform the parties of informal adjustment if it appears that:#

1. (1)

   The admitted facts bring the case within the jurisdiction of the court;#

2. (2)

   Counsel and advice without an adjudication would be in the best interests of the public and a child, taking into account at least the following factors:#

   1. (A)

      The nature of the alleged offense;#

   2. (B)

      The age and individual circumstances of such child;#

   3. (C)

      Such child’s prior record, if any;#

   4. (D)

      Recommendations for informal adjustment made by the complainant or the victim; and#

   5. (E)

      Services to meet such child’s needs and problems may be unavailable within the formal court system or may be provided more effectively by alternative community programs; and#

3. (3)

   A child and his or her parent, guardian, or legal custodian consent with knowledge that consent is not obligatory.#

The giving of counsel and advice shall not extend beyond three months unless extended by the court for an additional period not to exceed three months and shall not authorize the detention of a child if not otherwise permitted by this article.#

An incriminating statement made by a participant in an informal adjustment to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding upon conviction for the purpose of a presentence investigation.#

If a child is alleged to have committed a class A designated felony act or class B designated felony act, the case shall not be subject to informal adjustment, counsel, or advice without the prior consent of the district attorney or his or her authorized representative.#