General Assembly Raised Bill No. 1229
January Session, 2011 LCO No. 5045
*05045_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1229
January Session, 2011
LCO No. 5045
*05045_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING EVIDENCE AND DETENTION IN JUVENILE MATTERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (j) of section 46b-140 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(j) Except as otherwise provided in this section, the court may order a child be (1) committed to the Department of Children and Families and be placed directly in a residential facility within this state and under contract with said department, or (2) committed to the Commissioner of Children and Families for placement by the commissioner, in said commissioner's discretion, (A) with respect to the juvenile offenders determined by the Department of Children and Families to be the highest risk, in the Connecticut Juvenile Training School, if the juvenile offender is a male, or in another state facility, presumptively for a minimum period of twelve months, or (B) in a private residential or day treatment facility within or outside this state, or (C) on parole. The commissioner shall use a risk and needs assessment classification system to ensure that male children who are in the highest risk level will be placed in the Connecticut Juvenile Training School. If the court orders that a child be committed under this subsection, the court shall reduce such child's commitment by the number of days the child was detained prior to the disposition of the juvenile offense in (i) a juvenile detention center, an alternative detention center, the Connecticut Juvenile Training School or any other facility or hospital pursuant to a detention order, or (ii) a police station, courthouse lockup or correctional facility.
Sec. 2. Subsections (b) and (c) of section 46b-137 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(b) Any admission, confession or statement, written or oral, made by a child sixteen years of age to a police officer or Juvenile Court official [, except an admission, confession or statement, written or oral, made by a child sixteen years of age to a police officer in connection with a case transferred to the Juvenile Court from the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters,] shall be inadmissible in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement, unless (1) the police or Juvenile Court official has made reasonable efforts to contact a parent or guardian of the child, and (2) such child has been advised that (A) the child has the right to contact a parent or guardian and to have a parent or guardian present during any interview, (B) the child has the right to retain counsel or, if unable to afford counsel, to have counsel appointed on behalf of the child, (C) the child has the right to refuse to make any statement, and (D) any statement the child makes may be introduced into evidence against the child.
(c) The admissibility of any admission, confession or statement, written or oral, made by a child sixteen years of age to a police officer or Juvenile Court official [, except an admission, confession or statement, written or oral, made by a child sixteen years of age to a police officer in connection with a case transferred to the Juvenile Court from the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters,] shall be determined by considering the totality of the circumstances at the time of the making of such admission, confession or statement. When determining the admissibility of such admission, confession or statement, the court shall consider (1) the age, experience, education, background and intelligence of the child, (2) the capacity of the child to understand the advice concerning rights and warnings required under subdivision (2) of subsection (b) of this section, the nature of the privilege against self-incrimination under the United States and Connecticut Constitutions, and the consequences of waiving such rights and privilege, (3) the opportunity the child had to speak with a parent, guardian or some other suitable individual prior to or while making such admission, confession or statement, and (4) the circumstances surrounding the making of the admission, confession or statement, including, but not limited to, (A) when and where the admission, confession or statement was made, (B) the reasonableness of proceeding, or the need to proceed, without a parent or guardian present, and (C) the reasonableness of efforts by the police or Juvenile Court official to attempt to contact a parent or guardian.
Sec. 3. Section 17a-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Commissioner of Children and Families shall adopt regulations, in accordance with chapter 54, [setting] to establish standard leave and release policies for juvenile delinquents committed to the Department of Children and Families and assigned to state facilities and private residential programs. Such regulations shall provide that juvenile delinquents shall not be eligible for:
(1) Any leave without an initial sixty-day evaluation of fitness and security risk, including a trial leave not exceeding one day; or [. Such regulations shall provide that juvenile delinquents shall not be eligible for any]
(2) Any leave or release without [(1)] (A) an evaluation of fitness and security risk, [(2)] (B) the assignment of supervision and clear identification of custody of a parent, legal guardian or other responsible adult, [(3)] (C) confidential notification of local police for a leave or release granted to a serious juvenile offender, and [(4)] (D) a determination of eligibility immediately prior to granting the leave or release of a delinquent.
(b) The commissioner may waive the requirement for a sixty-day evaluation of fitness and security risk pursuant to subdivision (1) of subsection (a) of this section for a juvenile delinquent who is transferred from one facility to another if the juvenile delinquent has had a satisfactory sixty-day evaluation of fitness and security risk pursuant to said subdivision (1).
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 46b-140(j)
Sec. 2 October 1, 2011 46b-137(b) and (c)
Sec. 3 October 1, 2011 17a-7a
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
46b-140(j)
Sec. 2
October 1, 2011
46b-137(b) and (c)
Sec. 3
October 1, 2011
17a-7a
Statement of Purpose:
To provide that: (1) A child convicted as a delinquent and committed to the custody of the Commissioner of Children and Families shall receive credit for time spent in detention prior to the disposition of the offense; (2) any admission, confession or statement made by a child to a police officer or Juvenile Court official is inadmissible in any criminal prosecution of the child; and (3) the Commissioner of Children and Families may waive the requirement for a sixty-day evaluation of fitness and security and award passes for leave to children convicted as delinquent who have had such evaluation and subsequently transfer to a different facility.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]