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| 3 | 3 | | LCO No. 6352 1 of 6 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 7387 |
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| 6 | 6 | | January Session, 2019 |
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| 7 | 7 | | LCO No. 6352 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on JUDICIARY |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (JUD) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONSIDERING T HE DISCRETIONARY TRANSF ER OF |
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| 20 | 20 | | JUVENILES TO THE REGULAR CRIMINAL DOCKET . |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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| 22 | 22 | | Assembly convened: |
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| 23 | 23 | | |
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| 24 | 24 | | Section 1. Section 46b-127 of the general statutes is repealed and the 1 |
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| 25 | 25 | | following is substituted in lieu thereof (Effective October 1, 2019): 2 |
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| 26 | 26 | | (a) (1) The court shall automatically transfer from the docket for 3 |
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| 27 | 27 | | juvenile matters to the regular criminal docket of the Superior Court 4 |
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| 28 | 28 | | the case of any child charged with the commission of a capital felony 5 |
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| 29 | 29 | | under the provisions of section 53a-54b in effect prior to April 25, 2012, 6 |
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| 30 | 30 | | a class A felony, or a class B felony, except as provided in subdivision 7 |
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| 31 | 31 | | (3) of this subsection, or a violation of section 53a-54d, provided such 8 |
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| 32 | 32 | | offense was committed after such child attained the age of fifteen years 9 |
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| 33 | 33 | | and counsel has been appointed for such child if such child is indigent. 10 |
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| 34 | 34 | | Such counsel may appear with the child but shall not be permitted to 11 |
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| 35 | 35 | | make any argument or file any motion in opposition to the transfer. 12 |
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| 36 | 36 | | The child shall be arraigned in the regular criminal docket of the 13 |
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| 37 | 37 | | Superior Court at the next court date following such transfer, provided 14 |
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| 38 | 38 | | any proceedings held prior to the finalization of such transfer shall be 15 Raised Bill No. 7387 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 6352 2 of 6 |
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| 43 | 43 | | |
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| 44 | 44 | | private and shall be conducted in such parts of the courthouse or the 16 |
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| 45 | 45 | | building in which the court is located that are separate and apart from 17 |
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| 46 | 46 | | the other parts of the court which are then being used for proceedings 18 |
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| 47 | 47 | | pertaining to adults charged with crimes. 19 |
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| 48 | 48 | | (2) A state's attorney may, at any time after such arraignment, file a 20 |
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| 49 | 49 | | motion to transfer the case of any child charged with the commission 21 |
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| 50 | 50 | | of a class B felony or a violation of subdivision (2) of subsection (a) of 22 |
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| 51 | 51 | | section 53a-70 to the docket for juvenile matters for proceedings in 23 |
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| 52 | 52 | | accordance with the provisions of this chapter. 24 |
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| 53 | 53 | | (3) No case of any child charged with the commission of a violation 25 |
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| 54 | 54 | | of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of 26 |
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| 55 | 55 | | subsection (a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, 27 |
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| 56 | 56 | | subdivision (1), (3) or (4) of subsection (a) of section 53a-134, section 28 |
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| 57 | 57 | | 53a-196c, 53a-196d or 53a-252 or subsection (a) of section 53a-301 shall 29 |
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| 58 | 58 | | be transferred from the docket for juvenile matters to the regular 30 |
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| 59 | 59 | | criminal docket of the Superior Court, except as provided in this 31 |
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| 60 | 60 | | subdivision. Upon motion of a prosecutorial official, the superior court 32 |
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| 61 | 61 | | for juvenile matters shall conduct a hearing to determine whether the 33 |
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| 62 | 62 | | case of any child charged with the commission of any such offense 34 |
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| 63 | 63 | | shall be transferred from the docket for juvenile matters to the regular 35 |
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| 64 | 64 | | criminal docket of the Superior Court. The court shall not order that 36 |
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| 65 | 65 | | the case be transferred under this subdivision unless the court finds 37 |
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| 66 | 66 | | that (A) such offense was committed after such child attained the age 38 |
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| 67 | 67 | | of fifteen years, (B) there is probable cause to believe the child has 39 |
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| 68 | 68 | | committed the act for which the child is charged, and (C) the best 40 |
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| 69 | 69 | | interests of the child and the public will not be served by maintaining 41 |
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| 70 | 70 | | the case in the superior court for juvenile matters. In making such 42 |
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| 71 | 71 | | findings, the court shall consider (i) any prior criminal or juvenile 43 |
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| 72 | 72 | | offenses committed by the child, (ii) the seriousness of such offenses, 44 |
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| 73 | 73 | | (iii) any evidence that the child has intellectual disability or mental 45 |
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| 74 | 74 | | illness, [and] (iv) the availability of services in the docket for juvenile 46 |
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| 75 | 75 | | matters that can serve the child's needs, and (v) as provided in 47 |
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| 76 | 76 | | subsection (g) of this section. Any motion under this subdivision shall 48 |
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| 77 | 77 | | be made, and any hearing under this subdivision shall be held, not 49 Raised Bill No. 7387 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LCO No. 6352 3 of 6 |
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| 82 | 82 | | |
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| 83 | 83 | | later than thirty days after the child is arraigned in the superior court 50 |
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| 84 | 84 | | for juvenile matters. 51 |
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| 85 | 85 | | (b) (1) Upon motion of a prosecutorial official, the superior court for 52 |
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| 86 | 86 | | juvenile matters shall conduct a hearing to determine whether the case 53 |
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| 87 | 87 | | of any child charged with the commission of a class C, D or E felony or 54 |
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| 88 | 88 | | an unclassified felony shall be transferred from the docket for juvenile 55 |
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| 89 | 89 | | matters to the regular criminal docket of the Superior Court. The court 56 |
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| 90 | 90 | | shall not order that the case be transferred under this subdivision 57 |
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| 91 | 91 | | unless the court finds that (A) such offense was committed after such 58 |
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| 92 | 92 | | child attained the age of fifteen years, (B) there is probable cause to 59 |
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| 93 | 93 | | believe the child has committed the act for which the child is charged, 60 |
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| 94 | 94 | | and (C) the best interests of the child and the public will not be served 61 |
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| 95 | 95 | | by maintaining the case in the superior court for juvenile matters. In 62 |
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| 96 | 96 | | making such findings, the court shall consider (i) any prior criminal or 63 |
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| 97 | 97 | | juvenile offenses committed by the child, (ii) the seriousness of such 64 |
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| 98 | 98 | | offenses, (iii) any evidence that the child has intellectual disability or 65 |
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| 99 | 99 | | mental illness, [and] (iv) the availability of services in the docket for 66 |
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| 100 | 100 | | juvenile matters that can serve the child's needs, and (v) as provided in 67 |
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| 101 | 101 | | subsection (g) of this section. Any motion under this subdivision shall 68 |
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| 102 | 102 | | be made, and any hearing under this subdivision shall be held, not 69 |
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| 103 | 103 | | later than thirty days after the child is arraigned in the superior court 70 |
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| 104 | 104 | | for juvenile matters. 71 |
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| 105 | 105 | | (2) If a case is transferred to the regular criminal docket pursuant to 72 |
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| 106 | 106 | | subdivision (1) of this subsection or subdivision (3) of subsection (a) of 73 |
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| 107 | 107 | | this section, the court sitting for the regular criminal docket may return 74 |
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| 108 | 108 | | the case to the docket for juvenile matters at any time prior to a jury 75 |
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| 109 | 109 | | rendering a verdict or the entry of a guilty plea for good cause shown 76 |
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| 110 | 110 | | for proceedings in accordance with the provisions of this chapter. 77 |
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| 111 | 111 | | (c) Upon the effectuation of the transfer, such child shall stand trial 78 |
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| 112 | 112 | | and be sentenced, if convicted, as if such child were eighteen years of 79 |
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| 113 | 113 | | age, subject to the provisions of section 54-91g. Such child shall receive 80 |
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| 114 | 114 | | credit against any sentence imposed for time served in a juvenile 81 |
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| 115 | 115 | | facility prior to the effectuation of the transfer. A child who has been 82 Raised Bill No. 7387 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | |
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| 119 | 119 | | LCO No. 6352 4 of 6 |
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| 120 | 120 | | |
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| 121 | 121 | | transferred may enter a guilty plea to a lesser offense if the court finds 83 |
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| 122 | 122 | | that such plea is made knowingly and voluntarily. Any child 84 |
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| 123 | 123 | | transferred to the regular criminal docket who pleads guilty to a lesser 85 |
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| 124 | 124 | | offense shall not resume such child's status as a juvenile regarding 86 |
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| 125 | 125 | | such offense. If the action is dismissed or nolled or if such child is 87 |
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| 126 | 126 | | found not guilty of the charge for which such child was transferred or 88 |
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| 127 | 127 | | of any lesser included offenses, the child shall resume such child's 89 |
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| 128 | 128 | | status as a juvenile until such child attains the age of eighteen years. 90 |
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| 129 | 129 | | (d) Any child whose case is transferred to the regular criminal 91 |
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| 130 | 130 | | docket of the Superior Court who is detained pursuant to such case 92 |
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| 131 | 131 | | shall be in the custody of the Commissioner of Correction upon the 93 |
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| 132 | 132 | | finalization of such transfer. A transfer shall be final (1) upon the 94 |
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| 133 | 133 | | arraignment on the regular criminal docket until a motion filed by the 95 |
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| 134 | 134 | | state's attorney pursuant to subsection (a) of this section is granted by 96 |
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| 135 | 135 | | the court, or (2) upon the arraignment on the regular criminal docket 97 |
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| 136 | 136 | | of a transfer ordered pursuant to subsection (b) of this section until the 98 |
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| 137 | 137 | | court sitting for the regular criminal docket orders the case returned to 99 |
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| 138 | 138 | | the docket for juvenile matters for good cause shown. Any child whose 100 |
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| 139 | 139 | | case is returned to the docket for juvenile matters who is detained 101 |
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| 140 | 140 | | pursuant to such case shall be in the custody of the Judicial 102 |
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| 141 | 141 | | Department. 103 |
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| 142 | 142 | | (e) The transfer of a child to a Department of Correction facility shall 104 |
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| 143 | 143 | | be limited as provided in subsection (d) of this section and said 105 |
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| 144 | 144 | | subsection shall not be construed to permit the transfer of or otherwise 106 |
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| 145 | 145 | | reduce or eliminate any other population of juveniles in detention or 107 |
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| 146 | 146 | | confinement within the Judicial Department or the Department of 108 |
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| 147 | 147 | | Children and Families. 109 |
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| 148 | 148 | | (f) Upon the motion of any party or upon the court's own motion, 110 |
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| 149 | 149 | | the case of any youth age sixteen or seventeen, except a case that has 111 |
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| 150 | 150 | | been transferred to the regular criminal docket of the Superior Court 112 |
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| 151 | 151 | | pursuant to subsection (a) or (b) of this section, which is pending on 113 |
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| 152 | 152 | | the youthful offender docket, regular criminal docket of the Superior 114 |
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| 153 | 153 | | Court or any docket for the presentment of defendants in motor 115 Raised Bill No. 7387 |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | LCO No. 6352 5 of 6 |
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| 158 | 158 | | |
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| 159 | 159 | | vehicle matters, where the youth is charged with committing any 116 |
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| 160 | 160 | | offense or violation for which a term of imprisonment may be 117 |
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| 161 | 161 | | imposed, other than a violation of section 14-227a, 14-227g or 14-227m 118 |
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| 162 | 162 | | or subdivision (1) or (2) of subsection (a) of section 14-227n, may, 119 |
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| 163 | 163 | | before trial or before the entry of a guilty plea, be transferred to the 120 |
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| 164 | 164 | | docket for juvenile matters if (1) the youth is alleged to have 121 |
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| 165 | 165 | | committed such offense or violation on or after January 1, 2010, while 122 |
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| 166 | 166 | | sixteen years of age, or is alleged to have committed such offense or 123 |
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| 167 | 167 | | violation on or after July 1, 2012, while seventeen years of age, and (2) 124 |
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| 168 | 168 | | after a hearing considering the facts and circumstances of the case and 125 |
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| 169 | 169 | | the prior history of the youth, the court determines that the programs 126 |
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| 170 | 170 | | and services available pursuant to a proceeding in the superior court 127 |
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| 171 | 171 | | for juvenile matters would more appropriately address the needs of 128 |
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| 172 | 172 | | the youth and that the youth and the community would be better 129 |
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| 173 | 173 | | served by treating the youth as a delinquent. Upon ordering such 130 |
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| 174 | 174 | | transfer, the court shall vacate any pleas entered in the matter and 131 |
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| 175 | 175 | | advise the youth of the youth's rights, and the youth shall (A) enter 132 |
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| 176 | 176 | | pleas on the docket for juvenile matters in the jurisdiction where the 133 |
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| 177 | 177 | | youth resides, and (B) be subject to prosecution as a delinquent child. 134 |
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| 178 | 178 | | The decision of the court concerning the transfer of a youth's case from 135 |
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| 179 | 179 | | the youthful offender docket, regular criminal docket of the Superior 136 |
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| 180 | 180 | | Court or any docket for the presentment of defendants in motor 137 |
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| 181 | 181 | | vehicle matters shall not be a final judgment for purposes of appeal. 138 |
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| 182 | 182 | | (g) If a child's case is subject to transfer to the regular criminal 139 |
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| 183 | 183 | | docket pursuant to subdivision (3) of subsection (a) of this section or 140 |
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| 184 | 184 | | subdivision (1) of subsection (b) of this section, the court shall offer the 141 |
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| 185 | 185 | | child and the parent or guardian of such child an opportunity to 142 |
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| 186 | 186 | | participate in a class or program that the court selects from a list of 143 |
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| 187 | 187 | | classes and programs provided by the prosecutorial official. Such list 144 |
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| 188 | 188 | | shall include classes and programs designed to assist the child and 145 |
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| 189 | 189 | | parent or guardian to resolve or improve behavioral issues applicable 146 |
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| 190 | 190 | | to the child's case. As part of any consideration of the transfer of the 147 |
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| 191 | 191 | | child's case to the regular criminal docket, the court may consider the 148 |
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| 192 | 192 | | child's and parent or guardian's successful completion of any such 149 Raised Bill No. 7387 |
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| 193 | 193 | | |
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| 194 | 194 | | |
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| 195 | 195 | | |
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| 196 | 196 | | LCO No. 6352 6 of 6 |
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| 197 | 197 | | |
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| 198 | 198 | | class or program when evaluating the considerations described in 150 |
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| 199 | 199 | | subparagraph (C) of subdivision (3) of subsection (a) of this section or 151 |
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| 200 | 200 | | subparagraph (C) of subdivision (1) of subsection (b) of this section, as 152 |
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| 201 | 201 | | applicable. The court may not consider a child's or parent or guardian's 153 |
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| 202 | 202 | | failure to successfully complete any such class or program when 154 |
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| 203 | 203 | | evaluating the considerations described in subparagraph (C) of 155 |
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| 204 | 204 | | subdivision (3) of subsection (a) of this section or subparagraph (C) of 156 |
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| 205 | 205 | | subdivision (1) of subsection (b) of this section, as applicable. 157 |
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| 206 | 206 | | This act shall take effect as follows and shall amend the following |
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| 207 | 207 | | sections: |
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| 208 | 208 | | |
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| 209 | 209 | | Section 1 October 1, 2019 46b-127 |
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| 210 | 210 | | |
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| 211 | 211 | | Statement of Purpose: |
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| 212 | 212 | | To provide that completion of a class or program specified by the court |
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| 213 | 213 | | in the case of a juvenile delinquency case subject to discretionary |
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| 214 | 214 | | transfer to the regular criminal docket may be a positive factor for the |
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| 215 | 215 | | court to consider when balancing the best interest of the child and the |
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| 216 | 216 | | public when determining whether the case should remain on the |
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| 217 | 217 | | docket for juvenile matters. |
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| 218 | 218 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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| 219 | 219 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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| 220 | 220 | | not underlined.] |
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| 221 | 221 | | |
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