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 Section 46b-127 of the general statutes is repealed and the 1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