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General Assembly Substitute Bill No. 504
January Session, 2019
AN ACT CONCERNING TH E SUSPENSION OF DELINQUENCY
PROCEEDINGS FOR TREA TMENT OR OTHER SERVICES IN MOTOR
VEHICLE THEFT OR MISUSE CASES AND CONCER NING
DETENTION OF JUVENILES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) (a) For purposes of this 1
section: (1) "Delinquency offense involving the unlawful use or 2
operation of a motor vehicle" means an offense under (A) subdivision 3
(1) of subsection (a) of section 53a-119b of the general statutes, (B) 4
section 53a-126a of the general statutes, or (C) section 53a-126b of the 5
general statutes, when the property consists of a motor vehicle; and (2) 6
"delinquency offense involving motor vehicle theft" means an offense 7
under (A) subdivision (3) of subsection (a) of section 53a-122 of the 8
general statutes, (B) subdivision (1) of subsection (a) of section 53a-123 9
of the general statutes, or (C) subdivision (1) of subsection (a) of 10
section 53a-124 of the general statutes. 11
(b) The court, on motion of a child, as defined in section 46b-120 of 12
the general statutes, charged with a delinquency offense involving the 13
unlawful use or operation of a motor vehicle or a delinquency offense 14
involving motor vehicle theft for which such child is not yet 15
adjudicated as delinquent, may order that such child be evaluated to 16
determine whether the child would benefit from treatment or other 17
services to address any condition or behavior directly related to such 18
offense. Such motion shall be filed with the court not later than ten 19 Substitute Bill No. 504
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days after a plea is entered, except if waived by the court or pursuant 20
to an agreement by the parties. The results of any evaluation ordered 21
pursuant to this subsection shall be utilized only for the purposes of 22
determining whether the delinquency proceeding should be 23
suspended under this section. Any out-of-pocket costs of such 24
evaluation shall be paid by the child's parent or guardian unless such 25
costs are waived by the court upon a finding that such parent or 26
guardian is indigent. 27
(c) The court, upon motion of the child charged with a delinquency 28
offense involving the unlawful use or operation of a motor vehicle or a 29
delinquency offense involving motor vehicle theft for which such child 30
is not yet adjudicated as delinquent, may order the suspension of the 31
delinquency proceedings for a period of up to one year and order that 32
such child participate in treatment or other services to address any 33
condition or behavior directly related to such offense if the court, after 34
consideration of information before it concerning such condition and 35
behavior, and the evaluation ordered pursuant to subsection (b) of this 36
section, finds that: (1) Such child requires and is likely to benefit from 37
such treatment or other services, and (2) suspension of delinquency 38
proceedings will advance the interest of justice. During the period of 39
suspension of the delinquency proceedings, a child shall be placed 40
under the supervision of a juvenile probation officer and such officer 41
shall monitor the compliance of such child with the orders of the court. 42
Any out-of-pocket costs of such treatment or other services shall be 43
paid by the child's parent or guardian unless such costs are waived by 44
the court upon a finding that such parent or guardian is indigent. 45
(d) If the court denies the motion for suspension of the delinquency 46
proceedings, the prosecutorial official may proceed with the 47
delinquency proceedings. Any order of the court granting or denying a 48
motion for suspension of the delinquency proceedings shall not be 49
deemed a final order for purposes of appeal. 50
(e) At any time before the end of the period of the suspension of the 51
delinquency proceedings, but not later than one month before the end 52 Substitute Bill No. 504
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of the period of suspension, a juvenile probation officer shall notify the 53
court of the impending conclusion of the suspension and submit a 54
report on whether the child has completed the treatment or other 55
services and has complied with all other conditions of the suspension 56
order imposed by the court. 57
(f) If the court, on motion of the child or on its own motion, finds 58
that the child has completed the treatment or other services and has 59
complied with all other conditions of suspension of the delinquency 60
proceedings, the court may dismiss the charge for which the 61
delinquency proceedings had been suspended. If the court denies the 62
motion and terminates the suspension of the delinquency proceedings, 63
the prosecutorial official may proceed with such proceedings. 64
(g) The provisions of this section shall not apply to any child 65
charged with a serious juvenile offense, as defined in section 46b-120 66
of the general statutes, or any child who was previously evaluated and 67
ordered to receive treatment or other services under this section. 68
Sec. 2. Section 46b-133 of the general statutes is amended by adding 69
subsection (k) as follows (Effective July 1, 2019): 70
(NEW) (k) For purposes of subsections (c) and (e) of this section, a 71
child may be determined to pose a risk to public safety if such child 72
has previously been adjudicated as delinquent for or convicted of or 73
pled guilty or nolo contendere to two or more felony offenses, has had 74
two or more prior dispositions of probation and is charged with 75
commission of a larceny under subdivision (3) of subsection (a) of 76
section 53a-122 or subdivision (1) of subsection (a) of section 53a-123. 77
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 New section
Sec. 2 July 1, 2019 46b-133
Substitute Bill No. 504
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Statement of Legislative Commissioners:
In Section 1(a)(1) and (2), subparagraph designators were added for
clarity. In Section 1(b), "child" was defined as the existing definition of
"child" for purposes of delinquency proceedings. In Section 1(c) and (f),
"of the delinquency proceedings" was added after "suspension" for
consistency.
JUD Joint Favorable Subst. -LCO