Connecticut 2019 Regular Session

Connecticut Senate Bill SB00504 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 504
	8	+	January Session, 2019
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4		-	Substitute Senate Bill No. 504
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6		-	Public Act No. 19-110
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9	12		AN ACT CONCERNING TH E SUSPENSION OF DELINQUENCY
10		-	PROCEEDINGS FOR TREA TMENT OR OTHER ~~SERVI CES~~ IN
11		-	~~MOTOR~~ VEHICLE THEFT OR MISUSE CASES AND ~~CONCERNING~~
	13	+	PROCEEDINGS FOR TREA TMENT OR OTHER SERVICES IN MOTOR
	14	+	VEHICLE THEFT OR MISUSE CASES AND CONCER NING
12	15		DETENTION OF JUVENILES.
13	16		Be it enacted by the Senate and House of Representatives in General
14	17		Assembly convened:
15	18
16		-	Section 1. (NEW) (Effective October 1, 2019) (a) For purposes of this
17		-	section: (1) "Delinquency offense involving a motor vehicle" means any
18		-	offense under (A) subdivision (1) of subsection (a) of section 53a-119b
19		-	of the general statutes, (B) section 53a-126a of the general statutes, (C)
20		-	section 53a-126b of the general statutes, when the property consists of
21		-	a motor vehicle, (D) subdivision (3) of subsection (a) of section 53a-122
22		-	of the general statutes, (E) subdivision (1) of subsection (a) of section
23		-	53a-123 of the general statutes, or (F) subdivision (1) of subsection (a)
24		-	of section 53a-124 of the general statutes; and (2) "child" means child,
25		-	as defined in section 46b-120 of the general statutes.
26		-	(b) The court, on motion of a child charged with a delinquency
27		-	offense involving a motor vehicle for which such child is not yet
28		-	adjudicated as delinquent, may order the suspension of the
29		-	delinquency proceedings for a period of up to six months and order
30		-	the child to participate in services to address any condition or behavior
31		-	directly related to such offense during the period of suspension if the Substitute Senate Bill No. 504
	19	+	Section 1. (NEW) (Effective July 1, 2019) (a) For purposes of this 1
	20	+	section: (1) "Delinquency offense involving the unlawful use or 2
	21	+	operation of a motor vehicle" means an offense under (A) subdivision 3
	22	+	(1) of subsection (a) of section 53a-119b of the general statutes, (B) 4
	23	+	section 53a-126a of the general statutes, or (C) section 53a-126b of the 5
	24	+	general statutes, when the property consists of a motor vehicle; and (2) 6
	25	+	"delinquency offense involving motor vehicle theft" means an offense 7
	26	+	under (A) subdivision (3) of subsection (a) of section 53a-122 of the 8
	27	+	general statutes, (B) subdivision (1) of subsection (a) of section 53a-123 9
	28	+	of the general statutes, or (C) subdivision (1) of subsection (a) of 10
	29	+	section 53a-124 of the general statutes. 11
	30	+	(b) The court, on motion of a child, as defined in section 46b-120 of 12
	31	+	the general statutes, charged with a delinquency offense involving the 13
	32	+	unlawful use or operation of a motor vehicle or a delinquency offense 14
	33	+	involving motor vehicle theft for which such child is not yet 15
	34	+	adjudicated as delinquent, may order that such child be evaluated to 16
	35	+	determine whether the child would benefit from treatment or other 17
	36	+	services to address any condition or behavior directly related to such 18
	37	+	offense. Such motion shall be filed with the court not later than ten 19 Substitute Bill No. 504
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35		-	court, after consideration of the information before it, finds (1) the
36		-	child is likely to benefit from supervision and participation in the
37		-	recommended services, and (2) the suspension of the delinquency
38		-	proceedings will advance the interests of justice. Such motion shall be
39		-	filed with the court not later than ten days after a plea is entered,
40		-	except if waived by the court or pursuant to an agreement by the
41		-	parties.
42		-	(c) As a condition of eligibility for suspension of prosecution, the
43		-	child shall agree to: (1) Cooperate with an assessment to determine
44		-	whether such child would benefit from supervision and services; (2)
45		-	participate in and satisfactorily complete the recommended services;
46		-	and (3) comply with any orders of the court. During the period of
47		-	suspension of the delinquency proceedings, a child shall be placed
48		-	under the supervision of a juvenile probation officer and such officer
49		-	shall monitor the compliance of such child with the orders of the court.
50		-	Any assessment conducted pursuant to this section shall be used only
51		-	for the purposes of determining the appropriate services and whether
52		-	the delinquency proceedings should be suspended under this section.
53		-	Any out-of-pocket costs of such treatment or other services shall be
54		-	paid by the child's parent or guardian unless such costs are waived by
55		-	the court upon a finding that such parent or guardian is indigent.
56		-	(d) If the court denies the motion for suspension of the delinquency
57		-	proceedings, the prosecutorial official may proceed with the
58		-	delinquency proceedings. Any order of the court granting or denying a
59		-	motion for suspension of the delinquency proceedings shall not be
60		-	deemed a final order for purposes of appeal.
61		-	(e) At any time before the end of the period of the suspension of the
62		-	delinquency proceedings, but not later than one month before the end
63		-	of the period of suspension, a juvenile probation officer shall notify the
64		-	court of the impending conclusion of the suspension and submit a
65		-	report on whether the child has completed the treatment or other Substitute Senate Bill No. 504
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	44	+	days after a plea is entered, except if waived by the court or pursuant 20
	45	+	to an agreement by the parties. The results of any evaluation ordered 21
	46	+	pursuant to this subsection shall be utilized only for the purposes of 22
	47	+	determining whether the delinquency proceeding should be 23
	48	+	suspended under this section. Any out-of-pocket costs of such 24
	49	+	evaluation shall be paid by the child's parent or guardian unless such 25
	50	+	costs are waived by the court upon a finding that such parent or 26
	51	+	guardian is indigent. 27
	52	+	(c) The court, upon motion of the child charged with a delinquency 28
	53	+	offense involving the unlawful use or operation of a motor vehicle or a 29
	54	+	delinquency offense involving motor vehicle theft for which such child 30
	55	+	is not yet adjudicated as delinquent, may order the suspension of the 31
	56	+	delinquency proceedings for a period of up to one year and order that 32
	57	+	such child participate in treatment or other services to address any 33
	58	+	condition or behavior directly related to such offense if the court, after 34
	59	+	consideration of information before it concerning such condition and 35
	60	+	behavior, and the evaluation ordered pursuant to subsection (b) of this 36
	61	+	section, finds that: (1) Such child requires and is likely to benefit from 37
	62	+	such treatment or other services, and (2) suspension of delinquency 38
	63	+	proceedings will advance the interest of justice. During the period of 39
	64	+	suspension of the delinquency proceedings, a child shall be placed 40
	65	+	under the supervision of a juvenile probation officer and such officer 41
	66	+	shall monitor the compliance of such child with the orders of the court. 42
	67	+	Any out-of-pocket costs of such treatment or other services shall be 43
	68	+	paid by the child's parent or guardian unless such costs are waived by 44
	69	+	the court upon a finding that such parent or guardian is indigent. 45
	70	+	(d) If the court denies the motion for suspension of the delinquency 46
	71	+	proceedings, the prosecutorial official may proceed with the 47
	72	+	delinquency proceedings. Any order of the court granting or denying a 48
	73	+	motion for suspension of the delinquency proceedings shall not be 49
	74	+	deemed a final order for purposes of appeal. 50
	75	+	(e) At any time before the end of the period of the suspension of the 51
	76	+	delinquency proceedings, but not later than one month before the end 52 Substitute Bill No. 504
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69		-	services and has complied with all other conditions of the suspension
70		-	order imposed by the court and, if not, whether the suspension period
71		-	should be extended to allow additional time for the child to complete
72		-	the recommended services.
73		-	(f) If the court, on motion of the child or on its own motion, finds
74		-	that the child has completed the treatment or other services and has
75		-	complied with all other conditions of suspension of the delinquency
76		-	proceedings, the court may dismiss the charge for which the
77		-	delinquency proceedings had been suspended. If the court finds that
78		-	the child has not completed the treatment or other services, has not
79		-	complied with all other conditions of suspension and additional time
80		-	is needed to complete the treatment or other services, the court may
81		-	extend the suspension period for up to an additional six months. If the
82		-	court denies the motion and terminates the suspension of the
83		-	delinquency proceedings, the prosecutorial official may proceed with
84		-	such proceedings.
85		-	(g) The provisions of this section shall not apply to any child
86		-	charged with a serious juvenile offense, as defined in section 46b-120
87		-	of the general statutes, or any child who was previously granted
88		-	suspension of prosecution pursuant to subsection (b) of this section.
89		-	(h) The Judicial Branch shall (1) collect and annually examine data
90		-	relating to the suspension of delinquency proceedings pursuant to this
91		-	section, (2) disaggregate such data by demographics of the children for
92		-	whom such delinquency proceedings were suspended, offense
93		-	characteristics, and treatment and service outcomes, and (3) report
94		-	such data upon request.
95		-	Sec. 2. Section 46b-133 of the general statutes is amended by adding
96		-	subsection (k) as follows (Effective July 1, 2019):
97		-	(NEW) (k) For purposes of subsections (c) and (e) of this section, a Substitute Senate Bill No. 504
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101		-	child may be determined to pose a risk to public safety if such child
102		-	has previously been adjudicated as delinquent for or convicted of or
103		-	pled guilty or nolo contendere to two or more felony offenses, has had
104		-	two or more prior dispositions of probation and is charged with
105		-	commission of a larceny under subdivision (3) of subsection (a) of
106		-	section 53a-122 or subdivision (1) of subsection (a) of section 53a-123 or
107		-	subdivision (1) of subsection (a) of section 53a-124.
	83	+	of the period of suspension, a juvenile probation officer shall notify the 53
	84	+	court of the impending conclusion of the suspension and submit a 54
	85	+	report on whether the child has completed the treatment or other 55
	86	+	services and has complied with all other conditions of the suspension 56
	87	+	order imposed by the court. 57
	88	+	(f) If the court, on motion of the child or on its own motion, finds 58
	89	+	that the child has completed the treatment or other services and has 59
	90	+	complied with all other conditions of suspension of the delinquency 60
	91	+	proceedings, the court may dismiss the charge for which the 61
	92	+	delinquency proceedings had been suspended. If the court denies the 62
	93	+	motion and terminates the suspension of the delinquency proceedings, 63
	94	+	the prosecutorial official may proceed with such proceedings. 64
	95	+	(g) The provisions of this section shall not apply to any child 65
	96	+	charged with a serious juvenile offense, as defined in section 46b-120 66
	97	+	of the general statutes, or any child who was previously evaluated and 67
	98	+	ordered to receive treatment or other services under this section. 68
	99	+	Sec. 2. Section 46b-133 of the general statutes is amended by adding 69
	100	+	subsection (k) as follows (Effective July 1, 2019): 70
	101	+	(NEW) (k) For purposes of subsections (c) and (e) of this section, a 71
	102	+	child may be determined to pose a risk to public safety if such child 72
	103	+	has previously been adjudicated as delinquent for or convicted of or 73
	104	+	pled guilty or nolo contendere to two or more felony offenses, has had 74
	105	+	two or more prior dispositions of probation and is charged with 75
	106	+	commission of a larceny under subdivision (3) of subsection (a) of 76
	107	+	section 53a-122 or subdivision (1) of subsection (a) of section 53a-123. 77
	108	+	This act shall take effect as follows and shall amend the following
	109	+	sections:
	110	+
	111	+	Section 1 July 1, 2019 New section
	112	+	Sec. 2 July 1, 2019 46b-133
	113	+	Substitute Bill No. 504
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	120	+	Statement of Legislative Commissioners:
	121	+	In Section 1(a)(1) and (2), subparagraph designators were added for
	122	+	clarity. In Section 1(b), "child" was defined as the existing definition of
	123	+	"child" for purposes of delinquency proceedings. In Section 1(c) and (f),
	124	+	"of the delinquency proceedings" was added after "suspension" for
	125	+	consistency.
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	127	+	JUD Joint Favorable Subst. -LCO
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