Connecticut 2020 Regular Session

Connecticut House Bill HB05508 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 2989 1 of 5
4	4
5	5	General Assembly Raised Bill No. 5508
6	6	February Session, 2020
7	7	LCO No. 2989
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9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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19	19	AN ACT CONCERNING RE PEAT JUVENILE OFFEND ERS AND
20	20	CONCERNING EARNED RI SK REDUCTION CREDITS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subsections (a) and (b) of section 46b-127 of the 2020 1
25	25	supplement to the general statutes (Effective October 1, 2020): 2
26	26	(a) (1) The court shall automatically transfer from the docket for 3
27	27	juvenile matters to the regular criminal docket of the Superior Court the 4
28	28	case of any child charged with the commission of a (A) capital felony 5
29	29	under the provisions of section 53a-54b in effect prior to April 25, 2012, 6
30	30	[a] (B) class A felony, [or a] (C) class B felony, except as provided in 7
31	31	subdivision (3) of this subsection, [or a] (D) violation of section 53a-54d, 8
32	32	or (E) any felony offense if such child was previously adjudicated as 9
33	33	delinquent for or convicted of or pled guilty or nolo contendere to four 10
34	34	or more felony offenses, provided each such offense under this 11
35	35	subdivision was committed after such child attained the age of fifteen 12
36	36	years and counsel has been appointed for such child if such child is 13
37	37	indigent. Such counsel may appear with the child but shall not be 14
38	38	permitted to make any argument or file any motion in opposition to the 15 Raised Bill No. 5508
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40	40
41	41
42	42	LCO No. 2989 2 of 5
43	43
44	44	transfer. The child shall be arraigned in the regular criminal docket of 16
45	45	the Superior Court at the next court date following such transfer, 17
46	46	provided any proceedings held prior to the finalization of such transfer 18
47	47	shall be private and shall be conducted in such parts of the courthouse 19
48	48	or the building in which the court is located that are separate and apart 20
49	49	from the other parts of the court which are then being used for 21
50	50	proceedings pertaining to adults charged with crimes. 22
51	51	(2) A state's attorney may, at any time after such arraignment, file a 23
52	52	motion to transfer the case of any child charged with the commission of 24
53	53	a class B felony or a violation of subdivision (2) of subsection (a) of 25
54	54	section 53a-70 to the docket for juvenile matters for proceedings in 26
55	55	accordance with the provisions of this chapter. 27
56	56	(3) No case of any child charged with the commission of a violation 28
57	57	of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of subsection 29
58	58	(a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, subdivision 30
59	59	(1), (3) or (4) of subsection (a) of section 53a-134, section 53a-196c, 53a-31
60	60	196d or 53a-252 or subsection (a) of section 53a-301 shall be transferred 32
61	61	from the docket for juvenile matters to the regular criminal docket of the 33
62	62	Superior Court, except as provided in subparagraph (E) of subdivision 34
63	63	(1) of this subsection or this subdivision. Upon motion of a prosecutorial 35
64	64	official, the superior court for juvenile matters shall conduct a hearing 36
65	65	to determine whether the case of any child charged with the commission 37
66	66	of any such offense shall be transferred from the docket for juvenile 38
67	67	matters to the regular criminal docket of the Superior Court. The court 39
68	68	shall not order that the case be transferred under this subdivision unless 40
69	69	the court finds that (A) such offense was committed after such child 41
70	70	attained the age of fifteen years, (B) there is probable cause to believe 42
71	71	the child has committed the act for which the child is charged, and (C) 43
72	72	the best interests of the child and the public will not be served by 44
73	73	maintaining the case in the superior court for juvenile matters. In 45
74	74	making such findings, the court shall consider (i) any prior criminal or 46
75	75	juvenile offenses committed by the child, (ii) the seriousness of such 47
76	76	offenses, (iii) any evidence that the child has intellectual disability or 48
77	77	mental illness, and (iv) the availability of services in the docket for 49 Raised Bill No. 5508
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80	80
81	81	LCO No. 2989 3 of 5
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83	83	juvenile matters that can serve the child's needs. Any motion under this 50
84	84	subdivision shall be made, and any hearing under this subdivision shall 51
85	85	be held, not later than thirty days after the child is arraigned in the 52
86	86	superior court for juvenile matters. 53
87	87	(b) [Upon] Except in the case of an automatic transfer for the 54
88	88	commission of a class C, D or E felony under circumstances described 55
89	89	in subparagraph (E) of subdivision (1) of subsection (a) of this section, 56
90	90	upon motion of a prosecutorial official, the superior court for juvenile 57
91	91	matters shall conduct a hearing to determine whether the case of any 58
92	92	child charged with the commission of a class C, D or E felony or an 59
93	93	unclassified felony shall be transferred from the docket for juvenile 60
94	94	matters to the regular criminal docket of the Superior Court. The court 61
95	95	shall not order that the case be transferred under this subdivision unless 62
96	96	the court finds that (1) such offense was committed after such child 63
97	97	attained the age of fifteen years, (2) there is probable cause to believe the 64
98	98	child has committed the act for which the child is charged, and (3) the 65
99	99	best interests of the child and the public will not be served by 66
100	100	maintaining the case in the superior court for juvenile matters. In 67
101	101	making such findings, the court shall consider (A) any prior criminal or 68
102	102	juvenile offenses committed by the child, (B) the seriousness of such 69
103	103	offenses, (C) any evidence that the child has intellectual disability or 70
104	104	mental illness, and (D) the availability of services in the docket for 71
105	105	juvenile matters that can serve the child's needs. Any motion under this 72
106	106	subdivision shall be made, and any hearing under this subdivision shall 73
107	107	be held, not later than thirty days after the child is arraigned in the 74
108	108	superior court for juvenile matters. 75
109	109	Sec. 2. Subsections (a) and (b) of section 18-98e of the general statutes 76
110	110	are repealed and the following is substituted in lieu thereof (Effective 77
111	111	October 1, 2020): 78
112	112	(a) (1) Notwithstanding any provision of the general statutes, any 79
113	113	person sentenced to a term of imprisonment for a crime committed on 80
114	114	or after October 1, 1994, and committed to the custody of the 81
115	115	Commissioner of Correction on or after said date, except a person 82 Raised Bill No. 5508
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118	118
119	119	LCO No. 2989 4 of 5
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121	121	sentenced for a violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 83
122	122	53a-55, 53a-55a, 53a-70a, 53a-70c or 53a-100aa, or is a persistent 84
123	123	dangerous felony offender or persistent dangerous sexual offender 85
124	124	pursuant to section 53a-40, may be eligible to earn risk reduction credit 86
125	125	toward a reduction of such person's sentence, in an amount not to 87
126	126	exceed five days per month, at the discretion of the Commissioner of 88
127	127	Correction for conduct as provided in subsection (b) of this section 89
128	128	occurring on or after April 1, 2006. 90
129	129	(2) Notwithstanding any provision of the general statutes, any person 91
130	130	sentenced to a term of imprisonment for a crime committed on or after 92
131	131	October 1, 2020, and committed to the custody of the Commissioner of 93
132	132	Correction on or after said date, except a person sentenced for a 94
133	133	violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 95
134	134	53a-70a, 53a-70c or 53a-100aa, or is a persistent dangerous felony 96
135	135	offender or persistent dangerous sexual offender pursuant to section 97
136	136	53a-40, or is convicted of a family violence crime, as defined in section 98
137	137	46b-38a, may be eligible to earn risk reduction credit toward a reduction 99
138	138	of such person's sentence, in an amount not to exceed five days per 100
139	139	month, at the discretion of the Commissioner of Correction for conduct 101
140	140	as provided in subsection (b) of this section occurring on or after April 102
141	141	1, 2006. 103
142	142	(b) An inmate may earn risk reduction credit for adherence to the 104
143	143	inmate's offender accountability plan, for active participation in eligible 105
144	144	programs and activities, and for good conduct and obedience to 106
145	145	institutional rules as designated by the commissioner, provided (1) good 107
146	146	conduct and obedience to institutional rules alone shall not entitle an 108
147	147	inmate to such credit, and (2) the inmate fully adheres to the inmate's 109
148	148	offender accountability plan. The commissioner or the commissioner's 110
149	149	designee may, in his or her discretion, cause the loss of all or any portion 111
150	150	of such earned risk reduction credit for any act of misconduct or 112
151	151	insubordination or refusal to conform to recommended programs or 113
152	152	activities or institutional rules occurring at any time during the service 114
153	153	of the sentence or for other good cause. If an inmate has not earned 115
154	154	sufficient risk reduction credit at the time the commissioner or the 116 Raised Bill No. 5508
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157	157
158	158	LCO No. 2989 5 of 5
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160	160	commissioner's designee orders the loss of all or a portion of earned 117
161	161	credit, such loss shall be deducted from any credit earned by such 118
162	162	inmate in the future. 119
163	163	This act shall take effect as follows and shall amend the following
164	164	sections:
165	165
166	166	Section 1 October 1, 2020 46b-127(a) and (b)
167	167	Sec. 2 October 1, 2020 18-98e(a) and (b)
168	168
169	169	Statement of Purpose:
170	170	To require automatic transfer to the regular criminal docket of a juvenile
171	171	when the juvenile has at least four prior adjudications or convictions for
172	172	a felony offense, to prohibit persons convicted of family violence crimes
173	173	from earning risk reduction credits and to require inmates to adhere to
174	174	their offender accountability plans and actively participate in eligible
175	175	programming in order to earn risk reduction credits.
176	176	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
177	177	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
178	178	underlined.]
179	179