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