Substitute House Bill No. 6667
Public Act No. 21-174
AN ACT CONCERNING THE RECOMMENDATIONS OF THE
JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (1) of section 46b-120 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(1) "Child" means any person under eighteen years of age who has
not been legally emancipated, except that (A) for purposes of
delinquency matters and proceedings, "child" means any person who (i)
is at least [seven] ten years of age at the time of the alleged commission
of a delinquent act and who is (I) under eighteen years of age and has
not been legally emancipated, or (II) eighteen years of age or older and
committed a delinquent act prior to attaining eighteen years of age, or
(ii) is subsequent to attaining eighteen years of age, (I) violates any order
of the Superior Court or any condition of probation ordered by the
Superior Court with respect to a delinquency proceeding, or (II) wilfully
fails to appear in response to a summons under section 46b-133 or at any
other court hearing in a delinquency proceeding of which the child had
notice, and (B) for purposes of family with service needs matters and
proceedings, child means a person who is at least seven years of age and
is under eighteen years of age; Substitute House Bill No. 6667
Public Act No. 21-174 2 of 16
Sec. 2. (Effective from passage) An implementation team shall assist the
Department of Children and Families in the development of an
operational plan to create an education unit pursuant to section 3 of this
act. The implementation team shall include representatives of state and
local agencies, including from the Department of Education, the Court
Support Services Division of the Judicial Branch, the Department of
Correction, local and regional boards of education and one child and
one family representative appointed by the Commissioner of Children
and Families, each of whom shall serve as voting members. The
implementation team shall identify the implementation timeline,
funding and other measures necessary to fully implement the
operational plan. Not later than September 1, 2021, the implementation
team shall provide a report to the Juvenile Justice Policy and Oversight
Committee established pursuant to section 46b-121n of the general
statutes.
Sec. 3. (NEW) (Effective October 1, 2022) (a) The Commissioner of
Children and Families shall implement the operational plan developed
pursuant to section 2 of this act to establish an education unit within the
Department of Children and Families, for the education of any child
who resides in any juvenile justice facility and any incarcerated child.
The Commissioner of Children and Families shall administer,
coordinate and control the operations of the unit and be responsible for
the overall supervision and direction of all courses and activities of the
unit.
(b) The commissioner, or his or her designee, shall:
(1) Have the power to employ and dismiss staff and, as a board of
education would in accordance with the applicable provisions of section
10-151 of the general statutes, such teachers as are necessary to carry out
the intent of this section and to pay their salaries, or to contract with
local or regional boards of education or educational service providers
for the purpose of providing educational services to children being Substitute House Bill No. 6667
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served by the unit;
(2) Develop and review quarterly reports, which shall be available to
the Juvenile Justice Policy and Oversight Committee established
pursuant to section 46b-121n of the general statutes, on academic
performance, school discipline, attendance and other similar issues
concerning students educated by the unit;
(3) Have the power to contract with providers of educational services
for compilation, at least semiannually, of performance data to ensure
that reporting measures are tailored to experiences of students in short
and long-term placements in juvenile justice facilities;
(4) Require providers of educational services to develop partnerships
and programs with local educational agencies, private educational
providers and local industries and businesses;
(5) Report student performance data, attendance and rates of
participation for all education programs and document transition
activities and outcomes and collaborations with community service
providers and parents to the Juvenile Justice Policy and Oversight
Committee established pursuant to section 46b-121n of the general
statutes;
(6) (A) Ensure that students have access to earn credits toward high
school graduation and have access to arts and career and technical
education courses, state-wide and college preparatory testing, and (B)
provide alternative options for high school equivalency certificates for
students who are twenty years of age or older with insufficient credits
to meet graduation requirements pursuant to section 10-221a of the
general statutes, as amended by this act; and
(7) Enable students to have access to web-based content including
credit recovery programs to allow students to earn a credit for a course
he or she did not satisfactorily complete. Substitute House Bill No. 6667
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(c) The commissioner may employ within the unit transition
specialists whose primary responsibility is to facilitate the successful
transition of children from their communities to secure facilities and
then back to their local educational program upon release. Transition
specialists shall:
(1) Collaborate with local and regional boards of education,
governing councils of a state or local charter school, interdistrict magnet
school operators and agencies that serve the needs of children,
employers and other community supports for reentry to plan and
manage successful transitions between the unit, the student's previous
school and the school the student will enroll in upon leaving the unit;
(2) Manage and track the educational credits of a student who is in
an out-of-home placement and document the success of a placement
following a student's reentry into his or her community; and
(3) Be responsible for communicating with the reentry coordinators
who appear on a list pursuant to section 4 of this act, whose primary
responsibility is to support educational success in students returning to
the community from juvenile justice system custody and who shall
ensure all information regarding the education of a child under the
oversight of the unit is communicated to the school the student will
enroll in upon leaving juvenile justice system custody.
(d) The education unit shall ensure that the school the student will
enroll in, after the unit's obligation to provide services to the student
ends, provides services and supports that maximize the student's
success.
(e) The education unit shall employ a uniform system of state-wide
electronic record transfers for maintaining and sharing educational
records for any child who resides in a juvenile justice facility and any
incarcerated child in an educational program to be overseen by a Substitute House Bill No. 6667
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directory manager as designated by the commissioner. Such system
shall be aligned with recommendations by the Individualized
Education Program Advisory Council established pursuant to section
10-76nn of the general statutes.
Sec. 4. (NEW) (Effective from passage) Not later than August 1, 2021,
the Department of Education shall assemble a list of persons who may
perform the function of reentry coordinator. The department shall
distribute the list to the Departments of Correction and Children and
Families and the Court Support Services Division of the Judicial Branch
and any parent or other person interested in receiving such list. The
Department of Education shall review and update such list annually.
The Department of Education shall post such list on the department's
Internet web site. Local and regional boards of education shall use a
reentry coordinator from the list to obtain records of children in juvenile
justice facilities and assist in transfer of the records to the facility. Any
local or regional board of education for a district in which fewer than six
thousand students are enrolled may designate an employee to perform
the functions of a reentry coordinator.
Sec. 5. Subsection (i) of section 10-221a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(i) (1) A local or regional board of education may award a diploma to
a veteran, as defined in subsection (a) of section 27-103, or a person with
a qualifying condition, as defined in said section, who has received a
discharge other than bad conduct or dishonorable from active service in
the armed forces, which veteran or person served during World War II
or the Korean hostilities, as described in section 51-49h, or during the
Vietnam Era, as defined in section 27-103, withdrew from high school
prior to graduation in order to serve in the armed forces of the United
States and did not receive a diploma as a consequence of such service. Substitute House Bill No. 6667
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(2) A local or regional board of education may award a diploma to
any person who (A) withdrew from high school prior to graduation to
work in a job that assisted the war effort during World War II, December
7, 1941, to December 31, 1946, inclusive, (B) did not receive a diploma as
a consequence of such work, and (C) has been a resident of the state for
at least fifty consecutive years.
(3) (A) A local or regional board of education under whose
jurisdiction a student would otherwise be attending school if such
student were not educated under the oversight of the education unit of
the Department of Children and Families established pursuant to
section 3 of this act, shall award a diploma to any such student
seventeen years of age or older who satisfactorily completes the
minimum credits required pursuant to this section for students
graduating in the year in which such diploma is awarded.
(B) If no such local or regional board of education can be identified,
the Department of Children and Families shall determine whether a
student educated under the oversight of the education unit of the
department who is seventeen years of age or older has satisfactorily
completed the minimum credits required pursuant to this section for
students graduating in the year in which a diploma is sought by such
student and the department shall award a diploma to any such student
who has met such requirement.
Sec. 6. (NEW) (Effective from passage) The Commissioners of Education
and Children and Families shall develop a system for standardized
conversion of credits transferred pursuant to section 10-220h of the
general statutes, as amended by this act. Such system shall enable a
determination of whether credits apply toward requirements for
graduation pursuant to section 10-221a of the general statutes, as
amended by this act, not later than thirty days after a transfer of credits.
Sec. 7. Section 10-220h of the general statutes is repealed and the Substitute House Bill No. 6667
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following is substituted in lieu thereof (Effective October 1, 2022):
(a) When a student enrolls in a school in a new school district or in a
new state charter school, the new school district or new state charter
school shall provide written notification of such enrollment to the school
district in which the student previously attended school or the state
charter school the student previously attended not later than two
business days after the student enrolls. The school district in which the
student previously attended school or the state charter school that the
student previously attended (1) shall transfer the student's education
records to the new school district or new state charter school no later
than ten days after receipt of such notification, and (2) if the student's
parent or guardian did not give written authorization for the transfer of
such records, shall send notification of the transfer to the parent or
guardian at the same time that it transfers the records.
(b) In the case of a student placed in any juvenile justice facility and
any incarcerated student being educated under the oversight of the
education unit established pursuant to section 3 of this act, the
Commissioner of Children and Families shall immediately upon
placement of such student in such facility or under incarceration, inform
the student's previous school of such placement. The school district in
which the student previously attended school or the state charter school
that the student previously attended shall, not later than five days after
notification of such placement or incarceration, transfer the student's
education records to the education unit.
(c) In the case of a student who transfers from Unified School District
#1, [or] Unified School District #2 or the education unit established
pursuant to section 3 of this act, the new school district or new state
charter school shall provide written notification of such enrollment to
Unified School District #1, [or] Unified School District #2 [not later than
ten days after] or the education unit established pursuant to section 3 of
this act, immediately upon the date of enrollment. The unified school Substitute House Bill No. 6667
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district or the education unit established pursuant to section 3 of this act
shall, not later than [ten] five days after receipt of notification of
enrollment from the new school district or new state charter school,
transfer the records of the student to the new school district or new state
charter school. [and the]
(d) The new school district or new state charter school shall, not later
than thirty days after receiving the student's education records, credit
the student for all instruction received in Unified School District #1, [or]
Unified School District #2 or the education unit established pursuant to
section 3 of this act.
Sec. 8. (Effective from passage) (a) There is established a committee for
the purpose of studying the effects of and possible alternatives to
suspensions and expulsions of students in any grade.
(b) The committee shall consist of the following members:
(1) The executive director of the Commission on Women, Children,
Seniors, Equity and Opportunity;
(2) The chairpersons of the education working group of the Juvenile
Justice Policy and Oversight Committee established pursuant to section
46b-121n of the general statutes;
(3) The Commissioner of Education, or the commissioner's designee;
(4) A representative of the State Board of Education Accountability
and Support Committee appointed by the Commissioner of Education;
and
(5) The following nine members, each appointed by the chairpersons
of the education working group of the Juvenile Justice Policy and
Oversight Committee established pursuant to section 46b-121n of the
general statutes: Substitute House Bill No. 6667
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(A) One of whom shall be the chairperson of a collaborative group
for social and emotional well-being;
(B) One of whom shall be the executive director of a state-wide
association of public school superintendents;
(C) One of whom shall be the president of a state-wide association of
public school superintendents;
(D) One of whom shall be a representative of a state-wide school
discipline collaborative;
(E) One of whom shall be the chairperson of a state-wide advisory
council for special education;
(F) One of whom shall be a representative of a disability rights
organization;
(G) One of whom shall be a representative of a state-wide
organization that advocates for special education equity;
(H) One of whom shall be a representative of an organization that is
a catalyst for improvement of children's health and development; and
(I) One of whom shall be a representative of an association of youth
service bureaus.
(c) All initial appointments to the committee shall be made not later
than thirty days after the effective date of this section. Any vacancy shall
be filled by the appointing authority.
(d) The members under subdivision (1) and subparagraphs (A) and
(B) of subdivision (5) of subsection (b) of this section shall be the
chairpersons of the committee. Such chairpersons shall schedule the first
meeting of the committee, which shall be held not later than sixty days
after the effective date of this section. Substitute House Bill No. 6667
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(e) (1) Not later than January 1, 2022, the committee shall complete a
report concerning the effects of and alternatives to suspension and
expulsion of students in preschool through second grade.
(2) Not later than January 1, 2023, the committee shall complete a
report concerning the effects of and alternatives to suspension and
expulsion of students in grades (A) three to eight, inclusive; and (B) nine
to twelve, inclusive.
(f) The committee shall include in reports written under subsection
(e) of this section:
(1) Funding recommendations for any proposed alternatives to
suspension and expulsion;
(2) Timelines for potential implementation of any such alternatives;
(3) Individual school district needs based on data;
(4) Training recommendations for school personnel;
(5) Implementation procedures for alternative in-school disciplinary
practice, strategies and intervention to support students and school
personnel;
(6) Strategies for family engagement;
(7) Recommendations for screening for health and mental health
concerns; and
(8) Recommendations for strengthening connections to community-
based services and supports including trauma-informed mental health
interventions.
(g) (1) Not later than January 1, 2022, the committee shall submit a
report on its findings and recommendations, if any, pursuant to Substitute House Bill No. 6667
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subdivision (1) of subsection (e) of this section, and (2) not later than
January 1, 2023, the committee shall submit a report on its findings and
recommendations, if any, pursuant to subdivision (2) of subsection (e)
of this section to the Juvenile Justice Policy and Oversight Committee.
The committee shall terminate on the date that it submits the last such
report or January 1, 2023, whichever is later.
Sec. 9. Section 46b-146 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
Whenever any child has been convicted as delinquent, has been
adjudicated a member of a family with service needs or has signed a
statement of responsibility admitting to having committed a delinquent
act, and has subsequently been discharged from the supervision of the
Superior Court or from the custody of the Department of Children and
Families or from the care of any other institution or agency to whom the
child has been committed by the court, such child, or the child's parent
or guardian, may file a petition with the Superior Court. [If] The Court
Support Services Division shall provide written notice concerning the
erasure of certain records to any such child and the child's parent or
guardian when (1) such child is so discharged, and (2) upon such child's
eighteenth birthday if such child was younger than eighteen years of
age when so discharged. Such notice shall provide that such child,
parent or guardian may petition the Superior Court for such erasure
pursuant to this section. If, upon the filing of such petition, such court
finds [(1)] (A) (i) that at least two years or, in the case of a child convicted
as delinquent for the commission of a serious juvenile offense, four years
have elapsed from the date of such discharge, [(B)] (ii) that no
subsequent juvenile proceeding or adult criminal proceeding is pending
against such child, [(C)] (iii) that such child has not been convicted of a
delinquent act that would constitute a felony or misdemeanor if
committed by an adult during such two-year or four-year period, [(D)]
(iv) that such child has not been convicted as an adult of a felony or Substitute House Bill No. 6667
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misdemeanor during such two-year or four-year period, and [(E)] (v)
that such child has reached eighteen years of age, or [(2)] (B) that such
child has a criminal record as a result of being a victim of conduct by
another person that constitutes a violation of section 53a-192a or a
criminal violation of 18 USC Chapter 77, the court shall order all police
and court records pertaining to such child to be erased. Upon the entry
of such an erasure order, all references including arrest, complaint,
referrals, petitions, reports and orders, shall be removed from all
agency, official and institutional files, and a finding of delinquency or
that the child was a member of a family with service needs shall be
deemed never to have occurred. The persons in charge of such records
shall not disclose to any person information pertaining to the record so
erased, except that the fact of such erasure may be substantiated where,
in the opinion of the court, it is in the best interests of such child to do
so. No child who has been the subject of such an erasure order shall be
deemed to have been arrested ab initio, within the meaning of the
general statutes, with respect to proceedings so erased. Copies of the
erasure order shall be sent to all persons, agencies, officials or
institutions known to have information pertaining to the delinquency or
family with service needs proceedings affecting such child. Whenever a
child is dismissed as not delinquent or as not being a member of a family
with service needs, all police and court records pertaining to such
charge shall be ordered erased immediately, without the filing of a
petition. Nothing in this section shall prohibit the court from granting a
petition to erase a child's records on a showing of good cause, after a
hearing, before the time when such records could be erased.
Sec. 10. (Effective from passage) There shall be a committee with
members appointed by the chairpersons of the Juvenile Justice Policy
and Oversight Committee, established pursuant to section 46b-121n of
the general statutes. Such committee shall study telephone call rates and
commissary needs for all persons eighteen to twenty-one years of age
who are incarcerated in Department of Correction facilities. The Substitute House Bill No. 6667
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committee may make recommendations for legislation based on such
study and shall report any such recommendations to the Department of
Administrative Services and the joint standing committee of the General
Assembly having cognizance of matters relating to corrections in
accordance with the provisions of section 11-4a of the general statutes
not later than January 1, 2022.
Sec. 11. (Effective from passage) (a) The Commissioner of Correction
shall review the Department of Correction's use of chemical agents in
facilities housing youths under eighteen years of age that the
department operates and on such youths in the custody of the
commissioner. Such review shall evaluate data on (1) the types and
frequency of training that present alternatives to the use of chemical
agents provided to department staff, (2) the age, race and gender of any
youths subjected to the use of chemical agents, the reason for such use
and the date of such use, (3) how the use of chemical agents on such
youths may disproportionately affect a youth with special education
needs, (4) any attempted interventions prior to subjecting a youth to the
use of chemical agents and the types and frequency of medical and
behavioral interventions employed after such use, and (5) the number
of and details associated with incidents involving the use of chemical
agents upon any youth with a respiratory or psychiatric condition.
Additionally, the commissioner shall review and evaluate data on the
participation in rehabilitation programming by youths in the custody of
the commissioner and efforts the department is taking to implement
positive behavioral supports for such youths.
(b) Not later than February 1, 2022, the commissioner shall report on
the review conducted under subsection (a) of this section, in accordance
with the provisions of section 11-4a of the general statutes, to the joint
standing committee of the General Assembly having cognizance of
matters relating to the Department of Correction and to the Juvenile
Justice Policy and Oversight Committee established pursuant to section Substitute House Bill No. 6667
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46b-121n of the general statutes.
Sec. 12. (Effective from passage) (a) An implementation team shall
develop plans for mandatory prearrest diversion of low-risk children.
The implementation team shall include representatives of state and local
agencies, including from the Department of Children and Families,
Department of Education, the Court Support Services Division of the
Judicial Branch, the Department of Correction and local and regional
boards of education. The implementation team shall consider
stakeholder input, including from children and families and law
enforcement officials in the development of such plans.
(b) (1) Not later than January 1, 2022, the implementation team shall
develop a plan for automatic prearrest diversion of children to youth
service bureaus or other services in lieu of arrest for Tier 1 offenses that
include infractions such as (A) simple trespass under section 53a-110a
of the general statutes, (B) creating a public disturbance under section
53a-181a of the general statutes, (C) possession of less than one-half
ounce of a cannabis-type substance under section 21a-279a of the
general statutes, and (D) use, possession or delivery of drug
paraphernalia related to less than one-half ounce of a cannabis-type
substance under subsection (d) of section 21a-267 of the general statutes.
(2) Not later than January 1, 2023, the implementation team shall
develop a plan for automatic prearrest diversion of children to youth
service bureaus or other services in lieu of arrest for Tier 2 offenses that
include offenses such as (A) breach of peace in the second degree under
section 53a-181 of the general statutes, (B) disorderly conduct under
section 53a-182 of the general statutes, (C) larceny in the fifth or sixth
degree under section 53a-125a or 53a-125b of the general statutes, (D)
possession of one-half ounce or more of a cannabis-type substance
under section 21a-279 of the general statutes, and (E) use, possession or
delivery of drug paraphernalia related to one-half ounce or more of a
cannabis-type substance under section 21a-267 of the general statutes. Substitute House Bill No. 6667
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(c) The implementation team shall consider the following when
developing plans pursuant to subsection (b) of this section:
(1) Capacity of youth service bureaus and other local agencies who
will provide services to children diverted under the plans;
(2) Accountability mechanisms to measure success of services
provided;
(3) Processes for victim input and involvement;
(4) Data collection for the purpose of tracking referrals of diverted
children to youth service bureaus;
(5) Communication and outreach strategies to stakeholders for the
purpose of accessing local services;
(6) Dates for full implementation of the plans; and
(7) Any other considerations the committee finds necessary for a
successful implementation of the plans.
(d) Not later than January 1, 2022, the implementation team shall
submit a report on its findings and recommendations pursuant to
subdivision (1) of subsection (b) of this section, and not later than
January 1, 2023, the implementation team shall submit a report on its
findings and recommendations pursuant to subdivision (2) of
subsection (b) of this section to the Juvenile Justice Policy and Oversight
Committee. The implementation team shall terminate on the date that it
submits the last such report or January 1, 2023, whichever is later.
Sec. 13. (Effective from passage) (a) The Judicial Branch shall develop
an implementation plan to securely house in the custody of the Judicial
Branch any person under eighteen years of age who is arrested and
detained prior to sentencing or disposition on or after January 1, 2023.
The plan shall include cost estimates and recommendations for Substitute House Bill No. 6667
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legislation as may be necessary or appropriate for implementation of
such plan.
(b) Not later than January 1, 2022, the Judicial Branch shall submit the
implementation plan, in accordance with the provisions of section 11-4a
of the general statutes, to the joint standing committee of the General
Assembly having cognizance of matters relating to the judiciary and to
the Juvenile Justice Planning and Oversight Committee established
pursuant to section 46b-121n of the general statutes.
Sec. 14. Subdivision (1) of subsection (k) of section 46b-124 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(k) (1) Notwithstanding the provisions of subsection (d) of this
section, any information concerning a child that is obtained during any
mental health screening or assessment of such child, shall be used solely
for planning and treatment purposes and shall otherwise be confidential
and retained in the files of the entity performing such screening or
assessment. Such information may be further disclosed only for the
purposes of any court-ordered evaluation or treatment of the child or
provision of services to the child, or pursuant to sections 17a-101 to 17a-
101e, inclusive, 17b-450, 17b-451 or 51-36a, or to the Court Support
Services Division and its contracted quality assurance providers, for
program evaluation purposes. Such information shall not be subject to
subpoena or other court process for use in any other proceeding or for
any other purpose.