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General Assembly Raised Bill No. 5417
February Session, 2022
LCO No. 3065
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING JUVENILE JUSTICE AND SERVICES AND
FIREARMS BACKGROUND CHECKS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (e), inclusive, of section 46b-133 of the 1
2022 supplement to the general statutes are repealed and the following 2
is substituted in lieu thereof (Effective October 1, 2022): 3
(a) Nothing in this part shall be construed as preventing the arrest of 4
a child, with or without a warrant, as may be provided by law, or as 5
preventing the issuance of warrants by judges in the manner provided 6
by section 54-2a, except that no child shall be taken into custody on such 7
process except on apprehension in the act, or on speedy information, or 8
in other cases when the use of such process appears imperative. 9
Whenever a child is arrested and charged with a delinquent act, such 10
child (1) shall be brought before a judge of the Superior Court no later 11
than the fifth business day after such arrest, unless required sooner 12
pursuant to subsection (e) of this section, (2) shall be immediately 13
assessed for and provided any services such assessment deems 14
appropriate, and (3) may be required to submit to the taking of his 15 Raised Bill No. 5417
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photograph, physical description and fingerprints. Notwithstanding the 16
provisions of section 46b-124, the name, photograph and custody status 17
of any child arrested for the commission of a capital felony under the 18
provisions of section 53a-54b in effect prior to April 25, 2012, or class A 19
felony may be disclosed to the public. 20
(b) Whenever a child is brought before a judge of the Superior Court, 21
which court shall be the court that has jurisdiction over juvenile matters 22
where the child resides if the residence of such child can be determined, 23
such judge shall immediately have the case proceeded upon as a 24
juvenile matter. Such judge may admit the child to bail or release the 25
child in the custody of the child's parent or parents, the child's guardian 26
or some other suitable person to appear before the Superior Court when 27
ordered. If detention becomes necessary, such detention shall be in the 28
manner prescribed by this chapter, provided the child shall be placed in 29
the least restrictive environment possible in a manner consistent with 30
public safety. 31
(c) (1) Upon the arrest of any child by an officer, such officer may [(1)] 32
(A) release the child to the custody of the child's parent or parents, 33
guardian or some other suitable person or agency, [(2)] (B) at the 34
discretion of the officer, release the child to the child's own custody, or 35
[(3)] (C) seek a court order to detain the child in a juvenile residential 36
center. No child may be placed in a juvenile residential center unless a 37
judge of the Superior Court determines, based on the available facts, that 38
[(A)] (i) there is probable cause to believe that the child has committed 39
the acts alleged, [(B)] (ii) there is no appropriate less restrictive 40
alternative available, and [(C)] (iii) there is [(i)] (I) probable cause to 41
believe that the level of risk that the child poses to public safety if 42
released to the community prior to the court hearing or disposition 43
cannot be managed in a less restrictive setting, [(ii)] (II) a need to hold 44
the child in order to ensure the child's appearance before the court or 45
compliance with court process, as demonstrated by the child's previous 46
failure to respond to the court process, or [(iii)] (III) a need to hold the 47
child for another jurisdiction. No child shall be held in any juvenile 48
residential center unless an order to detain is issued by a judge of the 49 Raised Bill No. 5417
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Superior Court. 50
(2) A judge of the Superior Court may order any child who is released 51
into the custody of his or her parent or guardian or some other suitable 52
person or agency after being charged with a second or subsequent 53
delinquency offense involving a motor vehicle, as defined in section 54
46b-133j, or property theft, to be electronically monitored by using a 55
global positioning system device until such child's case is disposed of. 56
Any failure by the child to adhere to the judge's order concerning 57
electronic monitoring shall result in immediate detention of such child. 58
(d) When a child is arrested for the commission of a delinquent act 59
and the child is not placed in a juvenile residential center or referred to 60
a diversionary program, an officer shall serve a written complaint and 61
summons on the child and the child's parent, guardian or some other 62
suitable person or agency. If such child is released to the child's own 63
custody, the officer shall make reasonable efforts to notify, and to 64
provide a copy of a written complaint and summons to, the parent or 65
guardian or some other suitable person or agency prior to the court date 66
on the summons. If any person so summoned wilfully fails to appear in 67
court at the time and place so specified, the court may issue a warrant 68
for the child's arrest or a capias to assure the appearance in court of such 69
parent, guardian or other person. If a child wilfully fails to appear in 70
response to such a summons, the court may order such child taken into 71
custody and such child may be charged with the delinquent act of wilful 72
failure to appear under section 46b-120. The court may punish for 73
contempt, as provided in section 46b-121, any parent, guardian or other 74
person so summoned who wilfully fails to appear in court at the time 75
and place so specified. 76
(e) When a child is arrested for the commission of a delinquent act 77
and is placed in a juvenile residential center pursuant to subsection (c) 78
of this section, such child may be detained pending a hearing which 79
shall be held on the business day next following the child's arrest. No 80
child may be detained after such hearing unless the court determines, 81
based on the available facts, that (1) there is probable cause to believe 82 Raised Bill No. 5417
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that the child has committed the acts alleged, (2) there is no less 83
restrictive alternative available, and (3) through the use of the detention 84
risk screening instrument developed pursuant to section 46b-133g, that 85
there is (A) probable cause to believe that the level of risk the child poses 86
to public safety if released to the community prior to the court hearing 87
or disposition cannot be managed in a less restrictive setting, (B) a need 88
to hold the child in order to ensure the child's appearance before the 89
court or compliance with court process, as demonstrated by the child's 90
previous failure to respond to the court process [;] , or (C) a need to hold 91
the child for another jurisdiction. Such probable cause may be shown by 92
sworn affidavit in lieu of testimony. No child shall be released from a 93
juvenile residential center who is alleged to have committed a serious 94
juvenile offense except by order of a judge of the Superior Court. The 95
court may, in its discretion, consider as an alternative to detention a 96
suspended detention order with graduated sanctions to be imposed 97
based on the detention risk screening for such child, using the 98
instrument developed pursuant to section 46b-133g. Any child confined 99
in a community correctional center or lockup shall be held in an area 100
separate and apart from any adult detainee, except in the case of a 101
nursing infant, and no child shall at any time be held in solitary 102
confinement. [or] No such child may be held for a period that exceeds 103
six hours, except in a case where an arresting police officer of a child is 104
in the process of seeking a detention order for such child about whom 105
the officer has a good faith belief that the child poses a risk to public 106
safety. When a female child is held in custody, she shall, as far as 107
possible, be in the charge of a woman attendant. 108
Sec. 2. Section 46b-133d of the general statutes is repealed and the 109
following is substituted in lieu thereof (Effective October 1, 2022): 110
(a) For the purposes of this section, "special juvenile probation" 111
means a period of probation imposed by the superior court for juvenile 112
matters upon a child in a proceeding designated as a serious homicide 113
or sexual offender prosecution during which the child is supervised by 114
a juvenile probation officer prior to such child attaining eighteen years 115
of age and by an adult probation officer after such child attains eighteen 116 Raised Bill No. 5417
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years of age. 117
(b) Whenever a child is referred for the commission of any crime of 118
murder, manslaughter in the first degree, or a sexual nature, and such 119
case is not transferred to the regular criminal docket pursuant to section 120
46b-127, the prosecutorial official may request the court to designate the 121
proceeding as a serious sexual offender prosecution. 122
(c) If a prosecutorial official requests that a proceeding be designated 123
as a serious homicide or sexual offender prosecution, the court shall 124
hold a hearing not later than thirty days after the filing of such request 125
unless good cause is shown by the prosecutorial official or by the child 126
as to why the hearing should not be held within such period. If good 127
cause is shown, the hearing shall be held not later than ninety days after 128
the filing of such request. The court shall decide whether to designate 129
the proceeding as a serious homicide or sexual offender prosecution not 130
later than thirty days after the completion of such hearing. The court 131
shall grant the request to designate the proceeding as a serious homicide 132
or sexual offender prosecution if the court finds probable cause to 133
believe the child has committed the felony act charged and the 134
prosecutorial official shows by a preponderance of the evidence that 135
such designation will serve the best interest of the child and public 136
safety. The decision to designate the proceeding as a serious homicide 137
or sexual offender prosecution shall not be a final judgment for 138
purposes of appeal. 139
(d) A proceeding designated as a serious homicide or sexual offender 140
prosecution pursuant to subsection (c) of this section shall be held before 141
the court without a jury provided the child has waived the right to a trial 142
by jury. If a child is convicted of or pleads guilty or nolo contendere to 143
a charge in a proceeding that has been designated as a serious homicide 144
or sexual offender prosecution, the court shall: (1) Sentence the child in 145
accordance with section 46b-140, provided in the case of a conviction or 146
guilty plea in a proceeding that has been designated as a serious 147
homicide or sexual offender prosecution, such sentence may be 148
extended for a period not to exceed sixty months, (2) sentence the child 149 Raised Bill No. 5417
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to a period of special juvenile probation of at least five years, to 150
commence upon the release of the child from the institution, agency or 151
program in whose care the child had been placed, and (3) sentence the 152
child in accordance with section 53a-28 with the execution of such 153
sentence stayed on the condition that the child not violate the conditions 154
of the sentence imposed pursuant to subdivisions (1) and (2) of this 155
subsection or commit a subsequent crime. 156
(e) Whenever [it appears] there is probable cause to believe that a 157
child who has been sentenced pursuant to subsection (d) of this section 158
has violated the conditions of the sentence imposed pursuant to 159
subdivision (2) of said subsection or has committed a subsequent crime, 160
the court may [, without notice, order that the child be immediately] 161
issue a warrant for the arrest of the child for a violation of the conditions 162
of the sentence imposed pursuant to subsection (d) of this section and 163
may order that the child be taken into custody in accordance with the 164
provisions of sections 46b-125 and 53a-32. If such violation of probation 165
or subsequent crime occurs prior to the person attaining eighteen years 166
of age, the matter shall be handled by the superior court for juvenile 167
matters. If such violation of probation or subsequent crime occurs after 168
the person has attained eighteen years of age, the matter shall be 169
handled by the regular criminal docket of the Superior Court. Whenever 170
such matter is handled by the superior court for juvenile matters, the 171
court shall notify the child and such child's parent or guardian and the 172
attorney of record, if any, in writing of the reasons alleged to exist for 173
the lifting of the stay of execution of the sentence imposed pursuant to 174
subdivision (3) of subsection (d) of this section. If the child challenges 175
such reasons, the court shall hold a hearing at which the child shall be 176
entitled to be heard and be represented by counsel. After such hearing, 177
if the court finds that (1) the child has violated the conditions of the 178
sentence imposed pursuant to subdivision (2) of subsection (d) of this 179
section, [or] (2) committed a subsequent crime, or (3) the best interest of 180
the child and the community cannot be served by continued supervision 181
by the juvenile court or in the community, it shall order the child to serve 182
a sentence not to exceed that imposed pursuant to subdivision (3) of 183 Raised Bill No. 5417
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subsection (d) of this section unless it determines there are mitigating 184
circumstances that justify continuing the stay of execution and 185
specifically states such mitigating circumstances in writing for the 186
record. The child shall receive credit against any sentence imposed 187
pursuant to subdivision (3) of subsection (d) of this section for time 188
served in a juvenile facility pursuant to the sentence imposed pursuant 189
to subdivision (1) of said subsection. 190
(f) When a proceeding has been designated as a serious homicide or 191
sexual offender prosecution pursuant to subsection (c) of this section 192
and the child does not waive the right to a trial by jury, the court shall 193
transfer the case from the docket for juvenile matters to the regular 194
criminal docket of the Superior Court. Upon transfer, such child shall 195
stand trial and be sentenced, if convicted, as if such child were eighteen 196
years of age, subject to the provisions of section 54-91g, except that no 197
such child shall be placed in a correctional facility but shall be 198
maintained in a facility for children and youths until such child attains 199
eighteen years of age or until such child is sentenced, whichever occurs 200
first. Such child shall receive credit against any sentence imposed for 201
time served in a juvenile facility prior to the effectuation of the transfer. 202
A child who has been transferred may enter a guilty plea to a lesser 203
offense if the court finds that such plea is made knowingly and 204
voluntarily. Any child transferred to the regular criminal docket who 205
pleads guilty to a lesser offense shall not resume such child's status as a 206
juvenile regarding such offense. If the action is dismissed or nolled or if 207
such child is found not guilty of the charge for which such child was 208
transferred, the child shall resume such child's status as a juvenile until 209
such child attains eighteen years of age. 210
Sec. 3. Subsection (c) of section 29-33 of the general statutes is 211
repealed and the following is substituted in lieu thereof (Effective October 212
1, 2022): 213
(c) No person, firm or corporation shall sell, deliver or otherwise 214
transfer any pistol or revolver except upon written application on a form 215
prescribed and furnished by the Commissioner of Emergency Services 216 Raised Bill No. 5417
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and Public Protection. Such person, firm or corporation shall ensure that 217
all questions on the application are answered properly prior to releasing 218
the pistol or revolver and shall retain the application, which shall be 219
attached to the federal sale or transfer document, for at least twenty 220
years or until such vendor goes out of business. Such application shall 221
be available for inspection during normal business hours by law 222
enforcement officials. No sale, delivery or other transfer of any pistol or 223
revolver shall be made unless the person making the purchase or to 224
whom the same is delivered or transferred is personally known to the 225
person selling such pistol or revolver or making delivery or transfer 226
thereof or provides evidence of his identity in the form of a motor 227
vehicle operator's license, identity card issued pursuant to section 1-1h 228
or valid passport. No sale, delivery or other transfer of any pistol or 229
revolver shall be made until the person, firm or corporation making 230
such transfer obtains an authorization number from the Commissioner 231
of Emergency Services and Public Protection. Said commissioner shall 232
perform the national instant criminal background check and make a 233
reasonable effort to determine whether there is any reason that would 234
prohibit such applicant from possessing a pistol or revolver as provided 235
in section 53a-217c. If the commissioner determines the existence of such 236
a reason, the commissioner shall (1) deny the sale and no pistol or 237
revolver shall be sold, delivered or otherwise transferred by such 238
person, firm or corporation to such applicant, and (2) inform the chief of 239
police of the town in which the applicant resides, or, where there is no 240
chief of police, the warden of the borough or the first selectman of the 241
town, as the case may be, that there exists a reason that would prohibit 242
such applicant from possessing a pistol or revolver. 243
Sec. 4. Subsection (d) of section 29-37a of the general statutes is 244
repealed and the following is substituted in lieu thereof (Effective October 245
1, 2022): 246
(d) No person, firm or corporation may sell, deliver or otherwise 247
transfer, at retail, any long gun to any person unless such person makes 248
application on a form prescribed and furnished by the Commissioner of 249
Emergency Services and Public Protection, which shall be attached by 250 Raised Bill No. 5417
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the transferor to the federal sale or transfer document and filed and 251
retained by the transferor for at least twenty years or until such 252
transferor goes out of business. Such application shall be available for 253
inspection during normal business hours by law enforcement officials. 254
No such sale, delivery or other transfer of any long gun shall be made 255
until the person, firm or corporation making such sale, delivery or 256
transfer has ensured that such application has been completed properly 257
and has obtained an authorization number from the Commissioner of 258
Emergency Services and Public Protection for such sale, delivery or 259
transfer. The Department of Emergency Services and Public Protection 260
shall make every effort, including performing the national instant 261
criminal background check, to determine if the applicant is eligible to 262
receive such long gun. If it is determined that the applicant is ineligible 263
to receive such long gun, the Commissioner of Emergency Services and 264
Public Protection shall immediately notify the (1) person, firm or 265
corporation to whom such application was made and no such long gun 266
shall be sold, delivered or otherwise transferred to such applicant by 267
such person, firm or corporation, and (2) chief of police of the town in 268
which the applicant resides, or, where there is no chief of police, the 269
warden of the borough or the first selectman of the town, as the case 270
may be, that the applicant is not eligible to receive a long gun. When any 271
long gun is delivered in connection with any sale or purchase, such long 272
gun shall be enclosed in a package, the paper or wrapping of which shall 273
be securely fastened, and no such long gun when delivered on any sale 274
or purchase shall be loaded or contain any gunpowder or other 275
explosive or any bullet, ball or shell. Upon the sale, delivery or other 276
transfer of the long gun, the transferee shall sign in triplicate a receipt 277
for such long gun, which shall contain the name, address and date and 278
place of birth of such transferee, the date of such sale, delivery or 279
transfer and the caliber, make, model and manufacturer's number and a 280
general description thereof. Not later than twenty-four hours after such 281
sale, delivery or transfer, the transferor shall send by first class mail or 282
electronically transfer one receipt to the Commissioner of Emergency 283
Services and Public Protection and one receipt to the chief of police or, 284
where there is no chief of police, the warden of the borough or the first 285 Raised Bill No. 5417
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selectman, of the town in which the transferee resides, and shall retain 286
one receipt, together with the original application, for at least five years. 287
Sec. 5. (Effective July 1, 2022) The sum of one million two hundred fifty 288
thousand dollars is appropriated to the Judicial Department from the 289
General Fund, for the fiscal year ending June 30, 2023, for Juvenile 290
Justice Outreach Services for the purpose of expanding REGIONS. 291
Sec. 6. (Effective July 1, 2022) The sum of seven hundred fifty thousand 292
dollars is appropriated to the Judicial Department from the General 293
Fund, for the fiscal year ending June 30, 2023, for Juvenile Alternative 294
Incarceration. 295
Sec. 7. (Effective July 1, 2022) The sum of one million dollars is 296
appropriated to the Department of Emergency Services and Public 297
Protection from the General Fund, for the fiscal year ending June 30, 298
2023, for regional crime reduction strategies. 299
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 46b-133(a) to (e)
Sec. 2 October 1, 2022 46b-133d
Sec. 3 October 1, 2022 29-33(c)
Sec. 4 October 1, 2022 29-37a(d)
Sec. 5 July 1, 2022 New section
Sec. 6 July 1, 2022 New section
Sec. 7 July 1, 2022 New section
Statement of Purpose:
To (1) provide for (A) more immediate arraignment and services for
juvenile offenders, (B) electronic monitoring in certain circumstances,
(C) expansion of provisions imposing upon a child special juvenile
probation in the case of murder or first degree manslaughter, and (D)
expansion of programs serving juveniles and reducing crime, and (2)
require the Commissioner of Emergency Services and Public Protection
to inform the Chief of Police or other appropriate official of the town in
which a firearms permit applicant resides if such applicant fails a
background check. Raised Bill No. 5417
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[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.]