Researcher: JO Page 1 4/29/22
OLR Bill Analysis
sHB 5417 (as amended by House “A”)*
AN ACT CONCERNING JUVENILE JUSTICE AND SERVICES,
FIREARMS BACKGROUND CHECKS, AND LARCENY OF A MOTOR
VEHICLE.
TABLE OF CONTENTS:
SUMMARY
§ 1 — JUVENILE ARRESTS AND DELINQUENCY PROCEDURES
Makes various changes to procedures when a juvenile is arrested following an alleged
delinquent act, such as (1) generally requiring an arrested child to be brought before a
judge within five business days after the arrest; (2) allowing the court to order electronic
monitoring if a child was charged with a second or subsequent motor vehicle or property
theft offense; and (3) in certain circumstances, increasing the maximum period, from six
to eight hours, that a child may be held in a community correctional center or lockup
without a judge’s detention order
§ 2 — SERIOUS HOMICIDE, FIREARM, OR SEXUAL OFFENDER
JUVENILE PROSECUTION
Expands existing law on juvenile serious sexual offender prosecutions to also cover certain
homicide and firearm crimes, and makes various changes affecting these cases, such as
allowing the juvenile portion of the sentence to be extended for up to 60 months
§§ 3 & 4 — NOTICE TO TOWN OF FAILED FIREARM BACKGROUND
CHECK
Requires DESPP to notify the police chief (or if none, the town first selectman or borough
warden) if a resident failed a background check when trying to purchase a firearm
§§ 5, 19 & 20 — ACCESS TO JUVENILE DELINQUENCY RECORDS
Gives municipal employees and agents access to juvenile delinquency records if they are
involved in the proceeding or delivery of related services; specifically requires that law
enforcement officials have electronic access to certain juvenile delinquency records for
criminal investigations; requires CSSD to report by March 1, 2023, on progress made
toward implementing these provisions
§ 6 — TRAINING PROGRAM ON DETENTION ORDER PROCESS
Requires the chief state’s attorney to develop and implement a training program on the
juvenile detention application process for prosecutors and most peace officers
§§ 7 & 21 — DETENTION REQUEST FORMS AND DATA
Requires prosecutors, not just the police, to attach the official court detention form to the
summons when requesting a detention order for a child; requires the form to instruct
judges who decline to order detention to articulate their reasons why; requires prosecutors 2022HB-05417-R01-BA.DOCX
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and the police, not just the judicial branch, to compile and categorize data on detention
order requests
§§ 8-10 & 13-18 — LARCENY OF A MOTOR VEHICLE
Establishes a new penalty structure for larceny of a motor vehicle, with graduated
penalties based on whether it is a first or subsequent offense, rather than based on the
vehicle’s value as under current law
§ 11 — DCF AND CSSD REPORT ON TRANSFER OF JUVENILE
SERVICES
Requires DCF and CSSD to report on the transfer of juvenile delinquency services from
DCF to the judicial branch under PA 18-31
§ 12 — CSSD REPORT ON JUVENILE JUSTICE ISSUES
Requires CSSD to review certain juvenile justice issues, such as the effectiveness of
pretrial diversionary programs, and report on its review to the Judiciary Committee by
December 31, 2022
SUMMARY
This bill makes various changes in juvenile justice-related laws, such
as (1) changing several procedures when a child is arrested for an
alleged delinquent act and (2) expanding an existing law on juvenile
serious sexual offender prosecutions to also cover certain homicide and
firearm crimes.
The bill also (1) establishes a new penalty structure for larceny of a
motor vehicle and (2) requires the Department of Emergency Services
and Public Protection (DESPP) to notify the municipality if a resident
failed a background check when trying to purchase a firearm.
*House Amendment “A” removes provisions in the underlying bill
that would have appropriated $3 million for specified juvenile justice-
related purposes. It raises the penalty for a first or second offense under
the underlying bill’s new crime of larceny of a motor vehicle. It adds
provisions (1) allowing judges who order GPS monitoring under the bill
to order it to stop before the case concludes, (2) specifying which
juvenile delinquency records must be made available electronically to
law enforcement officers, (3) requiring CSSD to report on progress
towards implementing the bill’s provisions on delinquency record
access, and (4) requiring judges who decline to order detention to
indicate their reasons why on the official court form. It also makes minor
and conforming changes. 2022HB-05417-R01-BA.DOCX
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EFFECTIVE DATE: October 1, 2022, except as otherwise noted below.
§ 1 — JUVENILE ARRESTS AND DELINQUENCY PROCEDURES
Makes various changes to procedures when a juvenile is arrested following an alleged
delinquent act, such as (1) generally requiring an arrested child to be brought before a
judge within five business days after the arrest; (2) allowing the court to order electronic
monitoring if a child was charged with a second or subsequent motor vehicle or property
theft offense; and (3) in certain circumstances, increasing the maximum period, from six
to eight hours, that a child may be held in a community correctional center or lockup
without a judge’s detention order
Initial Court Appearance Following Arrest (§ 1(a))
The bill requires a child arrested for a delinquent act to be brought
before a Superior Court judge within five business days after the arrest,
unless required sooner under existing law.
As described below, if a child is detained in a juvenile residential
center after an arrest, existing law requires a court hearing on the next
business day to determine whether to continue the detention.
Assessment for Service Needs (§ 1(b))
Under the bill, if there is probable cause to believe that an arrested
child committed the acts alleged, the court may consider if the child
should be assessed for services. If so, the (1) assessment must occur
within two weeks after the child’s arraignment and (2) child has the
right to counsel during the assessment.
GPS Monitoring (§ 1(c))
The bill allows judges to order electronic monitoring of an arrested
child who is (1) charged with a second or subsequent motor vehicle or
property theft delinquency offense and (2) released into the custody of
his or her parent or guardian (or another suitable person or agency).
This monitoring, through a global positioning system (GPS) device,
continues until the case concludes, or ends earlier upon the court’s
order. If the child fails to comply with the monitoring order, he or she
may be immediately detained.
For this purpose, a motor vehicle delinquency offense includes:
1. operating or using a vehicle, or causing the vehicle to be used or 2022HB-05417-R01-BA.DOCX
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operated, without the owner’s consent;
2. 1st or 2nd degree criminal trover (i.e., wrongful taking that results
in damages) when it involves a motor vehicle; and
3. larceny of a motor vehicle.
Juvenile Detention Decision Before Hearing (§ 1(c))
Existing law sets conditions under which a judge, upon the arresting
officer’s application, may order an arrested child to be placed in a
juvenile residential center. The bill specifies that the arresting officer, if
seeking such a detention order, must use the form prescribed by the
Office of the Chief Court Administrator (see §§ 7 & 21).
The bill eliminates the current condition that the judge, to order this
detention, determine that there is no appropriate less restrictive
alternative available. Instead, the judge must determine that detention
is more reasonable than an appropriate less restrictive alternative.
The bill also requires a judge who declines to order detention to
articulate the reasons why on the detention request form referenced
above.
By law, if the judge issues a detention order, there must be a hearing
on the next business day following the child’s arrest to determine
whether the detention should continue. One condition for this
continued detention is that there is no less restrictive alternative
available. If the detention order is upheld, the child must receive
another hearing at least every seven days to determine whether to
continue the detention (CGS § 46b-133(j)).
Maximum Hold Period Pending a Detention Order (§ 1(e))
Under some circumstances, the bill increases, from six to eight hours,
the maximum period that a child may be held in a community
correctional center or lockup without a judge’s detention order. This
longer period applies if the officer has (1) applied for a detention order
but the judge has not yet ruled on it or (2) been unable to contact the
child’s parent or guardian. 2022HB-05417-R01-BA.DOCX
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§ 2 — SERIOUS HOMICIDE, FIREARM, OR SEXUAL OFFENDER
JUVENILE PROSECUTION
Expands existing law on juvenile serious sexual offender prosecutions to also cover certain
homicide and firearm crimes, and makes various changes affecting these cases, such as
allowing the juvenile portion of the sentence to be extended for up to 60 months
Existing law allows a prosecutor to ask the court to designate a
proceeding as a “serious sexual offender prosecution” when a juvenile
is referred for a sexually related crime and the case is not transferred to
adult court. The sentencing for juveniles convicted under this
designation must include certain components beyond standard
sentencing, including at least five years of “special juvenile probation”
consisting of supervision by a juvenile probation officer until age 18 and
an adult probation officer after that. If the juvenile does not waive the
right to a jury trial, the case must be transferred to adult court where he
or she must stand trial as an adult.
The bill expands this law to include certain homicide or firearm
related crimes and renames the designation as a “serious homicide,
firearm, or sexual offender prosecution.” The bill makes various other
changes affecting these cases, such as (1) allowing the juvenile portion
of the sentence to be extended for up to 60 months and (2) raising the
evidence threshold for the prosecutor to show that this designation
serves the public safety.
Scope (§ 2(b))
Under existing law, a prosecutor can request this case designation for
any crimes of a sexual nature that are adjudicated in juvenile court. The
bill allows prosecutors to also request this designation for the following
crimes adjudicated in juvenile court:
1. murder;
2. 1st degree manslaughter;
3. 2nd degree manslaughter with a firearm;
4. 1st degree assault, if the violation involved a firearm;
5. 2nd degree assault with a firearm; 2022HB-05417-R01-BA.DOCX
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6. 2nd degree assault with a firearm of an elderly, blind, disabled,
or pregnant person or person with intellectual disability;
7. 1st or 2nd degree kidnapping with a firearm;
8. 1st degree burglary, if the violation involved a firearm;
9. 2nd or 3rd degree burglary with a firearm;
10. robbery of an occupied motor vehicle, if the violation involved a
firearm; or
11. stealing a firearm.
Court Hearing on Designation Request (§ 2(c))
Under existing law, after a prosecutor requests this case designation,
the court must hold a hearing to decide whether to grant the request.
Current law requires the court to grant the request if the prosecutor
shows by a preponderance of the evidence that this designation will
serve public safety. The bill (1) raises this evidence threshold to “clear
and convincing” and (2) also requires a court finding of probable cause
that the child committed the crime.
Under existing law, the court’s decision is not immediately
appealable.
Sentencing (§ 2(d))
Under current law, if the juvenile is convicted or pleads guilty, the
court must sentence him or her (1) under the standard juvenile
sentencing provisions, (2) to at least five years of special juvenile
probation beginning on his or her release from placement, and (3) under
the standard adult sentencing provisions with the sentence stayed as
long as the juvenile does not violate the sentencing conditions imposed
or commit another crime. The bill also allows the sentence under the
standard juvenile sentencing provisions to be extended for up to 60
months.
Sentencing Condition Violations or Subsequent Crimes (§ 2(e)) 2022HB-05417-R01-BA.DOCX
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In these cases, current law authorizes the court, without notice, to
order a juvenile to be taken into custody whenever it appears that he or
she violated the conditions of the sentence or committed a new crime.
The bill instead requires probable cause of this violation or crime before
the juvenile may be taken into custody. It also requires the court, if
deciding to order the child into custody, to do so by issuing an arrest
warrant.
Under existing law, if this violation or crime occurred while the
person is still under age 18, it is handled by the juvenile court; otherwise
it is handled by the adult criminal court. If handled by the juvenile court,
that court must notify the child, parent or guardian, and attorney, if any,
of the alleged reasons for lifting the stay on the adult sentence. The
juvenile has the right to a hearing to challenge those reasons.
After the hearing, if the court finds that the juvenile violated the
conditions or committed a new crime, existing law requires the court to
order the juvenile to serve a sentence not exceeding the adult sentence,
unless it finds mitigating circumstances to continue the stay. The bill
also requires the court to order this, unless there are mitigating
circumstances, if it finds by clear and convincing evidence that the
community’s best interest cannot be served by the juvenile’s continued
court supervision or supervision in the community.
Under existing law, the juvenile must receive credit for any time
served in a juvenile facility.
§§ 3 & 4 — NOTICE TO TOWN OF FAILED FIREARM BACKGROUND
CHECK
Requires DESPP to notify the police chief (or if none, the town first selectman or borough
warden) if a resident failed a background check when trying to purchase a firearm
By law, before a handgun sale or transfer, the buyer or transferee
generally must complete a DESPP-prescribed application. As part of this
process, DESPP must conduct a national instant criminal background
check and make a reasonable effort to determine whether there is any
reason to disqualify the person from possessing a handgun. Similar
requirements apply for long gun sales or transfers (for long guns, the
law requires DESPP to make every effort, including conducting the 2022HB-05417-R01-BA.DOCX
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background check, to assess the person’s eligibility to receive the gun).
Under the bill, if DESPP denies the transaction, the commissioner
must notify the municipality that (1) there is a reason that prohibits the
person from possessing a handgun or (2) the person is not eligible to
receive a long gun, as applicable. Specifically, DESPP must notify the
police chief where the person lives, or if none, the town first selectman
or borough warden.
§§ 5, 19 & 20 — ACCESS TO JUVENILE DELINQUENCY RECORDS
Gives municipal employees and agents access to juvenile delinquency records if they are
involved in the proceeding or delivery of related services; specifically requires that law
enforcement officials have electronic access to certain juvenile delinquency records for
criminal investigations; requires CSSD to report by March 1, 2023, on progress made
toward implementing these provisions
The bill gives municipal agency employees, and their authorized
agents, the same access to juvenile delinquency case records as already
applies to state or federal employees or agents. This access extends to
employees or agents involved in the (1) delinquency proceedings, (2)
direct provision of services to the child, or (3) delivery of court
diversionary programs.
By law, law enforcement and prosecutorial officials have access to
juvenile delinquency records for legitimate criminal investigations. The
bill specifies that law enforcement officials conducting such an
investigation may have direct electronic access to the following
information about a child who is being investigated: (1) pending
juvenile delinquency charges and (2) any suspended detention orders
or prior juvenile adjudications during the 90 days before the
investigation started.
The bill also specifies that law enforcement and prosecutorial officials
have access to juvenile delinquency records for investigations as set
forth in these provisions or detention orders.
CSSD Report (§ 20)
The bill requires the CSSD executive director, by March 1, 2023, to
report to the Judiciary Committee on progress made toward
implementing these provisions on access to delinquency records. 2022HB-05417-R01-BA.DOCX
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EFFECTIVE DATE: June 1, 2023, except the CSSD reporting provision
takes effect upon passage.
§ 6 — TRAINING PROGRAM ON DETENTION ORDER PROCESS
Requires the chief state’s attorney to develop and implement a training program on the
juvenile detention application process for prosecutors and most peace officers
The bill requires the chief state’s attorney to develop and implement
a training program on a uniform process to apply for detention orders
for arrested juveniles.
It requires all prosecutorial officials and peace officers, except for
judicial marshals and adult probation officers, to complete the training
program as directed by the chief state’s attorney. The chief state’s
attorney must (1) administer the program to these people, (2) set the
manner and frequency for them to complete the program, and (3)
update the program as necessary.
§§ 7 & 21 — DETENTION REQUEST FORMS AND DATA
Requires prosecutors, not just the police, to attach the official court detention form to the
summons when requesting a detention order for a child; requires the form to instruct
judges who decline to order detention to articulate their reasons why; requires prosecutors
and the police, not just the judicial branch, to compile and categorize data on detention
order requests
Existing law requires law enforcement officers who request a
detention order for an arrested child to attach, along with the summons,
a copy of the completed form to detain prescribed by the Office of the
Chief Court Administrator. The bill extends this requirement to
prosecutorial officials who seek these orders.
Additionally, starting October 1, 2022, the bill requires the form to
instruct judges who decline to detain a child to articulate their reasons
why in writing on the form.
Existing law requires the judicial branch to (1) compile data on law
enforcement officers’ requests for these detention orders, (2) sort the
data by judicial district, and (3) categorize it based on how many
requests were made and denied. The bill extends these requirements to
the Division of Criminal Justice, the State Police, and municipal police
departments. 2022HB-05417-R01-BA.DOCX
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By law, the judicial branch must annually report this data to the
Judiciary Committee.
EFFECTIVE DATE: October 1, 2022, except the provision on the
form’s instruction to judges takes effect upon passage.
§§ 8-10 & 13-18 — LARCENY OF A MOTOR VEHICLE
Establishes a new penalty structure for larceny of a motor vehicle, with graduated
penalties based on whether it is a first or subsequent offense, rather than based on the
vehicle’s value as under current law
The bill sets a new penalty structure for larceny of a motor vehicle. It
provides for graduated penalties based on whether the person has prior
convictions for this crime, rather than based on the vehicle’s value as
under current law. These changes result in a lower penalty for a first
offense than under current law; the penalty for subsequent offenses may
differ from current law, depending on the vehicle’s value.
The bill does so by creating a separate crime of larceny of a motor
vehicle, punishable as follows:
1. a first offense is a class E felony, punishable by up to three years
in prison, a fine of up to $3,500, or both;
2. a second offense is a class D felony, punishable by up to five years
in prison, a fine of up to $5,000, or both; and
3. a subsequent offense is a class B felony, punishable by up to 20
years in prison, a fine of up to $15,000, or both.
Under current law, larceny of a motor vehicle is classified as follows
based on the vehicle’s value:
1. $10,000 or less: 3rd degree larceny, a class D felony;
2. over $10,000 to $20,000: 2nd degree larceny, a class C felony; and
3. over $20,000: 1st degree larceny, a class B felony.
By law, if a person commits robbery of an occupied motor vehicle
knowing that it is occupied, there is a three-year mandatory prison 2022HB-05417-R01-BA.DOCX
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sentence in addition to the sentence for the underlying crime (CGS §
53a-136a).
The bill also makes related technical and conforming changes.
§ 11 — DCF AND CSSD R EPORT ON TRANSFER OF JUVENILE
SERVICES
Requires DCF and CSSD to report on the transfer of juvenile delinquency services from
DCF to the judicial branch under PA 18-31
PA 18-31 transferred, from DCF to the judicial branch, legal authority
over any child who was committed to DCF as delinquent pursuant to a
juvenile court order entered before July 1, 2018.
The bill requires the DCF commissioner and the CSSD executive
director to identify each juvenile delinquency or juvenile justice service
that DCF provided to children at the time of PA 18-31’s passage. They
must determine how DCF transferred these services to CSSD and
identify any services that were merged with other services, eliminated,
or otherwise not transferred.
Under the bill, the commissioner and executive director must report
their findings to the Judiciary Committee by December 31, 2022.
EFFECTIVE DATE: Upon passage
§ 12 — CSSD REPORT ON JUVENILE JUSTICE ISSUES
Requires CSSD to review certain juvenile justice issues, such as the effectiveness of
pretrial diversionary programs, and report on its review to the Judiciary Committee by
December 31, 2022
The bill requires the CSSD executive director, within 30 days after the
bill’s passage, to review the following:
1. juvenile probation officer staffing levels;
2. the name, number, location, and content of juvenile pretrial and
diversionary programs and how effectively they reduce
recidivism; and
3. the availability and efficiency of juvenile job training programs
and juvenile drug treatment programs. 2022HB-05417-R01-BA.DOCX
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By December 31, 2022, the executive director must report to the
Judiciary Committee on this review and any resulting legislative
recommendations.
EFFECTIVE DATE: Upon passage
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 35 Nay 4 (03/29/2022)