Connecticut 2022 Regular Session

Connecticut House Bill HB05418 Compare Versions

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

Old	New	Differences
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7	7	LCO No. 3081 1 of 29
8	8
9	9	General Assembly Raised Bill No. 5418
10	10	February Session, 2022
11	11	LCO No. 3081
12	12
13	13
14	14	Referred to Committee on JUDICIARY
15	15
16	16
17	17	Introduced by:
18	18	(JUD)
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23	23	AN ACT REVISING JUVENILE AND CRIMINAL JUSTICE STATUTES
24	24	AND INSURANCE STATUTES CONCERNING THEFT OF A MOTOR
25	25	VEHICLE.
26	26	Be it enacted by the Senate and House of Representatives in General
27	27	Assembly convened:
28	28
29	29	Section 1. (NEW) (Effective October 1, 2022) (a) The Chief Court 1
30	30	Administrator shall develop, implement and update, as necessary, a 2
31	31	training program on a uniform process for applying for and the issuance 3
32	32	of a detention order pursuant to section 46b-133 of the general statutes, 4
33	33	as amended by this act. The Chief Court Administrator shall administer 5
34	34	such program and any updated program to those persons required to 6
35	35	complete such program pursuant to subsection (b) of this section in a 7
36	36	manner and frequency determined by said administrator. 8
37	37	(b) Each peace officer, as defined in section 53a-3 of the general 9
38	38	statutes and prosecutorial official shall complete the training program 10
39	39	provided in accordance with subsection (a) of this section. 11
40	40	Sec. 2. Section 46b-133p of the 2022 supplement to the general statutes 12
41	41	is repealed and the following is substituted in lieu thereof (Effective 13 Raised Bill No. 5418
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43	43
44	44
45	45	LCO No. 3081 2 of 29
46	46
47	47	October 1, 2022): 14
48	48	(a) Any law enforcement officer or prosecutorial official who sought 15
49	49	a court order to detain a child pursuant to subdivision (3) of subsection 16
50	50	(c) of section 46b-133, as amended by this act, shall attach, along with 17
51	51	the summons, a copy of the completed form to detain that is prescribed 18
52	52	by Office of the Chief Court Administrator. 19
53	53	(b) The Judicial Branch, the Division of Criminal Justice, the Division 20
54	54	of State Police within the Department of Emergency Services and Public 21
55	55	Protection and each municipal police department shall compile data 22
56	56	concerning requests by a law enforcement officer to detain a child 23
57	57	pursuant to subdivision (3) of subsection (c) of section 46b-133, as 24
58	58	amended by this act. The Judicial Branch shall sort such data by judicial 25
59	59	district and categorize such data based on (1) how many such requests 26
60	60	were made, and (2) how many such requests were denied. Not later than 27
61	61	January 15, 2023, and annually thereafter, the Judicial Branch shall, in 28
62	62	accordance with the provisions of section 11-4a, report such data from 29
63	63	the previous calendar year to the joint standing committee of the 30
64	64	General Assembly having cognizance of matters relating to the 31
65	65	judiciary. 32
66	66	Sec. 3. Subsection (b) of section 46b-128 of the general statutes is 33
67	67	repealed and the following is substituted in lieu thereof (Effective October 34
68	68	1, 2022): 35
69	69	(b) Upon the filing of a delinquency petition, the court may, either 36
70	70	forthwith or after investigation, cause a summons, which summons 37
71	71	shall have a copy of said verified petition attached thereto, signed by the 38
72	72	judge or by the clerk or assistant clerk of such court, to be issued, 39
73	73	requiring the child and the parent or parents, guardian or other person 40
74	74	having control of the child to appear in the court in the geographical 41
75	75	area, as defined in section 54-1d, in which the crime was alleged to have 42
76	76	been committed and at a time [and place] therein specified. In the case 43
77	77	of an appearance where the alleged violation involves the commission 44
78	78	of a felony or a class A misdemeanor, an offense for which another 45 Raised Bill No. 5418
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80	80
81	81
82	82	LCO No. 3081 3 of 29
83	83
84	84	person suffers a serious physical injury or loss of life, a sexual assault, a 46
85	85	serious juvenile offense or an offense involving a firearm, such 47
86	86	appearance shall be on the business day next after the service of the 48
87	87	summons and therein specified. Whenever it appears to the judge that 49
88	88	orders addressed to an adult, as set forth in section 46b-121, are 50
89	89	necessary for the welfare of such child, a similar summons shall be 51
90	90	issued and served upon such adult if such adult is not already in court 52
91	91	directing such adult to appear in court at the place and time specified in 53
92	92	the summons issued and served upon such child. Service of summons, 54
93	93	together with a copy of the verified petition, may be made by any one 55
94	94	of the following methods: (1) By the delivery of a true and attested copy 56
95	95	thereof to the person summoned, or at such person's usual place of 57
96	96	abode; (2) by restricted delivery addressed to the person summoned, 58
97	97	return receipt requested; or (3) by first class mail addressed to the 59
98	98	person summoned. Any notice sent by first class mail shall include a 60
99	99	provision informing the party that appearance in court as a result of the 61
100	100	notice may subject the appearing party to the jurisdiction of the court. If 62
101	101	service is made by first class mail and the party does not appear, no 63
102	102	order may be entered by the court in the case. If, after reasonable effort, 64
103	103	personal service has not been made, such substitute service, by 65
104	104	publication or otherwise, as the judge may order, shall be sufficient. 66
105	105	Service may be made by any officer authorized by law to serve process, 67
106	106	or by a probation officer, probation aide or indifferent person, and the 68
107	107	court may allow suitable expenses and a reasonable fee therefor. The 69
108	108	court may punish for contempt, as provided in section 46b-121, any 70
109	109	parent, guardian or other person so summoned who fails to appear in 71
110	110	court at the time and place so specified. 72
111	111	Sec. 4. Section 46b-133 of the 2022 supplement to the general statutes 73
112	112	is repealed and the following is substituted in lieu thereof (Effective 74
113	113	October 1, 2022): 75
114	114	(a) Nothing in this part shall be construed as preventing the arrest of 76
115	115	a child, with or without a warrant, as may be provided by law, or as 77
116	116	preventing the issuance of warrants by judges in the manner provided 78
117	117	by section 54-2a, except that no child shall be taken into custody on such 79 Raised Bill No. 5418
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119	119
120	120
121	121	LCO No. 3081 4 of 29
122	122
123	123	process except on apprehension in the act, or on speedy information, or 80
124	124	in other cases when the use of such process appears imperative. 81
125	125	Whenever a child is arrested and charged with a delinquent act, such 82
126	126	child [may] (1) shall, if arrested for the commission of a felony or a class 83
127	127	A misdemeanor, an offense for which another person suffers a serious 84
128	128	physical injury or loss of life, sexual assault, a serious juvenile offense 85
129	129	or an offense involving the use of a firearm, or if such child is arrested 86
130	130	for the commission of any other delinquent act, may be required to 87
131	131	submit to the taking of [his] such child's photograph, physical 88
132	132	description and fingerprints, and (2) shall be brought before a judge of 89
133	133	the Superior Court no later than the business day next after such arrest. 90
134	134	Notwithstanding the provisions of section 46b-124, as amended by this 91
135	135	act, the name, photograph and custody status of any child arrested for 92
136	136	the commission of a capital felony under the provisions of section 53a-93
137	137	54b in effect prior to April 25, 2012, or class A felony may be disclosed 94
138	138	to the public. 95
139	139	(b) Whenever a child is brought before a judge of the Superior Court, 96
140	140	which court shall be the court that has jurisdiction over juvenile matters 97
141	141	where the child resides if the residence of such child can be determined, 98
142	142	such judge shall immediately have the case proceeded upon as a 99
143	143	juvenile matter. Such judge may admit the child to bail or release the 100
144	144	child in the custody of the child's parent or parents, the child's guardian 101
145	145	or some other suitable person to appear before the Superior Court when 102
146	146	ordered. If detention becomes necessary, such detention shall be in the 103
147	147	manner prescribed by this chapter, provided the child shall be placed in 104
148	148	the least restrictive environment possible in a manner consistent with 105
149	149	public safety. 106
150	150	(c) Upon the arrest of any child by an officer, such officer may (1) 107
151	151	release the child to the custody of the child's parent or parents, guardian 108
152	152	or some other suitable person or agency, (2) at the discretion of the 109
153	153	officer, release the child to the child's own custody, or (3) seek a court 110
154	154	order to detain the child in a juvenile residential center. No child may 111
155	155	be placed in a juvenile residential center unless a judge of the Superior 112
156	156	Court determines, based on the available facts, that (A) [there is 113 Raised Bill No. 5418
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158	158
159	159
160	160	LCO No. 3081 5 of 29
161	161
162	162	probable cause to believe that the child has committed the acts alleged, 114
163	163	(B) there is no appropriate less restrictive alternative available] 115
164	164	detention of the child is more reasonable than a less restrictive 116
165	165	alternative, and [(C)] (B) there is (i) probable cause to believe that the 117
166	166	level of risk that the child poses to public safety if released to the 118
167	167	community prior to the court hearing or disposition cannot be managed 119
168	168	in a less restrictive setting, (ii) a need to hold the child in order to ensure 120
169	169	the child's appearance before the court or compliance with court 121
170	170	process, as demonstrated by the child's previous failure to respond to 122
171	171	the court process, or (iii) a need to hold the child for another jurisdiction. 123
172	172	No child shall be held in any juvenile residential center unless an order 124
173	173	to detain is issued by a judge of the Superior Court. If a judge declines 125
174	174	to detain a child, such judge shall, not later than forty-eight hours after 126
175	175	such declination, articulate the reasons in writing for not holding the 127
176	176	child in a juvenile residential center. 128
177	177	(d) When a child is arrested for the commission of a delinquent act 129
178	178	and the child is not placed in a juvenile residential center or referred to 130
179	179	a diversionary program, an officer shall serve a written complaint and 131
180	180	summons on the child and the child's parent, guardian or some other 132
181	181	suitable person or agency. If such child is released to the child's own 133
182	182	custody, the officer shall make reasonable efforts to notify, and to 134
183	183	provide a copy of a written complaint and summons to, the parent or 135
184	184	guardian or some other suitable person or agency prior to the court date 136
185	185	on the summons. If any person so summoned wilfully fails to appear in 137
186	186	court at the time and place so specified, the court may issue a warrant 138
187	187	for the child's arrest or a capias to assure the appearance in court of such 139
188	188	parent, guardian or other person. If a child wilfully fails to appear in 140
189	189	response to such a summons, the court may order such child taken into 141
190	190	custody and such child may be charged with the delinquent act of wilful 142
191	191	failure to appear under section 46b-120, as amended by this act. The 143
192	192	court may punish for contempt, as provided in section 46b-121, any 144
193	193	parent, guardian or other person so summoned who wilfully fails to 145
194	194	appear in court at the time and place so specified. 146
195	195	(e) When a child is arrested for the commission of a delinquent act 147 Raised Bill No. 5418
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197	197
198	198
199	199	LCO No. 3081 6 of 29
200	200
201	201	and is placed in a juvenile residential center pursuant to subsection (c) 148
202	202	of this section, such child may be detained and immediately assessed for 149
203	203	services, including for mental health interventions, which shall be made 150
204	204	available at the juvenile residential center, pending a hearing [which] 151
205	205	that shall be held on the business day next following the child's arrest. 152
206	206	No child may be detained after such hearing unless the court 153
207	207	determines, based on the available facts, that (1) there is probable cause 154
208	208	to believe that the child has committed the acts alleged, (2) [there is no 155
209	209	less restrictive alternative available] detention of the child is more 156
210	210	reasonable than a less restrictive alternative, and (3) through the use of 157
211	211	the detention risk screening instrument developed pursuant to section 158
212	212	46b-133g, that there is (A) probable cause to believe that the level of risk 159
213	213	the child poses to public safety if released to the community prior to the 160
214	214	court hearing or disposition cannot be managed in a less restrictive 161
215	215	setting; (B) a need to hold the child in order to ensure the child's 162
216	216	appearance before the court or compliance with court process, as 163
217	217	demonstrated by the child's previous failure to respond to the court 164
218	218	process; [,] or (C) a need to hold the child for another jurisdiction. Such 165
219	219	probable cause may be shown by sworn affidavit in lieu of testimony. 166
220	220	No child shall be released from a juvenile residential center who is 167
221	221	alleged to have committed a serious juvenile offense except by order of 168
222	222	a judge of the Superior Court. The court may, in its discretion, consider 169
223	223	as an alternative to detention a suspended detention order with 170
224	224	graduated sanctions to be imposed based on the detention risk 171
225	225	screening for such child, using the instrument developed pursuant to 172
226	226	section 46b-133g. Any child confined in a community correctional center 173
227	227	or lockup shall be held in an area separate and apart from any adult 174
228	228	detainee, except in the case of a nursing infant, and no child shall at any 175
229	229	time be held in solitary confinement or held for a period that exceeds six 176
230	230	hours, except such period may be extended for purposes that include 177
231	231	when a detention order is being sought or actively investigated. When 178
232	232	a female child is held in custody, she shall, as far as possible, be in the 179
233	233	charge of a woman attendant. 180
234	234	(f) The police officer who brings a child into detention shall have first 181 Raised Bill No. 5418
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236	236
237	237
238	238	LCO No. 3081 7 of 29
239	239
240	240	notified, or made a reasonable effort to notify, the parents or guardian 182
241	241	of the child in question of the intended action and shall file at the 183
242	242	juvenile residential center a signed statement setting forth the alleged 184
243	243	delinquent conduct of the child and the order to detain such child. Upon 185
244	244	admission, the child shall be administered the detention risk screening 186
245	245	instrument developed pursuant to section 46b-133g, and unless the 187
246	246	child was arrested for a serious juvenile offense or unless an order not 188
247	247	to release is noted on the take into custody order, arrest warrant or order 189
248	248	to detain, the child may be released to the custody of the child's parent 190
249	249	or parents, guardian or some other suitable person or agency in 191
250	250	accordance with policies adopted by the Court Support Services 192
251	251	Division of the Judicial Department pursuant to section 46b-133h. 193
252	252	(g) In conjunction with any order of release from detention, the court 194
253	253	may, when it has reason to believe a child is alcohol-dependent or drug-195
254	254	dependent as defined in section 46b-120, as amended by this act, and 196
255	255	where necessary, reasonable and appropriate, order the child to 197
256	256	participate in a program of periodic alcohol or drug testing and 198
257	257	treatment as a condition of such release. The results of any such alcohol 199
258	258	or drug test shall be admissible only for the purposes of enforcing the 200
259	259	conditions of release from detention. 201
260	260	(h) The detention supervisor of a juvenile residential center in charge 202
261	261	of intake shall admit only a child who: (1) Is the subject of an order to 203
262	262	detain or an outstanding court order to take such child into custody, (2) 204
263	263	is ordered by a court to be held in detention, or (3) is being transferred 205
264	264	to such center to await a court appearance. 206
265	265	(i) Whenever a child is subject to a court order to take such child into 207
266	266	custody, or other process issued pursuant to this section or section 46b-208
267	267	140a, the Judicial Branch may cause the order or process to be entered 209
268	268	into a central computer system in accordance with policies and 210
269	269	procedures established by the Chief Court Administrator. The existence 211
270	270	of the order or process in the computer system shall constitute prima 212
271	271	facie evidence of the issuance of the order or process. Any child named 213
272	272	in the order or process may be arrested or taken into custody based on 214 Raised Bill No. 5418
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274	274
275	275
276	276	LCO No. 3081 8 of 29
277	277
278	278	the existence of the order or process in the computer system and, if the 215
279	279	order or process directs that such child be detained, the child shall be 216
280	280	held in a juvenile residential center. 217
281	281	(j) In the case of any child held in detention, the order to detain such 218
282	282	child shall be for a period that does not exceed seven days or until the 219
283	283	dispositional hearing is held, whichever is shorter, unless, following a 220
284	284	detention review hearing, such order is renewed for a period that does 221
285	285	not exceed seven days or until the dispositional hearing is held, 222
286	286	whichever is shorter. 223
287	287	(k) For purposes of subsections (c) and (e) of this section, a child may 224
288	288	be determined to pose a risk to public safety if such child has previously 225
289	289	been adjudicated as delinquent for or convicted of or pled guilty or nolo 226
290	290	contendere to two or more felony offenses, has had two or more prior 227
291	291	dispositions of probation and is charged with commission of a larceny 228
292	292	under subdivision (3) of subsection (a) of section 53a-122, as amended 229
293	293	by this act, or subdivision (1) of subsection (a) of section 53a-123, as 230
294	294	amended by this act, or subdivision (1) of subsection (a) of section 53a-231
295	295	124, as amended by this act. 232
296	296	Sec. 5. Section 46b-124 of the 2022 supplement to the general statutes 233
297	297	is amended by adding subsection (o) as follows (Effective October 1, 234
298	298	2022): 235
299	299	(NEW) (o) Records of cases of juvenile matters involving delinquency 236
300	300	proceedings, or any part thereof, may be disclosed by and exchanged 237
301	301	between any municipal police department, the Division of State Police 238
302	302	within the Division of Emergency Services and Public Protection, the 239
303	303	Division of Criminal Justice, the Division of Public Defender Services 240
304	304	and the Judicial Branch for the purpose of informing a decision whether 241
305	305	to seek, support, oppose or grant a post-arrest detention order of a child. 242
306	306	Records disclosed pursuant to this subsection shall not be further 243
307	307	disclosed. 244
308	308	Sec. 6. (NEW) (Effective October 1, 2022) The court shall order any 245
309	309	child, as defined in section 46b-120 of the general statutes, as amended 246 Raised Bill No. 5418
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311	311
312	312
313	313	LCO No. 3081 9 of 29
314	314
315	315	by this act, who is released into the custody of his or her parent or 247
316	316	guardian after being charged with a delinquency offense for which such 248
317	317	child is not yet adjudicated as delinquent, who during the pendency of 249
318	318	such case, is charged with a subsequent offense involving violence or 250
319	319	for which the child has previously been adjudicated delinquent to be 251
320	320	electronically monitored by using a global positioning system device 252
321	321	until each such case is disposed of. 253
322	322	Sec. 7. Section 46b-127 of the 2022 supplement to the general statutes 254
323	323	is repealed and the following is substituted in lieu thereof (Effective 255
324	324	October 1, 2022): 256
325	325	(a) (1) The court shall automatically transfer from the docket for 257
326	326	juvenile matters to the regular criminal docket of the Superior Court the 258
327	327	case of any child charged with the commission of a capital felony under 259
328	328	the provisions of section 53a-54b in effect prior to April 25, 2012, a 260
329	329	serious juvenile offense, a class A felony, or a class B felony, except as 261
330	330	provided in subdivision (3) of this subsection, or a violation of section 262
331	331	53a-54d, provided such offense was committed after such child attained 263
332	332	the age of fifteen years, or thirteen years if charged with the commission 264
333	333	of a class A felony or class B felony that constitutes murder, violent 265
334	334	sexual assault or violent crime involving a firearm, and counsel has been 266
335	335	appointed for such child if such child is indigent. Such counsel may 267
336	336	appear with the child but shall not be permitted to make any argument 268
337	337	or file any motion in opposition to the transfer. The child shall be 269
338	338	arraigned in the regular criminal docket of the Superior Court at the next 270
339	339	court date following such transfer, provided any proceedings held prior 271
340	340	to the finalization of such transfer shall be private and shall be 272
341	341	conducted in such parts of the courthouse or the building in which the 273
342	342	court is located that are separate and apart from the other parts of the 274
343	343	court which are then being used for proceedings pertaining to adults 275
344	344	charged with crimes. 276
345	345	(2) A state's attorney may, at any time after such arraignment, file a 277
346	346	motion to transfer the case of any child charged with the commission of 278
347	347	a class B felony or a violation of subdivision (2) of subsection (a) of 279 Raised Bill No. 5418
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349	349
350	350
351	351	LCO No. 3081 10 of 29
352	352
353	353	section 53a-70 to the docket for juvenile matters for proceedings in 280
354	354	accordance with the provisions of this chapter. 281
355	355	(3) No case of any child charged with the commission of a violation 282
356	356	of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of subsection 283
357	357	(a) of section 53a-101, section 53a-112, 53a-122, as amended by this act, 284
358	358	or 53a-129b, subdivision (1), (3) or (4) of subsection (a) of section 53a-285
359	359	134, section 53a-196c, 53a-196d or 53a-252 or subsection (a) of section 286
360	360	53a-301 shall be transferred from the docket for juvenile matters to the 287
361	361	regular criminal docket of the Superior Court, except as provided in this 288
362	362	subdivision. Upon motion of a prosecutorial official, the superior court 289
363	363	for juvenile matters shall conduct a hearing to determine whether the 290
364	364	case of any child charged with the commission of any such offense shall 291
365	365	be transferred from the docket for juvenile matters to the regular 292
366	366	criminal docket of the Superior Court. The court shall not order that the 293
367	367	case be transferred under this subdivision unless the court finds that (A) 294
368	368	such offense was committed after such child attained the age of fifteen 295
369	369	years, (B) there is probable cause to believe the child has committed the 296
370	370	act for which the child is charged, and (C) the best interests of the child 297
371	371	[and] or the public will not be served by maintaining the case in the 298
372	372	superior court for juvenile matters. In making such findings, the court 299
373	373	shall consider (i) any prior criminal or juvenile offenses committed by 300
374	374	the child, (ii) the seriousness of such offenses, (iii) any evidence that the 301
375	375	child has intellectual disability or mental illness, and (iv) the availability 302
376	376	of services in the docket for juvenile matters that can serve the child's 303
377	377	needs. Any motion under this subdivision shall be made, and any 304
378	378	hearing under this subdivision shall be held, not later than thirty days 305
379	379	after the child is arraigned in the superior court for juvenile matters. 306
380	380	(b) Upon motion of a prosecutorial official, the superior court for 307
381	381	juvenile matters shall conduct a hearing to determine whether the case 308
382	382	of any child charged with the commission of a class C, D or E felony or 309
383	383	an unclassified felony shall be transferred from the docket for juvenile 310
384	384	matters to the regular criminal docket of the Superior Court. The court 311
385	385	shall not order that the case be transferred under this subdivision unless 312
386	386	the court finds that (1) such offense was committed after such child 313 Raised Bill No. 5418
387	387
388	388
389	389
390	390	LCO No. 3081 11 of 29
391	391
392	392	attained the age of fifteen years, (2) there is probable cause to believe the 314
393	393	child has committed the act for which the child is charged, and (3) the 315
394	394	best interests of the child [and] or the public will not be served by 316
395	395	maintaining the case in the superior court for juvenile matters. In 317
396	396	making such findings, the court shall consider (A) any prior criminal or 318
397	397	juvenile offenses committed by the child, (B) the seriousness of such 319
398	398	offenses, (C) any evidence that the child has intellectual disability or 320
399	399	mental illness, and (D) the availability of services in the docket for 321
400	400	juvenile matters that can serve the child's needs. Any motion under this 322
401	401	subdivision shall be made, and any hearing under this subdivision shall 323
402	402	be held, not later than thirty days after the child is arraigned in the 324
403	403	superior court for juvenile matters. 325
404	404	(c) (1) (A) Any proceeding of any case transferred to the regular 326
405	405	criminal docket pursuant to this section shall be (i) private, except that 327
406	406	any victim and the victim's next of kin shall not be excluded from such 328
407	407	proceeding, and (ii) conducted in such parts of the courthouse or the 329
408	408	building in which the court is located that are separate and apart from 330
409	409	the other parts of the court which are then being used for proceedings 331
410	410	pertaining to adults charged with crimes. Any records of such 332
411	411	proceedings shall be confidential in the same manner as records of cases 333
412	412	of juvenile matters are confidential in accordance with the provisions of 334
413	413	section 46b-124, as amended by this act, except as provided in 335
414	414	subparagraph (B) of this subdivision, unless and until the court or jury 336
415	415	renders a verdict or a guilty plea is entered in such case on the regular 337
416	416	criminal docket. For the purposes of this subparagraph, (I) "victim" 338
417	417	means the victim of the crime, a parent or guardian of such person, the 339
418	418	legal representative of such person, or a victim advocate for such person 340
419	419	under section 54-220, or a person designated by a victim in accordance 341
420	420	with section 1-56r, and (II) "next of kin" means a spouse, an adult child, 342
421	421	a parent, an adult sibling, an aunt, an uncle or a grandparent. 343
422	422	(B) Records of any child whose case is transferred to the regular 344
423	423	criminal docket under this section, or any part of such records, shall be 345
424	424	available to the victim of the crime committed by the child to the same 346
425	425	extent as the records of the case of a defendant in a criminal proceeding 347 Raised Bill No. 5418
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427	427
428	428
429	429	LCO No. 3081 12 of 29
430	430
431	431	in the regular criminal docket of the Superior Court is available to a 348
432	432	victim of the crime committed by such defendant. The court shall 349
433	433	designate an official from whom the victim may request such records. 350
434	434	Records disclosed pursuant to this subparagraph shall not be further 351
435	435	disclosed. 352
436	436	(2) If a case is transferred to the regular criminal docket pursuant to 353
437	437	subdivision (3) of subsection (a) of this section or subsection (b) of this 354
438	438	section, or if a case is transferred to the regular criminal docket pursuant 355
439	439	to subdivision (1) of subsection (a) of this section and the charge in such 356
440	440	case is subsequently reduced to that of the commission of an offense for 357
441	441	which a case may be transferred pursuant to subdivision (2) or (3) of 358
442	442	subsection (a) of this section or subsection (b) of this section, the court 359
443	443	sitting for the regular criminal docket may return the case to the docket 360
444	444	for juvenile matters at any time prior to the court or jury rendering a 361
445	445	verdict or the entry of a guilty plea for good cause shown for 362
446	446	proceedings in accordance with the provisions of this chapter. 363
447	447	(d) Upon the effectuation of the transfer, such child shall stand trial 364
448	448	and be sentenced, if convicted, as if such child were eighteen years of 365
449	449	age, subject to the provisions of subsection (c) of this section and section 366
450	450	54-91g. Such child shall receive credit against any sentence imposed for 367
451	451	time served in a juvenile facility prior to the effectuation of the transfer. 368
452	452	A child who has been transferred may enter a guilty plea to a lesser 369
453	453	offense if the court finds that such plea is made knowingly and 370
454	454	voluntarily. Any child transferred to the regular criminal docket who 371
455	455	pleads guilty to a lesser offense shall not resume such child's status as a 372
456	456	juvenile regarding such offense. If the action is dismissed or nolled or if 373
457	457	such child is found not guilty of the charge for which such child was 374
458	458	transferred or of any lesser included offenses, the child shall resume 375
459	459	such child's status as a juvenile until such child attains the age of 376
460	460	eighteen years. 377
461	461	(e) Any child whose case is transferred to the regular criminal docket 378
462	462	of the Superior Court who is detained pursuant to such case shall be in 379
463	463	the custody of the Commissioner of Correction upon the finalization of 380 Raised Bill No. 5418
464	464
465	465
466	466
467	467	LCO No. 3081 13 of 29
468	468
469	469	such transfer. A transfer shall be final (1) upon the arraignment on the 381
470	470	regular criminal docket until a motion filed by the state's attorney 382
471	471	pursuant to subsection (a) of this section is granted by the court, or (2) 383
472	472	upon the arraignment on the regular criminal docket of a transfer 384
473	473	ordered pursuant to subsection (b) of this section until the court sitting 385
474	474	for the regular criminal docket orders the case returned to the docket for 386
475	475	juvenile matters for good cause shown. Any child whose case is 387
476	476	returned to the docket for juvenile matters who is detained pursuant to 388
477	477	such case shall be in the custody of the Judicial Department. 389
478	478	(f) The transfer of a child to a Department of Correction facility shall 390
479	479	be limited as provided in subsection (e) of this section and said 391
480	480	subsection shall not be construed to permit the transfer of or otherwise 392
481	481	reduce or eliminate any other population of juveniles in detention or 393
482	482	confinement within the Judicial Department. 394
483	483	(g) Upon the motion of any party or upon the court's own motion, the 395
484	484	case of any youth age sixteen or seventeen, except a case that has been 396
485	485	transferred to the regular criminal docket of the Superior Court 397
486	486	pursuant to subsection (a) or (b) of this section, which is pending on the 398
487	487	youthful offender docket, regular criminal docket of the Superior Court 399
488	488	or any docket for the presentment of defendants in motor vehicle 400
489	489	matters, where the youth is charged with committing any offense or 401
490	490	violation for which a term of imprisonment may be imposed, other than 402
491	491	a violation of section 14-227a, 14-227g or 14-227m or subdivision (1) or 403
492	492	(2) of subsection (a) of section 14-227n, may, before trial or before the 404
493	493	entry of a guilty plea, be transferred to the docket for juvenile matters if 405
494	494	(1) the youth is alleged to have committed such offense or violation on 406
495	495	or after January 1, 2010, while sixteen years of age, or is alleged to have 407
496	496	committed such offense or violation on or after July 1, 2012, while 408
497	497	seventeen years of age, and (2) after a hearing considering the facts and 409
498	498	circumstances of the case and the prior history of the youth, the court 410
499	499	determines that the programs and services available pursuant to a 411
500	500	proceeding in the superior court for juvenile matters would more 412
501	501	appropriately address the needs of the youth and that the youth and the 413
502	502	community would be better served by treating the youth as a 414 Raised Bill No. 5418
503	503
504	504
505	505
506	506	LCO No. 3081 14 of 29
507	507
508	508	delinquent. Upon ordering such transfer, the court shall vacate any 415
509	509	pleas entered in the matter and advise the youth of the youth's rights, 416
510	510	and the youth shall (A) enter pleas on the docket for juvenile matters in 417
511	511	the jurisdiction where the youth resides, and (B) be subject to 418
512	512	prosecution as a delinquent child. The decision of the court concerning 419
513	513	the transfer of a youth's case from the youthful offender docket, regular 420
514	514	criminal docket of the Superior Court or any docket for the presentment 421
515	515	of defendants in motor vehicle matters shall not be a final judgment for 422
516	516	purposes of appeal. 423
517	517	Sec. 8. Subsection (a) of section 54-76c of the general statutes is 424
518	518	repealed and the following is substituted in lieu thereof (Effective October 425
519	519	1, 2022): 426
520	520	(a) In any case where an information or complaint has been laid 427
521	521	charging a defendant with the commission of a crime, and where it 428
522	522	appears that the defendant is a youth, such defendant shall be presumed 429
523	523	to be eligible to be adjudged a youthful offender and the court having 430
524	524	jurisdiction shall, but only as to the public, order the court file sealed, 431
525	525	unless such defendant (1) is charged with the commission of a crime 432
526	526	which is a class A felony or a violation of section 53a-70b of the general 433
527	527	statutes, revision of 1958, revised to January 1, 2019, or section 14-222a, 434
528	528	subsection (a) or subdivision (1) of subsection (b) of section 14-224, 435
529	529	section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection 436
530	530	(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 437
531	531	or section 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b, except a violation 438
532	532	involving consensual sexual intercourse or sexual contact between the 439
533	533	youth and another person who is thirteen years of age or older but 440
534	534	under sixteen years of age, or (2) has been previously convicted of a 441
535	535	felony in the regular criminal docket of the Superior Court. [or been 442
536	536	previously adjudged a serious juvenile offender or serious juvenile 443
537	537	repeat offender, as defined in section 46b-120.] Except as provided in 444
538	538	subsection (b) of this section, upon motion of the prosecuting official, 445
539	539	the court may order that an investigation be made of such defendant 446
540	540	under section 54-76d, for the purpose of determining whether such 447
541	541	defendant is ineligible to be adjudged a youthful offender, provided the 448 Raised Bill No. 5418
542	542
543	543
544	544
545	545	LCO No. 3081 15 of 29
546	546
547	547	court file shall remain sealed, but only as to the public, during such 449
548	548	investigation. 450
549	549	Sec. 9. (Effective from passage) (a) The Commissioner of Children and 451
550	550	Families and the executive director of the Court Support Services 452
551	551	Division of the Judicial Branch shall identify each juvenile delinquency 453
552	552	or justice service provided to children by the Department of Children 454
553	553	and Families at the time of the passage of public act 18-31. Said 455
554	554	commissioner and executive director shall determine how such services 456
555	555	were transferred from the department to the Court Support Services 457
556	556	Division and identify any services that were merged into other services, 458
557	557	eliminated or otherwise not transferred. 459
558	558	(b) Said commissioner and executive director shall report, not later 460
559	559	than December 31, 2022, in accordance with the provisions of section 11-461
560	560	4a of the general statutes, their findings pursuant to the provisions of 462
561	561	subsection (a) of this section, to the joint standing committee of the 463
562	562	General Assembly having cognizance of matters relating to the 464
563	563	judiciary. 465
564	564	Sec. 10. (Effective from passage) (a) There is established a committee to 466
565	565	evaluate and assess all programs within the criminal justice system in 467
566	566	this state for juvenile and adult offenders. 468
567	567	(b) The committee shall consist of the following members: 469
568	568	(1) The Chief Court Administrator, or the Chief Court 470
569	569	Administrator's designee who shall be an employee of the Judicial 471
570	570	Branch; 472
571	571	(2) A judge of the superior court for juvenile matters, appointed by 473
572	572	the Chief Justice; 474
573	573	(3) The executive director of the Court Support Services Division of 475
574	574	the Judicial Branch, or the executive director's designee who shall be an 476
575	575	employee of the Judicial Branch; 477
576	576	(4) The executive director of the Superior Court Operations Division, 478 Raised Bill No. 5418
577	577
578	578
579	579
580	580	LCO No. 3081 16 of 29
581	581
582	582	or the executive director's designee who shall be an employee of the 479
583	583	Judicial Branch; 480
584	584	(5) The Chief Public Defender, or the Chief Public Defender's 481
585	585	designee who shall be an employee of the Division of Public Defender 482
586	586	Services; 483
587	587	(6) The Chief State's Attorney, or the Chief State's Attorney's designee 484
588	588	who shall be an employee of the Division of Criminal Justice; 485
589	589	(7) The Commissioner of Children and Families, or the 486
590	590	commissioner's designee who shall be an employee of the Department 487
591	591	of Children and Families; 488
592	592	(8) The Commissioner of Correction, or the commissioner's designee 489
593	593	who shall be an employee of the Department of Correction; 490
594	594	(9) The Commissioner of Mental Health and Addiction Services, or 491
595	595	the commissioner's designee who shall be an employee of the 492
596	596	Department of Mental Health and Addiction Services; 493
597	597	(10) The chief of police of a municipality with a population of less 494
598	598	than one hundred thousand, designated by the president of the 495
599	599	Connecticut Police Chiefs Association; 496
600	600	(11) The chief of police of a municipality with a population equal to 497
601	601	or in excess of one hundred thousand, designated by the president of 498
602	602	the Connecticut Police Chiefs Association; 499
603	603	(12) The Victim Advocate, or the Victim Advocate's designee who 500
604	604	shall be an employee of the Office of the Victim Advocate; 501
605	605	(13) The Child Advocate, or the Child Advocate's designee who shall 502
606	606	be an employee of the Office of the Child Advocate; and 503
607	607	(14) The chairpersons and the ranking members of the joint standing 504
608	608	committee of the General Assembly having cognizance of matters 505
609	609	relating to the judiciary, or their designees. 506 Raised Bill No. 5418
610	610
611	611
612	612
613	613	LCO No. 3081 17 of 29
614	614
615	615	(c) Any vacancy shall be filled by the designating authority. 507
616	616	(d) The chairpersons and the ranking members of the joint standing 508
617	617	committee of the General Assembly having cognizance of matters 509
618	618	relating to the judiciary, or their designees, shall be cochairpersons of 510
619	619	the committee established pursuant to this section. 511
620	620	(e) Not later than January 1, 2023, the committee shall report, in 512
621	621	accordance with the provisions of section 11-4a of the general statutes, 513
622	622	to the joint standing committees of the General Assembly having 514
623	623	cognizance of matters relating to the judiciary regarding any statutory 515
624	624	changes concerning the juvenile justice system or the adult criminal 516
625	625	justice system that the committee recommends following a full 517
626	626	evaluation and assessment of all programs and services offered as part 518
627	627	of such systems. The committee shall terminate on the date that it 519
628	628	submits such report or January 1, 2023, whichever is later. 520
629	629	Sec. 11. Section 53a-122 of the general statutes is repealed and the 521
630	630	following is substituted in lieu thereof (Effective October 1, 2022): 522
631	631	(a) A person is guilty of larceny in the first degree when he commits 523
632	632	larceny, as defined in section 53a-119, and: (1) The property or service, 524
633	633	regardless of its nature and value, is obtained by extortion, (2) the value 525
634	634	of the property or service exceeds twenty thousand dollars, [(3) the 526
635	635	property consists of a motor vehicle, the value of which exceeds twenty 527
636	636	thousand dollars,] or [(4)] (3) the property is obtained by defrauding a 528
637	637	public community, and the value of such property exceeds two 529
638	638	thousand dollars. 530
639	639	[(b) For purposes of this section, "motor vehicle" means any motor 531
640	640	vehicle, construction equipment, agricultural tractor or farm implement 532
641	641	or major component part of any of the above. In any prosecution under 533
642	642	subdivision (3) of subsection (a) of this section, evidence of (1) forcible 534
643	643	entry, (2) forcible removal of ignition, or (3) alteration, mutilation or 535
644	644	removal of a vehicle identification number shall be prima facie evidence 536
645	645	(A) that the person in control or possession of such motor vehicle knows 537
646	646	or should have known that such motor vehicle is stolen, and (B) that 538 Raised Bill No. 5418
647	647
648	648
649	649
650	650	LCO No. 3081 18 of 29
651	651
652	652	such person possesses such motor vehicle with larcenous intent.] 539
653	653	[(c)] (b) Larceny in the first degree is a class B felony. 540
654	654	Sec. 12. Section 53a-123 of the general statutes is repealed and the 541
655	655	following is substituted in lieu thereof (Effective October 1, 2022): 542
656	656	(a) A person is guilty of larceny in the second degree when he 543
657	657	commits larceny, as defined in section 53a-119, and: (1) The [property 544
658	658	consists of a motor vehicle, the value of which exceeds ten thousand 545
659	659	dollars, (2) the] value of the property or service exceeds ten thousand 546
660	660	dollars, [(3)] (2) the property, regardless of its nature or value, is taken 547
661	661	from the person of another, [(4)] (3) the property is obtained by 548
662	662	defrauding a public community, and the value of such property is two 549
663	663	thousand dollars or less, [(5)] (4) the property, regardless of its nature or 550
664	664	value, is obtained by embezzlement, false pretenses or false promise and 551
665	665	the victim of such larceny is sixty years of age or older, or is a conserved 552
666	666	person, as defined in section 45a-644, or is blind or physically disabled, 553
667	667	as defined in section 1-1f, or [(6)] (5) the property, regardless of its value, 554
668	668	consists of wire, cable or other equipment used in the provision of 555
669	669	telecommunications service and the taking of such property causes an 556
670	670	interruption in the provision of emergency telecommunications service. 557
671	671	[(b) For purposes of this section, "motor vehicle" means any motor 558
672	672	vehicle, construction equipment, agricultural tractor or farm implement 559
673	673	or major component part of any of the above. In any prosecution under 560
674	674	subdivision (1) of subsection (a) of this section, evidence of (1) forcible 561
675	675	entry, (2) forcible removal of ignition, or (3) alteration, mutilation or 562
676	676	removal of a vehicle identification number shall be prima facie evidence 563
677	677	(A) that the person in control or possession of such motor vehicle knows 564
678	678	or should have known that such motor vehicle is stolen, and (B) that 565
679	679	such person possesses such motor vehicle with larcenous intent.] 566
680	680	[(c)] (b) Larceny in the second degree is a class C felony. 567
681	681	Sec. 13. Section 53a-124 of the general statutes is repealed and the 568
682	682	following is substituted in lieu thereof (Effective October 1, 2022): 569 Raised Bill No. 5418
683	683
684	684
685	685
686	686	LCO No. 3081 19 of 29
687	687
688	688	(a) A person is guilty of larceny in the third degree when he commits 570
689	689	larceny, as defined in section 53a-119, and: (1) The [property consists of 571
690	690	a motor vehicle, the value of which is ten thousand dollars or less; (2) 572
691	691	the] value of the property or service exceeds two thousand dollars; [(3)] 573
692	692	(2) the property consists of a public record, writing or instrument kept, 574
693	693	held or deposited according to law with or in the keeping of any public 575
694	694	office or public servant; or [(4)] (3) the property consists of a sample, 576
695	695	culture, microorganism, specimen, record, recording, document, 577
696	696	drawing or any other article, material, device or substance which 578
697	697	constitutes, represents, evidences, reflects or records a secret scientific 579
698	698	or technical process, invention or formula or any phase or part thereof. 580
699	699	A process, invention or formula is "secret" when it is not, and is not 581
700	700	intended to be, available to anyone other than the owner thereof or 582
701	701	selected persons having access thereto for limited purposes with his 583
702	702	consent, and when it accords or may accord the owner an advantage 584
703	703	over competitors or other persons who do not have knowledge or the 585
704	704	benefit thereof. 586
705	705	[(b) For purposes of this section, "motor vehicle" means any motor 587
706	706	vehicle, construction equipment, agricultural tractor or farm implement 588
707	707	or major component part of any of the above. In any prosecution under 589
708	708	subdivision (1) of subsection (a) of this section, evidence of (1) forcible 590
709	709	entry, (2) forcible removal of ignition, or (3) alteration, mutilation or 591
710	710	removal of a vehicle identification number shall be prima facie evidence 592
711	711	(A) that the person in control or possession of such motor vehicle knows 593
712	712	or should have known that such motor vehicle is stolen, and (B) that 594
713	713	such person possesses such motor vehicle with larcenous intent.] 595
714	714	[(c)] (b) Larceny in the third degree is a class D felony. 596
715	715	Sec. 14. (NEW) (Effective October 1, 2022) (a) A person is guilty of 597
716	716	larceny of a motor vehicle when such person commits larceny, as 598
717	717	defined in section 53a-119 of the general statutes, and the property 599
718	718	consists of a motor vehicle. 600
719	719	(b) For purposes of this section, "motor vehicle" means any motor 601 Raised Bill No. 5418
720	720
721	721
722	722
723	723	LCO No. 3081 20 of 29
724	724
725	725	vehicle, construction equipment, agricultural tractor or farm implement 602
726	726	or major component part of any of the above. In any prosecution under 603
727	727	subsection (a) of this section, evidence of (1) forcible entry, (2) forcible 604
728	728	removal of ignition, or (3) alteration, mutilation or removal of a vehicle 605
729	729	identification number shall be prima facie evidence that (A) the person 606
730	730	in control or possession of such motor vehicle knows or should have 607
731	731	known that such motor vehicle is stolen, and (B) such person possesses 608
732	732	such motor vehicle with larcenous intent. 609
733	733	(c) Larceny of a motor vehicle is a class A misdemeanor for a first 610
734	734	offense and a class B felony for any subsequent offense. 611
735	735	Sec. 15. Subdivision (8) of section 46b-120 of the 2022 supplement to 612
736	736	the general statutes is repealed and the following is substituted in lieu 613
737	737	thereof (Effective October 1, 2022): 614
738	738	(8) "Serious juvenile offense" means (A) the violation of, including 615
739	739	attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 616
740	740	29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53-617
741	741	202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 618
742	742	53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, 619
743	743	inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-620
744	744	100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, 621
745	745	subdivision (1) of subsection (a) of section 53a-122, as amended by this 622
746	746	act, subdivision (3) of subsection (a) of section 53a-123, as amended by 623
747	747	this act, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of 624
748	748	section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-625
749	749	217b, [or] (B) absconding, escaping or running away, without just cause, 626
750	750	from any secure residential facility in which the child has been placed 627
751	751	by the court as a delinquent child, or (C) a second or subsequent 628
752	752	violation of, including attempt or conspiracy to violate, section 13 of this 629
753	753	act; 630
754	754	Sec. 16. (Effective from passage) (a) Not later than thirty days after the 631
755	755	effective date of this section, the executive director of the Court Support 632
756	756	Services Division of the Judicial Branch shall review the (1) staffing 633 Raised Bill No. 5418
757	757
758	758
759	759
760	760	LCO No. 3081 21 of 29
761	761
762	762	levels of the juvenile probation officers, (2) name, number and location 634
763	763	of juvenile pretrial and diversionary programs, the content of such 635
764	764	programs and their efficacy of reducing recidivism, and (3) availability 636
765	765	and efficiency of juvenile job training programs and juvenile drug 637
766	766	treatment programs. 638
767	767	(b) Not later than January 1, 2023, the executive director of the Court 639
768	768	Support Services Division of the Judicial Branch shall report, in 640
769	769	accordance with the provisions of section 11-4a of the general statutes, 641
770	770	on the review conducted pursuant to subsection (a) of this section and 642
771	771	any resulting recommendations for legislation to the joint standing 643
772	772	committee of the General Assembly having cognizance of matters 644
773	773	relating to the judiciary. 645
774	774	Sec. 17. (Effective from passage) (a) Not later than thirty days after the 646
775	775	effective date of this section, the Chief Court Administrator, executive 647
776	776	director of the Court Support Services Division of the Judicial Branch, 648
777	777	Chief State's Attorney and Chief Public Defender or their designees shall 649
778	778	study the use of victim impact panels in juvenile delinquency 650
779	779	proceedings that result in loss of life, serious physical injury, violent 651
780	780	sexual assaults, second or subsequent offenses of larceny of a motor 652
781	781	vehicle, or offenses involving a firearm. 653
782	782	(b) Not later than January 1, 2023, the executive director of the Court 654
783	783	Support Services Division of the Judicial Branch or the executive 655
784	784	director's designee shall report, in accordance with the provisions of 656
785	785	section 11-4a of the general statutes, the results of the study conducted 657
786	786	pursuant to subsection (a) of this section and any resulting 658
787	787	recommendations for legislation to the joint standing committee of the 659
788	788	General Assembly having cognizance of matters relating to the 660
789	789	judiciary. 661
790	790	Sec. 18. Section 38a-358 of the 2022 supplement to the general statutes, 662
791	791	as amended by section 27 of public act 21-32, is repealed and the 663
792	792	following is substituted in lieu thereof (Effective January 1, 2023): 664
793	793	The declination, cancellation or nonrenewal of a policy for private 665 Raised Bill No. 5418
794	794
795	795
796	796
797	797	LCO No. 3081 22 of 29
798	798
799	799	passenger nonfleet automobile insurance is prohibited if the declination, 666
800	800	cancellation or nonrenewal is based: (1) On the race, religion, nationality 667
801	801	or ethnicity of the applicant or named insured; (2) solely on the lawful 668
802	802	occupation or profession of the applicant or named insured, except that 669
803	803	this provision shall not apply to any insurer which limits its market to 670
804	804	one lawful occupation or profession or to several related lawful 671
805	805	occupations or professions; (3) on the principal location of the insured 672
806	806	motor vehicle unless such decision is for a business purpose which is 673
807	807	not a mere pretext for unfair discrimination; (4) solely on the age, sex, 674
808	808	gender identity or expression, marital status or erased criminal history 675
809	809	record information, as defined in section 46a-80a, of an applicant or an 676
810	810	insured, except that this subdivision shall not apply to an insurer in an 677
811	811	insurer group if one or more other insurers in the group would not 678
812	812	decline an application for essentially similar coverage based upon such 679
813	813	reasons; (5) on the fact that the applicant or named insured previously 680
814	814	obtained insurance coverage through a residual market; (6) on the fact 681
815	815	that another insurer previously declined to insure the applicant or 682
816	816	terminated an existing policy in which the applicant was the named 683
817	817	insured; (7) on the first or second accident within the current experience 684
818	818	period in relation to which the applicant or insured was not convicted 685
819	819	of a moving traffic violation and was not at fault; [or] (8) solely on 686
820	820	information contained in an insured's or applicant's credit history or 687
821	821	credit rating or solely on an applicant's lack of credit history; or (9) on 688
822	822	an applicant's or insured's experience of any motor vehicle loss due to 689
823	823	theft or larceny, except an insurer may terminate, and shall not be 690
824	824	required to renew, coverage for any stolen insured motor vehicle 691
825	825	following closure of a total loss claim for such motor vehicle. For the 692
826	826	purposes of subdivision (8) of this section, an insurer shall not be 693
827	827	deemed to have declined, cancelled or nonrenewed a policy if coverage 694
828	828	is available through an affiliated insurer. 695
829	829	Sec. 19. Subsection (b) of section 10-10e of the general statutes is 696
830	830	repealed and the following is substituted in lieu thereof (Effective from 697
831	831	passage): 698
832	832	(b) Not later than February 1, 2019, the Commissioner of Education 699 Raised Bill No. 5418
833	833
834	834
835	835
836	836	LCO No. 3081 23 of 29
837	837
838	838	shall provide information on progress made towards the development 700
839	839	and implementation of the plan required under subsection (a) of this 701
840	840	section to the joint standing committee of the General Assembly having 702
841	841	cognizance of matters relating to education, in accordance with the 703
842	842	provisions of section 11-4a. [, and to the Juvenile Justice Policy and 704
843	843	Oversight Committee established pursuant to section 46b-121n.] 705
844	844	Sec. 20. Subsection (a) of section 10-95t of the general statutes is 706
845	845	repealed and the following is substituted in lieu thereof (Effective from 707
846	846	passage): 708
847	847	(a) Not later than January 1, 2019, the board of the technical high 709
848	848	school system and the superintendent of the technical high school 710
849	849	system shall develop and submit a plan to address vocational, technical 711
850	850	and technological education, training and work experience for children 712
851	851	in post-conviction justice system custody. The plan shall provide that 713
852	852	the education, training and work experience provided shall, at a 714
853	853	minimum, ensure that each such child has the opportunity to earn at 715
854	854	least one credit to meet high school graduation requirements under 716
855	855	section 10-221a. The plan may be incorporated into the biennial report 717
856	856	required under section 10-95k, and shall be separately submitted to the 718
857	857	joint standing committee of the General Assembly having cognizance of 719
858	858	matters relating to education in accordance with the provisions of 720
859	859	section 11-4a. [and to the Juvenile Justice Policy and Oversight 721
860	860	Committee established pursuant to section 46b-121n.] 722
861	861	Sec. 21. Subsection (b) of section 10-222q of the general statutes is 723
862	862	repealed and the following is substituted in lieu thereof (Effective from 724
863	863	passage): 725
864	864	(b) The collaborative shall consist of the following members: 726
865	865	(1) Five appointed by the speaker of the House of Representatives, 727
866	866	[one of whom is a member of the Juvenile Justice Policy and Oversight 728
867	867	Committee, established pursuant to section 46b-121n; one] two of whom 729
868	868	is a representative of the Connecticut Association of Boards of 730
869	869	Education; one of whom is a school administrator with experience in 731 Raised Bill No. 5418
870	870
871	871
872	872
873	873	LCO No. 3081 24 of 29
874	874
875	875	district-level, equity-focused and cross-disciplinary social and 732
876	876	emotional learning; one of whom is a representative of an organization 733
877	877	that provides free or reduced-cost legal services; and one of whom is a 734
878	878	representative of Connecticut Parent Power; 735
879	879	(2) Five appointed by the president pro tempore of the Senate, one of 736
880	880	whom is a representative of the Connecticut Association of Schools; one 737
881	881	of whom is a representative of the Connecticut Association of School 738
882	882	Administrators; one of whom is a representative of the Social Emotional 739
883	883	Learning Alliance for Connecticut; one of whom is a representative of 740
884	884	the Connecticut School Counselor Association; and one of whom is a 741
885	885	representative of the Connecticut Association of Public School 742
886	886	Superintendents; 743
887	887	(3) Three appointed by the majority leader of the House of 744
888	888	Representatives, one of whom is a representative of Special Education 745
889	889	Equity for Kids of Connecticut; one of whom is a representative of the 746
890	890	Connecticut Parent Advocacy Center; and one of whom is a 747
891	891	representative of African Caribbean American Parents of Children with 748
892	892	Disabilities, Inc.; 749
893	893	(4) Three appointed by the majority leader of the Senate, one of whom 750
894	894	is a representative of the Center for Children's Advocacy; one of whom 751
895	895	is a representative of the Yale Center for Emotional Intelligence; and one 752
896	896	of whom is a representative of the Neag School of Education at The 753
897	897	University of Connecticut; 754
898	898	(5) Three appointed by the minority leader of the House of 755
899	899	Representatives, one of whom is a representative of the American 756
900	900	Federation of Teachers-Connecticut; one of whom is a representative of 757
901	901	the Center for Social and Emotional Learning at Central Connecticut 758
902	902	State University; and one of whom is a representative of the Connecticut 759
903	903	Parent Teacher Association; 760
904	904	(6) Three appointed by the minority leader of the Senate, one of 761
905	905	whom is a representative of the Connecticut Education Association; one 762
906	906	of whom is a representative of the National Alliance on Mental Illness, 763 Raised Bill No. 5418
907	907
908	908
909	909
910	910	LCO No. 3081 25 of 29
911	911
912	912	Connecticut; and one of whom is a representative of the Youth Suicide 764
913	913	Advisory Board established pursuant to section 17a-52; 765
914	914	(7) The Commissioner of Education, or the commissioner's designee; 766
915	915	(8) The chairpersons and ranking members of the joint standing 767
916	916	committees of the General Assembly having cognizance of matters 768
917	917	relating to children and education; 769
918	918	(9) The Child Advocate, or the Child Advocate's designee; and 770
919	919	(10) The executive director of the Commission on Women, Children, 771
920	920	Seniors, Equity and Opportunity, or the executive director's designee. 772
921	921	Sec. 22. Subsection (b) of section 17a-3b of the 2022 supplement to the 773
922	922	general statutes is repealed and the following is substituted in lieu 774
923	923	thereof (Effective from passage): 775
924	924	(b) The commissioner, or his or her designee, shall: 776
925	925	(1) Have the power to employ and dismiss staff and, as a board of 777
926	926	education would in accordance with the applicable provisions of section 778
927	927	10-151, such teachers as are necessary to carry out the intent of this 779
928	928	section and to pay their salaries, or to contract with local or regional 780
929	929	boards of education or educational service providers for the purpose of 781
930	930	providing educational services to children being served by the unit; 782
931	931	(2) Develop and review quarterly reports [, which shall be available 783
932	932	to the Juvenile Justice Policy and Oversight Committee established 784
933	933	pursuant to section 46b-121n,] on academic performance, school 785
934	934	discipline, attendance and other similar issues concerning students 786
935	935	educated by the unit; 787
936	936	(3) Have the power to contract with providers of educational services 788
937	937	for compilation, at least semiannually, of performance data to ensure 789
938	938	that reporting measures are tailored to experiences of students in short 790
939	939	and long-term placements in juvenile justice facilities; 791 Raised Bill No. 5418
940	940
941	941
942	942
943	943	LCO No. 3081 26 of 29
944	944
945	945	(4) Require providers of educational services to develop partnerships 792
946	946	and programs with local educational agencies, private educational 793
947	947	providers and local industries and businesses; 794
948	948	[(5) Report student performance data, attendance and rates of 795
949	949	participation for all education programs and document transition 796
950	950	activities and outcomes and collaborations with community service 797
951	951	providers and parents to the Juvenile Justice Policy and Oversight 798
952	952	Committee established pursuant to section 46b-121n;] 799
953	953	[(6)] (5) (A) Ensure that students have access to earn credits toward 800
954	954	high school graduation and have access to arts and career and technical 801
955	955	education courses, state-wide and college preparatory testing, and (B) 802
956	956	provide alternative options for high school equivalency certificates for 803
957	957	students who are twenty years of age or older with insufficient credits 804
958	958	to meet graduation requirements pursuant to section 10-221a; and 805
959	959	[(7)] (6) Enable students to have access to web-based content 806
960	960	including credit recovery programs to allow students to earn a credit for 807
961	961	a course he or she did not satisfactorily complete. 808
962	962	Sec. 23. Section 46b-121s of the general statutes is repealed and the 809
963	963	following is substituted in lieu thereof (Effective from passage): 810
964	964	There shall be a community-based diversion system. [developed 811
965	965	pursuant to subsection (k) of section 46b-121n.] 812
966	966	Sec. 24. Section 46b-133k of the general statutes is repealed and the 813
967	967	following is substituted in lieu thereof (Effective from passage): 814
968	968	(a) Not later than July 1, 2020, the Commissioner of Correction and 815
969	969	the executive director of the Court Support Services Division of the 816
970	970	Judicial Department, in consultation with the Commissioner of Children 817
971	971	and Families, shall develop a policy of best practices in juvenile 818
972	972	detention centers and correctional facilities where persons ages 819
973	973	seventeen years and under are detained. Such practices shall address: 820
974	974	(1) Suicidal and self-harming behaviors, including the development 821 Raised Bill No. 5418
975	975
976	976
977	977
978	978	LCO No. 3081 27 of 29
979	979
980	980	of a screening tool designed to determine which detained persons are at 822
981	981	risk for suicidal and self-harming behaviors; 823
982	982	(2) Negative impacts of solitary confinement; 824
983	983	(3) Harmful effects of using chemical agents and prone restraints on 825
984	984	detained persons, including limiting and documenting the use of such 826
985	985	chemical agents and limiting the use of prone restraints on such persons; 827
986	986	and 828
987	987	(4) Programming and services for such detained persons, including 829
988	988	implementing behavior intervention plans for such persons whose 830
989	989	behavior interferes with the safety or rehabilitation of other detained 831
990	990	persons and providing trauma-responsive rehabilitative, pro-social and 832
991	991	clinical services embedded into such person's schedule. 833
992	992	(b) The policy of best practices developed under subsection (a) of this 834
993	993	section shall provide developmentally healthy and appropriate 835
994	994	activities and recreational opportunities for such detained persons and 836
995	995	their family members during visitation periods that are designed to 837
996	996	strengthen family bonds and minimize trauma of separation. Such 838
997	997	visitations shall include contact visits, unless such visit creates a risk of 839
998	998	a harm to any person. 840
999	999	(c) Not later than July 1, 2021, the Commissioner of Correction and 841
1000	1000	the executive director of the Court Support Services Division of the 842
1001	1001	Judicial Department shall fully implement the policy of best practices 843
1002	1002	developed under subsection (a) of this section in juvenile detention 844
1003	1003	centers and correctional facilities where persons ages seventeen years 845
1004	1004	and under are detained that are operated or overseen by said 846
1005	1005	commissioner or executive director. 847
1006	1006	[(d) The Commissioner of Correction and the executive director of the 848
1007	1007	Court Support Services Division of the Judicial Department shall report 849
1008	1008	to the Juvenile Justice Policy and Oversight Committee established 850
1009	1009	under section 46b-121n annually, not later than January fifteenth for the 851
1010	1010	previous calendar year on the following: 852 Raised Bill No. 5418
1011	1011
1012	1012
1013	1013
1014	1014	LCO No. 3081 28 of 29
1015	1015
1016	1016	(1) Suicidal and self-harming behaviors exhibited by persons 853
1017	1017	detained in juvenile detention centers and correctional facilities where 854
1018	1018	persons ages seventeen years and under are detained under said 855
1019	1019	commissioner's or executive director's control or oversight; 856
1020	1020	(2) Uses of force against and the imposition of physical isolation of 857
1021	1021	persons detained in juvenile detention centers and correctional facilities 858
1022	1022	where persons ages seventeen years and under are detained under said 859
1023	1023	commissioner's or executive director's control or oversight; and 860
1024	1024	(3) Any educational or mental health concerns for persons detained 861
1025	1025	in juvenile detention centers and correctional facilities where persons 862
1026	1026	ages seventeen years and under are detained under said commissioner's 863
1027	1027	or executive director's control or oversight.] 864
1028	1028	Sec. 25. Sections 46b-121n and 46b-133l of the general statutes are 865
1029	1029	repealed. (Effective from passage) 866
1030	1030	This act shall take effect as follows and shall amend the following
1031	1031	sections:
1032	1032
1033	1033	Section 1 October 1, 2022 New section
1034	1034	Sec. 2 October 1, 2022 46b-133p
1035	1035	Sec. 3 October 1, 2022 46b-128(b)
1036	1036	Sec. 4 October 1, 2022 46b-133
1037	1037	Sec. 5 October 1, 2022 46b-124
1038	1038	Sec. 6 October 1, 2022 New section
1039	1039	Sec. 7 October 1, 2022 46b-127
1040	1040	Sec. 8 October 1, 2022 54-76c(a)
1041	1041	Sec. 9 from passage New section
1042	1042	Sec. 10 from passage New section
1043	1043	Sec. 11 October 1, 2022 53a-122
1044	1044	Sec. 12 October 1, 2022 53a-123
1045	1045	Sec. 13 October 1, 2022 53a-124
1046	1046	Sec. 14 October 1, 2022 New section
1047	1047	Sec. 15 October 1, 2022 46b-120(8)
1048	1048	Sec. 16 from passage New section
1049	1049	Sec. 17 from passage New section
1050	1050	Sec. 18 January 1, 2023 38a-358 Raised Bill No. 5418
1051	1051
1052	1052
1053	1053
1054	1054	LCO No. 3081 29 of 29
1055	1055
1056	1056	Sec. 19 from passage 10-10e(b)
1057	1057	Sec. 20 from passage 10-95t(a)
1058	1058	Sec. 21 from passage 10-222q(b)
1059	1059	Sec. 22 from passage 17a-3b(b)
1060	1060	Sec. 23 from passage 46b-121s
1061	1061	Sec. 24 from passage 46b-133k
1062	1062	Sec. 25 from passage Repealer section
1063	1063
1064	1064	Statement of Purpose:
1065	1065	To (1) amend various juvenile and criminal justice statutes to provide
1066	1066	for (A) next day summons for certain alleged offenses, and appearances
1067	1067	for all juveniles in the geographical area court in which the alleged
1068	1068	offense occurred, (B) earlier assessment for services to juveniles and
1069	1069	articulation of reasons when a judge declines to detain a child, (C)
1070	1070	increase flexibility when determining whether to detain a child, (D)
1071	1071	increase the sharing of information concerning juvenile cases by law
1072	1072	enforcement agencies, (E) allow for global positioning monitoring of
1073	1073	juveniles under certain circumstances, (F) allow for automatic transfer
1074	1074	to regular criminal docket for thirteen and fourteen-year-olds if charged
1075	1075	with certain violent crimes, (G) establish a committee to evaluate the
1076	1076	criminal justice system for juveniles and adults and eliminate the
1077	1077	Juvenile Justice Policy and Oversight Committee, (H) exclude certain
1078	1078	crimes from automatic erasure provisions, and (I) establish a distinct
1079	1079	crime for motor vehicle theft, and (2) provide that no insurer shall
1080	1080	decline, cancel or refuse to renew a private passenger nonfleet
1081	1081	automobile insurance policy based on an applicant's or insured's
1082	1082	experience of any motor vehicle loss due to theft or larceny.
1083	1083	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1084	1084	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1085	1085	underlined.]
1086	1086