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is repealed and the following is substituted in lieu thereof (Effective 13 Raised Bill No. 5418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