Connecticut 2022 Regular Session

Connecticut Senate Bill SB00365 Compare Versions

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

Old	New	Differences
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6	6	LCO No. 2774 1 of 18
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8	8	General Assembly Raised Bill No. 365
9	9	February Session, 2022
10	10	LCO No. 2774
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12	12
13	13	Referred to Committee on JUDICIARY
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15	15
16	16	Introduced by:
17	17	(JUD)
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22	22	AN ACT CONCERNING JUVENILE AND CRIMINAL JUSTICE
23	23	REFORMS.
24	24	Be it enacted by the Senate and House of Representatives in General
25	25	Assembly convened:
26	26
27	27	Section 1. (NEW) (Effective October 1, 2022) (a) The Chief Court 1
28	28	Administrator shall develop, implement and update, as necessary, a 2
29	29	training program on a uniform process for applying for and the issuance 3
30	30	of a detention order pursuant to section 46b-133 of the general statutes, 4
31	31	as amended by this act. The Chief Court Administrator shall administer 5
32	32	such program and any updated program to those persons required to 6
33	33	complete such program pursuant to subsection (b) of this section in a 7
34	34	manner and frequency determined by said administrator. 8
35	35	(b) Each peace officer, as defined in section 53a-3 of the general 9
36	36	statutes, prosecutorial official and any judge who may preside over a 10
37	37	case from the docket for juvenile matters or the regular criminal docket 11
38	38	of the Superior Court shall complete the training program provided in 12
39	39	accordance with subsection (a) of this section. 13
40	40	Sec. 2. Section 46b-133p of the 2022 supplement to the general statutes 14
41	41	is repealed and the following is substituted in lieu thereof (Effective 15 Raised Bill No. 365
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43	43
44	44
45	45	LCO No. 2774 2 of 18
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47	47	October 1, 2022): 16
48	48	(a) Any law enforcement officer or prosecutorial official who sought 17
49	49	a court order to detain a child pursuant to subdivision (3) of subsection 18
50	50	(c) of section 46b-133, as amended by this act, shall attach, along with 19
51	51	the summons, a copy of the completed form to detain that is prescribed 20
52	52	by Office of the Chief Court Administrator. 21
53	53	(b) The Judicial Branch, the Division of Criminal Justice, the Division 22
54	54	of State Police within the Department of Emergency Services and Public 23
55	55	Protection and each municipal police department shall compile data 24
56	56	concerning requests by a law enforcement officer to detain a child 25
57	57	pursuant to subdivision (3) of subsection (c) of section 46b-133, as 26
58	58	amended by this act. The Judicial Branch shall sort such data by judicial 27
59	59	district and categorize such data based on (1) how many such requests 28
60	60	were made, and (2) how many such requests were denied. Not later than 29
61	61	January 15, 2023, and annually thereafter, the Judicial Branch shall, in 30
62	62	accordance with the provisions of section 11-4a, report such data from 31
63	63	the previous calendar year to the joint standing committee of the 32
64	64	General Assembly having cognizance of matters relating to the 33
65	65	judiciary. 34
66	66	Sec. 3. Subsection (b) of section 46b-128 of the general statutes is 35
67	67	repealed and the following is substituted in lieu thereof (Effective October 36
68	68	1, 2022): 37
69	69	(b) Upon the filing of a delinquency petition, the court may, either 38
70	70	forthwith or after investigation, cause a summons, which summons 39
71	71	shall have a copy of said verified petition attached thereto, signed by the 40
72	72	judge or by the clerk or assistant clerk of such court, to be issued, 41
73	73	requiring the child and the parent or parents, guardian or other person 42
74	74	having control of the child to appear in court at the place and time [and 43
75	75	place] that shall be on the business day next after the service of the 44
76	76	summons and therein specified. Whenever it appears to the judge that 45
77	77	orders addressed to an adult, as set forth in section 46b-121, are 46
78	78	necessary for the welfare of such child, a similar summons shall be 47 Raised Bill No. 365
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80	80
81	81
82	82	LCO No. 2774 3 of 18
83	83
84	84	issued and served upon such adult if such adult is not already in court 48
85	85	directing such adult to appear in court at the place and time that shall 49
86	86	be on the business day next after the service of the summons and therein 50
87	87	specified. Service of summons, together with a copy of the verified 51
88	88	petition, may be made by any one of the following methods: (1) By the 52
89	89	delivery of a true and attested copy thereof to the person summoned, or 53
90	90	at such person's usual place of abode; (2) by restricted delivery 54
91	91	addressed to the person summoned, return receipt requested; or (3) by 55
92	92	first class mail addressed to the person summoned. Any notice sent by 56
93	93	first class mail shall include a provision informing the party that 57
94	94	appearance in court as a result of the notice may subject the appearing 58
95	95	party to the jurisdiction of the court. If service is made by first class mail 59
96	96	and the party does not appear, no order may be entered by the court in 60
97	97	the case. If, after reasonable effort, personal service has not been made, 61
98	98	such substitute service, by publication or otherwise, as the judge may 62
99	99	order, shall be sufficient. Service may be made by any officer authorized 63
100	100	by law to serve process, or by a probation officer, probation aide or 64
101	101	indifferent person, and the court may allow suitable expenses and a 65
102	102	reasonable fee therefor. The court may punish for contempt, as provided 66
103	103	in section 46b-121, any parent, guardian or other person so summoned 67
104	104	who fails to appear in court at the time and place so specified. 68
105	105	Sec. 4. Section 46b-133 of the 2022 supplement to the general statutes 69
106	106	is repealed and the following is substituted in lieu thereof (Effective 70
107	107	October 1, 2022): 71
108	108	(a) Nothing in this part shall be construed as preventing the arrest of 72
109	109	a child, with or without a warrant, as may be provided by law, or as 73
110	110	preventing the issuance of warrants by judges in the manner provided 74
111	111	by section 54-2a, except that no child shall be taken into custody on such 75
112	112	process except on apprehension in the act, or on speedy information, or 76
113	113	in other cases when the use of such process appears imperative. 77
114	114	Whenever a child is arrested and charged with a delinquent act, such 78
115	115	child [may] (1) shall, if arrested for the commission of a felony or a class 79
116	116	A misdemeanor, an offense for which another person suffers a serious 80
117	117	physical injury or loss of life, sexual assault, a serious juvenile offense 81 Raised Bill No. 365
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119	119
120	120
121	121	LCO No. 2774 4 of 18
122	122
123	123	or an offense involving the use of a firearm, or if such child is arrested 82
124	124	for the commission of any other delinquent act, may be required to 83
125	125	submit to the taking of [his] such child's photograph, physical 84
126	126	description and fingerprints, and (2) shall be brought before a judge of 85
127	127	the Superior Court no later than the business day next after such arrest. 86
128	128	Notwithstanding the provisions of section 46b-124, as amended by this 87
129	129	act, the name, photograph and custody status of any child arrested for 88
130	130	the commission of a capital felony under the provisions of section 53a-89
131	131	54b in effect prior to April 25, 2012, or class A felony may be disclosed 90
132	132	to the public. 91
133	133	(b) Whenever a child is brought before a judge of the Superior Court, 92
134	134	which court shall be the court that has jurisdiction over juvenile matters 93
135	135	where the child resides if the residence of such child can be determined, 94
136	136	such judge shall immediately have the case proceeded upon as a 95
137	137	juvenile matter. Such judge may admit the child to bail or release the 96
138	138	child in the custody of the child's parent or parents, the child's guardian 97
139	139	or some other suitable person to appear before the Superior Court when 98
140	140	ordered. If detention becomes necessary, such detention shall be in the 99
141	141	manner prescribed by this chapter, provided the child shall be placed in 100
142	142	the least restrictive environment possible in a manner consistent with 101
143	143	public safety. 102
144	144	(c) Upon the arrest of any child by an officer, such officer may (1) 103
145	145	release the child to the custody of the child's parent or parents, guardian 104
146	146	or some other suitable person or agency, (2) at the discretion of the 105
147	147	officer, release the child to the child's own custody, or (3) seek a court 106
148	148	order to detain the child in a juvenile residential center. No child may 107
149	149	be placed in a juvenile residential center unless a judge of the Superior 108
150	150	Court determines, based on the available facts, that (A) there is probable 109
151	151	cause to believe that the child has committed the acts alleged, (B) there 110
152	152	is no appropriate less restrictive alternative available, and (C) there is (i) 111
153	153	probable cause to believe that the level of risk that the child poses to 112
154	154	public safety if released to the community prior to the court hearing or 113
155	155	disposition cannot be managed in a less restrictive setting, (ii) a need to 114
156	156	hold the child in order to ensure the child's appearance before the court 115 Raised Bill No. 365
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158	158
159	159
160	160	LCO No. 2774 5 of 18
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162	162	or compliance with court process, as demonstrated by the child's 116
163	163	previous failure to respond to the court process, or (iii) a need to hold 117
164	164	the child for another jurisdiction. No child shall be held in any juvenile 118
165	165	residential center unless an order to detain is issued by a judge of the 119
166	166	Superior Court. If a judge declines to detain a child, such judge shall 120
167	167	articulate the reasons in writing for not holding the child in a juvenile 121
168	168	residential center. 122
169	169	(d) When a child is arrested for the commission of a delinquent act 123
170	170	and the child is not placed in a juvenile residential center or referred to 124
171	171	a diversionary program, an officer shall serve a written complaint and 125
172	172	summons on the child and the child's parent, guardian or some other 126
173	173	suitable person or agency. If such child is released to the child's own 127
174	174	custody, the officer shall make reasonable efforts to notify, and to 128
175	175	provide a copy of a written complaint and summons to, the parent or 129
176	176	guardian or some other suitable person or agency prior to the court date 130
177	177	on the summons. If any person so summoned wilfully fails to appear in 131
178	178	court at the time and place so specified, the court may issue a warrant 132
179	179	for the child's arrest or a capias to assure the appearance in court of such 133
180	180	parent, guardian or other person. If a child wilfully fails to appear in 134
181	181	response to such a summons, the court may order such child taken into 135
182	182	custody and such child may be charged with the delinquent act of wilful 136
183	183	failure to appear under section 46b-120. The court may punish for 137
184	184	contempt, as provided in section 46b-121, any parent, guardian or other 138
185	185	person so summoned who wilfully fails to appear in court at the time 139
186	186	and place so specified. 140
187	187	(e) When a child is arrested for the commission of a delinquent act 141
188	188	and is placed in a juvenile residential center pursuant to subsection (c) 142
189	189	of this section, such child may be detained and immediately assessed for 143
190	190	services, including for mental health interventions, which shall be made 144
191	191	available at the juvenile residential center, pending a hearing [which] 145
192	192	that shall be held on the business day next following the child's arrest. 146
193	193	No child may be detained after such hearing unless the court 147
194	194	determines, based on the available facts, that (1) there is probable cause 148
195	195	to believe that the child has committed the acts alleged, (2) [there is no 149 Raised Bill No. 365
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197	197
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199	199	LCO No. 2774 6 of 18
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201	201	less restrictive alternative available] detention of the child is more 150
202	202	reasonable than a less restrictive alternative, and (3) through the use of 151
203	203	the detention risk screening instrument developed pursuant to section 152
204	204	46b-133g, that there is (A) probable cause to believe that the level of risk 153
205	205	the child poses to public safety if released to the community prior to the 154
206	206	court hearing or disposition cannot be managed in a less restrictive 155
207	207	setting; (B) a need to hold the child in order to ensure the child's 156
208	208	appearance before the court or compliance with court process, as 157
209	209	demonstrated by the child's previous failure to respond to the court 158
210	210	process; [,] or (C) a need to hold the child for another jurisdiction. Such 159
211	211	probable cause may be shown by sworn affidavit in lieu of testimony. 160
212	212	No child shall be released from a juvenile residential center who is 161
213	213	alleged to have committed a serious juvenile offense except by order of 162
214	214	a judge of the Superior Court. The court may, in its discretion, consider 163
215	215	as an alternative to detention a suspended detention order with 164
216	216	graduated sanctions to be imposed based on the detention risk 165
217	217	screening for such child, using the instrument developed pursuant to 166
218	218	section 46b-133g. Any child confined in a community correctional center 167
219	219	or lockup shall be held in an area separate and apart from any adult 168
220	220	detainee, except in the case of a nursing infant, and no child shall at any 169
221	221	time be held in solitary confinement or held for a period that exceeds six 170
222	222	hours, except such period may be extended for purposes that include 171
223	223	when a detention order is being sought. When a female child is held in 172
224	224	custody, she shall, as far as possible, be in the charge of a woman 173
225	225	attendant. 174
226	226	(f) The police officer who brings a child into detention shall have first 175
227	227	notified, or made a reasonable effort to notify, the parents or guardian 176
228	228	of the child in question of the intended action and shall file at the 177
229	229	juvenile residential center a signed statement setting forth the alleged 178
230	230	delinquent conduct of the child and the order to detain such child. Upon 179
231	231	admission, the child shall be administered the detention risk screening 180
232	232	instrument developed pursuant to section 46b-133g, and unless the 181
233	233	child was arrested for a serious juvenile offense or unless an order not 182
234	234	to release is noted on the take into custody order, arrest warrant or order 183 Raised Bill No. 365
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236	236
237	237
238	238	LCO No. 2774 7 of 18
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240	240	to detain, the child may be released to the custody of the child's parent 184
241	241	or parents, guardian or some other suitable person or agency in 185
242	242	accordance with policies adopted by the Court Support Services 186
243	243	Division of the Judicial Department pursuant to section 46b-133h. 187
244	244	(g) In conjunction with any order of release from detention, the court 188
245	245	may, when it has reason to believe a child is alcohol-dependent or drug-189
246	246	dependent as defined in section 46b-120, and where necessary, 190
247	247	reasonable and appropriate, order the child to participate in a program 191
248	248	of periodic alcohol or drug testing and treatment as a condition of such 192
249	249	release. The results of any such alcohol or drug test shall be admissible 193
250	250	only for the purposes of enforcing the conditions of release from 194
251	251	detention. 195
252	252	(h) The detention supervisor of a juvenile residential center in charge 196
253	253	of intake shall admit only a child who: (1) Is the subject of an order to 197
254	254	detain or an outstanding court order to take such child into custody, (2) 198
255	255	is ordered by a court to be held in detention, or (3) is being transferred 199
256	256	to such center to await a court appearance. 200
257	257	(i) Whenever a child is subject to a court order to take such child into 201
258	258	custody, or other process issued pursuant to this section or section 46b-202
259	259	140a, the Judicial Branch may cause the order or process to be entered 203
260	260	into a central computer system in accordance with policies and 204
261	261	procedures established by the Chief Court Administrator. The existence 205
262	262	of the order or process in the computer system shall constitute prima 206
263	263	facie evidence of the issuance of the order or process. Any child named 207
264	264	in the order or process may be arrested or taken into custody based on 208
265	265	the existence of the order or process in the computer system and, if the 209
266	266	order or process directs that such child be detained, the child shall be 210
267	267	held in a juvenile residential center. 211
268	268	(j) In the case of any child held in detention, the order to detain such 212
269	269	child shall be for a period that does not exceed seven days or until the 213
270	270	dispositional hearing is held, whichever is shorter, unless, following a 214
271	271	detention review hearing, such order is renewed for a period that does 215 Raised Bill No. 365
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273	273
274	274
275	275	LCO No. 2774 8 of 18
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277	277	not exceed seven days or until the dispositional hearing is held, 216
278	278	whichever is shorter. 217
279	279	(k) For purposes of subsections (c) and (e) of this section, a child may 218
280	280	be determined to pose a risk to public safety if such child has previously 219
281	281	been adjudicated as delinquent for or convicted of or pled guilty or nolo 220
282	282	contendere to two or more felony offenses, has had two or more prior 221
283	283	dispositions of probation and is charged with commission of a larceny 222
284	284	under subdivision (3) of subsection (a) of section 53a-122 or subdivision 223
285	285	(1) of subsection (a) of section 53a-123 or subdivision (1) of subsection 224
286	286	(a) of section 53a-124. 225
287	287	Sec. 5. Section 46b-124 of the general statutes is amended by adding 226
288	288	subsection (o) as follows (Effective October 1, 2022): 227
289	289	(NEW) (o) Records of cases of juvenile matters involving delinquency 228
290	290	proceedings, or any part thereof, may be disclosed by and exchanged 229
291	291	between any municipal police department, the Division of State Police 230
292	292	within the Division of Emergency Services and Public Protection, the 231
293	293	Division of Criminal Justice, the Division of Public Defender Services 232
294	294	and the Judicial Branch for the purpose of informing a decision whether 233
295	295	to seek, support, oppose or grant a post-arrest detention order of a child. 234
296	296	Records disclosed pursuant to this subsection shall not be further 235
297	297	disclosed. 236
298	298	Sec. 6. (NEW) (Effective October 1, 2022) The court shall order any 237
299	299	child, as defined in section 46b-120 of the general statutes, who is 238
300	300	released into the custody of his or her parent or guardian after being 239
301	301	charged with a delinquency offense for which such child is not yet 240
302	302	adjudicated as delinquent, who during the pendency of such case, is 241
303	303	charged with a subsequent offense involving violence or for which the 242
304	304	child has previously been adjudicated delinquent to be electronically 243
305	305	monitored by using a global positioning system device until each such 244
306	306	case is disposed of. 245
307	307	Sec. 7. Section 46b-127 of the 2022 supplement to the general statutes 246
308	308	is repealed and the following is substituted in lieu thereof (Effective 247 Raised Bill No. 365
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310	310
311	311
312	312	LCO No. 2774 9 of 18
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314	314	October 1, 2022): 248
315	315	(a) (1) The court shall automatically transfer from the docket for 249
316	316	juvenile matters to the regular criminal docket of the Superior Court the 250
317	317	case of any child charged with the commission of a capital felony under 251
318	318	the provisions of section 53a-54b in effect prior to April 25, 2012, a 252
319	319	serious juvenile offense, a class A felony, or a class B felony, except as 253
320	320	provided in subdivision (3) of this subsection, or a violation of section 254
321	321	53a-54d, provided such offense was committed after such child attained 255
322	322	the age of fifteen years, or fourteen years if charged with the commission 256
323	323	of a class A felony or class B felony that constitutes murder, violent 257
324	324	sexual assault or violent crime involving a firearm, and counsel has been 258
325	325	appointed for such child if such child is indigent. Such counsel may 259
326	326	appear with the child but shall not be permitted to make any argument 260
327	327	or file any motion in opposition to the transfer. The child shall be 261
328	328	arraigned in the regular criminal docket of the Superior Court at the next 262
329	329	court date following such transfer, provided any proceedings held prior 263
330	330	to the finalization of such transfer shall be private and shall be 264
331	331	conducted in such parts of the courthouse or the building in which the 265
332	332	court is located that are separate and apart from the other parts of the 266
333	333	court which are then being used for proceedings pertaining to adults 267
334	334	charged with crimes. 268
335	335	(2) A state's attorney may, at any time after such arraignment, file a 269
336	336	motion to transfer the case of any child charged with the commission of 270
337	337	a class B felony or a violation of subdivision (2) of subsection (a) of 271
338	338	section 53a-70 to the docket for juvenile matters for proceedings in 272
339	339	accordance with the provisions of this chapter. 273
340	340	(3) No case of any child charged with the commission of a violation 274
341	341	of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of subsection 275
342	342	(a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, subdivision 276
343	343	(1), (3) or (4) of subsection (a) of section 53a-134, section 53a-196c, 53a-277
344	344	196d or 53a-252 or subsection (a) of section 53a-301 shall be transferred 278
345	345	from the docket for juvenile matters to the regular criminal docket of the 279
346	346	Superior Court, except as provided in this subdivision. Upon motion of 280 Raised Bill No. 365
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348	348
349	349
350	350	LCO No. 2774 10 of 18
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352	352	a prosecutorial official, the superior court for juvenile matters shall 281
353	353	conduct a hearing to determine whether the case of any child charged 282
354	354	with the commission of any such offense shall be transferred from the 283
355	355	docket for juvenile matters to the regular criminal docket of the Superior 284
356	356	Court. The court shall not order that the case be transferred under this 285
357	357	subdivision unless the court finds that (A) such offense was committed 286
358	358	after such child attained the age of fifteen years, (B) there is probable 287
359	359	cause to believe the child has committed the act for which the child is 288
360	360	charged, and (C) the best interests of the child [and] or the public will 289
361	361	not be served by maintaining the case in the superior court for juvenile 290
362	362	matters. In making such findings, the court shall consider (i) any prior 291
363	363	criminal or juvenile offenses committed by the child, (ii) the seriousness 292
364	364	of such offenses, (iii) any evidence that the child has intellectual 293
365	365	disability or mental illness, and (iv) the availability of services in the 294
366	366	docket for juvenile matters that can serve the child's needs. Any motion 295
367	367	under this subdivision shall be made, and any hearing under this 296
368	368	subdivision shall be held, not later than thirty days after the child is 297
369	369	arraigned in the superior court for juvenile matters. 298
370	370	(b) Upon motion of a prosecutorial official, the superior court for 299
371	371	juvenile matters shall conduct a hearing to determine whether the case 300
372	372	of any child charged with the commission of a class C, D or E felony or 301
373	373	an unclassified felony shall be transferred from the docket for juvenile 302
374	374	matters to the regular criminal docket of the Superior Court. The court 303
375	375	shall not order that the case be transferred under this subdivision unless 304
376	376	the court finds that (1) such offense was committed after such child 305
377	377	attained the age of fifteen years, (2) there is probable cause to believe the 306
378	378	child has committed the act for which the child is charged, and (3) the 307
379	379	best interests of the child [and] or the public will not be served by 308
380	380	maintaining the case in the superior court for juvenile matters. In 309
381	381	making such findings, the court shall consider (A) any prior criminal or 310
382	382	juvenile offenses committed by the child, (B) the seriousness of such 311
383	383	offenses, (C) any evidence that the child has intellectual disability or 312
384	384	mental illness, and (D) the availability of services in the docket for 313
385	385	juvenile matters that can serve the child's needs. Any motion under this 314 Raised Bill No. 365
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387	387
388	388
389	389	LCO No. 2774 11 of 18
390	390
391	391	subdivision shall be made, and any hearing under this subdivision shall 315
392	392	be held, not later than thirty days after the child is arraigned in the 316
393	393	superior court for juvenile matters. 317
394	394	(c) (1) (A) Any proceeding of any case transferred to the regular 318
395	395	criminal docket pursuant to this section shall be (i) private, except that 319
396	396	any victim and the victim's next of kin shall not be excluded from such 320
397	397	proceeding, and (ii) conducted in such parts of the courthouse or the 321
398	398	building in which the court is located that are separate and apart from 322
399	399	the other parts of the court which are then being used for proceedings 323
400	400	pertaining to adults charged with crimes. Any records of such 324
401	401	proceedings shall be confidential in the same manner as records of cases 325
402	402	of juvenile matters are confidential in accordance with the provisions of 326
403	403	section 46b-124, as amended by this act, except as provided in 327
404	404	subparagraph (B) of this subdivision, unless and until the court or jury 328
405	405	renders a verdict or a guilty plea is entered in such case on the regular 329
406	406	criminal docket. For the purposes of this subparagraph, (I) "victim" 330
407	407	means the victim of the crime, a parent or guardian of such person, the 331
408	408	legal representative of such person, or a victim advocate for such person 332
409	409	under section 54-220, or a person designated by a victim in accordance 333
410	410	with section 1-56r, and (II) "next of kin" means a spouse, an adult child, 334
411	411	a parent, an adult sibling, an aunt, an uncle or a grandparent. 335
412	412	(B) Records of any child whose case is transferred to the regular 336
413	413	criminal docket under this section, or any part of such records, shall be 337
414	414	available to the victim of the crime committed by the child to the same 338
415	415	extent as the records of the case of a defendant in a criminal proceeding 339
416	416	in the regular criminal docket of the Superior Court is available to a 340
417	417	victim of the crime committed by such defendant. The court shall 341
418	418	designate an official from whom the victim may request such records. 342
419	419	Records disclosed pursuant to this subparagraph shall not be further 343
420	420	disclosed. 344
421	421	(2) If a case is transferred to the regular criminal docket pursuant to 345
422	422	subdivision (3) of subsection (a) of this section or subsection (b) of this 346
423	423	section, or if a case is transferred to the regular criminal docket pursuant 347 Raised Bill No. 365
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425	425
426	426
427	427	LCO No. 2774 12 of 18
428	428
429	429	to subdivision (1) of subsection (a) of this section and the charge in such 348
430	430	case is subsequently reduced to that of the commission of an offense for 349
431	431	which a case may be transferred pursuant to subdivision (2) or (3) of 350
432	432	subsection (a) of this section or subsection (b) of this section, the court 351
433	433	sitting for the regular criminal docket may return the case to the docket 352
434	434	for juvenile matters at any time prior to the court or jury rendering a 353
435	435	verdict or the entry of a guilty plea for good cause shown for 354
436	436	proceedings in accordance with the provisions of this chapter. 355
437	437	(d) Upon the effectuation of the transfer, such child shall stand trial 356
438	438	and be sentenced, if convicted, as if such child were eighteen years of 357
439	439	age, subject to the provisions of subsection (c) of this section and section 358
440	440	54-91g. Such child shall receive credit against any sentence imposed for 359
441	441	time served in a juvenile facility prior to the effectuation of the transfer. 360
442	442	A child who has been transferred may enter a guilty plea to a lesser 361
443	443	offense if the court finds that such plea is made knowingly and 362
444	444	voluntarily. Any child transferred to the regular criminal docket who 363
445	445	pleads guilty to a lesser offense shall not resume such child's status as a 364
446	446	juvenile regarding such offense. If the action is dismissed or nolled or if 365
447	447	such child is found not guilty of the charge for which such child was 366
448	448	transferred or of any lesser included offenses, the child shall resume 367
449	449	such child's status as a juvenile until such child attains the age of 368
450	450	eighteen years. 369
451	451	(e) Any child whose case is transferred to the regular criminal docket 370
452	452	of the Superior Court who is detained pursuant to such case shall be in 371
453	453	the custody of the Commissioner of Correction upon the finalization of 372
454	454	such transfer. A transfer shall be final (1) upon the arraignment on the 373
455	455	regular criminal docket until a motion filed by the state's attorney 374
456	456	pursuant to subsection (a) of this section is granted by the court, or (2) 375
457	457	upon the arraignment on the regular criminal docket of a transfer 376
458	458	ordered pursuant to subsection (b) of this section until the court sitting 377
459	459	for the regular criminal docket orders the case returned to the docket for 378
460	460	juvenile matters for good cause shown. Any child whose case is 379
461	461	returned to the docket for juvenile matters who is detained pursuant to 380
462	462	such case shall be in the custody of the Judicial Department. 381 Raised Bill No. 365
463	463
464	464
465	465
466	466	LCO No. 2774 13 of 18
467	467
468	468	(f) The transfer of a child to a Department of Correction facility shall 382
469	469	be limited as provided in subsection (e) of this section and said 383
470	470	subsection shall not be construed to permit the transfer of or otherwise 384
471	471	reduce or eliminate any other population of juveniles in detention or 385
472	472	confinement within the Judicial Department. 386
473	473	(g) Upon the motion of any party or upon the court's own motion, the 387
474	474	case of any youth age sixteen or seventeen, except a case that has been 388
475	475	transferred to the regular criminal docket of the Superior Court 389
476	476	pursuant to subsection (a) or (b) of this section, which is pending on the 390
477	477	youthful offender docket, regular criminal docket of the Superior Court 391
478	478	or any docket for the presentment of defendants in motor vehicle 392
479	479	matters, where the youth is charged with committing any offense or 393
480	480	violation for which a term of imprisonment may be imposed, other than 394
481	481	a violation of section 14-227a, 14-227g or 14-227m or subdivision (1) or 395
482	482	(2) of subsection (a) of section 14-227n, may, before trial or before the 396
483	483	entry of a guilty plea, be transferred to the docket for juvenile matters if 397
484	484	(1) the youth is alleged to have committed such offense or violation on 398
485	485	or after January 1, 2010, while sixteen years of age, or is alleged to have 399
486	486	committed such offense or violation on or after July 1, 2012, while 400
487	487	seventeen years of age, and (2) after a hearing considering the facts and 401
488	488	circumstances of the case and the prior history of the youth, the court 402
489	489	determines that the programs and services available pursuant to a 403
490	490	proceeding in the superior court for juvenile matters would more 404
491	491	appropriately address the needs of the youth and that the youth and the 405
492	492	community would be better served by treating the youth as a 406
493	493	delinquent. Upon ordering such transfer, the court shall vacate any 407
494	494	pleas entered in the matter and advise the youth of the youth's rights, 408
495	495	and the youth shall (A) enter pleas on the docket for juvenile matters in 409
496	496	the jurisdiction where the youth resides, and (B) be subject to 410
497	497	prosecution as a delinquent child. The decision of the court concerning 411
498	498	the transfer of a youth's case from the youthful offender docket, regular 412
499	499	criminal docket of the Superior Court or any docket for the presentment 413
500	500	of defendants in motor vehicle matters shall not be a final judgment for 414
501	501	purposes of appeal. 415 Raised Bill No. 365
502	502
503	503
504	504
505	505	LCO No. 2774 14 of 18
506	506
507	507	Sec. 8. Subsection (a) of section 54-76c of the general statutes is 416
508	508	repealed and the following is substituted in lieu thereof (Effective October 417
509	509	1, 2022): 418
510	510	(a) In any case where an information or complaint has been laid 419
511	511	charging a defendant with the commission of a crime, and where it 420
512	512	appears that the defendant is a youth, such defendant shall be presumed 421
513	513	to be eligible to be adjudged a youthful offender and the court having 422
514	514	jurisdiction shall, but only as to the public, order the court file sealed, 423
515	515	unless such defendant (1) is charged with the commission of a crime 424
516	516	which is a class A felony or a violation of section 53a-70b of the general 425
517	517	statutes, revision of 1958, revised to January 1, 2019, or section 14-222a, 426
518	518	subsection (a) or subdivision (1) of subsection (b) of section 14-224, 427
519	519	section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection 428
520	520	(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 429
521	521	or section 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b, except a violation 430
522	522	involving consensual sexual intercourse or sexual contact between the 431
523	523	youth and another person who is thirteen years of age or older but 432
524	524	under sixteen years of age, or (2) has been previously convicted of a 433
525	525	felony in the regular criminal docket of the Superior Court. [or been 434
526	526	previously adjudged a serious juvenile offender or serious juvenile 435
527	527	repeat offender, as defined in section 46b-120.] Except as provided in 436
528	528	subsection (b) of this section, upon motion of the prosecuting official, 437
529	529	the court may order that an investigation be made of such defendant 438
530	530	under section 54-76d, for the purpose of determining whether such 439
531	531	defendant is ineligible to be adjudged a youthful offender, provided the 440
532	532	court file shall remain sealed, but only as to the public, during such 441
533	533	investigation. 442
534	534	Sec. 9. (NEW) (Effective July 1, 2022) (a) As used in this section, the 443
535	535	"Trauma, Truancy, Mediation and Mentorship Program" or "program" 444
536	536	means the program established pursuant to subsection (b) of this 445
537	537	section. 446
538	538	(b) (1) The Office of Policy and Management shall establish a program 447
539	539	to foster a system that unites community service providers with 448 Raised Bill No. 365
540	540
541	541
542	542
543	543	LCO No. 2774 15 of 18
544	544
545	545	juveniles needing supports and services in order to help prevent, deter 449
546	546	and redirect juveniles from crime. Such service providers shall reduce 450
547	547	or address trauma suffered by juveniles, including that evidenced in 451
548	548	truant juveniles, mediate in order to prevent retaliatory crime and 452
549	549	mentor and empower juveniles to ensure positive outcomes and 453
550	550	positive life trajectories. 454
551	551	(2) The chief elected official of any municipality participating in the 455
552	552	program shall issue a request for proposals for the design and 456
553	553	implementation of the program for such municipality. 457
554	554	(3) A review board comprised of the Chief State's Attorney, the Chief 458
555	555	Public Defender and the Commissioner of Children and Families, or 459
556	556	their designees, and other stakeholders from the municipal and state 460
557	557	level, as selected by the Secretary of Office and Policy Management, 461
558	558	shall select service providers in response to the request for proposals 462
559	559	pursuant to subdivision (2) of this subsection to administer the program, 463
560	560	which shall be funded by local, state, federal and private moneys. Such 464
561	561	moneys shall be used for the administration and costs of the program, 465
562	562	including, but not limited to, salaries, benefits and other compensation 466
563	563	for any individuals hired by such service providers to administer the 467
564	564	program. 468
565	565	(c) Not later than January 1, 2024, and annually thereafter, any 469
566	566	municipality that received state funding for the program during the 470
567	567	previous calendar year shall submit a report, in accordance with the 471
568	568	provisions of section 11-4a of the general statutes, to the joint standing 472
569	569	committees of the General Assembly having cognizance of matters 473
570	570	relating to the judiciary and appropriations and the budgets of state 474
571	571	agencies. Such report shall detail (1) the number of individuals 475
572	572	participating in the program during the previous calendar year, (2) any 476
573	573	changes in the level of incidents of juvenile truancy or crime in the 477
574	574	municipality, (3) an evaluation of the programs, services and activities 478
575	575	undertaken as part of the program, (4) the costs of the program during 479
576	576	the previous calendar year in both state and private dollars, and (5) any 480
577	577	recommendations to expand the program. 481 Raised Bill No. 365
578	578
579	579
580	580
581	581	LCO No. 2774 16 of 18
582	582
583	583	Sec. 10. (Effective from passage) (a) The Commissioner of Children and 482
584	584	Families and the executive director of the Court Support Services 483
585	585	Division of the Judicial Branch shall identify each juvenile delinquency 484
586	586	or justice service provided to children by the Department of Children 485
587	587	and Families at the time of the passage of public act 18-31. Said 486
588	588	commissioner and executive director shall determine how such services 487
589	589	were transferred from the department to the Court Support Services 488
590	590	Division and identify any services that were merged into other services, 489
591	591	eliminated or otherwise not transferred. 490
592	592	(b) Said commissioner and executive director shall report, not later 491
593	593	than December 31, 2022, in accordance with the provisions of section 11-492
594	594	4a of the general statutes, their findings pursuant to the provisions of 493
595	595	subsection (a) of this section, to the joint standing committee of the 494
596	596	General Assembly having cognizance of matters relating to the 495
597	597	judiciary. 496
598	598	Sec. 11. (Effective from passage) (a) There is established a committee to 497
599	599	evaluate and assess all programs within the criminal justice system in 498
600	600	this state for juvenile and adult offenders. 499
601	601	(b) The committee shall consist of the following members: 500
602	602	(1) The Chief Court Administrator, or the Chief Co urt 501
603	603	Administrator's designee; 502
604	604	(2) A judge of the superior court for juvenile matters, appointed by 503
605	605	the Chief Justice; 504
606	606	(3) The executive director of the Court Support Services Division of 505
607	607	the Judicial Branch, or the executive director's designee; 506
608	608	(4) The executive director of the Superior Court Operations Division, 507
609	609	or the executive director's designee; 508
610	610	(5) The Chief Public Defender, or the Chief Public Defender's 509
611	611	designee; 510 Raised Bill No. 365
612	612
613	613
614	614
615	615	LCO No. 2774 17 of 18
616	616
617	617	(6) The Chief State's Attorney, or the Chief State's Attorney's 511
618	618	designee; 512
619	619	(7) The Commissioner of Children and Families, or the 513
620	620	commissioner's designee; 514
621	621	(8) The Commissioner of Correction, or the commissioner's designee; 515
622	622	(9) The Commissioner of Mental Health and Addiction Services, or 516
623	623	the commissioner's designee; 517
624	624	(10) The president of the Connecticut Police Chiefs Association, or the 518
625	625	president's designee; 519
626	626	(11) The chief of police of a municipality with a population in excess 520
627	627	of one hundred thousand, designated by the president of the 521
628	628	Connecticut Police Chiefs Association; 522
629	629	(12) The Victim Advocate, or the Victim Advocate's designee; and 523
630	630	(13) The Child Advocate, or the Child Advocate's designee. 524
631	631	(c) Any vacancy shall be filled by the designating authority. 525
632	632	(d) Not later than January 1, 2023, the committee shall report, in 526
633	633	accordance with section 11-4a of the general statutes, to the joint 527
634	634	standing committee of the General Assembly having cognizance of 528
635	635	matters relating to the judiciary regarding any statutory changes 529
636	636	concerning the juvenile justice system or the adult criminal justice 530
637	637	system that the committee recommends following a full evaluation and 531
638	638	assessment of all programs and services offered as part of such systems. 532
639	639	The committee shall terminate on the date that it submits such report or 533
640	640	January 1, 2023, whichever is later. 534
641	641	This act shall take effect as follows and shall amend the following
642	642	sections:
643	643
644	644	Section 1 October 1, 2022 New section
645	645	Sec. 2 October 1, 2022 46b-133p Raised Bill No. 365
646	646
647	647
648	648
649	649	LCO No. 2774 18 of 18
650	650
651	651	Sec. 3 October 1, 2022 46b-128(b)
652	652	Sec. 4 October 1, 2022 46b-133
653	653	Sec. 5 October 1, 2022 46b-124
654	654	Sec. 6 October 1, 2022 New section
655	655	Sec. 7 October 1, 2022 46b-127
656	656	Sec. 8 October 1, 2022 54-76c(a)
657	657	Sec. 9 July 1, 2022 New section
658	658	Sec. 10 from passage New section
659	659	Sec. 11 from passage New section
660	660
661	661	Statement of Purpose:
662	662	To amend various juvenile and criminal justice statutes to provide for
663	663	next day summons and appearances for juveniles, earlier assessment for
664	664	services to juveniles and articulation of reasons when a judge declines
665	665	to detain a child, increase flexibility when determining whether to
666	666	detain a child, increase the sharing of information concerning juvenile
667	667	cases by law enforcement agencies, allow for global positioning
668	668	monitoring of juveniles under certain circumstances, allow for
669	669	automatic transfer to regular criminal docket for fourteen year olds if
670	670	charged with certain violent crimes, establish the "Trauma, Truancy,
671	671	Mediation and Mentorship" program, cause a review of the transfer of
672	672	juvenile justice services from the Department of Children and Families
673	673	to the Judicial Branch and establish a committee to evaluate the criminal
674	674	justice system for juveniles and adults.
675	675	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
676	676	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
677	677	underlined.]
678	678