August 18, 2000

  

2000-R-0816

JUVENILE JUSTICE LEGISLATION

 

By: George Coppolo, Chief Attorney

You asked for a brief summary of the major legislative changes in the juvenile justice system since 1995.

SUMMARY

In 1995 the legislature passed a law that made numerous changes in the juvenile justice system. It gave significant responsibility for juvenile delinquency programs to the Office of Alternative Sanctions. It made it easier to transfer a juvenile accused of committing a felony after reaching age 14 from juvenile to adult criminal court. Further it allowed serious juvenile repeat offenders to be sentenced as both adults and juveniles, with adult sentence suspended as long as the child conforms to the conditions of the juvenile sentence (PA 95-225).

That year it also passed a law giving the Adult Probation and Bail Commission offices greater access to juvenile and adult criminal record information (PA 95-261).

In 1997, the legislature required 14 and 15 years olds transferred from juvenile to adult court be placed in a Department of Correction facility as soon as the transfer is finalized (PA 97-4). Also, it required the Department of Children and Families (DCF) commissioner to adopt regulations governing the conditions under which juvenile delinquents can be granted leave or released from DCF facilities and private residential programs to which they are assigned (PA 97-130).

Also, that year the legislature authorized the chief court administrator to establish a separate drug docket in all juvenile courts for cases involving drug dependent defendants (PA 97-248).

Public Act 98-70 broadened access to juvenile matter records. Public Act 98-256 allowed juvenile court to retain jurisdiction after a child reaches age 16 if 1) he commits a delinquent act before that age and 2) after reaching age 16 he violates any court order or condition of probation relating to the delinquency proceeding.

In 1999, the legislature authorized $27.5 million in bonds to develop a new Connecticut Juvenile Training School in Middletown. In addition, it allowed an existing $11.3 million authorization for Long Lane School to be spent on this new facility (PA 99-26). Also, it established a pretrial diversion program for high school students who use or threaten to use violence on elementary or secondary school property. It established a similar program for children under 16 accused of delinquent acts involving the use or threatened use of violence in or on school property or at a school- sponsored activity (PA 99-259). Further, it established a new serious sexual offender prosecution proceeding for juveniles accused of sexual crimes who are not transferred to adult court (PA 99-2 June Special Session).

This past session the legislature created a 21-member commission to analyze the key stages in the juvenile justice system to determine if any disproportionately affect racial or ethnic minorities. The commission must also recommend policies and strategies to reduce these numbers, and develop a training program in cultural competency issues. The act takes affect October 1, 2000 (PA 00-154).

Public Act 00-172 requires the chief court administrator to enter an agreement with the Connecticut Policy and Economic Council (CPEC) to evaluate programs serving juvenile offenders.

In addition, PA 00-209 makes certain delinquent juveniles guilty of the crime of escape from custody if they do not return from an authorized leave or escape from a facility where they have been placed by DCF. The act makes it a C felony if the escapee's underlying offense is a felony and a class A misdemeanor otherwise. It becomes effective on October 1, 2000.

PA 95-225 AN ACT CONCERNING JUVENILE JUSTICE

This act makes a number of changes in the state's juvenile justice system. It gives significant responsibility for juvenile delinquency programs to the Office of Alternative Sanctions (OAS) in the Judicial Department beginning July 1, 1996. It mandates development of risk assessments, professional evaluation teams, delinquency prevention programs, and early intervention strategies.

The act makes it easier to transfer a juvenile accused of committing a felony after reaching age 14 from juvenile court to adult criminal court. (The juvenile delinquency law covers children up to age 16, after which they are treated as adults.)

The act creates a new system for dealing with what it defines as serious juvenile repeat offenders, allowing them to be sentenced as both adults and juveniles, with the adult sentence suspended as long as the child conforms to the conditions in the juvenile sentence and does not commit another crime.

The act requires the Department of Children and Families, OAS, and the Office of Policy and Management (OPM), in consultation with other agencies and legislators, to study and report on a plan for reorganization of the juvenile justice system by February 1, 1996. The act establishes a legislative task force to study the operations of the state's attorneys and public defenders and allocates $50,000 to fund it. Finally, it makes a number of other changes in the laws governing juvenile delinquency and youthful offenders to reflect a statement of legislative intent contained in the act's first section.

Legislative Intent

The act states the General Assembly's intent includes having the juvenile justice system (1) provide individualized supervision, care, accountability, and treatment for delinquents and (2) promote prevention. It sets the system's goals as holding juveniles accountable for their behavior, protecting the community and the juvenile, providing community-based services, involving the juvenile's family and keeping the juvenile at home when possible, providing services by individual case management plans, and making follow-up and nonresidential post-release services available.

Judicial Department Duties

The act requires the Judicial Department to coordinate juvenile justice programs with other state and municipal agencies, develop intake and assessment procedures for juveniles and provide case management for them, provide pretrial diversion, coordinate community-based services, and provide other necessary programs and services.

Office of Alternative Sanctions

The OAS must design and make available to the Judicial Department probation treatment programs based on individual or family assessments and case management plans. Treatment must cover drug and alcohol addiction, emotional and behavior problems, physical or sexual abuse, health needs, and education. It must include counseling and programs using various federal social service funds.

Judicial Department Plan

In developing its juvenile justice programs, the Judicial Department must create "risk and assessment instruments" to evaluate a juvenile's need for detention and a case classification process with program levels and management standards. A program level is based on the needs of the juvenile, his potential to be dangerous, and his risk of offending further.

The department must develop a purchase-of-care system that uses private and local public sector agencies to provide a diversity of services, funded at least in part by new Medicaid, federal foster care and adoption assistance, and other community-based services funding.

Professional Evaluation Team Plan

Whenever a juvenile is referred to the juvenile probation unit (located within the Family Division of Superior Court), the unit must do an intake risk assessment and make a case classification evaluation. The unit may submit the proposed probation plan for the juvenile to a professional evaluation team made up of a juvenile probation officer; an OAS or contracted agency representative; and, when applicable, a school employee and other interested parties chosen by the court. The team must develop a probation treatment plan within 15 days of the juvenile's referral, unless the court orders otherwise.

The plan must include the type of residential or nonresidential placement, projected length of care and cost, and services needed.

The plan must be submitted to the court for approval prior to its entering an order. The court can order medical and psychological testing and charge the costs to the family, based on its ability to pay. The court may "reasonably designate" programs under contract with the OAS to be included in the plan. The OAS must implement the plan upon the court's approval.

OAS Programs and Contract Authority

The OAS must develop programs to prevent and reduce delinquency and cooperate with existing agencies to establish new programs and provide services to juvenile offenders not requiring incarceration. Programs must be tailored to the types of juveniles being served, including their ages, gender, mental health, offense history, chemical dependency, and other problems. Services must at least include education, with an individualized education plan for each juvenile; anger control and nonviolent conflict management; drug treatment; mental health treatment; and sexual offender treatment.

The OAS may contract to establish regional secure residential facilities and high supervision residential and nonresidential facilities for juveniles on probation. The act exempts such facilities from licensure by the DCF as child- care facilities, but requires them to have a capacity set by contract.

The OAS must also collaborate with private residential facilities and community-based on residential post-release programs.

Early Intervention Programs

The OAS must fund projects for a program of early intervention for juvenile offenders. These may include peer tutoring for offenders who are required to perform community service, specialized residential services for juveniles expelled from school, social services and counseling for female offenders, cognitive skill training, an entrepreneurship program, and a mentor program. The projects are to provide a network of community services for juveniles. The OAS must develop evaluation protocols to assess their effect on deterring juvenile crime and report to the General Assembly by January 1, 1998.

Juvenile Justice Reorganization Plan

The act requires the chief court administrator, the DCF commissioner, and OPM secretary, in consultation with the chairmen and ranking members of the Judiciary and Appropriations committees, the attorney general, the state treasurer, the chief state's attorney, and the Division of Public Defender Services, to develop a juvenile justice reorganization plan for submission to the governor and the General Assembly by February 1, 1996. This study group must cooperate and coordinate with the prosecutor-public defender study task force that the act establishes. The reorganization plan must address allocation of staff and responsibilities for delinquency cases between the DCF and the Judicial Department and include recommendations for the FY 1996-97 budget to implement it.

The plan must include recommendations on:

The act stipulates that the plan require no increase in budget allocations for FY 1996-97 for the Judicial Department, DCF, DOC, and OPM but allows staff and funding to be redirected among the agencies.

Definitions

The act adds five crimes to the list of offenses categorized as "serious juvenile offenses." Juveniles convicted of such offenses are already subject to longer commitment to the DCF and can be released from detention only on a judge's order, among other things. The added offenses are (1) illegal sale or transfer of a handgun, (2) false statement to obtain a handgun or sale or delivery of one to someone under age 21, (3) risk of injury to or impairing the morals of a child, (4) possession of an assault weapon, and (5) sale or transfer of an assault weapon.

The act also defines a "delinquent act" as a violation of any (1) federal or state law; (2) municipal or local ordinance, other than a family with service needs one; or (3) Superior Court order. (A "family with service needs" is one with a child who has run away from home, is habitually truant from school or defiant of school authorities, or is beyond the control of his parents.)

Juvenile Court Jurisdiction

The act divides juvenile matters in Superior Court into (1) civil matters, covering neglect, families with service needs, termination of parental rights, and emancipation of minors and (2) criminal matters, covering delinquency.

The act specifically authorizes the court to make and enforce orders to punish a child, deter him from further delinquency, assure the safety of other people, and provide victim restitution.

The act authorizes the victim of a delinquent act, his parents or guardian, or any court-appointed victim advocate to be present in the delinquency proceeding unless the judge specifically excludes them. It also removes a prohibition on delinquency hearings being held in rooms normally used for criminal business.

Juvenile Records

The act changes the law on access to juvenile delinquency records. It specifies that such records include those of law enforcement agencies (including fingerprints, photographs, and physical descriptions) and reports of public or private institutions and various medical, psychological, and social welfare studies. It keeps such records confidential, for the most part, but allows them to be disclosed to all agencies and their employees involved in delinquency proceedings or providing services to the child. It specifically makes records disclosable to law enforcement agencies, state and federal prosecutors, school officials (pursuant to the law governing a student's felony arrest report being sent to the superintendent of schools), court officials, the DCF, the Criminal Justice Division, victim advocates, adult probation officers, bail commissioners, the Board of Parole, and agencies under contract with the OAS. Previously, school officials received some information about juveniles who committed felonies. The act limits the availability of the records to law enforcement and prosecutorial officials who are conducting legitimate criminal investigations. The act also makes records available to a state agency trying to collect money due the state but only to the extent needed to collect the money. The record of the case may also be disclosed upon order of the court to anyone with a legitimate interest in the information.

The act makes information from a juvenile's case record available to the victim to the same extent it would be available from an adult's case record. In adult cases, victims basically have access to criminal justice records and files to the same extent that any member of the public does, but in certain, limited circumstances they can obtain some information from erased records. The act requires the court to designate an official from whom a victim can get juvenile case information.

Under prior law, the victim could obtain the child's identity only in order to file a civil suit or, after adjudication, by making a written request to the court.

The act authorizes law enforcement officials to disclose (presumably to the public) information concerning a child who (1) has escaped from a detention center or a facility to which the court has committed him or (2) has had a felony arrest warrant issued against him.

The act specifies that its provisions do not prohibit juvenile and adult prosecutors, inspectors, and investigators from sharing information in their files and records with one another.

Transfers to Adult Court

The act makes it easier to transfer a child charged with certain felonies from the juvenile to the regular criminal docket. Under prior law, the court had to transfer children charged with murder and certain serious crimes, including assault, sexual assault, kidnapping, burglary, robbery, and some firearm-related crimes, if it made certain specified findings. Unless the charge was murder, the prosecutor had to consider whether the child was mentally retarded or suffered from a mental disorder; and, before it could transfer any child, the juvenile court had to make written findings, after a hearing, that there was probable cause to believe that the child committed the offense.

Under the act, the court must automatically transfer from juvenile to adult court any child charged with a capital felony, a class A or B felony, or arson murder, if the offense was committed after the child turned age 14. The child must be arraigned in adult court at the next court date following transfer.

The file of the transferred case must remain sealed for 10 working days following arraignment unless the state's attorney moves to transfer a child charged with a B felony back to juvenile court, in which case the file remains sealed until the court rules on the motion. The court must act on such a motion within 10 working days.

A child charged with a C, D, or unclassified felony must be transferred if (1) the juvenile prosecutor moves for the transfer and the judge approves it, (2) the child was at least age 14 when the crime was committed, and (3) the court finds ex- parte (without the defendant child's presence) probable cause that he committed the crime. In such a case, the child's file must remained sealed until the regular court accepts the transfer, and the regular criminal court can return any such case to the juvenile court for proceedings there. The child must be arraigned in adult court at the next court date following transfer.

Juvenile's Parents and Treatment of Arrested Juveniles

The act allows a juvenile's parents who are being served with a subpoena to appear at a delinquency proceeding in connection with orders directed at them to be served by restricted delivery mail or by first class mail, rather than only by personal service. If the service is by first class mail, it must include a notice that appearance may subject them to the court's jurisdiction, and if they fail to appear, the court cannot issue orders in the case (presumably orders to the parents).

The court may use its contempt power to punish any summoned parent who fails to appear at the hearing.

The act extends the length of time supervision of a juvenile is allowed in a nonjudicial disposition from three months to 180 days and specifies that the exact length of time is set by the juvenile probation supervisor.

Instead of requiring that a child 14 or older charged with a felony have a photograph and description taken and be fingerprinted by police, the act allows these things to be done to a child charged with any crime regardless of his age. It authorizes the photograph of any child arrested for a capital or class A felony to be disclosed to the public, despite the general restrictions on disclosure of juvenile records.

When a child is arrested or referred for a delinquent act but not placed in a detention center, the act directs the police to serve a written complaint and summons on the child and his parents or guardian. The parent or guardian must execute a written promise to appear. If they willfully fail to appear, the court can issue an arrest warrant to ensure that the child appears and a court order to assure that the parents appear. The court may punish them for contempt if they willfully do not appear in response to such an order.

The act also allows the court to require periodic alcohol, as well as drug, testing as a condition of release from detention and limits the admissibility of the test results to enforcement of the detention release.

Serious Juvenile Repeat Offenders

The act defines a "serious juvenile repeat offender" as any child (under age 16) charged with a felony who has previously been convicted as a delinquent at any age for two penal code felonies.

Since, under prior law, juveniles were "adjudicated delinquents" rather than convicted, it appears that the act's provisions are limited to juveniles who are convicted of two felonies in the future and are then charged with a third.

When a child is a serious juvenile repeat offender and has committed a felony after reaching age 14, the act allows a juvenile prosecutor to ask the court to make the proceeding a serious juvenile repeat offender (SJRO) prosecution.

The court must hold a hearing on the request within 30 days, unless the juvenile can show good cause why it should be delayed, and then it must be held within 90 days. The court must reach a decision within 30 days of the hearing, and it must grant the request if the prosecutor shows by clear and convincing evidence that an SJRO prosecution will serve public safety. The decision is not a final judgment and thus not immediately appealable.

If the child waives his right to a jury trial, the SJRO prosecution must be held before the judge.

If the child is convicted or pleads guilty to a felony, he must be sentenced under both the juvenile and adult sentencing laws with execution of the adult sentence stayed if he follows the conditions imposed under the juvenile sentence and does not commit another crime. If he is convicted or pleads guilty to a misdemeanor, he must be sentenced according to the juvenile sentencing laws.

If the child subsequently violates the conditions of his sentence or commits another crime, the court can immediately order him taken into custody by a juvenile probation officer. The court must give the child and his parents or guardian, and attorney if he has one, written notice of the reasons the stay of sentence is being lifted. The child can challenge this action, and the court must hold a hearing at which he is entitled to an attorney. If the court finds against the child and there are no mitigating circumstances, it must order the child to begin serving a sentence no longer than the adult one imposed. Time served in a juvenile facility under the juvenile sentence must be credited against any time the child must serve under the adult sentence. If the court continues the stay, it must state in writing on the record what the mitigating circumstances are.

If the child does not waive his right to a jury trial, the SJRO prosecution must be transferred to the regular criminal docket of Superior Court and the child must be tried and sentenced as an adult.

The child cannot be placed in an adult correctional facility until he reaches age 16 or is sentenced, whichever occurs first. The child must receive credit against any imposed sentence for time served in a juvenile facility prior to transfer. The court can allow a juvenile knowingly and voluntarily to plead guilty to a lesser offense, but such a plea does not allow the child to resume his status as a juvenile. If the action is dismissed or nolled or the child is found not guilty, he retains his status as a juvenile until he reaches age 16.

Disposition of the Juvenile's Case

The act requires the court, in deciding its disposition of a child convicted as a delinquent, to consider the seriousness of the offense and any aggravating factors, such as the use of a firearm; the effect of the offense on the victim; the child's delinquency record and willingness to participate in programs; any other mitigating factors; and the child's culpability, including his level of participating, planning, and carrying out the crime.

In addition to the options already available, the act allows the court to order the child to participate in a community service program or the child or his parents or guardian to make restitution. Under prior law, the court could order the child to make restitution or do work in public buildings and on public property only if the parents and child consented. Under the act, the court can supervise the community service itself or place a minor under the supervision of any organization to carry out community service. The act specifies that such service is not employment and thus does not subject the child to child labor or other employment laws.

If the child's conduct has resulted in property damage or personal injury, the act allows the court to order restitution from the child, his parents or guardian, or both. The court can order the parents or guardian to pay restitution in place of the child only if they knew of and condoned the child's conduct. The parents' or guardians' liability cannot exceed their civil liability for their children's actions ($5,000 in 1995).

The act allows the court to make alcohol testing a condition of probation. It also increases the time a juvenile who has committed a serious juvenile offense must be placed outside the town where he lives by removing a six-month limit on such placements.

Drug and Alcohol Testing and Convictions

The act allows the court to order periodic drug and alcohol testing of a child during any period when the delinquency proceeding is suspended to allow treatment for the child's drug or alcohol problem. It also generally uses the term "convicted" to refer to juvenile offenders, rather than "adjudged a delinquent child." The effect of this change is, among other things, to require a juvenile to make an affirmative response to an employment inquiry about "conviction" for a crime and to forfeit his ability to vote once he reaches age 18 (if the crime was a felony) until he completes his sentence.

Pre-Disposition Investigation

The act requires the mandatory pre-disposition probation investigation of a delinquent child to include information on the circumstances of the offense; the victim's attitude; the child's criminal record and condition; and any damages suffered by the victim, including medical expenses, loss of earnings, and property loss.

Confessions

The act limits the admissibility of confessions or statements the child makes to the police or a juvenile court officer, instead of to anyone, if they are made without a parent present who has been warned about the child's rights.

Victim's Statement

The act gives a court-appointed victim rights advocate or the victim's counsel the right to appear before the court and make a statement and removes a requirement that these appearances, and those of victims or their parents, occur outside the presence of the alleged delinquent child.

Commitment

The act allows a delinquent child's commitment to DCF to be extended beyond 18 months, or four years in the case of a serious juvenile offender, if it is in the best interest of the community, rather than just in the best interest of the child. The act also replaces a requirement that certain delinquents be committed for an indeterminate period with an authorization allowing them to be so committed.

Erasure of Juvenile Record

By law, when a delinquent child has been discharged from court supervision or DCF custody, the parents or child can file a petition for erasure of the juvenile and police records. Under prior law, the court could order erasure if two years elapsed since the discharge, the child reached age 16 during that two-year period, no further juvenile proceedings were initiated, and he was not found guilty of a crime during that time. This act extends the time that must elapse before an erasure can take place from two to four years after discharge.

Emancipation of Minors

The act allows the court to emancipate a minor when that is in the best interest of the minor's child, as well as of the minor or his parents. It also specifies that emancipation of minors is part of the civil session of juvenile matters.

State Referees

The act allows state referees who have been Superior Court judges to hear juvenile matters. Any hearing must be conducted according to existing law, and referees have the powers of Superior Court in these matters.

The act specifies that juvenile matters may only be referred to referees specifically designated to hear them.

Accelerated Rehabilitation

Youthful offender (YO) status allows the court to erase the criminal records of first-time offenders who successfully complete a court-imposed sentence, such as probation or community service. The act prohibits the court from granting accelerated rehabilitation (AR) to anyone previously adjudged a YO. Under prior law, if the court found good cause for doing so, it could grant AR to someone who had previously been a youthful offender.

Defendants granted AR go on probation for up to two years. The act authorizes the court to require 16- or 17-year-olds, as a condition of probation, to accept referral to a youth service bureau, if an assessment shows that they need and would likely benefit from such services. Youth service bureaus are municipal or private nonprofit agencies that provide services and programs for delinquent and troubled children and youth.

Bail Commission and Adult Probation Reports

The act authorizes disclosure of Bail Commission reports and files to the Office of Adult Probation for purposes of conducting youthful offender investigations, presentence investigations, and supervising people on probation. The act also allows information held by the Office of Adult Probation in its files or presentence investigation reports to be disclosed to the Bail Commission for purposes of its bail investigations.

Youthful Offenders

The act prohibits anyone who has been "adjudged" a serious juvenile offender or serious juvenile repeat offender from being granted youthful offender status. Because the act also requires serious juvenile repeat offenders to be "convicted" rather than "adjudged," it appears that this provision is limited to those adjudged serious juvenile offenders prior to October 1, 1995. After that date, serious juvenile offenders must be convicted rather than adjudged.

The act specifically makes youthful offender records confidential and disclosable only under its provisions. The act makes access to YO records similar to those in the act for juvenile records. It grants access to records to people and agencies and their employees "providing services directly to the youth" and lists specific agencies including the Division of Criminal Justice, the Parole Board, the Bail Commission, the court-appointed victim advocate, state and federal prosecutors, the Office of Adult Probation, school officials, and law enforcement and court officials. The act also allows the same access to those with a legitimate interest and to victims.

In addition, the act authorizes referral of youthful offenders to youth service bureaus.

OAS Evaluation

The act requires the OAS to oversee alternative sanctions for the juvenile court and to evaluate the effectiveness of alternative sanctions on juvenile offenders.

OAS Advisory Committee

The act creates a nine-member advisory committee to the OAS concerning juvenile offenders, to be appointed by the chief court administrator.

The committee must include a Superior Court judge; representatives from the DCF, the divisions of Criminal Justice and Public Defender Services, and private nonprofit agencies serving juvenile offenders and providing alternative sanction programs; and public members. The existing OAS advisory board continues for adult programs.

Juvenile Justice Centers

The acts moves the juvenile justice centers, which are within OPM for administrative purposes, to the Judicial Department as of July 1, 1996, or when federal funds expire, whichever is later.

Division of Criminal Justice and Attorney General

The act gives the Division of Criminal Justice charge of proceedings concerning families with service needs and all criminal juvenile matters. The attorney general has charge of all civil juvenile matters. The act changes the title of those responsible for prosecuting juveniles from "court advocate" to "juvenile prosecutor" and transfers them along with inspectors, investigators, and associated staff from the Judicial Department to the Division of Criminal Justice on July 1, 1996.

Reimbursement

The act allows the Judicial Department to require the parents or guardian of any child who receives probation to fully or partially reimburse the supervision costs and to pay a monthly supervision fee. The department must waive the fee for those unable to pay.

Child Protection Network

The act requires the Department of Public Safety to study the feasibility of assembling and distributing to municipalities, on request, "Child Protection Network" information packages. Patterned after Middlefield's program, the packets must contain a child-identification system, instructions, informational brochures, and signs. The department can set and charge municipalities a reasonable fee for the packets.

Mediation Services

The act specifically allows private agencies under contract with the Judicial Department to provide mediation in cases referred to the Superior Court's criminal mediation program. This program allows the court to refer appropriate domestic cases to an impartial mediator for dispute resolution in the hope of avoiding a criminal prosecution.

Division of Criminal Justice-Public Defender Task Force

The act creates a task force made up of the chairmen and ranking members of the Judiciary Committee and six legislators, one each appointed by the House speaker and Senate president pro tempore and the Senate and House majority and minority leaders. The task force study must include (1) staffing levels; (2) training; (3) prosecutorial discretion in charging offenses, plea negotiations, and plea agreements; (4) variation in prosecutorial discretion between and within judicial districts; (5) the role of prosecutors and public defenders in the juvenile justice system; and (6) the eligibility of defendants to receive public defender services. The task force must collaborate and coordinate with the juvenile justice study group and report findings and recommendations to the Judiciary Committee by February 1, 1996. The act allocates $50,000 from the funds collected from bonds forfeited to the state to the Legislative Management Committee to pay for the study.

PA 95-261 AN ACT CONCERNING THE EXCHANGE OF INFORMATION BETWEEN VARIOUS DIVISIONS OF THE JUDICIAL BRANCH AND THE REPRESENTATION OF INDIGENT DEFENDANTS BY PUBLIC DEFENDERS

The act makes juvenile delinquency records available to the bail commissioner as necessary to perform his duties and makes them available to the Office of Adult Probation instead of to individual probation officers who request them. It expands the purposes for which these records may be used to include supervising probationers. Existing law allows them to be used to conduct presentence investigations and to determine youthful offender eligibility. Juvenile case records are generally confidential. But delinquency records may be disclosed to certain people, including the juvenile's school superintendent.

PA 97-4 AN ACT CONCERNING THE DETENTION OF JUVENILES TRANSFERRED TO THE REGULAR CRIMINAL DOCKET OF THE SUPERIOR COURT

This act directs that juveniles, ages 14 and 15 transferred from juvenile court to adult court for trial as adults, be placed in Department of Correction (DOC) facilities as soon as the transfer is finalized. Under prior law, a juvenile could not be placed in a DOC facility until he reached age 16 or was sentenced, whichever occurred first.

The act establishes when a transfer is considered final and specifies that its provisions do not authorize any other transfer of juveniles confined or detained in any Judicial Branch or Department of Children and Families facility.

Finalization of Transfer

By law, juvenile transfers are either discretionary or mandatory, depending on the severity of the crime. Discretionary transfers are for C, D, or unclassified felonies and must be requested by the juvenile prosecutor and approved by the court. Mandatory transfers are for capital, A, or B felonies or arson murder and occur automatically except that for a B felony the state's attorney can ask that the case be sent back to juvenile court and the court must rule on this request.

For purposes of establishing when the juvenile comes under DOC custody, the act specifies when a transfer is final. A discretionary transfer is final once the adult court accepts the case. Mandatory transfers are final 10 working days after arraignment, except that the transfer is final upon a judge's denial of the state's attorney's requests to return a B felony case to juvenile court. By law, the court must rule on the request within 10 working days. The act specifies that any child returned to the juvenile court docket must remain in Judicial Branch custody.

PA 97-130 AN ACT CONCERNING STANDARD LEAVE POLICIES FOR JUVENILE OFFENDERS

This act requires the Department of Children and Families (DCF) commissioner to adopt regulations governing the conditions under which juvenile delinquents can be granted leave or released from DCF facilities and private residential programs to which they are assigned. The regulations govern delinquents committed to DCF.

The regulations must require an initial 60-day fitness and security evaluation, including a trial leave of up to one day, before a youth is eligible for a leave. They must also require that before he is eligible for any leave or release (1) the delinquent's fitness and security risk is evaluated; (2) a parent, guardian, or other adult is clearly identified and assigned to supervise him; (3) his eligibility is determined immediately before granting his leave or release; and (4) if he is a serious juvenile offender, the local police are given confidential notice before he is given leave or released.

Juvenile Delinquents and Serious Juvenile Offenders

A child under age 16 is a delinquent if he violates any state or federal law or local ordinance or violates a Superior Court order. A court can commit a juvenile delinquent to DCF for up to 18 months, with possible extensions.

A serious juvenile offender is a delinquent under age 16 who commits specific acts such as illegal sale of a handgun, possession of an assault weapon, assault, or burglary with a firearm or who runs away from a secure facility in which he has been placed. A court can commit a serious juvenile offender to DCF for up to four years.

PA 97-248 AN ACT CONCERNING SUBSTANCE ABUSE EDUCATION AND TREATMENT PROGRAMS AND ESTABLISHING A CONNECTICUT ALCOHOL AND DRUG POLICY COUNCIL

This act, among other things:

Drug Courts

The act allows the chief court administrator to establish a separate docket in all geographical area and juvenile courts for criminal or juvenile cases involving defendants who are drug-dependent.

The docket in geographical area courts must be available to 16- to 21-year-olds who could benefit from placement in a substance abuse treatment program.

The act defines "drug dependence" as a "psychoactive substance dependence on drugs" as defined in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.

Under prior law, "drug dependence" was defined as a state of physical or psychic dependence, or both, on a controlled substance following administration of that controlled substance upon a repeated periodic or continuous basis, except dependence on morphine-type, barbiturate-type, and amphetamine-type hallucinogenic or other substances incidental to such treatment.

Drug Court Supervision of AR Participants

The act allows a court accepting a person for the pretrial AR program to transfer him to the supervision of a drug court, in lieu of the Office of Adult Probation's (OAP's) custody. The transferring court must impose conditions for the transfer and, presumably, the supervision period. Once the person satisfactorily completes the supervision period, the drug court must release him to OAP's custody under conditions the court orders, or dismiss the criminal charges. By law, the maximum probation period for any AR participant is two years. Under the act, the maximum probation plus supervision period is two years as well.

PA 98-70 AN ACT CONCERNING DISCLOSURE OF JUVENILE RECORDS

This act generally broadens access to juvenile matter records. But it eliminates the right of parents or guardians to access their child's juvenile records, including delinquency records, once the child reaches age 18. Instead, the act allows the child access to his own records. The act also allows emancipated minors, and not their parents, to access nondelinquency juvenile records.

The act allows the Department of Children and Families (DCF) commissioner to disclose, without the subject's consent, certain records that she maintains to Superior Court judges and superintendents (or their designees) of DCF-operated facilities.

The act authorizes the DCF commissioner to grant a leave for a child convicted as delinquent, committed to the department, and assigned to a state facility or private residential program who meets the eligibility conditions for a leave.

Juvenile Records

By law, juvenile records are confidential and cannot be disclosed to anyone other than a list of specified people.

Nondelinquency Records

The act expands the list by allowing access to:

The law continues to prohibit recipients of such records from disclosing them to unauthorized third parties, except under court order. It continues to allow courts in other states, law enforcement officials, and crime victims' advocates access to records.

Delinquency Records

Prior law allowed delinquency records to be disclosed among people, agencies, and agency employees involved in the delinquency proceedings or providing services directly to the child. The act requires, rather than allows, record holders to make them available to these entities and people.

It also requires them to disclose the records to (1) authorized agents of such agencies; (2) authorized agents or employees of agencies that design and deliver services and probation treatment for juvenile offenders; (3) judicial branch employees who need access to perform their duties; (4) Division of Public Defender Services employees and agents; and (5) the subject once he reaches age 18, instead of to his parents or guardians.

Under prior law, state agencies that entered an agreement with the Judicial Department to collect money due the state had access to delinquency records necessary for the collection. The act removes the requirement for agencies to enter an agreement to gain access and gives federal agencies that provide collection services and state and federal agencies that fund services for eligible juveniles the same type of limited access.

The act allows delinquency record information to be disclosed in connection with bail or sentencing reports in open court during criminal proceedings involving the subject of the information.

DCF Commissioner's Access to Records of Juvenile Delinquents

Whenever a juvenile delinquent is committed to DCF, the act requires the DCF commissioner to have access to the child's (1) educational records; (2) records of treatment for physical or mental illness, including substance abuse; (3) records of previous residential facility placement; (4) Judicial Department records; and (5) records of protection or placement in DCF's custody. The act requires the commissioner to review this information to determine the services and placement appropriate to serve the child's best interests.

DCF Records

By law, most DCF records are confidential and may be disclosed only with the subject's consent. The DCF commissioner may disclose them without consent to (1) law enforcement officers and prosecutors investigating child abuse and neglect allegations and (2) certain specified entities and people, if the records are not otherwise privileged or confidential and she determines that disclosure is in the subject's best interest. The act adds to the list of recipients under the second category (1) Superior Court judges who must determine the appropriate disposition of a case involving a juvenile delinquent or a child who is a member of a family with service needs and (2) superintendents of DCF-operated facilities or their designees.

Leave from DCF Facilities

The act allows the DCF commissioner to grant a leave for a delinquent child if she reasonably believes, based on all the information in her possession, that the child will honor her trust and meets the eligibility requirements for a leave. The act requires the superintendent of any facility or director of any private program to disclose to the appropriate law enforcement agency the records of any child who is granted a leave and fails to return to the facility or program.

By law, a juvenile is not eligible for a leave until:

PA 98-256 AN ACT CONCERNING JUVENILE MATTERS

This act makes several changes in the juvenile justice law. It specifies the types of probation the juvenile court can impose and how it may be enforced. It allows the court to continue enforcing probation on a child after he reaches age 16, the age a child normally ceases to be a juvenile for delinquency purposes.

The act makes several changes in the procedure for transferring a juvenile to adult court for trial and sentencing as an adult. It permits disclosure of additional information about children charged with certain serious crimes. It authorizes a juvenile detention supervisor to provide medical and dental treatment. It allows a juvenile who did not commit a serious juvenile offense to have his records erased two years earlier, provided he still meets the other statutory requirements.

The act requires that anyone with direct supervision of children placed in any state or private institution be trained in cardiopulmonary resuscitation.

The act prohibits disclosure between agencies of records of people adjudged youthful offenders before October 1, 1995. The law allowing such disclosure took effect on that date; thus, the act subjects youthful offenders' records to the law that was in effect when the youths were so adjudged.

Finally, the act makes several minor and technical changes.

Juvenile Court Jurisdiction Over 16- and 17-Year Olds

Juvenile court has delinquency jurisdiction over children until they reach age 16. The act allows the court to retain jurisdiction after a child reaches age 16 if (1) he committed a delinquent act before that age (other than violating a family with service needs (FWSN) order) and (2) after reaching age 16, he violates any court order or condition of probation relating to the delinquency proceeding.

The act specifically allows a child to be convicted as delinquent for violating a court-ordered condition of probation.

Juvenile Delinquency Probation

The act specifically authorizes the court to place a juvenile on probation. Prior law allowed the court to order a juvenile to remain at home or in a relative's custody under the supervision of a probation officer.

The act allows the court to impose additional conditions of probation. It can require the child to (1) live with a guardian or foster parent or in some other court-approved residence, (2) refrain from violating laws or ordinances, (3) undergo medical or psychological evaluation or treatment, (4) submit to random drug or alcohol testing (instead of periodic testing), (5) participate in an alternative incarceration or other program of the Office of Alternative Sanctions (OAS), (6) make restitution to the victim, or (7) participate in community service. The court can already impose the last two conditions, but the act specifically allows the court to impose them as conditions of probation. It also allows the court to impose other conditions it deems appropriate. The court must order a copy of any probation order to be delivered to the child, his parents, and his probation officer.

The act broadens the circumstances under which the court can order vocational probation for certain children. By law, this provision applies to children at least age 14 who have been found delinquent or a member of a FWSN. The act allows the court to place a child on such probation based on its finding that he would not benefit from further schooling and that the placement would benefit him. Previously, this probation was limited to mentally deficient or educationally retarded children who would be better placed in work than institutionalized.

Enforcement of Probation

The act authorizes the court, after a hearing and for good cause, to modify or expand conditions it has imposed anytime during the period of probation or suspended commitment. This can include extending the length of the probation or suspended commitment. The court must give a copy of such an order to the same parties that get the original.

Under the act, participation in an alternative incarceration program as a probation or suspended commitment condition cannot exceed the original period of probation or suspended commitment imposed.

If a child or youth violates any condition of probation or suspended commitment, the court can issue an arrest warrant or a notice to appear to answer the violation charge. The child must be personally served with the notice, and the arrest warrant must direct the officers to bring him to court or a suitable juvenile detention facility.

If a violation is confirmed, the court can revoke or continue the probation or suspended commitment or modify or expand the conditions. It may revoke only based on the whole record and if the violation is established by reliable evidence. If it revokes the order, it can require the child or youth to serve the original commitment or a lesser one.

Transfers to Adult Court

The law requires any child accused of a capital felony, a class A or B felony, or arson-murder who was age 14 or 15 when he committed the offense to be automatically transferred to adult court. The state's attorney in adult court has 10 working days to file a motion to have a child charged with a class B felony returned to juvenile court. The court has 10 days to hold a hearing and decide on the motion.

The act specifies that a juvenile's file remains sealed until the end of the state's attorney's 10th working day so that it cannot be made public before he decides to send a juvenile charged with a class B felony back to juvenile court. It also makes it clear that a child returned to juvenile court is subject to all juvenile proceedings, not just disposition.

The law also allows for transfers of juveniles accused of class C and D felonies. The act requires that in order for a juvenile accused of a class C or D felony to be transferred to adult court, the juvenile court must "order" the transfer, not just "approve" a juvenile prosecutor's motion to transfer.

It requires the adult court, if it wishes to return a class C or D felony case to juvenile court, to act within 10 working days. Finally, the act allows a juvenile found not guilty in adult court of lesser included offenses to resume his legal status as a juvenile. This is already true under the law regarding the charge for which he was transferred.

Medical and Dental Treatment of Children in Detention

The act allows a juvenile detention center administrator to authorize medical tests and treatment and dental care for a detained child if he follows policies developed by the chief court administrator. The treatment must be necessary to ensure the child's life or continued good health and must be deemed in his best interest.

The administrator must make reasonable efforts to notify the child's parents or guardian ahead of time and inform them at their last known address of the actions taken and outcome by letter. Failure to provide notice does not affect the validity of the authorization.

Records Erasure

The act allows a child convicted of delinquency or found to be a FWSN for an offense that is not a serious juvenile offense to have his records erased after two, rather than four, years. He must still meet the other requirements for erasure, which are that since his discharge from custody, no further juvenile proceedings were brought, he was not convicted of a crime, and he has reached age 16.

Other Changes

The act makes a number of other changes in juvenile law. It:

BACKGROUND

Serious Juvenile Offenses. Over 50 crimes are listed as serious juvenile offenses. They include all class A, most class B, and many class C felonies. They also include drug crimes, carrying a handgun without a permit, manufacturing bombs, and several loan-shark-type offenses. Children accused of serious juvenile offenses face more severe consequences than other juveniles.

PA 99-26 AN ACT CONCERNING THE CONNECTICUT JUVENILE TRAINING SCHOOL

This act authorizes $27.5 million in bonds for the development of a new Connecticut Juvenile Training School (CJTS) in Middletown. It also allows an existing $11.3 million authorization for Long Lane School to be spent on the new CJTS. Thus, the total bond authorization for the project is $38.8 million.

The act defines the CJTS project and limits its average daily population to no more than 240. It establishes contracting procedures that the Department of Public Works (DPW) commissioner must follow when consulting on or awarding the contract for it. It exempts the project from a number of state laws and regulations governing such things as how state property is conveyed, Department of Environmental Protection (DEP) regulation, consistency with various state plans, energy life-cycle analysis, State Traffic Commission (STC) review, inland wetland and public water supply oversight, and demolition of buildings. It requires DEP to hold a public hearing in Middletown on the CJTS project and authorizes the DEP commissioner, in consultation with the Office of Policy and Management (OPM), to respond to environmental impact concerns raised at that hearing. It establishes a procedure for appeal of the commissioner's actions to court.

It requires any governmental agency owning land that the DPW commissioner concludes must be used for the project to transfer it to him on request.

It allows the DPW commissioner and his agents to enter private land in conjunction with the project and establishes a procedure to compensate an owner if any damage results.

The act provides for the sale of over 150 acres of Long Lane School to Wesleyan University for $15 million and the lease of the land back to the Department of Children and Families (DCF) for operation of Long Lane until the new CJTS is operational. The act requires Wesleyan to have the land environmentally assessed and remediated if any problems exist, but the state must reimburse it for doing so. It also requires DCF to sell 14 lots in Middletown to Wesleyan for just under $1 million or their fair market value, whichever is greater.

The act requires the state to make a number of land conveyances relating to the new CJTS. It requires DCF to convey some land at Long Lane School and the Department of Mental Health and Addiction Services (DMHAS) to convey some land at Connecticut Valley Hospital (CVH) to the City of Middletown. The act restricts what the land can be used for and requires that it revert to the state if Middletown does not use it according to the terms of the conveyance agreement.

DCF must also convey to Middletown two other small parcels at Long Lane for fair market value. If Middletown does not want the properties, the act provides alternatives.

The act alters how an existing, but not yet finalized, conveyance of CVH land to Middletown can be used, and it directs the OPM secretary, in conjunction with several other state agencies, to determine if additional state land in Middletown can be conveyed to the city.

The act directs the OPM secretary to pay a state grant in lieu of taxes to Middletown for the Superior Court courthouse and Long Lane.

The act specifically allows the court to commit delinquent children to DCF for placement in a contractual residential placement or at the CJTS and requires the DCF commissioner to use a risk assessment system to determine the most appropriate placement. DCF must use national standards for juvenile training schools in operating the new CJTS.

The act requires sight and sound separation of male and female children at the new CJTS. In addition, DCF must (1) develop a plan to keep delinquents in secure facilities for a year or more, including plans for their rehabilitation and (2) report on its progress in meeting some of the goals of the 1996 Juvenile Justice Reorganization Plan.

The act creates a nine-member critical response team to be convened by the OPM secretary to study and report to the governor and General Assembly on (1) issues concerning operation of the new CJTS and (2) oversight by DCF of delinquent children in its custody.

It also requires OPM, in consultation with DCF and DPW, to study potential sites and construction costs for three secure regional juvenile facilities with up to 50 beds each. The study must include whether one of the facilities should be used exclusively for females. OPM must submit the report to the governor and General Assembly by January 1, 2000.

The act allows DCF employees to keep their home addresses confidential and makes assaulting a DCF employee providing direct care to the department's children and youth a class C felony. It requires DCF to create a public safety committee in Middletown to review safety and security issues.

Finally, the act changes the name of Long Lane School and all statutory references to it to the Connecticut Juvenile Training School, effective on the date the DCF commissioner certifies that the new CJTS project is operational.

Connecticut Juvenile Training School, Middletown Project

The act defines the CJTS project as a project to develop new facilities for the school on a designated site including doing a feasibility study and designing, constructing, reconstructing, improving, and equipping the CJTS and related training facilities for DCF's use. It defines the project as an emergency because of the immediate need to remedy overcrowding at Long Lane School.

The act allows the Bond Commission to authorize up to $27.5 million in bonds, which DCF must use to develop the CJTS project. The act allows, with the governor's approval, awarded contracts and obligations to exceed, at any one time, the amount of funds actually received from the sale of bonds or appropriations. However, they cannot exceed $53.8 million in the aggregate (the $38.8 million bond authorization plus $15 million).

The act allows the existing $11.3 million Long Lane School bond authorization to be spent "for" the CJTS project and related training facilities, not just "at" Long Lane School. It also allows it to be used for a study of alternative juvenile facilities and environmental remediation costs at Long Lane.

Certification of Funds

The act requires the OPM secretary, in consultation with the DCF and DPW commissioners, to certify to the Bond Commission how certain funds can be used. These are proceeds from the land sales the act authorizes that are deposited in the Long Lane School Donation Fund. The certification must state that the funds can be spent for the relocation of Long Lane School, including environmental site remediation, and the development of the CJTS and related training facilities. The certification must include that the use of these funds is in accord with any construction-related deed restrictions and does not violate any tax or other covenants in the original bonds for Long Lane School and related properties. Upon the Bond Commission's approval, the state treasurer can transfer all or part of these funds to the bond fund where the bonds authorized by the act are placed.

Juvenile Training School Standards and Accreditation

The act requires DCF to use the Manual of Standards for Juvenile Training Schools published by the American Correctional Association (ACA) at the new CJTS. The standards must be used to improve safety for staff and residents at the school and to assure that it will be able to be accredited by the ACA. (The critical response team described below must recommend whether the CJTS will comply with the ACA's standards.)

Middletown Public Safety Committee

The act requires DCF to establish a public safety committee in Middletown composed of the CJTS superintendent and an unspecified number of representatives appointed by the city's chief elected official (mayor). The committee must meet at least quarterly to review safety and security issues affecting the city. DCF must have a community security and alert system in operation when the CJTS becomes operational.

DCF Study

By January 1, 2000, the DCF commissioner must report to the Judiciary and Children's committees on its progress in implementing certain Juvenile Justice Reorganization Plan goals.

This plan was submitted to the governor and General Assembly on February 1, 1996, and the goals at issue are those for residential placement and alternatives to residential placement. If DCF has not achieved the goals, the report must include a strategy to do so.

Among other things, these goals include renovating and reconfiguring Long Lane, including planning a more secure, all-male facility; contracting for statewide short-term residential substance abuse treatment slots; and developing a full range of pretrial and post-conviction community-based services. These services include: (1) court-based assessments, (2) residential and nonresidential alternatives to detention, (3) mediation and diversion, (4) nonresidential programs, (5) juvenile supervision and reporting centers, (6) mental health and substance abuse services, (7) day treatment, (8) independent living, and (9) specialized foster care.

OPM Critical Response Team

The act requires the OPM secretary to convene a nine-member critical response team to make recommendations concerning the operation of the new CJTS. Seven members must be appointed by the governor: two DCF representatives knowledgeable about Long Lane School and (1) one representative each from the departments of Correction, Mental Health and Addiction Services, and Education; (2) a member of the governor's office; and (3) a representative of a private residential treatment facility. The other two members must be Judicial Branch representatives appointed by the chief court administrator and knowledgeable about the Office of Alternative Sanctions and juvenile detention.

The team must organize itself into subcommittees, address 13 specific areas of concern, and develop recommendations for submission to the governor and General Assembly by January 1, 2000. The recommendations must include whether the new CJTS facility will comply with standards developed by the American Correctional Association, the American Bar Association/Institute for Judicial Administration Standards, and the National Commission on Correctional Health Care (an American Medical Association affiliate). The report must also recommend policies regulating the use and duration of juvenile confinement and identify nonconfinement options.

The specific items the team must address are:

DCF Employee Information Confidentiality

The act adds DCF employees to the list of federal, state, and local hazardous duty employees whose home addresses may not be disclosed under the Freedom of Information Act by state departments, boards, councils, and commissions. In order to prevent disclosure, the employee must submit a written request for nondisclosure and give his business address to the disclosing agency's executive head.

Hazardous duty employees are federal court judges and magistrates, state judges, state and municipal police officers, Department of Correction employees, past or present state prosecutors and public defenders, Criminal Justice Division inspectors, and firefighters. This requirement does not apply to disclosure of Department of Motor Vehicle information, which is covered by a different statute.

Assault On DCF Employees

The act expands a 1998 law that made it a class C felony (see Table on Penalties) to assault a reasonably identified DCF employee working at Long Lane School. It adds any other DCF employee assigned to provide direct services to children and youth in the department's care and custody. For a person to be charged with this felony, he must (1) physically injure someone; (2) throw potentially damaging objects at him; (3) use tear gas, mace, or similar agents against him; or (4) throw paint, dye, or any other offensive substance at him. The assault must be done while the official or employee is performing his duties and in order to keep him from doing so. (PA 99-204 adds throwing bodily fluids, such as blood, urine, or feces to this offense.)

PA 99-247 AN ACT CONCERNING THE RIGHTS OF VICTIMS, THE NOTIFICATION OF SCHOOLS OF POTENTIALLY DANGEROUS STUDENTS, THE RETENTION OF SEIZED CURRENCY, AND THE WITNESS PROTECTION PROGRAM

The act requires DCF to notify a school superintendent before it releases a serious juvenile offender it believes in good faith poses a threat of imminent personal injury to anyone at school. The superintendent is responsible for notifying the school principal that the child may be dangerous. The principal, in turn, can tell the school's psychologists, social workers, and other special services staff so they can assess the risks the child poses and make appropriate changes to his education plan or placement.

PA 99-259 AN ACT ESTABLISHING A SCHOOL VIOLENCE PREVENTION PROGRAM

This act establishes a pretrial diversion program for public or private secondary school students charged with crimes involving the use or threatened use of physical violence in or on elementary or secondary school property or at a school-sponsored activity. It establishes a similar program for children under 16 accused of delinquent acts involving the use or threatened use of violence in or on school property or at a school-sponsored activity.

Each program consists of at least eight group counseling sessions in anger management and nonviolent conflict resolution.

The act requires the student's parent or guardian to pay for the programs unless the parent or guardian files with the court an affidavit of indigency or inability to pay and the court makes a finding of indigency or inability. (The act does not specify the program's costs.)

The act requires the Office of Alternative Sanctions to contract with service providers for the criminal diversion program, develop standards, and oversee appropriate school violence prevention programs to meet the act's requirements regarding a program for students being prosecuted for criminal conduct.

Criminal Diversion Program

Eligibility Conditions. To be eligible for the program, the student and his parent or guardian, must certify under penalty of false statement, that to the best of their knowledge and belief, they do not possess any firearms, dangerous weapons, drugs, or other property or materials, which are illegal for them to possess. The student must also agree to: (1) the tolling of the statute of limitations for the crime; (2) a waiver of his right to a speedy trial; and (3) participate in, and successfully complete, a school violence prevention program offered by a provider that has contracted with the Office of Alternative Sanctions.

Application for Pretrial Diversion Program. The court must order the file sealed if the applicant for the school violence prevention program states under oath, in open court, under penalties of perjury that he has never been referred to the program before or been convicted of a violent crime at school or at a school event in Connecticut or elsewhere. The court, after considering the prosecutor's recommendation may, in its discretion, grant the application.

If the court does so, it must refer the matter to the Bail Commission for assessment and confirmation of the applicant's eligibility. The act allows the Bail Commission to rely on the applicant's sworn in-court representations.

If the Bail Commission confirms the student's eligibility, he must be referred to the Office of Alternative Sanctions for evaluation and placement in an appropriate school violence prevention program for one year.

If the commission informs the court the student is ineligible, or the court determines he is ineligible, or the program provider certifies the student did not successfully complete the program, the court must unseal the file, enter a not guilty plea on the student's behalf, and immediately place the case on the trial list.

Supervising and Completion of the Program. The Office of Alternative Sanctions must monitor the defendant's participation in the program and his compliance with court orders including maintaining contacts with school students and officials. The court must dismiss the charges on the defendant's or its own motion if it finds the defendant has satisfactorily completed the program and one year has elapsed since he was placed in it.

Delinquency Diversion Program

Eligibility. To be eligible for the school violence prevention program for juveniles in delinquency proceedings, the child must agree to satisfactorily complete a program of anger management and nonviolent conflict resolution consisting of at least eight group counseling sessions and comply with any court order. The parents or guardians, as a condition of eligibility, must certify under penalty of false statement that, to the best of their knowledge and belief, neither they nor the child possess any firearms, dangerous weapons, controlled substances, or other property or materials which are illegal for them to possess.

The court may order the suspension of the delinquency proceedings for one year and order the child to participate in a school violence prevention program if it finds (1) the child needs and is likely to benefit from the program, and (2) it will advance the interests of justice.

If the court denies the motion, the juvenile prosecutor may proceed with the delinquency proceedings. Any court order granting or denying a motion to suspend the proceedings is not a final order and thus may not be immediately appealed.

Program Supervision and Completion. The child must be supervised by a juvenile probation officer while in the program. The officer must monitor the child's compliance with the court's orders.

At any time before the program period ends, but no later than one month before the end of the program period, the juvenile probation officer must notify the court of the program's impending conclusion for the student and report on whether the child has satisfactorily completed the program and otherwise complied with all other court ordered conditions.

The court may dismiss the charges if it finds the child has done so. If the court determines the child has not done so, it may terminate the suspension of the delinquency proceedings, and the delinquency proceedings may continue.

PA 99-2 JUNE SPECIAL SESSION

This act makes a number of changes concerning sexual offenders. It establishes a new serious sexual offender prosecution proceeding for juveniles accused of sexual crimes who are not transferred to adult court. A juvenile convicted during this proceeding must be sentenced to at least five years of special probation, in addition to a regular juvenile and conditional adult sentence, which can last into adulthood.

PA 00-154 AN ACT CONCERNING RACIAL DISPARITY IN THE CRIMINAL JUSTICE SYSTEM

 

This act creates the 21-member Commission on Racial and Ethnic Disparity in the criminal justice system and establishes its duties. The commission, which the chief court administrator chairs, must meet as it deems necessary and among other things:

Juvenile Justice Plan

 

The commission's juvenile justice plan must include (1) development of standard risk assessment policies and an impartial review system; (2) culturally appropriate diversion programs for minority juveniles accused of nonviolent felonies; (3) intensive, in-home services to families of pretrial delinquents and youths on probation; (4) school programs for juveniles being transferred from detention centers, Long Lane, or the Connecticut Juvenile Training School; (5) recruitment of minority employees to serve at all levels of the juvenile justice system; (6) use of minority juvenile specialists to guide minority juvenile offenders and their families through the system; and (7) community service options instead of detention for juveniles arrested for nonserious offenses.

 

Commission Membership

 

In addition to the chief court administrator, the commission consists of one member appointed by each of the six legislative leaders; a municipal police chiefs' representative; a representative of a coalition representing police and correction officers; two gubernatorial appointees; and the following or their designees:

PA 00-172 AN ACT REQUIRING THE EVALUATION OF THE COSTS AND BENEFITS OF PROGRAMS SERVING JUVENILE OFFENDERS

This act requires the chief court administrator to enter an agreement with the Connecticut Policy and Economic Council (CPEC) to evaluate programs serving juvenile offenders. The evaluation must determine if programs offered by state or municipal agencies or private providers are cost-effective in reducing recidivism. CPEC must submit a preliminary report on its activities to the Judiciary and Human Services committees by January 1, 2001.

It creates a board to advise CPEC in the evaluation. The board is composed of the children and families and correction commissioners and the chief court administrator, or their designees, and the chairmen and ranking members of the Judiciary and Human Services committees.

CPEC Evaluation

The evaluation must determine the extent to which each program evaluated:

BACKGROUND

CPEC. CPEC is a nonprofit, nonpartisan public research organization supported by businesses, professional firms, municipalities, and civic organizations. It conducts research and analysis of local and state tax and spending policies, economic competitiveness, education, and transportation.

PA 00-209 AN ACT CONCERNING ESCAPE FROM CUSTODY, YOUTHFUL OFFENDERS AND REARREST WARRANTS

 

This act makes certain delinquent juveniles guilty of the crime of escape from custody if they fail to return from an authorized leave or escape from a facility where they have been placed by the Department of Children and Families (DCF). It also allows release of any information necessary to facilitate their return to custody and allows it to be released to more than just law enforcement agencies.

The act allows law enforcement agencies to release information about youthful offenders who have escaped from the institution to which they have been committed or for whom an arrest warrant has been issued. Such information could already be released about juveniles under age 16 who escape from a detention center or facility where they have been placed.

The act allows a judge to enter a rearrest warrant in a central computer system, and the person named in the warrant may be arrested based on the warrant's existence in the system.

Finally, it allows the court to grant accelerated rehabilitation to someone previously adjudged a youthful offender, provided at least five years have passed since that occurred.

 

Escape from Custody

 

The act makes a convicted delinquent who has been committed to DCF guilty of escape from custody if he (1) fails to return from a leave authorized by the DCF commissioner or (2) escapes from a public or private facility where DCF placed him.

Escape from custody is a class C felony if the escapee's underlying offense is a felony and a class A misdemeanor otherwise (see Table on Penalties).

 

Release of Information Concerning Juvenile Escapees

 

Previously, the superintendent or director of a juvenile institution or facility had to disclose its records to appropriate law enforcement agencies when a child failed to return from an authorized leave. Under the act, only information necessary to facilitate the child's return can be released, instead of all records created or obtained by the agency. But the information can be disclosed to anyone, not just law enforcement agencies.

 

Paperless Rearrest Warrents

 

The act allows the court to have a rearrest warrant entered into a central computer system, and its existence in the system constitutes prima facie evidence of the issuance of the warrant. Anyone named in the warrant may be rearrested based on the warrant's existence in the system. Anyone arrested upon such a warrant must be given a copy of it.

 

Accelerated Rehabilitation and Youthful Offender Status

 

Under prior law, any person previously adjudged a youthful offender was ineligible for accelerated rehabilitation. The act removes this restriction for people who were not adjudged a youthful offender within the preceding five years. In determining whether to grant accelerated rehabilitation to someone previously adjudged a youthful offender, the court must have access to the person's youthful offender records and may consider the nature and circumstances of the crime the person was charged with as a youth.

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