Sec. 54-76b. Youthful offenders: Definitions. For the purpose of sections 54-76b to 54-76n, inclusive, "youth" means a minor who has reached the age of sixteen years but has not reached the age of eighteen years or a child who has been transferred to the regular criminal docket pursuant to section 46b-127; and "youthful offender" means a youth who is charged with the commission of a crime which is not a class A felony or a violation of subdivision (2) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a- 71, 53a-72a or 53a-72b, who has not previously been convicted of a felony or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120, or a youthful offender, or been afforded a pretrial program for accelerated rehabilitation under section 54-56e, and who is adjudged a youthful offender pursuant to the provisions of said sections. The Interstate Compact on Juveniles, except the provisions of article four thereof, shall apply to youthful offenders to the same extent as to minors below sixteen years of age.
(1971, P.A. 72, S. 1; P.A. 79-581, S. 9; P.A. 81-472, S. 94, 159; P.A. 89-383, S. 15, 16; July Sp. Sess. P.A. 94-2, S. 7; P.A. 95-142, S. 5; 95-225, S. 33.)
History: P.A. 79-581 specified that those who have "been afforded a pretrial program for accelerated rehabilitation under section 54-76p" are not to be considered as youthful offenders; P.A. 81-472 made technical changes; P.A. 89-383 revised in part definition of "youthful offender" by replacing "a youth who has committed a crime or crimes which are not class A felonies" with "a youth who is charged with the commission of a crime which is not a violation of section 53a- 70a or a class A felony"; July Sp. Sess. P.A. 94-2 included in the definition of "youth" a child who has been transferred to the regular criminal docket pursuant to Subdiv. (2) of Subsec. (a) of Sec. 46b-127; P.A. 95-142 redefined "youthful offender" to exclude a youth who is charged with the commission of a violation of Subdiv. (2) of Sec. 53-21 or of Sec. 53a-70, 53a-70b, 53a-71, 53a-72a or 53a-72b; P.A. 95-225 redefined "youthful offender" to exclude a youth who has previously been adjudged a serious juvenile offender or a serious juvenile repeat offender and made a technical change.
Cited. 173 C. 414, 419. Cited. 179 C. 98, 99. Overruled State v. Bell, 179 C. 98, in determining that an order denying youthful offender status is not an appealable final judgment. 192 C. 85, 87, 92. Cited. 205 C. 638, 667. Cited. 240 C. 743.
Cited. 6 CA 505, 509. Cited. 8 CA 607, 615, 616. Cited. 20 CA 101, 102.
Cited. 30 CS 71.

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Sec. 54-76c. Motion for investigation of eligibility to be adjudged youthful offender. In any case where an information or complaint has been laid charging a defendant with the commission of a crime, and where it appears that the defendant is a youth, upon motion of the defendant, his counsel, the state's attorney or the prosecuting attorney, as the case may be, to the court having jurisdiction that an investigation be made of such defendant for the purpose of determining whether he is eligible to be adjudged a youthful offender, the court shall, but only as to the public, order the court file sealed. The court on its own motion may, but only as to the public, order the court file sealed in the case of a youth charged with crime.
(1971, P.A. 72, S. 2; P.A. 98-81, S. 9.)
History: P.A. 98-81 changed "information or complaint" to "court file".
Cited. 173 C. 414, 419. Cited. 179 C. 98, 99. Cited. 188 C. 565, 566. Cited. 192 C. 85, 87.
Cited. 8 CA 607, 609, 617.
Cited. 30 CS 71.

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Sec. 54-76d. Determination by court. (a) If the court grants such motion or if the court on its own motion determines that the defendant should be investigated hereunder and the defendant consents to physical and mental examinations, if deemed necessary, and to investigation and questioning, and to a trial without a jury, should a trial be had, the information or complaint shall be held in abeyance and no further action shall be taken in connection with such information or complaint until such examinations, investigation and questioning are had of the defendant. Investigations under sections 54-76b to 54-76n, inclusive, shall be made by an adult probation officer. When the information or complaint charges commission of a felony, the adult probation officer shall include in the investigation a summary of any unerased juvenile record of adjudications of the defendant.
(b) Upon the termination of such examinations, investigation and questioning, the court, in its discretion based on the severity of the crime, which shall also take into consideration whether or not the defendant took advantage of the victim because of the victim's advanced age or physical incapacity, and the results of the examinations, investigation and questioning, shall determine whether such defendant is eligible to be adjudged a youthful offender. If the court determines that the defendant is eligible to be so adjudged, no further action shall be taken on the information or complaint and the defendant shall be required to enter a plea of "guilty" or "not guilty" to the charge of being a youthful offender. If the court determines the defendant ineligible to be so adjudged, it shall order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceeding hereunder had not been had.
(1971, P.A. 72, S. 3; P.A. 77-362; P.A. 79-581, S. 10.)
History: P.A. 77-362 required consideration of whether or not defendant took advantage of victim because of victim's advanced age or physical incapacity in determining eligibility for youthful offender status in Subsec. (b); P.A. 79-581 amended Subsec. (a) to require inclusion of summary of unreleased juvenile record of adjudications in investigation where information or complaint charges commission of a felony.
Cited. 173 C. 414, 419. Cited. 179 C. 98, 100. Cited. 192 C. 85, 87.
Cited. 8 CA 607, 617.
Cited. 30 CS 71. Cited. 37 CS 755, 766.
Subsec. (a):
Cited. 179 C. 98, 99. Cited. 188 C. 565, 566.
Subsec. (b):
Cited. 179 C. 98, 100, 101. Cited. 188 C. 565−568
Cited. 8 CA 607, 618.

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Sec. 54-76e. Trial to determine youthful offender status. If the defendant enters a plea of "not guilty" or if the court on its own motion so directs, the defendant shall be tried for the purpose of determining whether he shall be adjudged a youthful offender. The trial shall be held by the court without a jury.
(1971, P.A. 72, S. 4.)
Cited. 173 C. 414, 419. Cited. 179 C. 98, 100. Cited. 192 C. 85, 91.
Cited. 8 CA 607, 617.
Cited. 30 CS 71. Cited. 37 CS 755, 766.

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Sec. 54-76f. Statements of defendant inadmissible. No statement, admission or confession made by the defendant to the court or to any person designated by the court to conduct the examinations, investigation and questioning referred to in section 54- 76d shall ever be admissible as evidence against him or his interest, except that the court may take such statement, admission or confession into consideration at the time of sentencing such defendant, if the defendant has been adjudged a youthful offender, or has been found guilty of the crime charged in the information or complaint upon which the proceedings hereunder were based, or any subsequent crime.
(1971, P.A. 72, S. 5.)
Cited. 173 C. 414, 419.
Cited. 30 CS 71.

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Sec. 54-76g. Judgment of youthful offender status. If the defendant enters a plea of guilty to the charge of being a youthful offender or if, after trial, the court finds that he committed the acts charged against him in the information or complaint, the court shall adjudge the defendant to be a youthful offender and the information or complaint shall be considered a nullity and of no force or effect.
(1971, P.A. 72, S. 6.)
Cited. 173 C. 414, 419. Cited. 179 C. 98, 100, 101. Cited. 190 C. 715, 716.
Cited. 8 CA 607, 608, 618. Cited. 21 CA 645, 646.
Cited. 30 CS 71.

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Sec. 54-76h. Proceedings private. Segregation of defendant in place of detention. All of the proceedings except proceedings on the motion under section 54-76c had under the provisions of sections 54-76b to 54-76n, inclusive, shall be private and shall be conducted in such parts of the courthouse or the building wherein court is located as shall be separate and apart from the other parts of the court which are then being held for proceedings pertaining to adults charged with crimes. If such defendant is committed while such examination and investigation is pending, before trial, during trial or after judgment and before sentence, those persons in charge of the place of detention shall segregate such defendant, to the extent of their facilities, from defendants over the age of eighteen years charged with crime.
(1971, P.A. 72, S. 7.)
Cited. 173 C. 414, 419. Cited. 179 C. 98, 99. Cited. 189 C. 92, 95, 98 (Diss. Op.). Cited. 192 C. 85, 90. Cited. 195 C. 303, 313. Cited. 240 C. 743.
Presence of parents during testimony of their minor child as a witness should be allowed during youthful offender proceedings with instruction given as to requirement of secrecy. Defendant's statutory right to privacy not absolute. 8 CA 607, 611, 612.
Cited. 30 CS 71. Cited. 38 CS 675, 679.

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Sec. 54-76i. Court powers over person of defendant. Pending and during the investigation, trial, adjudication or acquittal of the defendant, or any other proceedings under sections 54-76b to 54-76n, inclusive, the court to which the recommendation for the investigation has been made shall have the same powers over the person of the defendant as it would have in the case of an adult charged with crime.
(1971, P.A. 72, S. 8.)
Cited. 173 C. 414, 419.
Cited. 30 CS 71.

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Sec. 54-76j. Disposition upon adjudication as youthful offender. (a) The court, upon the adjudication of any person as a youthful offender, may (1) commit the defendant, (2) impose a fine not exceeding one thousand dollars, (3) impose a sentence of conditional discharge or a sentence of unconditional discharge, (4) impose a sentence of community service, (5) impose a sentence to a term of imprisonment not greater than that authorized for the crime committed by the defendant, (6) impose sentence and suspend the execution of the sentence, entirely or after a period set by the court, (7) order treatment pursuant to section 17a-699, or (8) if a criminal docket for drug-dependent persons has been established pursuant to section 51-181b in the judicial district in which the defendant was adjudicated a youthful offender, transfer the supervision of the defendant to the court handling such docket.
(b) If execution of the sentence is suspended under subdivision (6) of subsection (a), the defendant may be placed on probation or conditional discharge for a period not to exceed three years, provided the court in its discretion may from time to time, while such probation is in force, extend such probation for a period not to exceed five years, including the original probationary period. If the court places the person adjudicated to be a youthful offender on probation, the court may order that as a condition of such probation the person be referred for services to a youth service bureau established pursuant to section 17a-39, provided the court finds, through an assessment by a youth service bureau or its designee, that the person is in need of and likely to benefit from such services. If the court places a person adjudicated as a youthful offender on probation, the court may order that as a condition of such probation the person participate in the zero-tolerance drug supervision program established pursuant to section 53a-39d. If the court places a youthful offender on probation, school and class attendance on a regular basis and satisfactory compliance with school policies on student conduct and discipline may be a condition of such probation and, in such a case, failure to so attend or comply shall be a violation of probation. If the court has reason to believe that the person adjudicated to be a youthful offender is or has been an unlawful user of narcotic drugs as defined in section 21a-240, and the court places such youthful offender on probation, the conditions of probation, among other things, shall include a requirement that such person shall submit to periodic tests to determine, by the use of "synthetic opiate antinarcotic in action", nalline test or other detection tests, at a hospital or other facility, equipped to make such tests, whether such person is using narcotic drugs. A failure to report for such tests or a determination that such person is unlawfully using narcotic drugs shall constitute a violation of probation.
(c) Commitment hereunder shall be for a period not to exceed the term of imprisonment authorized for the crime committed by the defendant and shall be to any religious, charitable or other correctional institution authorized by law to receive persons over the age of sixteen years. Whenever a youthful offender is committed by the court to any duly authorized religious, charitable or other institution, other than an institution supported or controlled by the state or a subdivision thereof, such commitment shall be made, when practicable, to a religious, charitable or other institution under the control of persons of the same religious faith or persuasion as that of the youthful offender. If a youthful offender is committed by the court to any institution other than an institution supported or controlled by the state or a subdivision thereof, which is under the control of persons of a religion or persuasion different from that of the youthful offender, the court shall state or recite the facts which impel it to make such disposition, and such statement shall be made a part of the record of the proceedings.
(1971, P.A. 72, S. 9; P.A. 78-17; P.A. 79-269; P.A. 94-136, S. 1; 94-221, S. 12; P.A. 95-225, S. 43; P.A. 97-248, S. 9, 12; P.A. 99-187, S. 6.)
History: P.A. 78-17 replaced suspended sentence with imposition of conditional or unconditional discharge and authorized placement of defendant on probation for cases where sentence imposed but execution of judgment suspended where previously probation was authorized for suspended sentence as well; P.A. 79-269 authorized imposition of sentence of community service; P.A. 94-136 inserted Subsec. indicators, amended Subsec. (a) to add a new Subdiv. (5) authorizing the court to impose a sentence to a term of imprisonment not greater than that authorized for the crime committed by the defendant, renumber former Subdiv. (5) as Subdiv. (6) and authorize the court to suspend execution of the sentence "entirely or after a period set by the court" and add Subdiv. (7) authorizing the court to order treatment pursuant to Sec. 17a-656, amended Subsec. (b) to authorize the court to place the defendant on conditional discharge and amended Subsec. (c) to change the maximum period of commitment from three years to "the term of imprisonment authorized for the crime committed by the defendant"; P.A. 94-221 authorized requiring school and class attendance and compliance with school policies on student conduct and discipline to be a condition of probation and, in such a case, made failure to so attend and comply a violation of probation; P.A. 95-225 amended Subsec. (b) to add provision authorizing the court to order that as a condition of probation the person be referred for services to a youth service bureau if the court finds that the person is in need of and likely to benefit from such services; P.A. 97-248 amended Subsec. (a) to correct a statutory reference in Subdiv. (7) and add Subdiv. (8) to authorize the court to transfer the supervision of the defendant to the court handling the criminal docket for drug-dependent persons if such a docket has been established in the judicial district, effective July 1, 1997; P.A. 99-187 amended Subsec. (b) to add provision authorizing the court to order as a condition of probation that the person participate in the zero-tolerance drug supervision program established pursuant to Sec. 53a-39d.
Cited. 173 C. 414, 419. Cited. 190 C. 715, 717. Only one penalty allowed upon his adjudication as a youthful offender in one or more matters. 8 CA 607, 615, 618−620. Cited. 240 C. 743.
Conflict with section 18-75. 30 CS 71.

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Sec. 54-76k. Determination of youthful offender status not to disqualify for office, license, etc. No determination made under the provisions of sections 54-76b to 54-76n, inclusive, shall operate as a disqualification of any youth subsequently to hold public office or public employment, or as a forfeiture of any right or privilege to receive any license granted by public authority and no youth shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.
(1971, P.A. 72, S. 10.)
Cited. 173 C. 414, 419. Cited. 196 C. 122, 128. Cited. 240 C. 743.
Cited. 32 CA 687, 703.
Cited. 30 CS 71.

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Sec. 54-76l. Records confidential. Exceptions. (a) The records of any youth adjudged a youthful offender, including fingerprints, photographs and physical descriptions, shall be confidential and shall not be open to public inspection or be disclosed except as provided in this section, but such fingerprints, photographs and physical descriptions submitted to the State Police Bureau of Identification of the Division of State Police within the Department of Public Safety at the time of the arrest of a person subsequently adjudged a youthful offender shall be retained as confidential matter in the files of such bureau, and be opened to inspection only as hereinafter provided. Other data ordinarily received by such bureau, with regard to persons arrested for a crime, shall be forwarded to the bureau to be filed, in addition to the fingerprints, photographs and physical descriptions as mentioned above, and be retained in the division as confidential information, open to inspection only as hereinafter provided.
(b) The records of any youth adjudged a youthful offender on or after October 1, 1995, or any part thereof, may be disclosed to and between individuals and agencies, and employees of such agencies, providing services directly to the youth including law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials, the Division of Criminal Justice, the Office of Adult Probation, the Office of the Bail Commission, the Board of Parole and an advocate appointed pursuant to section 54-221 for a victim of a crime committed by the youth. Such records shall also be available to the attorney representing the youth, in any proceedings in which such records are relevant, to the parents or guardian of such youth, until such time as the youth reaches the age of majority or is emancipated, and to the youth upon his emancipation or attainment of the age of majority, provided proof of the identity of such youth is submitted in accordance with guidelines prescribed by the Chief Court Administrator. Such records disclosed pursuant to this subsection shall not be further disclosed.
(c) The records of any youth adjudged a youthful offender, or any part thereof, may be disclosed upon order of the court to any person who has a legitimate interest in the information and is identified in such order. Records or information disclosed pursuant to this subsection shall not be further disclosed.
(d) The records of any youth adjudged a youthful offender, or any part thereof, shall be available to the victim of the crime committed by such youth to the same extent as the record of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior Court is available to a victim of the crime committed by such defendant. The court shall designate an official from whom such victim may request such information. Information disclosed pursuant to this subsection shall not be further disclosed.
(e) Any reports and files held by the Office of Adult Probation regarding any youth adjudged a youthful offender may be disclosed to the Office of the Bail Commission for the purpose of performing the duties contained in section 54-63b.
(f) Information concerning any youth adjudged a youthful offender who has escaped from an institution to which such youth has been committed or for whom an arrest warrant has been issued may be disclosed by law enforcement officials.
(1971, P.A. 72, S. 11; P.A. 76-333, S. 6; P.A. 77-486, S. 4, 5; 77-614, S. 486, 610; P.A. 80-165, S. 2; P.A. 81-472, S. 95, 159; P.A. 82-140, S. 2; P.A. 94-221, S. 16; July Sp. Sess. P.A. 94-2, S. 11; P.A. 95-225, S. 34; 95-261, S. 3; P.A. 98- 81, S. 10; 98-256, S. 12; P.A. 99-215, S. 17; P.A. 00-209, S. 3.)
History: P.A. 76-333 added the word "police" in agency designated as "state police bureau of identification"; P.A. 77- 486 required that records be made available to judges and adult probation officers in connection with sentencing procedures; P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 80-165 added provision re availability of records to crime victims; P.A. 81-472 made technical corrections; P.A. 82- 140 permitted disclosure of identity of person charged to the victim if victim intends to bring a civil action for damages or person is adjudged a youthful offender; P.A. 94-221 replaced alphabetic with numeric Subdiv. indicators and added Subdiv. (3) re the disclosure of the identity of a person who is adjudged a youthful offender to the superintendent of schools for the school district in which such person resides and limited the use of such information by the superintendent; July Sp. Sess. P.A. 94-2 added a new Subdiv. (3) re the availability to a state's attorney of records concerning a youth adjudged a youthful offender for the violation of certain firearm-related offenses, renumbering former Subdiv. (3) as Subdiv. (4); P.A. 95-225 substantially revised section by designating existing provisions as Subsec. (a) and amending said Subsec. to specify that the records shall be confidential and not be disclosed except as provided in this section, delete former Subdivs. (1) to (4), inclusive, re exceptions to the prohibition on disclosure and delete provision that granted any institution to which a youth is committed the right to inspect any of the records of any person committed to it as a youthful offender without a court order, adding Subsec. (b) re disclosure of the records to certain individuals and agencies, adding Subsec. (c) re disclosure of the records to any person who has a legitimate interest therein upon order of the court and adding Subsec. (d) re availability of the records to the victim of the crime; P.A. 95-261 added Subsec. (b), designated by the Revisors as Subsec. (e), re disclosure of reports and files of Office of Adult Probation re youth adjudged youthful offender to Office of the Bail Commission; P.A. 98-81 amended Subsec. (b) by adding provision that records be available to attorney representing youth, parent or guardian, until youth reaches age of majority or is emancipated, and to youth upon attainment of age of majority, provided proof of identity of such youth is submitted to court in accordance with guidelines prescribed by Chief Court Administrator; P.A. 98-256 amended Subsec. (b) to make provisions applicable to records of a youth adjudged a youthful offender "on or after October 1, 1995"; P.A. 99-215 amended Subsec. (b) by adding "emancipation or" and making a technical change; P.A. 00-209 added new Subsec. (f) authorizing the disclosure by law enforcement officials of information concerning a youth who has escaped from an institution or for whom an arrest warrant has been issued.
Cited. 173 C. 414, 419. Cited. 179 C. 98, 99. Cited. 189 C. 92, 95, 98 (Diss. Op.). Cited. 192 C. 85, 90. Cited. 240 C. 743.
Cited. 34 CA 535.
Cited. 30 CS 71. Cited. 33 CS 599. Cited. 38 CS 675, 679.

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Sec. 54-76m. Age of defendant at time of crime controlling. The age of the youthful offender at the time of the commission of the crime set forth in the information or complaint shall determine whether he is entitled to the benefits provided by sections 54-76b to 54-76n, inclusive, and the provisions thereof shall apply to crimes committed prior, as well as subsequent, to October 1, 1971.
(1971, P.A. 72, S. 12.)
Cited. 173 C. 414, 419.
Cited. 30 CS 71.

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Sec. 54-76n. Application of criminal law. The provisions of titles 53, 53a and 54, including the right of appeal, shall apply to sections 54-76b to 54-76m, inclusive, insofar as they are applicable and not inconsistent herewith.
(1971, P.A. 72, S. 13.)
Cited. 173 C. 414, 419.
Cited. 30 CS 71.

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Sec. 54-76o. Erasure of police and court records of youthful offender. Whenever any person has been adjudicated a youthful offender and has subsequently been discharged from the supervision of the court or from the care of any institution or agency to whom he has been committed by the court, all police and court records pertaining to such youthful offender shall be automatically erased when such person attains twenty- one years of age, provided such person has not subsequent to being adjudged a youthful offender been convicted of a felony, as defined in section 53a-25, prior to attaining such age. Youthful offender status shall not be deemed conviction of a crime for the purposes of this section. Upon the entry of such an erasure order, all references including arrest, complaint, referrals, petitions, reports and orders, shall be removed from all agency, official and institutional files. The persons in charge of such records shall not disclose to any person, except the subject of the record, upon submission of satisfactory proof of the subject's identity in accordance with guidelines prescribed by the Chief Court Administrator, information pertaining to the record so erased. No youth who has been the subject of such an erasure order shall be deemed to have been arrested ab initio, within the meaning of the general statutes, with respect to proceedings so erased. Copies of the erasure order shall be sent to all persons, agencies, officials or institutions known to have information pertaining to the proceedings affecting such youth.
(1972, P.A. 20, S. 1; P.A. 77-486, S. 3, 5; P.A. 92-115, S. 1, 2.)
History: P.A. 77-486 replaced provision which had required erasure of records pertaining to youthful offenders upon receipt of petition filed by youths, their parents or guardians if two years have elapsed from date of discharge with new provisions requiring automatic erasure when offenders reach twenty-one if they have not subsequently been convicted of a felony and specifying that youthful offender status is not deemed to be conviction of a crime; P.A. 92-115 added provision that records may be disclosed to subject of the record, upon submission of proof of identity in accordance with guidelines prescribed by chief court administrator.
Cited. 173 C. 414, 419. Cited. 179 C. 98, 99. Cited. 183 C. 183, 187. Cited. 189 C. 92, 95, 98 (Diss. Op.). Cited. 192 C. 85, 90. Cited. 240 C. 743.
Cited. 30 CS 71. Cited. 38 CS 675, 679.

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Sec. 54-76p. Transferred to Chapter 960, Sec. 54-56e.

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