Connecticut Seal

House Bill No. 5564

Public Act No. 04-152

AN ACT PROHIBITING THE PLACEMENT OF FEMALE JUVENILE OFFENDERS AT THE CONNECTICUT JUVENILE TRAINING SCHOOL.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsections (j) and (k) of section 46b-140 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(j) Except as otherwise provided in this section, the court may order a child be (1) committed to the Department of Children and Families and be placed directly in a residential facility within this state and under contract with said department, or (2) committed to the Commissioner of Children and Families for placement by the commissioner, in said commissioner's discretion, (A) with respect to the juvenile offenders determined by the Department of Children and Families to be the highest risk, in the Connecticut Juvenile Training School, if the juvenile offender is a male, or [other] in another state facility, presumptively for a minimum period of twelve months, or (B) in a private residential or day treatment facility within or outside this state, or (C) on parole. The commissioner shall use a risk and needs assessment classification system to ensure that male children who are in the highest risk level will be placed in the Connecticut Juvenile Training School.

[(k) Any female child committed to the Connecticut Juvenile Training School shall be separated from any contact with male children in said facility. Separation shall be accomplished through architectural means, through time-phasing of common use nonresidential areas and through policies and procedures. No program activities may be shared by female and male children in said facility. For the purposes of this subsection, "contact" includes any physical or sustained sight or sound contact; "sight contact" means clear visual contact between female and male children within close proximity to each other; and "sound contact" means direct oral communication between female and male children. ]

(k) On or after the effective date of this section, no female child committed to the Department of Children and Families shall be placed in the Connecticut Juvenile Training School. Any female child placed in the Connecticut Juvenile Training School before the effective date of this section shall be transferred to another appropriate facility not later than ninety days after the effective date of this section.

Sec. 2. Section 7-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

When any [boy or girl] child committed to the Connecticut Juvenile Training School dies, the superintendent shall cause immediate notice thereof to be sent by mail to the registrar of vital statistics of the town from which such [boy or girl] child was so committed.

Sec. 3. Section 17a-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) When the commissioner, or the commissioner's designee, determines that a change of program is in the best interest of any child or youth committed or transferred to the department, the commissioner or the commissioner's designee, may transfer such person to any appropriate resource or program administered by or available to the department, to any other state department or agency, or to any private agency or organization within or without the state under contract with the department; provided no child or youth voluntarily admitted to the department under section 17a-11, as amended, shall be placed or subsequently transferred to the Connecticut Juvenile Training School; and further provided no transfer shall be made to any institution, hospital or facility under the jurisdiction of the Department of Correction, except as authorized by section 18-87, as amended, unless it is so ordered by the Superior Court after a hearing. When, in the opinion of the commissioner, or the commissioner's designee, a person fourteen years of age or older is dangerous to himself or herself or others or cannot be safely held at the Connecticut Juvenile Training School, if a male, or at any other facility within the state available to the Commissioner of Children and Families, the commissioner, or the commissioner's designee, may request an immediate hearing before the Superior Court on the docket for juvenile matters where such person was originally committed to determine whether such person shall be transferred to the John R. Manson Youth Institution, Cheshire, if a male, or the Connecticut Correctional Institution, Niantic, if a female. The court shall, within three days of the hearing, make such determination. If the court orders such transfer, the transfer shall be reviewed by the court every six months thereafter to determine whether it should be continued or terminated, unless the commissioner has already exercised the powers granted to the commissioner under section 17a-13 by removing such person from the John R. Manson Youth Institution, Cheshire or the Connecticut Correctional Institution, Niantic.

(b) Unless ordered by the Superior Court at the time of commitment, no child or youth committed to the commissioner shall be placed in or transferred to a state-operated residential mental health facility under the jurisdiction of the commissioner without a hearing before the commissioner or the commissioner's designee. Such hearing shall be conducted in accordance with the provisions of chapter 54.

(c) Notwithstanding the provisions of subsection (b) of this section, (1) any delinquent child, if a male, may be placed at any time in the Connecticut Juvenile Training School, and (2) the commissioner may transfer any child or youth committed to the commissioner to any institution, hospital or facility for mentally ill children under the commissioner's jurisdiction for a period not to exceed fifteen days if the need for such emergency treatment is certified by a psychiatrist licensed to practice medicine by the state.

Approved May 21, 2004