AN ACT IMPLEMENTING THE PLAN OF THE JUVENILE JURISDICTION PLANNING AND IMPLEMENTATION COMMITTEE.

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

Section 1. (NEW) (Effective July 1, 2008) (a) The Chief Court Administrator shall, within available resources, establish regional youth courts within this state. Such courts shall be utilized for juvenile justice matters before the Superior Court, including, but not limited to, delinquency proceedings concerning children. In establishing such courts, the Chief Court Administrator shall consult with the judges of the Superior Court who hear such juvenile justice matters.

(b) The Chief Court Administrator may establish a regional youth court under this section in any existing court facility and shall maximize use of court facilities that may otherwise be unused or substantially underutilized.

Sec. 2. Section 46b-121i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) The Judicial Department shall:

(1) Coordinate programs and services of the juvenile justice system with other state and municipal agencies, boards and commissions;

(2) Develop and use intake and assessment procedures for the evaluation of juveniles;

(3) Provide case management for juveniles;

(4) Provide pretrial diversion and postconviction programs;

(5) Coordinate community-based services for juveniles and their families which promote appropriate reintegration of the juvenile with [his] the juvenile's family, school and community; and

(6) Provide other programs and services necessary to the juvenile justice system.

(b) In developing its programs, the Judicial Department shall:

(1) Develop and implement an independently-validated risk [and] assessment [instruments] instrument for use on a state-wide basis in determining the need for detention or other placement at the time a juvenile enters the system. Such instrument shall use objective factors, including, but not limited to, the factors set forth in subdivision (2) of this subsection, to classify juveniles according to those appropriate for detention, those who be may released with structured supervision and those who may be released without supervision. The instrument shall be designed to minimize the impact of subjective measures that result in disproportionate detention of minorities;

(2) Develop and implement a case classification process to [include the establishment of] establish classification program levels and case management standards for each program level. [A] Each program level [is] shall be based on the following factors: (A) The needs of the juvenile, [his] (B) the offense the juvenile is charged with, (C) the juvenile's potential to be dangerous [and his risk of offending] or offend further, and (D) the potential for the juvenile to fail to appear, or run away prior to, court hearing or disposition;

(3) Not later than July 1, 2010, and annually thereafter, review the risk assessment instrument and the case classification process described in subdivisions (1) and (2) of this subsection and revise the risk instrument and process to meet the needs of juveniles; and

[(3)] (4) Develop and implement a purchase-of-care system, which will facilitate the development of a state-wide community-based continuum of care, with the involvement of the private sector and the local public sector. Care services may be purchased from private providers to provide a wider diversity of services. [This] The system shall maximize the use of federal funds and shall include accessing Title IV-E funds of the federal Social Security Act, as amended from time to time, new Medicaid funds and other funding sources to support eligible community-based services. Such services developed and purchased shall include, but not be limited to, evaluation services which shall be available on a geographically accessible basis across the state.

Sec. 3. Section 46b-121k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) (1) The Court Support Services Division shall [be charged with the duty of developing] develop constructive programs for the prevention and reduction of delinquency and crime among juvenile offenders. To [that end] develop such programs, the executive director of the Court Support Services Division shall cooperate with other agencies to encourage the establishment of new programs and to provide a continuum of services for juvenile offenders who do not require secure placement, including, but not limited to, juveniles classified pursuant to the risk assessment described in section 46b-121i, as amended by this act, as appropriate for release with structured supervision or appropriate for release without supervision. When appropriate, the Court Support Services Division shall coordinate such programs with the Department of Children and Families and the Department of Mental Health and Addiction Services.

(2) The programs shall be tailored to the type of juvenile including the juvenile's offense history, age and development, gender, mental health, [and chemical] alcohol dependency or drug dependency, [problem,] need for structured supervision and other characteristics, and shall be culturally appropriate, trauma-informed and provided in the least restrictive environment possible in a manner consistent with public safety. The Court Support Services Division shall develop programs that provide: [(1)] (A) Intensive general [educational programs] education, with an individual educational plan for each juvenile; [(2) specific educational components in the management of] (B) appropriate job training and employment opportunities; (C) anger management and nonviolent conflict resolution; [(3)] (D) treatment for [chemical] alcohol dependency or drug dependency; [(4)] (E) mental health screening, assessment and treatment; [and (5)] (F) sexual offender treatment; and (G) services for families of juveniles.

(b) The Judicial Department may contract to establish regional secure residential facilities and regional highly supervised residential and nonresidential facilities for juveniles referred by the court. Such facilities shall operate within contracted-for capacity limits. Such facilities shall be exempt from the licensing requirements of section 17a-145.

(c) The Court Support Services Division shall collaborate with private residential facilities providing residential programs and with community-based nonresidential postrelease programs.

(d) Any program developed by the Court Support Services Division that is designed to prevent or reduce delinquency and crime among juvenile offenders shall be gender specific, as necessary, and shall comprehensively address the unique needs of a targeted gender group.

(e) The Court Support Services Division shall ensure that staff and service providers involved in the juvenile justice system are adequately trained to serve the diverse needs of juveniles and that staff is available with expertise in behavioral health, family violence, alcohol dependency, drug dependency and educational disabilities.

(f) The Court Support Services Division may consult with the Commission on Racial and Ethnic Disparity in the Criminal Justice System established pursuant to section 51-10c to address the needs of minorities in the juvenile justice system.

Sec. 4. Subsection (b) of section 46b-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(b) Whenever a child is brought before a judge of the Superior Court, such judge shall immediately have the case proceeded upon as a juvenile matter. Such judge may admit such child to bail or release [him] such child in the custody of his parent or parents, his guardian or some other suitable person to appear before the Superior Court when ordered. If detention becomes necessary or desirable, the same shall be in the manner prescribed by this chapter, provided such child shall be placed in the least restrictive environment possible in a manner consistent with public safety.

Sec. 5. (Effective July 1, 2008) (a) Not later than the effective date of any amendment to section 46b-120 of the general statutes that provides that any person sixteen years of age or older shall be treated as a child for purposes of delinquency matters, the judges of the Superior Court, or in the discretion of the Chief Court Administrator, a committee of said judges designated by the Chief Court Administrator, shall appoint such probation officers, probation aides, clerks, security and detention personnel, clerical assistants, court interpreters and other personnel, including supervisory staff, as they deem necessary for the treatment and handling of such persons in juvenile matters within the venue districts established under section 46b-142 of the general statutes. The Chief Court Administrator may assign, reassign and modify the assignments of such personnel and assign such duties within the Superior Court as the Chief Court Administrator deems necessary for the efficient treatment and handling of such persons.

(b) Not later than the effective date of any amendment to section 46b-120 of the general statutes that provides that any person sixteen years of age or older shall be treated as a child for purposes of delinquency matters, the Chief Court Administrator and the executive director of the Court Support Services Division of the judicial branch shall evaluate the programs and services of the juvenile justice system, including, but not limited to, services provided pursuant to chapter 815t of the general statutes, to ensure that such programs and services meet the needs of such persons sixteen years of age or older, and shall implement, within available resources, any changes deemed necessary in the programs and services.

Sec. 6. (Effective from passage) (a) There is established a Juvenile Jurisdiction Policy and Operations Coordinating Council. The council shall monitor the implementation of the central components of the implementation plan developed by the Juvenile Jurisdiction Planning and Implementation Committee, as set forth in subsection (f) of this section, and resolve issues identified by the committee, as set forth in subsection (g) of this section, concerning changes required in the juvenile justice system to expand jurisdiction to include persons aged sixteen and seventeen.

(b) The council shall consist of the following members:

(1) One member of the General Assembly appointed by the speaker of the House of Representatives;

(2) One child or youth advocate appointed by the president pro tempore of the Senate;

(3) The executive director of the Superior Court Operations Division, or the executive director's designee;

(4) A judge of the superior court for juvenile matters, appointed by the Chief Justice;

(5) The executive director of the Court Support Services Division of the judicial branch, or the executive director's designee;

(6) The Chief Public Defender, or the Chief Public Defender's designee;

(7) The Chief State's Attorney, or the Chief State's Attorney's designee;

(8) The Commissioner of Children and Families, or the commissioner's designee;

(9) The Commissioner of Correction, or the commissioner's designee;

(10) The Commissioner of Education, or the commissioner's designee; and

(11) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee.

(c) All appointments to the council shall be made no later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(d) The council shall select the chairpersons of the council from among the members of the council. Such chairpersons shall schedule the first meeting of the council, which shall be held no later than sixty days after the effective date of this section.

(e) Members of the council shall serve without compensation, except for necessary expenses incurred in the performance of their duties.

(f) Prior to the effective date of any amendment to section 46b-120 of the general statutes that provides that any person sixteen years of age or older shall be treated as a child for purposes of delinquency matters, the council shall monitor the implementation of the central components of the implementation plan, contained in the final report of the Juvenile Jurisdiction Planning and Implementation Committee dated February 8, 2007, including, but not limited to: (1) The development, introduction and validation of a risk assessment instrument; (2) establishment of regional youth courts; and (3) the development and implementation of a comprehensive system of community-based services and residential services for juveniles.

(g) Prior to the effective date of any amendment to section 46b-120 of the general statutes that provides that any person sixteen years of age or older shall be treated as a child for purposes of delinquency matters, the council shall resolve issues identified by the Juvenile Jurisdiction Planning and Implementation Committee in its final report, to prepare for the entrance of persons aged sixteen and seventeen in the juvenile justice system and to improve the juvenile justice system. Such issues include, but need not be limited to, the following:

(1) An assessment of various diversion programs to determine the most appropriate programs for such persons;

(2) The development of comprehensive projections to determine the short-term and long-term placement capacity required to accommodate an expanded juvenile population in the juvenile justice system, including, an identification of pretrial detention facilities and feasible alternatives to detention;

(3) An analysis of the impact of the expansion of juvenile jurisdiction on state agencies and a determination of which state agencies shall be responsible for providing relevant services to juveniles, including, but not limited to, mental health and substance abuse services, housing, education and employment;

(4) An examination of whether raising the age of jurisdiction in the juvenile justice system has consequences for statutes that establish a mandatory age for school attendance;

(5) The treatment of youth in crisis, as defined in subdivision (3) of section 46b-120 of the general statutes;

(6) An examination and modification of offenses categorized as serious juvenile offenses in subdivision (12) of section 46b-120 of the general statutes to ensure that only those juveniles who require a secure setting are detained;

(7) A comparison and analysis of procedures used in the juvenile justice system versus the criminal court system to determine the most suitable procedures for juveniles, including, but not limited to, the most suitable procedures for custodial interrogations;

(8) The treatment of a motor vehicle infraction under the juvenile justice system; and

(9) An examination of school related issues for juveniles, including intervention strategies to reduce the number of suspensions, expulsions and arrests of such juveniles while in school.

(h) Not later than January 1, 2008, and quarterly thereafter, until January 1, 2009, the committee shall submit a status report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and human services, and the select committee of the General Assembly having cognizance of matters relating to children, in accordance with section 11-4a of the general statutes, on implementation of the components in subsection (f) of this section and resolution of the issues identified in subsection (g) of this section.

(i) Not later than January 1, 2009, the council shall submit a final report on such implementation and resolution of issues to the joint standing committee of the General Assembly having cognizance of matters relating to judiciary and human services, and the select committee of the General Assembly having cognizance of matters relating to children, in accordance with section 11-4a of the general statutes.

Sec. 7. (Effective July 1, 2008) (a) The sum of _____ dollars is appropriated to the Judicial Department, from the General Fund, for the fiscal year ending June 30, 2009, for personal services for judges and such probation officers, probation aides, clerks, security and detention personnel, clerical assistants, court interpreters and other personnel, including supervisory staff, as necessary for the treatment and handling of persons sixteen years of age or older in delinquency matters in the juvenile justice system.

(b) The sum of _____ dollars is appropriated to the Judicial Department, from the General Fund, for the fiscal year ending June 30, 2009, for the purpose of funding programs under chapter 815t of the general statutes to address the needs of persons sixteen years of age or older in delinquency matters in the juvenile justice system.

Sec. 8. (Effective July 1, 2008) The sum of ____ dollars is appropriated to the Department of Children and Families, from the General Fund, for the fiscal year ending June 30, 2009, for the purpose of establishing or expanding programs to address the needs of persons sixteen years of age or older in delinquency matters in the juvenile justice system.

Sec. 9. (Effective July 1, 2007) (a) The sum of two hundred fifty thousand dollars is appropriated to the Office of Legislative Management, from the General Fund, for the fiscal year ending June 30, 2008, for the purpose of carrying out the functions of the Juvenile Jurisdiction Policy and Operations Coordinating Council established pursuant to section 6 of this act.

(b) The sum of two hundred fifty thousand dollars is appropriated to the Office of Legislative Management, from the General Fund, for the fiscal year ending June 30, 2009, for the purpose of carrying out the functions of the Juvenile Jurisdiction Policy and Operations Coordinating Council established pursuant to section 6 of this act.

Statement of Purpose:

To implement the plan of the Juvenile Jurisdiction Planning and Implementation Committee.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]