AN ACT CONCERNING YOUTHFUL OFFENDERS AND DELINQUENT CHILDREN.

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

Section 1. Section 54-76c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) 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, such defendant shall be presumed to be eligible to be adjudged a youthful offender and [the court having jurisdiction shall, but only as to the public, order] the court file shall be sealed, but only as to the public, unless such defendant (1) is charged with the commission of a crime which is a class A felony or a violation of subdivision (2) of subsection (a) of section 53-21 of the 2008 supplement to the general statutes or section 53a-70, 53a-70a, 53a-70b, 53a-71 of the 2008 supplement to the general statutes, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, or (2) has been previously convicted of a felony in the regular criminal docket of the Superior Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120 of the 2008 supplement to the general statutes. [Except as provided in subsection (b) of this section, upon] Upon motion of the prosecuting official, the court may order that an investigation be made of such defendant under section 54-76d, as amended by this act, for the purpose of determining whether such defendant is ineligible to be adjudged a youthful offender, provided the court file shall remain sealed, but only as to the public, during such investigation.

(b) [(1)] Upon motion of the prosecuting official and order of the court, the case of any defendant who is a youth and is charged with the commission of a felony, other than a felony set forth in subsection (a) of this section, shall be transferred from the youthful offender docket to the regular criminal docket of the Superior Court. [, provided the court finds that there is probable cause to believe the defendant has committed the act for which he or she is charged. The defendant shall be arraigned in the regular criminal docket of the Superior Court by the next court business day following such transfer, provided] The court file shall remain sealed until such motion is decided by the court and any proceedings held prior to the finalization of such transfer 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. [The file of any case so transferred shall remain sealed until the end of the tenth working day following such arraignment, unless the prosecuting official has filed a motion pursuant to subdivision (2) of this subsection, in which case such file shall remain sealed until the court makes a decision on the motion.]

[(2) A prosecuting official may, not later than ten working days after such arraignment, file a motion to transfer the case of any defendant who is a youth and is charged with the commission of a felony, other than a felony set forth in subsection (a) of this section, from the regular criminal docket of the Superior Court to the youthful offender docket for proceedings in accordance with the provisions of sections 54-76b to 54-76n, inclusive. The court sitting for the regular criminal docket of the Superior Court shall, after hearing and not later than ten working days after the filing of such motion, decide such motion.]

Sec. 2. Section 54-76d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) If the court grants a motion made by the prosecuting official under subsection (a) of section 54-76c, as amended by this act, that the defendant be investigated or if the court on its own motion determines that the defendant should be investigated under this section, 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] Any investigation under this section shall be made by [an adult probation officer] the Court Support Services Division. When the information or complaint charges commission of a felony, [the adult probation officer] such investigation 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 or ineligible to] should be adjudged a youthful offender. If the court determines that the defendant [is eligible to] should 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 that the defendant [is ineligible to] should not be so adjudged, [it] the court shall order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n, inclusive, had not been had.

(c) If no motion is made by the prosecuting official under subsection (a) or (b) of section 54-76c, as amended by this act, or by the court under subsection (a) of this section, and the defendant consents to a trial without a jury, should a trial be had, 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.

(d) At any time prior to trial as provided in section 54-76e or at any time prior to entering a plea of "guilty" to the charge of being a youthful offender, the defendant, on motion and with the concurrence of the defendant's parent or guardian and the defendant's attorney, if any, may waive further proceedings under the provisions of sections 54-76b to 54-76n, inclusive, and request a trial by jury in the regular criminal docket of the Superior Court. If the court, after making a thorough inquiry, is satisfied that such waiver is knowingly and voluntarily made, the court may grant such motion and order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n, inclusive, had not been had.

(e) [At any point, if] If the court determines at any time during the pendency of the case that a defendant is ineligible to be a youthful offender, the court shall order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n, inclusive, had not been had.

Sec. 3. Subsection (b) of section 54-76j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) If execution of the sentence is suspended under subdivision (6) of subsection (a) of this section, the defendant may be placed on probation or conditional discharge for a period not to exceed three years, provided, at any time during the period of probation, after hearing and for good cause shown, the court may extend [the period as deemed appropriate by the court] such probation or conditional discharge for a period not to exceed five years, including the original period of probation or conditional discharge. 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 10-19m of the 2008 supplement to the general statutes, 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] may 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] may constitute a violation of probation. If the court places a person adjudicated as a youthful offender for a violation of section 53-247 on probation, the court may order that, as a condition of such probation, the person undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program, provided such a program exists and is available to the person.

Sec. 4. Section 54-76l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The records or other information of a [youth, other than a youth arrested for or charged with the commission of a crime which is a class A felony or a violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age] 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, or subsequently presumed or determined to be eligible to be adjudged, a youthful offender shall be retained as confidential matter in the files of the bureau and be opened to inspection only as provided in this section. Other data ordinarily received by the bureau, with regard to persons arrested for a crime, shall be forwarded to the bureau to be filed, in addition to such fingerprints, photographs and physical descriptions, and be retained in the division as confidential information, open to inspection only as provided in this section.

(b) The records of any [such youth] youthful offender, or any part thereof, may be disclosed to and between individuals and agencies, and employees of such agencies, providing services directly to the [youth] youthful offender, including municipal, state and federal law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials, the Division of Criminal Justice, the Court Support Services Division, the Board of Pardons and Paroles and an advocate appointed pursuant to section 54-221 for a victim of a crime committed by the [youth] youthful offender. Such records shall also be available to the attorney representing the [youth] youthful offender, in any proceedings in which such records are relevant, to the parents or guardian of such [youth] youthful offender, until such time as the [youth] youthful offender reaches the age of majority or is emancipated, and to the [youth] youthful offender upon his or her emancipation or attainment of the age of majority, provided proof of the identity of such [youth] youthful offender 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 such [youth] 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 [such youth] youthful offender, or any part thereof, shall be available to the victim of the crime committed by such [youth] youthful offender 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 Court Support Services Division regarding any [such youth] youthful offender who served a period of probation may be accessed and disclosed by employees of the division for the purpose of performing the duties contained in section 54-63b.

(f) Information concerning any [such youth] youthful offender who has escaped from an institution to which such [youth] youthful offender has been committed or for whom an arrest warrant has been issued may be disclosed by law enforcement officials.

(g) The information contained in and concerning the issuance of any protective order issued in a case [in which a person is presumed or determined to be eligible to be adjudged] involving a youthful offender shall be entered in the registry of protective orders pursuant to section 51-5c and may be further disclosed as specified in said section.

(h) The provisions of this section [, as amended by public act 05-232,] apply to offenses committed after [January 1, 2006] the effective date of this section, and do not affect any cases pending on said date or any investigations involving offenses committed prior to said date.

Sec. 5. (NEW) (Effective October 1, 2008) At any proceeding concerning the alleged delinquency of a child, no child under sixteen years of age shall be physically restrained by the use of shackles, handcuffs or other mechanical restraint prior to being convicted or adjudicated as delinquent, unless the judge determines that restraints on the child are necessary to ensure public safety. Nothing in this section shall be construed as preventing a child from being physically restrained while being transported from one place to another.

Sec. 6. (NEW) (Effective October 1, 2008) Any child who is arrested and held in a juvenile detention center, an alternative detention center, the Connecticut Juvenile Training School or any other facility or a hospital pursuant to a detention order or confined to a police station or courthouse lockup or correctional facility in connection with a delinquent act shall, if subsequently convicted as delinquent by the Superior Court and committed to the Department of Children and Families, earn a reduction of such child's period of commitment equal to the number of days such child spent in such facility, hospital, lockup or correctional facility.

Sec. 7. Section 46b-137 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Any admission, confession or statement, written or oral, made by a child to a police officer or [Juvenile Court] official of the Superior Court for juvenile matters shall be inadmissible in any delinquency proceeding or prosecution in the regular criminal docket of the Superior Court concerning the alleged [delinquency] criminal conduct of the child making such admission, confession or statement unless made by such child in the presence of his parent or parents or guardian and after the parent or parents or guardian and child have been advised (1) of the child's right to retain counsel, or if unable to afford counsel, to have counsel appointed on the child's behalf, (2) of the child's right to refuse to make any statements, and (3) that any statements he makes may be introduced into evidence against him.

(b) Any confession, admission or statement, written or oral, made by the parent or parents or guardian of the child or youth after the filing of a petition alleging such child or youth to be neglected, uncared-for or dependent, shall be inadmissible in any proceeding held upon such petition against the person making such admission or statement unless such person shall have been advised of his right to retain counsel, and that if he is unable to afford counsel, counsel will be appointed to represent him, that he has a right to refuse to make any statement and that any statements he makes may be introduced in evidence against him.

Sec. 8. Section 17a-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) The Commissioner of Children and Families shall adopt regulations, in accordance with chapter 54, setting standard leave and release policies for [juvenile delinquents] children committed to the Department of Children and Families as delinquent and assigned to state facilities and private residential programs. Such regulations shall provide that [juvenile delinquents] such children shall not be eligible for leave without an initial sixty-day evaluation of fitness and security risk, including a trial leave not exceeding one day. Such regulations shall provide that [juvenile delinquents] such children shall not be eligible for any leave or release without (1) an evaluation of fitness and security risk, (2) the assignment of supervision and clear identification of custody of a parent, legal guardian or other responsible adult, (3) confidential notification of local police for a leave or release granted to a serious juvenile offender, and (4) a determination of eligibility immediately prior to granting the leave or release of a delinquent child.

(b) Notwithstanding the provisions of subsection (a) of this section, the Commissioner of Children and Families may waive the requirement of an initial sixty-day evaluation of fitness and security risk of a child committed to the custody of the commissioner as delinquent before such child is eligible for leave when such child has been transferred from one facility to another facility.

Statement of Purpose:

To make certain changes in youthful offender and juvenile delinquency proceedings.

[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.]