
General Assembly |
Amendment |
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February Session, 2008 |
LCO No. 4708 | ||||
*HB0590804708HDO* | |||||
Offered by: |
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REP. HAMM, 34th Dist. REP. SERRA, 33rd Dist. REP. O'ROURKE, 32nd Dist. |
REP. KALINOWSKI, 100th Dist. SEN. GAFFEY, 13th Dist. SEN. DOYLE, 9th Dist. | ||||
"AN ACT CONCERNING PROCEEDINGS AND OPERATIONS OF THE DEPARTMENT OF CHILDREN AND FAMILIES. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. (Effective from passage) Sections 73 to 82, inclusive, 85 and 123 of public act 07-4 of the June special session shall take effect January 1, 2012.
Sec. 502. Subsection (b) of section 46b-124 of the 2008 supplement to the general statutes, as amended by section 81 of public act 07-4 of the June special session, is repealed and the following is substituted in lieu thereof (Effective January 1, 2012):
(b) All records of cases of juvenile matters, as provided in section 46b-121 of the 2008 supplement to the general statutes, except delinquency proceedings, or any part thereof, and all records of appeals from probate brought to the superior court for juvenile matters pursuant to subsection (b) of section 45a-186 of the 2008 supplement to the general statutes, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to any third party, including bona fide researchers commissioned by a state agency, only upon order of the Superior Court, except that: (1) The records concerning any matter transferred from a court of probate pursuant to section 45a-623 or subsection (g) of section 45a-715 or any appeal from probate to the superior court for juvenile matters pursuant to subsection (b) of section 45a-186 of the 2008 supplement to the general statutes, shall be available to the court of probate from which such matter was transferred or from which such appeal was taken; (2) such records shall be available to (A) the attorney representing the child or youth, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (B) the parents or guardian of the child or youth until such time as the child or youth reaches the age of majority or becomes emancipated, (C) an adult adopted person in accordance with the provisions of sections 45a-736, 45a-737 and 45a-743 to 45a-757, inclusive, (D) employees of the Division of Criminal Justice who in the performance of their duties require access to such records, (E) employees of the judicial branch who in the performance of their duties require access to such records, (F) another court under the provisions of subsection (d) of section 46b-115j, (G) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority or has been emancipated, (H) the Department of Children and Families, and (I) the employees of the Commission on Child Protection who in the performance of their duties require access to such records; and (3) all or part of the records concerning a youth in crisis with respect to whom a court order was issued prior to January 1, [2010] 2012, may be made available to the Department of Motor Vehicles, provided such records are relevant to such order. Any records of cases of juvenile matters, or any part thereof, provided to any persons, governmental and private agencies, and institutions pursuant to this section shall not be disclosed, directly or indirectly, to any third party not specified in subsection (d) of this section, except as provided by court order or in the report required under section 54-76d or 54-91a.
Sec. 503. (Effective from passage) Section 86 of public act 07-4 of the June special session shall take effect April 1, 2011.
Sec. 504. Subsection (a) of section 51-165 of the 2008 supplement to the general statutes, as amended by section 86 of public act 07-4 of the June special session, is repealed and the following is substituted in lieu thereof (Effective April 1, 2011):
(a) (1) On and after July 1, 1998, the Superior Court shall consist of one hundred eighty-one judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.
(2) On and after October 1, 1998, the Superior Court shall consist of one hundred eighty-three judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.
(3) On and after January 1, 1999, the Superior Court shall consist of one hundred eighty-six judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.
(4) On and after October 1, 1999, the Superior Court shall consist of one hundred ninety-one judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.
(5) On and after October 1, 2000, the Superior Court shall consist of one hundred ninety-six judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.
(6) On and after April 1, [2009] 2011, the Superior Court shall consist of two hundred one judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.
Sec. 505. (Effective from passage) Section 87 of public act 07-4 of the June special session shall take effect July 1, 2010.
Sec. 506. Section 87 of public act 07-4 of the June special session is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
Not later than July 1, [2009] 2011, the Chief Court Administrator and the executive director of the Court Support Services Division of the judicial branch shall evaluate the programs and services provided in 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 persons sixteen years of age or older in the juvenile justice system, and shall implement, within available resources, any changes deemed necessary in the programs and services.
Sec. 507. Subsections (f) to (i), inclusive, of section 88 of public act 07-4 of the June special session are repealed and the following is substituted in lieu thereof (Effective from passage):
(f) Prior to January 1, [2009] 2011, 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, the development and implementation of a comprehensive system of community-based services and residential services for juveniles.
(g) Prior to January 1, [2009] 2011, the council shall study and develop recommendations regarding the issues identified in the final report of the Juvenile Jurisdiction Planning and Implementation Committee to prepare for the introduction of persons sixteen and seventeen years of age into the juvenile justice system and to improve the juvenile justice system. Such issues and study shall include, but need not be limited to, the following:
(1) The development of diversion programs and 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 available pretrial detention facilities, the need for additional pretrial detention facilities and feasible alternatives to detention;
(3) An analysis of the impact of the expansion of juvenile jurisdiction to persons sixteen and seventeen years of age 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 the emancipation of minors with respect to the juvenile justice system;
(5) An examination and modification of offenses categorized as serious juvenile offenses in subdivision (12) of section 46b-120 of the 2008 supplement to the general statutes, as amended by this act;
(6) 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 the lawful interrogation of juveniles;
(7) An examination of school-related issues related to delinquency, including intervention strategies to reduce the number of suspensions, expulsions, truancies and arrests of juveniles;
(8) An examination of practices and procedures that result in disproportionate minority contact with the juvenile justice system and strategies to reduce disproportionate minority contact with the juvenile justice system; and
(9) An examination of whether the inclusion of persons sixteen and seventeen years of age in the juvenile justice system requires a revision of provisions of the general statutes that establish a mandatory age for school attendance.
(h) Not later than January 1, 2008, and quarterly thereafter until January 1, [2009] 2011, the council shall submit a status report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, human services and appropriations, 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 plan components set forth 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] 2011, the council shall submit a final report on the council's recommendations and such implementation and resolution of issues to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, human services and appropriations, 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. 508. (Effective from passage) Sections 1 to 10, inclusive, of substitute senate bill 337 of the current session shall take effect January 1, 2012. "