Substitute House Bill No. 5289
Substitute House Bill No. 5289
PUBLIC ACT NO. 97-4
AN ACT CONCERNING THE DETENTION OF JUVENILES
TRANSFERRED TO THE REGULAR CRIMINAL DOCKET OF THE
SUPERIOR COURT.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 46b-127 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The court shall automatically transfer
from the docket for juvenile matters to the
regular criminal docket of the Superior Court the
case of any child charged with the commission of a
capital felony, a class A or B felony or a
violation of section 53a-54d, provided such
offense was committed after such child attained
the age of fourteen years. The child shall be
arraigned in the regular criminal docket of the
Superior Court at the next court date following
such transfer. The file of any case so transferred
shall remain sealed until the tenth day following
such arraignment unless the state's attorney has
filed a motion pursuant to this subsection in
which case such file shall remain sealed until the
court makes a decision on the motion. A state's
attorney may, not later than ten working days
after such arraignment, file a motion to transfer
the case of any child charged with the commission
of a class B felony to the docket for juvenile
matters for disposition in accordance with the
provisions of this chapter. The court sitting for
the regular criminal docket shall, after hearing
and not later than ten working days after the
filing of such motion, decide such motion.
(b) Upon motion of a juvenile prosecutor and
approval by the court, the case of any child
charged with the commission of a class C or D
felony or an unclassified felony shall be
transferred from the docket for juvenile matters
to the regular criminal docket of the Superior
Court, provided such offense was committed after
such child attained the age of fourteen years and
the court finds ex parte that there is probable
cause to believe the child has committed the act
for which he is charged. The file of any case so
transferred shall remain sealed until such time as
the court sitting for the regular criminal docket
accepts such transfer. The court sitting for the
regular criminal docket may return any such case
to the docket for juvenile matters for proceedings
in accordance with the provisions of this chapter.
The child shall be arraigned in the regular
criminal docket of the Superior Court at the next
court date following such transfer.
(c) Upon the effectuation of the transfer,
such child shall stand trial and be sentenced, if
convicted, as if he were sixteen years of age. [,
except that no such child shall be placed in a
correctional facility but shall be maintained in a
facility for children and youth until he attains
the age of sixteen years or until he is sentenced,
whichever occurs first.] Such child shall receive
credit against any sentence imposed for time
served in a juvenile facility prior to the
effectuation of the transfer. A child who has been
transferred may enter a guilty plea to a lesser
offense if the court finds that such plea is made
knowingly and voluntarily. Any child transferred
to the regular criminal docket who pleads guilty
to a lesser offense shall not resume his status as
a juvenile regarding said offense. If the action
is dismissed or nolled or if such child is found
not guilty of the charge for which he was
transferred, the child shall resume his status as
a juvenile until he attains the age of sixteen
years.
(d) ANY CHILD TRANSFERRED TO THE REGULAR
CRIMINAL DOCKET OF THE SUPERIOR COURT WHO IS
DETAINED SHALL BE IN THE CUSTODY OF THE
COMMISSIONER OF CORRECTION UPON THE FINALIZATION
OF SUCH TRANSFER. A TRANSFER SHALL BE FINAL (1)
UPON THE EXPIRATION OF TEN WORKING DAYS AFTER THE
ARRAIGNMENT IF NO MOTION HAS BEEN FILED BY THE
STATE'S ATTORNEY PURSUANT TO SUBSECTION (a) OF
THIS SECTION OR, IF SUCH MOTION HAS BEEN FILED,
UPON THE DECISION OF THE COURT TO DENY SUCH
MOTION, OR (2) UPON THE COURT ACCEPTING THE
TRANSFER PURSUANT TO SUBSECTION (b) OF THIS
SECTION. ANY CHILD RETURNED TO THE DOCKET FOR
JUVENILE MATTERS WHO IS DETAINED SHALL BE IN THE
CUSTODY OF THE JUDICIAL DEPARTMENT.
(e) THE TRANSFER OF A CHILD TO A DEPARTMENT
OF CORRECTION FACILITY SHALL BE LIMITED TO THE
PROVISIONS OF SUBSECTION (d) OF THIS SECTION AND
SAID SUBSECTION SHALL NOT BE CONSTRUED TO PERMIT
THE TRANSFER OF OR OTHERWISE REDUCE OR ELIMINATE
ANY OTHER POPULATION OF JUVENILES IN DETENTION OR
CONFINEMENT WITHIN THE JUDICIAL DEPARTMENT OR THE
DEPARTMENT OF CHILDREN AND FAMILIES.
Sec. 2. This act shall take effect from its
passage.
Approved March 20, 1997