Substitute House Bill No. 5696
          Substitute House Bill No. 5696

              PUBLIC ACT NO. 98-256


AN ACT CONCERNING JUVENILE MATTERS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  46b-120  of  the general
statutes, as amended by section 18 of  public  act
97-319,   is   repealed   and   the  following  is
substituted in lieu thereof:
    The  terms  used in this chapter shall, in its
interpretation and in the interpretation of  other
statutes, be defined as follows: (1) "Child" means
any person under sixteen years  of  age  AND,  FOR
PURPOSES OF DELINQUENCY MATTERS, "CHILD" MEANS ANY
PERSON (A) UNDER SIXTEEN  YEARS  OF  AGE  OR,  (B)
SIXTEEN  YEARS  OF  AGE  OR  OLDER  WHO,  PRIOR TO
ATTAINING SIXTEEN YEARS OF AGE, HAS  VIOLATED  ANY
FEDERAL   OR  STATE  LAW  OR  MUNICIPAL  OR  LOCAL
ORDINANCE,  OTHER  THAN  AN  ORDINANCE  REGULATING
BEHAVIOR  OF  A  CHILD  IN  A  FAMILY WITH SERVICE
NEEDS, AND, SUBSEQUENT TO ATTAINING SIXTEEN  YEARS
OF  AGE,  VIOLATES ANY ORDER OF THE SUPERIOR COURT
OR ANY  CONDITION  OF  PROBATION  ORDERED  BY  THE
SUPERIOR  COURT  WITH  RESPECT TO SUCH DELINQUENCY
PROCEEDING; (2) "youth" means any  person  sixteen
to  eighteen years of age; (3) "abused" means that
a child or youth (A) has had  physical  injury  or
injuries   inflicted   upon   him  other  than  by
accidental means, or (B) has injuries which are at
variance with the history given of them, or (C) is
in a condition which is the result of maltreatment
such  as, but not limited to, malnutrition, sexual
molestation  or   exploitation,   deprivation   of
necessities,   emotional   maltreatment  or  cruel
punishment; (4) a child  may  be  found  "mentally
deficient"  who,  by  reason  of  a  deficiency of
intelligence, which has existed from birth or from
early  age,  requires,  or  will  require, for his
protection  or  for  the  protection  of   others,
special care, supervision and control; (5) a child
may be [found] CONVICTED AS "delinquent" [(A)] who
has  violated  (A)  any  federal  or  state law or
municipal  or  local  ordinance,  other  than   an
ordinance  regulating  behavior  of  a  child in a
family with service needs,  [as  defined  in  this
section  or (B) who has violated] (B) any order of
the Superior Court OR (C) CONDITIONS OF  PROBATION
AS  ORDERED BY THE COURT; (6) a child or youth may
be found "dependent" whose home is a suitable  one
for  him,  save for the financial inability of his
parents,  parent,   guardian   or   other   person
maintaining  such home, to provide the specialized
care his condition requires; (7)  a  "family  with
service  needs"  means  a  family which includes a
child who (A) has without just cause run away from
his parental home or other properly authorized and
lawful place of abode; (B) is beyond  the  control
of   his   parent,   parents,  guardian  or  other
custodian; (C) has engaged in indecent or  immoral
conduct;  (D)  is  a  truant or habitual truant or
who, while in school, has  been  continuously  and
overtly  defiant  of school rules and regulations;
or (E) is thirteen years of age or older  and  has
engaged  in sexual intercourse with another person
and such other person is thirteen years of age  or
older and not more than two years older or younger
than such child; (8) a child or youth may be found
"neglected"  who  (A) has been abandoned or (B) is
being   denied   proper   care   and    attention,
physically,  educationally, emotionally or morally
or  (C)  is  being   permitted   to   live   under
conditions,    circumstances    or    associations
injurious to  his  well-being,  or  (D)  has  been
abused; (9) a child or youth may be found "uncared
for" who is homeless or whose home cannot  provide
the specialized care which his physical, emotional
or mental condition requires. For the purposes  of
this  section  the  treatment  of  any child by an
accredited Christian Science practitioner in  lieu
of  treatment  by  a  licensed practitioner of the
healing  arts,  shall  not  of  itself  constitute
neglect  or  maltreatment;  (10)  "delinquent act"
means the violation of any federal or state law or
municipal   or  local  ordinance,  other  than  an
ordinance regulating the behavior of a child in  a
family with service needs, or the violation of any
order  of  the  Superior  Court;   (11)   "serious
juvenile  offense"  means  (A)  the violation by a
child, including attempt or conspiracy to  violate
sections  21a-277,  21a-278,  29-33, 29-34, 29-35,
53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392,
inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to
53a-60c, inclusive, 53a-70 to  53a-71,  inclusive,
53a-72b,  53a-86,  53a-92  to  53a-94a, inclusive,
53a-95, 53a-101, 53a-102a,  53a-103a,  53a-111  to
53a-113,  inclusive, subdivision (1) of subsection
(a)  of  section  53a-122,  subdivision   (3)   of
subsection   (a)   of  section  53a-123,  53a-134,
53a-135, 53a-136a, 53a-166,  53a-167c,  subsection
(a)   of   section   53a-174,  53a-196a,  53a-211,
53a-212, 53a-216 or 53a-217b, or (B) running away,
without  just  cause,  from  any  secure placement
other than home while  referred  as  a  delinquent
child  to  the  Office of Alternative Sanctions or
committed   as   a   delinquent   child   to   the
Commissioner   of  Children  and  Families  for  a
serious juvenile offense; (12)  "serious  juvenile
offender"  means any child convicted as delinquent
for commission of a serious juvenile offense; (13)
"serious juvenile repeat offender" means any child
charged with the commission of any felony if  such
child  has previously been convicted delinquent at
any age for two violations  of  any  provision  of
title  21a, 29, 53 or 53a which is designated as a
felony; (14) "alcohol-dependent child"  means  any
child  who has a psychoactive substance dependence
on alcohol as that condition  is  defined  in  the
most  recent  edition  of the American Psychiatric
Association's "Diagnostic and  Statistical  Manual
of  Mental Disorders"; (15) "drug-dependent child"
means any child who has a  psychoactive  substance
dependence  on  drugs as that condition is defined
in  the  most  recent  edition  of  the   American
Psychiatric    Association's    "Diagnostic    and
Statistical Manual of Mental Disorders". No  child
shall  be  classified  as  drug  dependent  who is
dependent (A) upon a morphine-type substance as an
incident   to   current  medical  treatment  of  a
demonstrable physical  disorder  other  than  drug
dependence,    or   (B)   upon   amphetamine-type,
ataractic,  barbiturate-type,  hallucinogenic   or
other  stimulant  and  depressant substances as an
incident  to  current  medical  treatment   of   a
demonstrable  physical  or psychological disorder,
or both, other than drug dependence.
    Sec.  2. Subsection (b) of section 46b-121k of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  The  Office  of Alternative Sanctions may
contract to establish regional secure  residential
facilities    and   regional   highly   supervised
residential  and  nonresidential  facilities   for
juveniles [sentenced to probation] 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.
    Sec.   3.   Section  46b-127  of  the  general
statutes, as amended by section 1  of  public  act
97-4  and  section  21  of  public  act 97-319, 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  and  counsel has been
appointed  for  such   child   if  such  child  is
indigent. Such counsel  may  appear with the child
but shall not be permitted to make any argument or
file any motion in opposition to the transfer. 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 END
OF   THE  tenth   WORKING   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] PROCEEDINGS 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] ORDER OF 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 NOT LATER  THAN
TEN  WORKING  DAYS  AFTER THE DATE OF THE TRANSFER
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]   BY  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.
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 OR OF ANY
LESSER INCLUDED OFFENSES, 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.   4.   Section  46b-133  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a) Nothing in this part shall be construed as
preventing the arrest  of a child, with or without
a warrant, as  may  be  provided  by  law,  or  as
preventing the issuance  of  warrants by judges in
the manner provided  by section 54-2a, except that
no child shall  be  taken  into  custody  on  such
process except on  apprehension  in the act, or on
speedy information, or in other cases when the use
of such process  appears  imperative.  Whenever  a
child is arrested  and  charged with a crime, such
child may be  required  to submit to the taking of
his   photograph,   physical    description    and
fingerprints.  Notwithstanding the  provisions  of
section 46b-124, [the  photograph  of]  THE  NAME,
PHOTOGRAPH  AND  CUSTODY   STATUS   OF  any  child
arrested for the commission of a capital felony or
class A felony may be disclosed to the public.
    (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  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.
    (c)  Upon  the  arrest  of  any  child  by  an
officer, such  officer  may  release  him  to  the
custody of his parent or parents, guardian or some
other suitable person or agency or may immediately
turn him over to a juvenile detention center. When
a  child  is  arrested  [or  referred]   for   the
commission  of  a  delinquent act and the child is
not  placed  in  detention  OR   REFERRED   TO   A
DIVERSIONARY  PROGRAM,  an  officer  shall serve a
written complaint and summons on the child and his
parent, guardian or other person having control of
the child. Such parent, guardian or  other  person
shall execute a written promise to appear in court
at the time and place specified in  such  summons.
If any person so summoned wilfully fails to appear
in court at the time and place so  specified,  the
court  may  issue a warrant for the child's arrest
or a capias to assure the appearance in  court  of
such  parent,  guardian or other person. The court
may punish for contempt, as  provided  in  section
46b-121,  AS  AMENDED  BY  THIS  ACT,  any parent,
guardian or other person so summoned who  wilfully
fails  to appear in court at the time and place so
specified.
    (d)  The  court  or  detention  supervisor may
turn such child over to a  youth  service  program
created  for  such  purpose,  if  such  course  is
practicable, or such child may be detained pending
a  hearing which shall be held on the business day
next following  his  arrest.  No  child  shall  be
detained  after  such hearing or held in detention
pursuant to a court order unless it  appears  from
the  available  facts that there is probable cause
to believe that the child has committed  the  acts
alleged and that there is (1) a strong probability
that the  child  will  run  away  prior  to  court
hearing  or  disposition, (2) a strong probability
that the child will commit or  attempt  to  commit
other   offenses   injurious  to  him  or  to  the
community before court disposition,  (3)  probable
cause   to  believe  that  the  child's  continued
residence in his home pending disposition will not
safeguard  the  best interests of the child or the
community because of  the  serious  and  dangerous
nature  of  the  act or acts he is alleged to have
committed, (4)  a  need  to  hold  the  child  for
another  jurisdiction  or  (5)  a need to hold the
child to assure his appearance before  the  court,
in  view of his previous failure to respond to the
court process. Such probable cause may be shown by
sworn  affidavit  in  lieu  of testimony. No child
shall be released from detention who is alleged to
have  committed  a serious juvenile offense except
by order of a judge of the Superior Court.  In  no
case  shall  a  child  be  confined in a community
correctional center or lockup,  or  in  any  place
where adults are or may be confined, except in the
case of a nursing infant; nor shall any  child  at
any  time  be held in solitary confinement. When a
female child is held in custody, she shall, as far
as   possible,   be  in  the  charge  of  a  woman
attendant.
    (e)  The  police  officer  who  brings a child
into detention shall have first notified, or  made
a  reasonable  effort  to  notify,  the parents or
guardian of the child in question of the  intended
action  and  shall  file at the detention center a
signed  statement  setting   forth   the   alleged
delinquent conduct of the child. Unless the arrest
was for a serious juvenile offense, the child  may
be  released  by  a  detention  supervisor  to the
custody of his parent or parents, guardian or some
other suitable person.
    (f)  In  conjunction with any order of release
from detention the court may, when it  has  reason
to   believe   a  child  is  alcohol-dependent  or
drug-dependent as defined in section  46b-120,  AS
AMENDED   BY   THIS   ACT,  and  where  necessary,
reasonable and appropriate,  order  the  child  to
participate  in  a  program of periodic alcohol or
drug testing and treatment as a condition of  such
release.  The  results of any such alcohol or drug
test shall be admissible only for the purposes  of
enforcing   the   conditions   of   release   from
detention.
    (g)  Whenever  the  population  of  a juvenile
detention center equals  or  exceeds  the  maximum
capacity  for  such  center,  as determined by the
Judicial Department, the detention  supervisor  in
charge of intake shall only admit a child who: (1)
Is  charged  with  the  commission  of  a  serious
juvenile  offense,  (2) is the subject of an ORDER
TO DETAIN OR AN outstanding court  order  to  take
such child into custody, (3) is ordered by a court
to  be  held  in  detention,  or  (4)   is   being
transferred  to  such  center  to  await  a  court
appearance.
    Sec.   5.  Section  46b-133a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  A nolle prosequi may not be entered as to
any [charge] COUNT of delinquency if the  juvenile
objects to the nolle prosequi and demands either a
trial  or  dismissal,  except  with   respect   to
prosecutions  in which a nolle prosequi is entered
upon a representation to the court by the juvenile
prosecutor  that  a  material  witness  has  died,
disappeared or become disabled  or  that  material
evidence has disappeared or has been destroyed and
that  a   further   investigation   is   therefore
necessary.
    (b)   Whenever   a  nolle  prosequi  has  been
entered as to any [charge] COUNT  of  delinquency,
or  whenever any [charge] COUNT of delinquency has
been dismissed  without  prejudice,  if  at  least
thirteen  months  have elapsed since such nolle or
dismissal without prejudice, all police and  court
records pertaining to such [charge] COUNT shall be
erased. Whenever any such [charge] COUNT has  been
continued   at   the   request   of  the  juvenile
prosecutor and a period  of  thirteen  months  has
elapsed  since  the  granting  of such continuance
during which period there has been no  prosecution
or  other  disposition of the matter, the [charge]
COUNT shall be construed to have been nolled as of
the  date  of  termination  of such thirteen-month
period and such erasure may thereafter be effected
as provided in this subsection for nolled cases.
    Sec.   6.   Section  46b-140  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)    In    determining    the    appropriate
disposition of a child  convicted  as  delinquent,
the  court  shall consider: (1) The seriousness of
the  offense,  including  the  existence  of   any
aggravating  factors  such as the use of a firearm
in the commission of the offense and the impact of
the  offense on any victim; (2) the child's record
of delinquency; (3)  the  child's  willingness  to
participate   in   available   programs;  (4)  the
existence of other mitigating factors; and (5) the
culpability of the child in committing the offense
including the level of the  child's  participation
in the planning and carrying out of the offense.
    (b)  Upon conviction of a child as delinquent,
the court may: (1) Place the child in the care  of
any  institution  or  agency which is permitted by
law to care for children; (2) order the  child  to
participate   in   an   alternative  incarceration
program; (3) order the child to participate  in  a
wilderness   school   program   operated   by  the
Department of Children and Families; (4) order the
child  to  participate  in  a youth service bureau
program; (5) [order the child to remain in his own
home  or in the custody of a relative or any other
fit person  subject  to  the  supervision  of  the
probation  officer]  PLACE THE CHILD ON PROBATION;
(6) order the child or the parents or guardian  of
the  child  or  both  to  make  restitution to the
victim  of  the   offense   in   accordance   with
subsection  (d)  of  this  section;  (7) order the
child to participate in  a  program  of  community
service  in accordance with subsection (e) of this
section; or (8) withhold or suspend  execution  of
any judgment.
    (c)  The  court  may  order, as a condition of
probation,  that  the  child  (1)  RESIDE  WITH  A
PARENT,  RELATIVE  OR  GUARDIAN  OR  IN A SUITABLE
FOSTER HOME OR OTHER  RESIDENCE  APPROVED  BY  THE
COURT,  [(1)]  (2)  attend  school  and class on a
regular basis and comply with school  policies  on
student  conduct  and discipline, (3) REFRAIN FROM
VIOLATING ANY FEDERAL OR STATE LAW OR MUNICIPAL OR
LOCAL   ORDINANCE,  (4)  UNDERGO  ANY  MEDICAL  OR
PSYCHIATRIC   EVALUATION   OR   TREATMENT   DEEMED
NECESSARY  BY THE COURT, (5) SUBMIT TO RANDOM DRUG
OR  ALCOHOL  TESTING,  OR  BOTH,  [or   (2)]   (6)
participate  in a program of [periodic alcohol and
drug testing and] ALCOHOL OR  DRUG  treatment,  or
both,  (7)  MAKE  RESTITUTION TO THE VICTIM OF THE
OFFENSE IN ACCORDANCE WITH SUBSECTION (d) OF  THIS
SECTION,   (8)   PARTICIPATE   IN  AN  ALTERNATIVE
INCARCERATION PROGRAM OR OTHER PROGRAM ESTABLISHED
THROUGH  THE  OFFICE OF ALTERNATIVE SANCTIONS, (9)
PARTICIPATE IN A PROGRAM OF COMMUNITY SERVICE, AND
(10)   SATISFY   ANY   OTHER   CONDITIONS   DEEMED
APPROPRIATE BY THE COURT. THE COURT SHALL CAUSE  A
COPY  OF  ANY  SUCH  ORDER  TO BE DELIVERED TO THE
CHILD, THE CHILD'S PARENTS  OR  GUARDIAN  AND  THE
CHILD'S PROBATION OFFICER.
    (d)  If the child has engaged in conduct which
results in property damage or personal injury, the
court may order the child or the parent or parents
or guardian  of  the  child,  if  such  parent  or
parents  or guardian had knowledge of and condoned
the conduct of the child, or both  the  child  and
the parent or parents or guardian, to make full or
partial restitution to the victim of such offense,
provided  the  liability of such parent or parents
or guardian shall be  limited  to  an  amount  not
exceeding  the  amount  such  parent or parents or
guardian would be liable for in  an  action  under
section   52-572.   Restitution   may  consist  of
monetary reimbursement for the damage  or  injury,
based  on the child's or the parent's, parents' or
guardian's ability to pay, as the case may be,  in
the  form  of  a  lump sum or instalment payments,
paid to the court clerk  or  such  other  official
designated  by  the  court for distribution to the
victim.
    (e)   The   court   may  order  the  child  to
participate in  a  program  of  community  service
under   the   supervision  of  the  court  or  any
organization designated by the court.  Such  child
shall  not  be  deemed  to  be an employee and the
services  of  such  child  shall  not  be   deemed
employment.
    (f)  If  the  court  further  finds  that  its
probation services or other services available  to
the  court  are  not  adequate for such child, the
court shall commit such child to the Department of
Children  and  Families  in  accordance  with  the
provisions of section  46b-141.  Prior  to  making
such  commitment, the court shall consult with the
department to determine the placement  which  will
be in the best interest of such child.
    (g)  Any  child  or  youth  coming  within the
jurisdiction of the court,  who  is  found  to  be
mentally  ill,  may  be committed by said court to
the Commissioner of Children and Families and,  if
the court convicts a child as delinquent and finds
him to be mentally deficient, it may commit him to
an  institution for mentally deficient children or
youth or delinquents. Whenever IT IS FOUND THAT  a
child  convicted  by  the  court  as delinquent or
adjudged by the court to be a member of  a  family
with service needs WHO is fourteen years of age or
older [and is further found to be either  mentally
deficient  or too educationally retarded to] WOULD
NOT benefit from continued school attendance,  the
court  may  order  him  to be placed on vocational
probation if such court finds that he may properly
be  employed  for part or full-time at some useful
occupation  and  that  such  employment  would  be
[more]  favorable to his welfare, [than commitment
to an institution] and the probation officer shall
supervise  such  employment.  For  the purposes of
this section the limitations of subsection (a)  of
section  31-23  on  the employment of minors under
the age of sixteen years shall not apply  for  the
duration of such vocational probation.
    (h)  Whenever the court commits a child to the
Department of Children and Families,  there  shall
be  delivered  with  the  mittimus  a  copy of the
results of the investigations made as required  by
section  46b-134.  The  court  may,  at  any time,
require from the department in whose care a  child
has  been  placed such report as to such child and
his treatment.
    (i)  [(1)] If the delinquent act for which the
child is committed to the Department  of  Children
and  Families  is  a serious juvenile offense, the
court may set a period of time  during  which  the
Department  of  Children  and Families shall place
such child out of his town  of  residence  at  the
commencement of such child's commitment.
    [(2)]  The  setting of any such time [periods]
PERIOD shall be in the form of  an  order  of  the
court  included  in  the  mittimus. For good cause
shown in the form of an affidavit annexed thereto,
the  Department  of  Children  and  Families,  the
parent or guardian of the child or the  child  may
petition  the  court for temporary modification of
any such order not to extend or reduce the term of
such placement.
    Sec.   7.   Section  46b-146  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Whenever  any  child has been found delinquent
or a member of a family with  service  needs,  and
has   subsequently   been   discharged   from  the
supervision of the  Superior  Court  or  from  the
custody of the Department of Children and Families
or from the  care  of  any  other  institution  or
agency to whom he has been committed by the court,
such child, his parent or  guardian,  may  file  a
petition  with  the  Superior  Court  and, if such
court finds that at least TWO  YEARS  OR,  IN  THE
CASE  OF  A  CHILD CONVICTED AS DELINQUENT FOR THE
COMMISSION OF A  SERIOUS  JUVENILE  OFFENSE,  four
years   have   elapsed   from  the  date  of  such
discharge,  [and]  THAT  no  subsequent   juvenile
proceeding  has  been  instituted against [him and
he] SUCH CHILD, THAT SUCH CHILD has not been found
guilty  of  a crime [, if] AND THAT such child has
reached  sixteen  YEARS   OF   AGE   within   such
[four-year]  period, it shall order all police and
court records  pertaining  to  such  child  to  be
erased.  Upon  the entry of such an erasure order,
all  references   including   arrest,   complaint,
referrals, petitions, reports and orders, shall be
removed   from   all    agency,    official    and
institutional  files, and a finding of delinquency
or that the child was a member of  a  family  with
service  needs  shall  be  deemed  never  to  have
occurred. The persons in charge  of  such  records
shall  not  disclose  to  any  person  information
pertaining to the record so  erased,  except  that
the  fact  of  such  erasure  may be substantiated
where, in the opinion of the court, it is  in  the
best  interests  of  such child to do so. No child
who has been the subject of such an erasure  order
shall  be  deemed to have been arrested ab initio,
within the meaning of the general  statutes,  with
respect  to  proceedings  so erased. Copies of the
erasure  order  shall  be  sent  to  all  persons,
agencies,  officials or institutions known to have
information  pertaining  to  the  delinquency   or
family  with  service  needs proceedings affecting
such child. Whenever a child is dismissed  as  not
delinquent  or  as  not being a member of a family
with service needs, all police and  court  records
pertaining  to such charge shall be ordered erased
immediately, without the filing of a petition.
    Sec.  8.  (NEW)  (a)  At  any  time during the
period of probation or suspended commitment, after
hearing  and  for  good cause shown, the court may
modify  or   enlarge   the   conditions,   whether
originally imposed by the court under this section
or otherwise, and may extend the period as  deemed
appropriate  by the court. The court shall cause a
copy of any such order  to  be  delivered  to  the
child or youth and to such child or youth's parent
or guardian and probation officer.
    (b)   The   period   of  participation  in  an
alternative incarceration program, as a  condition
of   probation  or  suspended  commitment,  unless
terminated sooner, shall not exceed  the  original
period of probation or suspended commitment.
    (c)   At   any   time  during  the  period  of
probation or suspended commitment, the  court  may
issue a warrant for the arrest of a child or youth
for  violation  of  any  of  the   conditions   of
probation  or suspended commitment, or may issue a
notice to appear to answer to  a  charge  of  such
violation, which notice shall be personally served
upon the child or youth. Any  such  warrant  shall
authorize all officers named therein to return the
child or youth to the custody of the court  or  to
any    suitable    juvenile   detention   facility
designated by the court.
    (d)  If  such  violation  is  established, the
court  may  continue  or  revoke  the   order   of
probation  or  suspended  commitment  or modify or
enlarge the  conditions  and,  if  such  order  of
probation  or  suspended  commitment  is  revoked,
require the child or youth to serve the commitment
imposed  or  impose any lesser commitment. No such
revocation   shall   be   ordered,   except   upon
consideration  of the whole record and unless such
violation is established by reliable and probative
evidence.
    Sec.   9.   (NEW)  When  deemed  in  the  best
interests  of  a  child  placed  in   a   juvenile
detention   center,   the  administrator  of  such
detention center  may  authorize,  under  policies
promulgated by the Chief Court Administrator, such
medical assessment and treatment and dentistry  as
is  necessary  to ensure the continued good health
or life of the child.  The  administrator  of  the
detention  center shall make reasonable efforts to
inform the child's parents or  guardian  prior  to
taking  such  action,  and in all cases shall send
notice to the parents or  guardian  by  letter  to
their  last-known  address  informing  them of the
actions taken and of the outcome, provided failure
to  notify  shall  not  affect the validity of the
authorization.
    Sec.  10. Subsection (a) of section 46b-121 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  Juvenile  matters  in  the  civil session
include all  proceedings  concerning  uncared-for,
neglected  or  dependent children and youth within
this state,  termination  of  parental  rights  of
children  committed  to  a  state  agency, matters
concerning families with service needs,  contested
matters  involving  termination of parental rights
or  removal  of  guardian  transferred  from   the
Probate  Court and the emancipation of minors, but
does  not  include  matters  of  guardianship  and
adoption  or  matters affecting property rights of
any child or youth over which  the  Probate  Court
has  jurisdiction,  provided  appeals from probate
concerning  adoption,  termination   of   parental
rights  and  removal of a parent as guardian shall
be included.  Juvenile  matters  in  the  criminal
session   include   all   proceedings   concerning
delinquent  children  in  the  state  AND  PERSONS
SIXTEEN  YEARS  OF AGE AND OLDER WHO ARE UNDER THE
SUPERVISION OF A JUVENILE PROBATION OFFICER  WHILE
ON  PROBATION  OR  A  SUSPENDED  COMMITMENT TO THE
DEPARTMENT OF CHILDREN AND FAMILIES, FOR  PURPOSES
OF  ENFORCING  ANY COURT ORDERS ENTERED AS PART OF
SUCH PROBATION OR SUSPENDED COMMITMENT.
    Sec. 11. Subsection  (a) of section 46b-137 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) Any admission,  confession  or  statement,
written or oral,  MADE  by  a  child  to  a police
officer  or  Juvenile   Court  official  shall  be
inadmissible  in  any  proceeding  concerning  the
alleged  delinquency  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.
    Sec. 12. Subsection  (b)  of section 54-76l of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  The  records  of  any  youth  adjudged  a
youthful offender ON OR AFTER OCTOBER 1, 1995,  or
any  part thereof, may be disclosed to and between
individuals and agencies, and  employees  of  such
agencies, providing services directly to the youth
including law  enforcement  officials,  state  and
federal  prosecutorial officials, school officials
in  accordance   with   section   10-233h,   court
officials,  the  Division of Criminal Justice, the
Office of Adult Probation, the Office of the  Bail
Commission,  the  Board  of Parole and an advocate
appointed pursuant to section 54-221 for a  victim
of  a  crime  committed by the youth. Such records
shall be available to  the  attorney  representing
the  child,  his parents or guardian. Such records
disclosed pursuant to this subsection shall not be
further disclosed.
    Sec.  13. (NEW)  Any  person  who  has  direct
supervision of children  placed  by the state in a
state facility or  private  institution  shall  be
trained in cardiopulmonary resuscitation.

Approved June 8, 1998