Senate Bill No. 1409

Public Act No. 99-26

An Act Concerning the Connecticut Juvenile Training School.

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

Section 1. (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate twenty-seven million five hundred thousand dollars.

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Children and Families for the purpose of any and all costs associated with the development of new facilities for the Connecticut Juvenile Training School, which shall be constructed to house a population of not more than two hundred forty residents, and related training facilities, including constructing, reconstructing, improving or equipping such facilities.

(c) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by the Secretary of the Office of Policy and Management or by or on behalf of such state officer, department or agency and stating such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.

(d) Subject to approval by the Governor of allotment of such funds, contracts may be awarded and obligations incurred with respect to said purpose in amounts not in the aggregate exceeding such authorized principal amount authorized by subsection (a) of this section plus the amount authorized by subdivision (1) of subsection (n) of section 30 of special act 93-2 of the June special session, as amended by section 164 of special act 97-1 of the June 5 special session and section 9 of this act, plus fifteen million dollars, notwithstanding that such contracts and obligations may at a particular time exceed the amount of the proceeds from the sale of such bonds received by the state or moneys appropriated for such contracts or obligations.

Sec. 2. Section 4b-55 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this section, section 4b-1 and sections 4b-56 to 4b-59, inclusive, unless the context clearly requires otherwise:

(a) "Commissioner" means the Commissioner of Public Works;

(b) "Consultant" means (1) any architect, professional engineer, landscape architect, land surveyor, accountant, interior designer, environmental professional or construction administrator, who is registered or licensed to practice [his] such person's profession in accordance with the applicable provisions of the general statutes, or (2) any planner, construction manager or financial specialist;

(c) "Consultant services" shall include those professional services rendered by architects, professional engineers, landscape architects, land surveyors, accountants, interior designers, environmental professionals, construction administrators, planners, construction managers or financial specialists, as well as incidental services that members of these professions and those in their employ are authorized to perform;

(d) "Emergency correctional facility project" means any project which is a part of a state program to repair, renovate, enlarge or construct facilities which are or will be operated by the Department of Correction, where (1) there is an immediate need for completion of such facility project to remedy prison and jail overcrowding, (2) the facility project is begun not later than December 31, 1993, and (3) the construction cost in connection with each such facility project is estimated not to exceed twenty million dollars;

(e) "University of Connecticut library project" means a project to renovate and improve the Homer Babbidge Library at The University of Connecticut;

(f) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity (1) authorized by law to practice the profession of architecture, landscape architecture, engineering, land surveying, accounting, interior design, environmental or construction administration, or (2) practicing the profession of planning, construction management or financial specialization;

(g) "Priority higher education facility project" means any project which is part of a state program to repair, renovate, enlarge, equip, purchase or construct (1) instructional facilities, (2) academic core facilities, including library, research and laboratory facilities, (3) student residential or related student dining facilities, or (4) utility systems related to such projects, which are or will be operated under the jurisdiction of the board of trustees of any constituent unit of the state system of higher education, except The University of Connecticut provided the project is included in the comprehensive facilities master plan of the constituent unit pursuant to section 10a-4a or in the most recent state facility plan of the Office of Policy and Management pursuant to section 4b-23;

(h) "Project" means any state program requiring consultant services if (1) the cost of such services is estimated to exceed fifty thousand dollars or, in the case of a constituent unit of the state system of higher education, the cost of such services is estimated to exceed three hundred thousand dollars, or (2) the construction costs in connection with such program are estimated to exceed four hundred thousand dollars; or, in the case of a constituent unit of the state system of higher education, other than The University of Connecticut, the construction costs in connection with such program are estimated to exceed two million dollars;

(i) "Selection panel" or "panel" means the State Construction Services Selection Panel established pursuant to subsection (a) of section 4b-56 or, in the case of a Connecticut Health and Education Facilities Authority project pursuant to section 10a-186a, means the Connecticut Health and Education Facilities Authority Construction Services Panel established pursuant to subsection (c) of section 4b-56;

(j) "User agency" means the state department or agency requesting the project;

(k) "Community court project" means (1) any project to renovate and improve a facility designated for the community court pilot program established pursuant to section 51-181c, and (2) the renovation and improvement of other state facilities required for the relocation of any state agency resulting from the placement of the community court;

(l) "Connecticut Juvenile Training School project" means a project to develop on a designated site new facilities for a Connecticut Juvenile Training School in Middletown including, but not limited to, preparing a feasibility study for, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families, which is an emergency project because there is an immediate need for completion of said project to remedy overcrowding at Long Lane School. Said school shall have an annual average daily population of not more than two hundred forty residents.

Sec. 3. Section 4b-58 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) (1) Except in the case of a project, an emergency correctional facility project, The University of Connecticut library project, a priority higher education facility project, a project, as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut, [and] a community court project and the Connecticut Juvenile Training School project, the commissioner shall negotiate a contract for consultant services with the firm most qualified, in [his] the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. (2) In the case of a project, the commissioner shall negotiate a contract for such services with the most qualified firm from among the list of firms submitted by the panel at compensation which [he] the commissioner determines in writing to be fair and reasonable to the state. If the commissioner is unable to conclude a contract with any of the firms recommended by the panel, [he] the commissioner shall, after issuing written findings of fact documenting the reasons for such inability, negotiate with those firms which [he] the commissioner determines to be most qualified, at fair and reasonable compensation, to render the particular consultant services under consideration. (3) Whenever consultant services are required for an emergency correctional facility project, The University of Connecticut library project, a priority higher education facility project, [or] a community court project or the Connecticut Juvenile Training School project, the commissioner shall select and interview at least three consultants or firms and shall negotiate a contract for consultant services with the firm most qualified, in [his] the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state, except that if, in the opinion of the commissioner, the Connecticut Juvenile Training School project needs to be expedited in order to meet the needs of the Department of Children and Families, the commissioner may waive such selection requirement. The commissioner shall notify the State Properties Review Board of [his] the commissioner's action within five business days, for its approval or disapproval in accordance with subsection (i) of section 4b-23, except that if, within fifteen days of such notice, a decision has not been made, the board shall be deemed to have approved such contract. The Connecticut Juvenile Training School project shall be exempt from the State Properties Review Board approval process.

(b) In determining fair and reasonable compensation to be paid in accordance with subsection (a), the commissioner shall consider, in the following order of importance, the professional competence of the consultant, the technical merits of the proposal, the ability of the firm to perform the required services within the time and budgetary limits of the contract and the price for which the services are to be rendered.

Sec. 4. Section 4b-91 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building for work by the state, which is estimated to cost more than two hundred fifty thousand dollars, except (1) a contract awarded by the Commissioner of Public Works for (A) an emergency correctional facility project, as defined in subsection (d) of section 4b-55, as amended by this act, [or] (B) a community court project, as defined in subsection (k) of section 4b-55, as amended by this act, (C) the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55, as amended by this act, or [(B)] (D) The University of Connecticut library project, as defined in subsection (e) of section 4b-55, as amended by this act, or (2) a project, as defined in subdivision (16) of section 10a-109c, undertaken and controlled by The University of Connecticut in accordance with section 10a-109n, shall be awarded to the lowest responsible and qualified general bidder on the basis of competitive bids in accordance with the procedures set forth in this chapter, after the Commissioner of Public Works or, in the case of a contract for the construction of or work on a building under the supervision and control of the Joint Committee on Legislative Management of the General Assembly, the joint committee or, in the case of a contract for the construction of or work on a building under the supervision and control of one of the constituent units of the state system of higher education, the constituent unit, has invited such bids by advertisements inserted at least once in one or more newspapers having a circulation in each county in the state. The Commissioner of Public Works, the joint committee or the constituent unit, as the case may be, shall determine the manner of submission and the conditions and requirements of such bids, and the time within which the bids shall be submitted, consistent with the provisions of sections 4b-91 to 4b-96, inclusive. Such award shall be made within sixty days after the opening of such bids. If the general bidder selected as the general contractor fails to perform his agreement to execute a contract in accordance with the terms of his general bid and furnish a performance bond and also a labor and materials or payment bond to the amount specified in the general bid form, an award shall be made to the next lowest responsible and qualified general bidder. If the lowest responsible and qualified bidder's price submitted is in excess of funds available to make an award, the Commissioner of Public Works, the Joint Committee on Legislative Management or the constituent unit, as the case may be, is empowered to negotiate with such bidder and award the contract on the basis of the funds available, without change in the contract specifications, plans and other requirements. If the award of a contract on said basis is refused by such bidder, the Commissioner of Public Works, the Joint Committee on Legislative Management or the constituent unit, as the case may be, may, if he or it deems it advisable, negotiate with other contractors who submitted bids in ascending order of bid prices without change in the contract, specifications, plans and other requirements. In the event of negotiation with general bidders as provided herein, the general bidder involved may negotiate with subcontractors on the same basis, provided such general bidder shall negotiate only with subcontractors named on his general bid form.

(b) Notwithstanding the provisions of this chapter regarding competitive bidding procedures, the commissioner may select and interview at least three responsible and qualified general contractors, and may negotiate with any one of such contractors a contract which is both fair and reasonable to the state for an emergency correctional facility project, as defined in subsection (d) of section 4b-55, as amended by this act, [or] a community court project, as defined in subsection (k) of said section, [4b-55, or the] The University of Connecticut library project, as defined in subsection (e) of said section or the Connecticut Juvenile Training School project, as defined in subsection (l) of said section. Any general contractor awarded a contract pursuant to this subsection shall be subject to the same requirements concerning the furnishing of bonds as a contractor awarded a contract pursuant to subsection (a) of this section.

Sec. 5. (NEW) Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55 of the general statutes, as amended by this act, shall be exempt from the provisions of subsections (b), (c) and (d) of section 4b-21, sections 4b-23, 4b-28, 14-311, 16a-31, 16a-38, 22-6, 22a-6, 22a-12, 22a-14 to 22a-20, inclusive, 22a-39, sections 25-32 and 29-406 and chapter 54 of the general statutes.

Sec. 6. Section 22a-1f of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Evaluations required by section 22a-1b need not be prepared for projects for which environmental statements have previously been prepared pursuant to other state or federal laws or regulations, provided all such statements shall be considered and reviewed as if they were prepared under sections 22a-1a to 22a-1f, inclusive.

(b) Evaluations required by section 22a-1b shall not be required for an emergency correctional facility project, as defined in subsection (d) of section 4b-55, as amended by this act, the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55, as amended by this act, or a project, as defined in subdivision (16) of section 10a-109c, which involves the conversion of an existing structure for educational rather than office or commercial use.

(c) A constituent unit of the state system of higher education may provide for the evaluations required pursuant to section 22a-1b for any priority higher education facility project, as defined in subsection (f) of section 4b-55, as amended by this act, or for any higher education project involving an expenditure of not more than two million dollars, by (1) reviewing and filing the evaluation for such project with the Office of Policy and Management for its review pursuant to section 22a-1e, or (2) including such project in a cumulative environmental assessment approved by the Office of Policy and Management.

Sec. 7. (a) Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, any public notice, administrative action, hearing or appeal regarding any environmental order or certification associated with the proposed Connecticut Juvenile Training School project shall be in accordance with this section. Not later than thirty days after the effective date of this act, the Department of Environmental Protection shall hold an informational hearing seeking public, municipal and agency comment on the environmental impact of the proposed Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55 of the general statutes, as amended by this act. Legal notice of such hearing shall be published in a newspaper having a general circulation in an area which includes the municipality in which said project is proposed to be built or is being built not more than ten nor less than five days in advance of such hearing. Not less than ten days prior to the informational hearing held by the Department of Environmental Protection, the Commissioner of Public Works shall prepare and submit to the Commissioner of Environmental Protection an evaluation of the environmental impacts of the proposed project.

(b) All comments received by the department shall be forwarded to the Commissioner of Environmental Protection for the commissioner's review. The commissioner shall take into account all public, municipal and agency comments and the evaluation prepared in accordance with subsection (a) of this section. After such review, the commissioner, in consultation with the Secretary of the Office of Policy and Management, may order any action the commissioner deems necessary to address environmental impacts or may certify that no action is necessary. Notice of the commissioner's action or certification shall be published in a newspaper having a general circulation in an area which includes the municipality in which said project is proposed to be built or is being built.

(c) If the commissioner orders action to address environmental impacts or certifies that no action is necessary, such order or certification may be appealed to the superior court for the judicial district of Hartford in accordance with the provisions of section 4-183 of the general statutes, except as otherwise provided in this section, only by the municipality where said project is located. In determining whether to file such an appeal, the municipality shall consider, among other factors, the impact of said project on water quality.

(d) Such appeal shall be brought not later than ten days after the date of publication of the notice of the commissioner's order or certification. The appellant shall serve a copy of the appeal on the Commissioner of Environmental Protection. Not later than ten days following the service of such appeal, or within such further time as may be allowed by the court, the commissioner shall cause any portion of the record that had not been transcribed to be transcribed and shall cause either the original or a certified copy of the entire record of the proceeding appealed from to be transmitted to the reviewing court. The appeal shall state the reasons upon which it is predicated and, notwithstanding any provision of the general statutes, shall not stay the development and construction of the Connecticut Juvenile Training School. The commissioner shall appear as the respondent. Appeals to the superior court shall be privileged matters and a hearing shall be held within ten calendar days after the record has been filed with the court. The court shall render judgment within fourteen calendar days of the initial hearing date.

(e) The court shall not substitute its judgment for that of the commissioner as to the weight of the evidence presented on a question of fact. The court shall affirm the order or certification of the commissioner unless the court finds that substantial rights of the party appealing the order or certification have been materially prejudiced by the commissioner's order or certification and the order or certification of the commissioner is arbitrary, capricious or characterized by abuse of discretion or is a clearly unwarranted exercise of discretion.

(f) If the court sustains the appeal, it may render a judgment that modifies the order or certification of the commissioner so as to address environmental impacts in a manner the court deems necessary.

Sec. 8. (NEW) (a) Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, when the Commissioner of Public Works finds it necessary that real property, the title to which is in the state or any municipality, political subdivision, public authority, district, quasi-public agency or other governmental entity and which is under the custody and control of any state department, commission or institution, municipality, political subdivision, public authority, district, quasi-public agency or other governmental entity, be taken for the purpose of constructing the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55 of the general statutes, as amended by this act, the commissioner shall present a petition to the entity having custody and control of such real property that custody of the real property be transferred to the commissioner and such entity shall transfer the custody and control of such real property to the commissioner for the purposes required.

(b) The commissioner or the commissioner's agent may enter upon private real property for the purpose of conducting surveys, inspections, appraisals, or environmental and geological investigations for the location or construction of the Connecticut Juvenile Training School project. After giving reasonable notice to the real property owner or owners affected, the commissioner or the commissioner's agent may also enter such property for the purpose of performing borings, soundings or other tests required to accomplish any of the foregoing objectives with respect to the Connecticut Juvenile Training School project. The commissioner or the commissioner's agent shall use care so that no unnecessary damage shall result and the state shall pay damages to the owner of any real property for any damage or injury the commissioner or the commissioner's agent causes such owner by such entrance and use. If entry to any real property for the purpose of performing borings, soundings or other tests is refused to the commissioner or the commissioner's agent after the commissioner or the commissioner's agent has given reasonable notice to the owner or owners thereof, the commissioner shall assess damages in the manner provided by this section and, at any time after such assessment has been made by said commissioner, may enter said property for the purpose of performing borings, soundings or other tests. If the real property owner accepts such assessment of damages, such owner shall notify the commissioner in writing, and said commissioner shall pay such sum to said real property owner within thirty days or, after the expiration of said thirty days, shall pay such sum with interest at six per cent. If the real property owner is aggrieved by such assessment, such owner shall notify the commissioner in writing and may appeal to any court within its jurisdiction for a reassessment of such damages within six months from the date said commissioner forwarded such assessment to such owner. This section shall not limit or modify rights of entry upon property otherwise provided for by the general statutes.

Sec. 9. Subdivision (1) of subsection (n) of section 30 of special act 93-2 of the June special session, as amended by section 164 of special act 97-1 of the June 5 special session, is amended to read as follows:

[At Long Lane School] For Connecticut Juvenile Training School and related training facilities, Middletown: Alterations, renovations and improvements to buildings and grounds, including utilities and mechanical systems, additions, new construction, [and] demolition, a study of alternative juvenile facilities, and environmental remediation costs, if any, for the existing Long Lane School, not exceeding $11,300,000.

Sec. 10. (NEW) The Commissioner of Public Works may negotiate a sole source contract for the architectural services and design for the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55 of the general statutes, as amended by this act.

Sec. 11. Section 17a-3 of the general statutes is repealed and the following is substituted in lieu thereof:

The department shall plan, create, develop, operate or arrange for, administer and evaluate a comprehensive and integrated state-wide program of services, including preventive services, for children and youth whose behavior does not conform to the law or to acceptable community standards, or who are mentally ill, including deaf and hearing impaired children and youth who are mentally ill, emotionally disturbed, substance abusers, delinquent, abused, neglected or uncared for, including all children and youth who are or may be committed to it by any court, and all children and youth voluntarily admitted to the department for services of any kind. Services shall not be denied to any such child or youth solely because of other complicating or multiple disabilities. The department shall work in cooperation with other child-serving agencies and organizations to provide or arrange for preventive programs, including but not limited to teenage pregnancy and youth suicide prevention, for children and youth and their families. The program shall provide services and placements that are clinically indicated and appropriate to the needs of the child or youth. In furtherance of this purpose, the department shall: (a) Maintain Long Lane School and other appropriate facilities exclusively for delinquents; (b) develop a comprehensive program for prevention of problems of children and youth and provide a flexible, innovative and effective program for the placement, care and treatment of children and youth committed by any court to the department, transferred to the department by other departments, or voluntarily admitted to the department; (c) provide appropriate services to families of children and youth as needed to achieve the purposes of sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, and 17a-51; (d) establish incentive paid work programs for children and youth under the care of the department and the rates to be paid such children and youth for work done in such programs and may provide allowances to children and youth in his custody; (e) be responsible to collect, interpret and publish statistics relating to children and youth within the department; (f) conduct studies of any program, service or facility developed, operated, contracted for or supported by the department in order to evaluate its effectiveness; (g) establish staff development and other training and educational programs designed to improve the quality of departmental services and programs, provided no social worker trainee shall be assigned a case load prior to completing training, and may establish educational or training programs for children, youth, parents or other interested persons on any matter related to the promotion of the well-being of children, or the prevention of mental illness, emotional disturbance, delinquency and other disabilities in children and youth; (h) develop and implement aftercare and follow-up services appropriate to the needs of any child or youth under his care; (i) establish a case audit unit to monitor each region's compliance with regulations and procedures; (j) develop and maintain a database listing available community service programs funded by the department; (k) provide outreach and assistance to persons caring for children whose parents are unable to do so by informing such persons of programs and benefits for which they may be eligible; (l) collect data sufficient to identify the housing needs of children served by the department and share such data with the Department of Economic and Community Development; (m) prepare and submit biennially to the General Assembly a five-year master plan. The master plan shall include, but not be limited to: (1) The long-range goals and the current level of attainment of such goals of the department; (2) a detailed description of the types and amounts of services presently provided to the department's clients; (3) a detailed forecast of the service needs of current and projected target populations; (4) detailed cost projections for alternate means of meeting projected needs; (5) funding priorities for each of the five years included in the plan and specific plans indicating how the funds are to be used; (6) a written plan for the prevention of child abuse and neglect; (7) a comprehensive mental health plan for children and adolescents, including children with complicating or multiple disabilities; (8) a comprehensive plan for children and youth who are substance abusers, developed in conjunction with the Department of Mental Health and Addiction Services pursuant to the provisions of sections 19a-2a and 19a-7; and (9) an overall assessment of the adequacy of children's services in Connecticut. The plan shall be prepared within existing funds appropriated to the department; and (n) prepare a plan to keep children who are convicted as delinquent and will be committed to the Department of Children and Families and placed in the new Connecticut Juvenile Training School in such facility for at least one year after their referral to the department, which plan shall include provisions for development of a comprehensive approach to juvenile rehabilitation.

Sec. 12. 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) 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, (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, (6) participate in a program of 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] such child to be mentally deficient, it may commit [him] such child 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 would not benefit from continued school attendance, the court may order [him] such child to be placed on vocational probation if such court finds that [he] such child may properly be employed for part or full-time at some useful occupation and that such employment would be favorable to [his] such child's welfare, 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] such child's treatment.

(i) 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 minimum 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] twelve months during which the child shall be placed in a residential facility operated by or under contract with said department, as determined by the Commissioner of Children and Families. The setting of [any] such [time] minimum 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.]

(j) Except as otherwise provided in this section, the court may order a child be (1) committed to the Department of Children and Families and be placed directly in a residential facility within this state and under contract with said department, or (2) committed to the Commissioner of Children and Families for placement by the commissioner, in said commissioner's discretion, (A) with respect to the juvenile offenders determined by the Department of Children and Families to be the highest risk, in the Connecticut Juvenile Training School or other state facility, presumptively for a minimum period of twelve months, or (B) in a private residential or day treatment facility within or outside this state, or (C) on parole. The commissioner shall use a risk and needs assessment classification system to ensure that children who are in the highest risk level will be placed in the Connecticut Juvenile Training School.

(k) Any female child committed to the Connecticut Juvenile Training School shall be separated from any contact with male children in said facility. Separation shall be accomplished through architectural means, through time-phasing of common use nonresidential areas and through policies and procedures. No program activities may be shared by female and male children in said facility. For the purposes of this subsection, "contact" includes any physical or sustained sight or sound contact; "sight contact" means clear visual contact between female and male children within close proximity to each other; and "sound contact" means direct oral communication between female and male children.

[(j)] (l) Notwithstanding any provisions of the general statutes concerning the confidentiality of records and information, whenever a child convicted as delinquent is committed to the Department of Children and Families, the Commissioner of Children and Families shall have access to the following information: (1) Educational records of such child; (2) records regarding such child's past treatment for physical or mental illness, including substance abuse; (3) records regarding such child's prior placement in a public or private residential facility; (4) records created or obtained by the Judicial Department regarding such child; and (5) records, as defined in subsection (a) of section 17a-28. The Commissioner of Children and Families shall review such information to determine the appropriate services and placement which will be in the best interest of the child.

Sec. 13. On or before January 1, 2000, the Commissioner of Children and Families shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to juvenile justice and to the select committee of the General Assembly having cognizance of matters relating to children on the progress of the Department of Children and Families in attaining the goals of residential placement and alternatives to residential placement for juveniles and delinquents committed to the department specified in the Juvenile Justice Reorganization Plan submitted to the Governor and General Assembly on February 1, 1996. If the department has not achieved the goals, it shall include in the report a strategy for their achievement.

Sec. 14. (NEW) The Department of Children and Families, in the maintenance, pursuant to section 17a-3 of the general statutes, as amended by this act, of the new Connecticut Juvenile Training School shall use the Manual of Standards for Juvenile Training Schools published by the American Correctional Association in order to improve safety for staff and residents of the Connecticut Juvenile Training School and to allow the Connecticut Juvenile Training School to be able to be accredited by the American Correctional Association.

Sec. 15. Section 7-63 of the general statutes is repealed and the following is substituted in lieu thereof:

When any boy [committed to the Connecticut School for Boys or any] or girl committed to [Long Lane School] the Connecticut Juvenile Training School dies, the superintendent shall cause immediate notice thereof to be sent by mail to the registrar of vital statistics of the town from which such boy or girl was so committed.

Sec. 16. Section 17-409 of the general statutes is repealed and the following is substituted in lieu thereof:

Equal privileges shall be granted to clergymen of all religious denominations to impart religious instruction to the inmates of the [Connecticut School for Boys and Long Lane School] Connecticut Juvenile Training School, and of each chartered or incorporated institution to which any minor may be committed by any court; and every reasonable opportunity shall be allowed such clergymen to give such inmates, belonging to their respective denominations, religious and moral instruction. The Commissioner [of the Department] of Children and Families shall prescribe reasonable times and places, not inconsistent with proper management, when and where such instruction, which shall be open to all who choose to attend, may be given.

Sec. 17. Section 17a-3 of the general statutes, as amended by section 11 of this act, is repealed and the following is substituted in lieu thereof:

The department shall plan, create, develop, operate or arrange for, administer and evaluate a comprehensive and integrated state-wide program of services, including preventive services, for children and youth whose behavior does not conform to the law or to acceptable community standards, or who are mentally ill, including deaf and hearing impaired children and youth who are mentally ill, emotionally disturbed, substance abusers, delinquent, abused, neglected or uncared for, including all children and youth who are or may be committed to it by any court, and all children and youth voluntarily admitted to the department for services of any kind. Services shall not be denied to any such child or youth solely because of other complicating or multiple disabilities. The department shall work in cooperation with other child-serving agencies and organizations to provide or arrange for preventive programs, including but not limited to teenage pregnancy and youth suicide prevention, for children and youth and their families. The program shall provide services and placements that are clinically indicated and appropriate to the needs of the child or youth. In furtherance of this purpose, the department shall: (a) Maintain [Long Lane School] the Connecticut Juvenile Training School and other appropriate facilities exclusively for delinquents; (b) develop a comprehensive program for prevention of problems of children and youth and provide a flexible, innovative and effective program for the placement, care and treatment of children and youth committed by any court to the department, transferred to the department by other departments, or voluntarily admitted to the department; (c) provide appropriate services to families of children and youth as needed to achieve the purposes of sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, and 17a-51; (d) establish incentive paid work programs for children and youth under the care of the department and the rates to be paid such children and youth for work done in such programs and may provide allowances to children and youth in his custody; (e) be responsible to collect, interpret and publish statistics relating to children and youth within the department; (f) conduct studies of any program, service or facility developed, operated, contracted for or supported by the department in order to evaluate its effectiveness; (g) establish staff development and other training and educational programs designed to improve the quality of departmental services and programs, provided no social worker trainee shall be assigned a case load prior to completing training, and may establish educational or training programs for children, youth, parents or other interested persons on any matter related to the promotion of the well-being of children, or the prevention of mental illness, emotional disturbance, delinquency and other disabilities in children and youth; (h) develop and implement aftercare and follow-up services appropriate to the needs of any child or youth under his care; (i) establish a case audit unit to monitor each region's compliance with regulations and procedures; (j) develop and maintain a database listing available community service programs funded by the department; (k) provide outreach and assistance to persons caring for children whose parents are unable to do so by informing such persons of programs and benefits for which they may be eligible; (l) collect data sufficient to identify the housing needs of children served by the department and share such data with the Department of Economic and Community Development; (m) prepare and submit biennially to the General Assembly a five-year master plan. The master plan shall include, but not be limited to: (1) The long-range goals and the current level of attainment of such goals of the department; (2) a detailed description of the types and amounts of services presently provided to the department's clients; (3) a detailed forecast of the service needs of current and projected target populations; (4) detailed cost projections for alternate means of meeting projected needs; (5) funding priorities for each of the five years included in the plan and specific plans indicating how the funds are to be used; (6) a written plan for the prevention of child abuse and neglect; (7) a comprehensive mental health plan for children and adolescents, including children with complicating or multiple disabilities; (8) a comprehensive plan for children and youth who are substance abusers, developed in conjunction with the Department of Mental Health and Addiction Services pursuant to the provisions of sections 19a-2a and 19a-7; and (9) an overall assessment of the adequacy of children's services in Connecticut. The plan shall be prepared within existing funds appropriated to the department; and (n) prepare a plan to keep children who are convicted as delinquent and will be committed to the Department of Children and Families and placed in the [new] Connecticut Juvenile Training School in such facility for at least one year after their referral to the department, which plan shall include provisions for development of a comprehensive approach to juvenile rehabilitation.

Sec. 18. Subsection (b) of section 17a-11 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) A child or youth voluntarily admitted to the department shall be deemed to be within the care of the commissioner until such admission is terminated. The commissioner shall terminate the admission of any child or youth voluntarily admitted to the department within ten days after receipt of a written request for termination from a parent or guardian of any child under fourteen or from a child if fourteen years of age or over, or youth, unless prior to the expiration of that time the commissioner has sought and received from the Superior Court an order of temporary custody as provided by law. The commissioner may terminate the admission of any child or youth voluntarily admitted to the department after giving reasonable notice in writing to the parent or guardian of any child under fourteen years of age and to a child over fourteen, and to any youth. Any child or youth admitted voluntarily to the department may be placed in, or transferred to, any resource, facility or institution within the department or available to the commissioner except [Long Lane School] the Connecticut Juvenile Training School, provided the commissioner shall give written notice to such child or youth and to the parent or guardian of the child of his intention to make a transfer at least ten days prior to any actual transfer, unless written notice is waived by those entitled to receive it, or unless an emergency commitment of such child is made pursuant to section 17a-502.

Sec. 19. Section 17a-12 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) When the commissioner, or [his] the commissioner's designee, determines that a change of program is in the best interest of any child or youth committed or transferred to the department, [he, or his] the commissioner or the commissioner's designee, may transfer such person to any appropriate resource or program administered by or available to the department, to any other state department or agency, or to any private agency or organization within or without the state under contract with the department; provided no child or youth voluntarily admitted to the department under section 17a-11 shall be placed or subsequently transferred to [Long Lane School] the Connecticut Juvenile Training School; and further provided no transfer shall be made to any institution, hospital or facility under the jurisdiction of the Department of Correction, except as authorized by section 18-87, unless it is so ordered by the Superior Court after a hearing. When, in the opinion of the commissioner, or [his] the commissioner's designee, a person fourteen years of age or older is dangerous to himself or herself or others or cannot be safely held at [Long Lane School] the Connecticut Juvenile Training School, or any other facility within the state available to the Commissioner of Children and Families, the commissioner, or [his] the commissioner's designee, may request an immediate hearing before the Superior Court on the docket for juvenile matters where such person was originally committed to determine whether such person shall be transferred to the John R. Manson Youth Institution, Cheshire, if a male, or the Connecticut Correctional Institution, Niantic, if a female. The court shall, within three days of the hearing, make such determination. If the court orders such transfer, the transfer shall be reviewed by the court every six months thereafter to determine whether it should be continued or terminated, unless the commissioner has already exercised the powers granted to [him] the commissioner under section 17a-13 by removing such person from the John R. Manson Youth Institution, Cheshire or the Connecticut Correctional Institution, Niantic.

(b) Unless ordered by the Superior Court at the time of commitment, no child or youth committed to the commissioner shall be placed in or transferred to a state-operated residential mental health facility under the jurisdiction of the commissioner without a hearing before the commissioner or [his] the commissioner's designee. Such hearing shall be conducted in accordance with the provisions of chapter 54.

(c) Notwithstanding the provisions of subsection (b) of this section, (1) any delinquent child may be placed at any time in [Long Lane School] the Connecticut Juvenile Training School, and (2) the commissioner may transfer any child or youth committed to [him] the commissioner to any institution, hospital or facility for mentally ill children under [his] the commissioner's jurisdiction for a period not to exceed fifteen days if the need for such emergency treatment is certified by a psychiatrist licensed to practice medicine by the state.

Sec. 20. Section 17a-27 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Children and Families after consultation with the Council on Children and Families is authorized to invest the donation fund of Long Lane School held by said institution in accordance with the provisions of the statutes relating to the investment of trust funds and, for such purpose, may accept, execute and deliver transfers and conveyances of real and personal property in the name of the state, for the use and benefit of [said school] Long Lane School or the Connecticut Juvenile Training School.

(b) The Secretary of the Office of Policy and Management, in consultation with the Commissioner of Children and Families and the Commissioner of Public Works, shall certify to the State Bond Commission that the resources derived from any sale authorized by this act in the donation fund of Long Lane School created by this section are eligible for use for the costs incurred in the relocation of Long Lane School, including environmental site remediation, and the development of the Connecticut Juvenile Training School and related training facilities and are in accordance with any deed restrictions for the construction of the project and are not in violation of any tax or other covenants made in respect of bonds originally issued to finance the Long Lane School and related properties. Upon the approval of the State Bond Commission, the Treasurer is authorized to transfer all or a portion of such resources to the bond fund to which the bond authorization in section 1 of this act has been or will be assigned.

Sec. 21. Section 17a-32 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The name of the Department of Children and Families facility at Connecticut Valley Hospital shall be Riverview Hospital for Children and Youth.

(b) The name of the Department of Children and Families facility in the city of Middletown shall be [Long Lane School] the Connecticut Juvenile Training School.

(c) The name of the Department of Children and Families facility in the town of East Windsor shall be the Connecticut Children's Place.

(d) The name of the Department of Children and Families facility in the town of Hamden shall be High Meadows.

(e) The name of the Department of Children and Families facility in the town of Hartland shall be the Wilderness School.

Sec. 22. Section 17a-185 of the general statutes is repealed and the following is substituted in lieu thereof:

Any officer of the state police or of an organized municipal police department may transport, with the sole written consent of the person transported, any person over sixteen years of age and less than eighteen years of age who appears to be away from home without permission of [his] such person's parents or guardian or who appears to be suffering from lack of food, shelter or medical care to any public or private facility, provided institutions of the Department of Correction, the [Long Lane School] Connecticut Juvenile Training School and local police detention facilities shall not be used for such purpose. The person or organization to whom such person is transported shall, if practicable, inform [his] such person's parent or guardian of [his] such person's whereabouts within twelve hours. Such procedure shall be civil in nature, shall not constitute an arrest and shall be made solely for the purpose of safeguarding the interests and welfare of such person.

Sec. 23. Section 52-261a of the general statutes is repealed and the following is substituted in lieu thereof:

Any process served by any officer or person for the Judicial Department or Division of Criminal Justice shall be served in accordance with the following schedule of fees: Each officer or person who serves process shall receive twenty cents for each mile of travel, to be computed from the place where he received the process to the place of service, and thence in the case of civil process to the place of return; provided, if more than one process is served on one person at one time by any such officer or person, the total cost of travel for such service shall be the same as for the service of one process only. Each officer or person who serves process shall also receive the moneys actually paid for town clerk's fees on the service of process. Any officer or person required to summon jurors by personal service of a warrant to attend court shall receive for the first ten miles of travel while so engaged, such mileage to be computed from the place where he receives the process to the place of service, twenty-five cents for each mile, and for each additional mile, ten cents. For summoning any juror to attend court otherwise than by personal service of the warrant, such officer or person shall receive only the sum of fifty cents and actual disbursements necessarily expended by him in making service thereof as directed. Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only his actual expenses and such reasonable sum for services as are taxed by the court. The following fees shall be allowed and paid: (1) For serving a summons or attachment by reading or copy, twenty cents, except that for serving a summons in support enforcement cases, twenty dollars; (2) for taking bail or bail bond, one dollar; (3) for copies of writs and complaints, exclusive of endorsements, sixty cents per page; (4) for endorsements, forty cents per page or fraction thereof; (5) for service of a warrant for the seizure of intoxicating liquors, or for posting and leaving notices after the seizure, or for the destruction or delivery of any such liquors under order of court, one dollar; (6) for the removal and custody of such liquors so seized, reasonable expenses, and one dollar; (7) for levying an execution, when the money is actually collected and paid over, or the debt secured by the officer to the acceptance of the creditor, three per cent on the amount of the execution; (8) on the levy of an execution on real property and on application for sale of personal property attached, to each appraiser, for each half day of actual service, two dollars, to surveyors when necessarily employed, four dollars per day and to each chain bearer necessarily employed, two dollars per day, which sums, with those paid to the town clerk, shall be, by the officer levying the execution, endorsed thereon, together with his own fees; (9) for causing an execution levied on real property to be recorded, fees for travel, and fifty cents; (10) for services on an application for the sale of personal property attached, or in selling mortgaged property foreclosed under a decree of court, the same fees as for similar services on executions; (11) for committing any person to a community correctional center, in civil actions, twenty cents a mile for travel, from the place of the court to the community correctional center, in lieu of all other expenses; and (12) for summoning and attending a jury for reassessing damages or benefits on a highway, three dollars a day. The court shall tax as costs a reasonable amount for the care of property held by any officer under attachment or execution. The officer serving any attachment or execution may claim compensation for time and expenses of any person, in keeping, securing or removing property taken thereon, provided he shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what. The compensation for the services shall be fixed on the basis of two dollars per hour and the amount of expenses and shall be taxed by the court with the costs. The following fees shall be allowed and paid, except to state employees in the classified service: For each arrest in criminal cases, one dollar and fifty cents; for any necessary assistants in making criminal arrests, a reasonable sum, the necessity of such assistance to be proved by the oath of the officer; for travel with a prisoner to court or to a community correctional center, forty cents a mile, provided, if more than one prisoner is transported at the same time, the total cost of travel shall be forty cents per mile for each prisoner transported up to a maximum of two dollars per mile, regardless of the number of prisoners transported, and provided further, if a prisoner is transported for commitment on more than one mittimus, the total cost of travel shall be the same as for the transportation of one prisoner committed on one mittimus only; for holding a prisoner in custody upon criminal process for each twelve hours or fraction thereof, to be taxed as expenses in the case, one dollar; for holding a prisoner in custody by order of court, one dollar a day; for keepers, for every twelve hours, in lieu of all other expenses, except in special cases to be approved by the court, five dollars; for executing a mittimus of commitment to the Connecticut Correctional Institution, Somers, for each prisoner, one dollar and fifty cents; for transporting any prisoner from a community correctional center to the Connecticut Correctional Institution, Somers, or for transporting any person under commitment from a community correctional center to the John R. Manson Youth Institution, Cheshire, twenty-five cents a mile, to be taxed as expenses, provided, if more than one prisoner or person is transported, the total cost of travel shall be twenty-five cents per mile for each prisoner or person transported up to a maximum of one dollar per mile, regardless of the number of prisoners or persons transported; for taking samples to a state chemist by order of court, two dollars, and for each mile of travel in going and returning, ten cents; for service of a mittimus to commit to [Long Lane School] the Connecticut Juvenile Training School, necessary expenses and a reasonable compensation; and for producing any prisoner, held by criminal process, in court or before a judge under habeas corpus proceedings, twenty-five cents a mile travel and two dollars and fifty cents a day for attendance, to be taxed and allowed by the court or judge.

Sec. 24. Section 53-164 of the general statutes is repealed and the following is substituted in lieu thereof:

Any person who aids or abets any inmate in escaping from [Long Lane School, the Connecticut School for Boys] the Connecticut Juvenile Training School or The Southbury Training School or who knowingly harbors any such inmate, or aids in abducting any such inmate who has been paroled from the person or persons to whose care and service such inmate has been legally committed, shall be fined not more than five hundred dollars or imprisoned not more than three months or both. Any sheriff, deputy sheriff, constable or officer of state or local police, and any officer or employee of any of said institutions, is authorized and directed to arrest any person who has escaped therefrom and return him thereto.

Sec. 25. Subsection (a) of section 17a-27 of the general statutes, as amended by section 20 of this act, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Children and Families after consultation with the Council on Children and Families is authorized to invest the donation fund of [Long Lane School] the Connecticut Juvenile Training School held by said institution in accordance with the provisions of the statutes relating to the investment of trust funds and, for such purpose, may accept, execute and deliver transfers and conveyances of real and personal property in the name of the state, for the use and benefit of [Long Lane School or] the Connecticut Juvenile Training School.

Sec. 26. (NEW) (a) The Department of Children and Families shall establish a public safety committee in the municipality in which the Connecticut Juvenile Training School is located. The committee shall be composed of the superintendent of said school and representatives appointed by the chief elected official of the municipality. The committee shall meet not less than quarterly to review safety and security issues which affect the host municipality.

(b) At the time the Connecticut Juvenile Training School becomes operational, the Department of Children and Families shall ensure that a community security and alert system shall be functional.

Sec. 27. Section 1-217 of the general statutes is repealed and the following is substituted in lieu thereof:

No state department, agency, board, council, commission or institution may disclose, under the Freedom of Information Act, the residential address of:

(1) A federal court judge, federal court magistrate, judge of the Superior Court, Appellate Court or Supreme Court of the state, or family support magistrate;

(2) A sworn member of a municipal police department or a sworn member of the Division of State Police within the Department of Public Safety;

(3) An employee of the Department of Correction;

(4) An attorney-at-law who represents or has represented the state in a criminal prosecution;

(5) An attorney-at-law who is or has been employed by the Public Defender Services Division;

(6) An inspector employed by the Division of Criminal Justice; [or]

(7) A firefighter; or

(8) An employee of the Department of Children and Families, if such person submits a written request for such nondisclosure and furnishes [his] such person's business address to the executive head of such department, agency, board, council, commission or institution. The business address of any person described in this section shall be subject to disclosure under section 1-210. The provisions of this section shall not apply to Department of Motor Vehicles records described in section 14-10.

Sec. 28. Section 53a-167c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of assault of a peace officer, fireman, employee of an emergency medical service organization, emergency room physician or nurse, employee of the Department of Correction, employee or member of the Board of Parole, probation officer, employee of the judicial branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission of a delinquent act or employee of the Department of Children and Families [performing duties at Long Lane School] assigned to provide direct services to children and youth in the care or custody of the department when, with intent to prevent a reasonably identifiable peace officer, fireman or employee of an emergency medical service organization, as defined in section 53a-3, emergency room physician or nurse, employee of the Department of Correction, employee or member of the Board of Parole, probation officer, employee of the judicial branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission of a delinquent act or employee of the Department of Children and Families [performing duties at Long Lane School] assigned to provide direct services to children and youth in the care or custody of the department from performing his or her duties, and while such peace officer, fireman, employee, physician, nurse, member or probation officer is acting in the performance of his or her duties, (1) such person causes physical injury to such peace officer, fireman, employee, physician, nurse, member or probation officer or (2) such person throws or hurls, or causes to be thrown or hurled, any rock, bottle, can or other article, object or missile of any kind capable of causing physical harm, damage or injury, at such peace officer, fireman, employee, physician, nurse, member or probation officer or (3) such person uses or causes to be used any mace, tear gas or any like or similar deleterious agent against such peace officer, fireman, employee, physician, nurse, member or probation officer or (4) such person throws, hurls, or causes to be thrown or hurled, any paint, dye or other like or similar staining, discoloring or coloring agent or any type of offensive or noxious liquid, agent or substance at such peace officer, fireman, employee, physician, nurse, member or probation officer.

(b) Assault of a peace officer, fireman, employee of an emergency medical service organization, emergency room physician or nurse, employee of the Department of Correction, employee or member of the Board of Parole, probation officer, employee of the judicial branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission of a delinquent act or employee of the Department of Children and Families [performing duties at Long Lane School] assigned to provide direct services to children and youth in the care or custody of the department is a class C felony. If any person who is confined in an institution or facility of the Department of Correction is sentenced to a term of imprisonment for assault of an employee of the Department of Correction under this section, such term shall run consecutively to the term for which the person was serving at the time of the assault.

Sec. 29. (a) Notwithstanding any provision of the general statutes, the Commissioner of Children and Families shall convey to the city of Middletown four parcels of land located in the city of Middletown, at a cost equal to the administrative costs of making such conveyance. Said parcels of land are identified as Lot 35 (approximately .95 acre), Lot 36 (approximately 1.02 acres), Lot 40 (approximately .34 acre) and Lot 43 (approximately one acre) in Block 29-17 on city of Middletown Tax Assessor's Map 27.

(b) The city of Middletown shall use said parcels of land for municipal purposes. If the city of Middletown:

the parcel shall revert to the state of Connecticut.

(c) Such conveyance shall be subject to the approval of the State Properties Review Board. The State Properties Review Board shall complete its review of the conveyance of said parcels of land not later than thirty days after it receives a proposed agreement from the Department of Children and Families. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section. The Commissioner of Children and Families shall have the sole responsibility for all other incidents of such conveyance.

(d) Such conveyance may also be subject to the prior approval of the Superior Court or any other court of competent jurisdiction, as applicable, of the removal or modification of any restrictions that may exist on the conveyance by the Commissioner of Children and Families of said parcels of land pursuant to this section, as may be necessary to accomplish the conveyances contemplated by this section.

Sec. 30. (a) Notwithstanding any provision of the general statutes, the Commissioner of Children and Families shall convey to the city of Middletown two parcels of land located in the city of Middletown, at a cost equal to the fair market value of said parcels. Said parcels of land are identified as Lot 37 (approximately .52 acre) and Lot 41 (approximately .34 acre) in Block 29-17 on city of Middletown Tax Assessor's Map 27. The fair market value of said parcels shall be determined by the average of the appraisals of two independent appraisers who shall be selected by such commissioner. The net revenues from the sale of said parcels shall be deposited in the donation fund of Long Lane School in accordance with the provisions of section 17a-27 of the general statutes.

(b) If the city of Middletown declines the conveyance of said parcels of land, the Commissioner of Children and Families shall offer the parcels to the Middletown Housing Authority in accordance with the provisions of subsection (a) of this section. If said authority declines the conveyance of said parcels of land, such commissioner shall offer the parcels to the public in accordance with the provisions of subsection (a) of this section.

(c) Such conveyance shall be subject to the approval of the State Properties Review Board. The State Properties Review Board shall complete its review of the conveyance of said parcels of land not later than thirty days after it receives a proposed agreement from the Department of Children and Families. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section. The Commissioner of Children and Families shall have the sole responsibility for all other incidents of such conveyance.

(d) Such conveyance may also be subject to the prior approval of the Superior Court or any other court of competent jurisdiction, as applicable, of the removal or modification of any restrictions that may exist on the conveyance by the Commissioner of Children and Families of said parcels of land pursuant to this section, as may be necessary to accomplish the conveyances contemplated by this section.

Sec. 31. (a) Notwithstanding any provision of the general statutes, the Commissioner of Mental Health and Addiction Services shall convey to the city of Middletown the following three parcels of land located on the Connecticut Valley Hospital campus in the city of Middletown, at a cost equal to the administrative costs of making such conveyance:

(1) A parcel of land having an area of approximately 110 acres and bounded on the north by River Road to the eastern property line of the Department of Children and Families Riverview Hospital for Children, then along the eastern property line of the Riverview Hospital for Children, then along the southern property line of the Riverview Hospital for Children in a straight line continuing to a paved hospital road, then along the eastern property line of Connecticut Valley Hospital sites 43 and 44 as shown on Map 3 on page 8 of a report entitled "Connecticut Valley Hospital Property Report", issued by the Office of the Attorney General on August 31, 1994, then along the northern and eastern property lines of land now or formerly of L. Scoville to Bow Lane, then along Bow Lane to the western property line of land now or formerly of Marchand, then along the western and northern property lines of land now or formerly of Marchand, then along the northern property line of land now or formerly of Harney, then along the western, northern and eastern property lines of land now or formerly of Krukulski, then along the northern property line of land now or formerly of Burleson, and then along the eastern property lines of Connecticut Valley Hospital to River Road. Said parcel of land to be conveyed shall not include a building, and such portion of land adjacent to such building as required to comply with city of Middletown zoning bylaws, ordinances and regulations, that are located in the portion of said parcel of land that extends southerly between land now or formerly of L. Scoville and land now or formerly of Marchand to Bow Lane;

(2) A parcel of land having an area of approximately 14 acres and bounded on the north by Reservoir Road, on the east by Cedar Lane and on the south and west by class I or class II water company land classified pursuant to sections 25-37a to 25-37h, inclusive, of the general statutes and shown on "Water Property Map, Figure 3-4" in a plan entitled "State of Connecticut Department of Mental Health and Addiction Services Water Supply Plan, Connecticut Valley Hospital, Middletown, Connecticut, revised May 31, 1996, and approved by the Connecticut Department of Public Health, August 20, 1996"; and

(3) A parcel of land having an area of approximately 28.5 acres and bounded on the north by Brooks Road, on the west and south by the Connecticut Valley Hospital property line and on the east by class I or class II water company land classified pursuant to sections 25-37a to 25-37h, inclusive, of the general statutes and shown on the water property map described in subdivision (2) of this subsection.

The Commissioner of Mental Health and Addiction Services shall prepare a land survey of said three parcels of land prior to the conveyance of said parcels under this section.

(b) The parcel of land described in subdivision (1) of subsection (a) of this section shall be conveyed subject to a condition that the city of Middletown or its lessee shall pay the Commissioner of Children and Families for the relocation of the tennis courts and athletic fields that are currently located to the south of the Riverview Hospital for Children on said parcel.

(c) The city of Middletown shall use said parcels of land for the following purposes: Agriculture, parks, natural areas, forests, camping, fishing, wetlands preservation, wildlife habitat, swimming, hiking or active recreational purposes. If the city of Middletown:

the parcel shall revert to the state of Connecticut.

(d) Such conveyance shall be subject to the approval of the State Properties Review Board. The State Properties Review Board shall complete its review of the conveyance of said parcels of land not later than thirty days after it receives a proposed agreement from the Department of Mental Health and Addiction Services. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsections (b) and (c) of this section. The Commissioner of Mental Health and Addiction Services shall have the sole responsibility for all other incidents of such conveyance.

Sec. 32. Section 7 of special act 95-25 is amended to read as follows:

(a) Notwithstanding any provision of the general statutes to the contrary, the [commissioner of mental health] Commissioner of Mental Health and Addiction Services shall convey to the city of Middletown, subject to the approval of the State Properties Review Board and at a cost equal to the administrative costs of making such conveyance, two parcels of land located on the Connecticut Valley Hospital campus in the city of Middletown, and described as follows: (1) Lot number 1 in block number 31-4 on city of Middletown Tax Assessor's maps numbered 42 and 47, which parcel has an area of approximately 97 acres, and (2) lot number 1 in block number 25-2 on city of Middletown Tax Assessor's maps numbered 41 and 46, which parcel has an area of approximately 30.4 acres.

(b) (1) The parcel of land described in subdivision (1) of subsection (a) of this section shall be conveyed subject to the following [conditions: (A)] condition: The city of Middletown shall grant easements to the [commissioner of mental health] Commissioner of Mental Health and Addiction Services for water mains traversing said parcel and for facilities at the corner of Bartholemew Road and Bow Lane on said parcel which are to be constructed for connecting the water supply for the Connecticut Valley Hospital with the water supply for the city of Middletown. [; and (B) the city of Middletown shall grant the commissioner of mental health access to the gravel located on said parcel and the right to remove gravel from said parcel for the purposes of the Connecticut Valley Hospital.] (2) The state of Connecticut shall assign to the city of Middletown the state's rights and obligations under any agreements for the use of either or both of the parcels of land described in subsection (a) of this section for growing and harvesting agricultural products.

(c) The city of Middletown shall use the parcels of land described in subsection (a) of this section for the following purposes: [, which shall not include any commercial development:] Agriculture, parks, natural areas, forests, camping, fishing, wetlands preservation, riverfront preservation, wildlife habitat, swimming, [or] hiking, or active recreational purposes. If the city of Middletown (1) does not use said parcels for said purposes, or (2) does not retain ownership of all of said parcels, [or (3) leases all or any portion of said parcels,] the parcels shall revert to the state of Connecticut.

(d) The State Properties Review Board shall complete its review of the conveyance of said parcels of land not later than thirty days after it receives a proposed agreement from the [department of mental health] Department of Mental Health and Addiction Services. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsections (b) and (c) of this section, and the [commissioner of mental health] Commissioner of Mental Health and Addiction Services shall have the sole responsibility for all other incidents of such conveyance.

Sec. 33. The Office of Policy and Management, in consultation with the Department of Public Works, the Department of Mental Health and Addiction Services, the Department of Children and Families, the Department of Public Health and the Department of Environmental Protection, shall conduct a study to determine and identify any other eligible state land in the city of Middletown that may be conveyed to the city of Middletown. The Office of Policy and Management shall submit a report on its findings to the Governor and the General Assembly, in accordance with the provisions of section 11-4a of the general statutes.

Sec. 34. Notwithstanding the provisions of section 12-19a, 12-19b or 12-19c of the general statutes, the Secretary of the Office of Policy and Management shall, not later than September 1, 1999, certify to the State Comptroller a state grant in lieu of taxes with respect to the superior court house in the city of Middletown and Long Lane School. Said grant shall equal twenty per cent of the taxes that would have been paid with respect to the superior court house, in the fiscal year commencing July 1, 1997, and one hundred per cent of the taxes that would have been paid with respect to Long Lane School, in the fiscal year commencing July 1, 1998, except for the exemptions applicable to such properties. The State Comptroller shall draw an order on the State Treasurer on or before the fifteenth day of September following receipt of such certification and the State Treasurer shall pay the amount of such order to the city of Middletown on or before the thirtieth day of said September.

Sec. 35. (a) Notwithstanding any provision of the general statutes or any special act, the Commissioner of Children and Families shall convey to Wesleyan University the following two parcels of land located in the city of Middletown: (1) A parcel of land having an area of approximately 89.8 acres, that is identified as Lot 32 in Blocks 23/20 and 29/3 on city of Middletown Tax Assessor's Map 25; and (2) a parcel of land having an area of approximately 62.7 acres, that is identified as Lot 28 in Block 29/1 on city of Middletown Tax Assessor's Map 25. The purchase price to be paid by Wesleyan University to the Commissioner of Children and Families for said two parcels shall be fifteen million dollars to be paid in full by the closing on said parcels, that such commissioner shall use to assist in the relocation of Long Lane School, including environmental site remediation, and the development of the Connecticut Juvenile Training School and related training facilities. Such conveyance shall be made upon the filing with the Governor and the General Assembly of a written certification by the Commissioner of Children and Families that (A) there is substantial progress in the construction of the Connecticut Juvenile Training School, and (B) any appeal taken pursuant to this act has been finally determined.

(b) The net revenues from the sale of said parcels shall be deposited in the donation fund of Long Lane School in accordance with the provisions of section 17a-27 of the general statutes.

(c) On or before the conveyance of the parcels described in subdivisions (1) and (2) of subsection (a) of this section or January 1, 2000, whichever is earlier, the Commissioner of Children and Families shall enter into a comprehensive agreement with Wesleyan University providing for the following:

(1) That Wesleyan University shall lease said parcels back to the Commissioner of Children and Families. Such lease shall take effect on the date of the conveyance of said parcels from such commissioner. Such lease shall remain in effect until such commissioner certifies that the new Connecticut Juvenile Training School is operational. Such lease shall also provide for rent payable to Wesleyan University in the amount of one dollar per year, and shall also provide full indemnification and hold harmless protection to Wesleyan University for all costs and expenses sought to be imposed against Wesleyan University in connection with the occupancy of said parcels by such commissioner;

(2) That Wesleyan University shall leave intact all buildings and other improvements on said parcels until the termination of the lease required under subdivision (1) of this subsection. After such lease termination, Wesleyan University shall be responsible for the cost and for the carrying out of the demolition of such buildings and improvements; and

(3) That upon such lease termination, Wesleyan University shall cause environmental site assessments of said parcels to be conducted in as many phases as may be necessary to characterize the environmental condition of said parcels and to quantify any contamination of said parcels. Wesleyan University shall evaluate such characterization or quantification, or both, in conformity with such remediation standards as are adopted by the Commissioner of Environmental Protection pursuant to section 22a-133k of the general statutes. Wesleyan University shall cause such remediation as may be required for said parcels to meet said remediation standards, shall proceed to conclusion on a schedule approved by the Commissioner of Environmental Protection, and shall obtain confirmation from the Commissioner of Environmental Protection that said remediation standards have been met. The state, on a semiannual basis, shall reimburse Wesleyan University for: (A) All necessary costs of environmental site assessments of said parcels, including laboratory charges; (B) all necessary costs of such remediation as may be required for said parcels to meet said remediation standards; and (C) all reasonable costs incurred by Wesleyan University for removal of above-ground storage tanks, underground storage tanks and all appurtenant facilities on said parcels, including removal of any contamination resulting from such tanks, abatement and removal of asbestos-containing materials, polychlorinated biphenyls including, but not limited to, any polychlorinated biphenyl-containing lighting ballasts, and lead-based paint, the remediation of all waste storage areas and any and all material, substance or waste identified under any federal or state law, regulation or ordinance as being a hazardous substance, toxic substance, hazardous material, hazardous waste or any other regulated substance, material or waste in connection with the demolition of the Long Lane buildings. The procedures and terms for those costs and expenses eligible for reimbursement under this subdivision shall be negotiated and agreed to in the purchase and sale agreement by and between Wesleyan University and the Commissioner of Children and Families. The Commissioner of Children and Families may, in consultation with the Insurance Purchasing Board, obtain insurance to cover, in whole or in part, the risk to the state of the obligations imposed by this subdivision.

(d) Such conveyance shall be subject to the prior approval of the State Properties Review Board. The State Properties Review Board shall complete its review of the conveyance of said parcels of land not later than thirty days after it receives an executed purchase and sale agreement from the Department of Children and Families. The property to be conveyed shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section and until the termination of the lease required under subdivision (1) of subsection (c) of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for such conveyance, which deed or instrument shall include provisions to carry out any conditions or covenants related to such conveyance. The Commissioner of Children and Families shall have the sole responsibility for all other incidents of such conveyance.

(e) Such conveyance may also be subject to the prior approval of the Superior Court or any other court of competent jurisdiction, as applicable, of the removal or modification of any restrictions that may exist on the conveyance by the Commissioner of Children and Families of said parcels of land pursuant to this section, as may be necessary to accomplish the conveyances contemplated by this section.

Sec. 36. (a) Notwithstanding any provision of the general statutes or any special act, the Commissioner of Children and Families shall convey to Wesleyan University fourteen parcels of land located in the city of Middletown, having an area of approximately 4.85 acres and identified as Lots 14 to 27, inclusive, in Block 29/1 on city of Middletown Tax Assessor's Map 25. The purchase price to be paid by Wesleyan University to the Commissioner of Children and Families for said fourteen parcels shall be the greater of: (1) Nine hundred fifty thousand dollars, or (2) the fair market value of said parcels as determined by the average of the appraisals of two independent appraisers who shall be selected by such commissioner. The net revenues from the sale of said parcels shall be deposited in the donation fund of Long Lane School in accordance with the provisions of section 17a-27 of the general statutes.

(b) Such conveyance shall also be subject to the approval of the State Properties Review Board. The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Children and Families. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section. The Commissioner of Children and Families shall have the sole responsibility for all other incidents of such conveyance.

(c) Such conveyance may be subject to the prior approval of the Superior Court or any other court of competent jurisdiction, as applicable, of the removal or modification of any restrictions that may exist on the conveyance by the Commissioner of Children and Families of said parcels of land pursuant to this section, as may be necessary to accomplish the conveyances contemplated by this section.

Sec. 37. (a) The Secretary of the Office of Policy and Management shall convene a critical response team to make recommendations concerning the operation of a new Connecticut Juvenile Training School and concerning the oversight by the Department of Children and Families of delinquent children in its custody. The team shall consist of two representatives from the Department of Children and Families who shall be knowledgeable concerning the existing Long Lane School, one representative each from the Departments of Correction, Mental Health and Addiction Services and Education, one representative from the office of the Governor and one representative from a private residential treatment facility, all of whom shall be appointed by the Governor, and two representatives from the judicial branch who shall be knowledgeable concerning the Office of Alternative Sanctions and juvenile detention, who shall be appointed by the Chief Court Administrator.

(b) The team shall organize itself into appropriate subcommittees to develop recommendations regarding: (1) A revised program for serious juvenile offenders who are committed to the Department of Children and Families for a minimum of twelve months; (2) sight and sound separation for any girls committed to the Connecticut Juvenile Training School and alternative facilities, siting issues and appropriate programming for girls who are committed to the Department of Children and Families; (3) appropriate staffing levels for medical personnel at the facility and a plan to ensure health screenings are carried out promptly at admission; (4) substance abuse programs; (5) appropriate security measures; (6) appropriate suicide screening at time of admission and ongoing prevention measures to control suicidal behavior; (7) how best to ensure that the educational needs of the residents are met and appropriate special education curriculum is available; (8) a mentoring program; (9) how best to ensure that residents receive all appropriate services; (10) training of staff; (11) the racial and ethnic composition of children committed to the facility, including an assessment of the relationship between the proportions of minorities in the juvenile justice system and in the overall juvenile population, a calculation of the rates of overrepresentation and an analysis of all aspects of the juvenile justice system, including, but not limited to, the decision to arrest a juvenile, the decision to turn such juvenile over to a detention center, the decision to file a formal petition of delinquency and the decision to resolve the case by formal probation, placement in a residential facility or transfer to a secure juvenile facility; (12) performance-based standards, particularly in the areas of education, treatment services, health care and mental health, and the outcomes that should be achieved for these children; and (13) any other area in which the team determines changes should be made.

(c) The team shall submit a report on its recommendations to the Governor and the General Assembly on or before January 1, 2000. The report shall include a determination of whether the new facility will comply with the standards of the American Correctional Association, the American Bar Association/Institute for Judicial Administration Standards and the National Commission on Correctional Health Care, an affiliate of the American Medical Association. The report shall recommend policies that regulate the use and duration of juvenile confinement and identify nonconfinement placement options.

Sec. 38. The Office of Policy and Management, in consultation with the Department of Children and Families and the Department of Public Works, shall determine the potential sites for and costs associated with the construction of three secure regional juvenile facilities, each with not more than fifty beds, and whether one of such facilities shall be used exclusively to house female juveniles. The office shall report its findings and recommendations to the Governor and the General Assembly not later than January 1, 2000.

Sec. 39. This act shall take effect from its passage, except that section 28 shall take effect October 1, 1999, and sections 12, 15 to 19, inclusive, and 21 to 25, inclusive, shall take effect upon the filing with the Governor and the General Assembly of written certification by the Commissioner of Children and Families that the new Connecticut Juvenile Training School is operational.

Approved May 7, 1999

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