Substitute House Bill No. 6147

Public Act No. 01-181


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

Section 1. Section 17a-6 of the general statutes is repealed and the following is substituted in lieu thereof:

The commissioner or [his] the commissioner's designee shall:

(a) Establish or contract for the use of a variety of facilities and services for identification, evaluation, discipline, rehabilitation, aftercare, treatment and care of children and youth in need of the department's services;

(b) Administer in a coordinated and integrated manner all institutions and facilities which are or may come under the jurisdiction of the department and may appoint advisory groups for any such institution or facility;

(c) Encourage the development of programs and the establishment of facilities for children and youth by public or private agencies and groups;

(d) Enter into cooperative arrangements with public or private agencies outside the state;

(e) Insure that all children under [his] the commissioner's supervision have adequate food, clothing, shelter and adequate medical, dental, psychiatric, psychological, social, religious and other services;

(f) Provide, in [his] the commissioner's discretion, needed service to any municipality, agency, or person, whether or not such person is committed to [him] the commissioner;

(g) Adopt and enforce regulations and establish rules for the internal operation and administration of the department in accordance with chapter 54;

(h) Undertake, contract for or otherwise stimulate research concerning children and youth;

(i) Subject to the provisions of chapter 67, appoint such professional, technical and other personnel as may be necessary for the efficient operation of the department;

(j) Coordinate the activities of the department with those of other state departments, municipalities and private agencies concerned with providing services for children and youth and their families;

(k) Act as administrator of the Interstate Compact on Juveniles established by section 46b-151a, when so designated by the Governor in accordance with section 46b-151c;

(l) Provide or arrange for the provision of suitable education for every child under [his] the commissioner's supervision, either in public schools, special educational programs, private schools, educational programs within the institutions or facilities under [his] the commissioner's jurisdiction, or work and training programs otherwise provided by law. The suitability of educational programs provided by the commissioner shall be subject to review by the Department of Education;

(m) Submit to the state advisory council for its comment proposals for new policies or programs and the proposed budget for the department;

(n) Have any and all other powers and duties as are necessary to administer the department and implement the purposes of sections 17a-1 to 17a-26, inclusive, and 17a-28 to 17a-49, inclusive; [and]

(o) Conduct and render a final decision in administrative hearings; and

(p) Provide programs for juvenile offenders that are gender specific in that they comprehensively address the unique needs of a targeted gender group.

Sec. 2. Section 46b-121h of the general statutes is repealed and the following is substituted in lieu thereof:

It is the intent of the General Assembly that the juvenile justice system provide individualized supervision, care, accountability and treatment in a manner consistent with public safety to those juveniles who violate the law. The juvenile justice system shall also promote prevention efforts through the support of programs and services designed to meet the needs of juveniles charged with the commission of a delinquent act. The goals of the juvenile justice system shall be to:

(1) Hold juveniles accountable for their unlawful behavior;

(2) Provide secure and therapeutic confinement to those juveniles who present a danger to the community;

(3) Adequately protect the community and juveniles;

(4) Provide programs and services that are community-based and are provided in close proximity to the juvenile's community;

(5) Retain and support juveniles within their homes whenever possible and appropriate;

(6) Base probation treatment planning upon individual case management plans;

(7) Include the juvenile's family in the case management plan;

(8) Provide supervision and service coordination where appropriate and implement and monitor the case management plan in order to discourage reoffending;

(9) Provide follow-up and nonresidential postrelease services to juveniles who are returned to their families or communities;

(10) Promote the development and implementation of community-based programs including, but not limited to, mental health services, designed to prevent unlawful behavior and to effectively minimize the depth and duration of the juvenile's involvement in the juvenile justice system; and

(11) Create and maintain programs for juvenile offenders that are gender specific in that they comprehensively address the unique needs of a targeted gender group.

Sec. 3. Section 46b-121k of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Office of Alternative Sanctions shall be charged with the duty of developing constructive programs for the prevention and reduction of delinquency and crime among juvenile offenders. To that end, the director shall cooperate with other agencies to encourage the establishment of new programs and to provide a continuum of services for juvenile offenders who do not require secure placement. The programs shall be tailored to the type of juvenile including the juvenile's offense history, age, gender, mental health and chemical dependency problem, and other characteristics. The Office of Alternative Sanctions shall develop programs that provide: (1) Intensive general educational programs, with an individual educational plan for each juvenile; (2) specific educational components in the management of anger and nonviolent conflict resolution; (3) treatment for chemical dependency; (4) mental health screening, assessment and treatment; and (5) sexual offender treatment.

(b) The Office of Alternative Sanctions may contract to establish regional secure residential facilities and regional highly supervised residential and nonresidential facilities for juveniles referred by the court. Such facilities shall operate within contracted-for capacity limits. Such facilities shall be exempt from the licensing requirements of section 17a-145.

(c) The Office of Alternative Sanctions shall collaborate with private residential facilities providing residential programs and with community-based nonresidential postrelease programs.

(d) Any program developed by the Office of Alternative Sanctions that is designed to prevent or reduce delinquency and crime among juvenile offenders shall be gender specific, as necessary, and shall comprehensively address the unique needs of a targeted gender group.

Approved July 11, 2001