Connecticut Seal

General Assembly

 

Raised Bill No. 5642

February Session, 2016

 

LCO No. 3331

 

*03331_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY OVERSIGHT COMMITTEE.

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

Section 1. Section 46b-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

(a) Nothing in this part shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of warrants by judges in the manner provided by section 54-2a, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process appears imperative. Whenever a child is arrested and charged with a crime, such child may be required to submit to the taking of his photograph, physical description and fingerprints. Notwithstanding the provisions of section 46b-124, the name, photograph and custody status of any child arrested for the commission of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or class A felony may be disclosed to the public.

(b) Whenever a child is brought before a judge of the Superior Court, such court shall be the court for juvenile matters in the geographical area in which the child resides, provided the residence of such child can be determined, and the judge shall immediately have the case proceeded upon as a juvenile matter. Such judge may admit the child to bail or release the child in the custody of the child's parent or parents, the child's guardian or some other suitable person to appear before the Superior Court when ordered. If detention becomes necessary, such detention shall be in the manner prescribed by this chapter, provided the child shall be placed in the least restrictive environment possible in a manner consistent with public safety.

(c) Upon the arrest of any child by an officer, such officer may (1) release the child to the custody of the child's parent or parents, guardian or some other suitable person or agency, (2) at the discretion of the officer, release the child to the child's own custody, or (3) seek a court order to detain the child in a juvenile detention center. No child shall be placed in detention unless [it appears] the court determines from the available facts that there is probable cause to believe that the child has committed the acts alleged, there is no less restrictive alternative available and, through the use of the detention risk screening instrument developed pursuant to section 2 of this act, there is (A) [a strong probability that the child will run away prior to the court hearing or disposition, (B)] a strong probability that the child will commit or attempt to commit other offenses injurious [to the child or] to the community prior to the court disposition, [(C) probable cause to believe that the child's continued residence in the child's home pending disposition poses a risk to the child or the community because of the serious and dangerous nature of the act or acts the child is alleged to have committed, (D)] (B) a need to hold the child for another jurisdiction, [(E)] or (C) a need to hold the child to assure the child's appearance before the court, in view of the child's previous failure to respond to the court process. [, or (F) a finding by the court that the child has violated one or more of the conditions of a suspended detention order.] No child shall be held in any detention center unless an order to detain is issued by a judge of the Superior Court.

(d) (1) When a child is arrested for the commission of a delinquent act and the child is not placed in detention or referred to a diversionary program, an officer shall serve a written complaint and summons on the child and the child's parent, guardian or some other suitable person or agency. If such child is released to the child's own custody, the officer shall make reasonable efforts to notify, and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons. If any person so summoned wilfully fails to appear in court at the time and place so specified, the court may issue a warrant for the child's arrest or a capias to assure the appearance in court of such parent, guardian or other person. If a child wilfully fails to appear in response to such a summons, the court may order such child taken into custody and such child may be charged with the delinquent act of wilful failure to appear under section 46b-120. The court may punish for contempt, as provided in section 46b-121, as amended by this act, any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified.

(2) Upon the arrest of any youth by an officer for a violation of section 53a-82, such officer shall report suspected abuse or neglect to the Department of Children and Families in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.

(e) The court or detention supervisor may turn such child over to a youth service program created for such purpose, if such course is practicable, or such child may be detained pending a hearing which shall be held on the business day next following the child's arrest. No child shall be detained after such hearing or held in detention pursuant to a court order unless it appears from the available facts there is probable cause to believe that the child has committed the acts alleged, there is no less restrictive alternative available and that there is (1) [a strong probability that the child will run away prior to the court hearing or disposition, (2)] a strong probability that the child will commit or attempt to commit other offenses injurious [to the child or] to the community prior to the court disposition, [(3) probable cause to believe that the child's continued residence in the child's home pending disposition poses a risk to the child or the community because of the serious and dangerous nature of the act or acts the child is alleged to have committed, (4)] (2) a need to hold the child for another jurisdiction, [(5)] or (3) a need to hold the child to assure the child's appearance before the court, in view of the child's previous failure to respond to the court process. [, or (6) a finding by the court that the child has violated one or more of the conditions of a suspended detention order.] Such probable cause may be shown by sworn affidavit in lieu of testimony. No child shall be released from detention who is alleged to have committed a serious juvenile offense except by order of a judge of the Superior Court. Any child confined in a community correctional center or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement. When a female child is held in custody, she shall, as far as possible, be in the charge of a woman attendant.

(f) The police officer who brings a child into detention shall have first notified, or made a reasonable effort to notify, the parents or guardian of the child in question of the intended action and shall file at the detention center a signed statement setting forth the alleged delinquent conduct of the child [. Unless the arrest was] and the order to detain such child. Upon admission, the child shall be administered the detention risk assessment instrument developed pursuant to section 2 of this act, and unless the child was arrested for a serious juvenile offense or unless an order not to release is noted on the take into custody order, arrest warrant or order to detain, the child may be released [by a detention supervisor] to the custody of the child's parent or parents, guardian or some other suitable person or agency in accordance with policies adopted by the Court Support Services Division of the Judicial Department pursuant to section 3 of this act.

(g) In conjunction with any order of release from detention, the court may, when it has reason to believe a child is alcohol-dependent or drug-dependent as defined in section 46b-120, and where necessary, reasonable and appropriate, order the child to participate in a program of periodic alcohol or drug testing and treatment as a condition of such release. The results of any such alcohol or drug test shall be admissible only for the purposes of enforcing the conditions of release from detention.

(h) The detention supervisor of a juvenile detention center in charge of intake shall admit only a child who: (1) Is the subject of an order to detain or an outstanding court order to take such child into custody, (2) is ordered by a court to be held in detention, or (3) is being transferred to such center to await a court appearance.

(i) Whenever a child is subject to a court order to take such child into custody, or other process issued pursuant to this section or section 46b-140a, the Judicial Branch may cause the order or process to be entered into a central computer system in accordance with policies and procedures established by the Chief Court Administrator. The existence of the order or process in the computer system shall constitute prima facie evidence of the issuance of the order or process. Any child named in the order or process may be arrested or taken into custody based on the existence of the order or process in the computer system and, if the order or process directs that such child be detained, the child shall be held in a juvenile detention center.

(j) In the case of any child held in detention, the order to detain such child shall not be for a period that exceeds seven days, or until the dispositional hearing is held, whichever is shorter, unless following a detention review hearing, such order is renewed for a period that does not exceed seven days, or until the dispositional hearing is held, whichever is shorter.

Sec. 2. (NEW) (Effective from passage) (a) Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall develop and implement a detention risk assessment instrument to be used to determine whether there is: (1) Probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition, or (2) a need to hold the child in order to assure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court. Such instrument shall be used when assessing whether a child should be detained pursuant to section 46b-133 of the general statutes, as amended by this act.

(b) When a child adjudicated as delinquent is presented before the court and it appears from the available facts there is probable cause to believe the child has violated a valid court order, the court, after administering the detention risk assessment instrument, may order the child to participate in nonresidential programs for intensive wraparound services, community-based residential services for short-term respite or other services and interventions the court deems appropriate.

Sec. 3. (NEW) (Effective from passage) Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall adopt policies and procedures setting out the parameters under which Court Support Services Division staff may release a child from detention pursuant to subsection (f) of section 46b-133 of the general statutes, as amended by this act. The division may update such parameters at such times as the division deems necessary.

Sec. 4. Section 46b-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

(a) Notwithstanding any provision of this chapter: (1) No child who has been adjudicated as a child from a family with service needs in accordance with section 46b-149 may be processed or held in a juvenile detention center as a delinquent child, or be convicted as delinquent, [solely] for the violation of a valid order which regulates future conduct of the child that was issued by the court following such an adjudication, unless the child is also accused of a crime; and (2) no such child who is found to be in violation of any such order may be [punished] detained for such violation by placement in any juvenile detention center.

(b) In entering any order that directs or authorizes placement or commitment of a child who has been adjudicated as a child from a family with service needs in accordance with section 46b-149, the court shall make a determination that there is no less restrictive alternative appropriate to the needs of such child and the community.

Sec. 5. (NEW) (Effective January 1, 2017) The Court Support Services Division of the Judicial Department shall establish a case review team in a manner determined by the division. The probation officer of a child who has been adjudicated as delinquent pursuant to section 46b-140 of the general statutes, shall consult with such team prior to determining whether a child may have violated any valid order that regulates future conduct of the child made by the court following such an adjudication, and whether such potential violation should cause the probation officer to file a petition with the court alleging that the child has violated such court order.

Sec. 6. (Effective from passage) (a) Not later than October 1, 2016, the executive director of the Court Support Services Division of the Judicial Department and the Commissioner of Children and Families shall jointly develop and implement a plan to ensure that community-based services provided to children who are diverted, under the provisions of chapter 815t of the general statutes, from detention. Such plan shall address needs of the child, concerning (1) behavioral health, (2) intervention in the case of family violence, as defined in section 46b-38a of the general statutes, and (3) identification and resolution of precipitating behavioral factors that may be exhibited by a child who may run away. Such services shall include assessment centers, intensive care coordination and respite beds.

(b) Not later than January 1, 2017, the executive director and the commissioner shall jointly report, in accordance with the provisions of section 11-4a of the general statutes, on the implementation of the plan pursuant to subsection (a) of this section, to the Juvenile Justice Policy and Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act.

Sec. 7. Subdivision (1) of subsection (b) of section 46b-121 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) (1) In juvenile matters, the Superior Court shall have authority to make and enforce such orders directed to parents, including any person who acknowledges before the court paternity of a child born out of wedlock, guardians, custodians or other adult persons owing some legal duty to a child or youth therein, as the court deems necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child or youth subject to the court's jurisdiction or otherwise committed to or in the custody of the Commissioner of Children and Families. The Superior Court may order a local or regional board of education to provide to the court educational records of a child or youth for the purpose of determining the need for services or placement of the child or youth. In proceedings concerning a child charged with a delinquent act or with being from a family with service needs, records produced subject to such an order shall be maintained under seal by the court and shall be released only after a hearing or with the consent of the child. Educational records obtained pursuant to this section shall be used only for dispositional purposes. In addition, with respect to proceedings concerning delinquent children, the Superior Court shall have authority to make and enforce such orders as the court deems necessary or appropriate to [punish the child] provide individualized supervision, care, accountability and treatment in a manner consistent with public safety to such child, deter the child from the commission of further delinquent acts, assure that the safety of any other person will not be endangered and provide restitution to any victim. The Superior Court shall also have authority to grant and enforce temporary and permanent injunctive relief in all proceedings concerning juvenile matters.

Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of Children and Families and the Juvenile Justice Policy Oversight Committee, established pursuant to section 46b-121n of the general statutes, as amended by this act, shall jointly develop a preliminary and a final plan for the closures of the Connecticut Juvenile Training School and the Pueblo Unit for girls, which closures shall not be later than July 1, 2018. Such plans shall (1) incorporate comments from national experts and local stakeholders, (2) include community-based secure and nonsecure congregate care settings, supervision and programming based on nationally accepted best practices, (3) promote public safety, youth rehabilitation and the elimination of racial and ethnic disparity, and (4) ensure the optimal use of public resources.

(b) Not later than January 1, 2016, the commissioner and committee shall report a preliminary plan and not later than January 1, 2017, the commissioner and committee shall report a final plan, in accordance with the provisions of section 11-4a of the general statutes, developed pursuant to subsection (a) of this section and recommendations for legislation necessary to carry out said plans, if any, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, judiciary and children.

Sec. 9. (Effective from passage) Not later than April 1, 2017, the Judicial Department shall, in accordance with the provisions of section 11-4a of the general statutes, report to the Juvenile Justice Policy and Oversight Committee, established pursuant to section 46b-121a, of the general statutes, on (1) the implementation of changes made by this act to section 46b-133 of the general statutes, as amended by this act, section 46b-149f of the general statutes, as amended by this act, and section 46b-148 of the general statutes, as amended by this act, (2) the development and implementation of a detention risk screening instrument pursuant to section 2 of this act, (3) the development of parameters by which a child may be released from detention pursuant to section 3 of this act, and (4) the establishment of a case review team pursuant to section 6 of this act.

Sec. 10. Subdivision (5) of section 46b-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

(5) "Family with service needs" means a family that includes a child who is at least seven years of age and is under eighteen years of age who (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's or youth's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) [is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, or (E)] is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child or youth;

Sec. 11. Section 10-198a of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

(a) For purposes of this section and sections 10-198c and 10-220, "truant" means a child age five to eighteen, inclusive, who is enrolled in a public or private school and has four unexcused absences from school in any one month or ten unexcused absences from school in any school year.

(b) Each local and regional board of education shall adopt and implement policies and procedures concerning truants who are enrolled in schools under the jurisdiction of such board of education. Such policies and procedures shall include, but need not be limited to, the following: (1) The holding of a meeting with the parent of each child who is a truant, or other person having control of such child, and appropriate school personnel to review and evaluate the reasons for the child being a truant, provided such meeting shall be held not later than ten school days after the child's fourth unexcused absence in a month or tenth unexcused absence in a school year, (2) coordinating services with and referrals of children to community agencies providing child and family services, (3) annually at the beginning of the school year and upon any enrollment during the school year, notifying the parent or other person having control of each child enrolled in a grade from kindergarten to eight, inclusive, in the public schools in writing of the obligations of the parent or such other person pursuant to section 10-184, (4) annually at the beginning of the school year and upon any enrollment during the school year, obtaining from the parent or other person having control of each child in a grade from kindergarten to eight, inclusive, a telephone number or other means of contacting such parent or such other person during the school day, (5) the implementation of a truancy intervention model approved by the State Board of Education pursuant to section 12 of this act, by any local or regional board of education with a school under its jurisdiction that has a disproportionately high rate of truancy, as determined by the Commissioner of Education, in any such school, with the assistance of and oversight by the Department of Education, and [(5)] (6) a system of monitoring individual unexcused absences of children in grades kindergarten to eight, inclusive, which shall provide that whenever a child enrolled in school in any such grade fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the child's parent or other person having control of the child is aware of the pupil's absence, a reasonable effort to notify, by telephone and by mail, the parent or such other person shall be made by school personnel or volunteers under the direction of school personnel. [Such mailed notice shall include a warning that two unexcused absences from school in a month or five unexcused absences in a school year may result in a complaint filed with the Superior Court pursuant to section 46b-149 alleging the belief that the acts or omissions of the child are such that the child's family is a family with service needs.] Any person who, in good faith, gives or fails to give notice pursuant to subdivision [(5)] (6) of this subsection shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding which results from such notice or failure to give such notice.

[(c) If the parent or other person having control of a child who is a truant fails to attend the meeting held pursuant to subdivision (1) of subsection (b) of this section or if such parent or other person otherwise fails to cooperate with the school in attempting to solve the truancy problem, such policies and procedures shall require the superintendent of schools to file, not later than fifteen calendar days after such failure to attend such meeting or such failure to cooperate with the school attempting to solve the truancy problem, for each such truant enrolled in the schools under his jurisdiction a written complaint with the Superior Court pursuant to section 46b-149 alleging the belief that the acts or omissions of the child are such that the child's family is a family with service needs.]

[(d)] (c) Nothing in subsections (a) [to (c), inclusive,] and (b) of this section shall preclude a local or regional board of education from adopting policies and procedures pursuant to this section which exceed the requirements of said subsections.

[(e)] (d) The provisions of this section shall not apply to any child receiving equivalent instruction pursuant to section 10-184.

[(f)] (e) A child, age five to eighteen, inclusive, who is enrolled in a public or private school and whose parent or legal guardian is an active duty member of the armed forces, as defined in section 27-103, and has been called to duty for, is on leave from or has immediately returned from deployment to a combat zone or combat support posting, shall be granted ten days of excused absences in any school year and, at the discretion of the local or regional board of education, additional excused absences to visit such child's parent or legal guardian with respect to such leave or deployment of the parent or legal guardian. In the case of excused absences pursuant to this subsection, such child and parent or legal guardian shall be responsible for obtaining assignments from the student's teacher prior to any period of excused absence, and for ensuring that such assignments are completed by such child prior to his or her return to school from such period of excused absence.

Sec. 12. (NEW) (Effective from passage) (a) The State Board of Education shall evaluate truancy intervention models for implementation by local and regional boards of education pursuant to subsection (b) of section 10-198a of the general statutes, as amended by this act. Not later than January 1, 2017, a listing of such approved models shall be available for implementation by local and regional boards of education pursuant to said subsection (b).

(b) Not later than April 1, 2017, the Commissioner of Education, in accordance with the provisions of section 11-4a of the general statutes, shall report on the implementation of subsection (a) of this section to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act.

Sec. 13. Section 7-294h of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

On and after [July 1, 1990] January 1, 2017: (1) Each police basic training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection shall provide a minimum of twenty-seven hours of training relative to the handling of juvenile matters which includes, but is not limited to, the following: (A) Techniques for handling incidents involving juveniles; (B) information relative to the processing and disposition of juvenile matters; (C) applicable procedures in the prosecution of cases involving juveniles; [and] (D) information regarding resources of the juvenile justice system in the state; (E) the use of graduated sanctions; (F) techniques for handling trauma; (G) restorative justice practices; (H) adolescent development; and (I) risk-assessment and screening tools; (2) each police basic training program conducted or administered by the Police Officer Standards and Training Council established under section 7-294b or by a municipal police department in the state shall provide a minimum of fourteen hours of training relative to the handling of juvenile matters as provided in subdivision (1) of this section; and (3) each police review training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, by the Police Officer Standards and Training Council established under section 7-294b or by a municipal police department in the state shall provide a minimum of one hour of training relative to the handling of juvenile matters as provided in subdivision (1) of this section.

Sec. 14. (NEW) (Effective from passage) (a) Not later than January 1, 2017, the Department of Education shall develop and implement a plan for school-based diversion initiatives to reduce juvenile justice involvement among children with mental health needs to be introduced into schools and school districts with high rates of school-based arrests, disproportionate minority contact, as defined in section 4-68y of the general statutes and a high number of juvenile justice referrals, as determined by the Commissioner of Education.

(b) Not later than January 1, 2018, and annually thereafter, the commissioner shall track and report the outcomes of the initiatives employed under subsection (a) of this section to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes.

Sec. 15. (Effective from passage) Not later than January 1, 2018, the Commissioner of Education shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of sections 10-198c and 10-198d of the general statutes and the changes made by public act 15-225 to sections 10-198a, as amended by this act, 10-198b, 10-220 and 45a-8c of the general statutes.

Sec. 16. Section 10-233d of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

(a) (1) Any local or regional board of education, at a meeting at which three or more members of such board are present, or the impartial hearing board established pursuant to subsection (b) of this section, may expel, subject to the provisions of this subsection, any pupil in grades three to twelve, inclusive, whose conduct on school grounds or at a school-sponsored activity is violative of a publicized policy of such board or is seriously disruptive of the educational process or endangers persons or property or whose conduct off school grounds is violative of such policy and is seriously disruptive of the educational process, provided a majority of the board members sitting in the expulsion hearing vote to expel and that at least three affirmative votes for expulsion are cast. In making a determination as to whether conduct is seriously disruptive of the educational process, the board of education or impartial hearing board may consider, but such consideration shall not be limited to: (A) Whether the incident occurred within close proximity of a school; (B) whether other students from the school were involved or whether there was any gang involvement; (C) whether the conduct involved violence, threats of violence or the unlawful use of a weapon, as defined in section 29-38, and whether any injuries occurred; and (D) whether the conduct involved the use of alcohol.

(2) Expulsion proceedings pursuant to this section, except as provided in subsection (i) of this section, shall be required for any pupil in grades kindergarten to twelve, inclusive, whenever there is reason to believe that any pupil (A) on school grounds or at a school-sponsored activity, was in possession of a firearm, as defined in 18 USC 921, as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in section 53a-3, (B) off school grounds, did possess such a firearm in violation of section 29-35 or did possess and use such a firearm, instrument or weapon in the commission of a crime under chapter 952, or (C) on or off school grounds, offered for sale or distribution a controlled substance, as defined in subdivision (9) of section 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with intent to sell or dispense, offering, or administering is subject to criminal penalties under sections 21a-277 and 21a-278. Such a pupil shall be expelled for one calendar year if the local or regional board of education or impartial hearing board finds that the pupil did so possess or so possess and use, as appropriate, such a firearm, instrument or weapon or did so offer for sale or distribution such a controlled substance, provided the board of education or the hearing board may modify the period of expulsion for a pupil on a case-by-case basis, and as provided for in subdivision (2) of subsection (c) of this section.

(3) Unless an emergency exists, no pupil shall be expelled without a formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, and section 4-181a, provided whenever such pupil is a minor, the notice required by section 4-177 and section 4-180 shall also be given to the parents or guardian of the pupil at least five days before such hearing. If an emergency exists, such hearing shall be held as soon after the expulsion as possible. The notice shall include information concerning legal services provided free of charge or at a reduced rate that are available locally and how to access such services.

(4) An attorney or other advocate may represent any pupil subject to expulsion proceedings. The local or regional board of education shall ensure that an attorney or other advocate is appointed to represent any pupil whose parent or guardian cannot afford an attorney or advocate.

(b) For purposes of conducting expulsion hearings as required by subsection (a) of this section, any local or regional board of education or any two or more of such boards in cooperation may establish an impartial hearing board of one or more persons. No member of any such board or boards shall be a member of the hearing board. The hearing board shall have the authority to conduct the expulsion hearing and render a final decision in accordance with the provisions of sections 4-176e to 4-180a, inclusive, and section 4-181a.

(c) (1) In determining the length of an expulsion and the nature of the alternative educational opportunity to be offered under subsection (d) of this section, the local or regional board of education, or the impartial hearing board established pursuant to subsection (b) of this section, may receive and consider evidence of past disciplinary problems that have led to removal from a classroom, suspension or expulsion of such pupil.

(2) For any pupil expelled for the first time pursuant to this section and who has never been suspended pursuant to section 10-233c, except for a pupil who has been expelled based on possession of a firearm or deadly weapon as described in subsection (a) of this section, the local or regional board of education may shorten the length of or waive the expulsion period if the pupil successfully completes a board-specified program and meets any other conditions required by the board. Such board-specified program shall not require the pupil or the parent or guardian of the pupil to pay for participation in the program.

(d) [Notwithstanding the provisions of subsection (a) of section 10-220, local and regional boards of education shall only be required to offer an alternative educational opportunity in accordance with this section.] Any pupil under sixteen years of age who is expelled shall be offered an alternative educational opportunity, which shall be equivalent to alternative education, as defined by section 10-74j, with an individualized learning plan, during the period of expulsion, provided any parent or guardian of such pupil who does not choose to have his or her child enrolled in an alternative educational program shall not be subject to the provisions of section 10-184. Any pupil expelled for the first time who is between the ages of sixteen and eighteen and who wishes to continue his or her education shall be offered such an alternative educational opportunity if he or she complies with conditions established by his or her local or regional board of education. Such alternative educational opportunity may include, but shall not be limited to, the placement of a pupil who is at least seventeen years of age in an adult education program pursuant to section 10-69. Any pupil participating in an adult education program during a period of expulsion shall not be required to withdraw from school under section 10-184. A local or regional board of education shall count the expulsion of a pupil when he was under sixteen years of age for purposes of determining whether an alternative educational opportunity is required for such pupil when he is between the ages of sixteen and eighteen. A local or regional board of education may offer an alternative educational opportunity to a pupil for whom such alternative educational opportunity is not required pursuant to this section.

[(e) Notwithstanding the provisions of subsection (d) of this section concerning the provision of an alternative educational opportunity for pupils between the ages of sixteen and eighteen, local and regional boards of education shall not be required to offer such alternative to any pupil between the ages of sixteen and eighteen who is expelled because of conduct which endangers persons if it is determined at the expulsion hearing that the conduct for which the pupil is expelled involved (1) possession of a firearm, as defined in 18 USC 921, as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in section 53a-3, on school property or at a school-sponsored activity, or (2) offering for sale or distribution on school property or at a school-sponsored activity a controlled substance, as defined in subdivision (9) of section 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or administration is subject to criminal penalties under sections 21a-277 and 21a-278.] (e) If a pupil is expelled pursuant to this section for possession of a firearm, [or deadly weapon] as defined in 18 USC 921, as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in section 53a-3, the board of education shall report the violation to the local police department or in the case of a student enrolled in a technical high school to the state police. If a pupil is expelled pursuant to this section for the sale or distribution of such a controlled substance, as defined in subdivision (9) of section 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or administration is subject to criminal penalties under sections 21a-277 and 21a-278, the board of education shall refer the pupil to an appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof, and inform the agency of its action. [Whenever a local or regional board of education notifies a pupil between the ages of sixteen and eighteen or the parents or guardian of such pupil that an expulsion hearing will be held, the notification shall include a statement that the board of education is not required to offer an alternative educational opportunity to any pupil who is found to have engaged in the conduct described in this subsection.]

(f) Whenever a pupil is expelled pursuant to the provisions of this section, notice of the expulsion and the conduct for which the pupil was expelled shall be included on the pupil's cumulative educational record. Such notice, except for notice of an expulsion of a pupil in grades nine to twelve, inclusive, based on possession of a firearm or deadly weapon as described in subsection (a) of this section, (1) shall be expunged from the cumulative educational record by the local or regional board of education if a pupil graduates from high school, or (2) may be expunged from the cumulative educational record by the local or regional board of education before a pupil graduates from high school if (A) in the case of a pupil for which the length of the expulsion period is shortened or the expulsion period is waived pursuant to subdivision (2) of subsection (c) of this section, such board determines that an expungement is warranted at the time such pupil completes the board-specified program and meets any other conditions required by such board pursuant to subdivision (2) of subsection (c) of this section, or (B) such pupil has demonstrated to such board that the conduct and behavior of such pupil in the years following such expulsion warrants an expungement. A local or regional board of education, in determining whether to expunge such notice under subparagraph (B) of this subdivision, may receive and consider evidence of any subsequent disciplinary problems that have led to removal from a classroom, suspension or expulsion of such pupil.

(g) A local or regional board of education may adopt the decision of a pupil expulsion hearing conducted by another school district provided such local or regional board of education or impartial hearing board shall hold a hearing pursuant to the provisions of subsection (a) of this section which shall be limited to a determination of whether the conduct which was the basis for the expulsion would also warrant expulsion under the policies of such board. The pupil shall be excluded from school pending such hearing. The excluded student shall be offered an alternative educational opportunity in accordance with the provisions of subsections (d) and (e) of this section.

(h) Whenever a pupil against whom an expulsion hearing is pending withdraws from school after notification of such hearing but before the hearing is completed and a decision rendered pursuant to this section, (1) notice of the pending expulsion hearing shall be included on the pupil's cumulative educational record, and (2) the local or regional board of education or impartial hearing board shall complete the expulsion hearing and render a decision. If such pupil enrolls in school in another school district, such pupil shall not be excluded from school in the other district pending completion of the expulsion hearing pursuant to this subsection unless an emergency exists, provided nothing in this subsection shall limit the authority of the local or regional board of education for such district to suspend the pupil or to conduct its own expulsion hearing in accordance with this section.

(i) Prior to conducting an expulsion hearing for a child requiring special education and related services described in subparagraph (A) of subdivision (5) of section 10-76a, a planning and placement team shall convene to determine whether the misconduct was caused by the child's disability. If it is determined that the misconduct was caused by the child's disability, the child shall not be expelled. The planning and placement team shall reevaluate the child for the purpose of modifying the child's individualized education program to address the misconduct and to ensure the safety of other children and staff in the school. If it is determined that the misconduct was not caused by the child's disability, the child may be expelled in accordance with the provisions of this section applicable to children who do not require special education and related services. Notwithstanding the provisions of subsections (d) and (e) of this section, whenever a child requiring such special education and related services is expelled, an alternative educational opportunity, consistent with such child's educational needs shall be provided during the period of expulsion.

(j) An expelled pupil may apply for early readmission to school. Except as provided in this subsection, such readmission shall be at the discretion of the local or regional board of education. The board of education may delegate authority for readmission decisions to the superintendent of schools for the school district. If the board delegates such authority, readmission shall be at the discretion of the superintendent. Readmission decisions shall not be subject to appeal to Superior Court. The board or superintendent, as appropriate, may condition such readmission on specified criteria.

(k) Local and regional boards of education shall submit to the Commissioner of Education such information on expulsions for the possession of weapons as required for purposes of the Gun-Free Schools Act of 1994, 20 USC 8921 et seq., as amended from time to time.

(l) (1) Any student who commits an expellable offense and is subsequently committed to a juvenile detention center, the Connecticut Juvenile Training School or any other residential placement for such offense may be expelled by a local or regional board of education in accordance with the provisions of this section. The period of expulsion shall run concurrently with the period of commitment to a juvenile detention center, the Connecticut Juvenile Training School or any other residential placement.

(2) If a student who committed an expellable offense seeks to return to a school district after [having been] participating in a diversionary program, or having been detained in a juvenile detention center, the Connecticut Juvenile Training School or any other residential placement and such student has not been expelled by the local or regional board of education for such offense under subdivision (1) of this subsection, the local or regional board of education for the school district to which the student is returning shall allow such student to return and may not expel the student for additional time for such offense.

(3) The Department of Education shall ensure that educational supports are in place for any child, whether or not such child was expelled, who returns to a school district after participating in a diversionary program or having been detained in a juvenile detention center or any residential placement or probation.

Sec. 17. (NEW) (Effective from passage) (a) Not later than January 1, 2017, the Department of Education shall develop and implement entrance requirements for the referral of students involved in the juvenile justice system under chapter 815t of the general statutes to alternative education opportunities, which shall be similar or equivalent to alternative education, as defined by section 10-74j of the general statutes, and which shall ensure that for any child requiring special education pursuant to section 10-76a of the general statutes, the provision of such alternative education opportunity shall comply with the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time.

(b) Not later than April 1, 2017, the Commissioner of Education shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsection (a) of this section.

Sec. 18. (NEW) (Effective from passage) (a) Not later than January 1, 2016, the Department of Education, with input from local and regional boards of education, shall develop a remediation plan to address those districts and schools that have higher than average out-of-school suspension and expulsion rates, racial disparities or numbers of students involved in the juvenile justice system under chapter 815t of the general statutes. Such plan shall include restorative justice models.

(b) Not later than April 1, 2017, the Commissioner of Education shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsection (a) of this section.

Sec. 19. (NEW) (Effective July 1, 2017) No facility operated by the Department of Children and Families or the Court Support Services Division of the Judicial Department shall impose an out-of-school suspension on any child residing in any such facility.

Sec. 20. Section 17a-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) No child or youth placed or treated under the direction of the Commissioner of Children and Families in any public or private facility or a juvenile detention center or a residential placement made pursuant to chapter 815t shall be deprived of any personal, property or civil rights, except in accordance with due process of law.

(b) Each child or youth placed or treated under the direction of the Commissioner of Children and Families in any public or private facility or a juvenile detention center or a residential placement made pursuant to chapter 815t shall receive humane and dignified treatment at all times, with full respect for his personal dignity and right to privacy, consistent with his treatment plan as determined by the commissioner.

(c) (1) Each child and youth shall be permitted to communicate with any individual, group or agency, consistent with his or her treatment objectives as determined by the Commissioner of Children and Families or Judicial Department, as appropriate.

(2) Each public or private facility under the direction of the Commissioner of Children and Families or the Judicial Department shall furnish writing materials and postage to any child or youth desiring them.

(3) A child or youth shall be permitted to make or receive telephone calls to or from his attorneys at any reasonable time. Public telephones shall be made available in appropriate locations.

(d) (1) The Commissioner of Children and Families shall adopt regulations, in accordance with chapter 54, with respect to each facility or institution under his jurisdiction, to specify the following: (A) When a child or youth may be placed in restraint or seclusion or when force may be used upon a child or youth; (B) when the head of a facility may limit the use or receipt of mail by any child or youth and a procedure for return of unopened mail; and (C) when the head of a facility may restrict the use of a telephone by any child or youth.

(2) A copy of any order placing a child or youth in restraint or seclusion in accordance with the regulations adopted in subdivision (1) of this subsection shall be made a part of the child's or youth's permanent clinical record. Any special restriction on the use or receipt of mail or telephone calls made in accordance with the regulations adopted in subdivision (1) of this subsection, shall be noted in writing, signed by the head of the facility, and made a part of the child's or youth's permanent clinical record.

(e) (1) Each child or youth shall be permitted to receive visitors subject to reasonable restrictions consistent with the child's or youth's treatment objectives. The head of each facility shall establish visiting hours and inform all children and youths and their families and other visitors of these hours. Any special restriction shall be noted in writing, signed by the head of the facility, and made a part of the child's or youth's permanent clinical record.

(2) Each child or youth may receive his clergyman and attorney at any reasonable time.

(f) No person shall be denied employment, housing, civil service rank, any license or permit, including a professional license, or any other civil or legal right, solely because of a present or past placement with the Commissioner of Children and Families or in a juvenile detention center or a residential placement pursuant to chapter 815t, except as otherwise provided by statute.

(g) Each such child or youth [under the supervision of the Commissioner of Children and Families] shall have the right to counsel of his own choosing, and the right to receive visits from physicians and mental health professionals as may be arranged by his counsel.

(h) Each child or youth under the supervision of the Commissioner of Children and Families shall have a right to a hearing pursuant to procedures adopted by the commissioner, in accordance with sections 4-176e to 4-181a, inclusive, before he is involuntarily transferred by the Commissioner of Children and Families to any facility outside the state of Connecticut.

(i) Any child or youth aggrieved by a violation of subsections (a) to (h), inclusive, of this section, may petition the superior court for the venue district provided in section 46b-142 within which the child or youth is or resides for appropriate relief, including temporary and permanent injunctive relief. Such petition shall be treated as a juvenile matter.

Sec. 21. Subsection (b) of section 17a-16a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(b) (1) Whenever a child is placed in out-of-home care by the department pursuant to an emergency order under subsection (e) of section 17a-101g or an order of temporary custody or an order of commitment under section 46b-129, and at any subsequent change in out-of-home care, or a child who returns from placement in the juvenile justice system under chapter 815t, any such child may, if it is in the best interests of the child, as determined pursuant to subdivision (3) of this subsection, continue to attend his or her school of origin. Such child shall continue to be a resident of the school district in which such school is located during such attendance for purposes of chapters 168 to 170, inclusive, 172 and 173. The board of education for the school of origin shall continue to provide free school privileges to the child and any services provided by such board shall be in accordance with the provisions of subdivision (2) of subsection (e) of section 10-76d and section 10-253. If the child continues to attend his or her school of origin following placement in out-of-home care by the department, the local or regional board of education of the school of origin shall not be eligible to receive an excess cost grant pursuant to subdivision (2) of subsection (e) of section 10-76d for the cost of such education, including, but not limited to, tuition and transportation costs. For the fiscal year ending June 30, 2013, and each fiscal year thereafter, an excess cost grant pursuant to subdivision (2) of subsection (e) of section 10-76d shall be available to the nexus school district when the nexus school district pays the child's tuition to the local or regional board of education of the school of origin. If the nexus school district placed the child in a private school or regional educational service center program prior to the child being removed from the home by the department and the child continues to attend such prior placement, the nexus school district, or, if the nexus school district cannot be identified, the town where the child resides, shall be eligible to receive the excess cost grant pursuant to section 10-76g.

(2) Every decision by the department to place a child into out-of-home care under the provisions of subsection (e) of section 17a-101g and section 46b-129, and any subsequent change in out-of-home care, shall take into account the appropriateness of the school setting and the proximity to the school of origin.

(3) (A) Whenever a child is placed in out-of-home care by the department pursuant to an emergency order under subsection (e) of section 17a-101g or an order of temporary custody or an order of commitment under section 46b-129, and at any subsequent change in out-of-home care, the department shall immediately determine whether it is in the best interests of the child to remain in the school of origin. There shall be a presumption that it is in the child's best interests to remain in the school of origin. The department shall provide written notice of its decision to the parties not later than three business days after the date on which the decision is made. Such notice shall identify the factors that form the basis of the department's decision. Any party may object to the department's decision not later than three business days after receipt of such notice. The child shall remain in the school of origin until the time for objection has passed and until any disagreement is resolved, except as provided in subparagraph (C) of this subdivision. The child shall be transported to the school of origin pursuant to subsection (c) of this section during any such disagreement except as provided in subparagraph (C) of this subdivision. Such disagreements shall be expeditiously resolved. The department shall bear the burden of proof that the school placement decision is in the child's best interests.

(B) The school placement decision may be revisited at any time during the child's out-of-home care, if circumstances change, in order to ensure that the school placement decision remains in the best interests of the child. Notice of any subsequent decision to change the child's school placement decision shall be provided in accordance with subparagraph (A) of this subdivision. Any school placement decision made pursuant to this section may be challenged through the dispute resolution process for treatment plans. The child shall remain in the school of origin until any such disagreement is resolved, except as provided in subparagraph (C) of this subdivision and shall be provided with transportation in accordance with subsection (c) of this section.

(C) If at any time the department determines that continued placement in the school of origin will jeopardize the child's immediate physical safety, the department may immediately remove the child from the school and shall notify the child's attorney, parents, guardian ad litem and surrogate parent, if any, by phone or by facsimile on the same business day. Any party may object to the decision to change the child's school placement not later than three business days after receipt of such notice. If any party objects to the change in school placement, the department shall hold an administrative hearing not later than three business days after the objection.

Sec. 22. (NEW) (Effective July 1, 2017) (a) The Commissioner of Education shall ensure that probation officers in the juvenile justice system under chapter 815t of the general statutes and private providers of services, including juvenile justice boards and child, youth and family support centers, have access to resources to evaluate educational needs of children involved in the juvenile justice system under chapter 815t of the general statutes and to ensure access to supports, such as tutors, educational surrogates and educational coaches, and to provide for transitional and reintegration services such as education reintegration or transition team coordinators to ensure that there is no interruption in the education of any such child.

(b) The commissioner shall ensure that as part of all congregate care settings, students have access to (1) an array of educational services, (2) educational advocates upon release from such setting, provided the parent or parents or guardian of such child agrees to have an advocate for such child, and (3) connection to educational opportunities immediately upon such child's return to such child's community.

(c) The commissioner shall provide access to an educational advocate for any child upon such child's return to such child's community from a juvenile detention center or a residential placement made pursuant to chapter 815t of the general statutes, provided the parent or parents or guardian of such child agrees to have an advocate for such child.

(d) The commissioner shall provide access to any child upon such child's return to such child's community from a juvenile detention center or a residential placement made pursuant to chapter 815t of the general statutes, academic and vocational supports that are supported by research demonstrating effectiveness with similar children.

(e) The commissioner shall ensure collaboration through memoranda of understanding between local and regional boards of education and private providers of services for the review of educational records for children in the juvenile justice system pursuant to chapter 815t of the general statutes.

(f) The commissioner shall ensure child and parent or guardian input into education plans developed by the state and private providers of services for children in the juvenile justice system pursuant to chapter 815t of the general statutes and shall solicit such input concerning the provision of educational services to children in congregate care settings. The commissioner shall develop policies to encourage such input.

(g) The commissioner shall ensure that each local or regional board of education designates a liaison to serve the district under the jurisdiction of such board for children returning to the district and who require immediate enrollment in the school district and to ensure that such student receives academic credit for work performed while in the juvenile justice system pursuant to chapter 815t of the general statutes.

(h) The commissioner shall conduct research on nationally recognized models for effective education programming for the juvenile justice population and shall employ such models in carrying out the provisions of this section.

(i) Not later than January 1, 2018, the Commissioner of Education shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsections (a) to (h), inclusive, of this section.

Sec. 23. (NEW) (Effective from passage) (a) Not later than July 1, 2017, the Commissioner of Children and Families and the executive director of the Court Support Services Division for the Judicial Department shall establish transition teams to reintegrate children exiting residential facilities under the jurisdiction of said commissioner or executive director. Any such team may include a representative of a local or regional board of education, as determined by said commissioner or executive director. Such teams shall (1) assist children in having a timely and effective reconnection with educational services provided by the local and regional board of education for the community to which the child reenters, (2) place such child in an alternative education school or program maintained in accordance with section 10-74j of the general statutes, provided a parent or guardian of the child consents to such placement, and (3) ensure that any special education needs of the child are adequately met.

(b) Not later than April 1, 2017, said commissioner and executive director shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsection (a) of this section.

Sec. 24. (NEW) (Effective January 1, 2017) (a) The Commissioners of Education, Children and Families and Correction and the Judicial Department shall address educational deficiencies found in children in the juvenile justice system pursuant to chapter 815t of the general statutes, through increased collaboration, monitoring and accountability in order to improve educational service delivery and outcomes.

(b) Said commissioners and the Judicial Department shall collaborate with local and regional boards of education to create an assessment tool to measure educational performances of children who transition from the juvenile justice system pursuant to chapter 815t of the general statutes to schools under the jurisdiction of local and regional boards of education.

(c) Said commissioners and the Judicial Department shall collaborate with local and regional boards of education on professional development specifically designed for educators who work with children in the juvenile justice system pursuant to chapter 815t of the general statutes.

(d) Not later than April 1, 2017, said commissioners and the Judicial Department shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsections (a) to (c), inclusive, of this section.

Sec. 25. Section 17a-64 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Department of Children and Families, in consultation with the Department of Education, and with input from the local boards of education for Hartford, Bridgeport and New Haven, shall establish the Raise the Grade [pilot program] initiative, to be implemented in [the] said cities [of Hartford, Bridgeport and New Haven for a two-year period beginning July 1, 2013,] to increase the academic achievement of children and youth who live in the custody of the Department of Children and Families or who are being served by the Court Support Services Division in said cities.

(b) The program shall use full-time coordinators to (1) assist with the identification of children or youth who are performing below grade level and are (A) in state custody, or (B) under juvenile justice supervision, and (2) develop plans, in collaboration with the child's or youth's legal guardian, or educational surrogate or advocate, to improve the child's academic performance. Coordinators shall help facilitate the prompt transfer and review of educational records and report to the Department of Children and Families and the educational surrogate or advocate critical educational information, including, but not limited to, (i) progress monitoring, (ii) absenteeism, and (iii) discipline. Coordinators shall also help to support educational stability for children as described in section 17a-16a.

(c) [Upon the conclusion of the pilot program, the] Not later than January 1, 2017, and January first each year thereafter, the Department of Children and Families, in coordination with the Court Support Services Division and the [State] Department of Education, shall report, in accordance with the provisions of section 11-4a, to the academic achievement [gap] gaps task force established pursuant to section 10-16mm and the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n, as amended by this act, the number and educational profile of children served by the [program] initiative, the initiative's compliance with the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, and the impact on [their] the children's educational performance, including on (1) achievement, (2) absenteeism, and (3) adverse disciplinary measures.

Sec. 26. (NEW) (Effective from passage) (a) Not later than January 1, 2017, the Commissioners of Education and Higher Education and the Labor Commissioner shall develop a data gathering and information sharing system to determine graduation and dropout rates and engagement in post-secondary education and employment.

(b) Not later than April 1, 2017, said commissioners shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsection (a) of this section.

Sec. 27. (NEW) (Effective from passage) (a) Not later than January 1, 2017, the Commissioners of Education and Children and Families and the Judicial Department, with input from local and regional boards of education, shall create an electronic system allowing for access to education records of children in the juvenile justice system pursuant to chapter 815t of the general statutes, and to provide timely sharing and full access to student education records, with consent from one parent or the guardian of a child.

(b) Not later than April 1, 2017, said commissioners and department shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsection (a) of this section.

Sec. 28. (Effective from passage) Not later than April 1, 2017, the Commissioner of Education shall, in accordance with the provisions of section 11-4a of the general statutes, report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, on the implementation of changes made by this section to section 10-198a of the general statutes, as amended by this act, and section 10-233d of the general statutes, as amended by this act.

Sec. 29. (Effective from passage) Not later than April 1, 2017, the Commissioner of Emergency Services and Public Protection shall, in accordance with the provisions of section 11-4a of the general statutes, report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, on the implementation of changes made by this section to section 7-294h of the general statutes, as amended by this act.

Sec. 30. (Effective from passage) Not later than April 1, 2017, the executive director of the Court Support Services Division of the Judicial Department shall, in accordance with the provisions of section 11-4a of the general statutes, report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, on the implementation of changes made by this section to section 17a-16 of the general statutes, as amended by this act.

Sec. 31. (Effective from passage) Not later than April 1, 2017, the Commissioner of Children and Families shall, in accordance with the provisions of section 11-4a of the general statutes, report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, on the implementation of changes made by this section to section 17a-64 of the general statutes, as amended by this act.

Sec. 32. (Effective from passage) Not later than April 1, 2017, the Commissioner of Children and Families and the executive director of the Court Support Services Division of the Judicial Department shall, in accordance with the provisions of section 11-4a of the general statutes, report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, on the implementation of changes made by this section to section 10-233f of the general statutes, as amended by this act.

Sec. 33. (NEW) (Effective from passage) (a) Not later than January 1, 2017, the Department of Children and Families and the Judicial Department shall work with private providers of services to adopt and adhere to an empirically supported recidivism reduction framework for the juvenile justice system pursuant to chapter 815t of the general statutes. Such framework shall: (1) Include risk and needs assessment tools; (2) employ treatment matching protocols that assess the needs of the child and risks such child faces; (3) employ cross-agency measurements of program outcomes and training and quality assurance processes; (4) employ program and practice monitoring and accountability; (5) draw from best and evidence-based practices from an inventory of such practices updated by the departments annually; (6) ensure sufficient contract and quality assurance capacity between agencies and private providers; and (7) ensure shared training between agencies and private providers.

(b) Not later than July 1, 2017, and July first annually thereafter, said departments shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsection (a) of this section, including outcomes following such implementation for different genders and races and a determination of service and access gaps, if any.

Sec. 34. (NEW) (Effective from passage) (a) Not later than January 1, 2017, the Department of Children and Families and the Judicial Department shall:

(1) Develop, provide and monitor the training of their staffs on policies and practices in secure and congregate care settings that promote deescalation and monitor and track successful and unsuccessful deescalation efforts employed in such settings;

(2) Collect baseline data on the number and rate of arrests in secure and congregate care settings based on a child's race and gender and whether the child is considered to be at-risk for recidivism; and

(3) Track and analyze the recidivism rates of all children.

(b) (1) Not later than July 1, 2017, and July first annually thereafter, said departments shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subdivisions (1) and (2) of subsection (a) of this section, including an analysis of the data collected pursuant to said subdivision (2).

(2) Not later than July 1, 2017, and January first and July first annually thereafter, said departments shall report to the committee in accordance with the provisions of section 11-4a of the general statutes, concerning the tracking and analysis of recidivism rates pursuant to subdivision (3) of subsection (a) of this section.

Sec. 35. (NEW) (Effective January 1, 2017) (a) The Department of Children and Families and the Judicial Department shall not enter into a contract with a private provider of services to reduce rates of recidivism for service recipients that does not include directives for compliance with deescalation policies.

(b) Not later than July 1, 2017, said departments shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsection (a) of this section.

Sec. 36. (NEW) (Effective January 1, 2017) (a) The Secretary of the Office of Policy and Management shall select a neutral agency that the secretary deems to not have an active role in the effort to reduce recidivism rates among children. The commissioner for such agency shall track and analyze the rates of recidivism for children in this state.

(b) Not later than January 1, 2018, and January first annually thereafter, said commissioner shall report to the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, and the Office of Policy and Management, in accordance with the provisions of section 11-4a of the general statutes, concerning the implementation of subsection (a) of this section.

Sec. 37. Section 46b-121n of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a Juvenile Justice Policy and Oversight Committee. The committee shall evaluate policies related to the juvenile justice system and the expansion of juvenile jurisdiction to include persons sixteen and seventeen years of age.

(b) The committee shall consist of the following members:

(1) Two members of the General Assembly, one of whom shall be appointed by the speaker of the House of Representatives, and one of whom shall be appointed by the president pro tempore of the Senate;

(2) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children, human services and appropriations, or their designees;

(3) The Chief Court Administrator, or the Chief Court Administrator's designee;

(4) A judge of the superior court for juvenile matters, appointed by the Chief Justice;

(5) The executive director of the Court Support Services Division of the Judicial Department, or the executive director's designee;

(6) The executive director of the Superior Court Operations Division, or the executive director's designee;

(7) The Chief Public Defender, or the Chief Public Defender's designee;

(8) The Chief State's Attorney, or the Chief State's Attorney's designee;

(9) The Commissioner of Children and Families, or the commissioner's designee;

(10) The Commissioner of Correction, or the commissioner's designee;

(11) The Commissioner of Education, or the commissioner's designee;

(12) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;

(13) The Labor Commissioner, or the commissioner's designee;

(14) The Commissioner of Social Services, or the commissioner's designee;

(15) The Commissioner of Public Health, or the commissioner's designee;

(16) The president of the Connecticut Police Chiefs Association, or the president's designee;

(17) The chief of police of a municipality with a population in excess of one hundred thousand, appointed by the president of the Connecticut Police Chiefs Association;

(18) Two child or youth advocates, one of whom shall be appointed by one chairperson of the Juvenile Justice Policy and Oversight Committee, and one of whom shall be appointed by the other chairperson of the Juvenile Justice Policy and Oversight Committee;

(19) Two parents or parent advocates, at least one of whom is the parent of a child who has been involved with the juvenile justice system, one of whom shall be appointed by the minority leader of the House of Representatives, and one of whom shall be appointed by the minority leader of the Senate;

(20) The Child Advocate, or the Child Advocate's designee; and

(21) The Secretary of the Office of Policy and Management, or the secretary's designee.

(c) Any vacancy shall be filled by the appointing authority.

(d) The Secretary of the Office of Policy and Management, or the secretary's designee, and a member of the General Assembly selected jointly by the speaker of the House of Representatives and the president pro tempore of the Senate from among the members serving pursuant to subdivision (1) or (2) of subsection (b) of this section shall be cochairpersons of the committee. Such cochairpersons shall schedule the first meeting of the committee, which shall be held not later than sixty days after June 13, 2014.

(e) Members of the committee shall serve without compensation, except for necessary expenses incurred in the performance of their duties.

(f) Not later than January 1, 2015, the committee shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:

(1) Any statutory changes concerning the juvenile justice system that the committee recommends to (A) improve public safety; (B) promote the best interests of children and youths who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department; (C) improve transparency and accountability with respect to state-funded services for children and youths in the juvenile justice system with an emphasis on goals identified by the committee for community-based programs and facility-based interventions; and (D) promote the efficient sharing of information between the Department of Children and Families and the Judicial Department to ensure the regular collection and reporting of recidivism data and promote public welfare and public safety outcomes related to the juvenile justice system;

(2) A definition of "recidivism" that the committee recommends to be used by state agencies with responsibilities with respect to the juvenile justice system, and recommendations to reduce recidivism for children and youths in the juvenile justice system;

(3) Short-term goals to be met within six months, medium-term goals to be met within twelve months and long-term goals to be met within eighteen months, for the Juvenile Justice Policy and Oversight Committee and state agencies with responsibilities with respect to the juvenile justice system to meet, after considering existing relevant reports related to the juvenile justice system and any related state strategic plan;

(4) The impact of legislation that expanded the jurisdiction of the juvenile court to include persons sixteen and seventeen years of age, as measured by the following:

(A) Any change in the average age of children and youths involved in the juvenile justice system;

(B) The types of services used by designated age groups and the outcomes of those services;

(C) The types of delinquent acts or criminal offenses that children and youths have been charged with since the enactment and implementation of such legislation; and

(D) The gaps in services identified by the committee with respect to children and youths involved in the juvenile justice system, including, but not limited to, children and youths who have attained the age of eighteen after being involved in the juvenile justice system, and recommendations to address such gaps in services; and

(5) Strengths and barriers identified by the committee that support or impede the educational needs of children and youths in the juvenile justice system, with specific recommendations for reforms.

(g) Not later than July 1, 2015, the committee shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:

(1) The quality and accessibility of diversionary programs available to children and youths in this state, including juvenile review boards and services for a child or youth who is a member of a family with service needs;

(2) An assessment of the system of community-based services for children and youths who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department;

(3) An assessment of the congregate care settings that are operated privately or by the state and have housed children and youths involved in the juvenile justice system in the past twelve months;

(4) An examination of how the state Department of Education and local boards of education, the Department of Children and Families, the Department of Mental Health and Addiction Services, the Court Support Services Division of the Judicial Department, and other appropriate agencies can work collaboratively through school-based efforts and other processes to reduce the number of children and youths who enter the juvenile justice system as a result of being a member of a family with service needs or convicted as delinquent;

(5) An examination of practices and procedures that result in disproportionate minority contact, as defined in section 4-68y, within the juvenile justice system;

(6) A plan to provide that all facilities and programs that are part of the juvenile justice system and are operated privately or by the state provide results-based accountability;

(7) An assessment of the number of children and youths who, after being under the supervision of the Department of Children and Families, are convicted as delinquent; and

(8) An assessment of the overlap between the juvenile justice system and the mental health care system for children.

(h) The committee shall complete its duties under this section after consultation with one or more organizations that focus on relevant issues regarding children and youths, such as the University of New Haven and any of the university's institutes. The committee may accept administrative support and technical and research assistance from any such organization. The committee shall work in collaboration with any results first initiative implemented pursuant to section 2-111 or any public or special act.

(i) The committee shall establish a time frame for review and reporting regarding the responsibilities outlined in subdivision (5) of subsection (f) of this section, and subdivisions (1) to (7), inclusive, of subsection (g) of this section. Each report submitted by the committee shall include specific recommendations to improve outcomes and a timeline by which specific tasks or outcomes must be achieved.

(j) The committee shall implement a strategic plan that integrates the short-term, medium-term and long-term goals identified pursuant to subdivision (3) of subsection (f) of this section. As part of the implementation of such plan, the committee shall collaborate with any state agency with responsibilities with respect to the juvenile justice system, including, but not limited to, the Departments of Education, Mental Health and Addiction Services, Correction and Children and Families and the Labor Department and Judicial Department, and municipal police departments. Not later than January 1, 2016, the committee shall report such plan, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding progress toward the full implementation of such plan and any recommendations concerning the implementation of such identified goals by any state agency with responsibilities with respect to the juvenile justice system or municipal police departments.

(k) The committee shall assess the juvenile justice system and make recommendations, if any, to improve the system. Not later than July 1, 2016, July 1, 2017, and July 1, 2018, the committee shall report such assessment and recommendations, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:

(1) Mental health and substance abuse treatment programs and services for children and youths involved with, or at risk of involvement with, the juvenile justice system;

(2) Educational outcomes for children and youths involved with, or at risk of involvement with, the juvenile justice system;

(3) Disproportionate minority contact, as defined in section 4-68y, with children and youths involved with the juvenile justice system;

(4) Training on the juvenile justice system for state agencies and municipal police departments;

(5) Diversion of at-risk children and youths from the juvenile justice system;

(6) Recidivism tracking and policies and procedures to reduce recidivism;

(7) Data sharing among public and private juvenile justice and other child services agencies, including the Department of Education, to evaluate the effectiveness and efficiency of the juvenile justice system;

(8) Vocational educational opportunities for children and youths in the juvenile justice system until the child or youth reaches the age of twenty-one years of age;

(9) Oversight and the reduction in the use of restraints for children and youths, and the reduction in the use of seclusion and room confinement in juvenile justice facilities;

(10) Use of evidence-based positive behavioral support strategies and other evidence-based or research-informed strategies for reducing the reliance on restraints and seclusion; and

(11) Programs and facilities using restraints or seclusion for children or youths and any data regarding such uses, including, but not limited to, the rate and duration of use for children and youths with disabilities.

(l) Not later than January 1, 2017, the committee shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management, regarding the development of a plan for a community-based diversion system that:

(1) Diverts children who commit crimes, excluding serious juvenile offenses, from the juvenile justice system;

(2) Identifies services that are evidence-based, trauma-informed and culturally and linguistically appropriate;

(3) Expands the capacity of juvenile review boards to ensure state-wide coverage, accept referrals from municipal police departments and schools for children outside the juvenile justice system and implement restorative justice practices;

(4) Expands the provision of prevention, intervention and treatment services by youth service bureaus;

(5) Embeds into school districts a school-based diversion initiative to reduce juvenile justice involvement among youth with mental health needs; and

(6) Expands access to in-home and community-based services.

(m) The committee shall establish a data workgroup to provide ongoing monitoring and oversight of the sharing of data related to children involved with the juvenile justice system, across state agencies, municipalities, boards of education and private providers of services. Membership of the work group shall include, but not be limited to, the Commissioners of Children and Families, Education and Mental Health and Addiction Services, or their designees; the Chief State's Attorney, or the Chief State's Attorney's designee; the Chief Public Defender, or the Chief Public Defender's designee; the Secretary of the Office of Policy and Management, or the secretary's designee; and the executive director of the Court Support Services Division of the Judicial Department, or the executive director's designee. Such workgroup shall:

(1) Access relevant data on juvenile justice populations;

(2) Link the data maintained by executive branch agencies and the Judicial Department for the purposes of facilitating the sharing and analysis of data;

(3) Establish uniform provisions for protecting confidential information and enforcing state and federal confidentiality protections and ensure compliance with related state and federal laws and regulations;

(4) Develop specific recommendations for the committee on the use of limited releases of client specific data sharing across systems, including with the Office of Policy and Management, the Division of Criminal Justice, the Departments of Children and Families, Education and Mental Health and Addiction Services, the Judicial Department and other agencies;

(5) Develop a standard template for memoranda of understanding for data-sharing between executive branch agencies, the Judicial Department, and when necessary, researchers outside of state government; and

(6) Carry out any other similar task, as directed by the committee.

[(l)] (n) Not later than July 1, 2015, and quarterly thereafter until January 1, 2017, and annually thereafter, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding progress made to achieve goals and measures identified by the committee pursuant to this section.

Sec. 38. (NEW) (Effective July 1, 2016) (a) The cochairpersons of the Juvenile Justice Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, shall jointly select five members from among its members and the cochairpersons of the Children's Behavioral Health Advisory Committee, established under section 17a-4a of the general statutes, shall jointly select eight members from among its members, to serve in joint committee. The cochairpersons of the Juvenile Justice Policy Oversight and Children's Behavioral Health Advisory Committees shall jointly call for the first meeting of the joint committee to be held not later than September 1, 2016. The members of the joint committee shall select cochairpersons from the members serving on the joint committee. The joint committee shall:

(1) Review law and policy issues associated with the integration of the children's behavioral health system and the juvenile justice system pursuant to chapter 815t of the general statutes;

(2) Coordinate the planning and policy initiatives of the Juvenile Justice Policy Oversight Committee and the Children's Behavioral Health Advisory Committee concerning the integration of the children's behavioral health and juvenile justice systems;

(3) Make recommendations to ensure that children in the juvenile justice system have access to a full range of community-based behavioral health services;

(4) Review the reinvestment of cost savings associated with (A) reduced incarceration rates for children, and (B) increased accessibility to community-based behavioral health services;

(5) Recommend reimbursement policies that incentivize providers to deliver evidence-based practices to children in the juvenile justice system;

(6) Promote common behavioral health screening tools in schools and communities;

(7) Make recommendations to ensure that probation and parole officers have access to licensed behavioral health clinicians, including (A) psychologists licensed under chapter 383 of the general statutes, (B) clinical social workers licensed under subsection (c) or (e) of section 20-195n of the general statutes, (C) alcohol and drug counselors licensed under section 20-74s of the general statutes, (D) professional counselors licensed under sections 20-195cc and 20-195dd of the general statutes, and (E) marital and family therapists licensed under section 20-195c of the general statutes, for full biopsychosocial assessments;

(8) Make recommendations to ensure that secure facilities operated by the Department of Children and Families or the Court Support Services Division of the Judicial Department and private service providers contracting with said department or division screen children in such facilities for behavioral health issues;

(9) Examine grant funds and federal Medicaid reimbursement rates to make informed recommendations to expand service capacities, retain staff and deliver evidence-based practices to all children, whether or not a child is involved with the juvenile justice system pursuant to chapter 815t of the general statutes; and

(10) Assess the annual investment required to fully implement the comprehensive children's mental, emotional and behavioral health implementation plan, developed pursuant to section 1 of public act 13-178, and recommend such investments be made.

(b) Not later than January 1, 2017, and January first annually thereafter, the joint committee shall report to the Juvenile Justice Policy Oversight Committee and the Children's Behavioral Health Advisory Committee, in accordance with the provisions of section 11-4a of the general statutes, on any findings, recommendations, reviews, examinations, analyses or assessments made or conducted pursuant to subsection (a) of this section.

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2017

46b-133

Sec. 2

from passage

New section

Sec. 3

from passage

New section

Sec. 4

January 1, 2017

46b-148

Sec. 5

January 1, 2017

New section

Sec. 6

from passage

New section

Sec. 7

October 1, 2016

46b-121(b)(1)

Sec. 8

from passage

New section

Sec. 9

from passage

New section

Sec. 10

January 1, 2017

46b-120(5)

Sec. 11

January 1, 2017

10-198a

Sec. 12

from passage

New section

Sec. 13

January 1, 2017

7-294h

Sec. 14

from passage

New section

Sec. 15

from passage

New section

Sec. 16

January 1, 2017

10-233d

Sec. 17

from passage

New section

Sec. 18

from passage

New section

Sec. 19

July 1, 2017

New section

Sec. 20

July 1, 2017

17a-16

Sec. 21

July 1, 2017

17a-16a(b)

Sec. 22

July 1, 2017

New section

Sec. 23

from passage

New section

Sec. 24

January 1, 2017

New section

Sec. 25

from passage

17a-64

Sec. 26

from passage

New section

Sec. 27

from passage

New section

Sec. 28

from passage

New section

Sec. 29

from passage

New section

Sec. 30

from passage

New section

Sec. 31

from passage

New section

Sec. 32

from passage

New section

Sec. 33

from passage

New section

Sec. 34

from passage

New section

Sec. 35

January 1, 2017

New section

Sec. 36

January 1, 2017

New section

Sec. 37

from passage

46b-121n

Sec. 38

July 1, 2016

New section

Statement of Purpose:

To implement the recommendations of the Juvenile Justice Policy Oversight Committee to reduce incarceration rates of children, to increase diversion of children from the juvenile justice system, to reduce education barriers faced by children in or exiting the juvenile justice system, to reduce recidivism, to address mental and behavioral health issues of children and to increase data sharing in a secure manner that preserves confidentiality.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]