Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 5860

   
 

*SB0001805860SRO*

Offered by:

 

SEN. FASANO, 34th Dist.

 

To: Subst. Senate Bill No. 18

File No. 600

Cal. No. 399

(As Amended)

"AN ACT CONCERNING A SECOND CHANCE SOCIETY. "

Strike subdivision (1) of subsection (b) of section 4 in its entirety and insert the following in lieu thereof:

"(b) (1) Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child or young adult charged with the commission of a violation of section 53a-122 or a class C, D or E felony or an unclassified felony shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (A) such offense was committed [after such child attained the age of fifteen years] by a child when such child was at least fifteen years of age or by a young adult, (B) there is probable cause, based on either sworn affidavits or testimony, to believe the child or young adult has committed the act for which the child or young adult is charged, and (C) [the best interests of the child and the public will not be served by maintaining the case in the superior court for juvenile matters] public safety can best be served by transferring the case to the regular criminal docket of the Superior Court. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child or young adult, (ii) the seriousness of such offenses, (iii) any evidence that the child or young adult has intellectual disability or mental illness, and (iv) the best interests of the child or young adult, including the sophistication, maturity and mental status of the child or young adult by consideration of his or her social, environmental and mental health history and the availability of services in the docket for juvenile matters that can serve the [child's] needs of the child or young adult. In the case of any such violation for which there is a victim, the court shall hear and further consider such victim's statement, if any, when making such findings. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child or young adult is arraigned in the superior court for juvenile matters. "

Strike section 34 in its entirety and substitute the following in lieu thereof:

"Sec. 34. Subsection (a) of section 54-76c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) In any case where an information or complaint has been laid charging a defendant with the commission of a crime, and where it appears that the defendant is a youth, such defendant shall be presumed to be eligible to be adjudged a youthful offender, provided in the case of a crime for which there is a victim, the court has heard and considered the victim's statement, if any, and the court having jurisdiction shall, but only as to the public, order the court file sealed, unless such defendant (1) is charged with the commission of a crime which is a class A felony or a violation of section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227g, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between [the youth] a person who is sixteen years of age or older but under eighteen years of age and another person who is thirteen years of age or older but under sixteen years of age, or (2) has been previously convicted of a felony in the regular criminal docket of the Superior Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120, as amended by this act. Except as provided in subsection (b) of this section, upon motion of the prosecuting official, the court may order that an investigation be made of such defendant under section 54-76d, for the purpose of determining whether such defendant is ineligible to be adjudged a youthful offender, provided the court file shall remain sealed, but only as to the public, during such investigation. "