AUTOMATIC TRANSFER OF JUVENILES FROM JUVENILE TO CRIMINAL COURT

 

By: James Orlando, Senior Legislative Attorney

 

 

Text Box: TRANSFERS TO ADULT CRIMINAL COURT: 2015 LEGISLATIVE CHANGES PA 15-183 reduced the number of cases subject to transfer from juvenile to criminal court by (1) raising the minimum age for such transfers, from 14 to 15 and (2) eliminating automatic transfers for certain class B felonies. issue

Describe when a juvenile offender in Connecticut must be transferred from juvenile to criminal court. This report updates OLR Report 2014-R-0094 to reflect changes made during the 2015 legislative session (see sidebar). This report has been updated by OLR Report 2019-R-0242.

Summary

In Connecticut, juvenile courts have jurisdiction over children under age 18. The law requires the juvenile court to automatically transfer a child aged 15 through 17 to adult criminal court if he or she is charged with a capital felony committed prior to April 25, 2012; a class A felony; certain class B felonies; or arson murder (CGS § 46b-127).

The prosecutor may file a motion to return the matter back to juvenile court at any time after the arraignment in criminal court if the child is charged with:

1.     a class B felony or

2.     1st degree sexual assault when it involved sexual intercourse with a victim under age 13 and the actor was more than two years older (but under age 18) (CGS § 53a-70(a)(2)).

For children charged with felonies not subject to automatic transfer, the prosecutor has discretion to request a transfer to adult court. The court can order the transfer only if (1) the child was at least age 15 at the time of the alleged offense, (2) there is probable cause to believe that the child committed the alleged offense, and (3) the best interests of the child and public are not served by keeping the case in

juvenile court. If a case is transferred in this way, the criminal court can return the case to juvenile court any time before a jury verdict or guilty plea, for good cause shown (CGS § 46b-127).

crimes requiring automatic transfer to adult court

The law requires the juvenile court to automatically transfer a child aged 15 through 17 to adult criminal court if he or she is charged with a capital felony committed prior to April 25, 2012, a class A felony, most class B felonies, or arson murder (CGS § 46b-127).

Table 1 displays these crimes and their authorized prison sentences, including any mandatory minimum sentences. As described above, the prosecutor can file a motion to (1) return some of these cases to juvenile court and (2) request transfer of children charged with other felonies not appearing in this table to adult court.

 

Table 1:  Crimes That Subject a Child to Automatic Transfer from Juvenile to Adult Court                             (see CGS § 46b-127)

Classification

 

Crime

(CGS §)

Prison Sentence

Capital Felony

 

Capital felony (for crimes committed before April 25, 2012)

(formerly 53a-54b)

25 to 60 years

Mandatory minimum 25 years

 

(PA 15-84 eliminated life sentences for this crime for offenders under age 18 at the time of the offense)

 

Class A Felony

Murder*

(53a-54a)

25 to 60 years

Mandatory minimum 25 years

 

Felony murder

(53a-54c)

25 to 60 years

Mandatory minimum 25 years

 

Aggravated sexual assault of a minor

(53a-70c)

25 to 50 years
Mandatory minimum:

  • 1st offense: 25 years
  • Subsequent offense: 50 years

 

Assault of pregnant woman resulting in termination of pregnancy

(53a-59c)

10 to 25 years

Mandatory minimum 10 years

 

 

 

 

 

 

 

 

 

Table 1 (continued)

Classification

 

Crime

(CGS §)

Prison Sentence

Class A Felony

(continued)

Sexual assault 1st degree (when (1) use or threaten force and victim under age 16 or (2) victim under age 13 and actor more than two years older)

(53a-70)

 

10 to 25 years

Mandatory minimum:

  • Five years if victim under age 16
  • 10 years if victim under age 10

 

Sentence must include at least 10 years’ imprisonment (any non-mandatory portion may be suspended) or a term of imprisonment and special parole together constituting at least 10 years

 

Aggravated sexual assault 1st degree (victim under age 16)

(53a-70a)

10 to 25 years

Mandatory minimum:

  • 10 years
  • 20 years if use force or threaten force

 

Kidnapping 1st degree

(53a-92)

10 to 25 years

Mandatory minimum 10 years

 

Kidnapping 1st degree with a firearm

(53a-92a)

10 to 25 years

Mandatory minimum 10 years 

 

Home invasion

(53a-100aa)

10 to 25 years

Mandatory minimum 10 years

 

Arson 1st degree

(53a-111)

10 to 25 years

No mandatory minimum (pursuant to State v. O’Neill, 200 Conn. 268 (1986))

 

Employing a minor in an obscene performance

(53a-196a)

10 to 25 years

Mandatory minimum 10 years

Class B Felony

 

Manslaughter 1st degree with a firearm

(53a-55a)

Five to 40 years

Mandatory minimum five years

 

Transferring pistol or revolver that is stolen or has altered identification

(29-33)

One to 20 years

Mandatory minimum three years

 

Transferring long gun that is stolen or has altered identification

(29-37a)

One to 20 years

 

Strawman gun violations committed by a felon

(29-37j)

One to 20 years

Mandatory minimum three years

 

Workers’ compensation fraud (over $2,000 in benefits)

(31-290c)

One to 20 years

 

Risk of injury (sexual contact with child under age 16)

(53-21(a)(2))

One to 20 years

Mandatory minimum five years if victim under age 13

 

Deprivation of rights (if results in death)

(53-37b)

One to 20 years

 

 

Table 1 (continued)

Classification

 

Crime

(CGS §)

Prison Sentence

Class B Felony

(continued)

Unlawful bomb manufacture

(53-80a)

One to 20 years

 

Intentional failure to report loss or theft of a firearm

(53-202g)

One to 20 years

 

Firearms trafficking

(53-202aa)

One to 20 years

Mandatory minimum three years

 

Unlawful manufacture of chemical, biological, or radioactive weapon

(53-209a)

One to 20 years

 

Extortionate advance of credit

(53-390)

One to 20 years

 

Extortionate advance of money

(53-391)

One to 20 years

 

Extortionate collection or conspiracy to do so

(53-392)

One to 20 years

 

Conspiracy (to commit a class A or B felony)

(53a-48 and 53a-51)

One to 20 years

 

Attempt (to commit a class A or B felony)

(53a-49 and 53a-51)

One to 20 years

 

Assault 1st degree

(53a-59)

One to 20 years

Mandatory minimum:

  • Five years when committed with a deadly weapon or dangerous instrument
  • 10 years if victim is (1) under age 10 or (2) a witness and actor knew victim was a witness

 

Assault of an elderly, blind, disabled, or pregnant person or person with intellectual disability 1st degree

(53a-59a)

One to 20 years

Mandatory minimum five years

 

Sexual assault 1st degree (also an A felony under certain circumstances, see above)

(53a-70)

 

One to 20 years

Mandatory minimum:

  • Two years
  • 10 years if victim is under age 10

 

Sentence must include at least 10 years’ imprisonment (any non-mandatory portion may be suspended) or a term of imprisonment and special parole together constituting at least 10 years

 

 

Aggravated sexual assault 1st degree (victim age 16 or older)

(53a-70a)

10 to 20 years

Mandatory minimum five years

 

Sexual assault in spousal or cohabitation relationship

(53a-70b)

One to 20 years

Mandatory minimum two years

 

Table 1 (continued)

Classification

 

Crime

(CGS §)

Prison Sentence

Class B Felony

(continued)

Sexual assault 3rd degree with a firearm (victim under 16)

(53a-72b)

One to 20 years

Mandatory minimum:

  • Two years

Combined prison and special parole term of 10 years

 

 

 

Promoting prostitution 1st degree

(53a-86) (This statute was amended by PA 16-71, § 16)

One to 20 years

Mandatory minimum nine months if the prostitute is under age 18

 

 

Enticing a minor (victim under age 13 or 3rd or subsequent offense and victim is age 13 or older)

(53a-90a) (This statute was amended by PA 16-71, § 9)

One to 20 years

Mandatory minimum when minor is under age 13:

·       1st offense: five years

·       Subsequent offense: 10 years

 

 

Kidnapping 2nd degree with a firearm

(53a-94a)

One to 20 years

Mandatory minimum three years  

 

 

Burglary 1st degree (53a-101)

 

Note: one form of committing this crime is subject to discretionary rather than automatic transfer (53a-101(a)(2))

One to 20 years

Mandatory minimum five years when actor was armed with explosives, a deadly weapon, or a dangerous instrument 

 

 

Robbery 1st degree, when the person is armed with a deadly weapon

(53a-134(a)(2))

One to 20 years

Mandatory minimum five years when committed with a deadly weapon

 

Possession of a weapon or dangerous instrument in a correctional institution

(53a-174a)

One to 20 years

 

 

 

Rioting at correctional institution

(53a-179b)

One to 20 years 

 

 

 

 

 

 

Trafficking in persons

(53a-192a) (This statute was amended by PA 16-71, § 12)

One to 20 years

 

Promoting a minor in an obscene performance

(53a-196b)

One to 20 years

 

Money laundering 1st degree

(53a-276)

One to 20 years

 

 

 

Vendor fraud 1st degree

(53a-291)

One to 20 years

 

Unclassified

Arson murder

(53a-54d)

25 to 60 years

Mandatory minimum 25 years

 

(PA 15-84 eliminated life sentences for this crime for offenders under age 18 at the time of the offense)

* Murder with special circumstances (CGS § 53a-54b) is also a class A felony, but under PA 15-84, a defendant must have been over age 18 when the offense occurred to be charged with that crime.

 

 

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