OLR Bill Analysis
AN ACT CONCERNING THE TRANSFER OF A CHILD CHARGED WITH CERTAIN OFFENSES TO THE CRIMINAL DOCKET.
Existing law permits a prosecutor to petition the court to transfer a child charged with a class C, D, E, or unclassified felony from the juvenile court docket to the adult criminal court docket. This bill broadens the circumstances in which the court may grant such a petition.
Under the bill, the court may order the transfer of a child facing such charges if it finds that the best interests of the child or the public will not be served by keeping the case in juvenile court. Currently, the law only allows the court to order the transfer if it finds that the best interests of both the child and the public will not be served by maintaining the case in juvenile court. As under existing law, to order such a transfer the court must additionally find that (1) the offense was committed after the child turned 15 and (2) there is probable cause to believe that the child committed the alleged act.
Under existing law, unchanged by the bill, (1) arson murder and all class A felonies are automatically transferred to the adult criminal docket and (2) some class B felonies are automatically transferred, and the prosecutor may petition the court to transfer the other class B felony cases.
EFFECTIVE DATE: July 1, 2018
Committee on Children
Joint Favorable Substitute