Connecticut Seal

General Assembly

 

Governor's Bill No. 5041

February Session, 2018

 

LCO No. 337

 

*00337__________*

Referred to Committee on JUDICIARY

 

Introduced by:

 

REP. ARESIMOWICZ, 30th Dist.

REP. RITTER M., 1st Dist.

SEN. LOONEY, 11th Dist.

SEN. DUFF, 25th Dist.

 

AN ACT CONCERNING THE TRANSFER OF JUVENILE SERVICES FROM THE DEPARTMENT OF CHILDREN AND FAMILIES TO THE COURT SUPPORT SERVICES DIVISION OF THE JUDICIAL BRANCH.

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

Section 1. (Effective from passage) (NEW) Not later than July 1, 2018, the Commissioner of Children and Families shall cause the transfer of each child and youth, as defined in section 46b-120 of the general statutes, placed in the Connecticut Juvenile Training School, to (1) an appropriate institution, hospital or facility under the jurisdiction of the Court Support Services Division of the Judicial Branch, (2) any private or nonprofit agency, association or organization under contract with said branch, whether within or without this state, or (3) the care and custody of the parent or parents or legal guardian of the child; wherever such placement is in the best interest of the child.

Sec. 2. (Effective July 1, 2018) (NEW) The Court Support Services Division of the Judicial Branch shall assume, and the Commissioner of Children and Families shall cease to have legal authority and responsibility over any child or youth, as defined in section 46b-120 of the general statutes, who on July 1, 2018, by virtue of any order of the superior court for Juvenile Matters, is a child or youth convicted as delinquent, as described in section 46b-120 of the general statutes, and who was committed to the Department of Children and Families. Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, the Court Support Services Division of the Judicial Branch shall thereupon assume all liability and responsibility for each such child or youth, and exercise such powers, duties and functions regarding each such child or youth, as assigned to or held or conducted by the Commissioner of Children and Families prior to July 1, 2018.

Sec. 3. (Effective July 1, 2018) (NEW) The Chief Court Administrator, or his or her designee, shall act as administrator of the Interstate Compact for Juveniles under section 46b-151h of the general statutes.

Sec. 4. Section 4b-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

As used in this section, section 4b-1 and sections 4b-56 to 4b-59, inclusive, unless the context clearly requires otherwise:

(1) "Commissioner" means the Commissioner of Administrative Services;

(2) "Consultant" means (A) any architect, professional engineer, landscape architect, land surveyor, accountant, interior designer, environmental professional or construction administrator, who is registered or licensed to practice such person's profession in accordance with the applicable provisions of the general statutes, or (B) any planner or financial specialist;

(3) "Consultant services" includes those professional services rendered by architects, professional engineers, landscape architects, land surveyors, accountants, interior designers, environmental professionals, construction administrators, planners or financial specialists, as well as incidental services that members of these professions and those in their employ are authorized to perform;

(4) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity (A) authorized by law to practice the profession of architecture, landscape architecture, engineering, land surveying, accounting, interior design, environmental or construction administration, or (B) practicing the profession of planning or financial specialization;

(5) "Priority higher education facility project" means any project which is part of a state program to repair, renovate, enlarge, equip, purchase or construct (A) instructional facilities, (B) academic core facilities, including library, research and laboratory facilities, (C) student residential or related student dining facilities, or (D) utility systems related to such projects, which are or will be operated under the jurisdiction of the board of trustees of any constituent unit of the state system of higher education, except The University of Connecticut provided the project is included in the comprehensive facilities master plan of the constituent unit in the most recent state facility plan of the Office of Policy and Management pursuant to section 4b-23;

(6) "Project" means any state program requiring consultant services if the cost of such services is estimated to exceed five hundred thousand dollars;

(7) "Selection panel" or "panel" means the State Construction Services Selection Panel established pursuant to subsection (a) of section 4b-56 or, in the case of a Connecticut Health and Education Facilities Authority project pursuant to section 10a-186a, means the Connecticut Health and Education Facilities Authority Construction Services Panel established pursuant to subsection (c) of section 4b-56;

(8) "User agency" means the state department or agency requesting the project or the agency for which such project is being undertaken pursuant to law;

(9) "Community court project" means (A) any project to renovate and improve a facility designated for the community court established pursuant to section 51-181c, and (B) the renovation and improvement of other state facilities required for the relocation of any state agency resulting from the placement of the community court;

[(10) "Connecticut Juvenile Training School project" means a project (A) to develop on a designated site new facilities for a Connecticut Juvenile Training School in Middletown including, but not limited to, preparing a feasibility study for, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families, which is an emergency project because there is an immediate need for completion of said project to remedy overcrowding at Long Lane School; said school shall have an annual average daily population of not more than two hundred forty residents; or (B) to develop a separate facility for girls including, but not limited to, acquiring of land or buildings, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families;]

[(11)] (10) "Downtown Hartford higher education center project" means a project to develop a higher education center, as defined in subparagraph (B) of subdivision (2) of section 32-600, and as described in subsection (a) of section 32-612, for the regional community-technical college system;

[(12)] (11) "Correctional facility project" means any project (A) which is part of a state program to repair, renovate, enlarge or construct facilities which are or will be operated by the Department of Correction, and (B) for which there is an immediate need for completion in order to remedy prison and jail overcrowding; and

[(13)] (12) "Juvenile detention center project" means any project (A) which is part of a state program to repair, renovate, enlarge or construct juvenile detention centers which are or will be operated by the Judicial Department, and (B) for which there is an immediate need for completion in order to remedy overcrowding.

Sec. 5. Subsection (a) of section 4b-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) (1) Except in the case of a project, a priority higher education facility project, a project, as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut, a community court project, a correctional facility project, a juvenile detention center project, and the downtown Hartford higher education center project, the commissioner shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. (2) In the case of a project, the commissioner shall negotiate a contract for such services with the most qualified firm from among the list of firms submitted by the panel at compensation which the commissioner determines in writing to be fair and reasonable to the state. If the commissioner is unable to conclude a contract with any of the firms recommended by the panel, the commissioner shall, after issuing written findings of fact documenting the reasons for such inability, negotiate with those firms which the commissioner determines to be most qualified, at fair and reasonable compensation, to render the particular consultant services under consideration. (3) Whenever consultant services are required for a priority higher education facility project, a project involving the construction, repair or alteration of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the Judicial Department is the primary occupant, a community court project, a correctional facility project, a juvenile detention center project, or the downtown Hartford higher education center project, the commissioner shall select and interview at least three consultants or firms and shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. [, except that if, in the opinion of the commissioner, the Connecticut Juvenile Training School project needs to be expedited in order to meet the needs of the Department of Children and Families, the commissioner may waive such selection requirement.] Except for the downtown Hartford higher education center project, the commissioner shall notify the State Properties Review Board of the commissioner's action not later than five business days after such action for its approval or disapproval in accordance with subsection (i) of section 4b-23, except that if, not later than fifteen days after such notice, a decision has not been made, the board shall be deemed to have approved such contract.

Sec. 6. Subsection (l) of section 10-233d of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(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] or other residential placement.

(2) If a student who committed an expellable offense seeks to return to a school district after 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.

Sec. 7. Subsection (b) of section 10-233k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) The Department of Children and Families and the Judicial Department or the local or regional board of education shall provide to the superintendent of schools any educational records within their custody of a child seeking to enter or return to a school district from a juvenile detention center [, the Connecticut Juvenile Training School,] or any other residential placement [,] prior to the child's entry or return. The agencies shall also require any contracting entity that holds custody of such records to provide them to the superintendent of schools prior to the child's entry or return. Receipt of the educational records shall not delay a child from enrolling in school. The superintendent of schools shall provide such information to the principal at the school the child will be attending. The principal shall disclose such information to appropriate staff as is necessary to the education or care of the child.

Sec. 8. Subsection (a) of section 12-19a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Until the fiscal year commencing July 1, 2016, on or before January first, annually, the Secretary of the Office of Policy and Management shall determine the amount due, as a state grant in lieu of taxes, to each town in this state wherein state-owned real property, reservation land held in trust by the state for an Indian tribe, a municipally owned airport, or any airport owned by the Connecticut Airport Authority, other than Bradley International Airport, except that which was acquired and used for highways and bridges, but not excepting property acquired and used for highway administration or maintenance purposes, is located. The grant payable to any town under the provisions of this section in the state fiscal year commencing July 1, 1999, and each fiscal year thereafter, shall be equal to the total of (1) (A) one hundred per cent of the property taxes which would have been paid with respect to any facility designated by the Commissioner of Correction, on or before August first of each year, to be a correctional facility administered under the auspices of the Department of Correction or a juvenile detention center under direction of the [Department of Children and Families] Court Support Services Division of the Judicial Branch that was used for incarcerative purposes during the preceding fiscal year. If a list containing the name and location of such designated facilities and information concerning their use for purposes of incarceration during the preceding fiscal year is not available from the Secretary of the State on the first day of August of any year, said commissioner shall, on said first day of August, certify to the Secretary of the Office of Policy and Management a list containing such information, (B) one hundred per cent of the property taxes which would have been paid with respect to that portion of the John Dempsey Hospital located at The University of Connecticut Health Center in Farmington that is used as a permanent medical ward for prisoners under the custody of the Department of Correction. Nothing in this section shall be construed as designating any portion of The University of Connecticut Health Center John Dempsey Hospital as a correctional facility, and (C) in the state fiscal year commencing July 1, 2001, and each fiscal year thereafter, one hundred per cent of the property taxes which would have been paid on any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation on or after June 8, 1999, (2) subject to the provisions of subsection (c) of this section, sixty-five per cent of the property taxes which would have been paid with respect to the buildings and grounds comprising Connecticut Valley Hospital in Middletown. Such grant shall commence with the fiscal year beginning July 1, 2000, and continuing each year thereafter, (3) notwithstanding the provisions of subsections (b) and (c) of this section, with respect to any town in which more than fifty per cent of the property is state-owned real property, one hundred per cent of the property taxes which would have been paid with respect to such state-owned property. Such grant shall commence with the fiscal year beginning July 1, 1997, and continuing each year thereafter, (4) subject to the provisions of subsection (c) of this section, forty-five per cent of the property taxes which would have been paid with respect to all other state-owned real property, (5) forty-five per cent of the property taxes which would have been paid with respect to all municipally owned airports or any airport owned by the Connecticut Airport Authority, other than Bradley International Airport, except for the exemption applicable to such property, on the assessment list in such town for the assessment date two years prior to the commencement of the state fiscal year in which such grant is payable. The grant provided pursuant to this section for any municipally owned airport or any airport owned by the Connecticut Airport Authority, other than Bradley International Airport, shall be paid to any municipality in which the airport is located, except that the grant applicable to Sikorsky Airport shall be paid half to the town of Stratford and half to the city of Bridgeport, and (6) forty-five per cent of the property taxes which would have been paid with respect to any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation prior to June 8, 1999, or taken into trust by the federal government for the Mohegan Tribe of Indians of Connecticut, provided (A) the real property subject to this subdivision shall be the land only, and shall not include the assessed value of any structures, buildings or other improvements on such land, and (B) said forty-five per cent grant shall be phased in as follows: (i) In the fiscal year commencing July 1, 2012, an amount equal to ten per cent of said forty-five per cent grant, (ii) in the fiscal year commencing July 1, 2013, thirty-five per cent of said forty-five per cent grant, (iii) in the fiscal year commencing July 1, 2014, sixty per cent of said forty-five per cent grant, (iv) in the fiscal year commencing July 1, 2015, eighty-five per cent of said forty-five per cent grant, and (v) in the fiscal year commencing July 1, 2016, one hundred per cent of said forty-five per cent grant.

Sec. 9. Subsection (a) of section 17a-3 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) The department shall plan, create, develop, operate or arrange for, administer and evaluate a comprehensive and integrated state-wide program of services, including preventive services, for children and youths whose behavior does not conform to the law or to acceptable community standards, or who are mentally ill, including deaf and hard of hearing children and youths who are mentally ill, emotionally disturbed, substance abusers, [delinquent,] abused, neglected or uncared for, including all children and youths who are or may be committed to it by any court, and all children and youths voluntarily admitted to, or remaining voluntarily under the supervision of, the commissioner for services of any kind. Services shall not be denied to any such child or youth solely because of other complicating or multiple disabilities. The department shall work in cooperation with other child-serving agencies and organizations to provide or arrange for preventive programs, including, but not limited to, teenage pregnancy and youth suicide prevention, for children and youths and their families. The program shall provide services and placements that are clinically indicated and appropriate to the needs of the child or youth. [, except that such services and placements shall not commence or continue for a delinquent child who has attained the age of twenty.] In furtherance of this purpose, the department shall: (1) [Maintain the Connecticut Juvenile Training School and other appropriate facilities exclusively for delinquents; (2) develop] Develop a comprehensive program for prevention of problems of children and youths and provide a flexible, innovative and effective program for the placement, care and treatment of children and youths committed by any court to the department, transferred to the department by other departments, or voluntarily admitted to the department; [(3)] (2) provide appropriate services to families of children and youths as needed to achieve the purposes of sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, and 17a-51; [(4)] (3) establish incentive paid work programs for children and youths under the care of the department and the rates to be paid such children and youths for work done in such programs and may provide allowances to children and youths in the custody of the department; [(5)] (4) be responsible to collect, interpret and publish statistics relating to children and youths within the department; [(6)] (5) conduct studies of any program, service or facility developed, operated, contracted for or supported by the department in order to evaluate its effectiveness; [(7)] (6) establish staff development and other training and educational programs designed to improve the quality of departmental services and programs, which shall include, but not be limited to, training in the prevention, identification and effects of family violence, provided no social worker trainee shall be assigned a case load prior to completing training, and may establish educational or training programs for children, youths, parents or other interested persons on any matter related to the promotion of the well-being of children, or the prevention of mental illness, emotional disturbance [, delinquency] and other disabilities in children and youths; [(8)] (7) develop and implement aftercare and follow-up services appropriate to the needs of any child or youth under the care of the department; [(9)] (8) establish a case audit unit to monitor each regional office's compliance with regulations and procedures; [(10)] (9) develop and maintain a database listing available community service programs funded by the department; [(11)] (10) provide outreach and assistance to persons caring for children whose parents are unable to do so by informing such persons of programs and benefits for which they may be eligible; and [(12)] (11) collect data sufficient to identify the housing needs of children served by the department and share such data with the Department of Housing.

Sec. 10. Subsection (a) of section 17a-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) There shall be a State Advisory Council on Children and Families which shall consist of nineteen members as follows: (1) Thirteen members appointed by the Governor, including two persons who are child care professionals, two persons eighteen to twenty-five years of age, inclusive, served by the Department of Children and Families, one child psychiatrist licensed to practice medicine in this state and one attorney who has expertise in legal issues related to children and youth and seven persons who shall be representative of young persons, parents and others interested in the delivery of services to children and youths, including child protection, behavioral health [, juvenile justice] and prevention services, at least four of whom shall be parents, foster parents or family members of children who have received, or are receiving, behavioral health services [,] or child welfare services; [or juvenile services;] and (2) six members representing the regional advisory councils established pursuant to section 17a-30, appointed one each by the members of each council. On and after October 1, 2014, no more than half the members of the council shall be persons who receive income from a private practice or any public or private agency that delivers mental health, substance abuse, child abuse prevention and treatment [,] or child welfare services. [or juvenile services.] Members of the council shall serve without compensation, except for necessary expenses incurred in the performance of their duties. The Department of Children and Families shall provide the council with funding to facilitate the participation of those members representing families and youth, as well as for other administrative support services. Members shall serve on the council for terms of two years each and no member shall serve for more than three consecutive terms. The commissioner shall be an ex-officio member of the council without vote and shall attend its meetings. Any member who fails to attend three consecutive meetings or fifty per cent of all meetings during any calendar year shall be deemed to have resigned. The council shall elect a chairperson and vice-chairperson to act in the chairperson's absence.

Sec. 11. Section 17a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

The commissioner, or the commissioner's designee, shall:

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

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

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

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

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

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

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

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

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

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

[(k) Act as administrator of the Interstate Compact for Juveniles under section 46b-151h;]

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

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

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

[(o)] (n) Conduct and render a final decision in administrative hearings. [; and]

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

Sec. 12. Subsection (b) of section 17a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) A child or youth voluntarily admitted to the department shall be deemed to be within the care of the commissioner until such admission is terminated. The commissioner shall terminate the admission of any child or youth voluntarily admitted to the department within ten days after receipt of a written request for termination from a parent or guardian of any child under fourteen years of age or from a child if such child is fourteen years of age or older, or youth, unless prior to the expiration of that time the commissioner has sought and received from the Superior Court an order of temporary custody as provided by law. Except as provided in subsection (i) of this section, the commissioner may terminate the admission of any child or youth voluntarily admitted to the department after (1) giving reasonable notice in writing to (A) the parent or guardian of any child or youth, and (B) the child, if such child is fourteen years of age or older, or youth, and (2) if the commissioner has previously petitioned the Probate Court pursuant to subsection (c) of this section, providing notice to the Probate Court of such petition. Any child or youth admitted voluntarily to the department may be placed in, or transferred to, any resource, facility or institution within the department or available to the commissioner, [except the Connecticut Juvenile Training School,] provided the commissioner shall give written notice to such child or youth and to the parent or guardian of the child of the commissioner's intention to make a transfer at least ten days prior to any actual transfer, unless written notice is waived by those entitled to receive it, or unless an emergency commitment of such child or youth is made pursuant to section 17a-502. Any child or youth admitted voluntarily to the department may be transferred to the supervision of the Department of Mental Health and Addiction Services or the Department of Developmental Services, in collaboration with the commissioner of the department to which the child is transferred. The Commissioner of Children and Families shall provide written notice of his or her intention to make a transfer at least ten days prior to any actual transfer to a child fourteen years of age or older, or youth, and to the parent or guardian of the child or youth being transferred. If the department has previously filed a petition with the Probate Court under subsection (c) of this section, the commissioner shall provide notice of such petition to the court. The Commissioner of Children and Families may continue to provide services to the child or youth in collaboration with the department to which the child or youth has been transferred or may terminate the voluntary services if, in the commissioner's discretion, the department to which the child or youth has been transferred provides adequate services. The commissioner shall provide written notice of his or her intention to terminate services following a transfer to another department to a child fourteen years of age or older, or youth, and to the parent or guardian of such child or youth. If the department has previously filed a petition with the Probate Court under subsection (c) of this section, the commissioner shall provide notice of such petition to the court.

Sec. 13. Section 17a-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) When the commissioner, or the commissioner's designee, determines that a change of program is in the best interest of any child or youth committed or transferred to the department, the commissioner or the commissioner's designee may transfer such person to any appropriate resource or program administered by or available to the department, to any other state department or agency, or to any private agency or organization within or without the state under contract with the department; [provided no child or youth voluntarily admitted to the department under section 17a-11 shall be placed or subsequently transferred to the Connecticut Juvenile Training School; and further] provided no transfer shall be made to any institution, hospital or facility under the jurisdiction of the Department of Correction, except as authorized by section 18-87, unless it is so ordered by the Superior Court after a hearing. When, in the opinion of the commissioner, or the commissioner's designee, a person fourteen years of age or older is dangerous to himself or herself or others or cannot be safely held at [the Connecticut Juvenile Training School, if a male, or at any other] any facility within the state available to the Commissioner of Children and Families, the commissioner, or the commissioner's designee, may request an immediate hearing before the Superior Court on the docket for juvenile matters where such person was originally committed to determine whether such person shall be transferred to the John R. Manson Youth Institution, Cheshire, if a male, or the York Correctional Institution, if a female. The court shall, within three days of the hearing, make such determination. If the court orders such transfer, the transfer shall be reviewed by the court every six months thereafter to determine whether it should be continued or terminated, unless the commissioner has already exercised the powers granted to the commissioner under section 17a-13 by removing such person from the John R. Manson Youth Institution, Cheshire or the York Correctional Institution. Such transfer shall terminate upon the expiration of the commitment in such juvenile matter.

(b) [Any delinquent child, if a male, may be placed at any time in the Connecticut Juvenile Training School.] The commissioner may transfer any child or youth committed to the commissioner to any institution, hospital or facility for mentally ill children under the commissioner's jurisdiction for a period not to exceed fifteen days if the need for such emergency treatment is certified by a psychiatrist licensed to practice medicine by the state.

Sec. 14. Section 17a-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) The name of the Department of Children and Families facility at Connecticut Valley Hospital in the city of Middletown shall be the Albert J. Solnit Children's Center - South Campus.

[(b) The name of the Department of Children and Families facility in the city of Middletown shall be the Connecticut Juvenile Training School.]

[(c)] (b) The name of the Department of Children and Families facility in the town of East Windsor shall be the Albert J. Solnit Children's Center - North Campus.

[(d)] (c) The name of the Department of Children and Families facility in the town of Hartland shall be the Wilderness School.

Sec. 15. Section 17a-185 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

Any officer of the state police or of an organized municipal police department may transport, with the sole written consent of the person transported, any person over sixteen years of age and less than eighteen years of age who appears to be away from home without permission of such person's parents or guardian or who appears to be suffering from lack of food, shelter or medical care to any public or private facility, provided institutions of the Department of Correction [, the Connecticut Juvenile Training School] and local police detention facilities shall not be used for such purpose. The person or organization to whom such person is transported shall, if practicable, inform such person's parent or guardian of such person's whereabouts within twelve hours. Such procedure shall be civil in nature, shall not constitute an arrest and shall be made solely for the purpose of safeguarding the interests and welfare of such person.

Sec. 16. Section 17a-201b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

Equal privileges shall be granted to clergymen of all religious denominations to impart religious instruction to the inmates [of the Connecticut Juvenile Training School, and] of each chartered or incorporated institution to which any minor may be committed by any court; and every reasonable opportunity shall be allowed such clergymen to give such inmates, belonging to their respective denominations, religious and moral instruction. The Commissioner of Children and Families shall prescribe reasonable times and places, not inconsistent with proper management, when and where such instruction, which shall be open to all who choose to attend, may be given.

Sec. 17. Subsection (b) of section 22a-1f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) Environmental impact evaluations shall not be required for [the Connecticut Juvenile Training School project, as defined in section 4b-55, and] the extension of such project otherwise known as the Connecticut River Interceptor Sewer Project, or a project, as defined in subdivision (16) of section 10a-109c, which involves the conversion of an existing structure for educational rather than office or commercial use.

Sec. 18. Subsections (f) to (l), inclusive, of section 46b-140 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(f) If the court further finds that its probation services or other services available to the court are not adequate for such child, the court shall commit such child [to the Department of Children and Families] in accordance with the provisions of section 46b-141.

(g) Any child or youth coming within the jurisdiction of the court, who is found to be mentally ill, may be committed by said court to the Commissioner of Children and Families and, if the court convicts a child as delinquent and finds such child to be mentally deficient, the court may commit such child to an institution for mentally deficient children or youth or delinquents. No such commitment may be ordered or continued for any child who has attained the age of twenty. Whenever it is found that a child convicted as delinquent or adjudged to be a member of a family with service needs would benefit from a work-study program or employment with or without continued school attendance, the court may, as a condition of probation or supervision, authorize such child to be employed for part or full-time at some useful occupation that would be favorable to such child's welfare, and the probation officer shall supervise such employment. For the purposes of this section, the limitations of subsection (a) of section 31-23 on the employment of minors under the age of sixteen years shall not apply for the duration of such probation or supervision.

(h) Whenever the court commits a child to the [Department of Children and Families] Court Support Services Division, there shall be delivered with the mittimus a copy of the results of the investigations made as required by section 46b-134. The court may, at any time, require from the [department] division in whose care a child has been placed such report as to such child and such child's treatment.

(i) If the delinquent act for which the child is committed to the [Department of Children and Families] Court Support Services Division is a serious juvenile offense, the court may set a minimum period of twelve months during which the child shall be placed in a residential facility operated by or under contract with said [department] division, as determined by the [Commissioner of Children and Families] Executive Director of the Court Support Services Division. No such commitment may be ordered or continued for any child who has attained the age of twenty. The setting of such minimum period shall be in the form of an order of the court included in the mittimus. For good cause shown in the form of an affidavit annexed thereto, the [Department of Children and Families] Court Support Services Division, the parent or guardian of the child or the child may petition the court for modification of any such order.

(j) Except as otherwise provided in this section, the court may order that a child be (1) committed to the [Department of Children and Families] Court Support Services Division and, after consultation with said [department] division, the court may order that the child be placed directly in a residential facility within this state and under contract with said [department] division, or (2) committed to the [Commissioner of Children and Families] Executive Director of the Court Support Services Division for placement by the [commissioner, in said commissioner's discretion] division, (A) with respect to the juvenile offenders determined by the [Department of Children and Families] Court Support Services Division to be the highest risk, in [the Connecticut Juvenile Training School, if the juvenile offender is a male, or in another] a state facility, presumptively for a minimum period of twelve months, or (B) in a private residential or day treatment facility within or outside this state, or (C) on parole. No such commitment may be ordered or continued for any child who has attained the age of twenty. The [commissioner] Executive Director of the Court Support Services Division shall use a risk and needs assessment classification system to ensure that children who are in the highest risk level will be placed in an appropriate secure treatment setting.

[(k) On or after May 21, 2004, no female child committed to the Department of Children and Families shall be placed in the Connecticut Juvenile Training School. Any female child placed in the Connecticut Juvenile Training School before May 21, 2004, shall be transferred to another appropriate facility not later than ninety days after May 21, 2004.]

[(l)] (k) Notwithstanding any provisions of the general statutes concerning the confidentiality of records and information, whenever a child convicted as delinquent is committed to the [Department of Children and Families, the Commissioner of Children and Families] Court Support Services Division, the Executive Director of the Court Support Services Division shall have access to the following information: (1) Educational records of such child; (2) records regarding such child's past treatment for physical or mental illness, including substance abuse; (3) records regarding such child's prior placement in a public or private residential facility; (4) records created or obtained by the Judicial Department regarding such child; and (5) records, as defined in subsection (a) of section 17a-28. The [Commissioner of Children and Families] Executive Director of the Court Support Services Division shall review such information to determine the appropriate services and placement which will be in the best interest of the child.

Sec. 19. Subsection (e) of section 52-261a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(e) The following fees shall be allowed and paid, except to state employees in the classified service: (1) For each arrest in criminal cases, one dollar and fifty cents; (2) for any necessary assistants in making criminal arrests, a reasonable sum, the necessity of such assistance to be proved by the oath of the officer; (3) for travel with a prisoner to court or to a community correctional center, forty cents a mile, provided (A) if more than one prisoner is transported at the same time, the total cost of travel shall be forty cents per mile for each prisoner transported up to a maximum of two dollars per mile, regardless of the number of prisoners transported, and (B) if a prisoner is transported for commitment on more than one mittimus, the total cost of travel shall be the same as for the transportation of one prisoner committed on one mittimus only; (4) for holding a prisoner in custody upon criminal process for each twelve hours or fraction thereof, to be taxed as expenses in the case, one dollar; (5) for holding a prisoner in custody by order of court, one dollar a day; (6) for keepers, for every twelve hours, in lieu of all other expenses, except in special cases to be approved by the court, five dollars; (7) for executing a mittimus of commitment to the Connecticut Correctional Institution, Somers, for each prisoner, one dollar and fifty cents; (8) for transporting any prisoner from a community correctional center to the Connecticut Correctional Institution, Somers, or for transporting any person under commitment from a community correctional center to the John R. Manson Youth Institution, Cheshire, twenty-five cents a mile, to be taxed as expenses, provided, if more than one prisoner or person is transported, the total cost of travel shall be twenty-five cents per mile for each prisoner or person transported up to a maximum of one dollar per mile, regardless of the number of prisoners or persons transported; (9) for taking samples to a state chemist by order of court, two dollars, and for each mile of travel in going and returning, ten cents; and (10) [for service of a mittimus to commit to the Connecticut Juvenile Training School, necessary expenses and a reasonable compensation; and (11)] for producing any prisoner, held by criminal process, in court or before a judge under habeas corpus proceedings, twenty-five cents a mile travel and two dollars and fifty cents a day for attendance, to be taxed and allowed by the court or judge.

Sec. 20. Section 53a-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) A person is guilty of escape from custody if such person (1) escapes from custody, or (2) has been convicted as delinquent, has been committed to the [Department of Children and Families, and (A) fails to return from a leave authorized under section 17a-8a, or (B)] Court Support Services Division and escapes from a state or private facility or institution in which such person has been assigned or placed by the [Commissioner of Children and Families] Executive Director of the Court Support Services Division.

(b) If a person has been arrested for, charged with or convicted of a felony, escape from such custody is a class C felony, otherwise, escape from custody is a class A misdemeanor.

Sec. 21. Sections 7-63, 17a-3a, 17a-6b, 17a-6c, 17a-7, 17a-7a, 17a-8, 17a-8a, 17a-10, 17a-13, 17a-27b, 17a-27d and 17a-64 of the general statutes are repealed. (Effective July 1, 2018)

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

Section 1

from passage

New section

Sec. 2

July 1, 2018

New section

Sec. 3

July 1, 2018

New section

Sec. 4

July 1, 2018

4b-55

Sec. 5

July 1, 2018

4b-58(a)

Sec. 6

July 1, 2018

10-233d(l)

Sec. 7

July 1, 2018

10-233k(b)

Sec. 8

July 1, 2018

12-19a(a)

Sec. 9

July 1, 2018

17a-3(a)

Sec. 10

July 1, 2018

17a-4(a)

Sec. 11

July 1, 2018

17a-6

Sec. 12

July 1, 2018

17a-11(b)

Sec. 13

July 1, 2018

17a-12

Sec. 14

July 1, 2018

17a-32

Sec. 15

July 1, 2018

17a-185

Sec. 16

July 1, 2018

17a-201b

Sec. 17

July 1, 2018

22a-1f(b)

Sec. 18

July 1, 2018

46b-140(f) to (l)

Sec. 19

July 1, 2018

52-261a(e)

Sec. 20

July 1, 2018

53a-171

Sec. 21

July 1, 2018

Repealer section

Statement of Purpose:

To implement the Governor's budget recommendations.

[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.]