Connecticut Seal

General Assembly

 

Substitute Bill No. 5189

    February Session, 2018

 

*_____HB05189JUD___041118____*

AN ACT CONCERNING THE SUSPENSION OF DELIQUENCY PROCEEDINGS FOR FIRE-STARTING BEHAVIOR TREATMENT.

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

Section 1. (NEW) (Effective July 1, 2018) (a) For the purposes of this section, "an act of fire starting" means (1) conduct that causes a fire to start or an explosion, regardless of whether injury to a person or animal or damage to property results, or (2) planning or preparing to start a fire or cause an explosion.

(b) The court, on motion of a child charged with a delinquency offense involving an act of fire starting, but not yet convicted, may order that such child be evaluated to determine whether the child would benefit from participating in a fire-starting behavior treatment program. Such motion shall be filed with the court within ten days after a plea is entered, except if waived by the court or pursuant to an agreement by the parties. The results of any evaluation ordered pursuant to this subsection shall be utilized only for the purposes of determining whether the delinquency proceeding should be suspended under this section.

(c) The court, upon motion of the child charged with a delinquency offense but not yet convicted, may order the suspension of the delinquency proceedings for a period of up to one year and order that the child participate in a fire starting behavior treatment program if the court, after consideration of information before it concerning the child's act of fire starting and the evaluation ordered pursuant to subsection (b) of this section, finds that the child requires and is likely to benefit from such treatment and the suspension of the delinquency proceedings will advance the interests of justice. During the period of suspension, a child shall be placed under the supervision of a juvenile probation officer and such officer shall monitor the compliance of the child with the orders of the court. The costs of such evaluation and treatment program shall be paid by the child's parent or guardian unless such costs are waived by the court upon a finding that such parent or guardian is indigent.

(d) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.

(e) At any time before the end of the period of the suspension of the delinquency proceedings, but not later than one month before the end of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has completed the fire-starting behavior treatment program and has complied with all other conditions of the suspension order imposed by the court.

(f) If the court, on motion of the child or on its own motion, finds that the child has completed the fire-starting behavior treatment program and has complied with all other conditions of suspension, it may dismiss the charge for which the delinquency proceedings had been suspended. If the court denies the motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.

(g) The provisions of this section shall not apply to any child charged with a serious juvenile offense, as defined in section 46b-120 of the general statutes, or any child who was previously ordered treated under this section.

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

Section 1

July 1, 2018

New section

KID

Joint Favorable Subst.

 

JUD

Joint Favorable