Connecticut Seal

General Assembly

File No. 581

    February Session, 2018

Substitute House Bill No. 5562

House of Representatives, April 19, 2018

The Committee on Judiciary reported through REP. TONG of the 147th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE AND CONCERNING THE TRANSFER OF JUVENILE JUSTICE FUNCTIONS TO THE JUDICIAL BRANCH.

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

Section 1. (NEW) (Effective from passage) (a) Notwithstanding any provision of the general statutes, on and after January 1, 2021, the Department of Correction shall not hold in its custody any person under eighteen years of age.

(b) (1) The Departments of Correction, Children and Families, and Education, and the Court Support Services Division of the Judicial Branch, shall jointly develop a plan to implement the provisions of subsection (a) of this section.

(2) Such plan shall ensure that persons who are under eighteen years of age, but who are prosecuted on the regular criminal docket, are detained and incarcerated in a safe, secure, and developmentally appropriate environment that is used exclusively for the detention and incarceration of persons under eighteen years of age.

(3) The plan shall include recommendations for any legislation that may be necessary or appropriate to implement the provisions of subsection (a) of this section, and recommendations for programs, services and supports that should be provided to or for detained or incarcerated persons under eighteen years of age who are prosecuted on the regular criminal docket.

(4) Not later than October 1, 2019, the plan shall be submitted, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and to the Juvenile Justice Policy and Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act.

Sec. 2. (NEW) (Effective from passage) Not later than July 1, 2018, the Commissioner of Education shall begin implementation of the community-based diversion system developed pursuant to subsection (k) of section 46b-121n of the general statutes, as amended by this act, provided the commissioner can implement such system within available resources. Prioritization for resources shall be given to the highest need school districts, as determined by the number of prior court referrals and school district readiness for implementation, provided such plan shall be fully implemented not later than June 30, 2020.

Sec. 3. (NEW) (Effective from passage) Not later than July 1, 2018, the Commissioner of Education shall begin implementation of the school-based diversion plan developed pursuant to section 11 of public act 16-147. Such plan shall be fully implemented not later than June 30, 2020, provided the commissioner can implement such plan within available resources.

Sec. 4. Subsection (g) of section 10-253 of the 2018 supplement to the general statutes, as amended by section 24 of this act, is repealed and the following is substituted in lieu thereof (Effective August 1, 2018):

(g) (1) For purposes of this subsection, "juvenile detention facility" means a juvenile detention facility operated by, or under contract with, the Judicial Department, and "juvenile residential facility" means a juvenile residential facility operated by, or under contract with the Judicial Department.

(2) The local or regional board of education for the school district in which a juvenile detention facility or juvenile residential facility is located shall be responsible for the provision of general education and special education and related services to children detained in such facilities. The provision of general education and special education and related services shall be in accordance with all applicable state and federal laws concerning the provision of educational services. Such board may provide such educational services directly or may contract with public or private educational service providers for the provision of such services. Tuition may be charged to the local or regional board of education under whose jurisdiction the child would otherwise be attending school for the provision of general education and special education and related services. Responsibility for the provision of educational services to the child shall begin on the date of the child's placement in the juvenile detention facility or juvenile residential facility and financial responsibility for the provision of such services shall begin upon the receipt by the child of such services.

(3) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile detention facility or juvenile residential facility is located shall be financially responsible [for the tuition charged] for the provision of educational services to the child in such juvenile detention facility or juvenile residential facility, notwithstanding that the child has been suspended from school pursuant to section 10-233c, has been expelled from school pursuant to section 10-233d, or has withdrawn, dropped out or otherwise terminated enrollment from school. The State Board of Education shall pay, on a current basis, any costs in excess of such local or regional board of education's prior year's average per pupil costs. If the local or regional board of education under whose jurisdiction the child would otherwise be attending school cannot be identified, the local or regional board of education for the school district in which the juvenile detention facility or juvenile residential facility is located shall be eligible to receive on a current basis from the State Board of Education any costs in excess of such local or regional board of education's prior year's average per pupil costs. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d.

[(4) The local or regional board of education under whose jurisdiction the child would otherwise be attending school shall be financially responsible for the provision of educational services to the child placed in a juvenile detention facility or juvenile residential facility as provided in subdivision (3) of this subsection notwithstanding that the child has been suspended from school pursuant to section 10-233c, has been expelled from school pursuant to section 10-233d or has withdrawn, dropped out or otherwise terminated enrollment from school. Upon notification of such board of education by the educational services provider for the juvenile detention facility or juvenile residential facility, the child shall be reenrolled in the school district where the child would otherwise be attending school or, if no such district can be identified, in the school district in which the juvenile detention facility or juvenile residential facility is located, and provided with educational services in accordance with the provisions of this subsection.]

[(5)] (4) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile detention facility or juvenile residential facility is located shall be notified in writing by the Judicial Branch of the child's placement at the juvenile detention facility or juvenile residential facility not later than one business day after the child's placement, notwithstanding any provision of the general statutes. [to the contrary.] The notification shall include the child's name and date of birth, the address of the child's parents or guardian, placement location and contact information, and such other information as is necessary to provide educational services to the child.

(5) Notwithstanding any provision of the general statutes, a child who is enrolled in a school at the time of placement in a juvenile detention facility shall remain enrolled in that same school for the duration of his or her detention, unless the child voluntarily terminates enrollment, and shall have the right to return to such school immediately upon discharge from detention into the community.

(6) When a child is not enrolled in a school at the time of placement in a juvenile detention facility:

(A) The child shall be enrolled in the school district where the child would otherwise be attending school not later than one business day after notification is given pursuant to subdivision (4) of this subsection.

(B) If no such district can be identified, the child shall be enrolled in the school district in which the juvenile detention facility is located not later than one business day after the determination is made that no such district can be identified.

(7) Upon learning that a child is to be discharged from a juvenile detention facility, the educational services provider for the juvenile detention facility shall immediately provide notice of such discharge to the jurisdiction in which the child will continue his or her education after discharge.

[(6)] (8) Prior to the child's discharge from the juvenile detention facility or juvenile residential facility, [an assessment of the school work completed by the child shall be conducted by] the local or regional board of education responsible for the provision of educational services to children in the juvenile detention facility or juvenile residential facility shall conduct an assessment of the school work completed by the child to determine an assignment of academic credit for the work completed. Credit assigned shall be the credit of the local or regional board of education responsible for the provision of the educational services. Credit assigned for work completed by the child shall be accepted in transfer by the local or regional board of education for the school district in which the child continues his or her education after discharge from the juvenile detention facility or juvenile residential facility.

Sec. 5. Section 10-253 of the 2018 supplement to the general statutes is amended by adding subsection (h) as follows (Effective from passage):

(NEW) (h) (1) On or before August 1, 2018, each eligible school district shall designate and maintain at least one employee as a liaison to facilitate transitions between the school district and the juvenile and criminal justice systems.

(2) The designation required under subdivision (1) of this subsection shall be made by providing the Court Support Services Division of the Judicial Branch with written notice, on or before August first annually, of the name and professional title of and the contact information for such liaison.

(3) In each district, the liaison shall assist the school district, the Court Support Services Division of the Judicial Branch and any relevant educational service providers in ensuring that:

(A) All persons under twenty-two years of age in justice system custody are promptly evaluated for eligibility for special education services, pursuant to section 17a-65 and any other applicable law;

(B) Students in justice system custody and returning to the community from justice system custody are promptly enrolled in school pursuant to this section and section 10-186;

(C) Students in justice system custody and returning to the community from justice system custody receive appropriate credit for school work completed in custody, pursuant to this section or section 10-220h;

(D) All relevant school records for students who enter justice system custody and who return to the community from justice system custody are promptly transferred to the appropriate school district or educational service provider, pursuant to section 10-220h.

(4) For purposes of this subsection:

(A) An "eligible school district" means a school district that enrolled at least six thousand students during the school year ending June 30, 2017.

(B) "Justice system custody" means physical or legal custody or control of a child in a facility or program run by or contracted with the Department of Children and Families, the Department of Correction, or the Court Support Services Division of the Judicial Branch, either pending or pursuant to an adjudication or conviction for a delinquent act or criminal offense.

(C) "Child" means child, as defined in section 46b-120, as amended by this act, or any other person under eighteen years of age.

Sec. 6. (NEW) (Effective from passage) (a) Not later than January 1, 2020, the Technical High School System shall collaborate with the Court Support Services Division of the Judicial Branch, the State Department of Education, and any relevant private educational programs to provide vocational, technical and technological education, training and work experience for children in post-conviction justice system custody. The education, training and work experience provided shall, at a minimum, ensure that each such child has the opportunity to earn at least one career and technical academic credit to meet high school graduation requirements under section 10-221a of the general statutes.

(b) Not later than January 1, 2020, the Technical High School System shall amend the system's admissions criteria so that children in this state who have returned to the community from post-conviction justice system custody have a reasonable opportunity to enroll in the Technical High School System.

(c) Not later than January 1, 2019, the board of the technical high school system and the superintendent of the technical high school system shall develop and submit a plan to implement the provisions of subsections (a) and (b) of this section. The plan may be incorporated into the biennial report required under section 10-95k of the general statutes, and shall be separately submitted to the joint standing committee of the General Assembly having cognizance of matters relating to education in accordance with the provisions of section 11-4a of the general statutes and to the Juvenile Justice Policy and Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act.

(d) For the purposes of this section:

(1) "Post-conviction justice system custody" means physical or legal custody or control of a child in a facility or program run by or contracted with the Department of Children and Families, the Department of Correction, or the Court Support Services Division of the Judicial Branch, pursuant to an adjudication or conviction for a delinquent act or criminal offense; and

(2) "Child" means child, as defined in section 10-253 of the general statutes, as amended by this act.

Sec. 7. (NEW) (Effective from passage) (a) Notwithstanding any provision of the general statutes, not later than January 1, 2021, legal responsibility for the overall coordination, oversight, supervision and direction of all vocational and academic education services and programs for children in justice system custody, and the provision of education-related transitional support services for children returning to the community from justice system custody, shall be vested in a single agency of this state. Not later than January 1, 2021, that single state agency shall directly operate, or shall contract with a single nonprofit provider to operate, a single statewide system providing all educational services and related transitional supports for children in justice system custody.

(b) Not later than July 1, 2018, the Juvenile Justice Policy and Oversight Committee shall convene a subcommittee to develop a detailed plan to implement the provisions of subsection (a) of this section. The subcommittee shall consist of:

(1) One person designated by the Commissioner of Education;

(2) One person designated by the executive director of the Court Support Services Division of the Judicial Branch;

(3) One person designated by the Bridgeport School District;

(4) One person designated by the Hartford School District;

(5) One person designated by the Commissioner of Correction;

(6) One person who is an expert in state budgeting and who can assist the subcommittee in obtaining data on relevant expenditures and available resources, designated by the Secretary of the Office of Policy and Management;

(7) Three persons, who are experts with significant career experience in providing and coordinating education in justice-system settings and who are not employees of the State of Connecticut, designated by the chairpersons of the Juvenile Justice Oversight and Planning Committee; and

(8) Two persons representing the interests of students and families, one designated by the executive director of an organization in this state with the mission of stopping the criminalization of this state's children and one designated by the executive director of an organization in this state that advocates for legal rights for the most vulnerable children in this state.

(c) The plan developed pursuant to subsection (b) of this section shall include, but need not be limited to:

(1) Identification of the single state agency mandated by subsection (a) of this section, and designation of a program manager within that agency who will be responsible for planning, coordination, oversight, supervision, quality control, legal compliance and allocation of relevant federal and state funds for children in justice system custody;

(2) A detailed description of how educational services will be provided to children in justice system custody and how education-related supports will be provided to children during transition out of justice system custody, either directly by the single state agency mandated by subsection (a) of this section or through a statewide contract with a single nonprofit provider;

(3) An analysis of resources expended for educating children in justice system custody and for supporting educational success during transitions out of justice system custody, and recommendations for consolidating and reallocating resources towards the oversight, accountability, services and supports provided for in this section;

(4) Provisions for ensuring that a range of pathways to educational and economic opportunity are available for children in justice system custody, including at a minimum a traditional high school diploma program, an accelerated credit recovery program, vocational training programs and access to post-secondary educational options;

(5) Specifications for a statewide accountability and quality control system for schools that serve children in justice system custody. The accountability and quality control system shall include, but need not be limited to:

(A) A specialized school profile and performance report, to be produced annually for each school that serves children in justice system custody. The profiles and performance reports shall be consistent with other accountability systems required by law and shall include criteria and metrics tailored to measuring the quality of schools that serve children in justice system custody. Such metrics shall include, but need not be limited to: Student growth in reading and math; credit accumulation; modified graduation rates and high school equivalent passage rates; school attendance, defined as the percentage of children who are actually physically present in classrooms for school and educational programs; the percentage of students pursuing a high school diploma, an industry-based certification, a recognized high school diploma equivalent, credits for advanced courses and post-secondary education programs; performance in educating children with exceptionalities, including identification of special education needs, the development of best-practices for individualized education programs and the provision of services and supports mandated by individualized education programs; student reenrollment in school or other educational or vocational training programs after leaving justice system custody; student success in post-release high school, post-secondary education, or job-training programs; and compliance with the protocols for support of educational transitions delineated in subdivision (7) of this subsection;

(B) Identifying achievement benchmarks for each measurement of school quality;

(C) Written standards for educational quality for schools that serve children in custody;

(D) A program for quality control and evaluation of schools serving children in custody. The program shall include, but need not be limited to, in-person observation and monitoring of each school serving children in justice system custody. The monitoring shall occur at least annually, and shall be conducted by experts in special education and education in justice-system settings;

(E) Provisions for ensuring that each school serving children in justice system custody seeks and obtains external accreditation by a recognized accrediting agency; and

(F) A set of supports, interventions and remedies that shall be implemented when a school serving children in justice system custody falls consistently or significantly short of quality benchmarks;

(6) Provisions for ensuring that the statewide education system for children in justice system custody, mandated by subsection (a) of this section, includes:

(A) The engagement of one or more curriculum development specialists to support learning in schools serving children in justice system custody and to develop a flexible, high-interest, modular curriculum that is aligned with state standards and adapted to the context of educating children in justice system custody;

(B) The engagement of one or more professional development and teacher training specialists to support teachers in schools that serve children in justice system custody; and

(C) The engagement of professional reentry coordinators to support educational success in children returning to the community from justice system custody;

(7) A protocol for educational support of children transitioning into, and out of, justice system custody. The protocol shall include, but need not be limited to:

(A) Team-based reentry planning for every child in justice system custody;

(B) Clear and ambitious timelines for transfer of educational records at intake and release from justice system custody; and

(C) Timelines for reenrollment and credit transfer; and

(8) Recommendations for any legislation that may be necessary or appropriate to implement the provisions of subsection (a) of this section.

(d) The plan developed pursuant to subsection (b) of this section shall be submitted on or before January 1, 2019, to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes, and to the Juvenile Justice Policy and Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act.

(e) For purposes of this section: "Justice system custody" means justice system custody, as defined in section 10-253 of the general statutes, as amended by this act; "school" means any program or institution, or any project or unit thereof, that provides any academic or vocational education programming for any children in justice system custody; and "child" means child, as defined in section 10-253 of the general statutes, as amended by this act.

Sec. 8. (NEW) (Effective from passage) (a) Not later than January 1, 2020, the Department of Education shall develop and implement a plan to incentivize and support school district participation in a statewide information technology platform that allows real-time sharing of educational records among schools and school districts statewide.

(b) Not later than February 1, 2019, the Commissioner of Education shall provide information on progress made towards the development and implementation of the plan required under subsection (a) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes, and to the Juvenile Justice Policy and Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act.

Sec. 9. Section 46b-121n of the general statutes is amended by adding subsections (m) to (p), inclusive, as follows (Effective from passage):

(NEW) (m) (1) The committee shall periodically request, receive and review information regarding conditions of confinement, including services available, for persons under eighteen years of age detained at the John R. Manson Youth Institution, Cheshire.

(2) Not later than October 1, 2018, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management on current conditions of confinement, including services available, for persons under eighteen years of age who are detained or incarcerated in correctional facilities, juvenile secure facilities and other out-of-home placements in the juvenile and criminal justice systems. The report shall include, but need not be limited to, a description of any gaps in services and the continued availability and utilization of mental health, education, rehabilitative and family engagement services.

(NEW) (n) Not later than January 1, 2020, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management regarding a juvenile justice reinvestment plan. The report shall include a study and make recommendations for the reinvestment of savings realized from the decreased use of incarceration and congregate care towards strategic investments in home-based, school-based and community-based behavioral health services and supports for children diverted from, or involved with, the juvenile justice system.

(NEW) (o) Not later than January 1, 2019, and annually thereafter, the Department of Children and Families, the Department of Correction and the Court Support Services Division of the Judicial Branch shall report to the committee on compliance with the provisions of section 46b-126a. Such reports shall present indicia of compliance in both state facilities and those facilities managed by a private provider under contract with the state, and shall include data on all persons under eighteen years of age who have been removed or excluded from educational settings as a result of alleged behavior occurring in those educational settings.

(NEW) (p) Not later than January 1, 2019, and annually thereafter, all state agencies that detain or otherwise hold in custody a person under eighteen years of age involved with the juvenile justice or criminal justice system, or that contract for the housing of any person involved with the juvenile justice or criminal justice system under eighteen years of age, shall report to committee on compliance with the provisions of section 46b-121p. Such reports shall include indicia of compliance in both direct-run and contract facilities, and shall include data on all rearrests and uses of confinements and restraints for youth in justice system custody, as defined in section 10-253, as amended by this act.

Sec. 10. Section 46b-120 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

The terms used in this chapter shall, in its interpretation and in the interpretation of other statutes, be defined as follows:

(1) "Child" means any person under eighteen years of age who has not been legally emancipated, except that (A) for purposes of delinquency matters and proceedings, "child" means any person who (i) is at least seven years of age at the time of the alleged commission of a delinquent act and who is (I) under eighteen years of age and has not been legally emancipated, or (II) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (ii) is subsequent to attaining eighteen years of age, (I) violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to a delinquency proceeding, or (II) wilfully fails to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child had notice, and (B) for purposes of family with service needs matters and proceedings, child means a person who is at least seven years of age and is under eighteen years of age;

[(2) "Youth" means any person sixteen or seventeen years of age who has not been legally emancipated;

(3) A child may be found "mentally deficient" who, by reason of a deficiency of intelligence that has existed from birth or from early age, requires, or will require, for such child's protection or for the protection of others, special care, supervision and control;]

[(4)] (2) (A) A child may be [convicted] adjudicated as "delinquent" who has, while under sixteen years of age, (i) violated any federal or state law, except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or violated a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (ii) wilfully failed to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) violated conditions of probation supervision or probation with residential placement in a delinquency proceeding as ordered by the court;

(B) A child may be [convicted] adjudicated as "delinquent" who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than (I) an infraction, except an infraction under subsection (d) of section 21a-267, (II) a violation, except a violation under subsection (a) of section 21a-279a, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, or (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) while sixteen years of age or older, violated conditions of probation supervision or probation with residential placement in a delinquency proceeding as ordered by the court;

[(5)] (3) "Family with service needs" means a family that includes a child who is at least seven years of age and is under eighteen years of age who (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's [or youth's] parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child;

[(6)] (4) A child [or youth] may be found "neglected" who, for reasons other than being impoverished, (A) has been abandoned, (B) is being denied proper care and attention, physically, educationally, emotionally or morally, or (C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child; [or youth;]

[(7)] (5) A child [or youth] may be found "abused" who (A) has been inflicted with physical injury or injuries other than by accidental means, (B) has injuries that are at variance with the history given of them, or (C) is in a condition that is the result of maltreatment, including, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment;

[(8)] (6) A child [or youth] may be found "uncared for" (A) who is homeless, (B) whose home cannot provide the specialized care that the physical, emotional or mental condition of the child [or youth] requires, or (C) who has been identified as a victim of trafficking, as defined in section 46a-170. For the purposes of this section, the treatment of any child [or youth] by an accredited Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute neglect or maltreatment;

[(9)] (7) "Delinquent act" means (A) the violation by a child under the age of sixteen of any federal or state law, except the violation of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the violation of a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, except an infraction under subsection (d) of section 21a-267, (ii) a violation, except a violation under subsection (a) of section 21a-279a, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, or (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child has notice, (D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, except as provided in section 46b-148, or (E) the violation of conditions of probation supervision or probation with residential placement in a delinquency proceeding by a child, including a child who has attained the age of eighteen, as ordered by the court;

[(10)] (8) "Serious juvenile offense" means (A) the violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) running away, without just cause, from any secure placement other than home while referred as a delinquent child to the Court Support Services Division or committed as a delinquent child to the Commissioner of Children and Families for a serious juvenile offense;

[(11)] (9) "Serious juvenile offender" means any child [convicted] adjudicated as delinquent for the commission of a serious juvenile offense;

[(12) "Serious juvenile repeat offender" means any child charged with the commission of any felony if such child has previously been convicted as delinquent or otherwise convicted at any age for two violations of any provision of title 21a, 29, 53 or 53a that is designated as a felony;]

[(13)] (10) "Alcohol-dependent" means a psychoactive substance dependence on alcohol as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders"; and

[(14)] (11) "Drug-dependent" means a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders". No child shall be classified as drug-dependent who is dependent (A) upon a morphine-type substance as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or (B) upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant substances as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence; [.]

(12) "Probation supervision" means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time and upon such terms as the court determines;

(13) "Probation supervision with residential placement" means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time, upon such terms as the court determines, that includes a period of placement in a secure or staff-secure residential treatment facility, as ordered by the court, and a period of supervision in the community;

(14) "Risk and needs assessment" means a standardized tool that assists juvenile probation officers in collecting and synthesizing information about a child to estimate the child's risk of recidivating and identify other factors that, if treated and changed, can reduce the child's likelihood of reoffending and provides a guide for intervention planning;

(15) "Secure-residential facility" means a hardware-secured residential facility that provides residential treatment in a controlled and restrictive manner; and

(16) "Staff-secure residential facility" means a residential facility that provides residential treatment for children in a structured setting where the children are monitored by staff.

Sec. 11. Subdivision (5) of section 46b-120 of the general statutes, as amended by section 146 of public act 17-2 of the June special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):

[(5)] (3) "Family with service needs" means a family that includes a child who is at least seven years of age and is under eighteen years of age who, according to a petition lawfully filed on or before June 30, 2019, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's [or youth's] parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child; [or youth.]

Sec. 12. Section 46b-121 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) (1) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or abused children [and youths] within this state, termination of parental rights of children committed to a state agency, adoption proceedings pursuant to section 46b-129b, matters concerning families with service needs, contested matters involving termination of parental rights or removal of guardian transferred from the Probate Court and the emancipation of minors, but does not include matters of guardianship and adoption or matters affecting property rights of any child [or youth] over which the Probate Court has jurisdiction, except that appeals from probate concerning adoption, termination of parental rights and removal of a parent as guardian shall be included.

(2) (A) Juvenile matters in the criminal session include all proceedings concerning delinquent children within this state and persons eighteen years of age and older who are under the supervision of a juvenile probation officer while on probation [or a suspended commitment to the Department of Children and Families] supervision or probation with residential placement, for purposes of enforcing any court orders entered as part of such probation. [or suspended commitment.]

(B) A juvenile who has been placed on probation supervision is subject to the continuing jurisdiction of the court and may be subject to other reasonable court-ordered restrictions or conditions and required to participate in a variety of appropriate programmatic services.

(C) A juvenile who has been placed on probation supervision with residential placement is subject to the continuing jurisdiction of the court and may be subject to other reasonable court-ordered restrictions or conditions and required to participate in a variety of appropriate programmatic services.

(b) (1) In juvenile matters, the Superior Court shall have authority to make and enforce such orders directed to parents, including any person who acknowledges before the court paternity of a child born out of wedlock, guardians, custodians or other adult persons owing some legal duty to a child therein, as the court deems necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child subject to the court's jurisdiction or otherwise committed to or in the custody of the Commissioner of Children and Families. The Superior Court may order a local or regional board of education to provide to the court educational records of a child for the purpose of determining the need for services or placement of the child. In proceedings concerning a child charged with a delinquent act or with being from a family with service needs, records produced subject to such an order shall be maintained under seal by the court and shall be released only after a hearing or with the consent of the child. Educational records obtained pursuant to this section shall be used only for dispositional purposes. In addition, with respect to proceedings concerning delinquent children, the Superior Court shall have authority to make and enforce such orders as the court deems necessary or appropriate to provide individualized supervision, care, accountability and treatment to such child in a manner consistent with public safety, deter the child from the commission of further delinquent acts, ensure that the child is responsive to the court process, ensure that the safety of any other person will not be endangered and provide restitution to any victim. The Superior Court shall also have authority to grant and enforce temporary and permanent injunctive relief in all proceedings concerning juvenile matters.

(2) If any order for the payment of money is issued by the Superior Court, including any order assessing costs issued under section 46b-134, as amended by this act, or 46b-136, the collection of such money shall be made by the court, except orders for support of children committed to any state agency or department, which orders shall be made payable to and collected by the Department of Administrative Services. If the Superior Court after due diligence is unable to collect such moneys within six months, the court shall refer such case to the Department of Administrative Services for collection as a delinquent account. In juvenile matters, the Superior Court shall have authority to make and enforce orders directed to persons liable hereunder on petition of the Department of Administrative Services made to the court in the same manner as is provided in section 17b-745, in accordance with the provisions of section 17b-81 or 17b-223, subsection (b) of section 17b-179 or section 17a-90, 46b-129 or 46b-130, and all of the provisions of section 17b-745 shall be applicable to such proceedings. Any [judge hearing a juvenile matter may make any other order in connection therewith that a judge of the Superior Court is authorized to grant and such order shall have the same force and effect as any other order of the Superior Court. No commitment to the Department of Children and Families may be ordered or continued for a delinquent child who has attained the age of twenty. Notwithstanding the terms of any order in effect on October 1, 2011, any] commitment to the Department of Children and Families in a delinquency proceeding pursuant to this chapter prior to July 1, 2018, shall terminate not later than the date the child attains the age of twenty.

(3) In the enforcement of the court's orders, in connection with any juvenile matter, the court may issue process for the arrest of any person, compel attendance of witnesses and punish for contempt by a fine not exceeding one hundred dollars or imprisonment not exceeding six months.

Sec. 13. Section 46b-121h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

It is the intent of the General Assembly that the juvenile justice system provide individualized supervision, care, accountability and treatment in a manner consistent with public safety to those juveniles who violate the law. [The juvenile justice system shall also promote prevention efforts through the support of programs and services designed to meet the needs of juveniles charged with the commission of a delinquent act.] The goals of the juvenile justice system shall be to:

(1) Hold juveniles accountable for their unlawful behavior;

(2) Provide secure and therapeutic confinement to those juveniles who present a danger to the community;

(3) Adequately protect the community and juveniles;

(4) Provide programs and services that are community-based and [are provided] in close proximity to the juvenile's community;

(5) [Retain] Maintain and support juveniles within their homes whenever possible and appropriate;

(6) Base probation [treatment] case planning upon individual [case management plans] risks and needs;

(7) Include the juvenile's family in [the] case [management plan] planning;

(8) Provide supervision and service coordination where appropriate and implement and monitor the case [management] plan in order to discourage reoffending;

(9) Provide follow-up and [nonresidential postrelease] community-based services to juveniles who are returned to their families or communities;

(10) Promote the development and implementation of community-based programs [including, but not limited to, mental health services,] designed to prevent [unlawful behavior] reoffending and to effectively minimize the depth and duration of the juvenile's involvement in the juvenile justice system; and

(11) Create and maintain programs for [juvenile offenders that are gender specific in that they comprehensively address the unique needs of a targeted gender group] juveniles that (A) are developmentally appropriate and gender responsive, and (B) incorporate restorative principles and practices.

Sec. 14. Section 46b-121k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) (1) The Judicial Branch shall develop [constructive programs for the prevention and reduction of delinquency and crime among juvenile offenders. To develop such programs, the executive director of the Court Support Services Division within the Judicial Branch shall cooperate with other agencies to encourage the establishment of new programs and to provide a continuum of services for juvenile offenders who do not require secure placement, including, but not limited to, juveniles classified pursuant to the risk assessment instrument described in section 46b-121i, as those who may be released with structured supervision and those who may be released without supervision. When appropriate, the Judicial Branch shall coordinate such programs with the Department of Children and Families and the Department of Mental Health and Addiction Services] a continuum of community-based programs for the reduction of delinquency among juveniles. When appropriate, the Judicial Branch shall coordinate such programs with the Department of Children and Families, the Department of Education, the Department of Mental Health and Addiction Services, the Department of Social Services and the Department of Developmental Services, and any other agencies as necessary.

[(2) The programs shall be tailored to the type of juvenile, including the juvenile's offense history, age, maturity and social development, gender, mental health, alcohol dependency or drug dependency, need for structured supervision and other characteristics, and shall be culturally appropriate, trauma-informed and provided in the least restrictive environment possible in a manner consistent with public safety. The Judicial Branch shall develop programs that provide: (A) Intensive general education, with an individualized remediation plan for each juvenile; (B) appropriate job training and employment opportunities; (C) counseling sessions in anger management and nonviolent conflict resolution; (D) treatment and prevention programs for alcohol dependency and drug dependency; (E) mental health screening, assessment and treatment; (F) sexual offender treatment; and (G) services for families of juveniles.

(b) The Judicial Branch may contract to establish regional secure residential facilities and regional highly supervised residential and nonresidential facilities for juveniles referred by the court. Such facilities shall operate within contracted-for capacity limits. Such facilities shall be exempt from the licensing requirements of section 17a-145.

(c) The Judicial Branch shall collaborate with private residential facilities providing residential programs and with community-based nonresidential postrelease programs.

(d) The Judicial Branch, as part of a publicly bid contract for an alternative incarceration program, may include a requirement that the contractor provide for space necessary for juvenile probation offices and other staff of the Court Support Services Division to perform their duties.

(e) Any program developed by the Judicial Branch that is designed to prevent or reduce delinquency and crime among juvenile offenders shall be gender specific, as necessary, and shall comprehensively address the unique needs of a targeted gender group.]

(2) The continuum of community-based programs shall be designed to address the individual risks and needs of juveniles, shall have the capacity to take into account each juvenile's history, age, maturity and social development, gender, mental health, alcohol or drug use, need for structured supervision and other characteristics, and shall be culturally appropriate, trauma-informed and provided in the least restrictive environment possible in a manner consistent with public safety. The Judicial Branch shall develop programs that provide research and evidence-based skills-training and assistance to promote independent living skills, positive activities and social connections in the juveniles' home communities and to address: (A) Anti-sociality, impulse control and behavioral problems; (B) anger management and nonviolent conflict resolution; (C) alcohol and drug use and dependency; (D) mental health needs; (E) inappropriate sexual behavior; (F) family engagement; (G) academic disengagement; and (H) technical and vocational training needs.

(b) The Judicial Branch may contract to establish secure and staff-secure residential facilities for juveniles referred by the court. Such facilities shall comply with any and all contractual provisions. Such facilities shall be exempt from the licensing requirements of section 17a-145.

(c) The Judicial Branch, as part of a publicly bid contract, may include a requirement that the contractor provide for space necessary for juvenile probation offices and other staff of the Court Support Services Division to perform their duties.

(d) Any program developed by the Judicial Branch that is designed to prevent or reduce delinquency and crime among juveniles shall be gender responsive.

[(f)] (e) The Judicial Branch shall consult with the Commission on Racial and Ethnic Disparity in the Criminal Justice System established pursuant to section 51-10c to address the needs of minorities in the juvenile justice system.

Sec. 15. Section 46b-124 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) For the purposes of this section, "records of cases of juvenile matters" includes, but is not limited to, court records, records regarding juveniles maintained by the Court Support Services Division, records regarding juveniles maintained by an organization or agency that has contracted with the Judicial Branch to provide services to juveniles, records of law enforcement agencies including fingerprints, photographs and physical descriptions, and medical, psychological, psychiatric and social welfare studies and reports by juvenile probation officers, public or private institutions, social agencies and clinics.

(b) All records of cases of juvenile matters, as provided in section 46b-121, as amended by this act, except delinquency proceedings, or any part thereof, and all records of appeals from probate brought to the superior court for juvenile matters pursuant to section 45a-186, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to any third party, including bona fide researchers commissioned by a state agency, only upon order of the Superior Court, except that: (1) Such records shall be available to (A) the attorney representing the child, [or youth,] including the Division of Public Defender Services, in any proceeding in which such records are relevant, (B) the parents or guardian of the child [or youth] until such time as the child [or youth] reaches the age of majority or becomes emancipated, (C) an adult adopted person in accordance with the provisions of sections 45a-736, 45a-737 and 45a-743 to 45a-757, inclusive, (D) employees of the Division of Criminal Justice who, in the performance of their duties, require access to such records, (E) employees of the Judicial Branch who, in the performance of their duties, require access to such records, (F) another court under the provisions of subsection (d) of section 46b-115j, (G) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority or has been emancipated, (H) the Department of Children and Families, (I) the employees of the Division of Public Defender Services who, in the performance of their duties related to Division of Public Defender Services assigned counsel, require access to such records, and (J) judges and employees of the Probate Court who, in the performance of their duties, require access to such records; and (2) all or part of the records concerning a youth in crisis with respect to whom a court order was issued prior to January 1, 2010, may be made available to the Department of Motor Vehicles, provided such records are relevant to such order. Any records of cases of juvenile matters, or any part thereof, provided to any persons, governmental or private agencies, or institutions pursuant to this section shall not be disclosed, directly or indirectly, to any third party not specified in subsection (d) of this section, except as provided by court order, in the report required under section 54-76d or 54-91a or as otherwise provided by law.

(c) All records of cases of juvenile matters involving delinquency proceedings, or any part thereof, shall be confidential and for the use of the court in juvenile matters and shall not be disclosed except as provided in this section and section 46b-124a.

(d) Records of cases of juvenile matters involving delinquency proceedings shall be available to (1) Judicial Branch employees who, in the performance of their duties, require access to such records, (2) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (3) employees and authorized agents of state or federal agencies involved in (A) the delinquency proceedings, (B) the provision of services directly to the child, [(C) the design and delivery of treatment programs pursuant to section 46b-121j, or (D)] or (C) the delivery of court diversionary programs. Such employees and authorized agents include, but are not limited to, law enforcement officials, community-based youth service bureau officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials including officials of both the regular criminal docket and the docket for juvenile matters and officials of the Division of Criminal Justice, the Division of Public Defender Services, [the Department of Children and Families,] the Court Support Services Division and agencies under contract with the Judicial Branch. Such records shall also be available to (i) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (ii) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (iii) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority, (iv) law enforcement officials and prosecutorial officials conducting legitimate criminal investigations, (v) a state or federal agency providing services related to the collection of moneys due or funding to support the service needs of eligible juveniles, provided such disclosure shall be limited to that information necessary for the collection of and application for such moneys, and (vi) members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been convicted of a crime in the regular criminal docket of the Superior Court and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release. Records disclosed pursuant to this subsection shall not be further disclosed, except that information contained in such records may be disclosed in connection with bail or sentencing reports in open court during criminal proceedings involving the subject of such information, or as otherwise provided by law.

(e) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, may be disclosed upon order of the court to any person who has a legitimate interest in the information and is identified in such order. Records disclosed pursuant to this subsection shall not be further disclosed, except as specifically authorized by a subsequent order of the court.

(f) Information concerning a child who is the subject of an order to take such child into custody or other process that has been entered into a central computer system pursuant to subsection (i) of section 46b-133 may be disclosed to employees and authorized agents of the Judicial Branch, law enforcement agencies and the Department of Children and Families in accordance with policies and procedures established by the Chief Court Administrator.

(g) Information concerning a child who has escaped from, or failed to return from an authorized leave to a detention center or [from a facility to] a secure or staff-secure residential treatment facility in which the child has been [committed] placed by the court or for whom an arrest warrant has been issued with respect to the commission of a felony may be disclosed by law enforcement officials.

(h) Nothing in this section shall be construed to prohibit any person employed by the Judicial Branch from disclosing any records, information or files in such employee's possession to any person employed by the Division of Criminal Justice as a prosecutorial official, inspector or investigator who, in the performance of his or her duties, requests such records, information or files, or to prohibit any such employee of said division from disclosing any records, information or files in such employee's possession to any such employee of the Judicial Branch who, in the performance of his or her duties, requests such records, information or files.

(i) Nothing in this section shall be construed to prohibit a party from making a timely objection to the admissibility of evidence consisting of records of cases of juvenile matters, or any part thereof, in any Superior Court or Probate Court proceeding, or from making a timely motion to seal any such record pursuant to the rules of the Superior Court or the rules of procedure adopted under section 45a-78.

(j) A state's attorney shall disclose to the defendant or such defendant's counsel in a criminal prosecution, without the necessity of a court order, exculpatory information and material contained in any record disclosed to such state's attorney pursuant to this section and may disclose, without a court order, information and material contained in any such record which could be the subject of a disclosure order.

(k) (1) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any mental health screening or assessment of such child, during the provision of services pursuant to subsection (b) of section 46b-149, or during the performance of an educational evaluation pursuant to subsection (e) of section 46b-149, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity providing such services or performing such screening, assessment or evaluation. Such information may be further disclosed only for the purposes of any court-ordered evaluation or treatment of the child or provision of services to the child, or pursuant to sections 17a-101 to 17a-101e, inclusive, 17b-450, 17b-451 or 51-36a. Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(2) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention risk screening of such child shall be used solely for determining the child's risk to public safety as required by subsection (e) of section 46b-133, as amended by this act. The information obtained and results of the detention risk screening shall be used for the purpose of making a recommendation to the court regarding the detention of the child and shall otherwise be confidential and retained in the files of the person performing such screening, but shall be disclosed to any attorney of record upon motion and order of the court. Any information and results disclosed upon such motion and order shall be available to any attorney of record for such case. Such information and results shall otherwise not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(l) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, containing information that a child has been [convicted] adjudicated as delinquent for a violation of subdivision (e) of section 1-1h, subsection (c) of section 14-147, subsection (a) of section 14-215, section 14-222, subsection (b) of section 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, section 14-227g, subsection (d) of section 21a-267, section 21a-279a, section 30-88a or subsection (b) of section 30-89, shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether administrative sanctions regarding such child's motor vehicle operator's license are warranted. Records disclosed pursuant to this subsection shall not be further disclosed.

(m) Records of cases of juvenile matters involving adoption proceedings, or any part thereof, shall be confidential and may only be disclosed pursuant to sections 45a-743 to 45a-757, inclusive.

(n) Records of cases of juvenile matters involving delinquency proceedings shall be available to a victim of the delinquent act in accordance with the provisions of section 46b-124a.

Sec. 16. Section 46b-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

[(a) All persons employed as full-time juvenile probation officers in service in this state on January 1, 1941, and appointed without examination in the first instance juvenile probation officers of this court, shall retain full rights in any pension system or retirement fund in which they participated or to which they contributed.

(b) Probation] Juvenile probation officers shall make [such] investigations and submit reports [as the court directs or the law requires] and recommendations to the court, including predispositional studies in accordance with section 46b-134, as amended by this act. Juvenile probation officers shall provide supervision and make referrals to preadjudication and postadjudication services based on the juvenile's risks and needs, as determined by the risk and needs assessment. Probation officers shall work collaboratively with treatment providers to ensure programs and services are adequately addressing the needs of juveniles under supervision. They shall execute the orders of the court; and, for that purpose, such probation officers, and any other employees specifically designated by the court to assist the probation officers in the enforcement of such orders, shall have the authority of a state marshal. They shall [preserve a record] keep complete records of all cases investigated or coming under their care, and shall keep informed concerning the conduct and condition of each [person] juvenile placed under supervision and report thereon to the court as it may direct. Any juvenile probation officer authorized by the Office of the Chief Court Administrator [, and any juvenile matters investigator authorized by the Office of the Chief State's Attorney,] may arrest any juvenile on probation without a warrant or may deputize any other officer with power to arrest to do so by giving such officer a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer, [or juvenile matters investigator,] violated the conditions of the juvenile's probation. When executing such orders of the court, except when using deadly physical force, juvenile probation officers and juvenile matters investigators shall be deemed to be acting in the capacity of a peace officer, as defined in subdivision (9) of section 53a-3.

Sec. 17. Subsection (a) of section 46b-128 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Whenever the Superior Court is in receipt of any written complaint filed by any person, any public or private agency or any federal, state, city or town department maintaining that a child's conduct constitutes delinquency within the meaning of section 46b-120, as amended by this act, it shall make a preliminary investigation to determine whether the facts, if true, would be sufficient to be a juvenile matter and whether the interests of the public or the child require that further action be taken. If so, the court may authorize the filing of a verified petition of alleged delinquency or it may make without such petition whatever nonjudicial disposition is practicable, including the ordering of such child to do work of which he is capable in public buildings or on public property, particularly in cases in which the complaint alleges that the conduct of such child resulted in the wilful destruction of property, provided the facts establishing jurisdiction are admitted and that a competent acceptance of such a disposition has been given by the child and his parent or guardian. If a nonjudicial disposition is made, the term of any nonjudicial supervision shall be established by the juvenile probation supervisor or such supervisor's designee provided such period of supervision shall not exceed one hundred eighty days. Each verified petition of delinquency filed by the court shall set forth plainly (1) the facts which bring the child within the jurisdiction of the court, (2) the name, date of birth, sex and residence of the child, (3) the names and residence of his parent or parents, guardian or other person having control of the child, and (4) a prayer for appropriate action by the court in conformity with the provisions of this chapter.

Sec. 18. Subsections (d) to (f), inclusive, of section 46b-133 of the 2018 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(d) [(1)] When a child is arrested for the commission of a delinquent act and the child is not placed in detention or referred to a diversionary program, an officer shall serve a written complaint and summons on the child and the child's parent, guardian or some other suitable person or agency. If such child is released to the child's own custody, the officer shall make reasonable efforts to notify, and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons. If any person so summoned wilfully fails to appear in court at the time and place so specified, the court may issue a warrant for the child's arrest or a capias to assure the appearance in court of such parent, guardian or other person. If a child wilfully fails to appear in response to such a summons, the court may order such child taken into custody and such child may be charged with the delinquent act of wilful failure to appear under section 46b-120, as amended by this act. The court may punish for contempt, as provided in section 46b-121, as amended by this act, any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified.

[(2) Upon the arrest of any youth by an officer for a violation of section 53a-82, such officer shall report suspected abuse or neglect to the Department of Children and Families in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.]

(e) When a child is arrested for the commission of a delinquent act and is placed in detention pursuant to subsection (c) of this section, such child may be detained pending a hearing which shall be held on the business day next following the child's arrest. No child may be detained after such hearing unless the court determines, based on the available facts, that (1) there is probable cause to believe that the child has committed the acts alleged, (2) there is no less restrictive alternative available, and (3) through the use of the detention risk [assessment] screening instrument developed pursuant to section 46b-133g, as amended by this act, that there is (A) probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition; (B) a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process, or (C) a need to hold the child for another jurisdiction. Such probable cause may be shown by sworn affidavit in lieu of testimony. No child shall be released from detention who is alleged to have committed a serious juvenile offense except by order of a judge of the Superior Court. The court may, in its discretion, consider as an alternative to detention a suspended detention order with graduated sanctions to be imposed based on the detention risk [assessment] screening for such child, using the instrument developed pursuant to section 46b-133g, as amended by this act. Any child confined in a community correctional center or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement. When a female child is held in custody, she shall, as far as possible, be in the charge of a woman attendant.

(f) The police officer who brings a child into detention shall have first notified, or made a reasonable effort to notify, the parents or guardian of the child in question of the intended action and shall file at the detention center a signed statement setting forth the alleged delinquent conduct of the child and the order to detain such child. Upon admission, the child shall be administered the detention risk [assessment] screening instrument developed pursuant to section 46b-133g, as amended by this act, and unless the child was arrested for a serious juvenile offense or unless an order not to release is noted on the take into custody order, arrest warrant or order to detain, the child may be released to the custody of the child's parent or parents, guardian or some other suitable person or agency in accordance with policies adopted by the Court Support Services Division of the Judicial Department pursuant to section 46b-133h.

Sec. 19. Section 46b-133g of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall develop and implement a detention risk [assessment] screening instrument to be used to determine, based on the risk level, whether there is: (1) Probable cause to believe that a child will pose a risk to public safety if released to the community prior to the court hearing or disposition, or (2) a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process. Such instrument shall be used when assessing whether a child should be detained pursuant to section 46b-133, as amended by this act. Any detention risk screening shall be subject to the protections of subsection (k) of section 46b-124, as amended by this act.

(b) When a child is presented before the court and it appears from the available facts there is probable cause to believe the child has violated a valid court order, the court, after administering the detention risk [assessment] screening instrument, may order the child to participate in nonresidential programs for intensive wraparound services, community-based residential services for short-term respite or other services and interventions the court deems appropriate.

Sec. 20. Section 46b-134 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

Prior to the disposition of the case of any child [convicted of a] adjudicated as delinquent, [act,] investigation shall be made of the facts as specified in this section by the probation officer, and until such investigation has been completed and the results thereof placed before the judge, no disposition of the child's case shall be made. Such investigation shall consist of an examination of the parentage and surroundings of the child and the child's age, habits and history, and shall include also an inquiry into the home conditions, habits and character of the child's parents or guardians. Such investigation shall include an inquiry into the circumstances of the offense, the attitude of the complainant or victim, the criminal record, the present condition of the child and any damages suffered by the victim including medical expenses, loss of earnings and property loss. If the child is or legally should be in attendance at school, such investigation shall further contain a report of the child's school attendance, adjustment and behavior, the child's individualized education program if the child has been identified pursuant to sections 10-76a to 10-76gg, inclusive, as requiring special education and related services and any recommendations from school officials on conditions of probation if the child is placed on probation pursuant to section 46b-140, as amended by this act, which shall be furnished by the school officials to the court upon its request. The court shall, when it is found necessary to the disposition, cause a complete physical or mental examination, or both, to be made of the child by persons professionally qualified to do so. Such examination may include testing to determine whether the child is alcohol-dependent or drug-dependent as defined in section 46b-120, as amended by this act. If the court causes a complete physical or mental examination, or both, to be made of a child whose parents, guardian or custodian is found able to pay in whole or in part the cost thereof, it shall assess as costs against such parents, guardian or custodian, including any agency vested with the legal custody of the child, the expense so incurred and paid for by the court in having such examination performed, to the extent of their financial ability to do so. Prior to the disposition of the case of any child [convicted of a] adjudicated as delinquent, [act,] the court may cause a complete diagnostic examination to be made, unless such information is otherwise available. Such information shall include physical and psychological diagnoses and may include medical, psychiatric, neurological, learning disability diagnoses and such other diagnoses as the court deems necessary. [If such child is committed to the Department of Children and Families, such information shall be shared with the Department of Children and Families.]

Sec. 21. Section 46b-140 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) In determining the appropriate disposition of a child [convicted] adjudicated as delinquent, the court shall consider: (1) The child's age and intellectual, cognitive and emotional development; (2) the seriousness of the offense, including [the existence of] any aggravating [factors such as the use of a firearm in the commission of the offense and] or mitigating factor; (3) the impact of the offense on any victim; [(2)] (4) the child's record of delinquency; [(3)] (5) the child's willingness to participate in available programs; [(4) the existence of other mitigating factors; and (5) the culpability of the child in committing the offense including the level of the child's participation in the planning and carrying out of the offense] (6) the child's prior involvement with the Department of Children and Families as a committed delinquent; (7) the child's prior involvement with juvenile probation; (8) the child's history of participation in and engagement with programming and service interventions; (9) the identified services, programs and interventions that will best address the child's needs and risk of reoffending, as indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence; and (10) the level of supervision indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence.

(b) Upon [conviction] adjudication of a child as delinquent, the court: (1) May (A) [order the child to participate in an alternative incarceration program; (B) order the child to participate in a program at a wilderness school facility operated by the Department of Children and Families; (C) order the child to participate in a youth service bureau program; (D) place the child on probation; (E) order the child or the parents or guardian of the child, or both, to make restitution to the victim of the offense in accordance with subsection (d) of this section; (F) order the child to participate in a program of community service in accordance with subsection (e) of this section; or (G) withhold or suspend execution of any judgment; and (2) shall impose the penalty established in subsection (b) of section 30-89 for any violation of said subsection (b)] discharge the child from the court's jurisdiction with or without a warning; (B) place the child on probation supervision for a period not to exceed eighteen months, which may be extended in accordance with section 46b-140a, as amended by this act, by not more than twelve months, for a total supervision period not to exceed thirty months; or (C) place the child on probation supervision with residential placement, for a period not to exceed eighteen months, which may be extended in accordance with section 46b-140a, as amended by this act, by not more than twelve months, for a total supervision period not to exceed thirty months.

(c) [The court may order, as a condition of probation, that the child (1) reside with a parent, relative or guardian or in a suitable foster home or other residence approved by the court, (2) attend school and class on a regular basis and comply with school policies on student conduct and discipline, (3) refrain from violating any federal or state law or municipal or local ordinance, (4) undergo any medical or psychiatric evaluation or treatment deemed necessary by the court, (5) submit to random drug or alcohol testing, or both, (6) participate in a program of alcohol or drug treatment, or both, (7) make restitution to the victim of the offense in accordance with subsection (d) of this section, (8) participate in an alternative incarceration program or other program established through the Court Support Services Division, (9) participate in a program of community service, and (10) satisfy any other conditions deemed appropriate by the court] As a condition of probation supervision or probation supervision with residential placement, the court may order that the child: (1) Participate in a youth service bureau program; (2) reside with a parent, relative or guardian or in a suitable foster home or other residence approved by the court; (3) attend school and class on a regular basis and comply with school policies on student conduct and discipline; (4) refrain from violating any federal or state law or municipal or local ordinance; (5) undergo any medical or psychiatric evaluation or treatment deemed necessary by the court; (6) submit to random drug or alcohol testing, or both; (7) participate in a program of alcohol or drug treatment, or both; (8) participate in a program of community service; (9) obtain technical or vocational training, or both; (10) make a good faith effort to obtain and maintain employment; (11) be placed in an appropriate residential facility in accordance with subsection (f) of this section; and (12) satisfy any other conditions deemed appropriate by the court. The court may also order as a condition of probation supervision or probation supervision with residential placement that the child or the parents or guardian of the child, or both, make restitution to the victim of the offense in accordance with subsection (d) of this section. The court shall cause a copy of any such order to be delivered to the child, the child's parents or guardian and the child's probation officer. If the child is [convicted] adjudicated as delinquent for a violation of section 53-247, the court may order, as a condition of probation supervision or probation supervision with residential placement, that the child undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the child.

(d) If the child has engaged in conduct which results in property damage or personal injury, the court may order the child or the parent or parents or guardian of the child, if such parent or parents or guardian had knowledge of and condoned the conduct of the child, or both the child and the parent or parents or guardian, to make restitution to the victim of such offense, provided the liability of such parent or parents or guardian shall be limited to an amount not exceeding the amount such parent or parents or guardian would be liable for in an action under section 52-572. Restitution may consist of monetary reimbursement for the damage or injury, based on the child's or the parent's, parents' or guardian's ability to pay, as the case may be, in the form of a lump sum or installment payments, paid to the court clerk or such other official designated by the court for distribution to the victim.

(e) The court may order the child to participate in a program of community service under the supervision of the court or any organization designated by the court. Such child shall not be deemed to be an employee and the services of such child shall not be deemed employment.

[(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, there shall be delivered with the mittimus a copy of the results of the investigations made as required by section 46b-134.]

(f) At any time during a period of probation supervision or probation supervision with residential placement, the court may authorize the child's probation officer to convene a case review team meeting with the child and the child's attorney on any case that is being considered for residential placement or that is complex and could benefit from a multi-systemic approach. The juvenile probation supervisor and juvenile probation officer shall facilitate the meeting, which may also include the following participants: (1) The child's family; (2) the state's attorney; (3) school officials; (4) treatment providers; and (5) representatives from other state agencies, as deemed appropriate. Any recommendations to modify conditions of probation supervision, including residential placement, shall be presented to the court for consideration and approval.

(g) A child adjudicated as delinquent shall not be placed on probation supervision with residential placement in a secure or staff-secure facility unless a current predispositional study has been completed and reviewed by the court and: (1) Such placement is indicated by the child's clinical and behavioral needs; or (2) the level of risk the child poses to public safety cannot be managed in a less restrictive setting. The court shall consider all relevant reports, evaluations and studies proffered or admitted as evidence. The child's length of stay in a residential facility shall be dependent on the child's treatment progress and attainment of treatment goals.

(h) The court may, at any time, require from the [department] Department of Children and Families in whose care a child has been placed [such] a 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 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, as determined by the Commissioner of Children and Families. 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, 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 and, after consultation with said department, the court may order that the child be placed directly in a residential facility within this state and under contract with said department, or (2) committed to the Commissioner of Children and Families for placement by the commissioner, in said commissioner's discretion, (A) with respect to the juvenile offenders determined by the Department of Children and Families to be the highest risk, in the Connecticut Juvenile Training School, if the juvenile offender is a male, or in another 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 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) 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 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 shall review such information to determine the appropriate services and placement which will be in the best interest of the child.]

Sec. 22. Section 46b-140a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) At any time during the period of probation [or suspended commitment] supervision or probation supervision with residential placement, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period of probation supervision or probation supervision with residential placement by not more than twelve months, for a total maximum supervision period not to exceed thirty months, as deemed appropriate by the court. The court shall cause a copy of any such order to be delivered to the child [or youth] and to such child's [or youth's] parent or guardian and probation officer.

[(b) The period of participation in an alternative incarceration program, as a condition of probation or suspended commitment, unless terminated sooner, shall not exceed the original period of probation or suspended commitment.]

(b) During any period of probation supervision or probation supervision with residential placement the court may convene a probation status review hearing. A probation officer may file an ex parte request for a probation status review hearing with the clerk of the court, regardless of whether a new offense or violation has been filed. If the court finds that the ex-parte request is in the child's or the public's best interest, the court may grant the ex-parte request and convene a probation status review hearing within seven days. The probation officer shall inform the child and parent or legal guardian of the scheduled court date and time. The child shall be represented by counsel at the hearing. If the child or the child's parents or guardian do not appear at the hearing, absent actual or in-hand service of the notice, the failure to appear at the hearing shall not be deemed wilful. The court may continue the hearing to a future date and order that the child and the child's parents or guardian be served with notice to appear in court in the manner prescribed by section 46b-128, as amended by this act. By agreement of the parties or at the conclusion of an evidentiary hearing, the court may modify or enlarge the conditions of probation, and if appropriate, the court may order that the child be placed in a secure or staff-secure residential facility, provided no child shall be ordered to be placed in a secure or staff-secure residential facility unless such placement is indicated by the child's clinical and behavioral needs or the level of risk the child poses to public safety cannot be managed in a less restrictive setting.

(c) At any time during the period of probation [or suspended commitment] supervision or probation supervision with residential placement, the court may issue a warrant for the arrest of a child [or youth] for violation of any of the conditions of probation [or suspended commitment] supervision or probation supervision with residential placement, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the child. [or youth.] Any such warrant shall authorize all officers named therein to return the child [or youth] to the custody of the court or to any suitable juvenile detention facility designated by the court in accordance with subsection (e) of section 46b-133, as amended by this act.

(d) If [such] a violation of probation supervision or probation supervision with residential placement is established, the court may continue or revoke the order of probation [or suspended commitment] supervision or probation supervision with residential placement or modify or enlarge the conditions [and, if such order of probation or suspended commitment is revoked, require the child or youth to serve the commitment imposed or impose any lesser commitment. No such revocation shall be ordered, except upon consideration of the whole record and unless such violation is established by reliable and probative evidence] of probation supervision or probation supervision with residential placement in accordance with section 46b-140, as amended by this act.

[(e) Upon a determination by the court that a child or youth has violated probation by failing to comply with the requirements of electronic monitoring, the Court Support Services Division shall notify the local law enforcement agency of such violation.]

Sec. 23. Section 46b-141d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

Any child who is arrested and held in a detention center, an alternative detention center or a police station or courthouse lockup prior to the disposition of a juvenile matter shall, if subsequently [convicted] adjudicated as delinquent by the Superior Court and sentenced to a period of probation supervision or probation supervision with residential placement, earn a reduction of such child's period of probation supervision or probation supervision with residential placement, including any extensions thereof, equal to the number of days that such child spent in such detention center or lockup.

Sec. 24. Subsection (g) of section 10-253 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(g) (1) For purposes of this subsection, "juvenile detention facility" means a juvenile detention facility operated by, or under contract with, the Judicial Department, and "juvenile residential facility" means a juvenile residential facility operated by, or under contract with the Judicial Department.

(2) The local or regional board of education for the school district in which a juvenile detention facility or juvenile residential facility is located shall be responsible for the provision of general education and special education and related services to children detained in such [facility] facilities. The provision of general education and special education and related services shall be in accordance with all applicable state and federal laws concerning the provision of educational services. Such board may provide such educational services directly or may contract with public or private educational service providers for the provision of such services. Tuition may be charged to the local or regional board of education under whose jurisdiction the child would otherwise be attending school for the provision of general education and special education and related services. Responsibility for the provision of educational services to the child shall begin on the date of the child's placement in the juvenile detention facility or juvenile residential facility and financial responsibility for the provision of such services shall begin upon the receipt by the child of such services.

(3) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile detention facility or juvenile residential facility is located shall be financially responsible for the tuition charged for the provision of educational services to the child in such juvenile detention facility or juvenile residential facility. The State Board of Education shall pay, on a current basis, any costs in excess of such local or regional board of education's prior year's average per pupil costs. If the local or regional board of education under whose jurisdiction the child would otherwise be attending school cannot be identified, the local or regional board of education for the school district in which the juvenile detention facility or juvenile residential facility is located shall be eligible to receive on a current basis from the State Board of Education any costs in excess of such local or regional board of education's prior year's average per pupil costs. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d.

(4) The local or regional board of education under whose jurisdiction the child would otherwise be attending school shall be financially responsible for the provision of educational services to the child placed in a juvenile detention facility or juvenile residential facility as provided in subdivision (3) of this subsection notwithstanding that the child has been suspended from school pursuant to section 10-233c, has been expelled from school pursuant to section 10-233d or has withdrawn, dropped out or otherwise terminated enrollment from school. Upon notification of such board of education by the educational services provider for the juvenile detention facility or juvenile residential facility, the child shall be reenrolled in the school district where the child would otherwise be attending school or, if no such district can be identified, in the school district in which the juvenile detention facility or juvenile residential facility is located, and provided with educational services in accordance with the provisions of this subsection.

(5) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile detention facility or juvenile residential facility is located shall be notified in writing by the Judicial Branch of the child's placement at the juvenile detention facility or juvenile residential facility not later than one business day after the child's placement, notwithstanding any provision of the general statutes to the contrary. The notification shall include the child's name and date of birth, the address of the child's parents or guardian, placement location and contact information, and such other information as is necessary to provide educational services to the child.

(6) Prior to the child's discharge from the juvenile detention facility or juvenile residential facility, an assessment of the school work completed by the child shall be conducted by the local or regional board of education responsible for the provision of educational services to children in the juvenile detention facility or juvenile residential facility to determine an assignment of academic credit for the work completed. Credit assigned shall be the credit of the local or regional board of education responsible for the provision of the educational services. Credit assigned for work completed by the child shall be accepted in transfer by the local or regional board of education for the school district in which the child continues his or her education after discharge from the juvenile detention facility or juvenile residential facility.

Sec. 25. Subsection (d) of section 4b-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(d) Notwithstanding any other statute or special act to the contrary, the Commissioner of Administrative Services shall be the sole person authorized to represent the state in its dealings with third parties for the construction, development, acquisition or leasing of real estate for housing the offices or equipment of all agencies of the state or for the state-owned public buildings or realty, as provided for in sections 2-90, 4b-1 to 4b-5, inclusive, 4b-21, 4b-23, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-71, 4b-72, 10-95, 10a-72, 10a-89, 10a-90, 10a-114, 10a-130, 10a-144, 17b-655, 22-64, 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d and 51-27f, except that (1) the Joint Committee on Legislative Management may represent the state in the planning and construction of the Legislative Office Building and related facilities, in Hartford; (2) the Chief Court Administrator may represent the state in providing for (A) space for the Court Support Services Division as part of a new or existing contract for an alternative incarceration program pursuant to section 54-103b or a program developed pursuant to section [46b-121i, 46b-121j,] 46b-121k, [or 46b-121l,] or (B) other real estate needs of the Judicial Branch when delegated authority to do so by the Commissioner of Administrative Services; (3) the board of trustees of a constituent unit of the state system of higher education may represent the state in the leasing of real estate for housing the offices or equipment of such constituent unit, provided no lease payments for such realty are made with funds generated from the general revenues of the state; (4) the Labor Commissioner may represent the state in the leasing of premises required for employment security operations as provided in subsection (c) of section 31-250; (5) the Commissioner of Developmental Services may represent the state in the leasing of residential property as part of the program developed pursuant to subsection (b) of section 17a-218, provided such residential property does not exceed two thousand five hundred square feet, for the community placement of persons eligible to receive residential services from the department; (6) the Commissioner of Mental Health and Addiction Services may represent the state in the leasing of residential units as part of a program developed pursuant to section 17a-455a, provided each such residential unit does not exceed two thousand five hundred square feet; and (7) the Connecticut Marketing Authority may represent the state in the leasing of land or markets under the control of the Connecticut Marketing Authority, and, except for the housing of offices or equipment in connection with the initial acquisition of an existing state mass transit system or the leasing of land by the Connecticut Marketing Authority for a term of one year or more in which cases the actions of the Department of Transportation and the Connecticut Marketing Authority shall be subject to the review and approval of the State Properties Review Board. The Commissioner of Administrative Services may establish and implement any procedures necessary for the commissioner to assume the commissioner's responsibilities as said sole bargaining agent for state realty acquisitions and shall perform the duties necessary to carry out such procedures. The Commissioner of Administrative Services may appoint, within the department's budget and subject to the provisions of chapter 67, such personnel deemed necessary by the commissioner to carry out the provisions of this section, including experts in real estate, construction operations, financing, banking, contracting, architecture and engineering. The Attorney General's office, at the request of the Commissioner of Administrative Services, shall assist the commissioner in contract negotiations regarding the purchase, lease or construction of real estate.

Sec. 26. Subsection (a) of section 46b-121k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) (1) The Judicial Branch shall develop constructive programs for the prevention and reduction of delinquency and crime among juvenile offenders. To develop such programs, the executive director of the Court Support Services Division within the Judicial Branch shall cooperate with other agencies to encourage the establishment of new programs and to provide a continuum of services for juvenile offenders who do not require secure placement, including, but not limited to, juveniles classified pursuant to the risk [assessment] screening instrument [described in section 46b-121i] developed pursuant to section 46b-133g, as amended by this act, as those who may be released with structured supervision and those who may be released without supervision. When appropriate, the Judicial Branch shall coordinate such programs with the Department of Children and Families and the Department of Mental Health and Addiction Services.

(2) The programs shall be tailored to the type of juvenile, including the juvenile's offense history, age, maturity and social development, gender, mental health, alcohol dependency or drug dependency, need for structured supervision and other characteristics, and shall be culturally appropriate, trauma-informed and provided in the least restrictive environment possible in a manner consistent with public safety. The Judicial Branch shall develop programs that provide: (A) Intensive general education, with an individualized remediation plan for each juvenile; (B) appropriate job training and employment opportunities; (C) counseling sessions in anger management and nonviolent conflict resolution; (D) treatment and prevention programs for alcohol dependency and drug dependency; (E) mental health screening, assessment and treatment; (F) sexual offender treatment; and (G) services for families of juveniles.

Sec. 27. Section 46b-145 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

No child shall be prosecuted for an offense before the regular criminal docket of the Superior Court except as provided in section 46b-127. [and subsection (f) of section 46b-133c.]

Sec. 28. Section 17a-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

Except as otherwise limited by subsection (i) of section 46b-140, [and subsection (a) of section 46b-141,] the Commissioner of Children and Families or the commissioner's designee may, when deemed in the best interests of a child committed to the custody of the commissioner as delinquent by the Superior Court, place such child on parole under such terms or conditions as the commissioner or the commissioner's designee deem to be in the best interests of such child. When in the opinion of the commissioner or the commissioner's designee it is no longer in the best interest of such child to remain on parole or when the child has violated a condition of aftercare, such child may be returned to any institution, resource or facility administered by or available to the Department of Children and Families, provided the child shall have a right to a hearing, not more than thirty days after the child's return to placement, pursuant to procedures adopted by the commissioner in accordance with sections 4-176e to 4-181a, inclusive.

Sec. 29. Subsection (d) of section 17a-10 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(d) If the Superior Court requests a report on any committed child, the commissioner shall be responsible for preparing and transmitting such report to the requesting court. Not more than sixty days nor less than thirty days prior to the expiration of the original commitment of any child to the department. [, the commissioner may file a motion for an extension of commitment pursuant to the provisions of section 46b-141.] If the commissioner, or the board of review pursuant to the provisions of section 17a-15, at any time during the commitment of any child, determines that termination of commitment of a child is in the best interest of such child, the commissioner or the board may terminate the commitment and such termination shall be effective without further action by the court.

Sec. 30. Subsection (g) of section 17a-28 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(g) The department shall disclose records, subject to subsections (b) and (c) of this section, without the consent of the person who is the subject of the record, to:

(1) The person named in the record or such person's authorized representative, provided such disclosure shall be limited to information (A) contained in the record about such person or about such person's biological or adoptive minor child, if such person's parental rights to such child have not been terminated; and (B) identifying an individual who reported abuse or neglect of the person, including any tape recording of an oral report pursuant to section 17a-103, if a court determines that there is reasonable cause to believe the reporter knowingly made a false report or that the interests of justice require disclosure;

(2) An employee of the department for any purpose reasonably related to the performance of such employee's duties;

(3) A guardian ad litem or attorney appointed to represent a child or youth in litigation affecting the best interests of the child or youth;

(4) An attorney representing a parent, guardian or child in a petition filed in the Superior Court pursuant to section 17a-112 or 46b-129, provided (A) if such records do not pertain to such attorney's client or such client's child, such records shall not be further disclosed to another individual or entity by such attorney except pursuant to the order of a court of competent jurisdiction, (B) if such records are confidential pursuant to federal law, such records shall not be disclosed to such attorney or such attorney's client unless such attorney or such attorney's client is otherwise entitled to such records, and (C) nothing in this subdivision shall limit the disclosure of records under subdivision (3) of this subsection;

(5) The Attorney General, any assistant attorney general or any other legal counsel retained to represent the department during the course of a legal proceeding involving the department or an employee of the department;

(6) The Child Advocate or the Child Advocate's designee;

(7) The Chief Public Defender or the Chief Public Defender's designee for purposes of ensuring competent representation by the attorneys with whom the Chief Public Defender contracts to provide legal and guardian ad litem services to the subjects of such records and for ensuring accurate payments for services rendered by such attorneys;

(8) The Chief State's Attorney or the Chief State's Attorney's designee for purposes of investigating or prosecuting (A) an allegation related to child abuse or neglect, (B) an allegation that an individual made a false report of suspected child abuse or neglect, or (C) an allegation that a mandated reporter failed to report suspected child abuse or neglect in accordance with section 17a-101a, provided such prosecuting authority shall have access to records of a child charged with the commission of a delinquent act, who is not being charged with an offense related to child abuse, only while the case is being prosecuted and after obtaining a release;

(9) A state or federal law enforcement officer, including a military law enforcement authority under the United States Department of Defense, for purposes of investigating (A) an allegation related to child abuse or neglect, (B) an allegation that an individual made a false report of suspected child abuse or neglect, or (C) an allegation that a mandated reporter failed to report suspected child abuse or neglect in accordance with section 17a-101a;

(10) A foster or prospective adoptive parent, if the records pertain to a child or youth currently placed with the foster or prospective adoptive parent, or a child or youth being considered for placement with the foster or prospective adoptive parent, and the records are necessary to address the social, medical, psychological or educational needs of the child or youth, provided no information identifying a biological parent is disclosed without the permission of such biological parent;

(11) The Governor, when requested in writing in the course of the Governor's official functions, the joint standing committee of the General Assembly having cognizance of matters relating to human services, the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary or the joint standing committee of the General Assembly having cognizance of matters relating to children, when requested in writing by any of such committees in the course of such committee's official functions, and upon a majority vote of such committee, provided no name or other identifying information is disclosed unless such information is essential to the gubernatorial or legislative purpose;

(12) The Office of Early Childhood for the purpose of (A) determining the suitability of a person to care for children in a facility licensed pursuant to section 19a-77, 19a-80 or 19a-87b; (B) determining the suitability of such person for licensure; (C) an investigation conducted pursuant to section 19a-80f; (D) notifying the office when the Department of Children and Families places an individual licensed or certified by the office on the child abuse and neglect registry pursuant to section 17a-101k; or (E) notifying the office when the Department of Children and Families possesses information regarding an office regulatory violation committed by an individual licensed or certified by the office;

(13) The Department of Developmental Services, to allow said department to determine eligibility, facilitate enrollment and plan for the provision of services to a child who is a client of said department and who is applying to enroll in or is enrolled in said department's behavioral services program. At the time that a parent or guardian completes an application for enrollment of a child in the Department of Developmental Services' behavioral services program, or at the time that said department updates a child's annual individualized plan of care, said department shall notify such parent or guardian that the Department of Children and Families may provide records to the Department of Developmental Services for the purposes specified in this subdivision without the consent of such parent or guardian;

(14) Any individual or entity for the purposes of identifying resources that will promote the permanency plan of a child or youth approved by the court pursuant to sections 17a-11, 17a-111b [,] and 46b-129; [and 46b-141;]

(15) A state agency that licenses or certifies a person to educate, care for or provide services to children or youths;

(16) A judge or employee of a Probate Court who requires access to such records in order to perform such judge's or employee's official duties;

(17) A judge of the Superior Court for purposes of determining the appropriate disposition of a child convicted as delinquent or a child who is a member of a family with service needs;

(18) A judge of the Superior Court in a criminal prosecution for purposes of in camera inspection whenever (A) the court has ordered that the record be provided to the court; or (B) a party to the proceeding has issued a subpoena for the record;

(19) A judge of the Superior Court and all necessary parties in a family violence proceeding when such records concern family violence with respect to the child who is the subject of the proceeding or the parent of such child who is the subject of the proceeding;

(20) The Auditors of Public Accounts, or their representative, provided no information identifying the subject of the record is disclosed unless such information is essential to an audit conducted pursuant to section 2-90;

(21) A local or regional board of education, provided the records are limited to educational records created or obtained by the state or Connecticut Unified School District #2, established pursuant to section 17a-37;

(22) The superintendent of schools for any school district for the purpose of determining the suitability of a person to be employed by the local or regional board of education for such school district pursuant to subsection (a) of section 10-221d;

(23) The Department of Motor Vehicles for the purpose of criminal history records checks pursuant to subsection (e) of section 14-44, provided information disclosed pursuant to this subdivision shall be limited to information included on the Department of Children and Families child abuse and neglect registry established pursuant to section 17a-101k, subject to the provisions of sections 17a-101g and 17a-101k concerning the nondisclosure of findings of responsibility for abuse and neglect;

(24) The Department of Mental Health and Addiction Services for the purpose of treatment planning for young adults who have transitioned from the care of the Department of Children and Families;

(25) The superintendent of a public school district or the executive director or other head of a public or private institution for children providing care for children or a private school (A) pursuant to sections 17a-11, 17a-101b, 17a-101c, 17a-101i, 17a-111b and [,] 46b-129, [and 46b-141,] or (B) when the Department of Children and Families places an individual employed by such institution or school on the child abuse and neglect registry pursuant to section 17a-101k;

(26) The Department of Social Services for the purpose of (A) determining the suitability of a person for payment from the Department of Social Services for providing child care; (B) promoting the health, safety and welfare of a child or youth receiving services from either department; or (C) investigating allegations of fraud provided no information identifying the subject of the record is disclosed unless such information is essential to any such investigation;

(27) The Court Support Services Division of the Judicial Branch, to allow the division to determine the supervision and treatment needs of a child or youth, and provide appropriate supervision and treatment services to such child or youth, provided such disclosure shall be limited to information that identifies the child or youth, or a member of such child's or youth's immediate family, as being or having been (A) committed to the custody of the Commissioner of Children and Families as delinquent, (B) under the supervision of the Commissioner of Children and Families, or (C) enrolled in the voluntary services program operated by the Department of Children and Families;

(28) The Court Support Services Division of the Judicial Branch for the purpose of sharing common case records to track recidivism of juvenile offenders;

(29) The birth-to-three program's referral intake office for the purpose of (A) determining eligibility of, (B) facilitating enrollment for, and (C) providing services to (i) substantiated victims of child abuse and neglect with suspected developmental delays, and (ii) newborns impacted by withdrawal symptoms resulting from prenatal drug exposure; and

(30) The Department of Public Health for the purpose of notification when the Commissioner of Children and Families places an individual licensed or certified by the Department of Public Health on the child abuse and neglect registry established pursuant to section 17a-101k.

Sec. 31. Subdivision (6) of section 17a-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(6) "Youth" means [a youth, as defined in section 46b-120] any person sixteen or seventeen years of age who has not been legally emancipated;

Sec. 32. Sections 46b-121i, 46b-121j, 46b-121l, 46b-126, 46b-133c, 46b-133d, 46b-141, 46b-141a, 46b-141b and 46b-147a 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

from passage

New section

Sec. 3

from passage

New section

Sec. 4

August 1, 2018

10-253(g)

Sec. 5

from passage

10-253

Sec. 6

from passage

New section

Sec. 7

from passage

New section

Sec. 8

from passage

New section

Sec. 9

from passage

46b-121n

Sec. 10

July 1, 2018

46b-120

Sec. 11

July 1, 2019

46b-120(5)

Sec. 12

July 1, 2018

46b-121

Sec. 13

July 1, 2018

46b-121h

Sec. 14

July 1, 2018

46b-121k

Sec. 15

July 1, 2018

46b-124

Sec. 16

July 1, 2018

46b-125

Sec. 17

July 1, 2018

46b-128(a)

Sec. 18

July 1, 2018

46b-133(d) to (f)

Sec. 19

July 1, 2018

46b-133g

Sec. 20

July 1, 2018

46b-134

Sec. 21

July 1, 2018

46b-140

Sec. 22

July 1, 2018

46b-140a

Sec. 23

July 1, 2018

46b-141d

Sec. 24

July 1, 2018

10-253(g)

Sec. 25

July 1, 2018

4b-3(d)

Sec. 26

July 1, 2018

46b-121k(a)

Sec. 27

July 1, 2018

46b-145

Sec. 28

July 1, 2018

17a-7

Sec. 29

July 1, 2018

17a-10(d)

Sec. 30

July 1, 2018

17a-28(g)

Sec. 31

July 1, 2018

17a-1(6)

Sec. 32

July 1, 2018

Repealer section

Statement of Legislative Commissioners:

Sections 14, 32 and 33 were deleted from the bill as those sections were repealed in section 35 of the bill.

JUD

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 19 $

FY 20 $

Correction, Dept.

GF - Savings

None

None

Education, Dept.

GF - Potential Cost

Up to 3 million

Up to 850,000

Education, Dept.

GF - Cost

215,760

215,760

State Comptroller - Fringe Benefits1

GF - Cost

67,487

67,487

Note: GF=General Fund

Municipal Impact: None

Explanation

Department of Correction (DOC)

The bill prohibits the Department of Correction (DOC) from holding anyone under 18 in its custody, starting January 1, 2021 and requires DOC, along with the State Department of Education, and the Judicial Department, to develop a plan to implement this change. There is no fiscal impact as the agencies have the expertise to develop this plan.

State Department of Education (SDE)

The bill requires the State Department of Education (SDE) to begin implementing the community-based and school-based diversion systems, and complete implementation by the end of FY 20, within available resources. SDE currently does not have the resources available to implement these systems, and would incur additional costs of up to approximately up to $3 million in FY 19 and up to approximately $850,000 in FY 20, and annually thereafter, if implementation were to begin. The table below provides a break down and description of the anticipated costs:

Item

FY 19 ($)

FY 20 ($)

Start-up Costs

460,000

0

Training for Youth Service Bureau

1,700,000

0

School Assessment

75,000

75,000

Diversion Pilot

80,000

80,000

Tool Kits

480,000

480,000

Diversion Implementation

140,000

140,000

Data Analysis

75,000

75,000

Total

3,010,000

850,000

The bill requires the Commissioner of Education, by January 1, 2020, to implement a system for improving vocational education for children involved in the juvenile justice system. It is anticipated that this will result in an additional cost of up to $283,247 per site. The costs are associated with two full-time staff, with annual personal services costs totaling approximately $185,760 plus annual fringe benefit costs of $67,487. Additionally, each site will require an additional $30,000 in mental health supports and credit recovery for students. The bill does not specify the required number of sites for this new program. This estimate is based on one site.

Judicial Department (JUD)

The bill makes various modifications concerning the transfer of juvenile services from the Department of Children and Families to the Judicial Department, as implemented in PA 17-2 JSS, and does not result in new costs.

PA 17-2 JSS allowed the Judicial Department to establish secure and staff-secure residential facilities. These placements are necessary due to closure of the Connecticut Juvenile Training School. The total cost for such facilities is dependent on how many facilities will be needed and the number of beds at each facility, but it is estimated that each facility will result in a cost of approximately $2.5 million annually and that Judicial will need at least two facilities (separate facilities for boys and girls).

The Out Years

State Impact:

Agency Affected

Fund-Effect

FY 21 $

FY 22 $

FY 23 $

Correction, Dept.

GF - Savings

110,200

110,200

110,200

Education, Dept.

GF - Potential Cost

Up to 850,000

Up to 850,000

Up to 850,000

Education, Dept.

GF - Cost*

220,075

224,477

228,967

State Comptroller - Fringe Benefits

GF - Cost

68,837

70,214

71,618

Note: GF=General Fund

*These figures have been adjusted for inflation at a rate of 2%

Municipal Impact: None

The bill removes inmates under 18 from Department of Correction (DOC) custody and results in a savings to the department beginning in FY 21. There are currently 59 inmates under 18 in DOC custody (1 female and 58 males). On average, the marginal cost to the state for incarcerating an offender for the year is $1,900.2 Additional savings will only be realized if inmate population is reduced to the point that unit or facility closures are possible, which is not expected to occur as a result of this bill.

OLR Bill Analysis

sHB 5562

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE AND CONCERNING THE TRANSFER OF JUVENILE JUSTICE FUNCTIONS TO THE JUDICIAL BRANCH.

TABLE OF CONTENTS:

1 — ENDING DOC CUSTODY OF MINORS

2 & 3 — COMMUNITY- AND SCHOOL-BASED DIVERSION

4, 14 & 24 — RESPONSIBILITY FOR EDUCATIONAL SERVICES AND COSTS AT JUVENILE DETENTION AND RESIDENTIAL FACILITIES

5 — SCHOOL DISTRICT LIAISONS

6 — VOCATIONAL, TECHNICAL, AND TECHNOLOGICAL EDUCATION FOR CHILDREN IN POST-CONVICTION CUSTODY

7 — SINGLE STATE AGENCY RESPONSIBLE FOR SERVICES AND PROGRAMS FOR CHILDREN IN JUSTICE SYSTEM CUSTODY

8 — STATEWIDE INFORMATION TECHNOLOGY PLATFORM

9 — NEW REPORTING REQUIREMENTS

10 & 34 — DEFINITIONS

10, 12, 21 & 22 — PROBATION SUPERVISION

13 — JUVENILE JUSTICE SYSTEM GOALS

14 — JUDICIAL BRANCH CONTINUUM OF COMMUNITY-BASED PROGRAMS

15 — DISCLOSURE OF JUVENILE MATTERS RECORDS AND INFORMATION

16 — JUVENILE PROBATION OFFICER RESPONSIBILITIES

21 — DELINQUENCY DISPOSITIONS

32 — REPEALERS

background

SUMMARY

This bill makes various changes to the laws governing the juvenile justice system.

Principally, it:

EFFECTIVE DATE: July 1, 2018, except (1) a provision on education services at juvenile detention and residential facilities is effective August 1, 2018, a provision that makes a technical change is effective July 1, 2019, and (3) provisions on DOC custody of minors, a community-based diversion system, the technical high school system, a single state agency overseeing education services for juveniles, a statewide technology information platform, and new reporting requirements are effective upon passage.

1 — ENDING DOC CUSTODY OF MINORS

Starting January 1, 2021, the bill prohibits DOC from holding anyone under age 18 (i.e., a minor) in its custody. It requires DOC, CSSD, DCF, and SDE to (1) jointly develop a plan to implement this prohibition and (2) submit it to the Judiciary Committee and JJPOC by October 1, 2019.

Under the bill, the plan must ensure that minors who are prosecuted on the adult criminal docket are detained and incarcerated in a safe, secure, and developmentally appropriate environment that is only used to detain and incarcerate minors. It must also recommend any necessary or appropriate legislation to implement this change, including recommendations for programs, services, and supports for detaining or incarcerating minors who are prosecuted before the adult criminal docket.

2 & 3 — COMMUNITY- AND SCHOOL-BASED DIVERSION

By July 1, 2018, the bill requires the SDE commissioner to begin implementing, within available resources, the community-based diversion system for which the law required JJPOC to develop a plan. By law, the plan had to recommend how to divert children who commit crimes, other than serious juvenile offenses, from the juvenile justice system and provide appropriate services. The commissioner must prioritize resources to the highest need school districts as determined by the number of prior court referrals and district readiness for implementation, provided the plan is fully implemented by June 30, 2020.

The bill also requires the SDE commissioner, by July 1, 2018, to begin implementing the school-based diversion plan the law required CSSD, DCF, SDE, and the Department of Mental Health and Addiction Services to develop. The plan includes options for reducing juvenile justice involvement among children with mental health needs using school based programs. Under the bill, it must be fully implemented by June 30, 2020, provided this can be done within available resources.

4, 14 & 24 — RESPONSIBILITY FOR EDUCATIONAL SERVICES AND COSTS AT JUVENILE DETENTION AND RESIDENTIAL FACILITIES

Juvenile Residential Facilities

Under existing law, the school district where a juvenile detention facility is located is responsible for providing educational services to students at the facility, either directly or through contracts with educational service providers. Currently, the student's home district, or if it cannot be identified, the district where the center is located, must pay a basic contribution toward the cost of the student's education. The bill applies these same education and funding requirements for students at juvenile residential facilities operated by, or under contract with, the judicial branch. And, as under existing law for students placed in detention facilities, the bill requires the judicial branch to notify the applicable school district about a student's placement in a residential facility within one business day after the placement. Under the bill, the State Board of Education (SBE) is responsible for education costs at the residential facilities in excess of the prior year's average per pupil costs for the school district, as it must already pay for such costs at detention facilities.

Placement in a Detention Facility

Current law requires a student's home district, or if it cannot be identified, the district where the detention center housing the student is located, to re-enroll the student upon receiving notice from the detention facility, regardless of why the student is not enrolled. The bill requires the respective district to enroll the student no more than one business day after receiving the notice.

Under the bill, a student enrolled in a school district who is placed in a juvenile detention facility must (1) remain enrolled in that same school for the duration of his or her detention, unless the student voluntarily terminates enrollment and (2) be able to return to the school immediately upon discharge from detention into the community.

Discharge from Detention Facility

Under the bill, when an educational services provider for a juvenile detention facility learns that a child will be discharged from the facility, the provider must immediately notify the jurisdiction where the child will continue his or her education.

5 — SCHOOL DISTRICT LIAISONS

The bill requires each eligible school district (i.e., district with at least 6,000 students enrolled during the 2016-2017 school year) to designate and maintain at least one employee as a liaison to facilitate transitions between the district and the juvenile and criminal justice systems.

The district must provide written notice to CSSD, by August 1st annually, of the liaison's name, professional title, and contact information. The first designations must be made by August 1, 2018.

Under the bill, the liaison must assist the school district, CSSD, and any relevant educational service providers in ensuring that:

Under this section and sections 6 and 7 of the bill, “justice system custody” and “post-conviction justice system custody” mean physical or legal custody or control of a child in a facility or program run by or contracted with DCF, DOC, or CSSD, either pending or pursuant to an adjudication or conviction for a delinquent act or criminal offense. And a child includes:

6 — VOCATIONAL, TECHNICAL, AND TECHNOLOGICAL EDUCATION FOR CHILDREN IN POST-CONVICTION CUSTODY

By January 1, 2020, the bill requires the Technical High School System (the system) to collaborate with CSSD, SDE, and any relevant private educational programs to provide vocational, technical, and technological education, training, and work experience to children in post-conviction justice system custody (see 5 for definitions). The education, training, and work experience must, at a minimum, ensure that each child has the opportunity to earn at least one career and technical academic credit to meet high school graduation requirements.

By the same date, the system must amend its admissions criteria so that children in the state who have returned to the community from post-conviction custody have a reasonable opportunity to enroll.

And January 1, 2019, the bill requires the system board and superintendent to develop and submit a plan to implement these provisions. The plan may be incorporated into the summary report that the system submits biennially to the Education Committee under existing law, but it must also be separately submitted to that committee and JJPOC.

7 — SINGLE STATE AGENCY RESPONSIBLE FOR SERVICES AND PROGRAMS FOR CHILDREN IN JUSTICE SYSTEM CUSTODY

Under the bill, by January 1, 2021, a single state agency must (1) be legally responsible for the overall coordination, oversight, supervision, and direction of all vocational and academic education services and programs for children in justice system custody and (2) provide education-related transitional support services for children returning to the community from justice system custody. That agency must directly operate, or contract with a single nonprofit provider to operate, a single statewide system for providing all educational services and related transitional supports for children in justice system custody.

The bill also requires JJPOC, by July 1, 2018, to convene an 11-member subcommittee to develop a plan to implement these requirements. The subcommittee must submit it, by January 1, 2019, to the Education Committee and JJPOC.

For the purposes of the plan, “school” means a program or institution, or any project or unit of it, that provides academic or vocational education programming for children in justice system custody. (See 5 for additional definitions.)

Subcommittee Membership

The bill designates appointing authorities and qualifications for the subcommittee members, as described in Table 1.

Table 1: Subcommittee Members

Designating Authorities

Members

Qualifications

Bridgeport and Hartford school districts

One each

None specified

DOC and SDE commissioners

One each

None specified

CSSD executive director

One

None specified

Office of Policy and Management (OPM) Secretary

One

Expert in state budgeting who can help obtain data on relevant expenditures and available resources

JJPOC chairpersons

Three total

Experts with significant career experience providing and coordinating education in justice system settings, but who are not state employees

Executive director of an organization that advocates for legal rights of the state's most vulnerable children

One

A representative of students' and families' interests

Executive director of an organization with the mission of stopping the criminalization of the state's children

One

A representative of students' and families' interests

Plan Requirements. Under the bill, the plan must:

Specifications for Statewide Accountability and Quality Control System. The bill requires the statewide accountability and quality control system to include:

The system must also include a program for quality control and evaluation of schools serving children in custody, including in-person observation and monitoring at least annually of each school serving children in custody. The monitoring must be conducted by experts in special education and education in justice-system settings.

Additionally, the system must require an annual specialized school profile and performance report for each school that serves children in custody. The report must be consistent with other accountability systems the law requires and include criteria and metrics tailored to measure the quality of schools that serve these children. The report metrics must include:

8 — STATEWIDE INFORMATION TECHNOLOGY PLATFORM

The bill requires SDE, by January 1, 2020, to develop and implement a plan to incentivize and support school district participation in a statewide information technology platform that allows real-time sharing of educational records among schools and school districts.

By February 1, 2019, the SDE commissioner must provide information on progress towards that plan to the Education Committee and JJPOC.

9 — NEW REPORTING REQUIREMENTS

Confinement Conditions at Manson Youth Institution

The bill adds to JJPOC's existing responsibilities a requirement that it periodically request, receive, and review information on confinement conditions, including available services, for individuals under age 18 who are detained at John R. Manson Youth Institution in Cheshire.

By October 1, 2018, JJPOC must report to the Appropriations, Children's, Judiciary, and Human Services committees and the OPM secretary on current confinement conditions, including services available, for people under age 18 who are detained or incarcerated in correctional facilities, juvenile secure facilities, and out-of-home placements in the juvenile and criminal justice systems. The report must include any (1) gaps in services and (2) the continued availability and use of mental health, education, rehabilitative, and family services.

Juvenile Justice Reinvestment Plan

By January 1, 2020, JJPOC must report to the same committees (see above) and the OPM secretary on a juvenile justice reinvestment plan. The report must study and make recommendations for reinvesting savings from the decreased use of incarceration and congregate care towards (1) strategic investments in home-, school-, and community-based behavioral health services and (2) supports for children diverted from, or involved with, the juvenile justice system.

Compliance with Prohibition on Out-of-School Suspension

By January 1, 2019, the bill also requires DCF, DOC, and CSSD to begin annually reporting to JJPOC on their compliance with the law prohibiting out-of-school suspension for any child residing in a facility they operate. The report must present evidence of compliance in both state facilities and those facilities managed by a state-contracted private provider and include data on all individuals under age 18 who were removed or excluded from educational settings due to alleged behavior.

De-Escalation, Rearrests, and Confinement

And by January 1, 2019, the bill requires all state agencies that detain or hold in custody a person under age 18 involved with the juvenile or criminal justice system or that contract for housing such person to begin annually reporting to JJPOC on compliance with the law requiring congregate care settings to (1) promote de-escalation and (2) monitor and track de-escalation efforts. The report must include (1) evidence of compliance in both direct-run and contract facilities and (2) data on all rearrests and use of confinements and restraints for youth in justice system custody.

10 & 34 — DEFINITIONS

The bill makes changes to several definitions in the laws pertaining to juvenile matters. Among these changes, it eliminates the definition of a serious juvenile repeat offender, which is currently a child charged with committing a felony if he or she was previously adjudicated delinquent or convicted of certain felonies at least twice. It also eliminates obsolete definitions for “youth” and “mentally deficient,” but preserves the definition of “youth” (i.e., a 16- or 17- year old) in the DCF statutes.

Additionally, it defines:

10, 12, 21 & 22 — PROBATION SUPERVISION

Under the bill, a person age 18 or older who is on probation supervision with or without residential placement falls under the juvenile court's continuing jurisdiction. Anyone on probation supervision may be subject to other reasonable court-ordered restrictions or conditions and required to participate in appropriate programmatic services. The bill replaces references to “probation” throughout the juvenile matters statutes with “probation supervision.”

Currently, a child may be adjudicated delinquent for, among other things, violating conditions of probation. The bill specifies that a child may be adjudicated delinquent for violating conditions of probation supervision or probation with residential placement and, as a corollary, that such actions constitute delinquent acts.

Probation Supervision Conditions

Current law specifies certain orders the court may issue as conditions of juvenile probation. The bill instead specifies that the court may issue certain orders as conditions of probation supervision with or without residential placement. The bill eliminates from those conditions participating in an alternative incarceration program or other program CSSD establishes. The bill provides that the court may order, as a condition of probation supervision with or without residential placement, that the child (1) participate in a youth service bureau program; (2) obtain technical or vocational training, or both; (3) make a good faith effort to obtain and maintain employment; or (4) be placed in an appropriate residential facility. The bill also allows the court to require the child or his or her parents or guardian or both to make restitution to the victim. Current law permits the court to order the child to make such restitution. Existing law allows the court to also order where the child must live, drug or alcohol treatment or testing, and school attendance, among other things.

Case Review Team Meeting

Under the bill, the court may authorize the child's probation officer, at any time during the probation supervision period, to convene a case review team meeting with the child and his or her attorney on a case (1) being considered for residential placement or (2) that is complex and could benefit from a multi-systemic approach. The probation officer and supervisor must facilitate the meeting, which may also include the child's family, the state's attorney, school officials, treatment providers, and state agency representatives as deemed appropriate. Recommendations to modify the probation supervision conditions, including residential placement, must be considered and approved by the court.

Predispositional Study

Under the bill, a child may only be placed on probation supervision with residential placement in a secure or staff-secure facility if CSSD has a current predispositional study that the court has reviewed and the (1) placement is indicated by the child's clinical and behavioral needs or (2) level of risk to public safety cannot be managed in a less restrictive setting. The court must consider all relevant reports, evaluations, and studies offered or admitted as evidence and the child's length of stay in a residential facility must be dependent on him or her making progress in treatment and attaining treatment goals.

Probation Supervision

Under the bill, at any time during the probation supervision with or without residential placement, the court may modify or enlarge the probation conditions for good cause shown after a hearing. The bill caps the length of time the court may extend the probation period by up to 12 months, for a total supervision period of 30 months. Current law allows the court to extend the probation as appropriate with no maximum length specified. As under existing law, the court must have a copy of the order delivered to the child and his or her parent or guardian and probation officer.

Probation Status Review Hearing

The bill permits the court, at any time during the probation supervision period, to convene a probation status review hearing. The probation officer may file an ex parte (i.e., private) request for a review hearing with the court clerk, regardless of whether a new offense or violation has been filed. The court may grant the request and convene a probation status review hearing within seven days if it finds that it is in the child's or the public's best interest. The officer must inform the child and parent or guardian of the scheduled court date and time. The child must be represented by counsel at the hearing.

Under the bill, if the child or his or her parents or guardian do not appear at the hearing, absent actual or in-hand service of the notice, the failure cannot be deemed willful. Instead, the court may continue the hearing to a future date and order the child and his or her parents or guardian to be served notice to appear in court. By agreement of the parties or when an evidentiary hearing concludes, the court may modify or enlarge the probation conditions and, if appropriate, order the child placed in a secure or staff-secure residential facility. But no placement may be ordered unless (1) it is indicated by the child's clinical and behavioral needs or (2) the level of risk cannot be managed in a less restrictive setting.

Violation of Probation

The bill allows the court, at any time during the probation supervision period, to (1) issue a warrant to arrest the child for violating the probation conditions or (2) issue a notice to appear to answer the charges of alleged violation. Current law permits the court to take such actions if a child allegedly violates the conditions of probation or suspended commitment.

The bill eliminates provisions that allow the court to continue or revoke a suspended commitment and, if the probation or suspended commitment to DCF is revoked, require the child to serve the commitment imposed or impose a lesser commitment. It allows the court to continue or revoke an order of probation supervision or modify or enlarge the supervision conditions when a child violates a condition of probation supervision, as it may currently continue or revoke probation or modify or enlarge probation conditions when a child violates probation.

The bill also eliminates a requirement that CSSD notify local law enforcement when the court determines that a child or youth violated probation by failing to comply with electronic monitoring requirements.

13 — JUVENILE JUSTICE SYSTEM GOALS

The bill eliminates a requirement that the juvenile justice system promote prevention efforts through the support of programs and services to meet the needs of those charged with committing a delinquent act. It also makes various revisions to the statutory goals of the juvenile justice system. Principally, it requires the goals to include:

Currently, another system goal is to promote developing and implementing community based programs, including mental health services, to prevent unlawful behavior. The bill (1) eliminates the requirement that the programs include mental health services and (2) requires them to be designed to prevent reoffending instead of unlawful behavior.

14 — JUDICIAL BRANCH CONTINUUM OF COMMUNITY-BASED PROGRAMS

The bill eliminates a requirement that the judicial branch develop constructive programs to prevent and reduce delinquency and crime among juvenile offenders. Instead, it requires the branch to develop a continuum of community-based programs for reducing juvenile delinquency. When appropriate, the judicial branch must coordinate the programs with DCF, SDE, DMHAS, the Department of Social Services, the Department of Developmental Services, and any other necessary agencies.

The continuum must be:

The branch must develop programs that provide research and evidence-based skills training and assistance to promote independent living skills, positive activities, and social connections in the juveniles' home communities. The programs must also address:

Under the bill, any program the judicial branch develops to prevent or reduce juvenile delinquency and crime must be gender responsive.

Existing law, unchanged by the bill, requires the branch to consult with the Commission on Racial and Ethnic Disparity in the Criminal Justice System to address the needs of minorities in the juvenile justice system.

15 — DISCLOSURE OF JUVENILE MATTERS RECORDS AND INFORMATION

The bill eliminates DCF employees from those state employees who may access records of juvenile delinquency proceedings.

The bill also adds the following motor vehicle offenses to those for which records of delinquency proceedings must be disclosed to the DMV:

The bill also permits law enforcement officials to disclose information on a child who escaped from or failed to return from an authorized leave from court placement at a detention center or a secure or staff-secure residential treatment facility. Current law permits these officials to disclose information for a child who escaped from a detention center or a facility to which the court committed him or her. Existing law, unchanged by the bill, also permits law enforcement to disclose information about children who allegedly committed a felony and for whom an arrest warrant has been issued.

16 — JUVENILE PROBATION OFFICER RESPONSIBILITIES

Current law requires juvenile probation officers to investigate and report as the court directs or the law requires. In addition to investigating and reporting, the bill requires juvenile officers to make recommendations to the court, including pre-dispositional studies (i.e., a detailed examination of the circumstances around the offense, home life conditions, and school experience, among other things). Under the bill, the officers must provide supervision and make referrals to pre- and post-adjudication services based on the juvenile's risks and needs, as determined by the risk and needs assessment (see 10). The officers must work collaboratively with treatment providers to ensure programs and services are adequately addressing the needs of juveniles they supervise.

The bill requires the officers to keep complete records of all cases they investigate or that are under their care, instead of requiring them to preserve a record of the cases.

It also eliminates provisions that permit investigators authorized by the chief state's attorney's office to arrest any juvenile on probation without a warrant if the juvenile violated the conditions of his or her probation. The law, unchanged by the bill, permits juvenile probation officers to make the arrests or deputize another officer with arrest powers to do so.

21 — DELINQUENCY DISPOSITIONS

The bill makes various changes to the law regarding disposition of juvenile delinquency adjudications.

Factors the Court Must Consider

The bill adds the following factors to those the court must consider when determining the appropriate disposition for a child adjudicated as delinquent:

The bill also eliminates from the factors the court must consider the child's culpability in committing the offense including his or her level of participation in planning and carrying out the offense.

Existing law requires the court to consider such other things as the seriousness of the offense, victim impact, and aggravating and mitigating factors.

Disposition

The bill eliminates several of the ways that the court may dispose of a delinquency case when a child is adjudicated delinquent. Currently, the court may:

The bill eliminates these options and instead permits the court to (1) discharge the child with or without a warning and (2) place the child on probation supervision with or without residential placement for up to 18 months, which may be extended to up to 30 months total. Current law permits the court to sentence a child to probation and extend the probation as deemed appropriate with no maximum length specified (see 22 above).

The bill eliminates provisions that (1) require the court to commit a child to DCF if it finds that the probation services or other services available to it are not adequate for the child and (2) allow it to commit a child to DCF if the child is found to be mentally ill. It also eliminates a provision that authorizes a child adjudicated delinquent or judged to be from a family with service needs to be employed part-time or full-time at a useful occupation as a condition of probation or supervision in certain circumstances.

Additionally, it eliminates an obsolete provision allowing the court to commit a child it convicts as delinquent and finds to be “mentally deficient” to an institution for “mentally deficient” children and youths.

32 — REPEALERS

The bill repeals provisions that:

BACKGROUND

Related Bill

sHB 5041, reported favorably by the Judiciary Committee, contains similar provisions related to probation supervision with or without residential placement, juvenile delinquency dispositions, juvenile justice system goals, records disclosures, and judicial branch responsibilities.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

22

Nay

19

(04/04/2018)

TOP

1 The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller. The estimated active employee fringe benefit cost associated with most personnel changes is 36.33% of payroll in FY 19 and FY 20.

2 Inmate marginal cost is based on reduced consumables (e.g. food, clothing, water, sewage, living supplies, etc.) This does not include a reduction in staffing costs or utility expenses because these would only be realized if a unit or facility closed.