Connecticut Seal

General Assembly

File No. 132

    February Session, 2018

Substitute Senate Bill No. 187

Senate, March 29, 2018

The Committee on Children reported through SEN. MOORE, M. of the 22nd Dist. and SEN. SUZIO of the 13th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE TRANSFER OF A CHILD CHARGED WITH CERTAIN OFFENSES TO THE CRIMINAL DOCKET.

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

Section 1. Subsection (b) of section 46b-127 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) (1) Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child charged with the commission of a class C, D or E felony or an unclassified felony shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (A) such offense was committed after such child attained the age of fifteen years, (B) there is probable cause to believe the child has committed the act for which the child is charged, and (C) the best interests of the child [and] or the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child, (ii) the seriousness of such offenses, (iii) any evidence that the child has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the child's needs. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.

(2) If a case is transferred to the regular criminal docket pursuant to subdivision (1) of this subsection or subdivision (3) of subsection (a) of this section, the court sitting for the regular criminal docket may return the case to the docket for juvenile matters at any time prior to a jury rendering a verdict or the entry of a guilty plea for good cause shown for proceedings in accordance with the provisions of this chapter.

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

Section 1

July 1, 2018

46b-127(b)

KID

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 - Potential Cost

See Below

See Below

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill expands the provisions that allow certain juvenile matters to be transferred from juvenile court to Superior Court and, to the extent that it results in a great number of incarcerations, results in a potential cost to the Department of Correction. On average, the marginal cost to the state for incarcerating an offender for the year is $1,9001.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sSB 187

AN ACT CONCERNING THE TRANSFER OF A CHILD CHARGED WITH CERTAIN OFFENSES TO THE CRIMINAL DOCKET.

SUMMARY

Existing law permits a prosecutor to petition the court to transfer a child charged with a class C, D, E, or unclassified felony from the juvenile court docket to the adult criminal court docket. This bill broadens the circumstances in which the court may grant such a petition.

Under the bill, the court may order the transfer of a child facing such charges if it finds that the best interests of the child or the public will not be served by keeping the case in juvenile court. Currently, the law only allows the court to order the transfer if it finds that the best interests of both the child and the public will not be served by maintaining the case in juvenile court. As under existing law, to order such a transfer the court must additionally find that (1) the offense was committed after the child turned 15 and (2) there is probable cause to believe that the child committed the alleged act.

Under existing law, unchanged by the bill, (1) arson murder and all class A felonies are automatically transferred to the adult criminal docket and (2) some class B felonies are automatically transferred, and the prosecutor may petition the court to transfer the other class B felony cases.

EFFECTIVE DATE: July 1, 2018

COMMITTEE ACTION

Committee on Children

Joint Favorable Substitute

Yea

12

Nay

0

(03/15/2018)

TOP

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