Bill Text: CT HB06399 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning Children In The Juvenile Justice System.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2013-05-07 - Tabled for the Calendar, House [HB06399 Detail]
Download: Connecticut-2013-HB06399-Comm_Sub.html
General Assembly |
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January Session, 2013 |
*_____HB06399JUD___050713____* |
AN ACT CONCERNING CHILDREN IN THE JUVENILE JUSTICE SYSTEM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2013) At any proceeding concerning the alleged delinquency of a child, no child shall be physically restrained by the use of shackles, handcuffs or other mechanical restraints prior to being adjudicated as delinquent, unless the judge determines that the use of such restraints is necessary to ensure the safety of the public. Nothing in this section shall be construed as preventing a child from being physically restrained while being transported from one place to another.
Sec. 2. Subsection (a) of section 46b-137 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Any admission, confession or statement, written or oral, made by a child under the age of sixteen to a police officer or Juvenile Court official shall be inadmissible in any proceeding concerning the alleged delinquency of the child, or in any criminal prosecution of the child, making such admission, confession or statement unless made by such child in the presence of the child's parent or parents or guardian and after the parent or parents or guardian and child have been advised (1) of the child's right to retain counsel, or if unable to afford counsel, to have counsel appointed on the child's behalf, (2) of the child's right to refuse to make any statements, and (3) that any statements the child makes may be introduced into evidence against the child.
Sec. 3. Section 46b-146 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Whenever any child has been convicted as delinquent [, has been adjudicated a member of a family with service needs] for the commission of a serious juvenile offense or has signed a statement of responsibility admitting to having committed a [delinquent act] serious juvenile offense, and has subsequently been discharged from the supervision of the Superior Court or from the custody of the Department of Children and Families or from the care of any other institution or agency to whom the child has been committed by the court, such child, or the child's parent or guardian, may file a petition with the Superior Court. If such court finds (1) that at least [two years or, in the case of a child convicted as delinquent for the commission of a serious juvenile offense,] four years have elapsed from the date of such discharge, (2) that no subsequent juvenile proceeding or adult criminal proceeding is pending against such child, (3) that such child has not been convicted of a delinquent act that would constitute a felony or misdemeanor if committed by an adult during such [two-year or] four-year period, (4) that such child has not been convicted as an adult of a felony or misdemeanor during such [two-year or] four-year period, and (5) that such child has reached eighteen years of age, the court shall order all police and court records pertaining to such child to be erased. Upon the entry of such an erasure order, all references including arrest, complaint, referrals, petitions, reports and orders, shall be removed from all agency, official and institutional files, and a finding of delinquency [or that the child was a member of a family with service needs] shall be deemed never to have occurred. The persons in charge of such records shall not disclose to any person information pertaining to the record so erased, except that the fact of such erasure may be substantiated where, in the opinion of the court, it is in the best interests of such child to do so. No child who has been the subject of such an erasure order shall be deemed to have been arrested ab initio, within the meaning of the general statutes, with respect to proceedings so erased. Copies of the erasure order shall be sent to all persons, agencies, officials or institutions known to have information pertaining to the delinquency [or family with service needs] proceedings affecting such child. [Whenever a child is dismissed as not delinquent or as not being a member of a family with service needs, all police and court records pertaining to such charge shall be ordered erased immediately, without the filing of a petition. Nothing in this section shall prohibit the court from granting a petition to erase a child's records on a showing of good cause, after a hearing, before the time when such records could be erased.]
(b) Whenever any child has been convicted as delinquent for the commission of a delinquent act other than a serious juvenile offense, has been adjudicated a member of a family with service needs or has signed a statement of responsibility admitting to having committed a delinquent act other than a serious juvenile offense, and has subsequently been discharged from the supervision of the Superior Court or from the custody of the Department of Children and Families or from the care of any other institution or agency to whom the child has been committed by the court, and (1) at least two years have elapsed from the date of such discharge, (2) no subsequent juvenile proceeding or adult criminal proceeding is pending against such child, (3) such child has not been convicted of a delinquent act that would constitute a felony or misdemeanor if committed by an adult during such two-year period, (4) such child has not been convicted as an adult of a felony or misdemeanor during such two-year period, and (5) such child has reached eighteen years of age, the court shall order all police and court records pertaining to such child to be erased on the second day of January of each year or on a date designated by the court without the filing of a petition. Upon the entry of such an erasure order, all references, including arrest, complaint, referrals, petitions, reports and orders, shall be removed from all agency, official and institutional files, and a finding of delinquency or that the child was a member of a family with service needs shall be deemed never to have occurred. The persons in charge of such records shall not disclose to any person information pertaining to the record so erased, except that the fact of such erasure may be substantiated where, in the opinion of the court, it is in the best interests of such child to do so. No child who has been the subject of such an erasure order shall be deemed to have been arrested ab initio, within the meaning of the general statutes, with respect to proceedings so erased. Copies of the erasure order shall be sent to all persons, agencies, officials or institutions known to have information pertaining to the delinquency or family with service needs proceedings affecting such child.
(c) Whenever a child is dismissed as not delinquent or as not being a member of a family with service needs, all police and court records pertaining to such charge shall be ordered erased immediately, without the filing of a petition. Nothing in this section shall prohibit the court from granting a petition to erase a child's records on a showing of good cause, after a hearing, before the time when such records could be erased.
Sec. 4. (NEW) (Effective October 1, 2013) Any child convicted as delinquent by the superior court for juvenile matters and committed to the Department of Children and Families as a result of such conviction and any person who is under the supervision of a juvenile probation officer while on probation or under a suspended commitment to the Department of Children and Families, who challenges the legality or conditions of such commitment or placement by applying for a writ of habeas corpus shall file such application with the superior court for juvenile matters in the venue district established under section 46b-142 of the general statutes in which the commitment or placement was ordered. Such application may be made by such child or person, or on behalf of such child or person by his or her parent, guardian or counsel, and shall name the Commissioner of Children and Families as respondent. The determination of legality or conditions of such commitment shall be made by the superior court for juvenile matters in the civil session.
Sec. 5. Subsection (a) of section 46b-121 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(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 and applications for a writ of habeas corpus arising from a juvenile matter in the criminal session, 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) 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, for purposes of enforcing any court orders entered as part of such probation or suspended commitment.
Sec. 6. Section 17a-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) All children and youths who are or have been committed to the custody of the Commissioner of Children and Families as delinquent shall remain in such custody until the earliest of the following: (1) The date such commitment expires as provided by order of the Superior Court, (2) the date such commitment terminates as provided by order of the Superior Court, or (3) the date the child or youth attains the age of twenty. Any child or youth who while placed in an institution administered by the Department of Children and Families escapes from such institution or any child or youth who violates the terms or conditions of parole may be returned to actual custody. The request of the Commissioner of Children and Families, or the commissioner's designee, shall be sufficient warrant to authorize any officer of the Department of Children and Families or any officer authorized by law to serve criminal process within this state to return any such child or youth into actual custody; and any such officer, police officer or constable shall arrest and hold any such child or youth when so requested, without written warrant.
(b) If the commissioner finds that a child or youth committed to his custody as delinquent who is fourteen years of age or older cannot benefit from continued school attendance or has graduated from high school and if the commissioner further finds that such person may benefit from part or full-time employment at some useful occupation, the commissioner may place the child or youth on vocational parole, under the supervision of an employee of the department. 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 vocational parole.
Sec. 7. Section 51-296a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The judicial authority before whom a family relations matter described in subparagraph (A) of subdivision (1) of subsection (c) of section 51-296 is pending shall determine eligibility for counsel for a child or youth and the parents or guardian of a child or youth if they are unable to afford counsel and are indigent according to the income and eligibility guidelines promulgated by the Public Defender Services Commission. Upon a finding that a party is unable to afford counsel and is indigent according to such guidelines, the judicial authority shall appoint an attorney to provide representation from a list of qualified attorneys provided by the office of Chief Public Defender.
(b) The judicial authority before whom a juvenile matter described in subparagraph (B) of subdivision (1) of subsection (c) of section 51-296 is pending shall notify the office of Chief Public Defender who shall assign an attorney to represent the child or youth. The judicial authority shall determine eligibility for counsel for the parents or guardian of the child or youth if such parents or guardian is unable to afford counsel and is indigent according to the income and eligibility guidelines promulgated by the Public Defender Services Commission. Upon a finding that such parents or guardian is unable to afford counsel and is indigent according to such guidelines, the judicial authority shall notify the office of Chief Public Defender of such finding, and the office of Chief Public Defender shall assign an attorney to provide representation.
(c) For the purposes of determining eligibility for appointment of counsel pursuant to subsection (a) or (b) of this section, the judicial authority shall cause the parents or guardian of a child or youth to complete a written statement under oath or affirmation setting forth the parents' or guardian's liabilities and assets, income and sources thereof, and such other information as the Public Defender Services Commission designates and requires on forms adopted by the commission. The judicial authority shall determine eligibility for appointment of counsel in accordance with the income and eligibility guidelines promulgated by the Public Defender Services Commission.
(d) The payment of any attorney who was appointed prior to July 1, 2011, to represent a child or indigent parent in any case described in subparagraph (A) of subdivision (1) of subsection (c) of section 51-296 who continues to represent such child or parent on or after July 1, 2011, shall be processed through the office of Chief Public Defender and paid at the rate that was in effect at the time of such appointment.
Sec. 8. Section 51-299 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
Except in cases in which counsel has been appointed pursuant to subsection (c) of section 51-296, whenever a person requesting services pursuant to this chapter is under the age of eighteen years, eligibility for services shall be measured in terms of the financial circumstances of such person and of his parents, guardians, or those legally responsible for the support of such person. The commission shall be entitled to recover the reasonable cost of legal services, as determined in accordance with the schedule of reasonable charges for public defender services provided by the commission, from the parents, guardians, trustees or those legally responsible for the support of such person and the provisions of section 51-298 shall apply to such persons. In so doing, it shall have the authority to require such parents, guardians or other such persons as well as those persons holding property in trust or otherwise for such minor or unemancipated person to execute and deliver to the commission or its employees any written requests or authorizations required under applicable law or otherwise to provide the Chief Public Defender or those serving under him with access to such records of public or private sources, otherwise confidential, or any other information which may be relevant to the question of eligibility or liability to the commission under this chapter. The commission shall be entitled to recover the reasonable cost of legal services, as determined in accordance with the schedule of reasonable charges for public defender services provided by the commission, from the Judicial Department in any proceeding wherein the court appointed counsel over the objection of the Office of Chief Public Defender, provided said office determined that the person was not indigent in accordance with the income and eligibility guidelines promulgated by the Public Defender Services Commission.
Sec. 9. Section 4-141 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
As used in this chapter: "Claim" means a petition for the payment or refund of money by the state or for permission to sue the state; "just claim" means a claim which in equity and justice the state should pay, provided the state has caused damage or injury or has received a benefit; "person" means any individual, firm, partnership, corporation, limited liability company, association or other group, including political subdivisions of the state; "state agency" includes every department, division, board, office, commission, arm, agency and institution of the state government, whatever its title or function; and "state officers and employees" includes every person elected or appointed to or employed in any office, position or post in the state government, whatever such person's title, classification or function and whether such person serves with or without remuneration or compensation, including judges of probate courts, employees of such courts and special limited conservators appointed by such courts pursuant to section 17a-543a. In addition to the foregoing, "state officers and employees" includes attorneys appointed as victim compensation commissioners, attorneys appointed by the Public Defender Services Commission as public defenders, assistant public defenders or deputy assistant public defenders and attorneys appointed by the court as Division of Public Defender Services assigned counsel or guardians ad litem, individuals appointed by the Public Defender Services Commission, or by the court, as a guardian ad litem or attorney for a party in a neglect, abuse, termination of parental rights, delinquency or family with service needs proceeding, the Attorney General, the Deputy Attorney General and any associate attorney general or assistant attorney general, any other attorneys employed by any state agency, any commissioner of the Superior Court hearing small claims matters or acting as a fact-finder, arbitrator or magistrate or acting in any other quasi-judicial position, any person appointed to a committee established by law for the purpose of rendering services to the Judicial Department, including, but not limited to, the Legal Specialization Screening Committee, the State-Wide Grievance Committee, the Client Security Fund Committee, the advisory committee appointed pursuant to section 51-81d and the State Bar Examining Committee, any member of a multidisciplinary team established by the Commissioner of Children and Families pursuant to section 17a-106a, and any physicians or psychologists employed by any state agency. "State officers and employees" shall not include any medical or dental intern, resident or fellow of The University of Connecticut when (1) the intern, resident or fellow is assigned to a hospital affiliated with the university through an integrated residency program, and (2) such hospital provides protection against professional liability claims in an amount and manner equivalent to that provided by the hospital to its full-time physician employees.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2013 |
New section |
Sec. 2 |
October 1, 2013 |
46b-137(a) |
Sec. 3 |
October 1, 2013 |
46b-146 |
Sec. 4 |
October 1, 2013 |
New section |
Sec. 5 |
October 1, 2013 |
46b-121(a) |
Sec. 6 |
October 1, 2013 |
17a-8 |
Sec. 7 |
October 1, 2013 |
51-296a |
Sec. 8 |
October 1, 2013 |
51-299 |
Sec. 9 |
from passage |
4-141 |
KID |
Joint Favorable Subst. |
|
APP |
Joint Favorable |
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JUD |
Joint Favorable |