Bill Text: CT HB05521 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning Child Welfare And The Juvenile Justice System And Erasure Of Juvenile Records.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-04-26 - Tabled for the Calendar, House [HB05521 Detail]
Download: Connecticut-2010-HB05521-Comm_Sub.html
General Assembly |
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February Session, 2010 |
*_____HB05521APP___042610____* |
AN ACT CONCERNING CHILD WELFARE AND THE JUVENILE JUSTICE SYSTEM AND ERASURE OF JUVENILE RECORDS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 46b-133 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Nothing in this part shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of warrants by judges in the manner provided by section 54-2a, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process appears imperative. Whenever a child is arrested and charged with a crime, such child may be required to submit to the taking of his photograph, physical description and fingerprints. Notwithstanding the provisions of section 46b-124, the name, photograph and custody status of any child arrested for the commission of a capital felony or class A felony may be disclosed to the public.
(b) Whenever a child is brought before a judge of the Superior Court, such judge shall immediately have the case proceeded upon as a juvenile matter. Such judge may admit the child to bail or release the child in the custody of the child's parent or parents, the child's guardian or some other suitable person to appear before the Superior Court when ordered. If detention becomes necessary, such detention shall be in the manner prescribed by this chapter, provided the child shall be placed in the least restrictive environment possible in a manner consistent with public safety.
(c) Upon the arrest of any child by an officer, such officer may (1) [may] release the child to the custody of the child's parent or parents, guardian or some other suitable person or agency, (2) at the discretion of the officer, release the child to the child's own custody, or (3) [immediately] seek a court order for the authority to turn the child over to a juvenile detention center. 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. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified.
(d) The court or detention supervisor may turn such child over to a youth service program created for such purpose, if such course is practicable, or such child may be detained pending a hearing which shall be held on the business day next following the child's arrest. No child shall be detained after such hearing or held in detention pursuant to a court order unless it appears from the available facts that there is probable cause to believe that the child has committed the acts alleged, there is no less restrictive alternative available and [that] there is (1) a strong probability that the child will run away prior to the court hearing or disposition, (2) a strong probability that the child will commit or attempt to commit other offenses injurious to the child or to the community prior to the court disposition, (3) probable cause to believe that the child's continued residence in the child's home pending disposition poses a risk to the child or the community because of the serious and dangerous nature of the act or acts the child is alleged to have committed, (4) a need to hold the child for another jurisdiction, (5) a need to hold the child to assure the child's appearance before the court, in view of the child's previous failure to respond to the court process, or (6) the child has violated one or more of the conditions of a suspended detention order. 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. 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.
(e) 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. Unless the arrest was 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 by a detention supervisor to the custody of the child's parent or parents, guardian or some other suitable person or agency.
(f) In conjunction with any order of release from detention, the court may, when it has reason to believe a child is alcohol-dependent or drug-dependent as defined in section 46b-120, and where necessary, reasonable and appropriate, order the child to participate in a program of periodic alcohol or drug testing and treatment as a condition of such release. The results of any such alcohol or drug test shall be admissible only for the purposes of enforcing the conditions of release from detention.
(g) [Whenever the population of a juvenile detention center equals or exceeds the maximum capacity for such center, as determined by the Judicial Branch, the] The detention supervisor of a juvenile detention center in charge of intake shall admit only a child who: (1) Is [charged with the commission of a serious juvenile offense, (2) is] the subject of an order to detain or an outstanding court order to take such child into custody, [(3)] (2) is ordered by a court to be held in detention, or [(4)] (3) is being transferred to such center to await a court appearance.
Sec. 2. Section 46b-146 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(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 that constitutes 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, 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 seventeen 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.
(b) Whenever any child has been convicted as delinquent, 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, 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, (5) such child has not been convicted of a delinquent act for the commission of a serious juvenile offense, and (6) such child has reached seventeen years of age, the clerk of the superior court for juvenile matters shall, on the second day of January each year or on a date designated by the court, erase the files, papers and other records, including electronic records, pertaining to any proceeding concerning such child. Upon such erasure, 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 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 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.
(d) 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 or would be erased pursuant to this section.
Sec. 3. Section 46b-146 of the 2010 supplement to the general statutes, as amended by section 88 of public act 09-7, is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(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 that constitutes 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, 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.
(b) Whenever any child has been convicted as delinquent, 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, 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, (5) such child has not been convicted of a delinquent act for the commission of a serious juvenile offense, and (6) such child has reached eighteen years of age, the clerk of the superior court for juvenile matters shall, on the second day of January each year or on a date designated by the court, erase the files, papers and other records, including electronic records, pertaining to any proceeding concerning such child. Upon such erasure, 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 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 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.
(d) 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 or would be erased pursuant to this section.
Sec. 4. (NEW) (Effective from passage) Not later than September 30, 2010, and annually thereafter, the Commissioner of Children and Families, the Commissioner of Public Safety, the Chief State's Attorney, the Chief Public Defender, the Chief Court Administrator and the Police Officer Standards and Training Council shall submit a report, on behalf of the respective department, division, office or council, to the Secretary of the Office of Policy and Management on the plans established by the department, division, office or council to address disproportionate minority contact in the juvenile justice system and the steps taken to implement those plans during the previous fiscal year. Any reports submitted by the Commissioner of Children and Families and the Chief Court Administrator, or on behalf of any other such department, division, office or council that has responsibility for providing child welfare services, including services in abuse and neglect cases, shall (1) indicate efforts undertaken in the prior fiscal year to address disproportionate minority contact in the child welfare system, and (2) include an evaluation of the relationship between the child welfare system and disproportionate minority contact in the juvenile justice system. The Secretary of the Office of Policy and Management shall compile the submissions and shall submit a report on such submissions, in accordance with section 11-4a of the general statutes, to the Governor and the General Assembly not later than December thirty-first annually. For the purposes of this section, "disproportionate minority contact" means that a disproportionate number of juvenile members of minority groups come into contact with the juvenile justice system.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2010 |
46b-133 |
Sec. 2 |
October 1, 2010 |
46b-146 |
Sec. 3 |
July 1, 2012 |
46b-146 |
Sec. 4 |
from passage |
New section |
JUD |
Joint Favorable Subst.-LCO |
|
APP |
Joint Favorable |