Bill Text: CT SB01095 | 2011 | General Assembly | Introduced

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Bill Title: An Act Limiting The Use Of Restraints On A Child Who Is Subject To A Delinquency Proceeding.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-28 - Public Hearing 04/01 [SB01095 Detail]

Download: Connecticut-2011-SB01095-Introduced.html

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General Assembly		Raised Bill No. 1095
January Session, 2011		LCO No. 3970
		*03970_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT LIMITING THE USE OF RESTRAINTS ON A CHILD WHO IS SUBJECT TO A DELINQUENCY PROCEEDING.

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

Section 1. Subsection (b) of section 46b-121 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(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 or youth therein, as the court deems necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child or youth 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 or youth for the purpose of determining the need for services or placement of the child or youth. 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 punish the child, deter the child from the commission of further delinquent acts, assure 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) In proceedings concerning a child charged with a delinquent act, such child shall not be physically restrained by the use of shackles, handcuffs or other mechanical restraint prior to being convicted or adjudicated as delinquent, unless the judge determines that the use of such restraints on the child is necessary to ensure public safety. Nothing in this section shall prevent the use of restraints on a child while such child is being transported from one place to another with respect to such proceeding.

[(2)] (3) If any order for the payment of money is issued by the Superior Court, including any order assessing costs issued under section 46b-134 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. 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.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2011	46b-121(b)

Statement of Purpose:

To prohibit a child from being mechanically restrained during a delinquency proceeding prior to being adjudicated as delinquent, unless such restraint is deemed necessary to ensure public safety.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]