Connecticut Juvenile Laws Procedures Presented by Francis J

Connecticut Juvenile Laws & Procedures Presented by: Francis J. Carino, Supervisory Assistant State’s Attorney 2019 - 2020 Academic Year

A version of this presentation will be available at www. francarino. com in the “Police Recertification Training Modules” section.

Mandated Reporters

What must be reported? (CGS § 17 a-101 a) Mandated reporters are required to report or cause a report to be made when, in their professional capacity, they have reasonable cause to suspect or believe that a child under the age of 18 u has been abused, neglected or u has had non-accidental physical injury, or injury which is at variance with the history given of such injury u is placed in imminent risk of serious harm A school employee is also required to report or cause a report to be made when, in the ordinary course of their employment, they have reasonable cause to suspect or believe that a student was sexually assaulted by another school employee.

Delinquency Cases

Delinquency Cases Delinquency cases involve a child who prior to age 16 has violated any: 1. • federal law, • state law (including infractions, violations, misdemeanors and felonies) or • municipal or local ordinance; 2. court order in a delinquency case; • suspended detention orders 3. condition of their juvenile probation; 4. failure to appear for a juvenile court hearing;

Delinquency Cases Effective 7/1/12, a 16 or 17 year old will be handled as: Juvenile Adult Violate: any federal criminal law, a state law other than: ✴ a violation, Except the marijuana law! ✴ an infraction, ✴ a Title 14 MV offense, ✴ failure to pay or plead or ✴ FTA in an adult court case; Violate: a local or municipal ordinance; a state law that is: ✴ a violation, Except the marijuana law! ✴ an infraction, ✴ a Title 14 MV offense, ✴ failure to pay or plead or ✴ FTA in an adult court case; juvenile delinquency court order; adult probation; juvenile probation; adult court order; FTA for a juvenile court hearing;

Interviewing Juveniles

Taking a Statement From a Juvenile There are different rules applicable to statements of juveniles under age 16 and those that are 16 or 17. The key difference between the rules is that: Ø For juveniles under age 16 – having a parent or guardian present is a requirement for the admissibility of the juvenile’s admission, confession or statement. CGS § 46 b-137(a) Ø For 16 year olds or 17 year olds, the presence of a parent or guardian is a right that may be waived subject to review by the court using the “totality of the circumstances” test. CGS § 46 b-137(b)

Any admission, confession or statement, written or oral, made by a 16 or 17 year old child to a police officer or Juvenile Court official shall be inadmissible in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement, unless Following a recent Supreme Court decision, (1) the police officer has made reasonable efforts to contact a consider amending your Notice of Rights forms parent or guardian of the child, and for all juveniles under 18 to include notice that statements may be used “in any court including (2) such child has been advised that: the adult court if the case is transferred. ” (A) they have the right to contact a parent or guardian and to Sample forms are available on the website. have them present during any interview, (B) they have the right to retain counsel or, if unable to afford counsel, to have counsel appointed for them, (C) they have the right to refuse to make any statement, and (D) any statement they make may be introduced into evidence against them. CGS § 46 b-137(b)

Police Options for Handling Juveniles

Police Options - Delinquency Cases (Graduated Response/Sanctions) • Warn the child and take no further action; • Refer the child to a Juvenile Review Board or other agency for services; (Referral to court should be considered only if diversion is not appropriate. ) • Charge the child with a crime, serve a Juvenile Complaint and Summons, release to responsible adult or agency and refer to court; • Charge the child with a crime, serve a Juvenile Complaint and Summons, release to child’s own custody and refer to court; Release to the Juvenile’s Own Custody This option, while not recommended in most situations, • May be used at any age; • Only use in appropriate cases; • Be mindful of child safety and officer liability issues; • Follow your department policy; • Seek supervisor’s approval; Officer must make reasonable effort to notify and provide a written copy of the complaint & summons to the parent/guardian prior to the court date. Document efforts in your report!

Police Options - Delinquency Cases • Warn the child and take no further action; • Refer the child to a Juvenile Review Board or other agency for services; • Charge the child with a crime, serve a Juvenile Complaint and Summons, release to responsible adult or agency and refer to court; • Charge the child with a crime, serve a Juvenile Complaint and Summons, release to child’s own custody and refer to court; • Arrest the child, obtain a court order and bring to a Juvenile Detention Center;

Impact PA 16 -147 (effective 1/1/2017) Previous Reof asons to Place a Juvenile in Detention (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no less restrictive alternative available and (C) one of the following: 1. a strong probability that the child will run away, Child has a history of running away, 2. a strong probability that the child will commit other offenses was on the run when arrested or injurious to the child or to the community, tells the police they are running away upon release. “You are not going to incarcerate “This is a new way of parenting. ” 3. probable cause to believe that the child's continued residence in the child's home poses a risk to the child or the community children just to protect them. ” because of the serious and dangerous nature of the acts the child is alleged to have committed, Child has a substance abuse problem, is associated with a gang or involved in 4. a need to hold the child for another jurisdiction, prostitution or trafficking. 5. the child has failed to respond to the court process, or 6. the child has violated the conditions of release; Child is out on a suspended detention order for another crime and they fail to abide by a court ordered curfew, order to attend school, remain alcohol or drug free or not associate with known gang members.

Required to Place a Juvenile in Detention After 1/1/2017 (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no less restrictive alternative available and (C) one of the following: 1. 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, 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, or How will the police know? Create your own in-house database of Orders to Take Into Custody received from the court. Check with the juvenile’s home town police department to see if this ground might apply.

Required to Place a Juvenile in Detention After 1/1/2017 (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no less restrictive alternative available and (C) one of the following: 1. 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, 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, or 3. a need to hold the child for another jurisdiction. Risk of harm to the child & violation of conditions of release no longer considered.

In Days Before His Homicide, Hartford Teen Slipped Through State's Grasp March 26, 2017 Nicholas Rondinone, Josh Kovner and Rebecca Lurye • In the last four years, he was reported missing nine times — once for six weeks. • He had been arrested seven times before, and, on three separate occasions earlier this year was the subject of take-into-custody orders for violating his probation. • March 2 nd - A silver alert, was issued when he fled from DCF. • March 8 th - The Newington Police had Keon in custody for possession of marijuana offense and running from an officer. • • On April 5, 2018, Tywone • In the absence of an order from juvenile justice authorities to return him Edwards Jr. who pleaded to detention, Newington police released the teen back to DCF. guilty to killing Keon • Keon walked out of the waiting room of the DCF office and another silver alert was issued on March 10. Huff when he was 17 years On March 16, juvenile authorities issued a take-into-custody order for Keon old was been sentenced to to be returned to detention 20 years in prison. March 17 th - he was found dead from a single gunshot wound.

Required to Place a Juvenile in Detention After 7/1/2018 (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no appropriate less restrictive alternative available and (C) one of the following: 1. probable cause to believe that the level of risk that the child will pose a risk poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, 2. a need to hold the child in order to ensure the child's appearance before the court, or compliance with court process, as demonstrated by the child's previous failure to respond to the court process, or 3. a need to hold the child for another jurisdiction. Risk of harm to the child & violation of conditions of release still not considered. Order to Detain form revised for 2018!!!

Hartford Juvenile Court and Detention Facility

Hartford Juvenile Detention Facility

Bridgeport Juvenile Detention Facility

July Memo About Detention 27

For questions concerning juveniles who are on Probation, including those whose delinquency commitment to DCF has been converted to Probation Supervision, please proceed as follows: 28 “This was only a temporary option for the police to use doing the transition to find out if there was an outstanding TIC for a juvenile. That information is now available on PRAWN. "

Prawn Issues 29

Prawn Issues In September 2018, PRAWN was reprogrammed to accommodate Juvenile Take Into Custody Orders. • Officers should check PRAWN when dealing with juveniles to determine if they are the subject of a Take Into Custody Order; • Police departments executing Take Into Custody Orders in PRAWN should transport the juvenile to the nearest juvenile detention center in the same manner as when executing a paper Take Into Custody Order; 30 • It is not necessary to take the child to the detention center specified on the Order; • The police department executing the Order must then remove the Order from PRAWN upon execution of the Order;

Summary of Court Custody Orders 31

Summary of Court Custody Orders Juvenile Arrest Warrant (JD-JM-176 Rev 7 -18) Used to arrest a juvenile for a delinquent act (crime) when time has elapsed following the offense and there is a need to take the juvenile into custody or to place the juvenile in detention. 32

JUVENILE ARREST WARRANT APPLICATION JD-JM-176 Rev 7 -18 33

JUVENILE ARREST WARRANT JD-JM-176 Rev 7 -18 34

ü Hartford ü ü 50, 000 NOTE: the language, formerly in box A, that used to Hartford permit the police to place a juvenile in a detention center if “the officer is unable to release the child on the child’s own recognizance or locate a parent, guardian or other suitable person or agency willing and able to take custody of the child within a reasonable period of time” has been eliminated. If the juvenile cannot be released as directed, the police should contact the DCF Careline at 860 -5506550, a dedicated law enforcement line, to seek their Hartford assistance in either placing the juvenile in a shelter or taking temporary custody of the juvenile. 1/10/19 10: 30 PM Michael J. Jones If you have a recommendation, tell the prosecutor or the judge when requesting the warrant.

Summary of Court Custody Orders Order to Detain (JD-JM-190 Rev 7 -18) Used when a juvenile has already been arrested for an on sight violation, on speedy information, with exigent circumstances or other basis for a warrantless arrest and placement in detention is requested. 36

ORDER TO DETAIN - PROBABLE CAUSE DETERMINATION REQUEST JD-JM-190 Rev. 7 -18 A. There is probable cause to believe that the level of risk that the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting. B. There is a need to hold the child in order to ensure the child's appearance before the court or compliance with court process, as demonstrated by the child's previous failure to respond to the court process. C. There is a need to hold the child for another jurisdiction. { ✔� 920 Broad Street, Hartford, CT ✔� 8/10/19 10: 30 PM Michael J. Jones

Summary of Court Custody Orders Take Into Custody Order (JD-JM-32 A Rev 7 -18) Issued by the court when a juvenile has failed to appear in court, has violated conditions of probation or other court orders. Order directs the police to arrest a juvenile and place them in detention. 38

ORDER TO TAKE INTO CUSTODY DELINQUENCY JD-JM-32 A Rev. 7 -18 Said child has failed to appear for a court hearing, pretrial ✓ conference or _________ on 8/14/19 after being duly summoned or otherwise ordered by the court to appear, or ✓ ✓ Said child has violated one or more the conditions of release 8/14/19 from detention. ✓ ✓ B. There is a need to hold the child to ensure the child’s appearance ✓ before the court or compliance with court process, as demonstrated by the child’s previous failure to respond to the court process. Now, there, you are hereby ordered to take the above-named child into custody and deliver the child to the custody of the Juvenile Detention Superintendent or designee.

Summary of Court Custody Orders Interstate Compact For Juveniles – Take Into Custody Application & Order – Delinquent Child (JD-JM-192 Rev 6/19) Used when a juvenile residing in another state is wanted for a delinquent act in the juvenile’s home state and is found in Connecticut. 40

INTERSTATE COMPACT FOR JUVENILES TAKE INTO CUSTODY APPLICATION AND ORDER DELINQUENT CHILD JD-JM-192 Rev. 6 -19

By Authority of the State of Connecticut, you are commanded to take the child named in this application into custody and present the child immediately before a judge of the Superior Court Juvenile Matters. If court is not in session, then the child is to be placed in the juvenile detention facility located at 60 Housatonic Avenue, Bridgeport CT 06604 or 920 Broad Street, Hartford, CT 06106, pending a hearing on the next court date.

Summary of Court Custody Orders Interstate Compact For Juveniles – Take Into Custody Application & Order – Non-Delinquent Runaway (JD-JM-193 Rev 6/19) Used when a juvenile residing in another state is reported as a runaway from their home state and is found in Connecticut. 43

INTERSTATE COMPACT FOR JUVENILES TAKE INTO CUSTODY APPLICATION AND ORDER NON-DELINQUENT CHILD JD-JM-193 Rev. 6 -19

By Authority of the State of Connecticut, you are commanded to take the child named in this application into custody and present the child immediately before a judge of the Superior Court Juvenile Matters. If court is not in session, then the child is to be placed in the designated Community Residential Program pending a hearing on the next court date.

For the police officer, probation officer or prosecutorial official: Contact the appropriate Program and Services Supervisor at (860) 214 -4137 or (959) 333 -7913 to arrange for placement in a Community Residential Program.

Emergency Mobile Psychiatric Services ABOUT Community Health Resource 469 Center Street Manchester, CT 06040 Phone: 860 -730 -8668 Fax: 860 -645 -4080 Towns covered: Andover, Bloomfield , Bolton, East Granby, East Hartford, East Windsor, Ellington, Enfield, Glastonbury, Granby, Hebron, Manchester, Marlborough, Somers, http: //www. empsct. org South Windsor, Stafford, Suffield, Tolland, Vernon, Windsor Locks 47

Secure Holding at the Police Station A juvenile may be held in an adult cell as long as they are held “separate and apart” from any adult detainee. Sight and sound separation is recommended. A 16 or 17 year old charged with both juvenile and adult charges may be held in an adult cell, as an adult, with other adults, if the reason for the secure holding is an adult charge or held in a juvenile cell or brought to a juvenile detention center (with a court order) if the reason for the secure holding is a juvenile charge. Juveniles should not be securely confined at police station for more than 6 hours. This used to be a condition of federal funding but it is now in the law. • The time starts when the juvenile is placed in secure holding area and “Any child confined in a community correctional doesn't end until the juvenile leaves the building. center or lockup shall be held in an area separate • Document any reasons for an extended hold beyond 6 hours. and apart from any adult detainee, except in the • Avoid interviewing the juvenile after holding securely beyond 6 hours. case of a nursing infant, and no child shall at any time be held in solitary confinement or held for a • While the consequence for noncompliance is unknown, continue to make period that exceeds six hours. ” every effort to remove the juvenile from custody within six hours. • You can try DCF in the event the judge refuses to sign the Order to Detain due to the lack of applicable grounds to see if they can assist.

Transfer to the Adult Court

Transfer to the Adult Court Before 2012, juveniles age 14 and older charged with class A, B felonies and arson murder were automatically transferred to the adult court; Juveniles age 14 and older charged with class C, D, E or unclassified felonies were transferred to the adult court at the discretion of the prosecutor if the court found probable cause; 2012 - added: “the best interests of child & public are not served by keeping case as a juvenile matter” to the discretionary transfer statute; 2015 - raised the minimum age for any transfer from 14 to 15;

Transfer to the Adult Court Before 2012, juveniles age 14 and older charged with class A, B felonies and arson murder were automatically transferred to the adult court; Juveniles age 14 and older charged with class C, D, E or unclassified felonies were transferred to the adult court at the discretion of the prosecutor if the court found probable cause; 2012 - added: “the best interests of child & public are not served by keeping case as a juvenile matter” to the discretionary transfer statute; 2015 - raised the minimum age for any transfer from 14 to 15; 2015 - moved most but not all class B felonies to the discretionary transfer statute;

Class B felonies not automatically transferrable after 10/1/15 (PA 15 -183): • manslaughter 1 st Manslaughter 1 st § 53 a 55(a)(3) Class B felony: ✓under circumstances evincing an extreme indifference to human life, ✓recklessly engages in conduct ✓creating a grave risk of death to another person, and ✓thereby causes the death of another person Assault 1 st § 53 a-59(a)(3) Class B felony: ✓under circumstances evincing an extreme indifference to human life ✓recklessly engages in conduct ✓creating a risk of death to another person, and ✓thereby causes serious physical injury to another person

Manchester Police continue investigation into fiery crash that killed 3 teens Saturday night MAY 21, 2017, BY CARMEN CHAU. Police said the car was traveling eastbound on Center Street when it hit the utility pole shortly before 1: 30 a. m. , and the car immediately went up in flames, killing three of the five people inside. Two other people in the car were hospitalized with injuries not considered life threatening. All three people who died were in the rear seat, while the survivors were in the front. Police say excessive speed played a role, but it's too early to say whether alcohol or drugs were factors.

Transfer Consequences Sec. 53 a-55. Manslaughter 1 st degree: Class B felony. (a) A person is guilty of manslaughter in the first degree when: (3) under circumstances evincing an extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person. Discretionary transfer Sec. 53 a-59. Assault 1 st degree: Class B felony: (a) A person is guilty of assault in the first degree when: (3) under circumstances evincing an extreme indifference to human life he recklessly engages in conduct which creates a risk of death to another person, and thereby causes serious physical injury to another person; Automatic transfer

Four arrested in connection with 2017 Manchester triple fatal crash Jordan Cross MAY 7, 2018, BY DOUG STEWART AND AISHA MBOWE, On Saturday, a juvenile, turned himself in on a warrant also regarding the fatal crash. He was charged with manslaughter 1 st, assault 1 st, assault 3 rd, and reckless endangerment 1 st. The juvenile was brought to juvenile detention. He also has an outstanding adult warrant charging him with violating operating a motor vehicle without a license, DUI, failure to drive right, reckless driving, and racing. The operator was sentenced to 13 1/2 years on 5/3/19.

C lass B felonies not automatically transferrable after 10/1/15 (PA 15 -183): Robbery 1 st § 53 a-134(a)(1) Class B felony: • manslaughter 1 st ✓ • commit robbery, and assault on DOC employee ✓cause serious physical injury • sexual assault 2 nd (victim under 16) Risk of Injury § 53 -21(a)(2) Robbery 1 st § 53 a-134(a)(2) Sex Assault 2 nd § 53 a-71 Robbery 1 st § 53 a-134(a)(3) • kidnapping 2 nd Class B felony: • burglary 1 st - w/injury or attempted injury (still have contact with the intimate automatic transfer: ✓commit robbery, and engage in sexual intercourse ✓§ 53 a commit robbery, and -101(a)(1) - armed w/explosives, deadlyparts of a child under the age of weapon or dangerous ✓ armed w/a deadly weapon with another person and: ✓use or threaten use a 16 or subjects a child under 16 Burglary 1 st § 53 a-101(a)(1) instrument or § 53 a-101(a)(3) a dwelling at night – even if unoccupied) ✓ the other person is 13 or dangerous instrument to contact with the intimate parts Class B felony: nd. r • arson 2 older but under 16 and the o t u Burglary 1 st § 53 a-101(a)(2) of such person, in a sexual and c ✓ unlawfully enters or remains in e s st o actor is more than 3 years • larceny 1 r Robbery 1 st § 53 a-134(a)(4) p Class B felony: indecent manner likely to impair a building w/intent to commit a e h t older than such other person; th Class B felony: i identity theft 1 st ✓ • unlawfully enters or remains in the health or morals of such crime, and w s e or g r ✓ • a building w/intent to commit a commit robbery, and a child robbery 1 st - w/serious physical injury, use or threatens w/dangerous ✓is armed w/explosives, deadly h c the other person is under 16 ony ✓✓ display or threaten use of what crime, and l weapon or dangerous instrument or displays or threatens the use of what he represents to be a e f and impaired because of B is represented to be a firearm s ✓ ( intentionally, knowingly or s instrument pistol, revolver, rifle, shotgun, machine gun or other firearm; still automatic a l c mental disability or disease to s s recklessly inflicts or attempts u c transfer: § 53 a-134(a)(2) - armed w/deadly weapon ) s i the extent that such other Burglary 1 st § 53 a-101(a)(3) D to inflict bodily injury on • anyone importing child porn person is unable to consent Class B felony: ✓unlawfully enters or remains in • to such sexual intercourse; or possession child porn 1 st ✓the other person is under 16 a dwelling at night w/intent to • computer crime 1 st and physically helpless; commit a crime • computer crime in furtherance of terrorist purposes

Impact of Changes Transfers to the Adult Criminal Court 250 Transfers 200 168 150 185 191 155 150 140 100 131 115 AUTOMATIC DISCRETIONARY 50 45 0 FY 12 31 FY 13 8 5 6 6 FY 14 FY 15 FY 16 FY 17 21 26 FY 18 FY 19 NOTE: FY 12 is 7/1/11 - 6/30/12 • “Best interests of the child” added to discretionary procedure in FY 13 • Class B felonies became discretionary in FY 16 • Minimum age increased in FY 16 • CJTS admissions closed on 1/1/18 Source: Court Operations, Judicial Branch

Other Changes for 2018

2018 Changes: (1) Responsibility for juvenile justice programs and services transferred from DCF to the Judicial Branch and CSSD (effective 7/1/18). (2) CJTS was scheduled to close on June 30, 2018. Actually closed on 4/12/18 “due to declining rate of juvenile and young adult arrests, record low crime rate and the impact of the Governor’s criminal justice Gov. Dannel P. Malloy reforms. ”

Connecticut Juvenile Training School

CJTS residence quarters

CJTS residence common area

CJTS library

CJTS gym

CJTS greenhouse

CJTS classroom

CJTS dining area

CJTS security

2018 Changes (cont’d): (1) Responsibility for juvenile justice programs and services transferred from DCF to the Judicial Branch and CSSD (effective 7/1/18). (2) CJTS was scheduled to close on June 30, 2018. (3) Committed juveniles were released home or placed in staff-secure (unlocked) facilities. (4) Juveniles committed to DCF on July 1, 2018 were put on probation supervision or probation supervision with residential placement after that date. (5) At that time there was no secure treatment facility for convicted delinquents in Connecticut.

Currently, adjudicated juveniles that require secure treatment are placed in the REGIONS program, a designated part of the juvenile detention centers in Hartford and Bridgeport. The program does not provide the services and programming available at CJTS. The physical layout is woefully inadequate compared to the campus setting that existed at CJTS. The capacity of each program is 12. At times there is a waiting list to get into REGIONS. The Judicial Branch is continuing its efforts to establish a new secure facility for adjudicated delinquents. A facility is expected to be online in Hamden later this year. 71

2018 Changes: (6) After July 1, 2018, adjudicated juveniles will be: • discharged with or without a warning; • put on probation supervision or probation supervision with residential placement; (7) Probation supervision and probation supervision with residential placement will be for up to 18 months, with a possible extension of 12 months, for a total of 30 months, regardless of the seriousness of the charge; (Prior to 7/1/18, the maximum commitment was 18 months with possible extension of 18 months, for a total of 36 months for non-SJO charges and 4 years, 48 months, for SJO charges. )

Hypothetical Case • A 14 year old walks into a school with a gun and murders five people; • Because they are under 18, they come to juvenile court; • Because he/she is under 15, he/she cannot be transferred to the adult criminal court; • If convicted of five counts of murder, the maximum consequence will be a period of probation supervision, with or without residential placement, for a period of up to 18 months, with a possible extension for another 12 months, or a total of 30 months, minus any time spent in pretrial detention. • After going four years without further court involvement, following the completion of the probation supervision, they could apply for an erasure of their record after turning 18. How do we explain that to a victim or their family?

New way of parenting? The impact of the Governor’s criminal justice reforms? You decide…

Other recent changes

Other Recent Changes CGS § 53 a-180 Swatting Falsely reporting an incident 1 st, a class D felony, expanded to include making such a false report with the intent to cause a “large scale emergency response” (“swatting”). If requested, the court may order restitution to the state and local departments and agencies that responded. CGS § 53 a-196 h Sexting Minimum ages eliminated, still requires “sexually explicit conduct. ” CGS § 53 a-83 b Commercial Sex Abuse of a Minor Prohibits sexual conduct with a minor for a fee. PA 19 -13 Possession of Tobacco & Vaping Products Raised minimum age to purchase to 21 & expanded places were use is prohibited. Eliminated fine for possession.

Other Recent Changes PA 19 -135 Suspension of prosecution for fire setting Prosecution suspended for one year to participate in a fire starting behavior treatment program. PA 19 -110 Suspension of prosecution for auto theft Prosecution suspended for six months to participate in services to address any condition or behavior related to a delinquency offense involving a motor vehicle. Also says that a juvenile poses a risk to public safety if they have been convicted of two felonies, been on probation twice and are now charged with theft of a motor vehicle. PA 19 -166 Changes definition of bullying (effective 7/1/21) An act that is direct or indirect and severe, persistent or pervasive which causes actual or fear of physical or emotional harm or infringes on the rights or opportunities of an individual at school.

Other Recent Changes PA 19 -187 Confidentiality in Discretionary Transfer Cases Makes the proceedings and records of juvenile cases transferred to the adult criminal court confidential unless and until there is a conviction in the adult court. Allows victims to access the records to the same extent they may access the records of an adult criminal proceeding. Allows the adult court to return an automatically transferred case back to juvenile court if the charges are reduced to a charge that would have made the transfer discretionary. The Hartford Courant has filed a federal lawsuit asking the law to be declared unconstitutional because it “is flatly inconsistent with the longstanding and constitutionally guaranteed right of reporters and other members of the public to attend criminal proceedings and to review court dockets and other records in criminal cases. ”

FWSN Cases FWSN Offenses involve a child (under 18) who: 1. has without just cause run away from his parental home or other properly authorized and lawful place of abode; 2. is beyond the control of his/her parent, parents, guardian or other custodian; 3. has engaged in indecent or immoral conduct; 4. 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; Truancy & defiant of school rules removed from court jurisdiction on August 15, 2017. Don’t let these cases become school-based arrests again. Remaining FWSN offenses will be removed on June 30, 2020.

Reforms Being Considered by the JJPOC

Reforms Being Considered by the JJPOC 1. Raise the minimum age for delinquency from 7 to 12; 2. Make the class B felonies that are still automatic transfers subject to the discretionary transfer procedure; Only class A felonies would be automatic transfers. 3. Eliminate the ability to transfer any class C, D, E or unclassified felonies; Only class B felonies would be discretionary transfers; 4. To transfer a class B felony, a judge would have to find that keeping the juvenile in the juvenile justice system “poses a imminent risk of serious physical injury to the public; ” 5. House transferred juveniles in a juvenile rather than DOC facility; 6. Increase the membership of JJPOC by two community members and two youth (must be under 26 years of age) with first or second-hand justice system involvement;

Responding to Developmentally Disabled Persons

Communication Challenges • Some people with disabilities can understand even if they can not express themselves (expressive language disorder). • Is there a language barrier? • Does the individual need extra time to organize their thoughts or retrieve words? • Is there an anxiety issue preventing the individual from speaking? • On the contrary, some who speak may not understand or may say things out of context (receptive language disorder). • Is hearing an issue? • Does the individual process information slower? • Is there too much information being provided at once? • Is English the primary language? From: “Responding to Individuals with Developmental Disabilities” Peter Tolisano, Psy. D. , ABPP

Communication Tips Language • Speak clearly and softly using short phrases. • Show interest and concern. • Give concrete directions in one or two steps at a time. • Describe what you will be doing beforehand. • Avoid slang expressions, idioms, and metaphors (e. g. , “knock it off, ” “cut it out, ” or “settle down”). • Watch for words that trigger agitation, such as “If/then” statements, as the person might not think contingencies are achievable. • It’s okay to ask the person to repeat themselves or to demonstrate (contextual grounding) something for you. From: “Responding to Individuals with Developmental Disabilities Peter Tolisano, Psy. D. , ABPP”

Communication Tips • Ask the person to repeat back information to check for understanding. • Try other ways to communicate, such as drawings, pictures, cues, gestures, signs, or an I-Pad. • Try to speak with the person directly even if a family or staff member is present. However, there might also be times to seek information from others at the scene, especially those who might know the individual well. • Always speak respectfully in the person’s presence. Use “person-first” language (e. g. , An individual with disability). • Share what you learn about the person with others who will be assisting. From: “Responding to Individuals with Developmental Disabilities Peter Tolisano, Psy. D. , ABPP”

Applying Communication Tips in the Field Choices Offer two to three choices when possible provides the person with a sense of control. These choices may lead to similar outcomes (e. g. , de-escalation). Be mindful that overly negotiating may lead to confusion. Reinforcement Give verbal praise immediately and explicitly (within 30 -60 seconds). Delays don’t reinforce the positive behaviors due to memory deficits. Compassionate Inquiry Give them a better sense of self (e. g. , What does {positive behavior} say or tell us about you? ) Shaping Reward "successive approximations” to the desired goal From: “Responding to Individuals with Developmental Disabilities Peter Tolisano, Psy. D. , ABPP”

Applying Communication Tips in the Field • Allow them extra time to process and respond • Have realistic expectations. • Be consistent with language, especially between responders. • Rephrase questions or restate directives as needed. • Learning problems may interfere with understanding what constitutes “appropriate” behavior. It’s too vague and open to interpretation. Therefore, directives should very specifically convey the expectation. . . From: “Responding to Individuals with Developmental Disabilities Peter Tolisano, Psy. D. , ABPP”

Prepared by: Francis J. Carino Supervisory Assistant State’s Attorney Office of the Chief State’s Attorney 300 Corporate Place Rocky Hill, CT 06067 Tel. : (860) 258 -5826 Fax: (860) 258 -5858 Voice Pager: (860) 490 -0647 (no texts!) E-mail: francis. carino@ct. gov CT Juvenile Law website: www. francarino. com