Connecticut Juvenile Laws Procedures Presented by Francis J

Connecticut Juvenile Laws & Procedures Presented by: Francis J. Carino, Supervisory Assistant State’s Attorney 2020 - 2021 Academic Year

A version of this presentation is 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. Following a recent Supreme Court decision, The key difference between the rules is that: consider amending your Notice of Rights forms for all juveniles under 18 to include notice that Ø For juveniles under age 16 – having a parent or statements may be used “in any court including guardian present is a requirement for the adult court if the case is transferred. ” admissibility of the juvenile’s admission, confession Sample forms are available on the website. 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)

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;

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!!!

Temporary Procedure to Place a Juvenile in Detention • Officer must obtain a court order (Juvenile Arrest Warrant (form JD-JM-176), Order to Detain (form JD-JM-190) or have a Take Into Custody Order signed by a Superior Court Judge; • Officer must call the Juvenile Detention Center to inform them of the potential admission; • The Juvenile Detention Superintendent will contact an Administrative Judge who will then screen the case for admission; • The Juvenile Detention Superintendent or designee will call the Officer back to inform the Officer to bring the juvenile to the Detention Center or that admission was denied; This is a temporary measure put in place to further restrict the admission of juveniles to the Detention Centers during the public health crisis. It may very well become permanent at some point.

Hartford Juvenile Court and Detention Facility

Hartford Juvenile Detention Facility

Bridgeport Juvenile Detention Facility

Prawn Issues 23

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; 24 • 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 25

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. 26

JUVENILE ARREST WARRANT APPLICATION JD-JM-176 Rev 7 -18 27

JUVENILE ARREST WARRANT JD-JM-176 Rev 7 -18 28

ü Hartford ü ü NOTE: 50, 000 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 assistance in either. Hartford 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. 30

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. 32

ORDER TO TAKE INTO CUSTODY DELINQUENCY JD-JM-32 A Rev. 7 -18 child has failed to appear for a court hearing, pretrial ✓Said conference or _________ on 8/14/19 after being duly summoned or otherwise ordered by the court to appear, or ✓ ✓child has violated one or more the conditions of release Said 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, therefore, 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. 34

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. 37

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 1 1 2 l l Ca http: //www. empsct. org 41

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

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: st • manslaughter 1 ✓ • 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) nd § 53 a-71 Sex Assault Robbery 1 st 2 nd § 53 a-134(a)(3) • kidnapping 2 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 § 53 a-101(a)(1) instrument or § 53 a-101(a)(3) a dwelling at night – even 1 st if un occupied) ✓ 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: st i identity theft 1 ✓ • 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 ) 1 st § 53 a-101(a)(3) s i the extent that such other Burglary 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

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 or early next year. 61

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 8/15/17. Don’t let these cases become school-based arrests again. Remaining FWSN offenses were removed on 6/30/20. See www. ctyouthservices. com for information and forms to refer such offenses to the local Youth Service Bureau.

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;

Reforms Being Considered by the JJPOC 6. Decriminalize offenses such as disorderly conduct and breach of peace for juveniles to avoid arrest. 7. Eliminate School Resource Officers; 8. Require police to document “pedestrian stops. ”

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