Connecticut Juvenile Laws & ProceduresEffective Police Interactions with Youth is a one-day training that provides ... information that a child has been convicted as delinquent for

State of Connecticut Division of Criminal Justice

Kevin T. Kane, Chief State’s Attorney

Prepared by: Francis J. Carino, Supervisory Assistant State’s Attorney

Connecticut Juvenile Laws & Procedures

Fairfield County Detective Conference Fairfield, CT April 12, 2016

FAIRFIELD

COUNTY

DETECTIVE

CONFERENCE

WARNING!This presentation and the slides that follow are the work product and intellectual property of Francis J. Carino and the Connecticut Division of Criminal Justice. They may not be used, copied or otherwise presented or reproduced without the express written consent of Francis J. Carino or the Connecticut Division of Criminal Justice.

NOTE: This material was updated on March 28, 2016 and is subject to change after that date as new laws get passed and new court decisions are rendered. You should refer to the current laws and decisions when taking any action.

!EFFECTIVE POLICE INTERACTIONS WITH YOUTH

!Effective Police Interactions with Youth is a one-day training that provides patrol officers with information to better understand youth behavior and with practical strategies for interacting with young people in positive ways. Over 1,900 persons have attended 96 sessions in Connecticut since 2007. !DATES: Friday, November 20, 2015 Wednesday, December 9, 2015 Wednesday, April 6, 2016 Thursday, May 12, 2016

TIME: 8:00 am to 3:00 pm

PLACE: Courtyard by Marriott, 4 Sebethe Drive, Cromwell.

COST: No registration fee.

!CONTACT: Ms. Valerie LaMotte at 860-418-6316 or [email protected]

EFFECTIVE SCHOOL STAFF INTERACTIONS W/STUDENTS & POLICE The newest initiative of the Juvenile Justice Advisory Committee is the Effective School Staff Interactions with Students and Police curriculum that trains all staff in 10 middle and high schools. School personnel are trained to use disciplinary data and protocols with police to ensure a consistent response to student misbehavior, particularly with minority students, without changing school policies. Staff from other schools are welcome to attend.

WHEN: October 2015 8 dates (6 Shelton, 2 Cromwell) November 2015 8 dates (5 Shelton, 3 Cromwell) December 2015 7 dates (5 Shelton, 2 Cromwell) March 2016 7 dates (5 Shelton, 2 Cromwell) April 2016 7 dates (5 Shelton, 2 Cromwell) May 2016 8 dates (5 Shelton, 3 Cromwell) June 2016 3 dates (3 Shelton)

TIME: 8:00 am to 3:00 pm

PLACE: Courtyard by Marriott, Shelton & Cromwell.

COST: No registration fee.

!CONTACT: Ms. Valerie LaMotte at 860-418-6316 or [email protected]

This presentation will be available at !

www.francarino.com!in the “Police Recertification Training Modules” section.

Topics to be covered today: !

1. Juvenile law changes for 2015 2. Types of cases handled by the Juvenile Court

• Child Abuse/Neglect including mandated reporting laws

• FWSN including police duties in FWSN cases • Emancipation • Delinquency including the marijuana law

3. Police options for handling delinquency cases including using the juvenile detention centers

4. Law applicable to interviewing juveniles 5. Handling domestic violence cases when the offender is

under 18 6. What’s coming up 7. Helpful website references

Three significant changes for 2015:!

✓ Transfer to the adult criminal court (PA 15-183)!

✓ New mandated reporting requirement for “school employees” (PA 15-205)!

✓ Increased penalties for any mandated reporter that fails to make a timely report (PA 15-205)

Still not addressed:!

✓ Amend CGS §46b-124(m) to include marijuana convictions!

!!!✓ Validity of consent to search given by a 16/17 year old

motor vehicle operator

(m) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, containing information that a child has been convicted as delinquent for a violation of subdivision (e) of section 1-1h, subsection (c) of section 14-147, subsection (a) of section 14-215, section 14-222, subsection (b) of section 14-223, subsection (a), (b) or (c) of section 14-224, section 30-88a or subsection (b) of section 30-89, shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether administrative sanctions regarding such child’s motor vehicle operator’s license are warranted. Records disclosed pursuant to this subsection shall not be further disclosed.

Delinquency Offenders: Transfer to the Adult Court

“These children (CJTS residents) should be served in the community and the ones who are too violent to be housed in the community should go to a Department of Correction facility for youth.”

In 2014, there were 192 transfers to the adult criminal court out of about 11,300 cases.

QUALIFYING OFFENSES

Capital Felonies Class A Felonies Class B Felonies CGS §53a-54d (Arson Murder)

!PROCEDURE

Automatic transfer. Class B Felonies and certain Class A sexual assault cases may be returned to juvenile court upon motion of the State's Attorney.

Discretionary Transfer

CGS §46b-127(b)

Class C Felonies Class D Felonies Class E Felonies Unclassified Felonies

Prosecutor’s motion; To transfer, court must find probable cause;

Transfer to the Adult Court - Prior to 2012

Automatic Transfer

CGS §46b-127(a)

!TRANSFER TYPE

Adult court may return case to juvenile court.

and best interests of child & public are not served by keeping case as a juvenile matter;

QUALIFYING OFFENSES

Capital Felonies Class A Felonies Class B Felonies CGS §53a-54d (Arson Murder)

!PROCEDURE

Automatic transfer. Class B Felonies and certain Class A sexual assault cases may be returned to juvenile court upon motion of the State's Attorney.

Discretionary Transfer

CGS §46b-127(b)

Class C Felonies Class D Felonies Class E Felonies Unclassified Felonies

Prosecutor’s motion; To transfer, court must find probable cause

Transfer to the Adult Court - After 2012

Automatic Transfer

CGS §46b-127(a)

!TRANSFER TYPE

Consider: ✓any prior criminal or juvenile offenses; ✓seriousness of such offenses; ✓evidence of intellectual disability or mental illness; ✓availability of services in juvenile court;

Adult court may return case to juvenile court.

A child transferred from the juvenile court to the adult court loses all juvenile protections including the right to:

✓ be kept separate from adult offenders;

✓ confidentiality;

✓ a maximum sentence of 4 years in a juvenile facility;

✓ get their record erased;

Consequences of a Transfer

✓ automatic suppression of statements made to police without a parent present;

and best interests of child & public are not served by keeping case as a juvenile matter;

QUALIFYING OFFENSES

Capital Felonies Class A Felonies Some Class B Felonies CGS §53a-54d (Arson Murder)

!PROCEDURE

Automatic transfer. Class B Felonies and certain Class A sexual assault cases may be returned to juvenile court upon motion of the State's Attorney.

Discretionary Transfer

CGS §46b-127(b) Class C Felonies Class D Felonies Class E Felonies Unclassified Felonies

Prosecutor’s motion; To transfer, court must find probable cause

Automatic Transfer

CGS §46b-127(a)

!TRANSFER TYPE

Consider: ✓any prior criminal or juvenile offenses; ✓seriousness of such offenses; ✓evidence of intellectual disability or mental illness; ✓availability of services in juvenile court;

Transfer to the Adult Court - After 2015

Adult court may return case to juvenile court.

Some Class B Felonies

The class B felonies no longer automatically transferrable after 10/1/15 (PA 15-183):

• manslaughter 1st • assault on DOC employee • sexual assault 2nd (victim under 16) • kidnapping 2nd • burglary 1st - w/injury or attempted injury (still automatic: §53a-101(a)

(1) - armed w/explosives, deadly weapon or dangerous instrument or §53a-101(a)(3) a dwelling at night - even if not occupied) arson 2nd

• larceny 1st • identity theft 1st • robbery 1st - w/serious physical injury, use or threatens w/dangerous

instrument or displays or threatens the use of what he represents to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; (still automatic: §53a-134(a)(2) - armed w/deadly weapon)

• importing child porn • possession child porn 1st • computer crime 1st • computer crime in furtherance of terrorist purposes

Manslaughter 1st §53a-55(a)(1) Class B felony:!✓ intent to cause serious physical injury!✓ cause the death of such person or third person

Assault 1st §53a-59(a)(1) Class B felony:!✓ intent to cause serious physical injury!✓ cause such injury to such person or to a third

person!✓ by means of a deadly weapon or dangerous

instrument

Burglary 1st §53a-101(a)(2) Class B felony:!✓ unlawfully enters or remains in a building w/intent to commit

a crime, and!✓ intentionally, knowingly or recklessly inflicts or attempts to

inflict bodily injury on anyone

Burglary 1st §53a-101(a)(1) Class B felony:!✓ unlawfully enters or remains in a building w/intent

to commit a crime, and!✓ is armed w/explosives, deadly weapon or

dangerous instrument

Burglary 1st §53a-101(a)(3) Class B felony:!✓ unlawfully enters or remains in a dwelling at night

w/intent to commit a crime

Robbery 1st §53a-134(a)(1) Class B felony:!✓ commit robbery, and!✓ cause serious physical injury

Robbery 1st §53a-134(a)(2) Class B felony:!✓ commit robbery, and!✓ armed w/a deadly weapon

Robbery 1st §53a-134(a)(3) Class B felony:!✓ commit robbery, and!✓ use or threaten use a dangerous instrument

Robbery 1st §53a-134(a)(4) Class B felony:!✓ commit robbery, and!✓ display or threaten use of what is represented to be a

firearm

Sex Assault 2nd §53a-71 Class B felony:!engage in sexual intercourse with another person and: !✓ the other person is 13 or older but under 16 and the actor

is more than 3 years older than such other person; or !✓ the other person is under 16 and impaired because of

mental disability or disease to the extent that such other person is unable to consent to such sexual intercourse; or !

✓ the other person is under 16 & physically helpless;

Risk of Injury §53-21(a)(2) Class B felony:!have contact with the intimate parts of a child under the age of 16 or subjects a child under 16 to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child

No Longer Automatic Transfer Still Automatic Transfer

Age on date of offense

18

Juvenile Court Adult Court

No matter how serious the crime or how extensive the prior record might be, a child under age fourteen cannot be transferred.

Fourteen is the minimum age for transfer to the adult court.

Age of Transfer:

151413

Fifteen

fifteen

After October 1, 2015

Transfer to the Adult Court

General criteria used for the transfer decision: !If convicted, considering: !Ø the nature of the offense Ø the juvenile’s involvement in the offense Ø the juvenile’s prior record Ø previous attempts to rehabilitate the juvenile Ø the need to protect the public safety !

will the offender be sentenced to a period of long term, secure incarceration?

Civil Session Criminal Session

Child Protection (under 18) Cases:

✴ Abused children & youth ✴ Neglected children & youth ✴ Uncared for children & youth ✴ Termination of Parental Rights

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Mandated reporter responsibility

What must be reported? (CGS §17a-101a)

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

Ø has been abused, neglected or

Ø has had non-accidental physical injury, or injury which is at variance with the history given of such injury

Ø is placed in imminent risk of serious harm

Police are also required to make a report of child abuse/neglect whenever a 16 or 17 year old is arrested for prostitution; (CGS §46-133(d)(2))

Include in your report any evidence that the accused acted alone or willingly.

What must be reported? (NEW PA 15-205)Any school employee is required to report or cause a report to be made when, in the ordinary course of their employment has reasonable cause to suspect or believe that: • a person being educated by the technical high school system or a local or

regional board of ed, other than as part of an adult ed program, • is a victim under the provisions of:

• §53a-70 (Sexual assault 1st), • §53a-70a (Aggravated sexual assault 1st), • §53a-71 (Sexual assault 2nd), • §53a-72a(Sexual assault 3rd), • §53a-72b (Sexual assault 3rd with a firearm) or • §53a-73a (Sexual assault 4th), and

• the perpetrator is a school employee.

NOTICE: No age limit!!!!

CGS §53a-65(13) “School employee” means: (A) A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary, middle or high school or working in a public or private elementary, middle or high school; or (B) any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in (i) a public elementary, middle or high school, pursuant to a contract with the local or regional board of education, or (ii) a private elementary, middle or high school, pursuant to a contract with the supervisory agent of such private school.

What is reasonable cause to suspect or believe? (NEW PA 15-205)

A mandated reporter's suspicion or belief may be based on factors including, but not limited to: • observations, • allegations, • facts or • statements • by a child, victim, or third party. !Such suspicion or belief does not require certainty or probable cause.

When and how is a report made? (CGS §17a-101b & c)Ø Mandated reporters are required to make an oral report,

by telephone or in person to DCF or the police, as soon as practical but not later than twelve hours after the mandated reporter has reasonable cause to suspect or believe that a child has been abused or neglected or placed in imminent risk of serious harm or a student is the victim sexual assault by a school employee.

!

Ø If the police receive an oral report, they shall immediately notify DCF.

!

Ø A written report (DCF form 136) shall be filed within 48 hours of the oral report.

What is the penalty for failing to report? (CGS §17a-101a)

Fine of not less than $500 nor more than $2500 and required participation in an educational and training program.⊘PA 13-297 - Effective 10/1/13 - the penalty for the failure of a mandated reporter to make a timely report of suspected child abuse or neglect goes from a $500 - $2500 fine to a class A misdemeanor.

PA 15-205 - Effective 10/1/15 - the penalty is a class E felony if the violation is: • a subsequent violation, or • was wilful, intentional or due to gross negligence, or • if the person had actual knowledge that the victim was abused or

neglected or the victim of one of the listed crimes.

Mandated reporters could also be sued for damages if further injury is caused to the child because they did not act.

Reporting Child Abuse and Neglect

Department of Children and Families

Where do you call? !To report suspected abuse/neglect: Child Abuse and Neglect Hotline (Available: 24/7) !For information about available services: DCF Information and Referral services (Available: 8:30 am to 5:00 pm, Monday - Friday) !The Hotline: 1-800-842-2288 TDD Number: 1-800-624-5518 Dedicated Police Number: 860-550-6550 !!The Hotline is staffed by full-time, highly-skilled professionals of DCF who receive and process reports of alleged child abuse and neglect. The Hotline worker gathers critical information from the caller to determine if a report meets Connecticut's statutory criteria for child abuse or neglect. Those reports that meet the criteria are forwarded to a DCF case investigator for prompt and appropriate action.

When in doubt…

File a Report!!!There is immunity if you do.

It may be a CRIME if you don’t.

Civil Session Criminal Session

Child Protection (under 18):

✴ Abused children & youth ✴ Neglected children & youth ✴ Uncared for children & youth ✴ Termination of Parental Rights

Family With Service Needs (FWSN) Cases (under 18):

✴ Runaway ✴ Beyond Control ✴ Indecent/Immoral Conduct ✴ Truancy ✴ Defiant of School Rules ✴ Sexual Misconduct

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FWSN Cases

FWSN Offenders

ØBe placed in a cell with adult offenders;

ØBe placed in a cell designed for a child or adult;

ØBe held in custody for more than 12 hours;

ØBe admitted to a juvenile detention center;

CANNOT:

These children have not been charged with a crime so they cannot be held securely.

Officer shall: 1. promptly attempt to locate the child; 2. if located, report the location of the child to the parent or guardian; 3. assess the child’s safety status - not in the statute

Officer may: 1. transport the child home or to the home of any other person; 2. refer the child to juvenile court; 3.hold the child in protective custody for up to 12 hours to determine a more

suitable disposition of the matter, provided (A) the child is not held in any locked room or cell and (B) the officer may release the child at any time without taking further action; or

4. transport or refer a child to any public or private agency serving children, with or without the agreement of the child. This might include contacting EMPS (211), if available, refer to DCF for voluntary services, refer to JRB or other community services, if available.

Duties of Police in FWSN Cases (46b-149a)

Emergency Mobile Psychiatric Services

http://www.empsct.org

“Youth In Crisis” (YIC) Law No Longer Exists

The Youth In Crisis (YIC) law was repealed. !Persons under the age of 18 that commit non-delinquent status offenses (runaway, beyond control, indecent/immoral behavior, etc.) are now handled as Family With Service Needs (FWSN) cases.

NOTE: While the category of “Youth In Crisis” has disappeared, “Youthful Offender” (persons under 18 in the adult criminal court) remains.

Civil Session Criminal Session

Child Protection (under 18): ✴ Abused children & youth ✴ Neglected children & youth ✴ Uncared for children & youth ✴ Termination of Parental Rights

Family With Service Needs (FWSN) Cases (under 18):

✴ Runaway ✴ Beyond Control ✴ Indecent/Immoral Conduct ✴ Truancy ✴ Defiant of School Rules ✴ Sexual Misconduct

Emancipation of minors (16 & 17)

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Grounds for emancipation: (1) the minor has entered into a valid marriage, even if

terminated by dissolution; or (2) the minor is on active duty with the U.S. military; or (3) the minor willingly lives separate and apart from their

parents or guardian, with or without the consent of the parents or guardian, and that the minor is managing their own financial affairs, regardless of the source of any lawful income; or

(4) for good cause shown, it is in the best interest of the minor, any child of the minor or the parents or guardian of the minor, the court may enter an order declaring that the minor is emancipated.

Emancipation of Minors (CGS §46b-150)

Effects of Emancipation: The minor: 1. may consent to medical, dental or psychiatric care, without parental

consent, knowledge or liability; 2.may enter into a binding contract; 3.may sue and be sued in such minor’s own name; 4.is entitled to their earnings and is free of control by their parents; 5.may establish such minor’s own residence; 6.may buy and sell real and personal property; 7.may not be the subject of an abuse, neglect or uncared for petition, FWSN

petition, or delinquency petition; 8. may enroll in any school or college, without parental consent; ( 9. shall be deemed to be over 18 for purposes of securing an operator’s

license, a marriage license or for purposes of registering a motor vehicle; 10.may enlist in the U.S. armed forces without parental consent; The parents: 1.are no longer the guardians of the minor; 2.are relieved of any obligations for the minor’s school attendance, any obligation to support the minor and any parental liability for the minor’s acts;

Emancipation of Minors (CGS §46b-150)

Emancipated minors do not go to Juvenile Court!

They cannot be found to be: • abused • neglected • uncared for • FWSN • delinquent

Emancipation of Minors (CGS §46b-150)

Look for an Order of Emancipation or a valid Marriage Certificate to establish

emancipation status.

Civil Session Criminal Session

Child Protection (under 18): ✴ Abused children & youth ✴ Neglected children & youth ✴ Uncared for children & youth ✴ Termination of Parental Rights

Family With Service Needs (FWSN) Cases (under 18): ✴ Runaway ✴ Beyond Control ✴ Indecent/Immoral Conduct ✴ Truancy ✴ Defiant of School Rules ✴ Sexual Misconduct

Delinquency Cases: ✴ Criminal cases

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Emancipation of minors (16 & 17)

Basic Jurisdictional Points:

Jurisdiction is now determined by three factors: Ø the offense, Ø the juvenile’s age on the date of the offense, and Ø the law in effect on the date of the offense.

For delinquency cases:

Age on date of offense

18

Juvenile Court Adult Court

Ø Venue is still based on the child’s town of residence.

Ø Generally, crimes committed prior to turning 18 are now handled in the Juvenile Court.

Delinquency Cases

Delinquency cases involve a child who prior to age 16 has violated any:

2. court order in a delinquency case; Ø suspended detention orders

3. condition of their juvenile probation;

1. Ø federal law, Ø state law (including infractions) or Ø municipal or local ordinance;

4. failure to appear for a juvenile court hearing;

delinquencycourtorder;

juvenileproba4on;

Violate:anyfederalcriminallaw,astatelaw✴aviola4on,✴aninfrac4on,✴aTitle14MVoffense,✴failuretopayorpleador✴FTAinanadultcourtcase;

FTAforajuvenilecourthearing;

Juvenile

adultcourtorder;

adultproba4on;

Adult

Violate:alocalormunicipalordinance;astatelawthatis:✴aviola4on,✴aninfrac4on,✴aTitle14MVoffense,✴failuretopayorpleador✴FTAinanadultcourtcase;

Effective 7/1/12, a 16 or 17 year old will be handled as:

Except the marijuana law! Except the marijuana law!

Delinquency Cases

otherthan:

Although all other violations or infractions committed by 16 and 17 year olds are adult matters, these two are juvenile matters; Ø Penalty for person 18 or older is a fine. Ø Penalty for juveniles 17 and under could be a commitment

up to 18 months with possible 18 month extension;

PA 11-71 AAC THE PENALTY FOR CERTAIN NONVIOLENT DRUG OFFENSESPossession of <1/2 oz of marijuana is a violation and possession of drug paraphernalia for use with <1/2 oz of marijuana is an infraction.

Despite what the statute says, DO NOT destroy the evidence in juvenile cases because they must still be proven beyond a reasonable doubt.

Sec. 21a-279a. Penalty for illegal possession of small amount of cannabis-type substance.

(b) The law enforcement officer issuing a complaint for a violation of subsection (a) of this section shall seize the cannabis-type substance and cause such substance to be destroyed as contraband in accordance with law.

Ø Warn the child and take no further action;Ø Refer the child to a Juvenile Review Board or other agency for services;Ø Charge the child with a crime, serve a Juvenile Complaint and Summons,

release to responsible adult or agency and refer to court;

Ø Charge the child with a crime, serve a Juvenile Complaint and Summons, release to child’s own custody and refer to court;

Police Options - Delinquency Cases

Ø May be used at any age; Ø Only use in appropriate cases; Ø Be mindful of child safety and officer liability issues; Ø Follow your department policy; Ø Seek supervisor’s approval;

This option, while not recommended in most situations,

Release to the Juvenile’s Own Custody

Officer must make reasonable effort to notify and provide a written copy of the complaint & summons to the parent, guardian or other suitable person or agency prior to the court date.

Document efforts in your report!

Ø Warn the child and take no further action;Ø Refer the child to a Juvenile Review Board or other agency for services;Ø Charge the child with a crime, serve a Juvenile Complaint and Summons,

release to responsible adult or agency and refer to court;

Ø Arrest the child and bring to a Juvenile Detention Center;

Ø Charge the child with a crime, serve a Juvenile Complaint and Summons, release to child’s own custody and refer to court;

Police Options - Delinquency Cases

PA 11-154 AAC DETENTION AND DMC (CGS §46b-133(c)) 1.Requires an court order (arrest warrant, TIC or Order to Detain) for everyone

brought to detention;

!3. There is probable cause and no less restrictive alternative available and:

a. a strong probability that the child will run, or

b. a strong probability that the child will commit or attempt to commit other offenses, or

c. probable cause to believe that the child's continued residence in his/her home pending disposition poses a risk to the child or the community because of the serious and dangerous nature of the act or acts alleged to have been committed, or

d. a need to hold the child for another jurisdiction, or

e. a need to hold the child to assure his/her appearance in court, due to previous failure to appear, or

f. the child has violated one or more of the conditions of a suspended detention order.

4. New Order to Detain form (JD-JM 190) available on PRAWN or Judicial Branch website at: http://www.jud.ct.gov/webforms/forms/jm190.pdf

Placing a Juvenile in a Juvenile Detention Center

2. No longer “emergency” ground – only grounds for detention;

✓✓✓

✓✓✓

!3.The Hotline will dispatch a primary investigator or on-call social worker to

respond to the police department or other location where the child is being held to assist the police officer with locating a responsible adult to assume care for the child. Every effort will be made to assist the police within the six hour time limit for secure holding at the police station.

4.If no responsible adult is available to care for the child, the Hotline manager will invoke a 96-hour hold and place the child.

5.If needed, the DCF will prepare the OTC and neglect petition.

DCF Protocol Hotline Process for Children Arrested by Police

Protocol to use if the police need DCF to assume custody of an arrested child because no responsible adult is available and a judge declines to issue an Order to Detain:

1. The police will call the DCF Hotline at 1-800-842-2288 or 860-550-6550.

2.The Hotline will obtain information from the police department regarding the child's current charges, the situation that led to his or her arrest and the efforts the police made to release the child and obtain resource information for the child including parent information and any other pertinent information in order to begin planning for the child.

A juvenile arrested for a Serious Juvenile Offense, particularly one involving violence, weapons or gang activity, who is released with a Juvenile Summons rather than being admitted to a Juvenile Detention Center, could: !✴ commit or attempt to commit other offenses; ✴ seek revenge or intimidate witnesses or victims; ✴ be more difficult to detain later; ✴ fail to appear in court; ✴ expose the police to liability for failure to detain;

Police should seriously consider placing any juvenile charged with a Serious Juvenile Offense in the Juvenile Detention Center.

When Detention Should Be Considered

When necessary, the new Juvenile Arrest Warrant form, JD-JM-176, Rev 5-10 must be used. The form is available on PRAWN or it can be found and filled out online at: http://www.jud2.ct.gov/webforms/forms/jm176.pdf. !NOTE: For all arrest warrants, juvenile and adult, if a Social Security number is necessary in the affidavit, display it as “XXX-XX-1234.” !When signing the warrant, the judge will also: A.order that the child be released to a responsible adult and served

with a summons or brought to detention and released when possible; or

B.set bail or order detention if bail not posted; C.remand the child to detention upon finding a ground for detention;

Arrest Warrants

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Willimantic

Hartford

Hartford

Hartford

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9/10/15 10:30 PM Michael J. Jones

If you have a recommendation, tell the prosecutor or the judge when requesting the warrant.

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 if the reason for the secure holding is a juvenile charge.

Secure Holding at the Police Station

Juveniles should not be securely confined at police station for more than 6 hours;

•The time starts when the juvenile is placed in secure holding area and doesn't end until the juvenile leaves the building.

•Document any reasons for an extended hold beyond 6 hours.

•Avoid interviewing the juvenile after holding securely beyond 6 hours.

•A DCF protocol exists in the event the judge refuses to sign the Order to Detain due to the lack of applicable grounds.

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 §46b-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 §46b-137(b)

There are now different rules applicable to statements of juveniles under age 16 and those that are 16 or 17.

Taking a Statement From a Juvenile

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 !(1) the police officer has made reasonable efforts to contact a parent

or guardian of the child, and

(2) such child has been advised that:

(A) they have the right to contact a parent or guardian and to 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 § 46b-137(b)

A statement made by a person investigated for or accused of a capital felony or class A or B felony during a custodial interrogation at a place of detention (a police station or barracks, courthouse, correctional facility, community correctional center or detention facility) is presumed inadmissible as evidence against him or her in a criminal proceeding unless: • there is an audiovisual recording of the custodial interrogation

made by an electronic or digital audiovisual device, and • the recording is substantially accurate and not intentionally

altered.

Recorded Confessions - PA 11-174 (CGS §54-1o)

The electronic recordings must be preserved until any conviction for an offense related to the statement is final and direct and habeas corpus appeals are exhausted or the prosecution is legally barred.

The recordings are exempt from disclosure under the Freedom of Information Act and the information can only be transmitted to others as needed to comply with the law.

Handling Family Violence Cases Involving Juveniles

“Family violence crimes” trigger certain mandates and options for police including:

✓ mandatory arrest; !✓ next day court appearance;

✓ certain reporting requirements;

✓ conditions of release;

Because the new definition of “family violence crime” specifically excludes “delinquent acts,” juvenile offenders responsible for such acts are handled like any other delinquent and not subject to the mandates.

The arrest and detention of a juvenile offender should still be considered however if that is the appropriate law enforcement response based on the facts, circumstances, the law and your department policy.

Police mandates associated with family violence cases: ✓ Mandatory arrest

CGS § 46b-38b(a) says that “Whenever a peace officer determines upon speedy information that a family violence crime has been committed within such officer’s jurisdiction, such officer shall arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. ✓ Next day court appearance

CGS §54-1g(a) says that “Any arrested person who is not released sooner or who is charged with a family violence crime as defined in section 46b-38a or … shall be promptly presented before the superior court sitting next regularly for the geographical area where the offense is alleged to have been committed.”

CGS §46b-38a(3) “Family violence crime” means a crime as defined in §53a-24, other than a delinquent act as defined in §46b-120, which, in addition to its other elements, contains as an element thereof an act of family violence to a family or household member.

Since a “delinquent act” is not a “family violence crime,” the mandates do not apply when the offender is under 18 years of age.

Emancipated minors (court order or valid marriage) do not commit “delinquent acts.”

P.A. 12-114 redefined “family or household member” to apply to listed persons regardless of age but it did not change the definition of “family violence crime.”

Police mandates associated with family violence cases: ✓Ability to impose conditions of release

CGS § 46b-133(c) says that “Upon the arrest of any child, an officer, may: (1) release the child to the child’s parent, guardian or other suitable person, (2) at the officer’s discretion, release the child to the child’s own custody, or (3) seek a court order to detain the child in a juvenile detention center.

There is no statutory authority for the police to impose any conditions of release on a juvenile. The Conditions of Release – Family Violence form (JD-CR-146) was revised so it now says, in the “Instructions to Police Officer” at the top of the form, “Do not use this form if the defendant is a juvenile.” There is still a box for the signature of a “Parent/Guardian if minor” but that was meant to apply when there is an order issued in an adult court case such as a civil or family relations case.incident.”

Police mandates associated with family violence cases: ✓ Mandate to file Family Violence Report form (DPS-230-C)

CGS §46b-38d(a) says that “A peace officer who responds to a family violence incident shall complete a family violence offense report, whether or not an arrest occurs.”

CGS §46b-38a(1) says that “Family violence” means an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault, including, but not limited to, stalking or a pattern of threatening, between family or household members.

Whether an arrest is made or not, a Family Violence Report must be filed when a person under the age of 18 is responsible for a “family violence incident.”

55

56

✓

✓

✓✓

Activity Offender Under 18!and not Emancipated

Offender 18 or Older!or Emancipated

Arrest Not Mandatory Mandatory for Family Violence Crime

Next Day Court Appearance

Not Mandatory unless required by specific court (NH & WTBY)

Mandatory for Family Violence Crime

Conditions of Release!

(JD-CR-146)Not set by police May be set by the

police

Family Violence Offense Report!

(DPS 230-C)

Mandatory whether an arrest is made or not

Mandatory whether an arrest is made or

not

Summary of Police Responsibilities

• Raise the age of juvenile court jurisdiction to include 18, 19 & 20 year olds;!

• Treat 21, 22, 23 and 24 year olds as “youthful offenders;”!• Remove from statute the court’s ability to “make and enforce such

orders as the court deems necessary or appropriate to punish the child.”!

• Eliminate from the grounds for detention:!• child is likely to run away!• child is likely to commit other offenses injurious to the child!• child violated the conditions of release from detention!

• That would leave only:!• child is likely to commit other offenses injurious to the

community!• need to hold the child for another jurisdiction!• previous failure to appear!

• Remove truancy and defiance of school rules from the jurisdiction of the court!

• Raise minimum age from 7 to 13.

Proposed Changes

c) Upon the arrest of any child by an officer, such officer may (1) 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) seek a court order to detain the child in a juvenile detention center. No child shall be placed in detention unless [it appears] the court determines 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, through the use of the detention risk screening instrument developed pursuant to section 2 of this act, there is (A) [a strong probability that the child will run away prior to the court hearing or disposition, (B)] 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, [(C) 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, (D)] (B) a need to hold the child for another jurisdiction, [(E)] or (C) 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 (F) a finding by the court that the child has violated one or more of the conditions of a suspended detention order.] No child shall be held in any detention center unless an order to detain is issued by a judge of the Superior Court.

RB #5642 LCO No. 3331 as of 4/11/16

Helpful Website for Police Officers

www.francarino.com

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Prepared by:Francis J. Carino Supervisory Assistant State’s AttorneyOffice of the Chief State’s Attorney 300 Corporate PlaceRocky Hill, CT 06067Tel.: (860) 258-5826Fax: (860) 258-5858Voice Pager: (860) 490-0647E-mail: [email protected] CT Juvenile Law website: www.francarino.com