division of criminal justice kevin t. kane, chief state’s ... · impact of pa 16-147(§6...

STATE OF CONNECTICUT

Division of Criminal Justice Kevin T. Kane, Chief State’s Attorney

Connecticut Juvenile Laws & Procedures

Presentedby:FrancisJ.CarinoSupervisoryAssistantState’sA:orney

March 2017

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Part I Special Rights Afforded in the

Connecticut Juvenile

Justice System2

General Rule: Everything in juvenile court is confidential

Confidentiality

Exceptions: Certain information may be available to:

✓ State agencies involved with the child; ✓ Law enforcement agencies; ✓ Superintendent - if arrested for a felony, class A

misdemeanor or possession of a facsimile firearm; ✓ Victims; ✓ Persons with a legitimate interest; ✓ Department of Motor Vehicles; ✓ The public if arrested for a capital or class A felony; ✓ The public if an escapee or subject of a felony

warrant; ✓ Adult bail and sentencing reports;

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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 against the juvenile.

!Ø For 16 and 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.

The rules applicable to interviewing juveniles under age 16 and those that are 16 or 17 are different.

Police/Court Officials Interviewing Children

Unlike the Miranda requirements that apply to adults, a juvenile does not have to be “in custody” or subject to “interrogation” to trigger the need for an advisement of rights.

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Other Special Rights

Ø Be kept separate and apart, preferably separated by sight and sound, from adult offenders;

Ø Parent may refuse to testify unless victim of violence;

Ø Erasure of juvenile record: Ø automatic - after successful completion of a non-

judicial case or a finding of not delinquent; Ø upon petition - two years after discharge and

turning age 18 if no conviction or pending charges; Ø upon petition - four years after discharge for a

Serious Juvenile Offense (SJO) conviction and turning age 18 if no conviction or pending charges;

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Other Special Rights

Ø Consequences are designed to be rehabilitative in nature;

Ø no fines; Ø primarily probation for three months to one year;

longer for repeat offenders and sex offenders. Ø maximum commitment to DCF:

Ø up to 18 months for non-serious offenses; Ø up to 4 years for serious offenses; Ø either commitment may be extended another

18 months following a hearing; Ø all commitments end when the juvenile turns 20

years old;6

(§6 effective 10/1/16)Impact of PA 16-147

In addition, with respect to proceedings concerning delinquent children, the Superior Court shall have authority to make and enforce such orders as the court deems necessary or appropriate to provide individualized supervision, care, accountability and treatment to such child in a manner consistent with public safety, deter the child from the commission of further delinquent acts, assure ensure that the child is responsive to the court process, ensure that the safety of any other person will not be endangered and provide restitution to any victim.

punish the child

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Part II Types of Cases Handled by the

Connecticut Juvenile

Justice System8

Civil Session Criminal Session

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

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Abused - a child or youth who: (A) has been inflicted with physical injury or injuries other

than by accidental means, or (B) has injuries that are at variance with the history given of

them, or (C) is in a condition that is the result of maltreatment such

as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment;

Child Protection Definitions (CGS §46b-120)

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Neglected - a child or youth who: (A) has been abandoned, or (B) is being denied proper care and attention, physically,

educationally, emotionally or morally, or (C) is being permitted to live under conditions,

circumstances or associations injurious to the well-being of the child or youth;


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Uncared for - a child or youth who is homeless or whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires.


Mandated Reporters!!!

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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

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What must be reported? (NEW PA 15-205)

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.

Any school employee

NOTICE: No age limit!!!!

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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.

Who is a School Employee?

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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.

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When and how is a report made? (CGS §17a-101b & c)

Ø Mandated reporters are required to make an oral report 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 by telephone or in person to DCF or the police.!

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

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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.

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Penalty for filing a false report (CGS §17a-101e(c) & (d))

Any person who knowingly makes a false report of child abuse or neglect shall be referred to the Chief State’s Attorney’s Office for criminal investigation and shall be fined not more than $2000 or imprisoned not more than one year or both.

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What if no abuse or neglect is found? (CGS §17a-101e(b))

Anyone participating in good faith in the making of a report of child abuse and who has reasonable grounds for making the report, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. !Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report.

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When in doubt…

File a Report!!!

Tip:

There is immunity if you do. It is now a CRIME if you don’t.

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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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Basic Jurisdictional Points:

Ø Jurisdiction is determined by the juvenile’s age on the date of the complaint.

For FWSN cases:

Ø Complaints regarding children prior to their 18th birthday may be FWSN cases.

Age on date of complaint

FWSN

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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 a truant from school;5. while in school, has been continuously and overtly defiant of school rules and regulations;

6. 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;

FWSN Cases

After August 15, 2017

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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:

Therefore, a police officer will consider all available alternatives before taking a FWSN child into custody.

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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 child may be released at any time without 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 referring the family to DCF for voluntary services, refer to JRB or other community services, if available, or contacting EMPS (211).

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

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Emancipation of minors (16 & 17)

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Grounds for emancipation: (1) The minor has entered into a valid marriage, whether or not that marriage has been terminated by dissolution; or (2) the minor is on active duty with any of the armed forces of the United States of America; or (3) the minor willingly lives separate and apart from his 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)

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Effects of Emancipation: (1) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability; (2) the minor may enter into a binding contract; (3) the minor may sue and be sued in such minor’s own name; (4) the minor shall be entitled to such minor’s own earnings and shall be free of control by such minor’s parents or guardian; (5) the minor may establish such minor’s own residence; (6) the minor may buy and sell real and personal property; (7) the minor may not be the subject of:

(A) an abuse, neglect or uncared for petition, (B) a delinquency petition, or (C) a FWSN petition;

(8) the minor may enroll in any school or college, without parental consent; (9) the minor shall be deemed to be over 18 for purposes of securing an operator’s license and a marriage license; (10) the minor shall be deemed to be over 18 for purposes of registering a motor vehicle; (11) the parents shall no longer be the guardians of the minor; (12) the parents shall be relieved of any obligations respecting such minor’s school attendance; (13) the parents shall be relieved of all obligation to support the minor; (14) the minor shall be emancipated for the purposes of parental liability for such minor’s acts; (15) the minor may enlist in the armed forces of the United States without parental consent.


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Emancipated minors do not go to Juvenile Court!

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


Emancipated minors are handled like an 18 year old adult.

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Delinquency Cases: ✴ Criminal cases

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Emancipation of minors (16 & 17)31

Basic Jurisdictional Points:

Jurisdiction is 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

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Juvenile Court Adult Court

Ø Venue is still based on the child’s town of residence. See http://www.francarino.com/Venue.htm for list of towns and the juvenile courts serving those towns.

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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 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;

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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:

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Laws Impacting Juveniles Decriminalizing Marijuana

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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 OFFENSES

Possession of <1/2 oz of marijuana (§21a-279a) is a violation and possession of drug paraphernalia for use with <1/2 oz of marijuana (§21a-267(d)) is an infraction.

Possession of <½ ounce of marijuana is not “legal,” it just won’t get you incarcerated, if you are an adult.

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Persons under 21 convicted of possession of <½ ounce of marijuana or drug paraphernalia for use with <½ ounce of marijuana also face DMV penalties: Ø license suspension for 60 days; or Ø 150 day delay to obtain license. The Legislature omitted provision that mandates the juvenile court to notify DMV of conviction for purposes of DMV license sanctions;

PA 11-71 AAC THE PENALTY FOR CERTAIN NONVIOLENT DRUG OFFENSES

In recent surveys: 46% of adults ages 18 to 24 said they would prefer having internet access over a car;

15% of adults from the1950’s and 1960’s answered the same. Source: Gartner Research

50% of 16 year olds had acquired their license in 1978; in 2008, the number dropped to 30%;

Source: US DOT

85% of high school seniors had their license in 1996; in 2012, the number dropped to 73%;

Source: Centers for Disease Control

From 2006 to 2012, number of insured drivers 14 -19 dropped 12%;while the population in that age group dropped only 3%;

Source: Highway Loss Data Institute

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New law (PA 15-2 Jun Spec Sess): The possession of any quantity of any controlled substance,

except under 1/2 ounce of marijuana, is now a class A misdemeanor.

For a second offense, the defendant will be evaluated for drug dependency and, if dependent, prosecution may be

suspended for treatment.

For any subsequent offense, defendant may be found to be a persistent offender and sentenced for a class E felony (up

to 3 years).

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Writethisatschoolandyouwillbechargedwithafelony(CGS§53a-61aa,madeaclassCfelonybyPA16-67)…

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Creepy Clown Threats

Makeoneofthesethreatsatschoolandyoucouldbechargedwithafelony…

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Bringthistoschoolandyouwillbechargedwithamisdemeanor(CGS§21a-279(a))*

Whichisthebiggerthreat?

(*Unlesschargedwithpossessionwithintenttosellbasedontheamount,packaging,etc.)

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Part III Processing a Juvenile Case

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Delinquency cases come to the juvenile court in two ways:

➢ Arrest and DetentionRequires: ✓ Arrest warrant ✓ Take Into Custody Order (TIC) ✓ Order to DetainProcedure: ✓ If not released, court hearing the next business day; ✓ Represented by counsel; ✓ Probable Cause finding; ✓ Finding of no less restrictive alternative; ✓ Finding of one or more of the grounds for detention; ✓ Review every week; ✓ May be suspended w/conditions;

Regardless of the seriousness of the charge!

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(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, 2. a strong probability that the child will commit other offenses

injurious to the child or to the community,

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 because of the serious and dangerous nature of the acts the child is alleged to have committed,

4. a need to hold the child for another jurisdiction,5. the child has failed to respond to the court process, or

6. the child has violated the conditions of release;

Previously Required to Place a Juvenile in Detention

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1. a strong probability that the child will run away, 2. a strong probability that the child will commit other offenses

injurious to the child or to the community,

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 because of the serious and dangerous nature of the acts the child is alleged to have committed,

4. a need to hold the child for another jurisdiction,5. the child has failed to respond to the court process, or

6. the child has violated the conditions of release;

Child has a history of running away or tells the police they are running away upon release.

Child has a substance abuse problem, is associated with a gang or involved in prostitution or trafficking.

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.

Impact of PA 16-147 (effective 1/1/2017)

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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.

Required to Place a Juvenile in Detention After 1/1/2017

Risk of harm to the child & violation of conditions of release no longer considered.Some creativity may be required when making requests for detention. Examples: • a child on the run may commit larceny, burglary, robbery tor engage in drug dealing,

prostitution or gang activity to survive; • a child engaged in any of those activities poses a risk to public safety; • gang members, pimps and traffickers pose a risk to public safety because they are

commonly associated with weapons and violence.

How will the police know?

The court may consider a suspended detention order with graduated sanctions based on the detention risk assessment.

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Delinquency cases come to the juvenile court in two ways:

➢ Arrest and Detention

➢ Juvenile Summons & Complaint

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POLICE

SCHOOL

PARENT

COURT & PROSECUTOR

PROBATION SUPERVISOR

Reject

Accept

Non-Judicial

Judicial

“would the facts, if true, be sufficient to be a juvenile matter & do the interests of the public or the child require that further action be taken” CGS §46b-128

THEDELINQUENCYINTAKEPROCESS-Summons

Not eligible for NJ handling: (1) Juvenile is charged with: § SJO, felony or Arson Murder § MV theft or unlawful use or operation § sale, or possession w/intent to sell, any illegal drugs or § the use or possession of a firearm.

(2) Juvenile was previously convicted delinquent or adjudged a FWSN; (3) Juvenile had two prior NJ cases; (4) Offense occurred while under supervision; (5) The offense warrants judicial intervention. PB §27A-4

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Processing a Juvenile CaseNon-Judicial Handling

Eligibility:

✦ Available for first or second time offenders;✦ Charge cannot:

✦ Willing to sign a Statement of Responsibility;

Note: “Serious Juvenile Offense” (SJO) designation is made by the Legislature for certain crimes and listed in the statutes.

✴ be a felony or SJO* ✴ involve a motor vehicle, ✴ involve the sale of drugs, ✴ possession of a weapon;

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Non-Judicial Handling

✦ Dismiss with a warning;✦ Supervision for a period up to 180 days;

Ø counseling;Ø community service;Ø restitution;Ø drug testing;Ø essay;

Dispositional Alternatives:

Ø apology;

Processing a Juvenile Case

If successfully completed ➜ no conviction & automatic erasure.

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3. Pretrial motions4. Trial

6. Post trial motions7. Competency hearing8. Interstate Compact proceedings9. Appeal proceedings

1. Arraignment 2. Pretrial

5. Disposition

Judicial Handling

Processing a Juvenile Case

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✦ Dismiss with a warning;✦ Probation;

Ø counseling;Ø community service;Ø restitution;Ø drug testing;Ø essay;

Dispositional Alternatives:

Ø apology;✦ Suspended Commitment to DCF;✦ Commitment to DCF;

Ø 18 months/4 years (SJO);Ø Residential Facility/CJTS (boys) or Pueblo (girls)

Processing a Juvenile CaseJudicial Handling

Similar to Non-judicial handling except now there is a conviction.

A violation of probation would only be filed if there is a new arrest or if the imposition of graduated sanctions was no longer appropriate.

After a hearing and for good cause, conditions of probation can be modified or extended.

No statutory maximum period that probation can be imposed. No practical consequence for a violation after age 20 however.

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Part IV Transfer to

the Adult Court

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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.

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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



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;


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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;

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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



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


Some Class B Felonies

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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

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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

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Age on date of offense

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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

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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;

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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?

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2. Emphasis on rehabilitation with some consideration of punishment, deterrence & public safety;3. Least restrictive alternatives/Graduated sanctions;

5. Role of the Juvenile Probation Officer;

Basic Differences Between Juvenile and Adult Courts

1. Confidentiality to protect the juvenile;

6. Effect of age eighteen;

4. Limited sentencing alternatives;

7. Possible erasure of record;

But it is still a court of law!

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Part V Employment in Law

Enforcement or Juvenile Justice

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The key to getting a job in juvenile justice is to get

your foot in the door.

✴ Volunteer ✴ Intern ✴ Job Shadow ✴ Work for associated provider ✴ Work for large urban department

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http://www.ct.gov/post/cwp/view.asp?a=2062&q=291738

10 Entry Level Openings!!!

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http://www.jud.ct.gov

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http://www.ct.gov/dcf/cwp/view.asp?a=2553&q=314424&dcfNav=|

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Helpful Website

http://www.francarino.com‣ Connecticut Juvenile Law website:

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http://www.francarino.com

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“My future starts when I wake up every morning…" Miles Davis

Final thought…

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Francis J. Carino Supervisory Assistant State’s Attorney

Office of the Chief State’s Attorney 300 Corporate PlaceRocky Hill, CT 06067Tel.: (860) 258-5826Fax: (860) 258-5858

E-mail: [email protected] CT Juvenile Law website: www.francarino.com

Presented by:

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division of criminal justice kevin t. kane, chief state’s ... · impact of pa 16-147(§6...

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