Connecticut’s Juvenile Detention Law, Procedures

and Forms

January 27, 2017

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

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

1

Public Act No. 16-147AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE

The new law, procedures and forms governing the use of secure juvenile detention in Connecticut effective 1/1/2017.

2

Section 1. Section 46b-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):!!c) Upon the arrest of any child by an officer, such officer may: !!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.

The police options haven’t changed. What changed are the criteria to obtain a court order to place a child in detention.

3

No child [shall] may be placed in detention unless [it appears from] a judge of the Superior Court determines, based on the available facts, that !(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) 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) a need to hold the child for another jurisdiction, !(E) 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]

4

No child [shall] may be placed in detention unless [it appears from] a judge of the Superior Court determines, based on the available facts, that !(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) there is !(i) 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, !

(ii) 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 !

(iii)a need to hold the child for another jurisdiction.

5

Also changed are the criteria to remand a child to detention following a hearing and the use of a “detention risk assessment instrument.”

(e) When a child is arrested for the commission of a delinquent act and is placed in detention pursuant to subsection (c) of this section, such child may be detained pending a hearing which shall be held on the business day next following the child's arrest. No child may be detained after such hearing unless the court determines, based on the available facts, that (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) through the use of the detention risk assessment instrument developed pursuant to section 2 of this act, that there is !(i) probable cause to believe that the child will pose a risk to public !(ii) safety if released to the community prior to the court hearing or !(iii) disposition; !(ii) 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 !(iii) a need to hold the child for another jurisdiction.

6

(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

7

(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;

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)

8

Such probable cause may be shown by sworn affidavit in lieu of testimony. No child shall be released from detention who is alleged to have committed a serious juvenile offense except by order of a judge of the Superior Court. The court may, in its discretion, consider as an alternative to detention a suspended detention order with graduated sanctions to be imposed based on the detention risk assessment for such child, using the instrument developed pursuant to section 2 of this act.

9

}

}

Charge,number&datedon’tma2er.

2NJsupervisioncasessameas2termsofproba4on

Reason,number&datedon’tma1er.

Nouniformchargingpolicies.

10

11

12

13

SECTION 1!Police-based Detention Request Scenarios

14

Scenario #1: Warrantless Arrest:!Police arrest a juvenile for a delinquent act without a warrant, based on speedy information, on sight violation or exigent circumstances, and seek to detain the juvenile already in custody.!The only permissible grounds for the detention of the juvenile are:!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!The police would complete the Order to Detain - Probable Cause Determination Request form (JD-JM-190 Rev. 1-17) and present it, along with an affidavit establishing probable cause, to any Superior Court judge for consideration.

15

16

During regular business hours, a judge may be found in any courthouse open for business. After hours, weekends or holidays, the judge assigned to review emergency writs and warrants should be contacted to review the request.!After reviewing the request, the judge may:!1. find probable cause and one or more of the three grounds

for detention; or!2. find probable cause but none of the grounds for detention; or!3. find there is no probable cause;!If the judge does not find probable cause or any of the grounds for detention, the judge will check off the box in the Order directing that the juvenile “be released from custody.”!If the juvenile cannot be released as directed, the police should contact the DCF Careline at 860-550-6550, a dedicated law enforcement line, for assistance in either placing the juvenile in a shelter or taking temporary custody of the juvenile.

Scenario #1: Warrantless Arrest (continued):

17

Scenario #1: Warrantless Arrest (continued):!Any juvenile not placed in the detention center should be served with a Juvenile Summons (JD-JM-95).!

18

19

If the judge finds probable cause and one or more of the grounds for detention, the judge will grant the Request and order the juvenile transported to the designated juvenile detention center. !Unless there is no need to do so, the judge should also be asked to check off the box in the Order that would cause the juvenile not to be released by the detention staff prior to a court hearing.

Scenario #1: Warrantless Arrest (continued):

20

✔

21

Scenario #1: Warrantless Arrest (continued):!NOTE: although the statute prohibits the release of a juvenile from detention prior to a court hearing if the juvenile is charged with a Serious Juvenile Offense (SJO), and although the decision to release would be made by a senior detention staff person, the judge should still be asked to check the box to ensure that the juvenile will not be released by the detention staff prior to a court hearing.

Since the only permitted grounds for detention would be that the juvenile poses a risk to public safety, is likely to fail to appear for court or is wanted by another jurisdiction, it is difficult to imagine a situation where one of the those grounds has been found by the court yet it would be appropriate for the detention staff to release the juvenile from custody prior to the court hearing.

22

Police arrest a juvenile for a delinquent act with a warrant (JD-JM-176 Rev. 1-17) and seek to detain the juvenile.!The police would prepare the Affidavit contained in the Juvenile Arrest Warrant Application form (JD-JM-176 Rev. 1-17), page 1, and submit it to the prosecutor for review. The Affidavit must be signed and sworn to by the officer. The prosecutor should also sign and date the form at the bottom indicating that it had been reviewed,!The prosecutor would review the Juvenile Arrest Warrant Application submitted by the police and decide whether to charge the juvenile and, if so, what charges to file. If the juvenile will be charged, the prosecutor will complete and sign the Juvenile Petition/Information Arrest Warrant form (JD-JM-176 Rev. 1-17), page 2. The prosecutor will then present pages 1, 2 and 3 of the form to the judge for review.!If the juvenile isn’t charged, the prosecutor should inform the officer submitting the warrant of the reason(s) why.

Scenario #2: Arrest by Warrant:

23

24

25

If the judge finds probable cause, the judge will then select and check one of the three boxes in the Finding on the Juvenile Arrest Warrant form (JD-JM-176 Rev. 1-17), page 3, directing the police to arrest the juvenile and, after processing, do one of the following:!• If box A is checked, the juvenile is to be served with a

Juvenile Summons (JD-JM-95) and released to a suitable person or agency.!

NOTE: the language, formerly in box A, that used to 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 860-550-6550, a dedicated law enforcement line, to seek their assistance in either placing the juvenile in a shelter or taking temporary custody of the juvenile.

Scenario #2: Arrest by Warrant (continued):

26

• If box B is checked, the juvenile may be released and served with a Juvenile Summons (JD-JM-95) if the court ordered bond is posted. (NOTE: the police do not set the bond.)!

• If box C is checked, the juvenile should be brought to the juvenile detention facility designated by the judge.!

NOTE: although the statute prohibits the release of a juvenile from detention prior to a court hearing if the juvenile is charged with a Serious Juvenile Offense (SJO), and although the decision to release would be made by a senior detention staff person, the judge should still be asked to check the box to ensure that the juvenile will not be released by the detention staff prior to a court hearing.!Since the only permitted grounds for detention would be that the juvenile poses a risk to public safety, is likely to fail to appear for court or is wanted by another jurisdiction, it is difficult to imagine a situation where one of the those grounds has been found by the court yet it would be appropriate for the detention staff to release the juvenile from custody prior to the court hearing.

Scenario #2: Arrest by Warrant (continued)

27

✔

28

SECTION 2!Court-based Detention Request Scenarios

29

Scenario #1: Request for detention - juvenile in court and in custody at initial detention release hearing or review hearing:!Juvenile is present in court the next business day following their admission to detention or for their seven day review hearing. !The Juvenile Detention Risk To Public Safety Screen has been completed by the detention staff and the Juvenile Eligibility Screen (JD-JM-214 New 1-17) is submitted to the court with a recommendation to release or detain based on the result of the risk to public safety screen.!The recommendation should be signed by the detention worker completing the screen and approved by the detention supervisor.!The form also contains a “Risk for Failure to Appear” section. Currently, the Juvenile Detention Risk To Public Safety Screen does not include items to assess the risk of failure to appear so that section of the Juvenile Eligibility Screen (JD-JM-214 New 1-17) will be completed in court.

30

The judge will consider the most recent Juvenile Eligibility Screen (JD-JM-214 New 1-17) recommendation provided by the detention staff and any other information presented to the court.!If the judge remands the juvenile to detention, an Order of Detention Suspended Detention form (JD-JM-9 Rev. 1-17) will be completed by the court.!If the judge releases the juvenile on a suspended detention order, the same form will be completed by the court specifying the conditions of release.!Before a suspended detention order may be issued, there must be sufficient grounds to issue an Order of Detention.

Scenario #1: Request for detention - juvenile in court and in custody at initial detention release hearing (continued):!

31

32

Juvenile is present in court for a hearing on a delinquency petition, but is not in custody, and there is a request to remand the juvenile to detention or place them on suspended orders. !If the probation officer or the prosecutor seeks the detention of the juvenile, or the imposition of suspended detention orders, an Application for Order of Detention (JD-JM-9A Rev. 1-17) form would be filed alleging one or more of the three grounds for detention.!The hearing will then be passed so the probation officer can conduct the risk assessment. Upon completion of the risk assessment, the hearing will be resumed and the judge will consider the Juvenile Eligibility Screen (JD-JM-214 New 1-17) recommendation provided by the probation officer and any other information presented to the court.

Scenario #2: Request for detention - juvenile present in court at a hearing but not in custody:

33

34

If the judge remands the juvenile to detention, an Order of Detention Suspended Detention form (JD-JM-9 Rev. 1-17) will be completed by the court.!If the judge releases the juvenile on a suspended detention order, the same form will be completed by the court specifying the conditions of release.!Before a suspended detention order may be issued, there must be sufficient grounds to issue an Order of Detention.

Scenario #2: Request for detention - juvenile present in court at a hearing but not in custody (continued):

35

Juvenile has failed to appear and there is a request to take the juvenile into custody and place them in detention. !If the judge grants the request, the judge will sign an Order To Take Into Custody (JD-JM-32A Rev. 1-17) form. !An Application for Take Into Custody Order (JD-JM-135 Rev. 1-17) is not required when the reason for the request is that the juvenile failed to appear for a court hearing for which the juvenile had notice. !The Order To Take Into Custody (JD-JM-32A Rev. 1-17) form will be given to the police to take the juvenile into custody and deliver the juvenile to the juvenile detention center.!If appropriate, request that the judge also check the box prohibiting the release of the child prior to the court hearing.!Upon arrest, proceed as described in Scenario 1 of this section.

Scenario #3: Request for detention - juvenile not present in court due to failure to appear for a court hearing for which the juvenile had notice:

36

Juvenile is not scheduled to be present in court for a hearing on a delinquency petition but there is a request to take the juvenile into custody and place them in detention or place them on suspended orders. !If the probation officer or the prosecutor seeks to take the juvenile into custody and place them in detention or on suspended orders, an Application for Take Into Custody Order (JD-JM-135 Rev. 1-17) form would be filed along with evidence to establish probable cause and one or more of the three grounds for detention. The probation officer will run a risk screen at this point as well.

Scenario #4: Request for detention - juvenile not present in court and not in custody:

37

38

If the judge finds probable cause and one or more of the grounds for detention, the judge will sign an Order To Take Into Custody (JD-JM-32A Rev. 1-17) form. That form will be given to the police to take the juvenile into custody and deliver the juvenile to the juvenile detention center.!If appropriate, request that the judge also check the box prohibiting the release of the child prior to the court hearing.!Upon arrest, proceed as described in Scenario 1 of this section.

Scenario #4: Request for detention - juvenile not present in court and not in custody:

39

✔

40

Document and send to me the facts and circumstances!of any case where problems are caused by these

procedures and forms so solutions can be recommended.

The training video and PowerPoint presentation used for CSSD staff training can be viewed at:!

http://www.newhaven.edu/lee-college/institutes/Tow-Youth-Justice-Institute/juvenile-justice-policy-oversight-committee/training/

41

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: francis.carino@ct.gov CT Juvenile Law website: www.francarino.com

42