Connecticut General Statutes 46b-140a – Modification of conditions of probation supervision or probation supervision with residential placement. Violation of conditions
(a) At any time during the period of probation supervision or probation supervision with residential placement, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period of probation supervision or probation supervision with residential placement by not more than twelve months, for a total maximum supervision period not to exceed thirty months, as deemed appropriate by the court. The court shall cause a copy of any such order to be delivered to the child and to such child’s parent or guardian and probation officer.
Terms Used In Connecticut General Statutes 46b-140a
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means any person under eighteen years of age who has not been legally emancipated, except that for purposes of delinquency matters and proceedings, "child" means any person who (A) is at least ten years of age at the time of the alleged commission of a delinquent act and who is (i) under eighteen years of age and has not been legally emancipated, or (ii) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (B) subsequent to attaining eighteen years of age, (i) violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to a delinquency proceeding, or (ii) wilfully fails to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice. See Connecticut General Statutes 46b-120
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Juvenile residential center: means a hardware-secured residential facility operated by the Court Support Services Division of the Judicial Branch that includes direct staff supervision, surveillance enhancements and physical barriers that allow for close supervision and controlled movement in a treatment setting for preadjudicated juveniles and juveniles adjudicated as delinquent. See Connecticut General Statutes 46b-120
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation supervision: means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time and upon such terms as the court determines. See Connecticut General Statutes 46b-120
- Probation supervision with residential placement: means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time, upon such terms as the court determines, that include a period of placement in a secure or staff-secure residential treatment facility, as ordered by the court, and a period of supervision in the community. See Connecticut General Statutes 46b-120
- Staff-secure residential facility: means a residential facility that provides residential treatment for children in a structured setting where the children are monitored by staff. See Connecticut General Statutes 46b-120
(b) During any period of probation supervision or probation supervision with residential placement the court may convene a probation status review hearing. A probation officer may file an ex parte request for a probation status review hearing with the clerk of the court, regardless of whether a new offense or violation has been filed. If the court finds that the ex parte request is in the child’s or the public’s best interest, the court may grant the ex-parte request and convene a probation status review hearing within seven days. The probation officer shall inform the child and parent or legal guardian of the scheduled court date and time. The child shall be represented by counsel at the hearing. If the child or the child’s parents or guardian do not appear at the hearing, absent actual or in-hand service of the notice, the failure to appear at the hearing shall not be deemed wilful. The court may continue the hearing to a future date and order that the child and the child’s parents or guardian be served with notice to appear in court in the manner prescribed by section 46b-128. By agreement of the parties or at the conclusion of an evidentiary hearing, the court may modify or enlarge the conditions of probation, and if appropriate, the court may order that the child be placed in a secure or staff-secure residential facility, provided no child shall be ordered to be placed in a secure or staff-secure residential facility unless such placement is indicated by the child’s clinical and behavioral needs or the level of risk the child poses to public safety cannot be managed in a less restrictive setting.
(c) At any time during the period of probation supervision or probation supervision with residential placement, the court may issue an order to take into custody or a warrant for the arrest of a child for violation of any of the conditions of probation supervision or probation supervision with residential placement, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the child. Any such order or warrant shall authorize all officers named therein to return the child to the custody of the court or to any suitable juvenile residential center designated by the court in accordance with subsection (e) of section 46b-133.
(d) At any time during the period of probation supervision or probation supervision with residential placement, notwithstanding the provisions of subsection (c) of section 46b-133, the court, upon a finding of probable cause, may issue an order to detain any child who has absconded, escaped or run away from a residential facility in which such child has been placed by court order. Any such order to detain shall authorize all officers named in such order to return the child to any suitable juvenile residential center designated by the court. Such child shall be detained pending a hearing to be held on the next business day, which shall be held in accordance with the provisions of subsection (e) of section 46b-133.
(e) If a violation of probation supervision or probation supervision with residential placement is established, the court may continue or revoke the order of probation supervision or probation supervision with residential placement or modify or enlarge the conditions of probation supervision or probation supervision with residential placement in accordance with section 46b-140.