Connecticut General Statutes 46b-123f – Transfer of legal authority over delinquent children committed to the Department of Children and Families to the Judicial Branch
(a) On July 1, 2018, the Judicial Branch shall assume legal authority over any child, as defined in section 46b-120, who is committed to the Department of Children and Families as a delinquent child, as described in subdivision (4) of section 46b-120, as of June 30, 2018, pursuant to an order of the superior court for juvenile matters entered prior to July 1, 2018. Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, the Court Support Services Division of the Judicial Branch shall thereupon assume the responsibility for the supervision of each such child, and may exercise such powers, duties and functions regarding each such child as set forth in this chapter.
Terms Used In Connecticut General Statutes 46b-123f
- 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
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) Until further order of the court pursuant to subsection (c) of this section, any such child described in subsection (a) of this section shall be deemed to be on probation pursuant to section 46b-140 for a maximum period not to exceed the period remaining under the delinquency commitment to the Commissioner of Children and Families as of June 30, 2018, and the conditions of parole supervision that the child was subject to on that date shall become interim conditions of probation supervision.
(c) Not later than October 1, 2018, the superior court for juvenile matters shall conduct an in-court review to determine whether the interim conditions of probation supervision shall continue or be modified for the remainder of the period of probation supervision. The court shall give notice to any identified victim of the time and date of any such in-court review. Following the in-court review, the court may order that the interim conditions of probation supervision remain in effect without modification until the end of the period of probation supervision or it may modify such conditions for good cause shown pursuant to section 46b-140a. Notwithstanding any provision of the general statutes, such period of probation shall not extend beyond the period remaining under the commitment to the Commissioner of Children and Families as of June 30, 2018.