Connecticut General Statutes 46b-133i – Suspension of delinquency proceedings for fire starting behavior treatment
(a) For the purposes of this section, “an act of fire starting” means (1) conduct that causes an explosion or a fire to start, regardless of whether such explosion or fire results in an injury to a person or animal or damage to property, or (2) planning or preparing to cause an explosion or start a fire.
Terms Used In Connecticut General Statutes 46b-133i
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- month: means a calendar month, and the word "year" means a calendar year, unless otherwise expressed. See Connecticut General Statutes 1-1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Serious juvenile offense: means (A) the violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (2) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) absconding, escaping or running away, without just cause, from any secure residential facility in which the child has been placed by the court as a delinquent child. See Connecticut General Statutes 46b-120
(b) The court, on a motion of a child charged with a delinquency offense involving an act of fire starting, but not yet convicted, may order that such child be evaluated to determine whether the child would benefit from participating in a fire starting behavior treatment program. Such motion shall be filed with the court not later than ten days after a plea is entered, except if waived by the court or pursuant to an agreement by the parties. The court shall use the results of any evaluation ordered pursuant to this subsection only for the purpose of determining whether delinquency proceedings should be suspended under this section. The costs of such evaluation shall be paid by such child’s parent or guardian unless such costs are waived by the court upon a finding that such parent or guardian is indigent.
(c) The court, on a motion of a child charged with a delinquency offense involving an act of fire starting, but not yet convicted, may order the suspension of the delinquency proceeding for a period of up to one year and order that such child participate in a fire starting behavior treatment program if the court, after consideration of information before it concerning the child’s act of fire starting and the evaluation ordered pursuant to subsection (b) of this section, finds that such child requires and is likely to benefit from such treatment and the suspension of the delinquency proceedings will advance the interests of justice. During the period of suspension, such child shall be placed under the supervision of a juvenile probation officer and such officer shall monitor the compliance of such child with the orders of the court. The costs of such treatment program shall be paid by such child’s parent or guardian unless such costs are waived by the court upon a finding that such parent or guardian is indigent.
(d) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.
(e) At any time before the end of the period of the suspension of the delinquency proceedings, except during the final month of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has completed the fire starting behavior treatment program and has complied with all other conditions of the suspension order imposed by the court.
(f) The court, on a motion of a child or on its own motion, may dismiss the charge for which the delinquency proceedings had been suspended if it finds that such child has successfully completed the fire starting behavior treatment program and has complied with all other conditions of the suspension order. If the court denies such motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.
(g) The provisions of this section shall not apply to any child charged with a serious juvenile offense, as defined in section 46b-120, or any child for whom evaluation and treatment was previously ordered pursuant to this section.