Connecticut General Statutes 46b-133j – Suspension of delinquency proceeding for participation in services to address condition or behavior related to an offense involving a motor vehicle
(a) For purposes of this section: (1) “Delinquency offense involving a motor vehicle” means any offense under (A) subdivision (1) of subsection (a) of section 53a-119b, (B) section 53a-126a, (C) section 53a-126b, when the property consists of a motor vehicle, or (D) section 53a-119c; and (2) “child” means child, as defined in section 46b-120.
Terms Used In Connecticut General Statutes 46b-133j
- 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 motion of a child charged with a delinquency offense involving a motor vehicle for which such child is not yet adjudicated as delinquent, may order the suspension of the delinquency proceedings for a period of up to six months and order the child to participate in services to address any condition or behavior directly related to such offense during the period of suspension if the court, after consideration of the information before it, finds (1) the child is likely to benefit from supervision and participation in the recommended services, and (2) the suspension of the delinquency proceedings will advance the interests of justice. 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.
(c) As a condition of eligibility for suspension of prosecution, the child shall agree to: (1) Cooperate with an assessment to determine whether such child would benefit from supervision and services; (2) participate in and satisfactorily complete the recommended services; and (3) comply with any orders of the court. During the period of suspension of the delinquency proceedings, a 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. Any assessment conducted pursuant to this section shall be used only for the purposes of determining the appropriate services and whether the delinquency proceedings should be suspended under this section. Any out-of-pocket costs of such treatment or other services shall be paid by the 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, but not later than one month before the end 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 treatment or other services and has complied with all other conditions of the suspension order imposed by the court and, if not, whether the suspension period should be extended to allow additional time for the child to complete the recommended services.
(f) If the court, on motion of the child or on its own motion, finds that the child has completed the treatment or other services and has complied with all other conditions of suspension of the delinquency proceedings, the court may dismiss the charge for which the delinquency proceedings had been suspended. If the court finds that the child has not completed the treatment or other services, has not complied with all other conditions of suspension and additional time is needed to complete the treatment or other services, the court may extend the suspension period for up to an additional six months. If the court denies the 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 who was previously granted suspension of prosecution pursuant to subsection (b) of this section.
(h) The Judicial Branch shall (1) collect and annually examine data relating to the suspension of delinquency proceedings pursuant to this section, (2) disaggregate such data by demographics of the children for whom such delinquency proceedings were suspended, offense characteristics, and treatment and service outcomes, and (3) report such data upon request.