Substitute House Bill No. 5289
          Substitute House Bill No. 5289

               PUBLIC ACT NO. 97-4


AN  ACT  CONCERNING  THE  DETENTION  OF  JUVENILES
TRANSFERRED TO THE REGULAR CRIMINAL DOCKET OF  THE
SUPERIOR COURT.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  46b-127  of  the general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  The  court  shall  automatically transfer
from  the  docket  for  juvenile  matters  to  the
regular  criminal docket of the Superior Court the
case of any child charged with the commission of a
capital  felony,  a  class  A  or  B  felony  or a
violation  of  section  53a-54d,   provided   such
offense  was  committed  after such child attained
the age of fourteen  years.  The  child  shall  be
arraigned  in  the  regular criminal docket of the
Superior Court at the next  court  date  following
such transfer. The file of any case so transferred
shall remain sealed until the tenth day  following
such  arraignment  unless the state's attorney has
filed a motion  pursuant  to  this  subsection  in
which case such file shall remain sealed until the
court makes a decision on the  motion.  A  state's
attorney  may,  not  later  than  ten working days
after such arraignment, file a motion to  transfer
the  case of any child charged with the commission
of a class B felony to  the  docket  for  juvenile
matters  for  disposition  in  accordance with the
provisions of this chapter. The court sitting  for
the  regular  criminal docket shall, after hearing
and not later than  ten  working  days  after  the
filing of such motion, decide such motion.
    (b)  Upon  motion of a juvenile prosecutor and
approval by the  court,  the  case  of  any  child
charged  with  the  commission  of  a class C or D
felony  or  an  unclassified   felony   shall   be
transferred  from  the docket for juvenile matters
to the regular criminal  docket  of  the  Superior
Court,  provided  such offense was committed after
such child attained the age of fourteen years  and
the  court  finds  ex parte that there is probable
cause to believe the child has committed  the  act
for  which  he is charged. The file of any case so
transferred shall remain sealed until such time as
the  court sitting for the regular criminal docket
accepts such transfer. The court sitting  for  the
regular  criminal  docket may return any such case
to the docket for juvenile matters for proceedings
in accordance with the provisions of this chapter.
The  child  shall  be  arraigned  in  the  regular
criminal  docket of the Superior Court at the next
court date following such transfer.
    (c)  Upon  the  effectuation  of the transfer,
such child shall stand trial and be sentenced,  if
convicted,  as if he were sixteen years of age. [,
except that no such child shall  be  placed  in  a
correctional facility but shall be maintained in a
facility for children and youth until  he  attains
the age of sixteen years or until he is sentenced,
whichever occurs first.] Such child shall  receive
credit  against  any  sentence  imposed  for  time
served  in  a  juvenile  facility  prior  to   the
effectuation of the transfer. A child who has been
transferred may enter a guilty plea  to  a  lesser
offense  if the court finds that such plea is made
knowingly and voluntarily. Any  child  transferred
to  the  regular criminal docket who pleads guilty
to a lesser offense shall not resume his status as
a  juvenile  regarding said offense. If the action
is dismissed or nolled or if such child  is  found
not   guilty  of  the  charge  for  which  he  was
transferred, the child shall resume his status  as
a  juvenile  until  he  attains the age of sixteen
years.
    (d)  ANY  CHILD  TRANSFERRED  TO  THE  REGULAR
CRIMINAL DOCKET  OF  THE  SUPERIOR  COURT  WHO  IS
DETAINED   SHALL   BE   IN   THE  CUSTODY  OF  THE
COMMISSIONER OF CORRECTION UPON  THE  FINALIZATION
OF  SUCH  TRANSFER.  A TRANSFER SHALL BE FINAL (1)
UPON THE EXPIRATION OF TEN WORKING DAYS AFTER  THE
ARRAIGNMENT  IF  NO  MOTION  HAS BEEN FILED BY THE
STATE'S ATTORNEY PURSUANT  TO  SUBSECTION  (a)  OF
THIS  SECTION  OR,  IF SUCH MOTION HAS BEEN FILED,
UPON THE  DECISION  OF  THE  COURT  TO  DENY  SUCH
MOTION,  OR  (2)  UPON  THE  COURT  ACCEPTING  THE
TRANSFER  PURSUANT  TO  SUBSECTION  (b)  OF   THIS
SECTION.  ANY  CHILD  RETURNED  TO  THE DOCKET FOR
JUVENILE MATTERS WHO IS DETAINED SHALL BE  IN  THE
CUSTODY OF THE JUDICIAL DEPARTMENT.
    (e)  THE  TRANSFER  OF A CHILD TO A DEPARTMENT
OF CORRECTION FACILITY SHALL  BE  LIMITED  TO  THE
PROVISIONS  OF  SUBSECTION (d) OF THIS SECTION AND
SAID SUBSECTION SHALL NOT BE CONSTRUED  TO  PERMIT
THE  TRANSFER  OF OR OTHERWISE REDUCE OR ELIMINATE
ANY OTHER POPULATION OF JUVENILES IN DETENTION  OR
CONFINEMENT  WITHIN THE JUDICIAL DEPARTMENT OR THE
DEPARTMENT OF CHILDREN AND FAMILIES.
    Sec.  2.  This  act shall take effect from its
passage.

Approved March 20, 1997