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Discover the similarities and differences between the juvenile court and the adult criminal court in Connecticut. Learn about the specific rules, procedures, and treatments associated with the juvenile justice system.
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WARNING! This presentation and the slides that follow are the work product and intellectual property of Francis J. Carino and the Connecticut Division of Criminal Justice. They may not be used, copied or otherwise presented or reproduced without the express written consent of Francis J. Carino or the Connecticut Division of Criminal Justice. NOTE: This material was updated on May 20, 2018 and is subject to change after that date as new laws get passed and new court decisions are rendered. You should refer to the current laws and decisions when taking any action.
Division of Criminal Justice Chief State’s Attorney’s Office Your Kids & the Law – A Community Forum About the Connecticut Juvenile Justice System Presented by: Officer Jay Kehoe, Director of Public Safety Francis J. Carino, Supervisory Assistant State’s Attorney May 2018
Comparing the juvenile court and the adult criminal court Similarities: • Part of the Superior Court • Same judges • Same prosecutors • Same public defenders • Same criminal charges • Similar rules of evidence • Same constitutional rights • remain silent • counsel • presumption of innocence • burden on state • proof beyond reasonable doubt • right to appeal
Comparing the juvenile court and the adult criminal court Differences: • Juvenile Court – • Confidential proceedings • Confidential records • Venue based on town of residence • No jury • Special rules for interviewing juveniles • Parent can’t be required to testify unless the victim of violence • Offenders are under age 18 • Oriented toward treatment and rehabilitation • Less focused on punishment and deterrence • Families and schools play a significant role • Long term, secure incarceration not available • Very serious offenders may be transferred • Erasure of juvenile record possible
The juvenile court generally has jurisdiction over persons who commit criminal acts prior to their 18th birthday as well as children under the age of 18 that are abused, neglected or whose home cannot provide the specialized care that the physical, emotional or mental condition of the child or youth requires. The age of juvenile court jurisdiction was increased to include 16 year olds on January 1, 2010 and 17 year olds on July 1, 2012. Whether a charge is classified as a felony or a misdemeanor doesn’t have the same significance in juvenile court as it does in the adult court. The more significant difference is whether the charge is classified as a Serious Juvenile Offense (SJO) or not.
Currently, the maximum commitment for a conviction for an SJO is four years. For all other charges, it is 18 months, with a possible extension of another 18 months. * This will change effective July 1, 2018. All delinquency commitments end on the person’s 20th birthday, regardless of how much time is left on the commitment. All matters heard in the juvenile court are confidential to protect the juvenile. Delinquency records may be erased when the juvenile turns 18 if they have been out of trouble for two years following the completion of their juvenile sentence, four years for serious juvenile offenses.
Upon the arrest of a juvenile, the police may: Release the juvenile with a warning Divert the case to a diversion program such as a juvenile review board
Many towns and cities now have diversion programs known as Juvenile Review Boards (JRB). The purpose of these programs is to try and divert first or second-time offenders, charged with minor crimes, who admit responsibility for their actions, from the juvenile court system. Most JRBs will only accept misdemeanor cases although in some situations, felony cases have been accepted. The AHM JRB does accept second-time offenders and has accepted felony cases. If the JRB program is completed satisfactorily, the charges are dismissed without a juvenile record. If unsuccessful, the case could be referred to the juvenile court.
Upon the arrest of a juvenile, the police may: Release the juvenile with a warning Divert the case to a diversion program such as a juvenile review board Charge the juvenile with a delinquent act and refer the matter to the Juvenile Court that serves the juvenile’s town of residence and: release the child to the custody of the child’s parent or parents, guardian or some other suitable person or agency, at the discretion of the officer, release the child to the child’s own custody, or seek a court order to detain the child in a state-operated, secure juvenile detention center.
Recent changes in the law permit the placement of a juvenile in a secure juvenile detention center only if: there is probable cause to believe that the child has committed the acts alleged, and there is no less restrictive alternative available, and there is: probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition, or a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process, or a need to hold the child for another jurisdiction
Concern that a juvenile, arrested for a delinquent act, • may run away, • may commit or attempt to commit other offenses that may be injurious to the juvenile, • may pose a risk to themselves if allowed to remain at home, due to the serious and dangerous nature of the alleged offenses, or • is in violation of the court-ordered conditions of release from detention • are no longer reasons to put a juvenile in detention. “This is a new way of parenting.” “You’re not going to incarcerate children just to protect them.”
A juvenile, age 15 or older, who commits a crime that would be classified as a felony for an adult, may have their case transferred from the juvenile court to the adult court. Certain very serious felony offenses are subject to the automatic transfer to the adult court. Other felony offenses may be transferred to the adult court at the discretion of the prosecutor. Recent legislative changes however, have made charges subject to the discretionary transfer procedure virtually impossible to transfer because the court must find that transfer is in the best interests of the child. In some cases, the adult court may decide to return a transferred case to the juvenile court. A juvenile whose case is handled in the adult court is prosecuted and, if convicted, sentenced as an adult.
Processing a Juvenile Case • Non-Judicial Handling • Eligibility: • Available for first or second time offenders; • Charge cannot: • be a felony or SJO* • involve a motor vehicle, • involve the sale of drugs, • possession of a weapon; • Willing to sign a Statement of Responsibility;
Processing a Juvenile Case • Non-Judicial Handling Dispositional Alternatives: • Dismiss with a warning; • Supervision for a period up to 180 days; • counseling; • community service; • restitution; • drug testing; • essay; • apology; • If successfully completed ➜ no conviction & automatic erasure.
Processing a Juvenile Case • Judicial Handling • 1. Arraignment • 2. Pretrial 3. Pretrial motions • 4. Trial • 5. Disposition • 6. Post trial motions 7. Competency hearing • 8. Interstate Compact proceedings 9. Appeal proceedings
Processing a Juvenile Case • Judicial Handling • (Until July 1, 2018) • Dispositional Alternatives: • Dismisswith a warning; • Probation; Similar to Non-judicial supervisionexcept now there is a conviction. • counseling; • Currently, no statutory maximum period that probation can be imposed. No practical consequence for a violation after age 20 however. • community service; • restitution; • A violation of probation would only be filed if there is a new arrest or if the imposition of graduated sanctions was no longer appropriate. • drug testing; • essay; • After a hearing and for good cause, conditions of probation can be modified or extended. • apology; • Suspended Commitment to DCF; • Commitment to DCF; • 18 months/4 years (SJO); • Residential Facility/CJTS (boys) or Pueblo (girls)
There are different rules applicable to interviewingjuveniles under 16 and those that are 16 or 17. The key difference between the rules is that: • For juveniles under age 16 – having a parent or guardian present is a requirement for the admissibility of the juvenile’s admission, confession or statement. • For 16 year olds or 17 year olds, the presence of a parent or guardian is a right that may be waived subject to review by the court using the “totality of the circumstances” test.
For a child under age 16,the child must: • have a parent present and • be advised: • of the child's right to retain counsel, or if unable to afford counsel, to have counsel appointed for them, • of the child's right to refuse to make any statements and • that any statements he/she makes may be introduced into evidence against him/her. • Both parent and child must agree to waive the rights.
Fora 16 or 17 year old, • the police officer must make a reasonable effort to contact a parent or guardian of the child, and • thechild must be advised that: • they have the right to contact a parent or guardian and to have them present during any interview, • they have the right to retain counsel or, if unable to afford counsel, to have counsel appointed for them, • they have the right to refuse to make any statement, and • any statement they make may be introduced into evidence against them. • If the child waives any rights, the court will consider the “totality of the circumstances.”
“Reforms” Effective July 1, 2018
All commitments to DCF will end on June 30, 2018; • CJTS was supposed to close on June 30, 2018; • Convicted (adjudicated) juveniles will be put on probation supervision or probation supervision with residential placement; • Suchsupervision will be for a period up to 18 months, with a possible extension of 12 months, for a total of 30 months, regardless of the seriousness of the charge; • At this time there is no secure treatment facility for convicted delinquents in Connecticut; • Some kids are beingheld in the pretrial juvenile detention centers or at Solnit Hospital; Closed on 4/12/18 “due to declining rate of juvenile and young adult arrests, record low crime rate and the impact of the Governor’s criminal justice reforms.”
Was closing CJTS a good idea? No alternative in place; Committed juveniles placed in “staff-secure facilities or released home; One juvenile was released home after less than seven months and was arrested within a week in a stolen car. Another was released home and within nine days, was arrested in a stolen car. Another was released to a staff-secure facility, left and stole the facility's van on his way out. The last juvenile released from CJTS was placed in a staff-secure facility and within 24 hours he ran from that facility. Within two weeks he was arrested for armed robbery in Rhode Island.
DCF reported at last week’s JJPOC meeting that of the 39 juveniles discharged from CJTS since January 1st, 14, or 35%, have already been rearrested within 4½ months of release.
“You stupid ass cops don’t have any H. (“H” is short for “handle” which is street vernacular for an operator’s motor vehicle driving skills.) Facts: I love taking y’all when I’m in a stochie (“Stochie” is a play on the word “stash” which is street vernacular for stolen motor vehicles that are taken through theft and hidden for eventual future use.) because y’all ain’t got no H. Facts: The only reason y’all got me was because of those stupid ass spikes and I didn’t know them was cops in that black car. Y’all know my H is too good for y’all. Go ask them cops on Orange Street how I took them with H when they tried to get me. He continued “Y’all just don’t know. I have 5 other stochies out here for when I get out. Facts: I should have went down Irving Street, y’all would have never got me. I know that once we start driving reckless y’all have to back off. I know y’all rules.” After pausing to laugh hysterically out loud, he continued “This ain’t nothing. I’m just a juvenile. Y’all bringing me to 920 Broad (Hartford juvenile detention center) so that I can get some ice cream, chips and candy, watch some movies, and chill with my boys. I can keep doing what I’m doing because the laws don’t do nothing to us, it doesn’t matter and everything I do will be erased when I turn 18.” 08/16/17 Committed to DCF and placed at CJTS 03/02/18 Released home from CJTS 03/09/18 Arrested in a stolen car following a high speed pursuit 5/16/18 Transferred to the adult criminal court
