§ 46b-133 — (Formerly Sec. 51-314). Arrest of child. Notice of arrest. Release or detention of arrested child. Alcohol or drug testing or treatment as condition of release. Admission of child to juvenile residential center. Entry of take into custody order or other process into central computer system. Duration of order to detain.

Connecticut § 46b-133

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 815t: Juvenile Matters

Text

(a) Nothing in this part shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of warrants by judges in the manner provided by section 54-2a, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process appears imperative. Whenever a child is arrested and charged with a delinquent act, such child (1) shall be brought before a judge of the Superior Court not later than the fifth business day after such arrest, unless required sooner pursuant to subsection (e) of this section, and (2) may be required to submit to the taking of his photograph, physical description and fingerprints. Notwithstanding the provisions of section 46b-124, the name, photograph and custody status of any child arrested for the commission of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or class A felony may be disclosed to the public. (b) Whenever a child is brought before a judge of the Superior Court, which court shall be the court that has jurisdiction over juvenile matters where the child resides if the residence of such child can be determined, such judge shall immediately have the case proceeded upon as a juvenile matter. Such judge may admit the child to bail or release the child in the custody of the child's parent or parents, the child's guardian or some other suitable person to appear before the Superior Court when ordered. If there is probable cause to believe that the child has committed the acts alleged, the court may consider if the child should be assessed for services. Such assessment shall be held not later than two weeks after the child is arraigned and such child shall have the right to counsel at such assessment. If detention becomes necessary, such detention shall be in the manner prescribed by this chapter, provided the child shall be placed in the least restrictive environment possible in a manner consistent with public safety. (c) (1) Upon the arrest of any child by an officer, such officer may (A) release the child to the custody of the child's parent or parents, guardian or some other suitable person or agency, (B) at the discretion of the officer, release the child to the child's own custody, or (C) using the form prescribed pursuant to section 46b-133p , seek a court order to detain the child in a juvenile residential center. No child may be placed in a juvenile residential center unless a judge of the Superior Court determines, based on the available facts, that (i) there is probable cause to believe that the child has committed the acts alleged, (ii) detention of the child is more reasonable than an appropriate less restrictive alternative, and (iii) there is (I) probable cause to believe that the level of risk that the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, (II) a need to hold the child in order to ensure the child's appearance before the court or compliance with court process, as demonstrated by the child's previous failure to respond to the court process, or (III) a need to hold the child for another jurisdiction. No child shall be held in any juvenile residential center unless an order to detain is issued by a judge of the Superior Court. If any such judge declines to detain a child, such judge shall articulate the reasons in writing, upon the form submitted in accordance with subparagraph (C) of this subdivision, for not holding the child in a juvenile residential center. (2) A judge of the Superior Court may order any child who is released into the custody of his or her parent or guardian or some other suitable person or agency after being charged with a second or subsequent delinquency offense involving a motor vehicle, as defined in section 46b-133j , or property theft, to be electronically monitored by using a global positioning system device until such child's case is disposed of or earlier upon order of the court. Any failure by the child to adhere to the judge's order concerning electronic monitoring may result in immediate detention of such child. (d) When a child is arrested for the commission of a delinquent act and the child is not placed in a juvenile residential center or referred to a diversionary program, an officer shall serve a written complaint and summons on the child and the child's parent, guardian or some other suitable person or agency. If such child is released to the child's own custody, the officer shall make reasonable efforts to notify, and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons. If a child is arrested for a firearms offense or a motor vehicle offense, the court date shall be scheduled for the next business day following the date of the child's arrest for such offense. If any person so summoned wilfully fails to appear in court at the time and place so specified, the court may issue a warrant for the child's arrest or a capias to assure the appearance in court of such parent, guardian or other person. If a child wilfully fails to appear in response to such a summons, the court may order such child taken into custody and such child may be charged with the delinquent act of wilful failure to appear under section 46b-120 . The court may punish for contempt, as provided in section 46b-121 , any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified. (e) When a child is arrested for the commission of a delinquent act and is placed in a juvenile residential center pursuant to subsection (c) of this section, such child may be detained pending a hearing which shall be held on the business day next following the child's arrest. No child may be detained after such hearing unless the court determines, based on the available facts, that (1) there is probable cause to believe that the child has committed the acts alleged, (2) there is no less restrictive alternative available, and (3) through the use of the detention risk screening instrument developed pursuant to section 46b-133g , that there is (A) probable cause to believe that the level of risk the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, (B) a need to hold the child in order to ensure the child's appearance before the court or compliance with court process, as demonstrated by the child's previous failure to respond to the court process, or (C) a need to hold the child for another jurisdiction. Such probable cause may be shown by sworn affidavit in lieu of testimony. No child shall be released from a juvenile residential center who is alleged to have committed a serious juvenile offense except by order of a judge of the Superior Court. The court may, in its discretion, consider as an alternative to detention a suspended detention order with graduated sanctions to be imposed based on the detention risk screening for such child, using the instrument developed pursuant to section 46b-133g . Any child confined in a community correctional center or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement. No such child may be held for a period that exceeds six hours, except such child may be held for a period that does not exceed eight hours in a case where an officer has submitted an application for an order of detention and the judge has not yet ruled on such application, or if such officer has been unable to contact such child's parent or guardian. When a female child is held in custody, she shall, as far as possible, be in the charge of a woman attendant. (f) The police officer who brings a child into detention shall have first notified, or made a reasonable effort to notify, the parents or guardian of the child in question of the intended action and shall file at the juvenile residential center a signed statement setting forth the alleged delinquent conduct of the child and the order to detain such child. Upon admission, the child shall be administered the detention risk screening instrument developed pursuant to section 46b-133g , and unless the child was arrested for a serious juvenile offense or unless an order not to release is noted on the take into custody order, arrest warrant or order to detain, the child may be released to the custody of the child's parent or parents, guardian or some other suitable person or agency in accordance with policies adopted by the Court Support Services Division of the Judicial Department pursuant to section 46b-133h . (g) In conjunction with any order of release from detention, the court may, when it has reason to believe a child is alcohol-dependent or drug-dependent as defined in section 46b-120 , and where necessary, reasonable and appropriate, order the child to participate in a program of periodic alcohol or drug testing and treatment as a condition of such release. The results of any such alcohol or drug test shall be admissible only for the purposes of enforcing the conditions of release from detention. (h) The detention supervisor of a juvenile residential center in charge of intake shall admit only a child who: (1) Is the subject of an order to detain or an outstanding court order to take such child into custody, (2) is ordered by a court to be held in detention, or (3) is being transferred to such center to await a court appearance. (i) Whenever a child is subject to a court order to take such child into custody, or other process issued pursuant to this section or section 46b-140a , the Judicial Branch may cause the order or process to be entered into a central computer system in accordance with policies and procedures established by the Chief Court Administrator. The existence of the order or process in the computer system shall constitute prima facie evidence of the issuance of the order or process. Any child named in the order or process may be arrested or taken into custody based on the existence of the order or process in the computer system and, if the order or process directs that such child be detained, the child shall be held in a juvenile residential center. (j) In the case of any child held in detention, the order to detain such child shall be for a period that does not exceed seven days or until the dispositional hearing is held, whichever is shorter, unless, following a detention review hearing, such order is renewed for a period that does not exceed seven days or until the dispositional hearing is held, whichever is shorter. (k) For purposes of subsections (c) and (e) of this section, a child may be determined to pose a risk to public safety if such child has previously been adjudicated as delinquent for or convicted of or pled guilty or nolo contendere to two or more felony offenses, has had two or more prior dispositions of probation and is charged with commission of a larceny under section 53a-119c . See Sec. 51-286 l establishing and implementing a training program on a uniform process for seeking juvenile detention orders.

Legislative History

(1949 Rev., S. 2810; 1959, P.A. 28, S. 54; P.A. 74-183, S. 211, 291; P.A. 76-426; 76-436, S. 22, 668, 681; P.A. 77-452, S. 24, 72; P.A. 80-236; P.A. 82-220; P.A. 83-504; P.A. 84-369, S. 1; P.A. 89-273, S. 3; P.A. 90-161, S. 2, 6; P.A. 95-225, S. 15; P.A. 98-256, S. 4; June Sp. Sess. P.A. 07-4, S. 85; Sept. Sp. Sess. P.A. 09-7, S. 72; P.A. 10-32, S. 165; P.A. 11-154, S. 1; 11-180, S. 1; P.A. 12-5, S. 11; P.A. 14-173, S. 4; P.A. 16-147, S. 1; P.A. 17-48, S. 14; P.A. 18-31, S. 33; P.A. 19-110, S. 2; P.A. 21-104, S. 30; P.A. 22-26, S. 11; 22-115, S. 1, 18.) History: 1959 act substituted circuit court for city, police, borough or town court; P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-426 authorized juvenile court, probation officer or other officer to turn child over to youth service program; P.A. 76-436 replaced references to court of common pleas and juvenile court with references to superior court and juvenile matters, effective July 1, 1978; P.A. 77-452 made technical grammatical change; Sec. 17-65 temporarily renumbered as Sec. 51-314 and ultimately transferred to Sec. 46b-133 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 80-236 authorized turning child over to juvenile detention center and similarly authorized detention supervisor to turn child over to youth service program; P.A. 82-220 added provision re taking photograph, physical description and fingerprints of child 14 or older arrested and charged with a felony; P.A. 83-504 divided section into Subsecs. and added provision re arrest of child by an officer for the commission of a serious juvenile offense as Subsec. (e); P.A. 84-369 revised the procedures for the release or detention of an arrested child including deleting the provision allowing the police officer to set bond for a child arrested for a serious juvenile offense, providing that a child arrested for any offense may either be released to the custody of his parent, guardian or some other suitable person or agency or turned over to a detention center, requiring the detention release hearing to be held on the next business day for all arrested children who are detained, prohibiting detention unless certain findings are made including probable cause that the child has committed the acts alleged, prohibiting release from detention of a child who has committed a serious juvenile offense except by order of a judge, and requiring a police officer to notify the parents or guardian of a child whom he intends to bring into detention; P.A. 89-273 added Subsec. (f) re the criteria for the admission of a child to a juvenile detention center when the population of the center equals or exceeds its maximum capacity; P.A. 90-161 inserted new Subsec. (f) permitting the court to order child to participate in drug testing and treatment as condition of release from detention, relettering former Subsec. as (g); P.A. 95-225 amended Subsec. (a) to revise provision re taking of the photograph, physical description and fingerprints of an arrested child by making it applicable to any child who is charged with a crime, rather than only to a child 14 years of age or older who is charged with a violation of any provision of title 53a which is designated a felony, and by providing that such child “may be required to” submit to such taking, rather than “shall” submit to such taking, and add provision permitting the disclosure to the public of the photograph of any child arrested for the commission of a capital felony or a class A felony, amended Subsec. (c) to add provisions requiring an officer to serve a written complaint and summons on a child and the parent, guardian or other person having control of a child who is arrested or referred for the commission of a delinquent act and is not placed in detention, requiring such parent, guardian or other person to execute a written promise to appear in court, authorizing the court to issue a warrant for the child's arrest or a capias to assure the court appearance of the parent, guardian or other person if any person so summoned wilfully fails to appear in court and authorizing the court to punish for contempt any parent, guardian or other person who wilfully fails to appear in court and amended Subsec. (f) to authorize “alcohol” testing and treatment and allow the admissibility of the results of an “alcohol” test; P.A. 98-256 amended Subsec. (a) to revise provision authorizing the disclosure of the photograph of a child arrested for a capital felony or class A felony to also include the name and custody status of the child, amended Subsec. (c) to make requirement that an officer serve a written complaint and summons on a child arrested for a delinquent act and his parent, guardian or other person having control of the child inapplicable when the child is referred to a diversionary program and amended Subsec. (g) to add “an order to detain” in Subdiv. (2); June Sp. Sess. P.A. 07-4 amended Subsec. (b) to require that child be placed in the least restrictive environment possible consistent with public safety, delete “or desirable” re detention and make technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (c) to insert Subdiv. designators (1) to (3) and insert provision in Subdiv. (2) to allow officer to release child to child's own custody, substitute “other suitable person or agency” for “other person having control of the child” re service and copy of written complaint and summons, delete provision re parent, guardian or other person executing written promise to appear, add provision re notice and copy of written complaint and summons re child released to child's own custody, and add provision re delinquent act of wilful failure to appear, amended Subsec. (d) to require that there be no less restrictive alternative available for detention of child, substitute “poses a risk to” for “will not safeguard the best interests of” re child or community in Subdiv. (3), insert Subdiv. (6) re child violating conditions of suspended detention order, and rewrite requirement re detention of child in area separate and apart from adult detainees, amended Subsec. (e) to prohibit release of child if “order not to release” is noted and add “or agency” re other suitable person, amended Subsec. (g) to substitute “shall admit only” for “shall only admit”, and made technical changes, effective January 1, 2010; P.A. 10-32 made a technical change in Subsec. (c), effective May 10, 2010; P.A. 11-154 amended Subsec. (c) to substitute “seek a court order to detain” for requirement that child be immediately turned over to juvenile detention center, and add requirement that no child be placed in detention unless it appears from available facts that specified factors exist, designated existing portions of Subsec. (c) re child not placed in detention or referred to diversionary program as Subsec. (d), redesignated existing Subsecs. (d) to (g) as Subsecs. (e) to (h), amended Subsec. (h) to delete language re overpopulated juvenile detention center and re child charged with serious juvenile offense, and made technical and conforming changes; P.A. 11-180 added provision, codified by the Revisors as Subsec. (d)(2), re report of arrest for violation of Sec. 53a-82; P.A. 12-5 amended Subsec. (a) to add reference to provisions of Sec. 53a-54b in effect prior to April 25, 2012, re commission of a capital felony, effective April 25, 2012; P.A. 14-173 added Subsec. (i) re entry of court order to take child into custody or other process into central computer system and detention of child in juvenile detention center if order or process directs that child be detained; P.A. 16-147 amended Subsec. (a) by replacing “crime” with “delinquent act”, amended Subsec. (b) by adding provision re Superior Court where child is brought before judge is court that has jurisdiction over juvenile matters where child resides if residence of child can be determined, amended Subsec. (c) by replacing “shall” with “may”, replacing “it appears from the available facts” with “a judge of the Superior Court determines, based on the available facts”, adding new Subpara. (A) to (C) designators and replacing former Subparas. (A) to (F) with clauses (i) to (iii) re placement of child in detention, amended Subsec. (e) by replacing provision re turning child over to youth service program with provision re child arrested and placed in detention, replacing “shall” with “may”, adding Subpara. (A) and (B) designators re court determination, adding Subpara. (C) re use of detention risk assessment instrument, replacing former Subdivs. (1) to (6) with clauses (i) to (iii) re detaining child after hearing and adding provision re court permitted to consider suspended detention order with graduated sanctions, amended Subsec. (f) by adding provision re detention risk assessment instrument, deleting “by a detention supervisor” re release of child and adding provision re policies adopted by Court Support Services Division of Judicial Department, added Subsec. (j) re order to detain child, and made technical and conforming changes, effective January 1, 2017; P.A. 17-48 amended Subsec. (e) by redesignating Subparas. (A) to (C) as Subdivs. (1) to (3), and making conforming changes; P.A. 18-31 amended Subsec. (c) by replacing “no less restrictive alternative available” with “no appropriate less restrictive alternative available” in Subpara. (B), replacing “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” with “probable cause to believe that the level of risk that the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting” in Subpara. (C)(i), and adding “or compliance with court process” in Subpara. (C)(ii), amended Subsec. (d) by deleting Subdiv. (2) re officer to report suspected abuse or neglect for violation of Sec. 53a-82, and deleting Subdiv. (1) designator, amended Subsec. (e) by replacing “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” with “probable cause to believe that the level of risk the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting” in Subdiv. (3)(A), and adding “or compliance with court process” in Subdiv. (3)(B), replacing “detention risk assessment” with “detention risk screening”, and adding “or held for a period that exceeds six hours”, and amended Subsec. (f) by replacing “detention risk assessment” with “detention risk screening”, effective July 1, 2018; P.A. 19-110 added Subsec. (k) re determination of risk to public safety based on previous felony offenses and charge of certain larceny offenses, effective July 1, 2019; P.A. 21-104 amended Subsecs. (c) to (f), (h) and (i) to replace references to “detention” with “residential”, “juvenile residential” or “a juvenile residential center”, effective January 1, 2022; P.A. 22-26 amended Subsec. (d) to add provision re scheduling of court date on next business day following arrest of child for firearms or motor vehicle offense, effective July 1, 2022; P.A. 22-115 amended Subsec. (a) to add Subdiv. (1) requiring an arrested child be brought before a judge not later than 5 days after the arrest and designate existing language re a photograph, physical description and fingerprints as Subdiv. (2), amended Subsec. (b) to add provision re assessment for services, amended Subsec. (c) to designate existing provisions as Subdiv. (1), redesignate existing Subdivs. (1) to (3) as Subdivs. (1)(A) to (1)(C), reference the form pursuant to Sec. 46b-133p in Subdiv. (1)(C), redesignate Subdiv. (1)(A) as Subdiv. (1)(C)(i), replace Subdiv. (1)(B) re no appropriate less restrictive alternative available with Subdiv. (1)(C)(ii) re detention is more reasonable than appropriate less restrictive alternative, redesignate Subdiv. (3)(C) as Subdiv. (1)(C)(iii), redesignate Subdivs. (3)(C)(i) to (3)(C)(iii) as Subdivs. (1)(C)(iii)(I) to (1)(C)(iii)(III), add provision re declination by a judge to detain a child in Subdiv. (1)(C)(iii)(III) and add Subdiv. (2) re electronic monitoring, amended Subsec. (e) to make a technical change and provide an exception allowing a child to be held up to 8 hours awaiting a review of an application for an order of detention and amended Subsec. (k) by replacing reference to Sec. 53a-122(a)(3) or Sec. 53a-123(a)(1) or Sec. 53a-124(a)(1) with Sec. 53a-119c. Annotations to former sections 17-65 and 51-314: Cited. 115 C. 591; 154 C. 644, 648. Under circumstances of the apprehension, and in view of fact that offices of juvenile court were closed, it was not practicable to turn plaintiff over to appropriate officials immediately after arrest, and 10-hour detention was not unreasonable. 171 C. 683, 689. Annotations to present section: Cited. 206 C. 323; Id., 346; 211 C. 289; 214 C. 454; 215 C. 739. Cited. 46 CA 545. Cited. 43 CS 211.