Sec. 46b-133. (Formerly Sec. 51-314). *(See end of section for amended version of subsection (b) and effective date.) Arrest of child. Release or detention of arrested child. Alcohol or drug testing o
Sec. 46b-133. (Formerly Sec. 51-314). *(See end of section for amended version
of subsection (b) and effective date.) Arrest of child. Release or detention of arrested
child. Alcohol or drug testing or treatment as condition of release. Admission of
child to overpopulated juvenile detention center. (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 crime, such child 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 or class A felony may be disclosed to the public.
*(b) Whenever a child is brought before a judge of the Superior Court, such judge
shall immediately have the case proceeded upon as a juvenile matter. Such judge may
admit such child to bail or release him in the custody of his parent or parents, his guardian
or some other suitable person to appear before the Superior Court when ordered. If
detention becomes necessary or desirable, the same shall be in the manner prescribed
by this chapter.
(c) Upon the arrest of any child by an officer, such officer may release him to the
custody of his parent or parents, guardian or some other suitable person or agency or
may immediately turn him over to a juvenile detention center. When a child is arrested
for the commission of a delinquent act and the child is not placed in detention or referred
to a diversionary program, an officer shall serve a written complaint and summons on
the child and his parent, guardian or other person having control of the child. Such
parent, guardian or other person shall execute a written promise to appear in court at
the time and place specified in such summons. 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. 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.
(d) The court or detention supervisor may turn such child over to a youth service
program created for such purpose, if such course is practicable, or such child may be
detained pending a hearing which shall be held on the business day next following his
arrest. No child shall be detained after such hearing or held in detention pursuant to a
court order unless it appears from the available facts that there is probable cause to
believe that the child has committed the acts alleged and that there is (1) a strong probability that the child will run away prior to court hearing or disposition, (2) a strong probability that the child will commit or attempt to commit other offenses injurious to him or
to the community before court disposition, (3) probable cause to believe that the child's
continued residence in his home pending disposition will not safeguard the best interests
of the child or the community because of the serious and dangerous nature of the act or
acts he is alleged to have committed, (4) a need to hold the child for another jurisdiction
or (5) a need to hold the child to assure his appearance before the court, in view of his
previous failure to respond to the court process. Such probable cause may be shown by
sworn affidavit in lieu of testimony. No child shall be released from detention who is
alleged to have committed a serious juvenile offense except by order of a judge of the
Superior Court. In no case shall a child be confined in a community correctional center
or lockup, or in any place where adults are or may be confined, except in the case of a
nursing infant; nor shall any child at any time be held in solitary confinement. When a
female child is held in custody, she shall, as far as possible, be in the charge of a woman
attendant.
(e) 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 detention center a signed statement setting forth
the alleged delinquent conduct of the child. Unless the arrest was for a serious juvenile
offense, the child may be released by a detention supervisor to the custody of his parent
or parents, guardian or some other suitable person.
(f) 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.
(g) Whenever the population of a juvenile detention center equals or exceeds the
maximum capacity for such center, as determined by the Judicial Department, the detention supervisor in charge of intake shall only admit a child who: (1) Is charged with the
commission of a serious juvenile offense, (2) is the subject of an order to detain or an
outstanding court order to take such child into custody, (3) is ordered by a court to be
held in detention, or (4) is being transferred to such center to await a court appearance.
(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.)
*Note: On and after January 1, 2010, subsection (b) of this section, as amended by
section 85 of public act 07-4 of the June special session, is to read as follows:
"(b) Whenever a child is brought before a judge of the Superior Court, 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 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."
(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.)
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, (see note to Sec. 17-65) 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.
Annotations to former sections 17-65 and 51-314:
Cited. 115 C. 591. Cited. 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 ten-hour detention was not unreasonable. 171 C. 683, 689.
Annotations to present section:
Cited. 206 C. 346. Cited. 211 C. 289.
Cited. 46 CA 545.
Cited. 43 CS 211.
Subsec. (b):
Cited. 206 C. 323.
Subsec. (d):
Cited. 214 C. 454.
Subsec. (e):
Cited. 215 C. 739.