Sec. 46b-140. (Formerly Sec. 51-321). *(See end of section for amended version of subsection (b) and effective date.) Disposition upon conviction of child as delinquent.
Sec. 46b-140. (Formerly Sec. 51-321). *(See end of section for amended version
of subsection (b) and effective date.) Disposition upon conviction of child as delinquent. (a) In determining the appropriate disposition of a child convicted as delinquent,
the court shall consider: (1) The seriousness of the offense, including the existence of
any aggravating factors such as the use of a firearm in the commission of the offense
and the impact of the offense on any victim; (2) the child's record of delinquency; (3)
the child's willingness to participate in available programs; (4) the existence of other
mitigating factors; and (5) the culpability of the child in committing the offense including
the level of the child's participation in the planning and carrying out of the offense.
*(b) Upon conviction of a child as delinquent, the court may: (1) Place the child in
the care of any institution or agency which is permitted by law to care for children; (2)
order the child to participate in an alternative incarceration program; (3) order the child
to participate in a wilderness school program operated by the Department of Children
and Families; (4) order the child to participate in a youth service bureau program; (5)
place the child on probation; (6) order the child or the parents or guardian of the child
or both to make restitution to the victim of the offense in accordance with subsection
(d) of this section; (7) order the child to participate in a program of community service
in accordance with subsection (e) of this section; or (8) withhold or suspend execution
of any judgment.
(c) The court may order, as a condition of probation, that the child (1) reside with
a parent, relative or guardian or in a suitable foster home or other residence approved
by the court, (2) attend school and class on a regular basis and comply with school
policies on student conduct and discipline, (3) refrain from violating any federal or state
law or municipal or local ordinance, (4) undergo any medical or psychiatric evaluation
or treatment deemed necessary by the court, (5) submit to random drug or alcohol testing,
or both, (6) participate in a program of alcohol or drug treatment, or both, (7) make
restitution to the victim of the offense in accordance with subsection (d) of this section,
(8) participate in an alternative incarceration program or other program established
through the Court Support Services Division, (9) participate in a program of community
service, and (10) satisfy any other conditions deemed appropriate by the court. The court
shall cause a copy of any such order to be delivered to the child, the child's parents or
guardian and the child's probation officer. If the child is convicted as delinquent for a
violation of section 53-247, the court may order, as a condition of probation, that the
child undergo psychiatric or psychological counseling or participate in an animal cruelty
prevention and education program provided such a program exists and is available to
the child.
(d) If the child has engaged in conduct which results in property damage or personal
injury, the court may order the child or the parent or parents or guardian of the child, if
such parent or parents or guardian had knowledge of and condoned the conduct of the
child, or both the child and the parent or parents or guardian, to make restitution to the
victim of such offense, provided the liability of such parent or parents or guardian shall
be limited to an amount not exceeding the amount such parent or parents or guardian
would be liable for in an action under section 52-572. Restitution may consist of monetary reimbursement for the damage or injury, based on the child's or the parent's, parents'
or guardian's ability to pay, as the case may be, in the form of a lump sum or installment
payments, paid to the court clerk or such other official designated by the court for distribution to the victim.
(e) The court may order the child to participate in a program of community service
under the supervision of the court or any organization designated by the court. Such
child shall not be deemed to be an employee and the services of such child shall not be
deemed employment.
(f) If the court further finds that its probation services or other services available to
the court are not adequate for such child, the court shall commit such child to the Department of Children and Families in accordance with the provisions of section 46b-141.
Prior to making such commitment, the court shall consult with the department to determine the placement which will be in the best interest of such child.
(g) Any child or youth coming within the jurisdiction of the court, who is found to
be mentally ill, may be committed by said court to the Commissioner of Children and
Families and, if the court convicts a child as delinquent and finds such child to be
mentally deficient, it may commit such child to an institution for mentally deficient
children or youth or delinquents. Whenever it is found that a child convicted by the
court as delinquent or adjudged by the court to be a member of a family with service
needs who is fourteen years of age or older would not benefit from continued school
attendance, the court may order such child to be placed on vocational probation if such
court finds that such child may properly be employed for part or full-time at some useful
occupation and that such employment would be favorable to such child's welfare, and
the probation officer shall supervise such employment. For the purposes of this section,
the limitations of subsection (a) of section 31-23 on the employment of minors under
the age of sixteen years shall not apply for the duration of such vocational probation.
(h) Whenever the court commits a child to the Department of Children and Families,
there shall be delivered with the mittimus a copy of the results of the investigations
made as required by section 46b-134. The court may, at any time, require from the
department in whose care a child has been placed such report as to such child and such
child's treatment.
(i) If the delinquent act for which the child is committed to the Department of Children and Families is a serious juvenile offense, the court may set a minimum period of
twelve months during which the child shall be placed in a residential facility operated
by or under contract with said department, as determined by the Commissioner of Children and Families. The setting of such minimum period shall be in the form of an order
of the court included in the mittimus. For good cause shown in the form of an affidavit
annexed thereto, the Department of Children and Families, the parent or guardian of
the child or the child may petition the court for modification of any such order.
(j) Except as otherwise provided in this section, the court may order a child be
(1) committed to the Department of Children and Families and be placed directly in
a residential facility within this state and under contract with said department, or (2)
committed to the Commissioner of Children and Families for placement by the commissioner, in said commissioner's discretion, (A) with respect to the juvenile offenders
determined by the Department of Children and Families to be the highest risk, in the
Connecticut Juvenile Training School, if the juvenile offender is a male, or in another
state facility, presumptively for a minimum period of twelve months, or (B) in a private
residential or day treatment facility within or outside this state, or (C) on parole. The
commissioner shall use a risk and needs assessment classification system to ensure that
male children who are in the highest risk level will be placed in the Connecticut Juvenile
Training School.
(k) On or after May 21, 2004, no female child committed to the Department of
Children and Families shall be placed in the Connecticut Juvenile Training School. Any
female child placed in the Connecticut Juvenile Training School before May 21, 2004,
shall be transferred to another appropriate facility not later than ninety days after May
21, 2004.
(l) Notwithstanding any provisions of the general statutes concerning the confidentiality of records and information, whenever a child convicted as delinquent is committed
to the Department of Children and Families, the Commissioner of Children and Families
shall have access to the following information: (1) Educational records of such child;
(2) records regarding such child's past treatment for physical or mental illness, including
substance abuse; (3) records regarding such child's prior placement in a public or private
residential facility; (4) records created or obtained by the Judicial Department regarding
such child; and (5) records, as defined in subsection (a) of section 17a-28. The Commissioner of Children and Families shall review such information to determine the appropriate services and placement which will be in the best interest of the child.
(1949 Rev., S. 2813; 1955, S. 1578d; 1957, P.A. 41; 1969, P.A. 498, S. 1; 664, S. 9; P.A. 75-226, S. 2; 75-567, S. 77,
80; 75-602, S. 9, 13; P.A. 76-436, S. 27, 681; P.A. 78-188, S. 6, 8; P.A. 79-581, S. 6; P.A. 84-10; 84-389, S. 1; P.A. 89-273, S. 5; 89-390, S. 20, 37; P.A. 90-161, S. 5, 6; 90-240, S. 5, 6; 90-325, S. 19, 32; P.A. 93-91, S. 1, 2; P.A. 94-136, S.
2; 94-221, S. 14; P.A. 95-225, S. 22; P.A. 98-70, S. 3; 98-256, S. 6; P.A. 99-26, S. 12, 39; P.A. 01-211, S. 14; P.A. 02-132, S. 23; P.A. 03-208, S. 3; P.A. 04-152, S. 1.)
*Note: On and after January 1, 2010, subsection (b) of this section, as amended by
section 79 of public act 07-4 of the June special session, is to read as follows:
"(b) Upon conviction of a child as delinquent, the court: (1) May (A) place the child
in the care of any institution or agency which is permitted by law to care for children;
(B) order the child to participate in an alternative incarceration program; (C) order the
child to participate in a wilderness school program operated by the Department of Children and Families; (D) order the child to participate in a youth service bureau program;
(E) place the child on probation; (F) order the child or the parents or guardian of the child
or both to make restitution to the victim of the offense in accordance with subsection (d)
of this section; (G) order the child to participate in a program of community service in
accordance with subsection (e) of this section; or (H) withhold or suspend execution of
any judgment; and (2) shall impose the penalty established in subsection (b) of section
30-89, for any violation of said subsection (b)."
(1949 Rev., S. 2813; 1955, S. 1578d; 1957, P.A. 41; 1969, P.A. 498, S. 1; 664, S. 9; P.A. 75-226, S. 2; 75-567, S. 77,
80; 75-602, S. 9, 13; P.A. 76-436, S. 27, 681; P.A. 78-188, S. 6, 8; P.A. 79-581, S. 6; P.A. 84-10; 84-389, S. 1; P.A. 89-273, S. 5; 89-390, S. 20, 37; P.A. 90-161, S. 5, 6; 90-240, S. 5, 6; 90-325, S. 19, 32; P.A. 93-91, S. 1, 2; P.A. 94-136, S.
2; 94-221, S. 14; P.A. 95-225, S. 22; P.A. 98-70, S. 3; 98-256, S. 6; P.A. 99-26, S. 12, 39; P.A. 01-211, S. 14; P.A. 02-132, S. 23; P.A. 03-208, S. 3; P.A. 04-152, S. 1; June Sp. Sess. P.A. 07-4, S. 79.)
History: 1969 acts restated provisions and divided section into Subsecs., inserting new provision authorizing commitment of child to department of children and youth services as Subsec. (b); P.A. 75-226 added provisions in Subsec. (a) re
orders for child to do work in public buildings or on public property; P.A. 75-567 deleted references to youths judged to
be delinquent in Subsec. (c); P.A. 75-602 restored references to youths deleted by P.A. 75-667 in Subsec. (c) and authorized
commitment of child or youth to commissioner of children and youth services rather than to "a hospital or other institution
empowered by law to treat mentally ill children" in that Subsec.; P.A. 76-436 deleted reference to juvenile court in Subsec.
(d), reflecting transfer of juvenile court's powers and duties to superior court, effective July 1, 1978; P.A. 78-188 authorized
court to order child to make restitution in Subsec. (a); P.A. 79-581 added Subsec. (e) re procedure where delinquent act
is a serious juvenile offense; Sec. 17-68 temporarily renumbered as Sec. 51-321 and ultimately transferred to Sec. 46b-140 in 1979, (see note to Sec. 17-68) and references to other sections within provisions revised as necessary by the Revisors
to reflect their transfer; P.A. 84-10 amended Subsec. (c) by authorizing a court to place a child who is a member of a family
with service needs on vocational probation if certain findings are made; P.A. 84-389 amended Subsec. (b) by adding
provision that prior to making commitment, court shall consult with department to determine placement in best interests
of child and amended Subsec. (d) by deleting references to commitment to any institution, person or agency other than the
department of children and youth services; P.A. 89-273 amended Subsec. (e) to delete reference to a "mandatory" transfer
hearing to conform to changes made by act to Sec. 46b-126; P.A. 89-390 amended Subsec. (a) by authorizing the court to
order the child to participate in a wilderness school program operated by the department of children and youth services;
P.A. 90-161 added provision in Subsec. (a) permitting the court, as a condition of probation, to order the child to participate
in a program of periodic drug testing and treatment; P.A. 90-240 deleted the term "defective delinquents"; P.A. 90-325
changed effective date of P.A. 90-240 from July 1, 1990, to July 1, 1991; P.A. 93-91 substituted commissioner and
department of children and families for commissioner and department of children and youth services, effective July 1,
1993; P.A. 94-136 amended Subsec. (a) by authorizing the court to order the child to participate in an alternative incarceration program; P.A. 94-221 amended Subsec. (a) to provide for participation in a youth service bureau program and expanded
the list of possible conditions of probation to include attendance at school and class on a regular basis and compliance with
school policies on student conduct and discipline; P.A. 95-225 added a new Subsec. (a) re factors the court shall consider
in determining the appropriate disposition of a child convicted as delinquent, designated provisions of former Subsec. (a)
re disposition alternatives as Subsec. (b) and amended said Subsec. to replace the provision authorizing the court to
"adjudge" a child delinquent and take one of the enumerated actions "if it finds that the child is delinquent and needs the
care, discipline or protection of the state" with provision authorizing the court to take one of the enumerated actions "Upon
conviction of the child as delinquent", insert Subdiv. indicators and add Subdiv. (6) re restitution and Subdiv. (7) re
community service, designated provisions of former Subsec. (a) authorizing the court to order as a condition of probation
school attendance or drug testing or treatment as Subsec. (c) and amended said Subsec. to include "alcohol" testing and
treatment, deleted provisions of former Subsec. (a) authorizing the court to order the child to do work of which he is capable
in public buildings and on public property or make restitution of the fruits of his offense or make restitution in an amount
he can afford to pay or provide in a suitable manner for the loss or damage caused thereby provided the child and his parent
or guardian accept such disposition, added new Subsec. (d) authorizing the court to order the child or the parent or parents
or guardian of the child, or both, to make full or partial restitution to the victim of the offense, added new Subsec. (e)
authorizing the court to order the child to participate in a program of community service, redesignated former Subsec. (b)
as Subsec. (f), redesignated former Subsec. (c) as Subsec. (g) and amended said Subsec. to replace "adjudges" and "adjudged" with "convicts" and "convicted", respectively, redesignated former Subsec. (d) as Subsec. (h), redesignated former
Subsec. (e) as Subsec. (i) and amended said Subsec. to delete in Subdiv. (1) the maximum period of 6 months during which
the child shall be placed out of his town of residence, delete former Subdiv. (2) that had required the court to impose a
period of one year during which a child who had committed a serious juvenile offense and been subject to a transfer hearing
shall be placed out of his town of residence, and redesignate former Subdiv. (3) as Subdiv. (2); P.A. 98-70 added new
Subsec. (j) re access by Commissioner of Children and Families to educational records, treatment records, records of prior
placement in residential facility and records of Judicial Department of child convicted as delinquent and committed to
department; P.A. 98-256 amended Subsec. (b) to replace in Subdiv. (5) "order the child to remain in his own home or in
the custody of a relative or any other fit person subject to the supervision of the probation officer" with "place the child
on probation" and amended Subsec. (c) to specify the conditions of probation that a court may order by adding new Subdiv.
(1) re place of residence, new Subdiv. (3) re refraining from violations of law, new Subdiv. (4) re medical or psychiatric
evaluation or treatment, new Subdiv. (7) re restitution, new Subdiv. (8) re participation in alternative incarceration program,
new Subdiv. (9) re participation in community service program and new Subdiv. (10) re satisfaction of other appropriate
conditions and by redesignating former Subdiv. (1) re school attendance and compliance with school policies as Subdiv.
(2) and by dividing former Subdiv. (2) re alcohol and drug testing and treatment into Subdiv. (5) re testing and Subdiv.
(6) re treatment, and to add requirement that the court cause a copy of the order to be delivered to the child, the child's
parents or guardian and the child's probation officer, amended Subsec. (g) to authorize the court to place on vocational
probation a child who "would not benefit from continued school attendance" rather than a child who is "either mentally
deficient or too educationally retarded to benefit from school attendance" and require the court to find that such employment
would be "favorable to the child's welfare" rather than "more favorable to his welfare than commitment to an institution"
and amended Subsec. (i) to make technical changes; P.A. 99-26 amended Subsec. (i) to authorize the court to set "a
minimum period of 12 months during which the child shall be placed in a residential facility operated by or under contract
with said department, as determined by the Commissioner of Children and Families" rather than "a period of time during
which the Department of Children and Families shall place such child out of his town of residence at the commencement
of such child's commitment" and to authorize a petition for "modification of any such order" rather than for "temporary
modification of any such order not to extend or reduce the term of such placement", added new Subsec. (j) re commitment
and placement options for the sentencing court, placement options for the Commissioner of Children and Families and the
use of a risk and needs assessment classification system by the commissioner, added Subsec. (k) re sight and sound
separation of female offenders and prohibition on sharing of program activities, redesignated former Subsec. (j) as Subsec.
(l) and made technical changes in Subsecs. (g) and (h) for purposes of gender neutrality, effective upon the filing with the
Governor and the General Assembly of written certification by the Commissioner of Children and Families that the new
Connecticut Juvenile Training School is operational (Revisor's note: Said written certification was filed with the Senate
and House Clerks on September 20, 2001, and with the Governor on September 21, 2001); P.A. 01-211 amended Subsec.
(d) to replace "full or partial restitution" with "resititution"; P.A. 02-132 amended Subsec. (c)(8) by replacing "Office of
Alternative Sanctions" with "Court Support Services Division"; P.A. 03-208 amended Subsec. (c) to add provision authorizing the court to order counseling or participation in an animal cruelty prevention and education program as a condition of
probation for a child convicted as delinquent for a violation of Sec. 53-247; P.A. 04-152 amended Subsec. (j) by adding
references to "male" juvenile offenders and children and making a technical change and replaced former Subsec. (k) re
female children committed to the Connecticut Juvenile Training School with new Subsec. (k) prohibiting female children
from being placed in said school, effective May 21, 2004; June Sp. Sess. P.A. 07-4 amended Subsec. (b) to insert new
Subdiv. (1) and Subparas. (A) to (H) designators, and insert new Subdiv. (2) re imposition of penalty established in Sec.
30-89(b), for any violation of said Subsec., effective January 1, 2010.
See Sec. 17a-10 re Children and Families Commissioner's custody of committed children, re support and health services
for such children and re extension or termination of commitment.
Annotations to former section 17-68:
Cited. 162 C. 243.
Suspension of sentence and suspension of execution of a commitment distinguished; juvenile court has no power as to
the latter. 19 CS 433. Cited. 26 CS 316. See note to Sec. 46b-121.
Annotations to present section:
Cited. 199 C. 693. Cited. 204 C. 630. Cited. 207 C. 270. Cited. 211 C. 151.
Subsec. (c):
Cited. 206 C. 323.