Sec. 54-76b. Youthful offenders: Definitions; applicability of interstate compact.
Sec. 54-76b. Youthful offenders: Definitions; applicability of interstate compact. (a) For the purposes of sections 54-76b to 54-76n, inclusive:
(1) "Youth" means (A) a minor who has reached the age of sixteen years but has
not reached the age of eighteen years at the time of the alleged offense, or (B) a child
who has been transferred to the regular criminal docket of the Superior Court pursuant
to section 46b-127; and
(2) "Youthful offender" means a youth who (A) is charged with the commission of
a crime which is not a class A felony or a violation of section 14-222a, subsection (a)
of section 14-224, section 14-227a or 14-227g, subdivision (2) of subsection (a) of
section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, except
a violation involving consensual sexual intercourse or sexual contact between the youth
and another person who is thirteen years of age or older but under sixteen years of age,
and (B) has not previously been convicted of a felony in the regular criminal docket of
the Superior Court or been previously adjudged a serious juvenile offender or serious
juvenile repeat offender, as defined in section 46b-120.
(b) The Interstate Compact for Adult Offender Supervision under section 54-133
shall apply to youthful offenders.
(1971, P.A. 72, S. 1; P.A. 79-581, S. 9; P.A. 81-472, S. 94, 159; P.A. 89-383, S. 15, 16; July Sp. Sess. P.A. 94-2, S. 7;
P.A. 95-142, S. 5; 95-225, S. 33; P.A. 01-84, S. 20, 26; 01-211, S. 18; P.A. 03-243, S. 4; P.A. 05-232, S. 1; P.A. 08-32, S. 10.)
History: P.A. 79-581 specified that those who have "been afforded a pretrial program for accelerated rehabilitation
under section 54-76p" are not to be considered as youthful offenders; P.A. 81-472 made technical changes; P.A. 89-383
revised in part definition of "youthful offender" by replacing "a youth who has committed a crime or crimes which are
not class A felonies" with "a youth who is charged with the commission of a crime which is not a violation of section 53a-70a or a class A felony"; July Sp. Sess. P.A. 94-2 included in the definition of "youth" a child who has been transferred
to the regular criminal docket pursuant to Sec. 46b-127(a)(2); P.A. 95-142 redefined "youthful offender" to exclude a
youth who is charged with the commission of a violation of Sec. 53-21(2) or of Sec. 53a-70, 53a-70b, 53a-71, 53a-72a or
53a-72b; P.A. 95-225 redefined "youthful offender" to exclude a youth who has previously been adjudged a serious juvenile
offender or a serious juvenile repeat offender and made a technical change; P.A. 01-84 replaced reference to "subdivision
(2) of section 53-21" with "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 01-211 inserted
Subdiv. indicators and amended Subdiv. (1) to replace reference to "subdivision (2) of section 53-21" with "subdivision
(2) of subsection (a) of section 53-21" and to add exception re violation involving consensual sexual intercourse or sexual
contact between the youth and another person who is 13 years of age or older but under 16 years of age; P.A. 03-243
replaced provision re Interstate Compact on Juveniles with provision re Interstate Compact for Adult Offender Supervision
under Sec. 54-133 and deleted "to the same extent as to minors below sixteen years of age"; P.A. 05-232 designated
definitions as Subsec. (a) and made technical changes therein, redefined "youth" in Subsec. (a)(1) by adding provisions
re age at time of the alleged offense and re docket of the Superior Court, redefined "youthful offender" in Subsec. (a)(2)
by adding provision re felony conviction in regular docket of the Superior Court and deleting provisions re adjudication
as a youthful offender and prior accelerated rehabilitation, and designated provision re applicability of interstate compact
as Subsec. (b), effective January 1, 2006; P.A. 08-32 amended Subsec. (a)(2) to redefine "youthful offender" by excluding
a youth who is charged with a violation of Sec. 14-222a, 14-224(a), 14-227a or 14-227g, effective August 1, 2008.
Cited. 173 C. 414. Cited. 179 C. 98. Overruled State v. Bell, 179 C. 98, in determining that an order denying youthful
offender status is not an appealable final judgment. 192 C. 85. Cited. 205 C. 638. Cited. 240 C. 743.
Cited. 6 CA 505. Cited. 8 CA 607. Cited. 20 CA 101.
Cited. 30 CS 71. Since motor vehicle violations are specifically excluded from definition of an offense, and, therefore,
from definition of a crime, negligent homicide with a motor vehicle is not a crime to which youthful offender status may
be applied. 49 CS 170.