Sec. 54-76c. Eligibility to be adjudged a youthful offender. Transfer of cases.
Sec. 54-76c. Eligibility to be adjudged a youthful offender. Transfer of cases.
(a) In any case where an information or complaint has been laid charging a defendant
with the commission of a crime, and where it appears that the defendant is a youth, such
defendant shall be presumed to be eligible to be adjudged a youthful offender and the
court having jurisdiction shall, but only as to the public, order the court file sealed,
unless such defendant (1) is charged with the commission of a crime which is 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, or (2) has been previously 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. Except as provided in subsection (b) of this section, upon motion of the
prosecuting official, the court may order that an investigation be made of such defendant
under section 54-76d, for the purpose of determining whether such defendant is ineligible to be adjudged a youthful offender, provided the court file shall remain sealed, but
only as to the public, during such investigation.
(b) (1) Upon motion of the prosecuting official and order of the court, the case of
any defendant who is a youth and is charged with the commission of a felony, other
than a felony set forth in subsection (a) of this section, shall be transferred from the
youthful offender docket to the regular criminal docket of the Superior Court, provided
the court finds that there is probable cause to believe the defendant has committed the
act for which he or she is charged. The defendant shall be arraigned in the regular criminal
docket of the Superior Court by the next court business day following such transfer,
provided any proceedings held prior to the finalization of such transfer shall be private
and shall be conducted in such parts of the courthouse or the building wherein court is
located as shall be separate and apart from the other parts of the court which are then
being held for proceedings pertaining to adults charged with crimes. The file of any
case so transferred shall remain sealed until the end of the tenth working day following
such arraignment, unless the prosecuting official has filed a motion pursuant to subdivision (2) of this subsection, in which case such file shall remain sealed until the court
makes a decision on the motion.
(2) A prosecuting official may, not later than ten working days after such arraignment, file a motion to transfer the case of any defendant who is a youth and is charged
with the commission of a felony, other than a felony set forth in subsection (a) of this
section, from the regular criminal docket of the Superior Court to the youthful offender
docket for proceedings in accordance with the provisions of sections 54-76b to 54-76n,
inclusive. The court sitting for the regular criminal docket of the Superior Court shall,
after hearing and not later than ten working days after the filing of such motion, decide
such motion.
(1971, P.A. 72, S. 2; P.A. 98-81, S. 9; P.A. 05-232, S. 2; P.A. 08-32, S. 11.)
History: P.A. 98-81 changed "information or complaint" to "court file"; P.A. 05-232 designated existing provisions as
Subsec. (a) and amended same by replacing provisions re investigation of defendant for purpose of determining eligibility
to be adjudged a youthful offender with provisions re presumption of eligibility, exceptions to eligibility and investigation
to determine ineligibility to be adjudged a youthful offender, and added Subsec. (b) re transfer of cases, effective January
1, 2006; P.A. 08-32 amended Subsec. (a)(1) to add violations of Sec. 14-222a, 14-224(a), 14-227a and 14-227g to list of
violations to which presumption of eligibility and sealing of the court file does not apply, effective August 1, 2008.
Cited. 173 C. 414. Cited. 179 C. 98. Cited. 188 C. 565. Cited. 192 C. 85.
Cited. 8 CA 607.
Cited. 30 CS 71.