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WARNING! This presentation and the slides that follow are the work product and intellectual property of Francis J. Carino and the Connecticut Division of Criminal Justice. They may not be used, copied or otherwise presented or reproduced without the express written consent of Francis J. Carino or the Connecticut Division of Criminal Justice. NOTE: This material was updated on April 30, 2018 and is subject to change after that date as new laws get passed and new court decisions are rendered. You should refer to the current laws and decisions when taking any action.
Division of Criminal Justice Chief State’s Attorney’s Office Connecticut Department of Children & Families Connecticut Fire Marshal’s Association The Connecticut Juvenile Justice System & the Laws Impacting Youth Firesetting Presented by: Francis J. Carino Supervisory Assistant State’s Attorney May 2018
The juvenile court has jurisdiction over persons who commit criminal acts prior to their 18thbirthday. Whether a charge is classified as a felony or a misdemeanor doesn’t have the same significance in juvenile court as it does in the adult court. The more significant difference is whether the charge is classified as a Serious Juvenile Offense (SJO) or not. Currently, the maximum commitment for a conviction for an SJO is four years. For all other charges, it is 18 months, with a possible extension of another 18 months. All delinquency commitments end on the person’s 20th birthday, regardless of how much time is left on the commitment.
Upon the arrest of a juvenile, the police may: Release the juvenile with a warning Divert the case to a diversion program such as a juvenile review board
Many towns and cities now have diversion programs known as Juvenile Review Boards (JRB). The purpose of these programs is to try and divert first or second-time offenders, charged with minor crimes, who admit responsibility for their actions, from the juvenile court system. Most JRBs will only accept misdemeanor cases although in some situations, felony cases have been accepted. If the JRB program is completed satisfactorily, the charges are dismissed without a juvenile record. If unsuccessful, the case could be referred to the juvenile court. DCF should be should be present or represented on the JRB when hearing the case of a committed juvenile.
Upon the arrest of a juvenile, the police may: Release the juvenile with a warning Divert the case to a diversion program such as a juvenile review board Charge the juvenile with a delinquent act and refer the matter to the Juvenile Court that serves the juvenile’s town of residence and: release the child to the custody of the child’s parent or parents, guardian or some other suitable person or agency, at the discretion of the officer, release the child to the child’s own custody, or seek a court order to detain the child in a state-operated, secure juvenile detention center.
Recent changes changes in the law will permit the placement of a juvenile in a secure juvenile detention center only upon a finding that: there is probable cause to believe that the child has committed the acts alleged, and there is no less restrictive alternative available, and there is: 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, or a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process, or a need to hold the child for another jurisdiction
Concern that a juvenile, arrested for a delinquent act, • may run away, • may commit or attempt to commit other offenses that may be injurious to the juvenile, • may pose a risk to themselves if allowed to remain at home, due to the serious and dangerous nature of the alleged offenses, or • is in violation of the court-ordered conditions of release from detention • are no longer reasons to put a juvenile in detention. “This is a new way of parenting.” “You’re not going to incarcerate children just to protect them.”
A juvenile, age 15 or older, who commits a crime that would be classified as a felony for an adult, may have their case transferred from the juvenile court to the adult court. Certain very serious felony offenses are subject to the automatic transfer to the adult court. Other felony offenses may be transferred to the adult court at the discretion of the prosecutor. Recent legislative changes however, have made charges subject to the discretionary transfer procedure virtually impossible to transfer because the court must find that transfer is in the best interests of the child. In some cases, the adult court may decide to return a transferred case to the juvenile court. A juvenile whose case is handled in the adult court is prosecuted and, if convicted, sentenced as an adult.
Processing a Juvenile Case • Non-Judicial Handling • Eligibility: • Available for first or second time offenders; • Charge cannot: • be a felony or SJO* • involve a motor vehicle, • involve the sale of drugs, • possession of a weapon; • Willing to sign a Statement of Responsibility; Note: “Serious Juvenile Offense” (SJO) designation is made by the Legislature for certain crimes and listed in the statutes.
Processing a Juvenile Case • Non-Judicial Handling Dispositional Alternatives: • Dismiss with a warning; • Supervision for a period up to 180 days; • counseling; • community service; • restitution; • drug testing; • essay; • apology; • If successfully completed ➜ no conviction & automatic erasure.
Processing a Juvenile Case • Judicial Handling • 1. Arraignment • 2. Pretrial 3. Pretrial motions • 4. Trial • 5. Disposition • 6. Post trial motions 7. Competency hearing • 8. Interstate Compact proceedings 9. Appeal proceedings
Processing a Juvenile Case • Judicial Handling • Dispositional Alternatives: • Dismisswith a warning; • Probation; • A violation of probation would only be filed if there is a new arrest or if the imposition of graduated sanctions was no longer appropriate. Similar to Non-judicial supervisionexcept now there is a conviction. • After a hearing and for good cause, conditions of probation can be modified or extended. • Currently, no statutory maximum period that probation can be imposed. No practical consequence for a violation after age 20 however. • counseling; • community service; • restitution; • drug testing; • essay; • apology; • Suspended Commitment to DCF(until July 1, 2018); • Commitment to DCF(until July 1, 2018); • 18 months/4 years (SJO); • Residential Facility/CJTS (boys) or Pueblo (girls)
There are different rules applicable to statements of juveniles under 16 and those that are 16 or 17. The key difference between the rules is that: • For juveniles under age 16 – having a parent or guardian present is a requirement for the admissibility of the juvenile’s admission, confession or statement. • For 16 year olds or 17 year olds, the presence of a parent or guardian is a right that may be waived subject to review by the court using the “totality of the circumstances” test.
Any admission, confession or statement, written or oral, made by a child under age 16to a police officer or Juvenile Court official shall be inadmissiblein any proceeding concerning the alleged delinquency of the child making such admission, confession or statement unless made by such child in the presenceof his parent or parents or guardian and after the parent or parents or guardian and child have been advised: of the child's right to retain counsel, or if unable to afford counsel, to have counsel appointed for them, of the child's right to refuse to make any statements and that any statements he/she makes may be introduced into evidence against him/her.CGS § 46b-137(a)
Any admission, confession or statement, written or oral, made by a 16 or 17 year oldchild to a police officer or Juvenile Court official shall be inadmissiblein any proceeding concerning the alleged delinquency of the child making such admission, confession or statement, unless • the police officer has made reasonable efforts to contact a parent or guardian of the child, and • such child has been advised that: • they have the right to contact a parent or guardian and to have them present during any interview, • they have the right to retain counsel or, if unable to afford counsel, to have counsel appointed for them, • they have the right to refuse to make any statement, and • any statement they make may be introduced into evidence against them.CGS § 46b-137(b)
The following tables include the charges that DCF is likely to encounter when dealing with juveniles that set fires. • The tables indicate the following: • statutory citation (Connecticut General Statutes) • name of the offense; • classification of the offense (A-F is class A felony, C-M • is a class C misdemeanor); • whether the offense is a Serious Juvenile Offense; • whether the offense is eligible for transfer and, if so, • whether it is automatic or discretionary; • current maximum commitment if convicted in the • juvenile court (before any available extension); • whether the charge is eligible for diversion through • most JRB programs;
The Elements The slides that follow describe the elements of the charges that must be established to convict.
While the ultimate charging decision is made by the prosecutor, the police will initially charge a juvenile with the offenses for which the police investigation indicates there is probable cause to believe that the juvenile committed.
§ 53a-54d. Arson murder: Class A felony (SJO) • person commits arson and, • in the course of such arson, causes the death of a person. • § 53a-111. Arson in the first degree: Class A felony (SJO) • intends to destroy or damage a building and, • starts a fire or causes an explosion, and • the building is inhabited or occupied or the person has reason to believe the building may be inhabited or occupied; or • any other person is injured; or • the fire or explosion was caused for the purpose of • collecting insurance proceeds for the loss; or • at the scene of such fire or explosion a peace officer or firefighter is subjected to a substantial risk of bodily injury.
“Building” in addition to its ordinary meaning, includes any watercraft, aircraft, trailer, sleeping car, railroad car or other structure or vehicle or any building with a valid certificate of occupancy. Where a building consists of separate units, such as, but not limited to separate apartments, offices or rented rooms, any unit not occupied by the actor is, in addition to being a part of such building, a separate building;
§ 53a-112. Arson in the second degree: Class B felony (SJO) • intends to destroy or damage a building, and • (1) starts a fire or causes an explosion and • subjects another person to a substantial risk of bodily injury; or • the fire or explosion was intended to conceal some other criminal act; or • the fire or explosion was intended to subject another person to a deprivation of a right, privilege or immunity secured or protected by the constitution or laws of this state or of the United States; or • the fire or explosion was caused by an individual hired • by such person to start such fire or cause such explosion.
§ 53a-113. Arson in the third degree: Class C felony (SJO) • intentionally start a fire or causing an explosion. • recklessly causes destruction or damage to a building • of his own or of another • § 53a-114. Reckless burning: Class D felony • intentionally start a fire or cause an explosion, • whether on his own property or another's, and • thereby recklessly places a building of another in • danger of destruction or damage.
§ 53a-115. Criminal mischief in the first degree: Class D felony • having no reasonable ground to believe they have a right to do so, they • intentionally cause damage to the property of another • in an amount exceeding $1,500, or • intentionally cause an interruption or impairment of service rendered to the public by damaging or tampering with • any tangible property used for fire alarm or police alarm purposes, • any police telecommunication, • any emergency medical or fire dispatching system, • any fire suppression equipment, or • any fire hydrant or hydrant system
§ 53a-116. Criminal mischief 2nd: Class A misdemeanor • having no reasonable ground to believe that they have a right to do so, they • intentionally cause damage to the property of another in an amount exceeding $250; or • Intending to cause an interruption or impairment of service rendered to the public, they damage or tamper with the property of a public utility or mode of transportation and thereby cause the risk of interruption or impairment of the service.
§ 53a-117. Criminal mischief in the third degree: Class B misdemeanor • having no reasonable ground to believe that they have • a right to do so, they • intentionally or recklessly • damage the property of another, or • tamper with the property of another and thereby cause such property to be placed in danger of damage; or • damage the property of another by negligence • involving the use of any potentially harmful or destructive • force or substance, including, but not limited to, fire, • explosives, flood, avalanche, collapse of building, poison • gas or radioactive material;
§ 53a-117a. Criminal mischief 4th: Class C misdemeanor • having no reasonable ground to believe that they have • a right to do so, they • intentionally or recklessly damage, tamper with or remove: • any fire hydrant; or • any property for fire alarm, smoke detection/alarm, fire suppressant or police alarm purposes;
§ 53a-167a. Interfering with an officer: Class A misdemeanor • They • obstruct, or • resist, or • hinder or • endanger • any firefighter in the performance of such firefighter's duties.
§ 53a-167b. Failure to assist a firefighter: Class A misdemeanor • They • refuse to assist a firefighter in the execution of such firefighter's duties • when commanded by firefighter authorized to command • assistance,
§ 53a-167c. Assault of public safety, emergency medical or public transit personnel: Class C felony (SJO) • with intent to prevent a reasonably identifiable firefighter from performing his or her duties, and while such firefighter is acting in the performance of his or her duties, • they • cause physical injury to such firefighter, or • throw or hurl, or cause to be thrown or hurled, any rock, bottle, can or other article, object or missile of any kind capable of causing physical harm, damage or injury, at such firefighter, or • use or cause to be used any mace, tear gas or any like or similar deleterious agent against firefighter, or
§ 53a-180. Falsely reporting an incident in the first degree: Class D felony • knowing the information reported, conveyed or circulated is false or baseless, they • Initiate or circulate a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, catastrophe or emergency under circumstances in which it is likely that public alarm or inconvenience will result; or • report to any official having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other catastrophe or emergency which did not in fact occur or does not in fact exist. (Now includes “swatting.”)
