Sec. 46b-133d. *(See end of section for amended version of subsection (f) and effective date.) Serious sexual offender prosecution. Sentencing.
Sec. 46b-133d. *(See end of section for amended version of subsection (f) and
effective date.) Serious sexual offender prosecution. Sentencing. (a) For the purposes
of this section, "special juvenile probation" means a period of probation imposed by
the superior court for juvenile matters upon a child in a proceeding designated as a
serious sexual offender prosecution during which the child is supervised by a juvenile
probation officer prior to such child attaining eighteen years of age and by an adult
probation officer after such child attains eighteen years of age.
(b) Whenever a child is referred for the commission of any crime of a sexual nature,
and such case is not transferred to the regular criminal docket pursuant to section 46b-127, the juvenile prosecutor may request the court to designate the proceeding as a
serious sexual offender prosecution.
(c) If a juvenile prosecutor requests that a proceeding be designated a serious sexual
offender prosecution, the court shall hold a hearing not later than thirty days after the
filing of such request unless good cause is shown by the juvenile prosecutor or by the
child as to why the hearing should not be held within such period. If good cause is
shown, the hearing shall be held not later than ninety days after the filing of such request.
The court shall decide whether to designate the proceeding as a serious sexual offender
prosecution not later than thirty days after the completion of such hearing. The court shall
grant the request to designate the proceeding as a serious sexual offender prosecution if
the juvenile prosecutor shows by a preponderance of the evidence that such designation
will serve the public safety. The decision to designate the proceeding as a serious sexual
offender prosecution shall not be a final judgment for purposes of appeal.
(d) A proceeding designated as a serious sexual offender prosecution pursuant to
subsection (c) of this section shall be held before the court without a jury provided the
child has waived the right to a trial by jury. If a child is convicted of or pleads guilty or
nolo contendere to a charge in a proceeding that has been designated as a serious sexual
offender prosecution, the court shall: (1) Sentence the child in accordance with section
46b-140 or 46b-141a, (2) sentence the child to a period of special juvenile probation of
at least five years, to commence upon the release of the child from the institution, agency
or program in whose care the child had been placed, and (3) sentence the child in accordance with section 53a-28 with the execution of such sentence stayed on the condition
that the child not violate the conditions of the sentence imposed pursuant to subdivisions
(1) and (2) of this subsection or commit a subsequent crime.
(e) Whenever it appears that a child who has been sentenced pursuant to subsection
(d) of this section has violated the conditions of the sentence imposed pursuant to subdivision (2) of said subsection or has committed a subsequent crime, the court may, without
notice, order that the child be immediately taken into custody in accordance with the
provisions of sections 46b-125 and 53a-32. If such violation of probation or subsequent
crime occurs prior to the person attaining eighteen years of age, the matter shall be
handled by the superior court for juvenile matters. If such violation of probation or
subsequent crime occurs after the person has attained eighteen years of age, the matter
shall be handled by the regular criminal docket of the Superior Court. Whenever such
matter is handled by the superior court for juvenile matters, the court shall notify the
child and such child's parent or guardian and the attorney of record, if any, in writing
of the reasons alleged to exist for the lifting of the stay of execution of the sentence
imposed pursuant to subdivision (3) of subsection (d) of this section. If the child challenges such reasons, the court shall hold a hearing at which the child shall be entitled
to be heard and be represented by counsel. After such hearing, if the court finds that the
child has violated the conditions of the sentence imposed pursuant to subdivision (2)
of subsection (d) of this section or committed a subsequent crime, it shall order the child
to serve a sentence not to exceed that imposed pursuant to subdivision (3) of subsection
(d) of this section unless it determines there are mitigating circumstances that justify
continuing the stay of execution and specifically states such mitigating circumstances
in writing for the record. The child shall receive credit against any sentence imposed
pursuant to subdivision (3) of subsection (d) of this section for time served in a juvenile
facility pursuant to the sentence imposed pursuant to subdivision (1) of said subsection.
*(f) When a proceeding has been designated a serious sexual offender prosecution
pursuant to subsection (c) of this section and the child does not waive the right to a trial
by jury, the court shall transfer the case from the docket for juvenile matters to the
regular criminal docket of the Superior Court. Upon transfer, such child shall stand trial
and be sentenced, if convicted, as if such child were sixteen years of age, except that
no such child shall be placed in a correctional facility but shall be maintained in a facility
for children and youths until such child attains sixteen years of age or until such child
is sentenced, whichever occurs first. Such child shall receive credit against any sentence
imposed for time served in a juvenile facility prior to the effectuation of the transfer. A
child who has been transferred may enter a guilty plea to a lesser offense if the court
finds that such plea is made knowingly and voluntarily. Any child transferred to the
regular criminal docket who pleads guilty to a lesser offense shall not resume such
child's status as a juvenile regarding such offense. If the action is dismissed or nolled
or if such child is found not guilty of the charge for which such child was transferred,
the child shall resume such child's status as a juvenile until such child attains sixteen
years of age.
(June Sp. Sess. P.A. 99-2, S. 47; P.A. 06-196, S. 175.)
*Note: On and after January 1, 2010, subsection (f) of this section, as amended by
section 77 of public act 07-4 of the June special session, is to read as follows:
"(f) When a proceeding has been designated a serious sexual offender prosecution
pursuant to subsection (c) of this section and the child does not waive the right to a trial
by jury, the court shall transfer the case from the docket for juvenile matters to the
regular criminal docket of the Superior Court. Upon transfer, such child shall stand trial
and be sentenced, if convicted, as if such child were eighteen years of age, except that
no such child shall be placed in a correctional facility but shall be maintained in a facility
for children and youths until such child attains eighteen years of age or until such child
is sentenced, whichever occurs first. Such child shall receive credit against any sentence
imposed for time served in a juvenile facility prior to the effectuation of the transfer. A
child who has been transferred may enter a guilty plea to a lesser offense if the court
finds that such plea is made knowingly and voluntarily. Any child transferred to the
regular criminal docket who pleads guilty to a lesser offense shall not resume such
child's status as a juvenile regarding such offense. If the action is dismissed or nolled
or if such child is found not guilty of the charge for which such child was transferred,
the child shall resume such child's status as a juvenile until such child attains eighteen
years of age."
(June Sp. Sess. P.A. 99-2, S. 47; P.A. 06-196, S. 175; June Sp. Sess. P.A. 07-4, S. 77.)
History: P.A. 06-196 made a technical change in Subsec. (f), effective June 7, 2006; June Sp. Sess. P.A. 07-4 amended
Subsec. (f) to substitute "eighteen years of age" for "sixteen years of age", effective January 1, 2010.