Sec. 46b-133e. Suspension of delinquency proceedings for participation in school violence prevention program.
Sec. 46b-133e. Suspension of delinquency proceedings for participation in
school violence prevention program. (a) The court, upon motion of a child charged
with an offense involving the use or threatened use of physical violence in or on the
real property comprising a public or private elementary or secondary school or at a
school-sponsored activity as defined in subsection (h) of section 10-233a, may order
the suspension of the delinquency proceedings for a period of one year and order the child
to participate in a school violence prevention program during the period of suspension if
the court, after consideration of information before it, finds that (1) the child presently
needs and is likely to benefit from participation in a school violence prevention program,
and (2) the suspension of the delinquency proceedings will advance the interests of
justice.
(b) As a condition of eligibility for suspension of prosecution and placement in a
school violence prevention program pursuant to this section, (1) the child shall agree
to participate in a program of anger management and nonviolent conflict resolution
consisting of at least eight group counseling sessions, and to satisfactorily complete
such program, (2) the child shall agree to comply with any orders of the court, and (3)
the parents or guardian of such child shall certify under penalty of false statement that,
to the best of such parents' or guardian's knowledge and belief, neither such parent or
guardian nor such child possesses any firearms, dangerous weapons, controlled substances or other property or materials the possession of which is prohibited by law or
in violation of the law.
(c) The cost of participation in such program shall be paid by the parent or guardian
of such child, except that no child shall be excluded from such program for inability to
pay such cost provided (1) the parent or guardian of such child files with the court an
affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.
(d) During the period of suspension, a child shall be placed under the supervision
of a juvenile probation officer for placement in a school violence prevention program
and such officer shall monitor the compliance of the child with the orders of the court
including, but not limited to, maintaining contact with the child and officials of the
child's school.
(e) If the court denies the motion for suspension of the delinquency proceedings,
the juvenile prosecutor may proceed with the delinquency proceedings. Any order of
the court granting or denying a motion for suspension of the delinquency proceedings
shall not be deemed a final order for purposes of appeal.
(f) At any time before the end of the period of the suspension of the delinquency
proceedings, but not later than one month before the end of the period of suspension, a
juvenile probation officer shall notify the court of the impending conclusion of the
suspension and submit a report on whether the child has satisfactorily completed the
school violence prevention program and has complied with all other conditions of the
suspension order imposed by the court.
(g) If the court, on motion of the child or on its own motion, finds that the child has
satisfactorily completed the school violence prevention program and has complied with
all other conditions of suspension, and one year has elapsed since the child was placed
in such program, it may dismiss the charge for which the delinquency proceedings had
been suspended. If the court denies the motion and terminates the suspension of the
delinquency proceedings, the juvenile prosecutor may proceed with such proceedings.
(P.A. 99-259, S. 1, 3.)
History: P.A. 99-259 effective January 1, 2000.
See Sec. 54-56j re school violence prevention program for students sixteen years of age and older.