Vote Smart's Synopsis:

Vote to pass a bill that prohibits teenagers and children from being sent to adult prison facilities.

Highlights:

• Requires the Court to consider and, where appropriate, employ any of the following alternatives prior to making a decision of secure detention pending adjudication (Sec. 1.b):

• Release on the child's own recognizance;

• Release to parents, guardian, custodian or other willing member of the child's family acceptable to the Court;

• Release on bail, with or without conditions;

• Release with imposition of restrictions on activities, associations, movements and residence reasonably related to securing the appearance of the child at the next hearing; and

• Release to a non secure detention alternative developed by the Department of Services for Children, Youth and Their Families such as home detention, daily monitoring, intensive home based services with supervision, foster placement, or a non secure residential setting.

• Authorizes the Court to transfer the case to the Family Court for trial and disposition if, in the opinion of the Court, the interests of justice would be best served by such transfer. Before ordering any such transfer, the Superior Court shall hold a hearing at which it may consider evidence as to the following factors and such other factors which, in the judgment of the Court are deemed relevant (Sec. 1011.b):

• The nature of the present offense and the extent and nature of the defendant’s prior record, if any;

• The nature of past treatment and rehabilitative efforts and the nature of the defendant’s response thereto, if any; and

• Whether the interests of society and the defendant would be best served by trial in the Family Court or in the Superior Court.

• Establishes when a child who has not reached that child's 18th birthday is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sentence and such child shall remain in the custody of or be transferred forthwith to the Division of Youth Rehabilitative Services until the child's 18th birthday, at which time such child shall be transferred forthwith to the Department of Correction to serve the remaining portion of said sentence (Sec. 2.a).

• Specifies if a child has reached the child’s sixteenth birthday has been sentenced in Superior Court, the Department of Services for Children, Youth and Their Families may file a motion in Superior Court to place the child in a secure detention facility other than a facility operated by the Department because the Department's secured detention facilities are at or beyond capacity or the child poses a security risk to self or other youth served by the Department in the facilities it operates (Sec. 2.a-1).

• Authorizes the Superior Court to order the child to be placed in a secure detention facility not operated by the Department if the Court finds by clear and convincing evidence that the Department's secured detention facilities are at or beyond capacity and the child's safety or health is at risk by remaining at a facility operated by the Department (Sec. 2.a-2). 

• Authorizes the Superior Court to order the child to be placed in a secure detention facility not operated by the Department if the Court finds by clear and convincing evidence that the child is a danger to self or other youth served by the Department in the facilities it operates and the child's needs would be better served at a facility not operated by the Department (Sec. 2.a-3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits teenagers and children from being sent to adult prison facilities.

Highlights:

• Requires the Court to consider and, where appropriate, employ any of the following alternatives prior to making a decision of secure detention pending adjudication (Sec. 1.b):

• Release on the child's own recognizance;

• Release to parents, guardian, custodian or other willing member of the child's family acceptable to the Court;

• Release on bail, with or without conditions;

• Release with imposition of restrictions on activities, associations, movements and residence reasonably related to securing the appearance of the child at the next hearing; and

• Release to a non secure detention alternative developed by the Department of Services for Children, Youth and Their Families such as home detention, daily monitoring, intensive home based services with supervision, foster placement, or a non secure residential setting.

• Authorizes the Court to transfer the case to the Family Court for trial and disposition if, in the opinion of the Court, the interests of justice would be best served by such transfer. Before ordering any such transfer, the Superior Court shall hold a hearing at which it may consider evidence as to the following factors and such other factors which, in the judgment of the Court are deemed relevant (Sec. 1011.b):

• The nature of the present offense and the extent and nature of the defendant’s prior record, if any;

• The nature of past treatment and rehabilitative efforts and the nature of the defendant’s response thereto, if any; and

• Whether the interests of society and the defendant would be best served by trial in the Family Court or in the Superior Court.

• Establishes when a child who has not reached that child's 18th birthday is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sentence and such child shall remain in the custody of or be transferred forthwith to the Division of Youth Rehabilitative Services until the child's 18th birthday, at which time such child shall be transferred forthwith to the Department of Correction to serve the remaining portion of said sentence (Sec. 2.a).

• Specifies if a child has reached the child’s sixteenth birthday has been sentenced in Superior Court, the Department of Services for Children, Youth and Their Families may file a motion in Superior Court to place the child in a secure detention facility other than a facility operated by the Department because the Department's secured detention facilities are at or beyond capacity or the child poses a security risk to self or other youth served by the Department in the facilities it operates (Sec. 2.a-1).

• Authorizes the Superior Court to order the child to be placed in a secure detention facility not operated by the Department if the Court finds by clear and convincing evidence that the Department's secured detention facilities are at or beyond capacity and the child's safety or health is at risk by remaining at a facility operated by the Department (Sec. 2.a-2). 

• Authorizes the Superior Court to order the child to be placed in a secure detention facility not operated by the Department if the Court finds by clear and convincing evidence that the child is a danger to self or other youth served by the Department in the facilities it operates and the child's needs would be better served at a facility not operated by the Department (Sec. 2.a-3).

Full Bill Text