(a) Nothing in this part shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of warrants by judges in the manner provided by § 54-2a, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process appears imperative. Whenever a child is arrested and charged with a delinquent act, such child (1) shall be brought before a judge of the Superior Court not later than the fifth business day after such arrest, unless required sooner pursuant to subsection (e) of this section, and (2) may be required to submit to the taking of his photograph, physical description and fingerprints. Notwithstanding the provisions of § 46b-124, the name, photograph and custody status of any child arrested for the commission of a capital felony under the provisions of § 53a-54b in effect prior to April 25, 2012, or class A felony may be disclosed to the public.

Attorney's Note

Under the Connecticut General Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felonyup to 25 yearsup to $20,000
For details, see Conn. Gen. Stat.53a-35a

Terms Used In Connecticut General Statutes 46b-133

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alcohol-dependent: means a psychoactive substance dependence on alcohol as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders". See Connecticut General Statutes 46b-120
  • another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Child: means any person under eighteen years of age who has not been legally emancipated, except that (A) for purposes of delinquency matters and proceedings, "child" means any person who (i) is at least ten years of age at the time of the alleged commission of a delinquent act and who is (I) under eighteen years of age and has not been legally emancipated, or (II) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (ii) is subsequent to attaining eighteen years of age, (I) violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to a delinquency proceeding, or (II) wilfully fails to appear in response to a summons under §. See Connecticut General Statutes 46b-120
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Delinquent act: means (A) the violation by a child under the age of sixteen of any federal or state law, except a first or second offense under subdivision (1) of subsection (b) of §. See Connecticut General Statutes 46b-120
  • Drug-dependent: means a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders". See Connecticut General Statutes 46b-120
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juvenile residential center: means a hardware-secured residential facility operated by the Court Support Services Division of the Judicial Branch that includes direct staff supervision, surveillance enhancements and physical barriers that allow for close supervision and controlled movement in a treatment setting for preadjudicated juveniles and juveniles adjudicated as delinquent. See Connecticut General Statutes 46b-120
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Serious juvenile offense: means (A) the violation of, including attempt or conspiracy to violate, §. See Connecticut General Statutes 46b-120
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b) Whenever a child is brought before a judge of the Superior Court, which court shall be the court that has jurisdiction over juvenile matters where the child resides if the residence of such child can be determined, such judge shall immediately have the case proceeded upon as a juvenile matter. Such judge may admit the child to bail or release the child in the custody of the child’s parent or parents, the child’s guardian or some other suitable person to appear before the Superior Court when ordered. If there is probable cause to believe that the child has committed the acts alleged, the court may consider if the child should be assessed for services. Such assessment shall be held not later than two weeks after the child is arraigned and such child shall have the right to counsel at such assessment. If detention becomes necessary, such detention shall be in the manner prescribed by this chapter, provided the child shall be placed in the least restrictive environment possible in a manner consistent with public safety.

(c) (1) Upon the arrest of any child by an officer, such officer may (A) release the child to the custody of the child’s parent or parents, guardian or some other suitable person or agency, (B) at the discretion of the officer, release the child to the child’s own custody, or (C) using the form prescribed pursuant to § 46b-133p, seek a court order to detain the child in a juvenile residential center. No child may be placed in a juvenile residential center unless a judge of the Superior Court determines, based on the available facts, that (i) there is probable cause to believe that the child has committed the acts alleged, (ii) detention of the child is more reasonable than an appropriate less restrictive alternative, and (iii) there is (I) probable cause to believe that the level of risk that the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, (II) a need to hold the child in order to ensure the child’s appearance before the court or compliance with court process, as demonstrated by the child’s previous failure to respond to the court process, or (III) a need to hold the child for another jurisdiction. No child shall be held in any juvenile residential center unless an order to detain is issued by a judge of the Superior Court. If any such judge declines to detain a child, such judge shall articulate the reasons in writing, upon the form submitted in accordance with subparagraph (C) of this subdivision, for not holding the child in a juvenile residential center.

(2) A judge of the Superior Court may order any child who is released into the custody of his or her parent or guardian or some other suitable person or agency after being charged with a second or subsequent delinquency offense involving a motor vehicle, as defined in § 46b-133j, or property theft, to be electronically monitored by using a global positioning system device until such child’s case is disposed of or earlier upon order of the court. Any failure by the child to adhere to the judge’s order concerning electronic monitoring may result in immediate detention of such child.

(d) When a child is arrested for the commission of a delinquent act and the child is not placed in a juvenile residential center or referred to a diversionary program, an officer shall serve a written complaint and summons on the child and the child’s parent, guardian or some other suitable person or agency. If such child is released to the child’s own custody, the officer shall make reasonable efforts to notify, and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons. If a child is arrested for a firearms offense or a motor vehicle offense, the court date shall be scheduled for the next business day following the date of the child’s arrest for such offense. If any person so summoned wilfully fails to appear in court at the time and place so specified, the court may issue a warrant for the child’s arrest or a capias to assure the appearance in court of such parent, guardian or other person. If a child wilfully fails to appear in response to such a summons, the court may order such child taken into custody and such child may be charged with the delinquent act of wilful failure to appear under § 46b-120. The court may punish for contempt, as provided in § 46b-121, any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified.

(e) When a child is arrested for the commission of a delinquent act and is placed in a juvenile residential center pursuant to subsection (c) of this section, such child may be detained pending a hearing which shall be held on the business day next following the child’s arrest. No child may be detained after such hearing unless the court determines, based on the available facts, that (1) there is probable cause to believe that the child has committed the acts alleged, (2) there is no less restrictive alternative available, and (3) through the use of the detention risk screening instrument developed pursuant to § 46b-133g, that there is (A) probable cause to believe that the level of risk the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, (B) a need to hold the child in order to ensure the child’s appearance before the court or compliance with court process, as demonstrated by the child’s previous failure to respond to the court process, or (C) a need to hold the child for another jurisdiction. Such probable cause may be shown by sworn affidavit in lieu of testimony. No child shall be released from a juvenile residential center who is alleged to have committed a serious juvenile offense except by order of a judge of the Superior Court. The court may, in its discretion, consider as an alternative to detention a suspended detention order with graduated sanctions to be imposed based on the detention risk screening for such child, using the instrument developed pursuant to § 46b-133g. Any child confined in a community correctional center or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement. No such child may be held for a period that exceeds six hours, except such child may be held for a period that does not exceed eight hours in a case where an officer has submitted an application for an order of detention and the judge has not yet ruled on such application, or if such officer has been unable to contact such child’s parent or guardian. When a female child is held in custody, she shall, as far as possible, be in the charge of a woman attendant.

(f) The police officer who brings a child into detention shall have first notified, or made a reasonable effort to notify, the parents or guardian of the child in question of the intended action and shall file at the juvenile residential center a signed statement setting forth the alleged delinquent conduct of the child and the order to detain such child. Upon admission, the child shall be administered the detention risk screening instrument developed pursuant to § 46b-133g, and unless the child was arrested for a serious juvenile offense or unless an order not to release is noted on the take into custody order, arrest warrant or order to detain, the child may be released to the custody of the child’s parent or parents, guardian or some other suitable person or agency in accordance with policies adopted by the Court Support Services Division of the Judicial Department pursuant to § 46b-133h.

(g) In conjunction with any order of release from detention, the court may, when it has reason to believe a child is alcohol-dependent or drug-dependent as defined in § 46b-120, and where necessary, reasonable and appropriate, order the child to participate in a program of periodic alcohol or drug testing and treatment as a condition of such release. The results of any such alcohol or drug test shall be admissible only for the purposes of enforcing the conditions of release from detention.

(h) The detention supervisor of a juvenile residential center in charge of intake shall admit only a child who: (1) Is the subject of an order to detain or an outstanding court order to take such child into custody, (2) is ordered by a court to be held in detention, or (3) is being transferred to such center to await a court appearance.

(i) Whenever a child is subject to a court order to take such child into custody, or other process issued pursuant to this section or § 46b-140a, the Judicial Branch may cause the order or process to be entered into a central computer system in accordance with policies and procedures established by the Chief Court Administrator. The existence of the order or process in the computer system shall constitute prima facie evidence of the issuance of the order or process. Any child named in the order or process may be arrested or taken into custody based on the existence of the order or process in the computer system and, if the order or process directs that such child be detained, the child shall be held in a juvenile residential center.

(j) In the case of any child held in detention, the order to detain such child shall be for a period that does not exceed seven days or until the dispositional hearing is held, whichever is shorter, unless, following a detention review hearing, such order is renewed for a period that does not exceed seven days or until the dispositional hearing is held, whichever is shorter.

(k) For purposes of subsections (c) and (e) of this section, a child may be determined to pose a risk to public safety if such child has previously been adjudicated as delinquent for or convicted of or pled guilty or nolo contendere to two or more felony offenses, has had two or more prior dispositions of probation and is charged with commission of a larceny under § 53a-119c.