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Section 54-76b – Youthful offenders: Definitions; applicability of interstate compact

May 11, 2021 | Connecticut, Criminal Procedure

(a) For the purposes of sections 54-76b to 54-76n, inclusive:

(1) “Youth” means

(A) a minor who has reached the age of sixteen years but has not reached the age of eighteen years at the time of the alleged offense, or
(B) a child who has been transferred to the regular criminal docket of the Superior Court pursuant to section 46b-127; and
(2) “Youthful offender” means a youth who (A) is charged with the commission of a crime which is not a class A felony or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, and (B) has not previously been convicted of a felony in the regular criminal docket of the Superior Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120.
(b) The Interstate Compact for Adult Offender Supervision under section 54-133 shall apply to youthful offenders.

Conn. Gen. Stat. ยง 54-76b

(1971, P.A. 72, S. 1; P.A. 79-581, S. 9; P.A. 81-472, S. 94, 159; P.A. 89-383, S. 15, 16; July Sp. Sess. P.A. 94-2, S. 7; P.A. 95-142, S. 5; 95-225, S. 33; P.A. 01-84, S. 20, 26; 01-211, S. 18; P.A. 03-243, S. 4; P.A. 05-232, S. 1; P.A. 08-32, S. 10; P.A. 14-130, S. 35; P.A. 16-126, S. 33.)

Amended by P.A. 19-0189,S. 26 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.
Amended by P.A. 16-0126, S. 33 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.
Amended by P.A. 14-0130, S. 35 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Cited. 173 C. 414; 179 C. 98. Overruled 179 Conn. 98 in determining that an order denying youthful offender status is not an appealable final judgment. 192 C. 85. Cited. 205 C. 638; 240 C. 743. Cited. 6 Conn.App. 505; 8 Conn.App. 607; 20 CA 101. Cited. 30 CS 71. Since motor vehicle violations are specifically excluded from definition of an offense, and, therefore, from definition of a crime, negligent homicide with a motor vehicle is not a crime to which youthful offender status may be applied. 49 CS 170.