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Section 46b-133 – (Formerly Sec. 51-314). Arrest of child. Notice of arrest. Release or detention of arrested child. Alcohol or drug testing or treatment as condition of release. Admission of child to juvenile detention center. Entry of take into custody order or other process into central computer system. Duration of order to detain

May 15, 2021 | Connecticut, Family Law

(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 section 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 may be required to submit to the taking of his photograph, physical description and fingerprints. Notwithstanding the provisions of section 46b-124, the name, photograph and custody status of any child arrested for the commission of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or class A felony may be disclosed to the public.
(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 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) Upon the arrest of any child by an officer, such officer may (1) release the child to the custody of the child’s parent or parents, guardian or some other suitable person or agency, (2) at the discretion of the officer, release the child to the child’s own custody, or (3) seek a court order to detain the child in a juvenile detention center. No child may be placed in detention unless a judge of the Superior Court determines, based on the available facts, that (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no appropriate less restrictive alternative available, and (C) 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 detention center unless an order to detain is issued by a judge of the Superior Court.
(d) When a child is arrested for the commission of a delinquent act and the child is not placed in detention 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 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 section 46b-120. The court may punish for contempt, as provided in section 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 detention 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 section 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 detention 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 section 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 or held for a period that exceeds six hours. 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 detention 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 section 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 section 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 section 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 detention 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 section 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 detention 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 subdivision (3) of subsection (a) of section 53a-122 or subdivision (1) of subsection (a) of section 53a-123 or subdivision (1) of subsection (a) of section 53a-124.

Conn. Gen. Stat. ยง 46b-133

(1949 Rev., S. 2810; 1959, P.A. 28, S. 54; P.A. 74-183, S. 211, 291; P.A. 76-426; 76-436, S. 22, 668, 681; P.A. 77-452, S. 24, 72; P.A. 80-236; P.A. 82-220; P.A. 83-504; P.A. 84-369, S. 1; P.A. 89-273, S. 3; P.A. 90-161, S. 2, 6; P.A. 95-225, S. 15; P.A. 98-256, S. 4; June Sp. Sess. P.A. 07-4, S. 85; Sept. Sp. Sess. P.A. 09-7, S. 72; P.A. 10-32, S. 165; P.A. 11-154, S. 1; 11-180, S. 1; P.A. 12-5, S. 11; P.A. 14-173, S. 4; P.A. 16-147, S. 1; P.A. 17-48, S. 14; P.A. 18-31, S. 33.)

Amended by P.A. 19-0110,S. 2 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.
Amended by P.A. 18-0031, S. 33 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.
Amended by P.A. 17-0048, S. 14 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.
Amended by P.A. 16-0147, S. 1 of the Connecticut Acts of the 2016 Regular Session, eff. 1/1/2017.
Amended by P.A. 14-0173, S. 4 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.
Amended by P.A. 12-0005, S. 11 of the the 2012 Regular Session, eff. 4/25/2012.
Amended by P.A. 11-0180, S. 1 of the the 2011 Regular Session, eff. 10/1/2011.
Amended by P.A. 11-0154, S. 1 of the the 2011 Regular Session, eff. 10/1/2011.
Amended by P.A. 10-0032, S. 165 of the February 2010 Regular Session, eff. 5/10/2010.
Amended by P.A. 09-0007, S. 72 of the Sept. 2009 Sp. Sess., eff. 1/1/2010.

Annotations to former sections 17-65 and 51-314: Cited. 115 C. 591; 154 Conn. 644, 648. Under circumstances of the apprehension, and in view of fact that offices of juvenile court were closed, it was not practicable to turn plaintiff over to appropriate officials immediately after arrest, and 10-hour detention was not unreasonable. 171 C. 683, 689. Annotations to present section: Cited. 206 Conn. 323; Id., 346; 211 Conn. 289; 214 Conn. 454; 215 Conn. 739. Cited. 46 Conn.App. 545. Cited. 43 Conn.Supp. 211.