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CT HB06637

Bill

Status

Introduced

3/25/2011

Primary Sponsor

Judiciary Committee

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Origin

House of Representatives

2011 General Assembly

AI Summary

  • Establishes competency requirements for juvenile delinquency and youth in crisis proceedings, requiring that children or youth cannot be tried, convicted, or adjudicated while incompetent, defined as unable to understand proceedings or assist in their own defense.

  • Creates a competency examination process conducted by clinical teams (psychologist, social worker or psychiatric nurse, and psychiatrist) or a qualified psychiatrist, with examinations completed within 15 business days and reports filed within 21 business days.

  • Requires court hearings within 10 business days of receiving competency reports, with the burden of proof on the party raising incompetency (or the state if the court raises it), and presumes children competent unless proven otherwise by preponderance of evidence.

  • Authorizes court-ordered interventions up to 90 days (extendable to 180 days total) in the least restrictive setting to restore competency, with reassessments and hearings required before and after intervention periods.

  • If a child or youth does not attain competency, requires the court to dismiss the petition, vest temporary custody with the Department of Children and Families, or order appropriate assessments and service plans rather than continuing prosecution.

  • Expands the definition of "child" to include ages 7-17 (or 7-18 starting July 1, 2012) for delinquency and family service needs matters, with changes effective October 1, 2011 and July 1, 2012.

Legislative Description

An Act Concerning Determinations Of Competency In Juvenile And Youth In Crisis Matters.

Last Action

Tabled for the Calendar, House

5/24/2011

Committee Referrals

Appropriations5/17/2011
Judiciary3/25/2011

Full Bill Text

No bill text available