2005 Connecticut Code - Sec. 54-76b. Youthful offenders: Definitions.

      Sec. 54-76b. Youthful offenders: Definitions. For the purpose of sections 54-76b to 54-76n, inclusive, "youth" means a minor who has reached the age of sixteen years but has not reached the age of eighteen years or a child who has been transferred to the regular criminal docket pursuant to section 46b-127; and "youthful offender" means a youth who (1) is charged with the commission of a crime which is not a class A felony or a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 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, (2) has not previously been convicted of a felony or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120, or a youthful offender, or been afforded a pretrial program for accelerated rehabilitation under section 54-56e, and (3) is adjudged a youthful offender pursuant to the provisions of said sections. The Interstate Compact for Adult Offender Supervision under section 54-133 shall apply to youthful offenders.

      (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.)

      History: P.A. 79-581 specified that those who have "been afforded a pretrial program for accelerated rehabilitation under section 54-76p" are not to be considered as youthful offenders; P.A. 81-472 made technical changes; P.A. 89-383 revised in part definition of "youthful offender" by replacing "a youth who has committed a crime or crimes which are not class A felonies" with "a youth who is charged with the commission of a crime which is not a violation of section 53a-70a or a class A felony"; July Sp. Sess. P.A. 94-2 included in the definition of "youth" a child who has been transferred to the regular criminal docket pursuant to Subdiv. (2) of Subsec. (a) of Sec. 46b-127; P.A. 95-142 redefined "youthful offender" to exclude a youth who is charged with the commission of a violation of Subdiv. (2) of Sec. 53-21 or of Sec. 53a-70, 53a-70b, 53a-71, 53a-72a or 53a-72b; P.A. 95-225 redefined "youthful offender" to exclude a youth who has previously been adjudged a serious juvenile offender or a serious juvenile repeat offender and made a technical change; P.A. 01-84 replaced reference to "subdivision (2) of section 53-21" with "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 01-211 inserted Subdiv. indicators and amended Subdiv. (1) to replace reference to "subdivision (2) of section 53-21" with "subdivision (2) of subsection (a) of section 53-21" and to add exception re 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; P.A. 03-243 replaced provision re Interstate Compact on Juveniles with provision re Interstate Compact for Adult Offender Supervision under Sec. 54-133 and deleted "to the same extent as to minors below sixteen years of age".

      Cited. 173 C. 414, 419. Cited. 179 C. 98, 99. Overruled State v. Bell, 179 C. 98, in determining that an order denying youthful offender status is not an appealable final judgment. 192 C. 85, 87, 92. Cited. 205 C. 638, 667. Cited. 240 C. 743.

      Cited. 6 CA 505, 509. Cited. 8 CA 607, 615, 616. Cited. 20 CA 101, 102.

      Cited. 30 CS 71.