2005 Connecticut Code - Sec. 54-76d. Determination by court.

      Sec. 54-76d. Determination by court. (a) If the court grants such motion or if the court on its own motion determines that the defendant should be investigated hereunder and the defendant consents to physical and mental examinations, if deemed necessary, and to investigation and questioning, and to a trial without a jury, should a trial be had, the information or complaint shall be held in abeyance and no further action shall be taken in connection with such information or complaint until such examinations, investigation and questioning are had of the defendant. Investigations under sections 54-76b to 54-76n, inclusive, shall be made by an adult probation officer. When the information or complaint charges commission of a felony, the adult probation officer shall include in the investigation a summary of any unerased juvenile record of adjudications of the defendant.

      (b) Upon the termination of such examinations, investigation and questioning, the court, in its discretion based on the severity of the crime, which shall also take into consideration whether or not the defendant took advantage of the victim because of the victim's advanced age or physical incapacity, and the results of the examinations, investigation and questioning, shall determine whether such defendant is eligible to be adjudged a youthful offender. If the court determines that the defendant is eligible to be so adjudged, no further action shall be taken on the information or complaint and the defendant shall be required to enter a plea of "guilty" or "not guilty" to the charge of being a youthful offender. If the court determines the defendant ineligible to be so adjudged, it shall order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceeding hereunder had not been had.

      (1971, P.A. 72, S. 3; P.A. 77-362; P.A. 79-581, S. 10.)

      History: P.A. 77-362 required consideration of whether or not defendant took advantage of victim because of victim's advanced age or physical incapacity in determining eligibility for youthful offender status in Subsec. (b); P.A. 79-581 amended Subsec. (a) to require inclusion of summary of unreleased juvenile record of adjudications in investigation where information or complaint charges commission of a felony.

      Cited. 173 C. 414, 419. Cited. 179 C. 98, 100. Cited. 192 C. 85, 87.

      Cited. 8 CA 607, 617.

      Cited. 30 CS 71. Cited. 37 CS 755, 766.

      Subsec. (a):

      Cited. 179 C. 98, 99. Cited. 188 C. 565, 566.

      Subsec. (b):

      Cited. 179 C. 98, 100, 101. Cited. 188 C. 565-568

      Cited. 8 CA 607, 618.