2005 Connecticut Code - Sec. 46b-133. (Formerly Sec. 51-314). Arrest of child. Release or detention of arrested child. Alcohol or drug testing or treatment as condition of release. Admission of child to overpopulated juvenile detention center.

      Sec. 46b-133. (Formerly Sec. 51-314). Arrest of child. Release or detention of arrested child. Alcohol or drug testing or treatment as condition of release. Admission of child to overpopulated juvenile detention center. (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 crime, 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 or class A felony may be disclosed to the public.

      (b) Whenever a child is brought before a judge of the Superior Court, such judge shall immediately have the case proceeded upon as a juvenile matter. Such judge may admit such child to bail or release him in the custody of his parent or parents, his guardian or some other suitable person to appear before the Superior Court when ordered. If detention becomes necessary or desirable, the same shall be in the manner prescribed by this chapter.

      (c) Upon the arrest of any child by an officer, such officer may release him to the custody of his parent or parents, guardian or some other suitable person or agency or may immediately turn him over to a juvenile detention center. 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 his parent, guardian or other person having control of the child. Such parent, guardian or other person shall execute a written promise to appear in court at the time and place specified in such 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. 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.

      (d) The court or detention supervisor may turn such child over to a youth service program created for such purpose, if such course is practicable, or such child may be detained pending a hearing which shall be held on the business day next following his arrest. No child shall be detained after such hearing or held in detention pursuant to a court order unless it appears from the available facts that there is probable cause to believe that the child has committed the acts alleged and that there is (1) a strong probability that the child will run away prior to court hearing or disposition, (2) a strong probability that the child will commit or attempt to commit other offenses injurious to him or to the community before court disposition, (3) probable cause to believe that the child's continued residence in his home pending disposition will not safeguard the best interests of the child or the community because of the serious and dangerous nature of the act or acts he is alleged to have committed, (4) a need to hold the child for another jurisdiction or (5) a need to hold the child to assure his appearance before the court, in view of his previous failure to respond to the court process. 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. In no case shall a child be confined in a community correctional center or lockup, or in any place where adults are or may be confined, except in the case of a nursing infant; nor shall any child at any time be held in solitary confinement. When a female child is held in custody, she shall, as far as possible, be in the charge of a woman attendant.

      (e) 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. Unless the arrest was for a serious juvenile offense, the child may be released by a detention supervisor to the custody of his parent or parents, guardian or some other suitable person.

      (f) 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.

      (g) Whenever the population of a juvenile detention center equals or exceeds the maximum capacity for such center, as determined by the Judicial Department, the detention supervisor in charge of intake shall only admit a child who: (1) Is charged with the commission of a serious juvenile offense, (2) is the subject of an order to detain or an outstanding court order to take such child into custody, (3) is ordered by a court to be held in detention, or (4) is being transferred to such center to await a court appearance.

      (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.)

      History: 1959 act substituted circuit court for city, police, borough or town court; P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-426 authorized juvenile court, probation officer or other officer to turn child over to youth service program; P.A. 76-436 replaced references to court of common pleas and juvenile court with references to superior court and juvenile matters, effective July 1, 1978; P.A. 77-452 made technical grammatical change; Sec. 17-65 temporarily renumbered as Sec. 51-314 and ultimately transferred to Sec. 46b-133 in 1979, (see note to Sec. 17-65) and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 80-236 authorized turning child over to juvenile detention center and similarly authorized detention supervisor to turn child over to youth service program; P.A. 82-220 added provision re taking photograph, physical description and fingerprints of child fourteen or older arrested and charged with a felony; P.A. 83-504 divided section into Subsecs. and added provision re arrest of child by an officer for the commission of a serious juvenile offense as Subsec. (e); P.A. 84-369 revised the procedures for the release or detention of an arrested child including deleting the provision allowing the police officer to set bond for a child arrested for a serious juvenile offense, providing that a child arrested for any offense may either be released to the custody of his parent, guardian or some other suitable person or agency or turned over to a detention center, requiring the detention release hearing to be held on the next business day for all arrested children who are detained, prohibiting detention unless certain findings are made including probable cause that the child has committed the acts alleged, prohibiting release from detention of a child who has committed a serious juvenile offense except by order of a judge, and requiring a police officer to notify the parents or guardian of a child whom he intends to bring into detention; P.A. 89-273 added Subsec. (f) re the criteria for the admission of a child to a juvenile detention center when the population of the center equals or exceeds its maximum capacity; P.A. 90-161 inserted new Subsec. (f) permitting the court to order child to participate in drug testing and treatment as condition of release from detention, relettering former Subsec. as (g); P.A. 95-225 amended Subsec. (a) to revise provision re taking of the photograph, physical description and fingerprints of an arrested child by making it applicable to any child who is charged with a crime, rather than only to a child fourteen years of age or older who is charged with a violation of any provision of title 53a which is designated a felony, and by providing that such child "may be required to" submit to such taking, rather than "shall" submit to such taking, and add provision permitting the disclosure to the public of the photograph of any child arrested for the commission of a capital felony or a class A felony, amended Subsec. (c) to add provisions requiring an officer to serve a written complaint and summons on a child and the parent, guardian or other person having control of a child who is arrested or referred for the commission of a delinquent act and is not placed in detention, requiring such parent, guardian or other person to execute a written promise to appear in court, authorizing the court to issue a warrant for the child's arrest or a capias to assure the court appearance of the parent, guardian or other person if any person so summoned wilfully fails to appear in court and authorizing the court to punish for contempt any parent, guardian or other person who wilfully fails to appear in court and amended Subsec. (f) to authorize "alcohol" testing and treatment and allow the admissibility of the results of an "alcohol" test; P.A. 98-256 amended Subsec. (a) to revise provision authorizing the disclosure of the photograph of a child arrested for a capital felony or class A felony to also include the name and custody status of the child, amended Subsec. (c) to make requirement that an officer serve a written complaint and summons on a child arrested for a delinquent act and his parent, guardian or other person having control of the child inapplicable when the child is referred to a diversionary program and amended Subsec. (g) to add "an order to detain" in Subdiv. (2).

      Annotations to former sections 17-65 and 51-314:

      Cited. 115 C. 591; 154 C. 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 ten-hour detention was not unreasonable. 171 C. 683, 689.

      Annotations to present section:

      Cited. 206 C. 346, 349. Cited. 211 C. 289, 293.

      Cited. 46 CA 545.

      Cited. 43 CS 211, 220.

      Subsec. (b):

      Cited. 206 C. 323, 330. Cited. Id., 346, 349.

      Subsec. (c):

      Cited. 46 CA 545.

      Subsec. (d):

      Cited. 214 C. 454, 463.

      Cited. 43 CS 211, 212, 220.

      Subsec. (e):

      Cited. 215 C. 739, 748.