2020 Connecticut General Statutes
Title 46b - Family Law
Chapter 815t - Juvenile Matters
Section 46b-140a - Modification of conditions of probation supervision or probation supervision with residential placement. Violation of conditions.
(a) At any time during the period of probation supervision or probation supervision with residential placement, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period of probation supervision or probation supervision with residential placement by not more than twelve months, for a total maximum supervision period not to exceed thirty months, as deemed appropriate by the court. The court shall cause a copy of any such order to be delivered to the child and to such child's parent or guardian and probation officer.
(b) During any period of probation supervision or probation supervision with residential placement the court may convene a probation status review hearing. A probation officer may file an ex parte request for a probation status review hearing with the clerk of the court, regardless of whether a new offense or violation has been filed. If the court finds that the ex parte request is in the child's or the public's best interest, the court may grant the ex-parte request and convene a probation status review hearing within seven days. The probation officer shall inform the child and parent or legal guardian of the scheduled court date and time. The child shall be represented by counsel at the hearing. If the child or the child's parents or guardian do not appear at the hearing, absent actual or in-hand service of the notice, the failure to appear at the hearing shall not be deemed wilful. The court may continue the hearing to a future date and order that the child and the child's parents or guardian be served with notice to appear in court in the manner prescribed by section 46b-128. By agreement of the parties or at the conclusion of an evidentiary hearing, the court may modify or enlarge the conditions of probation, and if appropriate, the court may order that the child be placed in a secure or staff-secure residential facility, provided no child shall be ordered to be placed in a secure or staff-secure residential facility unless such placement is indicated by the child's clinical and behavioral needs or the level of risk the child poses to public safety cannot be managed in a less restrictive setting.
(c) At any time during the period of probation supervision or probation supervision with residential placement, the court may issue an order to take into custody or a warrant for the arrest of a child for violation of any of the conditions of probation supervision or probation supervision with residential placement, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the child. Any such order or warrant shall authorize all officers named therein to return the child to the custody of the court or to any suitable juvenile detention facility designated by the court in accordance with subsection (e) of section 46b-133.
(d) At any time during the period of probation supervision or probation supervision with residential placement, notwithstanding the provisions of subsection (c) of section 46b-133, the court, upon a finding of probable cause, may issue an order to detain any child who has absconded, escaped or run away from a residential facility in which such child has been placed by court order. Any such order to detain shall authorize all officers named in such order to return the child to any suitable juvenile detention facility designated by the court. Such child shall be detained pending a hearing to be held on the next business day, which shall be held in accordance with the provisions of subsection (e) of section 46b-133.
(e) If a violation of probation supervision or probation supervision with residential placement is established, the court may continue or revoke the order of probation supervision or probation supervision with residential placement or modify or enlarge the conditions of probation supervision or probation supervision with residential placement in accordance with section 46b-140.
(P.A. 98-256, S. 8; P.A. 00-141, S. 5; P.A. 03-278, S. 98; June 12 Sp. Sess. P.A. 12-2, S. 96; P.A. 18-31, S. 37.)
History: P.A. 00-141 added Subsec. (e) providing that upon determination by court that child or youth has violated probation by failing to comply with electronic monitoring, court support services division shall notify local law enforcement agency of such violation; P.A. 03-278 made a technical change in Subsec. (e), effective July 9, 2003; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (a); P.A. 18-31 amended Subsec. (a) by adding provision re extension to period of probation by not more than 12 months for total maximum supervision period not to exceed 30 months, substantially amended Subsec. (b) by replacing provisions re period of participation in alternative incarceration program with provisions re probation status review hearing during period of probation supervision or probation supervision with residential placement, amended Subsec. (c) by adding provision re court's authority to issue order to take into custody, and adding reference to Sec. 46b-133(e), added new Subsec. (d) re court's authority to issue order to detain child who absconded, escaped or run away from residential facility, redesignated existing Subsec. (d) as new Subsec. (e) and amended same by deleting provision re revocation of order of probation or suspended commitment, deleted former Subsec. (e) re Court Support Services Division to notify local law enforcement agency of violation of probation for failing to comply with requirements of electronic monitoring, deleted references to youth, replaced references to probation or suspended commitment with references to supervision or probation supervision with residential placement, and made technical and conforming changes, effective July 1, 2018.
