2023 Connecticut General Statutes
Title 54 - Criminal Procedure
Chapter 961 - Trial and Proceedings after Conviction
Section 54-91g. - Sentencing of a child for class A or B felony.
(a) If the case of a child, as defined in section 46b-120, is transferred to the regular criminal docket of the Superior Court pursuant to section 46b-127 and the child is convicted of a class A or B felony pursuant to such transfer, at the time of sentencing, the court shall:
(1) Consider, in addition to any other information relevant to sentencing, the defendant's age at the time of the offense, the hallmark features of adolescence, and any scientific and psychological evidence showing the differences between a child's brain development and an adult's brain development; and
(2) Consider, if the court proposes to sentence the child to a lengthy sentence under which it is likely that the child will die while incarcerated, how the scientific and psychological evidence described in subdivision (1) of this subsection counsels against such a sentence.
(b) Notwithstanding the provisions of section 54-91a, no presentence investigation or report may be waived with respect to a child convicted of a class A or B felony. Any presentence report prepared with respect to a child convicted of a class A or B felony shall address the factors set forth in subparagraphs (A) to (D), inclusive, of subdivision (1) of subsection (a) of this section.
(c) Whenever a child is sentenced pursuant to subsection (a) of this section, the court shall indicate the maximum period of incarceration that may apply to the child and whether the child may be eligible to apply for release on parole pursuant to subdivision (1) of subsection (f) of section 54-125a.
(d) The Court Support Services Division of the Judicial Branch shall compile reference materials relating to adolescent psychological and brain development to assist courts in sentencing children pursuant to this section.
(P.A. 15-84, S. 2.)
Legislature did not intend for section to apply retroactively, and nothing in the text or legislative history of section suggests that legislature intended that all juveniles convicted of a class A or B felony who were sentenced without consideration of the age related mitigating factors identified in Miller v. Alabama, 132 S. Ct. 2455, would be sentenced. 323 C. 801. Section did not apply to defendant, who was seventeen years old when he committed his crimes, because section does not apply retroactively to defendants who, although under the age of eighteen when they committed their crimes, were initially charged and tried as adults and because he was not a child under the applicable law when his crimes were committed, was charged as an adult and prosecuted under the regular criminal docket, his case was not transferred from the juvenile docket to the regular criminal docket, and he was not convicted pursuant to such transfer. 341 C. 97.
Express language of section makes no reference to a presumption or a specific finding that court was required to make in order to overcome that purported presumption. 190 CA 1. Section does not create presumption against the imposition of life imprisonment on a juvenile defendant and the court was not required to make finding that defendant was incorrigible, irreparably corrupt, or irretrievably depraved. 192 CA 738; judgment affirmed, see 341 C. 97.
