CT Gen Stat § 46b-121n (2020)
2020 Connecticut General Statutes|Title 46b - Family Law|Chapter 815t - Juvenile Matters|Section 46b-121n - Juvenile Justice Policy and Oversight Committee. Reports.

 (a) There is established a Juvenile Justice Policy and Oversight Committee. The committee shall evaluate policies related to the juvenile justice system and the expansion of juvenile jurisdiction to include persons sixteen and seventeen years of age.(b) The committee shall consist of the following members:(1) Two members of the General Assembly, one of whom shall be appointed by the speaker of the House of Representatives, and one of whom shall be appointed by the president pro tempore of the Senate;(2) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children, human services and appropriations, or their designees;(3) The Chief Court Administrator, or the Chief Court Administrator's designee;(4) A judge of the superior court for juvenile matters, appointed by the Chief Justice;(5) The executive director of the Court Support Services Division of the Judicial Department, or the executive director's designee;(6) The executive director of the Superior Court Operations Division, or the executive director's designee;(7) The Chief Public Defender, or the Chief Public Defender's designee;(8) The Chief State's Attorney, or the Chief State's Attorney's designee;(9) The Commissioner of Children and Families, or the commissioner's designee;(10) The Commissioner of Correction, or the commissioner's designee;(11) The Commissioner of Education, or the commissioner's designee;(12) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;(13) The Labor Commissioner, or the commissioner's designee;(14) The Commissioner of Social Services, or the commissioner's designee;(15) The Commissioner of Public Health, or the commissioner's designee;(16) The president of the Connecticut Police Chiefs Association, or the president's designee;(17) The chief of police of a municipality with a population in excess of one hundred thousand, appointed by the president of the Connecticut Police Chiefs Association;(18) Two child or youth advocates, one of whom shall be appointed by one chairperson of the Juvenile Justice Policy and Oversight Committee, and one of whom shall be appointed by the other chairperson of the Juvenile Justice Policy and Oversight Committee;(19) Two parents or parent advocates, at least one of whom is the parent of a child who has been involved with the juvenile justice system, one of whom shall be appointed by the minority leader of the House of Representatives, and one of whom shall be appointed by the minority leader of the Senate;(20) The Victim Advocate, or the Victim Advocate's designee;(21) The Child Advocate, or the Child Advocate's designee; and(22) The Secretary of the Office of Policy and Management, or the secretary's designee.(c) Any vacancy shall be filled by the appointing authority.(d) The Secretary of the Office of Policy and Management, or the secretary's designee, and a member of the General Assembly selected jointly by the speaker of the House of Representatives and the president pro tempore of the Senate from among the members serving pursuant to subdivision (1) or (2) of subsection (b) of this section shall be cochairpersons of the committee. Such cochairpersons shall schedule the first meeting of the committee, which shall be held not later than sixty days after June 13, 2014.(e) Members of the committee shall serve without compensation, except for necessary expenses incurred in the performance of their duties.(f) Not later than January 1, 2015, the committee shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:(1) Any statutory changes concerning the juvenile justice system that the committee recommends to (A) improve public safety; (B) promote the best interests of children and youths who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department; (C) improve transparency and accountability with respect to state-funded services for children and youths in the juvenile justice system with an emphasis on goals identified by the committee for community-based programs and facility-based interventions; and (D) promote the efficient sharing of information between the Department of Children and Families and the Judicial Department to ensure the regular collection and reporting of recidivism data and promote public welfare and public safety outcomes related to the juvenile justice system;(2) A definition of “recidivism” that the committee recommends to be used by state agencies with responsibilities with respect to the juvenile justice system, and recommendations to reduce recidivism for children and youths in the juvenile justice system;(3) Short-term goals to be met within six months, medium-term goals to be met within twelve months and long-term goals to be met within eighteen months, for the Juvenile Justice Policy and Oversight Committee and state agencies with responsibilities with respect to the juvenile justice system to meet, after considering existing relevant reports related to the juvenile justice system and any related state strategic plan;(4) The impact of legislation that expanded the jurisdiction of the juvenile court to include persons sixteen and seventeen years of age, as measured by the following:(A) Any change in the average age of children and youths involved in the juvenile justice system;(B) The types of services used by designated age groups and the outcomes of those services;(C) The types of delinquent acts or criminal offenses that children and youths have been charged with since the enactment and implementation of such legislation; and(D) The gaps in services identified by the committee with respect to children and youths involved in the juvenile justice system, including, but not limited to, children and youths who have attained the age of eighteen after being involved in the juvenile justice system, and recommendations to address such gaps in services; and(5) Strengths and barriers identified by the committee that support or impede the educational needs of children and youths in the juvenile justice system, with specific recommendations for reforms.(g) Not later than July 1, 2015, the committee shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:(1) The quality and accessibility of diversionary programs available to children and youths in this state, including juvenile review boards and services for a child or youth who is a member of a family with service needs;(2) An assessment of the system of community-based services for children and youths who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department;(3) An assessment of the congregate care settings that are operated privately or by the state and have housed children and youths involved in the juvenile justice system in the past twelve months;(4) An examination of how the state Department of Education and local boards of education, the Department of Children and Families, the Department of Mental Health and Addiction Services, the Court Support Services Division of the Judicial Department, and other appropriate agencies can work collaboratively through school-based efforts and other processes to reduce the number of children and youths who enter the juvenile justice system;(5) An examination of practices and procedures that result in disproportionate minority contact, as defined in section 4-68y, within the juvenile justice system;(6) A plan to provide that all facilities and programs that are part of the juvenile justice system and are operated privately or by the state provide results-based accountability;(7) An assessment of the number of children and youths who, after being under the supervision of the Department of Children and Families, are convicted as delinquent; and(8) An assessment of the overlap between the juvenile justice system and the mental health care system for children.(h) The committee shall complete its duties under this section after consultation with one or more organizations that focus on relevant issues regarding children and youths, such as the University of New Haven and any of the university's institutes. The committee may accept administrative support and technical and research assistance from any such organization. The committee shall work in collaboration with any results first initiative implemented pursuant to section 2-111 or any public or special act.(i) The committee shall establish a time frame for review and reporting regarding the responsibilities outlined in subdivision (5) of subsection (f) of this section, and subdivisions (1) to (7), inclusive, of subsection (g) of this section. Each report submitted by the committee shall include specific recommendations to improve outcomes and a timeline by which specific tasks or outcomes must be achieved.(j) The committee shall implement a strategic plan that integrates the short-term, medium-term and long-term goals identified pursuant to subdivision (3) of subsection (f) of this section. As part of the implementation of such plan, the committee shall collaborate with any state agency with responsibilities with respect to the juvenile justice system, including, but not limited to, the Departments of Education, Mental Health and Addiction Services, Correction and Children and Families and the Labor Department and Judicial Department, and municipal police departments. Not later than January 1, 2016, the committee shall report such plan, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding progress toward the full implementation of such plan and any recommendations concerning the implementation of such identified goals by any state agency with responsibilities with respect to the juvenile justice system or municipal police departments.(k) Not later than January 1, 2017, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management, regarding a plan that includes cost options for the development of a community-based diversion system. Such plan shall include recommendations to address issues concerning mental health and juvenile justice. The plan shall include recommendations regarding the following:(1) Diversion of children who commit crimes, excluding serious juvenile offenses, from the juvenile justice system;(2) Identification of services that are evidence-based, trauma-informed and culturally and linguistically appropriate;(3) Expansion of the capacity of juvenile review boards to accept referrals from municipal police departments and schools and implement restorative practices;(4) Expansion of the provision of prevention, intervention and treatment services by youth service bureaus;(5) Expansion of access to in-home and community-based services;(6) Identification and expansion of services needed to support children who are truant or exhibiting behaviors defiant of school rules and enhance collaboration between school districts and community providers in order to best serve such children;(7) Expansion of the use of memoranda of understanding pursuant to section 10-233m between local law enforcement agencies and local and regional boards of education;(8) Expansion of the use of memoranda of understanding between local and regional boards of education and community providers for provision of community-based services;(9) Recommendations to ensure that children in the juvenile justice system have access to a full range of community-based behavioral health services;(10) Reinvestment of cost savings associated with reduced incarceration rates for children and increased accessibility to community-based behavioral health services;(11) Reimbursement policies that incentivize providers to deliver evidence-based practices to children in the juvenile justice system;(12) Recommendations to promote the use of common behavioral health screening tools in schools and communities;(13) Recommendations to ensure that secure facilities operated by the Department of Children and Families or the Court Support Services Division of the Judicial Department and private service providers contracting with said department or division to screen children in such facilities for behavioral health issues; and(14) Expansion of service capacities informed by an examination of grant funds and federal Medicaid reimbursement rates.(l) The committee shall establish a data working group to develop a plan for a data integration process to link data related to children across executive branch agencies, through the Office of Policy and Management's integrated data system, and the Judicial Department through the Court Support Services Division, for purposes of evaluation and assessment of programs, services and outcomes in the juvenile justice system. Membership of the working group shall include, but not be limited to, the Commissioners of Children and Families, Correction, Education and Mental Health and Addiction Services, or their designees; the Chief State's Attorney, or the Chief State's Attorney's designee; the Chief Public Defender, or the Chief Public Defender's designee; the Secretary of the Office of Policy and Management, or the secretary's designee; and the Chief Court Administrator of the Judicial Branch, or the Chief Court Administrator's designee. Such working group shall include persons with expertise in data development and research design. The plan shall include cost options and provisions to:(1) Access relevant data on juvenile justice populations;(2) Coordinate the handling of data and research requests;(3) Link the data maintained by executive branch agencies and the Judicial Department for the purposes of facilitating the sharing and analysis of data;(4) Establish provisions for protecting confidential information and enforcing state and federal confidentiality protections and ensure compliance with related state and federal laws and regulations;(5) Develop specific recommendations for the committee on the use of limited releases of client specific data sharing across systems, including with the Office of Policy and Management, the Division of Criminal Justice, the Departments of Children and Families, Education and Mental Health and Addiction Services, the Judicial Department and other agencies; and(6) Develop a standard template for memoranda of understanding for data-sharing between executive branch agencies, the Judicial Department, and when necessary, researchers outside of state government.(m) (1) The committee shall periodically request, receive and review information regarding conditions of confinement, including services available, for persons under eighteen years of age detained at the John R. Manson Youth Institution, Cheshire.(2) Not later than October 1, 2018, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management on current conditions of confinement, including services available, for persons under eighteen years of age who are detained or incarcerated in correctional facilities, juvenile secure facilities and other out-of-home placements in the juvenile and criminal justice systems. The report shall include, but need not be limited to, a description of any gaps in services and the continued availability and utilization of mental health, education, rehabilitative and family engagement services.(n) Not later than January 1, 2020, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management regarding a juvenile justice reinvestment plan. The report shall include a study and make recommendations for the reinvestment of savings realized from the decreased use of incarceration and congregate care towards strategic investments in home-based, school-based and community-based behavioral health services and supports for children diverted from, or involved with, the juvenile justice system.(o) Not later than January 1, 2019, and annually thereafter, the Department of Correction and the Court Support Services Division of the Judicial Branch shall report to the committee on compliance with the provisions of section 46b-126a. Such reports shall present indicia of compliance in both state facilities and those facilities managed by a private provider under contract with the state, and shall include data on all persons under eighteen years of age who have been removed or excluded from educational settings as a result of alleged behavior occurring in those educational settings.(p) Not later than January 1, 2019, and annually thereafter, all state agencies that detain or otherwise hold in custody a person under eighteen years of age involved with the juvenile justice or criminal justice system, or that contract for the housing of any person involved with the juvenile justice or criminal justice system under eighteen years of age, shall report to the committee on compliance with the provisions of section 46b-121p. Such reports shall include indicia of compliance in both direct-run and contract facilities, and shall include data on all rearrests and uses of confinements and restraints for youth in justice system custody, as defined in section 10-253.(q) Not later than July 1, 2018, the committee shall convene a subcommittee to develop a detailed plan concerning the overall coordination, oversight, supervision, and direction of all vocational and academic education services and programs for children in justice system custody, and the provision of education-related transitional support services for children returning to the community from justice system custody. The subcommittee shall consist of:(1) One person designated by the Commissioner of Education;(2) One person designated by the executive director of the Court Support Services Division of the Judicial Branch;(3) One person designated by the Bridgeport School District;(4) One person designated by the Hartford School District;(5) One person designated by the Commissioner of Correction;(6) One person who is an expert in state budgeting and who can assist the subcommittee in obtaining data on relevant expenditures and available resources, designated by the Secretary of the Office of Policy and Management;(7) Three persons, who are experts with significant career experience in providing and coordinating education in justice-system settings and who are not employees of the state of Connecticut, designated by the chairpersons of the Juvenile Justice Oversight and Planning Committee; and(8) Two persons representing the interests of students and families, one designated by the executive director of an organization in this state with the mission of stopping the criminalization of this state's children and one designated by the executive director of an organization in this state that advocates for legal rights for the most vulnerable children in this state.(A) The plan developed pursuant to this subsection shall include, but need not be limited to:(i) Identification of a single state agency and designation of a program manager within that agency who will be responsible for planning, coordination, oversight, supervision, quality control, legal compliance and allocation of relevant federal and state funds for children in justice system custody;(ii) A detailed description of how educational services will be provided to children in justice system custody and how education-related supports will be provided to children during transition out of justice system custody, either directly by the single state agency identified by the plan pursuant to clause (i) of this subparagraph or through a state-wide contract with a single nonprofit provider;(iii) An analysis of resources expended for educating children in justice system custody and for supporting educational success during transitions out of justice system custody, and recommendations for consolidating and reallocating resources towards the oversight, accountability, services and supports provided for in the plan pursuant to this subsection;(iv) Provisions for ensuring that a range of pathways to educational and economic opportunity are available for children in justice system custody, including at a minimum a traditional high school diploma program, an accelerated credit recovery program, vocational training programs and access to post-secondary educational options;(v) Specifications for a state-wide accountability and quality control system for schools that serve children in justice system custody. The accountability and quality control system shall include, but need not be limited to:(I) A specialized school profile and performance report, to be produced annually for each school that serves children in justice system custody. The profiles and performance reports shall be consistent with other accountability systems required by law and shall include criteria and metrics tailored to measuring the quality of schools that serve children in justice system custody. Such metrics shall include, but need not be limited to: Student growth in reading and math; credit accumulation; modified graduation rates and high school equivalent passage rates; school attendance, defined as the percentage of children who are actually physically present in classrooms for school and educational programs; the percentage of students pursuing a high school diploma, an industry-based certification, a recognized high school diploma equivalent, credits for advanced courses and post-secondary education programs; performance in educating children with exceptionalities, including identification of special education needs, the development of best-practices for individualized education programs and the provision of services and supports mandated by individualized education programs; student reenrollment in school or other educational or vocational training programs after leaving justice system custody; student success in post-release high school, post-secondary education, or job-training programs; and compliance with the protocols for support of educational transitions delineated in clause (vi) of this subparagraph;(II) Identifying achievement benchmarks for each measurement of school quality;(III) Written standards for educational quality for schools that serve children in custody;(IV) A program for quality control and evaluation of schools serving children in custody. The program shall include, but need not be limited to, in-person observation and monitoring of each school serving children in justice system custody. The monitoring shall occur at least annually, and shall be conducted by experts in special education and education in justice-system settings;(V) Provisions for ensuring that each school serving children in justice system custody seeks and obtains external accreditation by a recognized accrediting agency; and(VI) A set of supports, interventions and remedies that shall be implemented when a school serving children in justice system custody falls consistently or significantly short of quality benchmarks;(vi) Provisions for ensuring that the state-wide education system for children in justice system custody includes:(I) The engagement of one or more curriculum development specialists to support learning in schools serving children in justice system custody and to develop a flexible, high-interest, modular curriculum that is aligned with state standards and adapted to the context of educating children in justice system custody;(II) The engagement of one or more professional development and teacher training specialists to support teachers in schools that serve children in justice system custody; and(III) The engagement of professional reentry coordinators to support educational success in children returning to the community from justice system custody;(vii) A protocol for educational support of children transitioning into, and out of, justice system custody. The protocol shall include, but need not be limited to:(I) Team-based reentry planning for every child in justice system custody;(II) Clear and ambitious timelines for transfer of educational records at intake and release from justice system custody; and(III) Timelines for reenrollment and credit transfer;(viii) Recommendations for any legislation that may be necessary or appropriate to implement the provisions of the plan developed pursuant to this subsection; and(ix) A timeline for implementation of the plan developed pursuant to this subsection.(B) The plan developed pursuant to this subsection shall be submitted on or before January 1, 2020, to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.(C) For purposes of this subsection: “Justice system custody” means justice system custody, as defined in section 10-253; “school” means any program or institution, or any project or unit thereof, that provides any academic or vocational education programming for any children in justice system custody; and “child” means child, as defined in section 10-253.(r) The committee shall review methods other states employ to (1) transfer juvenile cases to the regular criminal docket, and (2) detain persons fifteen, sixteen and seventeen years of age whose cases are transferred to the regular criminal docket. Such review shall consider (A) the transfer of juvenile cases to the regular criminal docket and outcomes associated with such transfers, including the impact on public safety and the effectiveness in changing the behavior of juveniles, and (B) preadjudication and postadjudication detention and include an examination of organizational and programmatic alternatives. The committee shall, in accordance with the provisions of section 11-4a, not later than January 1, 2020, report such review including a plan for implementation not later than July 1, 2021, of any recommended changes, including cost options where appropriate to the committee of the General Assembly having cognizance of matters relating to the judiciary.(P.A. 14-217, S. 79; P.A. 15-183, S. 2; P.A. 16-147, S. 18; P.A. 18-31, S. 7; P.A. 19-32, S. 13; 19-187, S. 2.)History: P.A. 14-217 effective June 13, 2014; P.A. 15-183 amended Subsec. (b) to redesignate existing Subdiv. (13) as Subdiv. (16) and existing Subdivs. (14) to (17) as Subdivs. (18) to (21) and add new Subdivs. (13) to (15) and (17) re new members, amended Subsec. (c) to delete provision re appointments to be made not later than June 13, 2014, amended Subsec. (h) to delete reference to Subsecs. (f) and (g) and add provision re acceptance of support and assistance, added new Subsec. (j) re implementation of strategic plan and Subsec. (k) re assessment of juvenile justice system, and redesignated existing Subsec. (j) as Subsec. (l) and amended same to add provision re annual reporting after January 1, 2017; P.A. 16-147 amended Subsec. (b) by adding new Subdiv. (20) re Victim Advocate or designee and redesignating existing Subdivs. (20) and (21) as Subdivs. (21) and (22), amended Subsec. (g)(4) by deleting “as a result of being a member of a family with service needs or convicted as delinquent”, amended Subsec. (k) by replacing former provisions re report re assessment of juvenile justice system and recommendations with provisions re report regarding a plan for development of a community-based diversion system, deleted former Subsec. (l) re progress reports re achievement of goals and measures and added new Subsec. (l) re committee to establish data working group to develop plan for a data integration process, effective June 10, 2016; P.A. 18-31 added Subsec. (m) re information on conditions for persons detained at John R. Manson Youth Institution, added Subsec. (n) re report on reinvestment of savings from decreased use of incarceration and congregate care, added Subsec. (o) re report on compliance with Sec. 46b-126a, added Subsec. (p) re report on compliance with Sec. 46b-121p and added Subsec. (q) re subcommittee to develop detailed plan re vocational and academic education services and programs for children in justice system custody and provision of education-related transitional support services, effective June 1, 2018; P.A. 19-32 made a technical change in Subsec. (p); P.A. 19-187 added Subsec. (r) re review and report re methods other states employ to transfer juvenile cases to regular criminal docket and detain 15, 16 and 17 year olds.