HB 7286 — AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE.

General Assembly   RaisedSubstitute Bill No.

7286 January Session, 2017   LCO*_____HB07286JUD___040617____* No.AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE.

5304   *05304_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE.

(d) Upon request of the Juvenile Justice Policy and Oversight Committee, a state agency shall timely provide statistical data and other information relevant to the development of the plan required byunder subsection (c) of this section.

The plan shall identify, and shall make recommendations concerningconcerning, the consistent and reliable collection of a set of data points that is consistent with the recidivism reduction framework and consistent with national best practices.

(m) Upon(1) theThe requestcommittee of the committee, a state agency shall timelyexamine providethe statisticalcommunity-based datadiversion andsystem othercreated informationin relevantaccordance towith anythe evaluation,plan review,developed report,under examination,subsection assessment(k) or development of a plan required by this section.

(n) (1) The committee shall examine the community-based diversion system created in accordance with the plan developed under subsection (k) of this section.

(o)(n) (1) Not later than July 1, 2018, the committee, in collaboration with the Children's Mental, Emotional and Behavioral Health Plan Implementation Advisory Board established pursuant to section 17a-22ff, shall submit a report concerning the array of behavioral health services that is most appropriate for addressing the mental health and substance abuse needs of children diverted from justice system involvement or diverted from pre-adjudication detention.

(A) Statistical data concerning the behavioral health needs of children who are eligible for diversion from justice involvement or pre-adjudication detention, or who might become so eligible with appropriate behavioral health services;

(p)(o) (1) Not later than January 1, 2018, the committee shall develop a plan for the creation and implementation of a system for improving vocational and education outcomes for children involved in the juvenile justice system.

(A) An analysis of the costs and benefits of vocational education programs in this state for the fiscal years ending June 30, 2016, and June 30, 2017;

(E) Identification of and proposals for the use by all state agencies, schools and private providers of contracted-for services who work with children involved in the juvenile justice system of one or more vocational education assessment instruments to assess vocational readiness, strengths, interests, protective factors, risk factors for delinquency and behavioral and academic needs of such children;

(F) Provisions for ensuring that any vocational education assessments and all educational planning documents,documents follow children across placements, educational programs and service providers;

(G) Establishment of a framework to be used by state agencies and private providers when developing dispositional plans for children adjudicated children.as delinquent.

(p) Upon the request of the committee, a state agency shall timely provide statistical data and other information relevant to any evaluation, review, report, examination, assessment or development of a plan required by this section.

(1) The conduct and results of an independent review of the Connecticut Juvenile Training School and Pueblo Unit population, including the risk and needs levels of the population and recommendations concerning additional use of probation and other alternatives into place of commitment;

Section 46b-149 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):2019):

If it appears that the allegations are not true, or that the child's family does not meet the definition of a family with service needs, the probation officer shall inform the complainant in writing of such finding.] (a) The provisions of this section in effect on June 30, 2017,2019, revision of 1958, revised to January 1, 2017,2019, shall be applicable to any petition filed in accordance with such provisions on or before June 30, 2017.2019.

(NEW) (Effective from passage) Not later than June 30, 2019,2017, the DepartmentCommissioner of Education shall implement the community-based diversion system, as planned by the Juvenile Justice and Policy Oversight Committee pursuant to subsection (k) of section 46b-121n of the general statutes, as amended by this act, provided the departmentcommissioner can implement such system within existing resources.

(Effective from passage) (a) Not later than August 15, 2018, the Commissioner of Education and the superintendent of the technical high school system shall implement the plan pursuant to subsection (p)(o) of section 46b-121n of the general statutes, as amended by this act, for the creation and implementation of a system for improving vocational and education outcomes for children involved in the juvenile justice system.

Subdivision (5) of section 46b-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):2019):

(5) "Family with service needs" means a family that includes a child who is at least seven years of age and is under eighteen years of age who, according to a petition lawfully filed on or before June 30, 2018,2019, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's or youth's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, (D) is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, or (E) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child or youth;

(l) (1) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention[detention screening oror] mental health screening or assessment of such childchild, [, during the provision of services pursuant to subsection (b) of section 46b-149, or]or during the performance of an educational evaluation pursuant to subsection [(e)](e) (d) of section 46b-149, as amended by this act, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity providing such services or performing such screening, assessment or evaluation.

Any[Any information concerning a child that is obtained during the administration of the detention screening instrument in accordance with section 46b-133 shall be used solely for the purpose of making a recommendation to the court regarding the detention of the child.child.] Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

Such(2) informationNotwithstanding shallthe notprovisions beof subjectsubsection to(d) subpoenaof orthis othersection, courtany processinformation forconcerning usea inchild that is obtained during any otherdetention proceedingrisk orscreening of such child shall be used solely for anydetermining otherthe purpose.child's risk to public safety as required by subsection (e) of section 46b-133.

The information obtained and results of the detention risk screening shall be used for the purpose of making a recommendation to the court regarding the detention of the child and shall otherwise be confidential and retained in the files of the person performing such screening, but shall be disclosed to any attorney of record upon motion and order of the court.

Any information and results disclosed upon such motion and order shall be available to any attorney of record for such case.

Such information and results shall otherwise not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

SubsectionsSubsection (a)(l) and (b) of section 46b-149f46b-124 of the general statutesstatutes, areas amended by section 10 of this act, is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):2019):

(l) (1) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any mental health screening or assessment of such child, for which the child was referred on or before June 30, 2019, during the provision of services pursuant to the provisions of subsection (b) of section 46b-149, in effect on June 30, 2019, revision of 1958, revised to January 1, 2019, or during the performance of an educational evaluation pursuant to subsection [(e)] (d) of section 46b-149, as amended by this act, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity providing such services or performing such screening, assessment or evaluation.

Such information may be further disclosed only for the purposes of any court-ordered evaluation or treatment of the child or provision of services to the child, or pursuant to sections 17a-101 to 17a-101e, inclusive, 17b-450, 17b-451 or 51-36a.

Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(2) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention risk screening of such child shall be used solely for determining the child's risk to public safety as required by subsection (e) of section 46b-133.

The information obtained and results of the detention risk screening shall be used for the purpose of making a recommendation to the court regarding the detention of the child and shall otherwise be confidential and retained in the files of the person performing such screening, but shall be disclosed to any attorney of record upon motion and order of the court.

Any information and results disclosed upon such motion and order shall be available to any attorney of record for such case.

Such information and results shall otherwise not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

Sec.

12.

Subsections (a) and (b) of section 46b-149f of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2019):