Connecticut 2021 Regular Session Status: Enacted 2 D cosponsors

HB 6505 — AN ACT CONCERNING COURT OPERATIONS.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
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  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2021. Enacted.

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Advancing 54% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

3526 added · 4403 removed

3526 line(s) added, 4403 removed.

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House of Representatives File No.
Substitute House Bill No.
726 General Assembly January Session, 2021(Reprint of File No.
6505 Public Act No.
594) Substitute House Bill No.
21-104 AN ACT CONCERNING COURT OPERATIONS.
6505 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 26, 2021 AN ACT CONCERNING COURT OPERATIONS.
(b) Such document shall be signed, dated and acknowledged by the sHB6505 / File No.
(b) Such document shall be signed, dated and acknowledged by the maker before a notary public or other person authorized to take acknowledgments, and be witnessed by at least two persons.
726 sHB6505 File No.
Such document may be revoked at any time by the maker, or by a person in the maker's presence and at the maker's direction, burning, canceling, tearing or obliterating such document or by the execution of a Substitute House Bill No.
726 maker before a notary public or other person authorized to take acknowledgments, and be witnessed by at least two persons.
6505 subsequent document by the maker in accordance with subsection (a) of this section.
Such document may be revoked at any time by the maker, or by a person in the maker's presence and at the maker's direction, burning, canceling, tearing or obliterating such document or by the execution of a subsequent document by the maker in accordance with subsection (a) of this section.
(4) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity (A) authorized by law to sHB6505 / File No.
(4) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity (A) authorized by law to practice the profession of architecture, landscape architecture, engineering,landsurveying,accounting,interiordesign,environmental or construction administration, or (B) practicing the profession of Public Act No.
726 sHB6505 File No.
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726 practice the profession of architecture, landscape architecture, engineering,landsurveying,accounting,interiordesign,environmental or construction administration, or (B) practicing the profession of planning or financial specialization;
6505 planning or financial specialization;
sHB6505 / File No.
Public Act No.
726 sHB6505 File No.
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726 (10) "Downtown Hartford higher education center project" means a projecttodevelopahighereducationcenter,asdefinedinsubparagraph (B) of subdivision (2) of section 32-600, and as described in subsection (a) of section 32-612, for the regional community-technical college system;
6505 (10) "Downtown Hartford higher education center project" means a projecttodevelopahighereducationcenter,asdefinedinsubparagraph (B) of subdivision (2) of section 32-600, and as described in subsection (a) of section 32-612, for the regional community-technical college system;
(a) (1) Except in the case of a project, a priority higher education facility project, a project, as defined in subdivision (16) of section 10a- 109c, undertaken by The University of Connecticut, a community court project, a correctional facility project, a juvenile [detention] residential center project, and the downtown Hartford higher education center project, the commissioner shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable tothestate.(2)In thecase ofaproject,thecommissioner shall negotiate a contract for such services with the most qualified firm from among the list of firms submitted by the panel at compensation which the commissioner determines in writing to be fair and reasonable to the state.
(a) (1) Except in the case of a project, a priority higher education facility project, a project, as defined in subdivision (16) of section 10a- 109c, undertaken by The University of Connecticut, a community court project, a correctional facility project, a juvenile [detention] residential center project, and the downtown Hartford higher education center project, the commissioner shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable tothestate.(2)In thecase ofaproject,thecommissioner shall negotiate a contract for such services with the most qualified firm from among the list of firms submitted by the panel at compensation which the commissioner determines in writing to be fair and reasonable to the Public Act No.
If the commissioner is unable to conclude a contract with any of the firms recommended by the panel, the commissioner shall, after sHB6505 / File No.
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6505 state.
726 issuing written findings of fact documenting the reasons for such inability,negotiatewiththosefirmswhichthecommissionerdetermines to be most qualified, at fair and reasonable compensation, to render the particular consultant services under consideration.
If the commissioner is unable to conclude a contract with any of the firms recommended by the panel, the commissioner shall, after issuing written findings of fact documenting the reasons for such inability,negotiatewiththosefirmswhichthecommissionerdetermines to be most qualified, at fair and reasonable compensation, to render the particular consultant services under consideration.
(a) (1) As used in this section, "prequalification classification" means the prequalification classifications established by the Commissioner of Administrative Services pursuant to section 4a-100, "public agency" has the same meaning as provided in section 1-200, "awarding authority" means the Department of Administrative Services, except "awarding authority" means (A) the Joint Committee on Legislative Management, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of the joint committee, (B) a constituent unit ofthe state system of higher education, sHB6505 / File No.
(a) (1) As used in this section, "prequalification classification" means the prequalification classifications established by the Commissioner of Administrative Services pursuant to section 4a-100, "public agency" has the same meaning as provided in section 1-200, "awarding authority" Public Act No.
726 sHB6505 File No.
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726 in the case of a contract for the construction of or work on a building or other public work under the supervision and control of such constituent unit, or (C) the Military Department, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of said department and "community court project", "downtown Hartford higher education center project", "correctional facility project", "juvenile [detention] residential center project" and "priority higher education facility project" have the same meanings as provided in section 4b-55, as amended by this act.
6505 means the Department of Administrative Services, except "awarding authority" means (A) the Joint Committee on Legislative Management, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of the joint committee, (B) a constituent unit ofthe state system of higher education, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of such constituent unit, or (C) the Military Department, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of said department and "community court project", "downtown Hartford higher education center project", "correctional facility project", "juvenile [detention] residential center project" and "priority higher education facility project" have the same meanings as provided in section 4b-55, as amended by this act.
(3) The requirements set forth in subdivision (2) of this subsection shall not apply to (A) a public highway or bridge project or any other construction project administered by the Department of Transportation, or (B) a contract awarded by the Commissioner of Administrative Services for (i) any public building or other public works project administered by the Department of Administrative Services that is estimated to cost one million five hundred thousand dollars or less, (ii) a community court project, (iii) the downtown Hartford higher education center project, (iv) a correctional facility project, (v) a juvenile [detention] residential center project, or (vi) a student residential facility for the Connecticut State University System that is a priority higher education facility project.
(3) The requirements set forth in subdivision (2) of this subsection shall not apply to (A) a public highway or bridge project or any other construction project administered by the Department of Transportation, or (B) a contract awarded by the Commissioner of Administrative Services for (i) any public building or other public works project administered by the Department of Administrative Services that is Public Act No.
(4) Every contract for the construction, reconstruction, alteration, sHB6505 / File No.
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6505 estimated to cost one million five hundred thousand dollars or less, (ii) a community court project, (iii) the downtown Hartford higher education center project, (iv) a correctional facility project, (v) a juvenile [detention] residential center project, or (vi) a student residential facility for the Connecticut State University System that is a priority higher education facility project.
726 remodeling, repair or demolition of any public building or any other public work by a public agency that is paid for, in whole or in part, with state funds and that is estimated to cost more than five hundred thousand dollars shall be awarded to a bidder that is prequalified pursuant to section 4a-100 after the public agency has invited such bids by posting notice on the State Contracting Portal, except for (A) a public highway or bridge project or any other construction project administered by the Department of Transportation, or (B) any public building or other public works project administered by the Department of Administrative Services that is estimated to cost one million five hundred thousand dollars or less.
(4) Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by a public agency that is paid for, in whole or in part, with state funds and that is estimated to cost more than five hundred thousand dollars shall be awarded to a bidder that is prequalified pursuant to section 4a-100 after the public agency has invited such bids by posting notice on the State Contracting Portal, except for (A) a public highway or bridge project or any other construction project administered by the Department of Transportation, or (B) any public building or other public works project administered by the Department of Administrative Services that is estimated to cost one million five hundred thousand dollars or less.
The commissioner shall use the prequalification classifications established pursuant to section 4a-100 to determine the specific categories of services that contractors may perform after being selected in accordance with this subparagraph and subparagraph (B) of this subdivision and awarded a contract in accordance with subparagraph (C) of this subdivision.
The commissioner shall use the prequalification classifications established pursuant to section 4a-100 to determine the specific categories of services that contractors may perform after being selected in accordance with this subparagraph and subparagraph (B) of this subdivision and awarded a contract in Public Act No.
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6505 accordance with subparagraph (C) of this subdivision.
The notice shall be in the form determined by the commissioner, and shall sHB6505 / File No.
The notice shall be in the form determined by the commissioner, and shall set forth the information that a contractor is required to submit to be considered for selection.
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726 set forth the information that a contractor is required to submit to be considered for selection.
The contract shall be awarded to the lowest responsible and qualified bidder, subject to the provisions of sections 4b-92 and 4b- 94.
The contract shall be awarded to the lowest responsible Public Act No.
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6505 and qualified bidder, subject to the provisions of sections 4b-92 and 4b- 94.
(g) Notwithstanding the provisions of this chapter regarding competitive bidding procedures, the commissioner may select and sHB6505 / File No.
(g) Notwithstanding the provisions of this chapter regarding competitive bidding procedures, the commissioner may select and interview at least three responsible and qualified general contractors who are prequalified pursuant to section 4a-100 and submit the three selected contractors to the construction services award panels process described in section 4b-100a and any regulation adopted by the commissioner.
726 sHB6505 File No.
726 interview at least three responsible and qualified general contractors who are prequalified pursuant to section 4a-100 and submit the three selected contractors to the construction services award panels process described in section 4b-100a and any regulation adopted by the commissioner.
Section 10-220k of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2022):
Section 10-220k of the general statutes is repealed and the Public Act No.
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6505 following is substituted in lieu thereof (Effective January 1, 2022):
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The student's sHB6505 / File No.
The student's educational records may not be further disclosed without a court order or the written consent of the student's parent or guardian.
726 sHB6505 File No.
726 educational records may not be further disclosed without a court order or the written consent of the student's parent or guardian.
(2) If a student who committed an expellable offense seeks to return to a school district after participating in a diversionary program or having been placed in a juvenile [detention] residential center or any other residential placement and such student has not been expelled by the local or regional board of education for such offense under subdivision (1) of this subsection, the local or regional board of education for the school district to which the student is returning shall allow such student to return and may not expel the student for additional time for such offense.
(2) If a student who committed an expellable offense seeks to return to a school district after participating in a diversionary program or having been placed in a juvenile [detention] residential center or any Public Act No.
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6505 other residential placement and such student has not been expelled by the local or regional board of education for such offense under subdivision (1) of this subsection, the local or regional board of education for the school district to which the student is returning shall allow such student to return and may not expel the student for additional time for such offense.
Receipt sHB6505 / File No.
Receipt of the educational records shall not delay a child from enrolling in school.
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726 of the educational records shall not delay a child from enrolling in school.
(2) The local or regional board of education for the school district in which a juvenile [detention facility] residential center is located shall be responsible for the provision of general education and special education and related services to children detained in such [facility] center.
(2) The local or regional board of education for the school district in Public Act No.
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6505 which a juvenile [detention facility] residential center is located shall be responsible for the provision of general education and special education and related services to children detained in such [facility] center.
(3) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile [detention facility] residential center is sHB6505 / File No.
(3) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile [detention facility] residential center is located shall be financially responsible for the tuition charged for the provision of educational services to the child in such juvenile [detention facility] residential center.
726 sHB6505 File No.
726 located shall be financially responsible for the tuition charged for the provision of educational services to the child in such juvenile [detention facility] residential center.
Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d.
Application for the grant to be paid by the state for costs in excess of the Public Act No.
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6505 local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d.
(5) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school sHB6505 / File No.
(5) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile [detention facility] residential center is located shall be notified in writing by the Judicial Branch of the child's placement at the juvenile [detention facility] residential center not later than one business day after the child's placement, notwithstanding any provision of the general statutes.
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726 district in which the juvenile [detention facility] residential center is located shall be notified in writing by the Judicial Branch of the child's placement at the juvenile [detention facility] residential center not later than one business day after the child's placement, notwithstanding any provision of the general statutes.
(6) Notwithstanding any provision of the general statutes, a child who is enrolled in a school district at the time of placement in a juvenile [detention facility] residential center shall remain enrolled in that same school district for the duration of his or her detention, unless the child voluntarily terminates enrollment, and shall have the right to return to such school district immediately upon discharge from [detention] the juvenile residential center into the community.
(6) Notwithstanding any provision of the general statutes, a child Public Act No.
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6505 who is enrolled in a school district at the time of placement in a juvenile [detention facility] residential center shall remain enrolled in that same school district for the duration of his or her detention, unless the child voluntarily terminates enrollment, and shall have the right to return to such school district immediately upon discharge from [detention] the juvenile residential center into the community.
(9) Prior to the child's discharge from the juvenile [detention facility] residential center, the local or regional board of education responsible sHB6505 / File No.
(9) Prior to the child's discharge from the juvenile [detention facility] residential center, the local or regional board of education responsible for the provision of educational services to children in the juvenile [detention facility] residential center shall conduct an assessment of the school work completed by the child to determine an assignment of academic credit for the work completed.
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726 for the provision of educational services to children in the juvenile [detention facility] residential center shall conduct an assessment of the school work completed by the child to determine an assignment of academic credit for the work completed.
Credit assigned for work completed by the child shall be accepted in transfer by the local or regional board of education for the school district in which the child continues his or her education after discharge from the juvenile [detention facility] residential center.
Credit assigned for work completed by the child shall be accepted in transfer by the local or Public Act No.
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6505 regional board of education for the school district in which the child continues his or her education after discharge from the juvenile [detention facility] residential center.
The grant payable to any town under the provisions of this section in the state fiscal year commencing July 1, 1999, and each fiscal year thereafter, shall be equal to the total of (1) (A) one hundred per cent of the property taxes which would have been paid with respect to any facility designated by the Commissioner of Correction, on or before August first of each year, to be a correctional facility administered under the auspices of the Department of Correction or a juvenile [detention] residential center under direction of theCourt Support ServicesDivisionoftheJudicialBranch that wasused for incarcerative purposes during the preceding fiscal year.
The grant payable to any town under the provisions of this section in the state fiscal year commencing July 1, 1999, and each fiscal year thereafter, shall be equal to the total of (1) (A) one hundred per cent of the property taxes which would have been paid with respect to any facility designated by the Commissioner of Correction, on or before August first of each year, to be a correctional facility administered under the auspices of the Department of Correction or a juvenile [detention] residential center under direction of the Court Support ServicesDivisionoftheJudicialBranch that wasused for incarcerative purposes during the preceding fiscal year.
If a list containing the name and location of such designated facilities and information concerning their use for purposes of incarceration during sHB6505 / File No.
If a list containing the name and location of such designated facilities and information concerning their use for purposes of incarceration during the preceding fiscal year is not available from the Secretary of the State on the first day of August of any year, said commissioner shall, on said first day of August, certify to the Secretary of the Office of Policy and Management a list containing such information, (B) one hundred per Public Act No.
726 sHB6505 File No.
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726 the preceding fiscal year is not available from the Secretary of the State on the first day of August of any year, said commissioner shall, on said first day of August, certify to the Secretary of the Office of Policy and Management a list containing such information, (B) one hundred per cent of the property taxes which would have been paid with respect to that portion of the John Dempsey Hospital located at The University of Connecticut Health Center in Farmington that is used as a permanent medical ward for prisoners under the custody of the Department of Correction.Nothinginthissectionshallbeconstruedasdesignatingany portion of The University of Connecticut Health Center John Dempsey Hospital as a correctional facility, and (C) in the state fiscal year commencing July 1, 2001, and each fiscal year thereafter, one hundred per cent of the property taxes which would have been paid on any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation on or after June 8, 1999, (2) subject to the provisions of subsection (c) of this section, sixty-five per cent of the property taxes which would have been paid with respect to the buildings and grounds comprising Connecticut Valley Hospital and Whiting Forensic Hospital in Middletown.
6505 cent of the property taxes which would have been paid with respect to that portion of the John Dempsey Hospital located at The University of Connecticut Health Center in Farmington that is used as a permanent medical ward for prisoners under the custody of the Department of Correction.Nothinginthissectionshallbeconstruedasdesignatingany portion of The University of Connecticut Health Center John Dempsey Hospital as a correctional facility, and (C) in the state fiscal year commencing July 1, 2001, and each fiscal year thereafter, one hundred per cent of the property taxes which would have been paid on any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation on or after June 8, 1999, (2) subject to the provisions of subsection (c) of this section, sixty-five per cent of the property taxes which would have been paid with respect to the buildings and grounds comprising Connecticut Valley Hospital and Whiting Forensic Hospital in Middletown.
The grant provided sHB6505 / File No.
The grant provided pursuant to this section for any municipally owned airport or any airport ownedby theConnecticut Airport Authority,other thanBradley Public Act No.
726 sHB6505 File No.
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726 pursuant to this section for any municipally owned airport or any airport ownedby theConnecticut Airport Authority,other thanBradley International Airport, shall be paid to any municipality in which the airport is located, except that the grant applicable to Sikorsky Airport shall be paid half to the town of Stratford and half to the city of Bridgeport,and(6)forty-fivepercentofthepropertytaxeswhichwould have been paid with respect to any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation prior to June 8, 1999, or taken into trust by the federal government for the Mohegan Tribe of Indians of Connecticut, provided (A) the real property subject to this subdivision shall be the land only, and shall not include the assessed value of any structures, buildings or other improvements on such land, and (B) said forty-five per cent grant shall be phased in as follows:
6505 International Airport, shall be paid to any municipality in which the airport is located, except that the grant applicable to Sikorsky Airport shall be paid half to the town of Stratford and half to the city of Bridgeport,and(6)forty-fivepercentofthepropertytaxeswhichwould have been paid with respect to any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation prior to June 8, 1999, or taken into trust by the federal government for the Mohegan Tribe of Indians of Connecticut, provided (A) the real property subject to this subdivision shall be the land only, and shall not include the assessed value of any structures, buildings or other improvements on such land, and (B) said forty-five per cent grant shall be phased in as follows:
(a) (1) The Superior Court or a family support magistrate may make and enforce orders for payment of support to the Commissioner of Administrative Services or, in IV-D support cases, to the state acting by and through theIV-D agency, directed to the husband or wife and, if the patient or person is under the age of eighteen years or as otherwise provided in this subsection, to any parent of any patient or person being supported by the state, wholly or in part, in a state humane institution, orunderanywelfareprogramadministeredbytheDepartmentofSocial Services, as the court or family support magistrate finds, in accordance sHB6505 / File No.
(a) (1) The Superior Court or a family support magistrate may make and enforce orders for payment of support to the Commissioner of Administrative Services or, in IV-D support cases, to the state acting by and through theIV-D agency, directed to the husband or wife and, if the patient or person is under the age of eighteen years or as otherwise provided in this subsection, to any parent of any patient or person being supported by the state, wholly or in part, in a state humane institution, orunderanywelfareprogramadministeredbytheDepartmentofSocial Public Act No.
726 sHB6505 File No.
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726 with the provisions of subsection (b) of section 17b-179, or section 17a- 90, 17b-81, 17b-223, 46b-129 or 46b-130, to be reasonably commensurate with the financial ability of any such relative.
6505 Services, as the court or family support magistrate finds, in accordance with the provisions of subsection (b) of section 17b-179, or section 17a- 90, 17b-81, 17b-223, 46b-129 or 46b-130, to be reasonably commensurate with the financial ability of any such relative.
An order under subclause (I) of this clause shall be made only if insurance coverage as described in clause (i) of this subparagraph is unavailable at reasonable cost to either parent, or inaccessible to the child.
An order Public Act No.
sHB6505 / File No.
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6505 under subclause (I) of this clause shall be made only if insurance coverage as described in clause (i) of this subparagraph is unavailable at reasonable cost to either parent, or inaccessible to the child.
726 (iii) An order for payment of the child's medical and dental expenses, other than those described in subclause (II) of clause (v) of this subparagraph, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
(iii) An order for payment of the child's medical and dental expenses, other than those described in subclause (II) of clause (v) of this subparagraph, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
(iv)Health care coverage shallbedeemedreasonableincost if:
(iv)Health care coverage shallbedeemedreasonableincost if:(I)The parent obligated to maintain such coverage would qualify as a low- income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income;
(I)The parent obligated to maintain such coverage would qualify as a low- income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income;
(I) An amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including HUSKY A or B, except as provided in clause (vi) of this subparagraph, or by another parent through employment or otherwise, or (II) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record, or in an affidavit, made under oath, that also states that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
(I) An amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including HUSKY A or B, except as provided in clause (vi) of this subparagraph, or by another parent through employment or otherwise, or (II) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified Public Act No.
Cash medical support, as described in subclauses (I) and (II) of this clause, may be ordered in lieu of an order under clause (i) of this subparagraph to be effective until sHB6505 / File No.
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6505 specifically on the record, or in an affidavit, made under oath, that also states that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
726 such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under clause (i) of this subparagraph, provided the total cost to the obligated parentofinsuranceandcashmedicalsupportisreasonable,asdescribed in clause (iv) of this subparagraph.
Cash medical support, as described in subclauses (I) and (II) of this clause, may be ordered in lieu of an order under clause (i) of this subparagraph to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under clause (i) of this subparagraph, provided the total cost to the obligated parentofinsuranceandcashmedicalsupportisreasonable,asdescribed in clause (iv) of this subparagraph.
(B) Whenever an order of the Superior Court or family support magistrate is issued against a parent to cover the cost of such medical or dental insurance or benefit plan for a child who is eligible for Medicaid benefits, and such parent has received payment from a third party for the costs of such services but such parent has not used such payment to reimburse, as appropriate, either the other parent or guardian or the providerofsuchservices,theDepartmentofSocialServicesmayrequest the court or family support magistrate to order the employer of such parent to withhold from the wages, salary or other employment income of such parent to the extent necessary to reimburse the Department of Social Services for expenditures for such costs under the Medicaid program, except that any claims for current or past-due child support shall take priority over any such claims for the costs of such services.
(B) Whenever an order of the Superior Court or family support magistrate is issued against a parent to cover the cost of such medical or dental insurance or benefit plan for a child who is eligible for Medicaid benefits, and such parent has received payment from a third party for the costs of such services but such parent has not used such payment to reimburse, as appropriate, either the other parent or guardian or the providerofsuchservices,theDepartmentofSocialServicesmayrequest the court or family support magistrate to order the employer of such Public Act No.
(3) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any such patient or person, or the payee of Social Security or other sHB6505 / File No.
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6505 parent to withhold from the wages, salary or other employment income of such parent to the extent necessary to reimburse the Department of Social Services for expenditures for such costs under the Medicaid program, except that any claims for current or past-due child support shall take priority over any such claims for the costs of such services.
726 benefits to which such patient or person is entitled, to the extent of the income or estate held or received by such fiduciary or payee in any such capacity.
(3) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any such patient or person, or the payee of Social Security or other benefits to which such patient or person is entitled, to the extent of the income or estate held or received by such fiduciary or payee in any such capacity.
(B) In the determination of child support due based on neglect or refusaltofurnishsupportpriortotheaction,thesupportdueforperiods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods, as determined in accordance with the child support guidelines established pursuant to section 46b-215a.
(B) In the determination of child support due based on neglect or Public Act No.
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6505 refusaltofurnishsupportpriortotheaction,thesupportdueforperiods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods, as determined in accordance with the child support guidelines established pursuant to section 46b-215a.
If current ability to pay is not known, the court shall determine the past ability to pay based on the obligor's work history if known, or if not known, on the state sHB6505 / File No.
If current ability to pay is not known, the court shall determine the past ability to pay based on the obligor's work history if known, or if not known, on the state minimum wage that was in effect during such periods, provided only actual earnings shall be used to determine ability to pay for past periods during which the obligor was a full-time high school student or was incarcerated, institutionalized or incapacitated.
726 sHB6505 File No.
726 minimum wage that was in effect during such periods, provided only actual earnings shall be used to determine ability to pay for past periods during which the obligor was a full-time high school student or was incarcerated, institutionalized or incapacitated.
A copy of any support order entered, subject to adjustment, that is provided to each party under subsection (c) of this section shall state in plain language the basis for the court's determination of past support, the right to request an adjustment and to present information concerning the obligor's past ability to pay, and the consequences of a failure to request such adjustment.
A copy of any support order entered, subject to adjustment, that is provided to each party under subsection (c) of this section shall state in plain language the basis for the court's determination of past support, the right to request an adjustment and to present information concerning the obligor's past ability to pay, and the Public Act No.
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6505 consequences of a failure to request such adjustment.
Any order of payment made under this section may, at any time after being sHB6505 / File No.
Any order of payment made under this section may, at any time after being made, be set aside or alteredby thecourt or afamily support magistrate.
726 sHB6505 File No.
726 made, be set aside or alteredby thecourt or afamily support magistrate.
(7) (A) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition of the Commissioner of Administrative Services, the Commissioner ofSocialServicesor their designees.The verifiedpetition shall be filed by any of said commissioners or their designees in the judicial district of the court or Family Support Magistrate Division in which the patient, applicant, beneficiary, recipient or the defendant resides.
(7) (A) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition of the Commissioner of Administrative Services, the Commissioner ofSocialServicesor their designees.The verifiedpetition Public Act No.
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6505 shall be filed by any of said commissioners or their designees in the judicial district of the court or Family Support Magistrate Division in which the patient, applicant, beneficiary, recipient or the defendant resides.
The state marshal, proper officer or investigator shall make due return of process to the court not less than sHB6505 / File No.
The state marshal, proper officer or investigator shall make due return of process to the court not less than twenty-one days before the date assigned for hearing.
726 sHB6505 File No.
726 twenty-one days before the date assigned for hearing.
Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant to obey the court order as contempt of court, the court or the family support magistrate may order a capias mittimus to be issued and directed to a judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest such defendant and bring such defendant before the Superior Court for the contempt hearing.
Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of Public Act No.
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6505 the defendant to obey the court order as contempt of court, the court or the family support magistrate may order a capias mittimus to be issued and directed to a judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest such defendant and bring such defendant before the Superior Court for the contempt hearing.
(9) In addition to or in lieu of contempt proceedings, the court or family support magistrate, upon a finding that any person has failed to obey any order made under this section, may issue an order directing that anincome withholding order issueagainst suchamount ofany debt accruing by reason of personal services due and owing to such person in accordance with section 52-362, as amended by this act, or against such lesser amount of such excess as said court or family support sHB6505 / File No.
(9) In addition to or in lieu of contempt proceedings, the court or family support magistrate, upon a finding that any person has failed to obey any order made under this section, may issue an order directing that anincome withholding order issueagainst suchamount ofany debt accruing by reason of personal services due and owing to such person in accordance with section 52-362, as amended by this act, or against such lesser amount of such excess as said court or family support magistrate deems equitable, for payment of accrued and unpaid amounts due under such order and all amounts which thereafter become due under such order.
726 sHB6505 File No.
726 magistrate deems equitable, for payment of accrued and unpaid amounts due under such order and all amounts which thereafter become due under such order.
(10)No entry fee,judgment feeor any other court feeshallbecharged by the court to either party in actions under this section.
Public Act No.
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6505 (10)No entry fee,judgment feeor any other court feeshallbecharged by the court to either party in actions under this section.
Except as provided in sections 46b-301 to 46b-425, inclusive, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including Support Enforcement Services in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established sHB6505 / File No.
Except as provided in sections 46b-301 to 46b-425, inclusive, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including Support Enforcement Services in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record at a hearing, or in a written judgment, order or memorandum of decision of the court, that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion.
726 sHB6505 File No.
726 pursuant to section 46b-215a, unless there was a specific finding on the record at a hearing, or in a written judgment, order or memorandum of decision of the court, that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion.
In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with sections 46b-384 to 46b-393, inclusive.
In any Public Act No.
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6505 hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with sections 46b-384 to 46b-393, inclusive.
sHB6505 / File No.
(4) "Medication" means any medicinal preparation, and includes any controlled substances specifically designated in the regulations or policies adopted pursuant to section 20-14j, as amended by this act.
726 sHB6505 File No.
726 (4) "Medication" means any medicinal preparation, and includes any controlled substances specifically designated in the regulations or policies adopted pursuant to section 20-14j, as amended by this act.
Anyprovisionstothecontrarynotwithstanding,chapter378shallnot prohibit the administration of medication to persons (1) attending day programs, residing in residential facilities or receiving individual and family support, under the jurisdiction of the Departments of Children and Families, Correction, Developmental Services and Mental Health and Addiction Services, (2) being detained in juvenile [detention] residential centers or residing in residential facilities dually licensed by the Department of Children and Families and the Department of Public Health, or (3) residing in substance abuse treatment facilities licensed by the Department of Children and Families pursuant to section 17a-145 when such medication is administered by trained persons, pursuant to the written order of a physician licensed under this chapter, a dentist licensed under chapter 379, an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a or a physician assistant licensed to prescribe in accordance with section 20-12d, authorized to prescribe such medication.
Public Act No.
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6505 Anyprovisionstothecontrarynotwithstanding,chapter378shallnot prohibit the administration of medication to persons (1) attending day programs, residing in residential facilities or receiving individual and family support, under the jurisdiction of the Departments of Children and Families, Correction, Developmental Services and Mental Health and Addiction Services, (2) being detained in juvenile [detention] residential centers or residing in residential facilities dually licensed by the Department of Children and Families and the Department of Public Health, or (3) residing in substance abuse treatment facilities licensed by the Department of Children and Families pursuant to section 17a-145 when such medication is administered by trained persons, pursuant to the written order of a physician licensed under this chapter, a dentist licensed under chapter 379, an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a or a physician assistant licensed to prescribe in accordance with section 20-12d, authorized to prescribe such medication.
(b)The ChiefCourt Administrator shall(1)establishongoing training programs for personnel who are to administer medications to detainees in juvenile [detention] residential centers, and (2) adopt policies to carry sHB6505 / File No.
(b)The ChiefCourt Administrator shall(1)establishongoing training programs for personnel who are to administer medications to detainees in juvenile [detention] residential centers, and (2) adopt policies to carry out the provisions of sections 20-14h, as amended by this act, and 20-14i, as amended by this act, concerning the administration of medication to detainees in juvenile [detention] residential centers.
726 sHB6505 File No.
726 out the provisions of sections 20-14h, as amended by this act, and 20-14i, as amended by this act, concerning the administration of medication to detainees in juvenile [detention] residential centers.
(a) The Probate Court Administrator shall, from time to time, recommend to the judges of the Supreme Court, for adoption and promulgation, [pursuant to the provisions of section 51-14,] uniform rules of procedure in the Probate Courts.
(a) The Probate Court Administrator shall, from time to time, Public Act No.
21-104 28 of 113 Substitute House Bill No.
6505 recommend to the judges of the Supreme Court, for adoption and promulgation, [pursuant to the provisions of section 51-14,] uniform rules of procedure in the Probate Courts.
(1) Dissolution of marriage, contested and uncontested, except dissolution sHB6505 / File No.
(1) Dissolution of marriage, contested and uncontested, except dissolution uponconvictionofcrime asprovidedinsection [46b-47]46b-48;
726 sHB6505 File No.
726 uponconvictionofcrime asprovidedinsection [46b-47]46b-48;
(8) habeas corpus and other proceedings to determine the custody and visitation of children;
(8) habeas corpus and Public Act No.
21-104 29 of 113 Substitute House Bill No.
6505 other proceedings to determine the custody and visitation of children;
Harassing, following, lying in wait for, surveilling, monitoring or sending unwanted gifts or sHB6505 / File No.
Harassing, following, lying in wait for, surveilling, monitoring or sending unwanted gifts or messages to another person directly, indirectly or through a third person, by any method, device or other means, that causes such person Public Act No.
726 sHB6505 File No.
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726 messages to another person directly, indirectly or through a third person, by any method, device or other means, that causes such person to reasonably fear for his or her physical safety.
6505 to reasonably fear for his or her physical safety.
In making such orders, the court, in its discretion, sHB6505 / File No.
In making such orders, the court, in its discretion, Public Act No.
726 sHB6505 File No.
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726 may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site.
6505 may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site.
Immediately after making service on the respondent, the proper officer shall (1) send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, and (2) as soon as possible, but not later than two hours after the time that service is executed, input into the sHB6505 / File No.
Immediately after making service on the respondent, the proper officer shall (1) send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant Public Act No.
726 sHB6505 File No.
21-104 32 of 113 Substitute House Bill No.
726 Judicial Branch's Internet-based service tracking system the date, time and method of service.
6505 resides, the town in which the applicant is employed and the town in which the respondent resides, and (2) as soon as possible, but not later than two hours after the time that service is executed, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service.
If the applicant is enrolled in a public or private elementary or secondary school, including a technical education and career school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the applicant, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or theinformationcontained in any such order, to such school or institution of higher education, the president of any institutionofhigher educationat which theapplicant isenrolledand the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the applicant is enrolled, if the applicant provides the clerk with the name and address of such school or institution of higher education.
If the applicant is enrolled in a public or private elementary or secondary school, including a technical education and career school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the applicant, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or theinformationcontained in any such order, to such school or institution of higher education, the president of any institutionofhigher educationat which theapplicant is enrolledand the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the applicant is enrolled, if the applicant provides the clerk with the name and address of such school or institution of higher education.
The clerk of the court shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of subsection (d) of this section.
Public Act No.
[(e)] (f) An action under this section shall not preclude the applicant sHB6505 / File No.
21-104 33 of 113 Substitute House Bill No.
726 sHB6505 File No.
6505 The clerk of the court shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of subsection (d) of this section.
726 from subsequently seeking any other civil or criminal relief based on the same facts and circumstances.
[(e)] (f) An action under this section shall not preclude the applicant from subsequently seeking any other civil or criminal relief based on the same facts and circumstances.
(b) Any finding required to be made by the court pursuant to subsection (a) of this section, may be made on the basis of an affidavit, made under oath, by either party, provided that the party making the affidavit attests that no restraining order issued pursuant to section 46b- 15 or protective order, issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
(b) Any finding required to be made by the court pursuant to subsection (a) of this section, may be made on the basis of an affidavit, made under oath, by either party, provided that the party making the affidavit attests that no restraining order issued pursuant to section 46b- or protective order, issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
[(b)] (c) In any case in which the court finds [, after hearing,] that a cause enumerated in subsection (c) of section 46b-40 exists, the court shall enter a decree dissolving the marriage or granting a legal separation.
[(b)] (c) In any case in which the court finds [, after hearing,] that a Public Act No.
21-104 34 of 113 Substitute House Bill No.
6505 cause enumerated in subsection (c) of section 46b-40 exists, the court shall enter a decree dissolving the marriage or granting a legal separation.
sHB6505 / File No.
(a) For purposes of this section, an educational support order is an order entered by a court requiring a parent to provide support for a child or children to attend for up to a total of four full academic years an institution of higher education or a private occupational school for the purpose of attaining a bachelor's or other undergraduate degree, or other appropriate vocational instruction.
726 sHB6505 File No.
726 (a) For purposes of this section, an educational support order is an order entered by a court requiring a parent to provide support for a child or children to attend for up to a total of four full academic years an institution of higher education or a private occupational school for the purpose of attaining a bachelor's or other undergraduate degree, or other appropriate vocational instruction.
(2) A waiver of the right to file a motion or petition for an educational support order may be made in writing by either parent and accepted by the court, provided the parent making the writing attests, under oath, that the parent fully understands the consequences of such waiver, and that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
Public Act No.
21-104 35 of 113 Substitute House Bill No.
6505 (2) A waiver of the right to file a motion or petition for an educational support order may be made in writing by either parent and accepted by the court, provided the parent making the writing attests, under oath, that the parent fully understands the consequences of such waiver, and that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
[(2)] (3) On motion or petition of a parent, the court may enter an educational support order at the time of entry of an order for support sHB6505 / File No.
[(2)] (3) On motion or petition of a parent, the court may enter an educational support order at the time of entry of an order for support pendente lite pursuant to section 46b-83.
726 sHB6505 File No.
726 pendente lite pursuant to section 46b-83.
[(4)] (5) On motion or petition of a parent, the court may enter an educational support order at the time of entering an order pursuant to any other provisionofthegeneralstatutesauthorizing thecourtto make an order of support for a child, subject to the provisions of sections 46b- 301 to 46b-425, inclusive.
[(4)] (5) On motion or petition of a parent, the court may enter an educational support order at the time of entering an order pursuant to any other provisionofthegeneralstatutesauthorizing thecourtto make an order of support for a child, subject to the provisions of sections 46b- to 46b-425, inclusive.
(2) the child's need for support to attend an institution of higher education or private occupational school considering the child's assets and the child's ability to earn income;
(2) the child's need for support to attend an institution of higher education or private Public Act No.
21-104 36 of 113 Substitute House Bill No.
6505 occupational school considering the child's assets and the child's ability to earn income;
(d) Any finding required to be made by the court, pursuant to this section may be made on the basis of an affidavit, made under oath, by either party, provided that the party making the affidavit attests that no restraining order issued pursuant to section 46b-15 or protective order, issued pursuant to section 46b-38c, between the parties is in effect or sHB6505 / File No.
(d) Any finding required to be made by the court, pursuant to this section may be made on the basis of an affidavit, made under oath, by either party, provided that the party making the affidavit attests that no restraining order issued pursuant to section 46b-15 or protective order, issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
726 sHB6505 File No.
726 pending before the court.
[(e)] (f) To qualify for payments due under an educational support order, the child must (1) enroll in an accredited institution of higher education or private occupational school, as defined in section 10a-22a, (2) actively pursue a course of study commensurate with the child's vocational goals that constitutes at least one-half the course load determined by that institution or school to constitute full-time enrollment,(3)maintaingoodacademicstandinginaccordance with the rules of the institution or school, and (4) make available all academic records to both parents during the term of the order.
[(e)] (f) To qualify for payments due under an educational support order, the child must (1) enroll in an accredited institution of higher education or private occupational school, as defined in section 10a-22a, (2) actively pursue a course of study commensurate with the child's vocational goals that constitutes at least one-half the course load determined by that institution or school to constitute full-time enrollment,(3)maintaingoodacademicstandinginaccordance withthe rules of the institution or school, and (4) make available all academic records to both parents during the term of the order.
[(f)] (g) The educational support order may include support for any necessary educational expense, including room, board, dues, tuition, fees, registration and application costs, but such expenses shall not be more than the amount charged by The University of Connecticut for a full-time in-state student at the time the child for whom educational support isbeing orderedmatriculates,except thislimit may beexceeded by agreement of the parents.
Public Act No.
21-104 37 of 113 Substitute House Bill No.
6505 [(f)] (g) The educational support order may include support for any necessary educational expense, including room, board, dues, tuition, fees, registration and application costs, but such expenses shall not be more than the amount charged by The University of Connecticut for a full-time in-state student at the time the child for whom educational support isbeing orderedmatriculates,except thislimit may beexceeded by agreement of the parents.
[(h)] (i) On motion or petition of a parent, an educational support sHB6505 / File No.
[(h)] (i) On motion or petition of a parent, an educational support order may be modified or enforced in the same manner as is provided by law for any support order.
726 sHB6505 File No.
726 order may be modified or enforced in the same manner as is provided by law for any support order.
(b)If no declarationhasbeenfiledunder subsection(a)ofthissection, then at any time after the entry of a decree of legal separation, either party may petition the superior court for the judicial district in which the decree was entered for a decree dissolving the marriage.
(b)If no declarationhasbeenfiledunder subsection(a)ofthissection, Public Act No.
21-104 38 of 113 Substitute House Bill No.
6505 then at any time after the entry of a decree of legal separation, either party may petition the superior court for the judicial district in which the decree was entered for a decree dissolving the marriage.
(a) Except as provided in section 46b-44c, in any case under this chapter where the parties have submitted to the court a final agreement concerning the custody, care, education, visitation, maintenance or supportofanyoftheirchildrenorconcerningalimonyorthedisposition of property, the court shall inquire into the financial resources and sHB6505 / File No.
(a) Except as provided in section 46b-44c, in any case under this chapter where the parties have submitted to the court a final agreement concerning the custody, care, education, visitation, maintenance or supportofanyoftheirchildrenorconcerningalimonyorthedisposition of property, the court shall inquire into the financial resources and actual needs of the [spouses] parties and their respective fitness to have physical custody of or rights of visitation with any minor child, in order to determine whether the agreement of the [spouses] parties is fair and equitable under all the circumstances.
726 sHB6505 File No.
726 actual needs of the [spouses] parties and their respective fitness to have physical custody of or rights of visitation with any minor child, in order to determine whether the agreement of the [spouses] parties is fair and equitable under all the circumstances.
(c) If the court finds the agreement fair and equitable, it shall become part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court.
(c) If the court finds the agreement fair and equitable, it shall become Public Act No.
21-104 39 of 113 Substitute House Bill No.
6505 part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court.
[(c)] (e) The provisions of chapter 909 shall be applicable to any agreementtoarbitrate inanactionfordissolutionofmarriage underthis chapter, provided [(1)] an arbitration pursuant to such agreement may proceedonlyafterthecourthasmadeathoroughinquiryandissatisfied sHB6505 / File No.
[(c)] (e) The provisions of chapter 909 shall be applicable to any agreementtoarbitrate inanactionfordissolutionofmarriage underthis chapter, provided [(1)] an arbitration pursuant to such agreement may proceedonlyafterthecourthasmadeathoroughinquiryandissatisfied that [(A)] (1) each party entered into such agreement voluntarily and without coercion, and [(B)] (2) such agreement is fair and equitable under the circumstances.
726 sHB6505 File No.
726 that [(A)] (1) each party entered into such agreement voluntarily and without coercion, and [(B)] (2) such agreement is fair and equitable under the circumstances.
An arbitration award relating to a dissolution of marriage that is incorporated into an order or decree of the court shall be enforceable and modifiable to the same extent as an agreement of the parties that is incorporated into an order or decree of the court pursuant to subsection (c) of this section.
An arbitration award relating to a dissolution of marriage that is incorporated into an order or decree of the court shall be enforceable Public Act No.
21-104 40 of 113 Substitute House Bill No.
6505 and modifiable to the same extent as an agreement of the parties that is incorporated into an order or decree of the court pursuant to subsection (c) of this section.
sHB6505 / File No.
(2) The court shall include in each support order a provision for the health care coverage of the child who is subject to the provisions of subsection (a) or (b) of this section.
726 sHB6505 File No.
726 (2) The court shall include in each support order a provision for the health care coverage of the child who is subject to the provisions of subsection (a) or (b) of this section.
If such order in a IV-D support case requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.
If such order in a IV-D support case requires the parent to Public Act No.
21-104 41 of 113 Substitute House Bill No.
6505 maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.
(i) The parent obligated to maintain such coverage would qualify as a low- income obligor under the child support guidelines established pursuant sHB6505 / File No.
(i) The parent obligated to maintain such coverage would qualify as a low- income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income;
726 sHB6505 File No.
726 to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income;
If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.
If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, Public Act No.
21-104 42 of 113 Substitute House Bill No.
6505 reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.
Any sHB6505 / File No.
Any unreimbursed medical and dental expenses not covered by an order issued pursuant to clause (ii) of this subparagraph are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.
726 sHB6505 File No.
(F) Cash medical support to offset the cost of any insurance payable underHUSKYAorB,shallnotbeorderedagainstanoncustodialparent Public Act No.
726 unreimbursed medical and dental expenses not covered by an order issued pursuant to clause (ii) of this subparagraph are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.
21-104 43 of 113 Substitute House Bill No.
(F) Cash medical support to offset the cost of any insurance payable underHUSKYAorB,shallnotbeorderedagainstanoncustodialparent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under HUSKY A or B.
6505 who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under HUSKY A or B.
In determining whether to modify a child support order based on a substantial deviation from such child support guidelines the court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as the sHB6505 / File No.
In determining whether to modify a child support order based on a substantial deviation from such child support guidelines the court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as the result of such division.
726 sHB6505 File No.
After the date of judgment, modification of any child support order issued before, on or after July 1, 1990, may be made upon a showing of such substantial change of circumstances, whether or not such change of circumstances was contemplated at the time of Public Act No.
726 result of such division.
21-104 44 of 113 Substitute House Bill No.
After the date of judgment, modification of any child support order issued before, on or after July 1, 1990, may be made upon a showing of such substantial change of circumstances, whether or not such change of circumstances was contemplated at the time of dissolution.
6505 dissolution.
(1) "Child" means any person under eighteen years of age who has not been legally emancipated, except that (A) for purposes of delinquency matters and proceedings, "child" means any person who (i) is at least seven years of age at the time of the alleged commission of a delinquent act and who is (I) under eighteen years of age and has not been legally emancipated, or (II) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (ii)is subsequent to attaining eighteenyearsofage, (I)violatesany order of the Superior Court or any condition of probation ordered by the Superior Court withrespect to adelinquency proceeding, or (II)wilfully sHB6505 / File No.
(1) "Child" means any person under eighteen years of age who has not been legally emancipated, except that (A) for purposes of delinquency matters and proceedings, "child" means any person who (i) is at least seven years of age at the time of the alleged commission of a delinquent act and who is (I) under eighteen years of age and has not been legally emancipated, or (II) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (ii)is subsequent to attaining eighteenyearsofage, (I)violatesany order of the Superior Court or any condition of probation ordered by the Superior Court withrespect to adelinquency proceeding, or (II)wilfully fails to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency Public Act No.
726 sHB6505 File No.
21-104 45 of 113 Substitute House Bill No.
726 fails to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child had notice, and (B) for purposes of family with service needs matters and proceedings, child means a person who is at least seven years of age and is under eighteen years of age;
6505 proceeding of which the child had notice, and (B) for purposes of family with service needs matters and proceedings, child means a person who is at least seven years of age and is under eighteen years of age;
(B) A child may be adjudicated as "delinquent" who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than(I)aninfraction,exceptaninfractionundersubsection (d)ofsection 21a-267,(II)aviolation,exceptaviolationundersubsection(a)ofsection 21a-279a, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, or (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, except as provided in section46b-148, asamendedby this act, or (iv) whilesixteenyearsofage or older, violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court;
(B) A child may be adjudicated as "delinquent" who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than(I)aninfraction,exceptaninfractionundersubsection(d)ofsection 21a-267,(II)aviolation,exceptaviolationundersubsection(a)ofsection 21a-279a, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, or (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, except as provided in section46b-148, asamendedby this act, or (iv) whilesixteenyearsofage or older, violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court;
sHB6505 / File No.
Public Act No.
726 sHB6505 File No.
21-104 46 of 113 Substitute House Bill No.
726 (3) "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, 2020, (A) has without just cause run away from the parental home or other properly authorizedand lawful place of abode, (B) is beyond the control of the child's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) 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;
6505 (3) "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, 2020, (A) has without just cause run away from the parental home or other properly authorizedand lawful place of abode, (B) is beyond the control of the child's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) 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;
(7) "Delinquent act" means (A) the violation by a child under the age of sixteen of any federal or state law, except the violation of section 53a- 172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the violation of a sHB6505 / File No.
(7) "Delinquent act" means (A) the violation by a child under the age Public Act No.
726 sHB6505 File No.
21-104 47 of 113 Substitute House Bill No.
726 municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, except an infraction under subsection (d) of section 21a- 267, (ii) a violation, except a violation under subsection (a) of section 21a-279a, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, or (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child has notice, (D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, except as provided in section46b-148, asamendedby thisact, or (E)theviolationofconditions of probation supervision or probation supervision with residential placementinadelinquencyproceedingbyachild,includingachildwho has attained the age of eighteen, as ordered by the court;
6505 of sixteen of any federal or state law, except the violation of section 53a- 172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the violation of a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, except an infraction under subsection (d) of section 21a- 267, (ii) a violation, except a violation under subsection (a) of section 21a-279a, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, or (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133, as amended by this act, or at any other court hearing in a delinquency proceeding of which the child has notice, (D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, except as provided in section46b-148, asamendedby thisact, or (E)theviolationofconditions of probation supervision or probation supervision with residential placementinadelinquencyproceedingbyachild,includingachildwho has attained the age of eighteen, as ordered by the court;
(8) "Serious juvenile offense" means (A) the violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53- 202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a- 100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) absconding, escaping or running away, without just cause, from any secure residential facility in which the child has been placed by the court as a delinquent child;
(8) "Serious juvenile offense" means (A) the violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53- 202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a- 100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) absconding, escaping or running away, without just cause, from any secure residential facility in which Public Act No.
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6505 the child has been placed by the court as a delinquent child;
sHB6505 / File No.
(10) "Serious juvenile repeat offender" means any child charged with the commission of any felony if such child has previously been adjudicated as delinquent or otherwise adjudicated at any age for two violations of any provision of title 21a, 29, 53 or 53a that is designated as a felony;
726 sHB6505 File No.
726 (10) "Serious juvenile repeat offender" means any child charged with the commission of any felony if such child has previously been adjudicated as delinquent or otherwise adjudicated at any age for two violations of any provision of title 21a, 29, 53 or 53a that is designated as a felony;
(14) "Probation supervision" means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time and upon such terms as the court determines;
(14) "Probation supervision" means a legal status whereby a juvenile Public Act No.
(15)"Probationsupervisionwithresidentialplacement"meansalegal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a sHB6505 / File No.
21-104 49 of 113 Substitute House Bill No.
726 sHB6505 File No.
6505 who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time and upon such terms as the court determines;
726 specified period of time, upon such terms as the court determines, that include a period of placement in a secure or staff-secure residential treatment facility, as ordered by the court, and a period of supervision in the community;
(15)"Probationsupervisionwithresidentialplacement"meansalegal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time, upon such terms as the court determines, that include a period of placement in a secure or staff-secure residential treatment facility, as ordered by the court, and a period of supervision in the community;
(17) "Secure-residentialfacility" means a hardware-secured residential facility that includes direct staff supervision, surveillance enhancementsand physicalbarriersthat allowfor close supervisionand controlled movement in a treatment setting;
(17) "Secure-residential facility" means a hardware-secured residential facility that includes direct staff supervision, surveillance enhancementsand physicalbarriersthat allowfor close supervisionand controlled movement in a treatment setting;
Sec.
Public Act No.
21-104 50 of 113 Substitute House Bill No.
6505 Sec.
(b)All recordsofcases ofjuvenilematters,as providedinsection46b- 121,exceptdelinquencyproceedings,oranypartthereof,andallrecords of appeals from probate brought to the superior court for juvenile matters pursuant to section 45a-186, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to sHB6505 / File No.
(b)All recordsofcases ofjuvenilematters,as providedinsection46b- 121,exceptdelinquencyproceedings,oranypartthereof,andallrecords of appeals from probate brought to the superior court for juvenile matters pursuant to section 45a-186, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to any third party, including bona fide researchers commissioned by a stateagency,onlyuponorderoftheSuperiorCourt,exceptthat:(1) Such records shall be available to (A) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (B) the parents or guardian of the child until such time as the child reaches the age of majority or becomes emancipated, (C) an adult adopted person in accordance with the provisionsofsections45a-736,45a-737and 45a-743to 45a-757,inclusive, (D) employees of the Division of Criminal Justice who, in the performance of their duties, require access to such records, (E) employees of the Judicial Branch who, in the performance of their duties, require access to such records, (F) another court under the provisions of subsection (d) of section 46b-115j, (G) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority or has been emancipated, (H) the Department of Children and Families, (I) the employees of the Division of Public Defender Services who, in the performance of their duties related to Division of Public Defender Services assigned counsel, require access to such records, [and] (J) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (K) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records;
726 sHB6505 File No.
and Public Act No.
726 any third party, including bona fide researchers commissioned by a stateagency,onlyuponorderofthe SuperiorCourt,exceptthat:(1)Such records shall be available to (A) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (B) the parents or guardian of the child until such time as the child reaches the age of majority or becomes emancipated, (C) an adult adopted person in accordance with the provisionsofsections45a-736,45a-737and 45a-743to 45a-757,inclusive, (D) employees of the Division of Criminal Justice who, in the performance of their duties, require access to such records, (E) employees of the Judicial Branch who, in the performance of their duties, require access to such records, (F) another court under the provisions of subsection (d) of section 46b-115j, (G) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority or has been emancipated, (H) the Department of Children and Families, (I) the employees of the Division of Public Defender Services who, in the performance of their duties related to Division of Public Defender Services assigned counsel, require access to such records, [and] (J) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (K) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records;
21-104 51 of 113 Substitute House Bill No.
and (2) all or part of the records concerning a youth in crisis with respect to whom a court order was issued prior to January 1, 2010, may be made available to the Department of Motor Vehicles, provided such records are relevant to such order.
6505 (2) all or part of the records concerning a youth in crisis with respect to whom a court order was issued prior to January 1, 2010, may be made available to the Department of Motor Vehicles, provided such records are relevant to such order.
Subsection (d) of section 46b-124 of the general statutes is sHB6505 / File No.
Subsection (d) of section 46b-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
726 sHB6505 File No.
726 repealed and the following is substituted in lieu thereof (Effective from passage):
Such employees and authorized agents include, but are not limited to, law enforcement officials, community-based youth service bureau officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials including officials of both the regular criminal docket and the docket for juvenile matters and officials of the Division of Criminal Justice, the Division of Public Defender Services, the DepartmentofChildrenandFamilies,ifthechildiscommittedpursuant to section 46b-129, provided such disclosure shall be limited to (i) information that identifies the child as the subject of the delinquency petition, or (ii) the records of the delinquency proceedings, when the juvenile court orders the department to provide services to said child, the Court Support Services Division and agencies under contract with the Judicial Branch.
Such employees and authorized agents include, but are not limited to, law enforcement officials, community-based youth service bureau officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials including officials of both the regular criminal docket and the docket for juvenile matters and officials of the Division of Criminal Justice, the Division of Public Defender Services, the DepartmentofChildrenandFamilies,ifthechildiscommittedpursuant to section 46b-129, provided such disclosure shall be limited to (i) information that identifies the child as the subject of the delinquency petition, or (ii) the records of the delinquency proceedings, when the juvenile court orders the department to provide services to said child, Public Act No.
Such records shall also be available to (I) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (II) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (III) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority, (IV) law enforcement officials and prosecutorial officials conducting legitimate criminal investigations, (V) a state or federal agency providing services related to the collection of moneys due or funding to support the service needs of eligible juveniles, provided such disclosure sHB6505 / File No.
21-104 52 of 113 Substitute House Bill No.
726 sHB6505 File No.
6505 the Court Support Services Division and agencies under contract with the Judicial Branch.
726 shall be limited to that information necessary for the collection of and application for such moneys, [and] (VI) members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been convicted of a crime in the regular criminal docket of the Superior Court and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release, and (VII) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records.
Such records shall also be available to (I) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (II) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (III) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority, (IV) law enforcement officials and prosecutorial officials conducting legitimate criminal investigations, (V) a state or federal agency providing services related to the collection of moneys due or funding to support the service needs of eligible juveniles, provided such disclosure shall be limited to that information necessary for the collection of and application for such moneys, [and] (VI) members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been convicted of a crime in the regular criminal docket of the Superior Court and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release, and (VII) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records.
Subsection (g) of section 46b-124 of the general statutes is repealedandthefollowingissubstitutedinlieuthereof (EffectiveJanuary 1, 2022):
Subsection (g) of section 46b-124 of the general statutes is Public Act No.
21-104 53 of 113 Substitute House Bill No.
6505 repealedandthefollowingissubstitutedinlieuthereof (EffectiveJanuary 1, 2022):
(c) (1) (A) Any proceeding of any case transferred to the regular criminal docket pursuant to this section shall be (i) private, except that sHB6505 / File No.
(c) (1) (A) Any proceeding of any case transferred to the regular criminal docket pursuant to this section shall be (i) private, except that any victim and the victim's next of kin shall not be excluded from such proceeding, and [shall be] (ii) conducted in such parts of the courthouse or the building in which the court is located that are separate and apart from the other parts of the court which are then being used for proceedings pertaining to adults charged with crimes.
726 sHB6505 File No.
726 any victim and the victim's next of kin shall not be excluded from such proceeding, and [shall be] (ii) conducted in such parts of the courthouse or the building in which the court is located that are separate and apart from the other parts of the court which are then being used for proceedings pertaining to adults charged with crimes.
(B) Records of any child whose case is transferred to the regular criminal docket under this section, or any part of such records, shall be available to the victim of the crime committed by the child to the same extent as the records of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior Court is available to a victim of the crime committed by such defendant.
Public Act No.
21-104 54 of 113 Substitute House Bill No.
6505 (B) Records of any child whose case is transferred to the regular criminal docket under this section, or any part of such records, shall be available to the victim of the crime committed by the child to the same extent as the records of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior Court is available to a victim of the crime committed by such defendant.
(2) If a case is transferred to the regular criminal docket pursuant to subdivision (3) of subsection (a) of this section or subsection (b) of this section, or if a case is transferred to theregular criminal docket pursuant to subdivision (1) of subsection (a) of this section and the charge in such case is subsequently reduced to that of the commission of an offense for which a case may be transferred pursuant to subdivision (2) or (3) of subsection (a) of this section or subsection (b) of this section, the court sitting for the regular criminal docket may return the case to the docket sHB6505 / File No.
(2) If a case is transferred to the regular criminal docket pursuant to subdivision (3) of subsection (a) of this section or subsection (b) of this section, or if a case is transferred to theregular criminal docket pursuant to subdivision (1) of subsection (a) of this section and the charge in such case is subsequently reduced to that of the commission of an offense for which a case may be transferred pursuant to subdivision (2) or (3) of subsection (a) of this section or subsection (b) of this section, the court sitting for the regular criminal docket may return the case to the docket for juvenile matters at any time prior to the court or jury rendering a verdict or the entry of a guilty plea for good cause shown for proceedings in accordance with the provisions of this chapter.
726 sHB6505 File No.
726 for juvenile matters at any time prior to the court or jury rendering a verdict or the entry of a guilty plea for good cause shown for proceedings in accordance with the provisions of this chapter.
The administrator of the [detention] residential center shall make reasonable efforts to inform the child's parents or guardian prior to taking such action, and in all cases shall send notice to the parents or guardian by letter to their last-known address informing them of the actions taken and of the outcome, provided failure to notify shall not affect the validity of the authorization.
The administrator of the [detention] residential center shall make reasonable efforts to inform the child's parents or guardian prior to taking such action, and in all cases shall send notice to the parents or guardian by letter to their last-known address informing them of the Public Act No.
21-104 55 of 113 Substitute House Bill No.
6505 actions taken and of the outcome, provided failure to notify shall not affect the validity of the authorization.
(b) Whenever a child is brought before a judge of the Superior Court, sHB6505 / File No.
(b) Whenever a child is brought before a judge of the Superior Court, which court shall be the court that has jurisdiction over juvenile matters where the child resides if the residence of such child can be determined, such judge shall immediately have the case proceeded upon as a juvenile matter.
726 sHB6505 File No.
726 which court shall be the court that has jurisdiction over juvenile matters where the child resides if the residence of such child can be determined, such judge shall immediately have the case proceeded upon as a juvenile matter.
(c) Upon the arrest of any child by an officer, such officer may (1) release the child to the custody of the child's parent or parents, guardian or some other suitable person or agency, (2) at the discretion of the officer, release the child to the child's own custody, or (3) seek a court order to detain the child in a juvenile [detention] residential center.
(c) Upon the arrest of any child by an officer, such officer may (1) release the child to the custody of the child's parent or parents, guardian Public Act No.
No child may be placed in [detention] a juvenile residential center unless a judgeoftheSuperiorCourtdetermines,basedon theavailablefacts,that (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no appropriate less restrictive alternative available, and (C) there is (i) probable cause to believe that the level of risk that the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, (ii) a need to hold the child in order to ensure the child's appearance before the court or compliance with court process, as demonstrated by the child's previous failure to respond to the court process, or (iii) a need to hold the child for another jurisdiction.
21-104 56 of 113 Substitute House Bill No.
6505 or some other suitable person or agency, (2) at the discretion of the officer, release the child to the child's own custody, or (3) seek a court order to detain the child in a juvenile [detention] residential center.
No child may be placed in [detention] a juvenile residential center unless a judgeoftheSuperiorCourtdetermines,basedontheavailablefacts,that (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no appropriate less restrictive alternative available, and (C) there is (i) probable cause to believe that the level of risk that the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, (ii) a need to hold the child in order to ensure the child's appearance before the court or compliance with court process, as demonstrated by the child's previous failure to respond to the court process, or (iii) a need to hold the child for another jurisdiction.
If such child is released to the child's own custody, the officer shall make reasonable efforts to notify, sHB6505 / File No.
If such child is released to the child's own custody, the officer shall make reasonable efforts to notify, and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons.
726 sHB6505 File No.
726 and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons.
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.
The court may punish for contempt, as provided in section 46b-121, Public Act No.
21-104 57 of 113 Substitute House Bill No.
6505 any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified.
The court may, in its discretion, considerasanalternativetodetentionasuspendeddetentionorderwith graduated sanctions to be imposed based on the detention risk sHB6505 / File No.
The court may, in its discretion, considerasanalternativetodetentionasuspendeddetentionorderwith graduated sanctions to be imposed based on the detention risk screening for such child, using the instrument developed pursuant to section46b-133g.
726 sHB6505 File No.
Any childconfined inacommunity correctionalcenter or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement or held for a period that exceeds six hours.
726 screening for such child, using the instrument developed pursuant to section46b-133g.
Any childconfinedinacommunity correctionalcenter or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement or held for a period that exceeds six hours.
(f) 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] juvenile residential center a signed statement setting forth the alleged delinquent conduct of the child and the order to detain such child.
Public Act No.
21-104 58 of 113 Substitute House Bill No.
6505 (f) 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] juvenile residential center a signed statement setting forth the alleged delinquent conduct of the child and the order to detain such child.
(1) Is the subject of an order to detain or an outstanding court order to take such child into custody, (2) is ordered by a court to be held in detention, or (3) is sHB6505 / File No.
(1) Is the subject of an order to detain or an outstanding court order to take such child into custody, (2) is ordered by a court to be held in detention, or (3) is being transferred to such center to await a court appearance.
726 sHB6505 File No.
(i) Whenever a child is subject to a court order to take such child into custody, or other process issued pursuant to this section or section 46b- 140a, as amended by this act, the Judicial Branch may cause the order or process to be entered into a central computer system in accordance with Public Act No.
726 being transferred to such center to await a court appearance.
21-104 59 of 113 Substitute House Bill No.
(i) Whenever a child is subject to a court order to take such child into custody, or other process issued pursuant to this section or section 46b- 140a, as amended by this act, the Judicial Branch may cause the order or process to be entered into a central computer system in accordance with policies and procedures established by the Chief Court Administrator.
6505 policies and procedures established by the Chief Court Administrator.
(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 sHB6505 / File No.
(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 Public Act No.
726 sHB6505 File No.
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726 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.
6505 served upon the child.
sHB6505 / File No.
Sec.
726 sHB6505 File No.
726 Sec.
Subsection (a) of section 46b-148 of the general statutes is repealedandthefollowingissubstitutedinlieuthereof(EffectiveJanuary 1, 2022):
Subsection (a) of section 46b-148 of the general statutes is Public Act No.
21-104 61 of 113 Substitute House Bill No.
6505 repealedandthefollowingissubstitutedinlieuthereof(EffectiveJanuary 1, 2022):
(B) The court or family support magistrate shall order the defendant to pay such sum to the complainant, or, if a town or the state has paid suchexpense, to thetownor thestate,asthecase may be,andshallgrant sHB6505 / File No.
(B) The court or family support magistrate shall order the defendant to pay such sum to the complainant, or, if a town or the state has paid Public Act No.
726 sHB6505 File No.
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726 execution for the same and costs of suit taxed as in other civil actions, togetherwithareasonableattorney'sfee,andmayrequirethedefendant to become bound with sufficient surety to perform such orders for support and maintenance.
6505 suchexpense, to thetownor thestate,asthecase may be,andshallgrant execution for the same and costs of suit taxed as in other civil actions, togetherwithareasonableattorney'sfee,andmayrequirethedefendant to become bound with sufficient surety to perform such orders for support and maintenance.
(B) The provision for health care coverage may include an order for either parent to:
(B) The provision for health care coverage may include an order for Public Act No.
21-104 63 of 113 Substitute House Bill No.
6505 either parent to:
sHB6505 / File No.
An order under this subparagraph shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as described in subparagraph (D) of this subdivision.
726 sHB6505 File No.
726 An order under this subparagraph shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as described in subparagraph (D) of this subdivision.
(E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental sHB6505 / File No.
(E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by Public Act No.
726 sHB6505 File No.
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726 expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified (I) specifically on the record, or (II) in an affidavit, made under oath, that also states that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, betweenthepartiesisineffectorpendingbeforethecourt.Cashmedical support, as described in clauses (i) and (ii) of this subparagraph, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision.
6505 a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified (I) specifically on the record, or (II) in an affidavit, made under oath, that also states that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, betweenthepartiesisineffectorpendingbeforethecourt.Cashmedical support, as described in clauses (i) and (ii) of this subparagraph, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision.
(3)The courtorfamilysupportmagistratemayalsomakeandenforce ordersfor thepaymentby any personnamedhereinofpast-due support for which the defendant is liable in accordance with the provisions of section 17a-90 or 17b-81, subsection (b) of section 17b-179 or section 17b- 223, 46b-129 or 46b-130 and, in IV-D cases, order such person, provided such person is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program sHB6505 / File No.
Public Act No.
726 sHB6505 File No.
21-104 65 of 113 Substitute House Bill No.
726 established by the Labor Commissioner pursuant to section 31-3t.
6505 (3)The courtorfamilysupportmagistratemayalsomakeandenforce ordersfor thepaymentby any personnamedhereinofpast-due support for which the defendant is liable in accordance with the provisions of section 17a-90 or 17b-81, subsection (b) of section 17b-179 or section 17b- 223, 46b-129 or 46b-130 and, in IV-D cases, order such person, provided such person is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t.
(5) Any support order made under this section may at any time thereafter be set aside, altered or modified by any court issuing such order upon a showing of a substantial change in the circumstances of the defendant or the mother of such child or upon a showing that such order substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record at a hearing, or in a written judgment, order or memorandum of decision of the court, that the application of the guidelines would be inequitable or inappropriate.
(5) Any support order made under this section may at any time thereafter be set aside, altered or modified by any court issuing such order upon a showing of a substantial change in the circumstances of the defendant or the mother of such child or upon a showing that such order substantially deviates from the child support guidelines Public Act No.
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6505 established pursuant to section 46b-215a, unless there was a specific finding on the record at a hearing, or in a written judgment, order or memorandum of decision of the court, that the application of the guidelines would be inequitable or inappropriate.
No such support orders may be subject to retroactive modification, except that the court may order modification with respect to any period during sHB6505 / File No.
No such support orders may be subject to retroactive modification, except that the court may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of the notice of such pending motion upon the opposing party pursuant to section 52-50.
726 sHB6505 File No.
726 which there is a pending motion for a modification of an existing support order from the date of service of the notice of such pending motion upon the opposing party pursuant to section 52-50.
(2) Any such support order in a IV-D support case shall include a provision for the health care coverage of the child.
Public Act No.
21-104 67 of 113 Substitute House Bill No.
6505 (2) Any such support order in a IV-D support case shall include a provision for the health care coverage of the child.
sHB6505 / File No.
(B) The provision for health care coverage may include an order for either parent to:
726 sHB6505 File No.
726 (B) The provision for health care coverage may include an order for either parent to:
(i) The parent obligated to maintain such coverage would qualify as a low- income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income;
(i) The parent obligated to maintain such coverage would qualify as a low- Public Act No.
21-104 68 of 113 Substitute House Bill No.
6505 income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income;
(E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as sHB6505 / File No.
(E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified (I) specifically on the record, or (II) in an affidavit, made under oath, that also states that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, betweenthepartiesisineffectorpendingbeforethecourt.Cashmedical support, as described in clauses (i) and (ii) of this subparagraph, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision.
726 sHB6505 File No.
An Public Act No.
726 provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified (I) specifically on the record, or (II) in an affidavit, made under oath, that also states that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, betweenthepartiesisineffectorpendingbeforethecourt.Cashmedical support, as described in clauses (i) and (ii) of this subparagraph, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision.
21-104 69 of 113 Substitute House Bill No.
An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under clause (i) of this subparagraph shall be effective only as long as health insurance coverage is maintained.
6505 order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under clause (i) of this subparagraph shall be effective only as long as health insurance coverage is maintained.
(3) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition, with summons and order, of the husband or wife, child or any relative or the conservator, guardian or support enforcement officer, sHB6505 / File No.
(3) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition, with summons and order, of the husband or wife, child or any relative or the conservator, guardian or support enforcement officer, town or state, or any selectmen or the public official charged with the administrationofpublicassistanceofthetown,orinIV-Dsupportcases, as defined in subdivision (13) of subsection (b) of section 46b-231, the Commissioner of Social Services.
726 sHB6505 File No.
726 town or state, or any selectmen or the public official charged with the administrationofpublicassistanceofthetown,orinIV-Dsupportcases, as defined in subdivision (13) of subsection (b) of section 46b-231, the Commissioner of Social Services.
(5) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any person, or payee of Social Security or other benefits to which such person is entitled, to the extent of the income or estate held by such fiduciary or payee in any such capacity.
Public Act No.
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6505 (5) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any person, or payee of Social Security or other benefits to which such person is entitled, to the extent of the income or estate held by such fiduciary or payee in any such capacity.
(B) In the determination of support due based on neglect or refusal to furnish support prior to the action, the support due for periods of time prior to the action shall be based upon the obligor's ability to pay during sHB6505 / File No.
(B) In the determination of support due based on neglect or refusal to furnish support prior to the action, the support due for periods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods, as determined in accordance with the child support guidelines established pursuant to section 46b-215a.
726 sHB6505 File No.
726 such prior periods, as determined in accordance with the child support guidelines established pursuant to section 46b-215a.
If current ability to pay is not known, the court shall determine the past ability to pay based on the obligor's work history, if known, or if not known, on the state minimum wage that was in effect during such periods, provided only actual earnings shall be used to determine ability to pay for past periods during which the obligor was a full-time high school student or was incarcerated, institutionalized or incapacitated.
If current ability to pay is not known, the court shall determine the past ability to pay based on the obligor's work history, if known, or if not known, on the state minimum wage that was in effect during such periods, provided only actual earnings shall be used to determine ability to pay for past periods during which the obligor was a full-time high school student or was Public Act No.
21-104 71 of 113 Substitute House Bill No.
6505 incarcerated, institutionalized or incapacitated.
(8) (A) The judge or family support magistrate shall cause a summons, signed by such judge or magistrate, by the clerk of said court or Family Support Magistrate Division, or by a commissioner of the Superior Court to be issued requiring such liable person or persons to sHB6505 / File No.
(8) (A) The judge or family support magistrate shall cause a summons, signed by such judge or magistrate, by the clerk of said court or Family Support Magistrate Division, or by a commissioner of the Superior Court to be issued requiring such liable person or persons to appear in court or before a family support magistrate, at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons.
726 sHB6505 File No.
726 appear in court or before a family support magistrate, at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons.
Upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for hearing upon such petition, the failure of the defendant or defendants to appear shall not prohibit the court or family support magistrate from going forward with the hearing.
Upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for Public Act No.
21-104 72 of 113 Substitute House Bill No.
6505 hearing upon such petition, the failure of the defendant or defendants to appear shall not prohibit the court or family support magistrate from going forward with the hearing.
(C) The court, or any judge thereof, or family support magistrate when said court or family support magistrate is not sitting, may require the defendant or defendants to become bound, with sufficient surety, to the state, town or person bringing the complaint, to abide such sHB6505 / File No.
(C) The court, or any judge thereof, or family support magistrate when said court or family support magistrate is not sitting, may require the defendant or defendants to become bound, with sufficient surety, to the state, town or person bringing the complaint, to abide such judgment as may be rendered on such complaint.
726 sHB6505 File No.
726 judgment as may be rendered on such complaint.
Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant or defendants to obey such court order or order of the family support magistrate, the court or family support magistrate may order a capias mittimus be issued and directed to a judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest such defendant or defendants and bring such defendant or defendants before the Superior Court for the contempt hearing.
Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the Public Act No.
21-104 73 of 113 Substitute House Bill No.
6505 time and place named for a hearing upon the failure of the defendant or defendants to obey such court order or order of the family support magistrate, the court or family support magistrate may order a capias mittimus be issued and directed to a judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest such defendant or defendants and bring such defendant or defendants before the Superior Court for the contempt hearing.
(B) suspend any professional, occupational, recreational, commercial driver's or motor vehicle operator's license as provided in subsections (b) to (e), inclusive, of section46b-220,providedsuch failurewaswithoutgoodcause;(C)issue an income withholding order against such amount of any debt accruing by reason of personal services as provided by sections 52-362, as amended by this act, 52-362b and 52-362c;
(B) suspend any professional, occupational, recreational, commercial driver's or motor vehicle operator's license as provided in subsections (b) to (e), inclusive, of section46b-220,providedsuchfailurewaswithoutgoodcause;(C)issue an income withholding order against such amount of any debt accruing by reason of personal services as provided by sections 52-362, as amended by this act, 52-362b and 52-362c;
and (D) order executions against any real, personal, or other property of such person which cannot be categorized solely as either, for payment of accrued and sHB6505 / File No.
and (D) order executions against any real, personal, or other property of such person which cannot be categorized solely as either, for payment of accrued and unpaid amounts due under such order.
726 sHB6505 File No.
(10)No entry fee,judgment feeor any other court feeshallbecharged by the court or the family support magistrate to either party in Public Act No.
726 unpaid amounts due under such order.
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(10)No entry fee,judgment feeor any other court feeshallbecharged by the court or the family support magistrate to either party in proceedings under this section.
6505 proceedings under this section.
(d) No order for support made by the court or a family support sHB6505 / File No.
(d) No order for support made by the court or a family support magistrate shall be stayed by an appeal but such order shall continue in Public Act No.
726 sHB6505 File No.
21-104 75 of 113 Substitute House Bill No.
726 magistrate shall be stayed by an appeal but such order shall continue in effect until a determination is made thereon upon such appeal;
6505 effect until a determination is made thereon upon such appeal;
In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the sHB6505 / File No.
In any hearing to modify any support order from another Public Act No.
726 sHB6505 File No.
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726 proceedings in accordance with sections 46b-384 to 46b-387, inclusive.
6505 jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with sections 46b-384 to 46b-387, inclusive.
Subsection (m) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Subsection (m) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from Public Act No.
(m) The Chief Family Support Magistrate and the family support magistrates shall have the powers and duties enumerated in this sHB6505 / File No.
21-104 77 of 113 Substitute House Bill No.
726 sHB6505 File No.
6505 passage):
726 subsection.
(m) The Chief Family Support Magistrate and the family support magistrates shall have the powers and duties enumerated in this subsection.
(2) (A) Family support magistrates shall hear and determine matters involving child and spousal support in IV-D support cases including petitions for support brought pursuant to sections 17b-81, 17b-179, 17b- 745, as amended by this act, and 46b-215, as amended by this act, applications for show cause orders in IV-D support cases brought pursuant to subsection (b) of section 46b-172, and actions for interstate enforcement of child and spousal support and paternity under sections 46b-301 to 46b-425, inclusive, and shall hear and determine all motions for modifications of child and spousal support in such cases.
(2) (A) Family support magistrates shall hear and determine matters involving child and spousal support in IV-D support cases including petitions for support brought pursuant to sections 17b-81, 17b-179, 17b- 745, as amended by this act, and 46b-215, as amended by this act, applications for show cause orders in IV-D support cases brought Public Act No.
(B) In all IV-D support cases, family support magistrates shall have sHB6505 / File No.
21-104 78 of 113 Substitute House Bill No.
726 sHB6505 File No.
6505 pursuant to subsection (b) of section 46b-172, and actions for interstate enforcement of child and spousal support and paternity under sections 46b-301 to 46b-425, inclusive, and shall hear and determine all motions for modifications of child and spousal support in such cases.
726 the authority to order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated to participate inwork activitieswhichmay include,but shallnot belimited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t.
(B) In all IV-D support cases, family support magistrates shall have the authority to order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated to participate inwork activitieswhichmay include,but shallnot belimited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t.
(4) Motions for modification of existing child and spousal support orders entered by the Superior Court in IV-D support cases, including motions to modify existing child and spousal support orders entered in actions brought pursuant to chapter 815j, shall be brought in the Family Support Magistrate Division and decided by a family support magistrate.
(4) Motions for modification of existing child and spousal support Public Act No.
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6505 orders entered by the Superior Court in IV-D support cases, including motions to modify existing child and spousal support orders entered in actions brought pursuant to chapter 815j, shall be brought in the Family Support Magistrate Division and decided by a family support magistrate.
A person who is aggrieved by a sHB6505 / File No.
A person who is aggrieved by a decision of a family support magistrate modifying a Superior Court order is entitled to appeal such decision in accordance with the provisions of subsection (n) of this section.
726 sHB6505 File No.
726 decision of a family support magistrate modifying a Superior Court order is entitled to appeal such decision in accordance with the provisions of subsection (n) of this section.
Family support magistrates, in IV-D support cases, may order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t.
Public Act No.
21-104 80 of 113 Substitute House Bill No.
6505 Family support magistrates, in IV-D support cases, may order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t.
Family support sHB6505 / File No.
Family support magistrates may require the obligor to furnish recognizance to the state of Connecticut in the form of a cash deposit or bond of such character and in such amount as the Family Support Magistrate Division deems proper to assure appearance at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending.
726 sHB6505 File No.
726 magistrates may require the obligor to furnish recognizance to the state of Connecticut in the form of a cash deposit or bond of such character and in such amount as the Family Support Magistrate Division deems proper to assure appearance at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending.
A family support magistrate may determine whether or not an obligor is in contempt of the order of the Superior Court or of a family support magistrate and may make such orders as are provided by law to enforce a support obligation, except that if the family support magistrate determines that incarceration of an obligor for failure to obey a support order may be indicated, the family support magistrate shall inform the obligor of his right to be represented by an attorney and his right to a court-appointedattorney torepresent himifhe isindigent.
A family support magistrate may determine whether or not an obligor is in contempt of the order of the Superior Court or of a family support magistrate and may make such orders as are provided by law to enforce Public Act No.
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6505 a support obligation, except that if the family support magistrate determines that incarceration of an obligor for failure to obey a support order may be indicated, the family support magistrate shall inform the obligor of his right to be represented by an attorney and his right to a court-appointedattorney torepresent himifhe isindigent.
(8) Agreements between parties as to custody and visitation of minor sHB6505 / File No.
(8) Agreements between parties as to custody and visitation of minor children in IV-D support cases may be filed with the assistant clerk of the Family Support Magistrate Division.
726 sHB6505 File No.
726 children in IV-D support cases may be filed with the assistant clerk of the Family Support Magistrate Division.
The inquiry requiredpursuant to this subdivision may take place on the record at a hearing, or may be made on the basis of an affidavit from each party, made under oath, stating that (A) each party has the financial resources and other facts satisfying any requirement of the inquiry in question, and (B) that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
The inquiry requiredpursuant to this subdivision may take place on the record at a hearing, or may be made on the basis of an affidavit from each party, made under oath, stating that (A) each party has the financial resources and other facts satisfying any requirement of the inquiry in question, and (B) that no restraining order Public Act No.
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6505 issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court.
Upon sHB6505 / File No.
Upon failure of such obligor to comply with such support order, the family support magistrate may order the bond or the security forfeited and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.
726 sHB6505 File No.
726 failure of such obligor to comply with such support order, the family support magistrate may order the bond or the security forfeited and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.
[(13)] (14) Family support magistrates may issue writs of habeas corpus ad testificandum in IV-D support cases for persons in the custody of the Commissioner of Correction.
Public Act No.
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6505 [(13)] (14) Family support magistrates may issue writs of habeas corpus ad testificandum in IV-D support cases for persons in the custody of the Commissioner of Correction.
(iii) that a sHB6505 / File No.
(iii) that a diligent search failed to identify any other income or assets that could be used to satisfy the child support order;
726 sHB6505 File No.
(iv) that support enforcement services provided notice to the custodial party in accordance with section 52-57 or by certified mail, return receipt requested, of the proposed modification, that the custodial party had the right to object to the proposed modification, and that support enforcement services must receive any objection to the proposed modification not later than fifteencalendardaysafterthedatethatthecustodialpartyreceivedsuch notice;
726 diligent search failed to identify any other income or assets that could be used to satisfy the child support order;
(iv) that support enforcement services provided notice to the custodial party in accordance with section 52-57 or by certified mail, return receipt requested, of the proposed modification, that the custodial party had the right to object to the proposed modification, and that support enforcement services must receive any objection to the proposed modification not later than fifteencalendardaysafterthedatethatthecustodialpartyreceived such notice;
Sec.
Public Act No.
21-104 84 of 113 Substitute House Bill No.
6505 Sec.
[Subject to the provisions of subsection (b) of this section, such] Such rules shall become effective on such date as the judges specify but not in any event until sixty days after such promulgation, except that such rules may become effective prior to the expiration of the sixty-day time period if the judges deem that circumstances require that a new rule or a change sHB6505 / File No.
[Subject to the provisions of subsection (b) of this section, such] Such rules shall become effective on such date as the judges specify but not in any event until sixty days after such promulgation, except that such rules may become effective prior to the expiration of the sixty-day time period if the judges deem that circumstances require that a new rule or a change to an existing rule be adopted expeditiously.
726 sHB6505 File No.
726 to an existing rule be adopted expeditiously.
Any rule or any part thereof disapproved by the General Assembly by resolution shall be void and of no effect and a copy of such resolution shall thereafter be published once in the Connecticut Law Journal.
Any rule or any part thereof disapproved by Public Act No.
21-104 85 of 113 Substitute House Bill No.
6505 the General Assembly by resolution shall be void and of no effect and a copy of such resolution shall thereafter be published once in the Connecticut Law Journal.
(a) Except as provided in subsection (d) of this section, the Judicial sHB6505 / File No.
(a) Except as provided in subsection (d) of this section, the Judicial Review Council shall investigate every written complaint brought before it alleging conduct under section 51-51i, and may initiate an investigation of any judge, compensation commissioner or family support magistrate if (1) the council has reason to believe conduct under section 51-51i has occurred or (2) previous complaints indicate a pattern of behavior which would lead to a reasonable belief that conduct under section 51-51i has occurred.
726 sHB6505 File No.
The council shall, not later than five days after such initiation of an investigation or receipt of such complaint, notify by registered or certified mail any judge, compensation Public Act No.
726 Review Council shall investigate every written complaint brought before it alleging conduct under section 51-51i, and may initiate an investigation of any judge, compensation commissioner or family support magistrate if (1) the council has reason to believe conduct under section 51-51i has occurred or (2) previous complaints indicate a pattern of behavior which would lead to a reasonable belief that conduct under section 51-51i has occurred.
21-104 86 of 113 Substitute House Bill No.
The council shall, not later than five days after such initiation of an investigation or receipt of such complaint, notify by registered or certified mail any judge, compensation commissioner or family support magistrate under investigation or against whom such complaint is filed.
6505 commissioner or family support magistrate under investigation or against whom such complaint is filed.
sHB6505 / File No.
Sec.
726 sHB6505 File No.
726 Sec.
(a) Any person may be compelled, by subpoena signed by competent authority, to appear before the Supreme Court or Judicial Review Council to testify in relation to any complaint brought to or by the court or council against a judge, compensation commissioner or family support magistrate for conduct alleged in section 51-51i, [or] in relation to any matter referred to the council by the Chief Court Administrator pursuant to section51-45b,or inrelationto any matter beforethecouncil pursuant to section 51-49, and may be compelled, by subpoena signed by competent authority, to produce before the court or council, for examination, any books or papers which in the judgment of the court or council or any judges, compensation commissioners or family support magistrates under investigation are relevant to the inquiry or investigation.
(a) Any person may be compelled, by subpoena signed by competent authority, to appear before the Supreme Court or Judicial Review Public Act No.
21-104 87 of 113 Substitute House Bill No.
6505 Council to testify in relation to any complaint brought to or by the court or council against a judge, compensation commissioner or family support magistrate for conduct alleged in section 51-51i, [or] in relation to any matter referred to the council by the Chief Court Administrator pursuant to section51-45b,or inrelationto any matter beforethecouncil pursuant to section 51-49, and may be compelled, by subpoena signed by competent authority, to produce before the court or council, for examination, any books or papers which in the judgment of the court or council or any judges, compensation commissioners or family support magistrates under investigation are relevant to the inquiry or investigation.
sHB6505 / File No.
(4) "Transcript" means the official written record of a proceeding, or any part thereof, including, but not limitedto, testimony and arguments of counsel, produced in the Superior, Appellate or Supreme Court, by Public Act No.
726 sHB6505 File No.
21-104 88 of 113 Substitute House Bill No.
726 (4) "Transcript" means the official written record of a proceeding, or any part thereof, including, but not limitedto, testimony and arguments of counsel, produced in the Superior, Appellate or Supreme Court, by an official court reporter, [or] a court recording monitor or any other entity designated by the Chief Court Administrator;
6505 an official court reporter, [or] a court recording monitor or any other entity designated by the Chief Court Administrator;
Subsection (a) of section 52-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from sHB6505 / File No.
Subsection (a) of section 52-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
726 sHB6505 File No.
Public Act No.
726 passage):
21-104 89 of 113 Substitute House Bill No.
(a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which [it was rendered or passed] the notice of judgment or decree was sent, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written motion of any party or person prejudiced thereby, showing reasonable cause, or that a good cause of action or defense in whole or in part existed at the time of the rendition of the judgment or the passage of the decree, and that the plaintiff or defendant was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense.
6505 (a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which [it was rendered or passed] the notice of judgment or decree was sent, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written motion of any party or person prejudiced thereby, showing reasonable cause, or that a good cause of action or defense in whole or in part existed at the time of the rendition of the judgment or the passage of the decree, and that the plaintiff or defendant was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense.
(d) Except as provided in section 52-367b, as amended by this act, a sHB6505 / File No.
Public Act No.
726 sHB6505 File No.
21-104 90 of 113 Substitute House Bill No.
726 judgment debtor may claim an exemption as to property or earnings sought to be levied on, or may seek a modification of a wage execution, in a supplemental proceeding to theoriginal action by returnof a signed exemption claim form, indicating the property or earnings claimed to be exempt or the nature of the claim for modification being made, the class of any exemption claimed, and the name and address of any employer, or other person holding such property or earnings, to the Superior Court.
6505 (d) Except as provided in section 52-367b, as amended by this act, a judgment debtor may claim an exemption as to property or earnings sought to be levied on, or may seek a modification of a wage execution, in a supplemental proceeding to theoriginal action by returnof a signed exemption claim form, indicating the property or earnings claimed to be exempt or the nature of the claim for modification being made, the class of any exemption claimed, and the name and address of any employer, or other person holding such property or earnings, to the Superior Court.
The court or family support magistrate shall promptly hear and determine the claim or motion and notify the obligor within forty-five days from the date of the notice required under subsection (c) of this section of its determination.
The court Public Act No.
Unless the obligor successfully shows cause why the sHB6505 / File No.
21-104 91 of 113 Substitute House Bill No.
726 sHB6505 File No.
6505 or family support magistrate shall promptly hear and determine the claim or motion and notify the obligor within forty-five days from the date of the notice required under subsection (c) of this section of its determination.
726 withholding order should not continue in effect, the court or family support magistrate shall order that the outstanding withholding order continue in effect against the nonexempt income of the obligor to the extent provided under subsection (e) of this section.
Unless the obligor successfully shows cause why the withholding order should not continue in effect, the court or family support magistrate shall order that the outstanding withholding order continue in effect against the nonexempt income of the obligor to the extent provided under subsection (e) of this section.
(2) Upon receipt of notice from the financial institution pursuant to subsection (c) of this section, a judgment creditor may, on an ex parte basis, present to a judge of the Superior Court an affidavit sworn under oath by a competent party demonstrating a reasonable belief that such judgment debtor's account contains funds which are not exempt from executionandtheamount ofsuchnonexempt funds.
(2) Upon receipt of notice from the financial institution pursuant to subsection (c) of this section, a judgment creditor may, on an ex parte basis, present to a judge of the Superior Court an affidavit sworn under Public Act No.
Suchaffidavit shall not be conclusory but is required to show the factual basis upon which the reasonable belief is based.
21-104 92 of 113 Substitute House Bill No.
If such judge finds that the judgment creditor has demonstrated a reasonable belief that such judgment sHB6505 / File No.
6505 oath by a competent party demonstrating a reasonable belief that such judgment debtor's account contains funds which are not exempt from executionandtheamount ofsuchnonexempt funds.Suchaffidavit shall not be conclusory but is required to show the factual basis upon which the reasonable belief is based.
726 sHB6505 File No.
If such judge finds that the judgment creditor has demonstrated a reasonable belief that such judgment debtor's account contains funds which are not exempt from execution, such judge shall authorize the judgment creditor to submit a written application to the clerk of the court for a hearing on the exempt status of funds left in the judgment debtor's account pursuant to subsection (c) of this section.
726 debtor's account contains funds which are not exempt from execution, such judge shall authorize the judgment creditor to submit a written application to the clerk of the court for a hearing on the exempt status of funds left in the judgment debtor's account pursuant to subsection (c) of this section.
(b) The records of any such youth, or any part thereof, may be disclosed to and between individuals and agencies, and employees of such agencies, providing services directly to the youth, including law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials, the Division of Criminal Justice, the Court Support Services Division and a victim advocate under section 54-220 for a victim of a crime committed by the youth.
(b) The records of any such youth, or any part thereof, may be disclosed to and between individuals and agencies, and employees of such agencies, providing services directly to the youth, including law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials, the Division Public Act No.
21-104 93 of 113 Substitute House Bill No.
6505 of Criminal Justice, the Court Support Services Division and a victim advocate under section 54-220 for a victim of a crime committed by the youth.
Such records shall also be sHB6505 / File No.
Such records shall also be available to members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance oftheir duties, require access to such records, providedthe subject of the record has been adjudged a youthful offender and sentenced to a term of imprisonment or been convicted of a crime in the regular criminal docket of the Superior Court, and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release.
726 sHB6505 File No.
726 available to members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance oftheir duties, require access to such records, providedthe subject of the record has been adjudged a youthful offender and sentenced to a term of imprisonment or been convicted of a crime in the regular criminal docket of the Superior Court, and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release.
(a) The Court Support Services Division of the Judicial Branch may issue a certificate of rehabilitation to an eligible offender who is under the supervision of the division while on probation or other supervised release, or may issue a new certificate of rehabilitation to enlarge the relief previously granted under such certificate of rehabilitation or revoke any such certificate of rehabilitation in accordance with the provisions of section 54-130e, as amended by this act, that are applicable to certificates of rehabilitation.
(a) The Court Support Services Division of the Judicial Branch may issue a certificate of rehabilitation to an eligible offender who is under Public Act No.
21-104 94 of 113 Substitute House Bill No.
6505 the supervision of the division while on probation or other supervised release, or may issue a new certificate of rehabilitation to enlarge the relief previously granted under such certificate of rehabilitation or revoke any such certificate of rehabilitation in accordance with the provisions of section 54-130e, as amended by this act, that are applicable to certificates of rehabilitation.
Nothing in section 54-130e, as amended by this act, shall require the division to continue monitoring the criminal activity of any person to whom the division has issued a certificate of rehabilitation but sHB6505 / File No.
Nothing in section 54-130e, as amended by this act, shall require the division to continue monitoring the criminal activity of any person to whom the division has issued a certificate of rehabilitation but who is no longer under the supervision of the division.
726 sHB6505 File No.
726 who is no longer under the supervision of the division.
(3) "Certificate of rehabilitation" means a form of relief from barriers or forfeitures to employment or the issuance of licenses, other than a provisional pardon, that is granted to an eligible offender by (A) the Board of Pardons and Paroles pursuant to this section, or (B) the Court Support Services Division of the Judicial Branch pursuant to section 54- 108f, as amended by this act;
(3) "Certificate of rehabilitation" means a form of relief from barriers or forfeitures to employment or the issuance of licenses, other than a provisional pardon, that is granted to an eligible offender by (A) the Board of Pardons and Paroles pursuant to this section, or (B) the Court Public Act No.
21-104 95 of 113 Substitute House Bill No.
6505 Support Services Division of the Judicial Branch pursuant to section 54- 108f, as amended by this act;
(6) "Forfeiture" means a disqualification or ineligibility for sHB6505 / File No.
(6) "Forfeiture" means a disqualification or ineligibility for employment or a license by reason of law based on an eligible offender's conviction of a crime;
726 sHB6505 File No.
726 employment or a license by reason of law based on an eligible offender's conviction of a crime;
Such provisional pardon or certificate of rehabilitation may belimited to oneor more enumeratedbarriersor forfeituresor may relieve the eligible offender of all barriers and forfeitures.
Such provisional pardon or certificate of rehabilitation may belimited to oneor more enumeratedbarriersor forfeituresor may Public Act No.
21-104 96 of 113 Substitute House Bill No.
6505 relieve the eligible offender of all barriers and forfeitures.
(d) The board shall not issue a provisional pardon or a certificate of sHB6505 / File No.
(d) The board shall not issue a provisional pardon or a certificate of rehabilitation unless the board is satisfied that:
726 sHB6505 File No.
726 rehabilitation unless the board is satisfied that:
(f) The board may, for the purpose of determining whether such provisional pardon or certificate of rehabilitation should be issued, request its staff to conduct an investigation of the applicant and submit to the board a report of the investigation.
Public Act No.
21-104 97 of 113 Substitute House Bill No.
6505 (f) The board may, for the purpose of determining whether such provisional pardon or certificate of rehabilitation should be issued, request its staff to conduct an investigation of the applicant and submit to the board a report of the investigation.
During the period that such provisional pardon or certificate of rehabilitation is temporary, the board may revoke such provisional pardon or certificate of rehabilitation for a violation of the conditions of such eligible sHB6505 / File No.
During the period that such provisional pardon or certificate of rehabilitation is temporary, the board may revoke such provisional pardon or certificate of rehabilitation for a violation of the conditions of such eligible offender's probation, [or] parole or special parole.
726 sHB6505 File No.
726 offender's probation, [or] parole or special parole.
(i) The application for a provisional pardon or a certificate of rehabilitation, the report of an investigation conducted pursuant to subsection (f) of this section, the provisional pardon or the certificate of rehabilitation and the revocation of a provisional pardon or a certificate of rehabilitation shall be in such form and contain such information as the Board of Pardons and Paroles shall prescribe.
(i) The application for a provisional pardon or a certificate of rehabilitation, the report of an investigation conducted pursuant to subsection (f) of this section, the provisional pardon or the certificate of rehabilitation and the revocation of a provisional pardon or a certificate Public Act No.
21-104 98 of 113 Substitute House Bill No.
6505 of rehabilitation shall be in such form and contain such information as the Board of Pardons and Paroles shall prescribe.
sHB6505 / File No.
(l) Not later than October 1, 2015, and annually thereafter, the board shall submit to the Office of Policy and Management and the Connecticut Sentencing Commission, in such form as the office may prescribe, data on the number of applications received for provisional pardons and certificates of rehabilitation, the number of applications denied, the number of applications granted and the number of provisional pardons and certificates of rehabilitation revoked.
726 sHB6505 File No.
726 (l) Not later than October 1, 2015, and annually thereafter, the board shall submit to the Office of Policy and Management and the Connecticut Sentencing Commission, in such form as the office may prescribe, data on the number of applications received for provisional pardons and certificates of rehabilitation, the number of applications denied, the number of applications granted and the number of provisional pardons and certificates of rehabilitation revoked.
(a)The Office ofVictim Servicesor,onreview,avictimcompensation commissioner, may order the payment of compensation in accordance with the provisions of sections 54-201 to 54-218, inclusive, for personal injury or death which resulted from:
(a)The Office ofVictim Servicesor,onreview,avictimcompensation Public Act No.
21-104 99 of 113 Substitute House Bill No.
6505 commissioner, may order the payment of compensation in accordance with the provisions of sections 54-201 to 54-218, inclusive, for personal injury or death which resulted from:
In the absence of a conviction, the Office of Victim Services or, on review, a victim compensation commissioner, may order payment of compensation sHB6505 / File No.
In the absence of a conviction, the Office of Victim Services or, on review, a victim compensation commissioner, may order payment of compensation under this section if, upon consideration of all circumstances determined to be relevant, the office or commissioner, as the case may be, reasonably concludes that another person has operated a motor vehicle in violation of subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (3) of section 14-386a or section 15-132a, 15-140l, 15-140n, 53a-56b or 53a-60d.
726 sHB6505 File No.
(c) Except as provided in subsection (b) of this section, no act Public Act No.
726 under this section if, upon consideration of all circumstances determined to be relevant, the office or commissioner, as the case may be, reasonably concludes that another person has operated a motor vehicle in violation of subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (3) of section 14-386a or section 15-132a, 15-140l, 15-140n, 53a-56b or 53a-60d.
21-104 100 of 113 Substitute House Bill No.
(c) Except as provided in subsection (b) of this section, no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purposes of sections 54-201 to 54-218, inclusive, unlesstheinjurieswere intentionally inflictedthroughthe use of the vehicle.
6505 involving the operation of a motor vehicle which results in injury shall constitute a crime for the purposes of sections 54-201 to 54-218, inclusive, unlesstheinjurieswere intentionally inflictedthroughthe use of the vehicle.
or [(O)] (P) a school principal, a school teacher, a school guidance counselor or a school counselor, [and] or (2) sHB6505 / File No.
or [(O)] (P) a school principal, a school teacher, a school guidance counselor or a school counselor, [and] or (2) the personal injury is reported in an application for a restraining order under section 46b-15 or an application for a civil protection order under section 46b-16a, as amended by this act, or on the record to the court, provided such restraining order or civil protection order was granted in the Superior Court following a hearing, and (3) the office or commissioner, as the case may be, reasonably concludes that a violation Public Act No.
726 sHB6505 File No.
21-104 101 of 113 Substitute House Bill No.
726 the personal injury is reported in an application for a restraining order under section 46b-15 or an application for a civil protection order under section 46b-16a, as amended by this act, or on the record to the court, provided such restraining order or civil protection order was granted in the Superior Court following a hearing, and (3) the office or commissioner, as the case may be, reasonably concludes that a violation of any of said sections has occurred.
6505 of any of said sections has occurred.
(a) Any victim of a crime, any member of the immediate family of suchvictimoranymemberofaninmate'simmediatefamilywhodesires sHB6505 / File No.
(a) Any victim of a crime, any member of the immediate family of suchvictimoranymemberofaninmate'simmediatefamilywhodesires to be notified whenever an inmate makes an application to the Board of Pardons and Paroles, Department of Correction, sentencing court or judge or review division as provided in section 54-227, or whenever an inmate is scheduled to be released from a correctional institution other Public Act No.
726 sHB6505 File No.
21-104 102 of 113 Substitute House Bill No.
726 to be notified whenever an inmate makes an application to the Board of Pardons and Paroles, Department of Correction, sentencing court or judge or review division as provided in section 54-227, or whenever an inmate is scheduled to be released from a correctional institution other than on a furlough, may complete and file a request for notification with the Office of Victim Services or the Victim Services Unit within the Department of Correction.
6505 than on a furlough, may complete and file a request for notification with the Office of Victim Services or the Victim Services Unit within the Department of Correction.
Nothing in this section shall be construed to prohibit the Office of Victim Services, the Board of Pardons and Paroles and the Victim Services Unit within the Department of sHB6505 / File No.
Nothing in this section shall be construed to prohibit the Office of Victim Services, the Board of Pardons and Paroles and the Victim Services Unit within the Department of Correction from communicating with each other for the purpose of Public Act No.
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-104

  5. IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. ADOPTED HO. AMEND. SCH. A

  8. FILE NO. 726

  9. SENATE CALENDAR NUMBER 496

  10. FAV. RPT., TAB. FOR CAL., SEN.

  11. HOUSE PASSED, HOUSE AMEND. SCH. A

  12. HOUSE ADOPTED HOUSE AMEND. SCH. A

  13. FILE NO. 594

  14. HOUSE CALENDAR NUMBER 418

  15. FAV. RPT., TABLED FOR HOUSE CALENDAR

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/26/21

  18. FILED WITH LCO

  19. Joint Favorable Substitute

  20. PUBLIC HEARING 0315

  21. REF. TO JOINT COMM. ON Judiciary

Sponsors

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (185)

185 members have not signed on to this bill.

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Frequently asked questions

Who sponsors HB 6505?
HB 6505 is sponsored by Steven J. Stafstrom (Democratic) and Kenneth Gucker (Democratic).
What is the current status of HB 6505?
This bill has been enacted into law. Introduced February 24, 2021. Enacted.
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