March 13, 2014

Hot Report: Automatic Transfers of Juveniles from Juvenile to Criminal Court

OLR Report 2014-R-0094 answers the question: When must a juvenile be transferred from juvenile to criminal court?

In Connecticut, juvenile courts have jurisdiction over children under age 18.  The law requires the juvenile court to automatically transfer a child aged 14 through 17 to adult criminal court if he or she is charged with a capital felony committed prior to April 25, 2012, a class A or B felony, or arson murder (CGS § 46b-127).
The state's attorney may file a motion to return the matter back to juvenile court at any time if the child is charged with:
  1. a class B felony or
  2. 1st degree sexual assault, when it involves sexual intercourse with a victim under age 13 when the actor is more than two years older (but under age 18) (CGS § 53a-70(a)(2)).
For children charged with other felonies (class C, D, or E or unclassified felonies), the prosecutor has discretion to request a transfer to adult court.  The court can only order the transfer if (1) the child was at least age 14 at the time of the offense, (2) there is probable cause to believe that the child committed the alleged offense, and (3) the best interests of the child and public are not served by keeping the case in juvenile court.  The criminal court can return such a transferred case to juvenile court any time before a jury verdict or guilty plea (CGS § 46b-127).
For more information, read the full report.