(a) If the court grants a motion under subsection (a) of section
54-76c or if the court on its own motion determines that the defendant should be investigated under this section, and the defendant consents to physical and mental examinations, if deemed necessary, and to investigation and questioning, and to a trial without a jury, should a trial be had, the information or complaint shall be held in abeyance and no further action shall be taken in connection with such information or complaint until such examinations, investigation and questioning are had of the defendant. Investigations under this section shall be made by an adult probation officer. When the information or complaint charges commission of a felony, the adult probation officer shall include in the investigation a summary of any unerased juvenile record of adjudications of the defendant.
(b) Upon the termination of such examinations, investigation and questioning, the court, in its discretion based on the severity of the crime, which shall also take into consideration whether or not the defendant took advantage of the victim because of the victim's advanced age or physical incapacity, and the results of the examinations, investigation and questioning, shall determine whether such defendant is eligible or ineligible to be adjudged a youthful offender. If the court determines that the defendant is eligible to be so adjudged, no further action shall be taken on the information or complaint and the defendant shall be required to enter a plea of “guilty” or “not guilty” to the charge of being a youthful offender. If the court determines that the defendant is ineligible to be so adjudged, it shall order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n, inclusive, had not been had.
(c) If no motion is made by the prosecuting official under subsection (a) or (b) of section 54-76c or by the court under subsection (a) of this section, and the defendant consents to a trial without a jury, should a trial be had, no further action shall be taken on the information or complaint and the defendant shall be required to enter a plea of “guilty” or “not guilty” to the charge of being a youthful offender.
(d) At any time prior to trial as provided in section 54-76e or at any time prior to entering a plea of “guilty” to the charge of being a youthful offender, the defendant, on motion and with the concurrence of the defendant's parent or guardian and the defendant's attorney, if any, may waive further proceedings under the provisions of sections 54-76b to 54-76n, inclusive, and request a trial by jury in the regular criminal docket of the Superior Court. If the court, after making a thorough inquiry, is satisfied that such waiver is knowingly and voluntarily made, the court may grant such motion and order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n, inclusive, had not been had.
(e) At any point, if the court determines that a defendant is ineligible to be a youthful offender, the court shall order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n, inclusive, had not been had.
(1971, P.A. 72, S. 3; P.A. 77-362; P.A. 79-581, S. 10; P.A. 05-232, S. 3.)
History: P.A. 77-362 required consideration of whether or not defendant took advantage of victim because of victim's advanced age or physical incapacity in determining eligibility for youthful offender status in Subsec. (b); P.A. 79-581 amended Subsec. (a) to require inclusion of summary of unreleased juvenile record of adjudications in investigation where information or complaint charges commission of a felony; P.A. 05-232 amended Subsec. (a) by adding reference to motion under Sec. 54-76c(a) and making technical changes, amended Subsec. (b) by adding provision re determination whether defendant is ineligible to be adjudged a youthful offender and making technical changes, and added Subsecs. (c) re procedure if no motion is made, (d) re waiver of further proceedings and (e) re determination of ineligibility at any point, effective January 1, 2006.
Cited. 173 C. 414; 179 C. 98; 188 C. 565; 192 C. 85.
Cited. 8 CA 607.
Cited. 30 CS 71; 37 CS 755.
Notes of Decisions
Cited in
14
cases, 1979–2015 · leading case:
State v. Bell, 425 A.2d 574 (Conn. 1979).
State v. Bell, 425 A.2d 574 (Conn. 1979).
· cites it 8× “See General Statutes §§ 54-76d, 54-76e and 54-76g.”
State v. Salmond, 797 A.2d 1113 (Conn. App. Ct. 2002).
· cites it 7× “See General Statutes § 54-76d (a). 3 The office of adult probation investigated the defendant and reported that he satisfied the preliminary requirements for eligibility for youthful offender status.”
State v. Jason B., 729 A.2d 760 (Conn. 1999).
· cites it 4× “The defendant was granted youthful offender status pursuant to General Statutes § 54-76d, 5 *548 and a youthful offender information was filed charging him with the same three offenses.”
In re Sheldon G., 583 A.2d 112 (Conn. 1990).
· cites it 3× “Such delinquency records or any part thereof of a person who has not attained the age of twenty-one shall also be available to an adult probation officer, if requested by him, for the purpose of the investigation required under section 54-76d or 54-91a with respect to the…”
State v. Longo, 469 A.2d 1220 (Conn. 1984).
· cites it 2× “See General Statutes § 54-76d. But this hearing was not a procedure that could be considered “separate and distinct from the guilt determining process.”
State v. Eric T., 513 A.2d 1273 (Conn. App. Ct. 1986).
· cites it 2× “General Statutes § 54-76d (b). Eligibility, if granted, applies to each count of one or more informations covered by the defendant’s motion.”
In re Brianna B., 785 A.2d 1189 (Conn. App. Ct. 2001).
“Any record or any part thereof forwarded by said court or any of its employees to any persons, governmental and private agencies, and institutions, shall not be disclosed, directly or indirectly, to any third party not specified in subsection (c) of this section save upon order…”
State v. Potter, 894 A.2d 1063 (Conn. App. Ct. 2006).
· cites it 6× “He claims that the trial court (1) improperly concluded that negligent homicide with a motor vehicle was not a “crime” that made him eligible for youthful offender status pursuant to General Statutes § 54-76d and (2) abused its discretion in concluding that the violation he…”
State v. Potter, 867 A.2d 158 (Conn. Super. Ct. 2004).
· cites it 2× “) General Statutes § 54-76b. The granting or denial of an application for youthful offender status is within the discretion of the court.”
State v. Sher, 452 A.2d 115 (Conn. 1982).
· cites it 6× “This motion was granted by the court and the required examination and investigation were conducted by an adult probation officer as ordained by General Statutes § 54-76d (a). The investigation having been completed, a hearing was held before the court.”
State v. R. W., 984 A.2d 1177 (Conn. Super. Ct. 2009).
“Except as provided in subsection (b) of this section, upon motion of the prosecuting official, the court may order that an investigation be made of such defendant under section 54-76d, for the purpose of determining whether such defendant is ineligible to be adjudged *345 a…”
State v. Anonymous, 37 Conn. Supp. 755 (Conn. Super. Ct. 1981).
· cites it 2× “The record shows that the defendant as well as his attorney signed the application for youthful offender treatment in which a jury trial was expressly waived in accordance with General Statutes § 54-76d. Once again we refuse to consider a claim which was not raised in the trial…”
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