(a) All of the proceedings had under the provisions of sections
54-76b to
54-76n, inclusive, shall be private and shall be conducted in such parts of the courthouse or the building wherein court is located as shall be separate and apart from the other parts of the court which are then being held for proceedings pertaining to adults charged with crimes. If the defendant is committed while any examination and investigation under section
54-76d is pending, before trial, during trial or after judgment and before sentence, those persons in charge of the place of detention shall segregate the defendant, to the extent of their facilities, from defendants over the age of eighteen years charged with crime.
(b) In a proceeding under sections 54-76b to 54-76n, inclusive, the court shall not exclude any victim and a victim's next of kin from such proceeding or any portion thereof unless, after hearing from the parties and the victim or a victim's next of kin and for good cause shown, which shall be clearly and specifically stated on the record, the court orders otherwise. For the purposes of this subsection, “victim” means a person who is the victim of a crime for which a youth is charged, a parent or guardian of such person, the legal representative of such person or a victim advocate for such person under section 54-220, and “next of kin” means a spouse, adult child, a parent, an adult sibling, an aunt, an uncle or a grandparent.
(1971, P.A. 72, S. 7; P.A. 05-169, S. 2; 05-232, S. 4; P.A. 10-43, S. 33; P.A. 23-46, S. 6.)
History: P.A. 05-169 designated existing provisions as Subsec. (a), made technical changes therein and added Subsec. (b) re presence of victim at proceeding; P.A. 05-232 deleted exception for proceedings on motion under Sec. 54-76c, added reference to investigation under Sec. 54-76d and made technical changes, effective January 1, 2006; P.A. 10-43 amended Subsec. (b) to replace “an advocate appointed for such person pursuant to section 54-221” with “a victim advocate for such person under section 54-220”; P.A. 23-46 amended Subsec. (b) by defining “next of kin” and adding references to victim's next of kin, effective July 1, 2023.
Cited. 173 C. 414; 179 C. 98; 192 C. 85; 195 C. 303; 240 C. 743.
Presence of parents during testimony of their minor child as a witness should be allowed during youthful offender proceedings with instruction given as to requirement of secrecy; defendant's statutory right to privacy not absolute. 8 CA 607.
Cited. 30 CS 71; 38 CS 675.
Notes of Decisions
State v. Spendolini, 454 A.2d 720 (Conn. 1983).
· cites it 8× “General Statutes §§ 54-76h, 54-76l, 54-76o.”
State v. Matos, 694 A.2d 775 (Conn. 1997).
· cites it 6× “General Statutes § 54-76h. 10 If confined, a youth is segregated from other defendants over the age of eighteen years before and during trial and before sentencing.”
State v. Longo, 469 A.2d 1220 (Conn. 1984).
· cites it 4× “See General Statutes §§ 54-76h, 54-76Z, and 54-76o.”
State v. Eric T., 513 A.2d 1273 (Conn. App. Ct. 1986).
· cites it 7× “” The defendant’s next claim of error is that the court violated General Statutes § 54-76h, which mandates that a youthful offender proceeding shall be private, when it permitted the parents of a minor witness, who was sixteen years of age, to be present at the trial.”
State v. Bell, 425 A.2d 574 (Conn. 1979).
· cites it 4× “See General Statutes §§ 54-76h, 54-76l and 54-76o.”
State v. BB, 17 A.3d 30 (Conn. 2011).
· cites it 4× “General Statutes § 54-76h. In addition, a defendant on the youthful offender docket is eligible to receive a more lenient sentence.”
Doe v. Connecticut Bar Examining Comm., 818 A.2d 14 (Conn. 2003).
· cites it 2× “of any children involved or the nature of the case so requires”); General Statutes § 46b-49 (permitting closed hearings in divorce, separation and annulment proceedings when “in the interests of justice and the persons involved”); General Statutes § 46b-122 (exclusion from…”
Vargas v. Doe, 900 A.2d 525 (Conn. App. Ct. 2006).
· cites it 2× “eparation and annulment proceedings when “in the interests of justice and the persons involved”); General Statutes § 46b-122 (exclusion from courtroom in juvenile matters of “any person whose presence is, in the court’s opinion, not necessary”); General Statutes § 46b-142…”
In re Juv. Appeal (85-AB), 488 A.2d 778 (Conn. 1985).
· cites it 2× “General Statutes § 54-76h. We are not persuaded that the potential for harm to juvenile offenders from erroneous transfer orders is so much greater in kind or degree than that which a seventeen year old, improperly denied the benefits of youthful offender treatment, may suffer…”
State v. George J., 910 A.2d 931 (Conn. 2006).
“2006) § 54-76h (b) addresses the private nature of proceedings concerning youthful offenders and provides in relevant part: “In a proceeding under sections 54-76b to 54-76n, inclusive, the court shall not exclude any victim from such proceeding or any portion thereof .”
State v. B.B, 300 Conn. 748 (Conn. 2011).
· cites it 4× “General Statutes § 54-76h. In addition, a defendant on the youthful offender docket is eligible to receive a more lenient sentence.”
Hartford Courant Co. v. Pellegrino, 290 F. Supp. 2d 265 (D. Conn. 2003).
· cites it 2× “Section 46b-ll provides for closed hearing and records in family relations matters 2 , § 46b-49 provides for closed hearings on matters involving minor children 3 , § 46b-122 provides for closed hearings in juvenile matters 4 , and § 54-76h provides for pri *277 vate proceedings…”
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