State of Connecticut Division of Criminal Justice Kevin T. Kane, Chief State’s Attorney Developing a Regional Procedure for Referral to a Juvenile Review Board Amy D’Amaddio Hartford Regional LIST Coordinator Erica Bromley, MSW Juvenile Justice Liaison CT Youth Services Association Francis J. Carino Supervisory Assistant State’s Attorney

PURPOSE & POLICY   The purpose of this Agreement is to establish the policy and procedure regarding children residing in a member municipality that get charged with certain eligible offenses in another member municipality. It is the policy of the undersigned parties that a child residing in a member municipality (residence municipality) that gets charged with certain eligible offenses by the law enforcement agency of a different member municipality (charging law enforcement agency) be considered for handling by the juvenile diversion program available in the child’s residence municipality.

GLOSSARY OF TERMS Charging Law Enforcement Agency – Police agency in whose jurisdiction the offense was committed. Residence Law Enforcement Agency – Police agency in the child’s town of residence. SCJM – Superior Court Juvenile Matters having jurisdiction over the child based on the child’s town of residence. Court Package – Consists of the court’s copy of the police report and Juvenile Summons and the Property Seized Without Warrant, form JD-CR 52, if applicable. Statement of Responsibility – Written admission by the child, after being properly advised of his/her rights and executed in compliance with CGS §46b-137. Juvenile Summons – The Juvenile Summons/Complaint, form JD-JM 95.

GLOSSARY OF TERMS Delayed Summons – The Juvenile Summons with a court date ten (10) to fifteen (15) days from the date of service. This is longer than usual to allow for the possible referral to a diversion program. Juvenile Diversion Program – a Juvenile Review Board or a comparable community-based diversion program. Member municipality – municipality party to this Agreement. Eligible offenses – any offense coming within the jurisdiction of the SCJM and identified as eligible for diversion by the Juvenile Diversion Program. Juvenile Diversion Program Contact and Eligibility Information form – A listing of the contact information and charges accepted for diversion by Juvenile Diversion Program.

LAW ENFORCEMENT AGENCIES Summons Served, Court Package Sent to Court Charging LE Agency Sends Court Package to Court LAW ENFORCEMENT AGENCIES Arrest Summons Served, Court Package Sent to Court Notice to Charging LE Agency Charging LE Agency Checks Eligibility with Residence LE Agency Summons Served, Court Package Sent to Court Not Eligible FTA/Reject Diversion Reject Diversion Residence LE Agency Meets with Family Eligible Charging LE Agency Conducts Family Interview Accept Diversion Accept Diversion Referred to Diversion Program Delayed Summons Served, Copy of Court Package Sent to Residence LE Agency

RESIDENCE DIVERSION PROGRAM Dismiss Charging LE Agency Notice Sent to Charging & Residence LE Agencies Unsuccessful Diversion Program New Summons Served, Court Package Sent to Court Notice Sent to Charging & Residence LE Agencies Charging LE Agency Successful Dismiss

MEMORANDUM OF AGREEMENT   This Agreement is by and between the law enforcement agencies and juvenile diversion programs of the member municipalities. The purpose of this Agreement is to establish the policy and procedure regarding children residing in a member municipality that get charged with certain eligible offenses in another member municipality. It is the policy of the undersigned parties that a child residing in a member municipality (residence municipality) that gets charged with certain eligible offenses by the law enforcement agency of a different member municipality (charging law enforcement agency) be considered for handling by the juvenile diversion program available in the child’s residence municipality.

 General Policy   If an unemancipated child, age seventeen or under, residing in a member municipality is charged with a delinquent act, as defined in subsection (9) of Connecticut General Statutes §46b-120, by the law enforcement agency of another member municipality, the charging law enforcement agency may, in its discretion, refer the matter, if eligible, to the law enforcement agency of the child’s municipality of residence (residence law enforcement agency) for consideration for handling by the juvenile diversion program in the child’s municipality of residence.

 General Policy   The charging law enforcement agency has sole discretion to bypass this Agreement and refer the matter directly to the Superior Court – Juvenile Matters having jurisdiction over the matter when appropriate or necessary in the interests of public safety, due to the seriousness of the charge, the child’s prior record, the child’s refusal to admit responsibility for the act(s) alleged, the child or family’s refusal to participate in a juvenile diversion program or for any other reason as determined by the charging law enforcement agency.

 General Procedure   Prior to attempting any referral for diversion, the charging law enforcement agency shall contact the residence law enforcement agency to determine if there is a reason not to offer the diversion option to the child and parent/guardian. Such reason might be the child’s prior record, pending matter(s) involving the child or other ineligibility for the residence municipality’s diversion program. If rejected by the residence law enforcement agency, the charging law enforcement agency will proceed with a referral to the appropriate Superior Court- Juvenile Matters, including a notation that diversion to the residence municipality’s diversion program was attempted and rejected by the residence law enforcement agency.

 General Procedure   If authorized by the residence law enforcement agency, the charging law enforcement agency will interview the child and parent/guardian and discuss with them the incident and resulting charges as well as the diversion option (the “family interview”).

Situation 1: The child denies responsibility for the charges or the child or parent/guardian refuse to participate in a diversion program If the child denies responsibility for the charges or if the child or parent/guardian elects to have the matter referred to the court rather than be diverted, the charging law enforcement agency will serve the child and parent/guardian with a Juvenile Summons/Complaint (Form (JD-JM 95) and refer the case to the appropriate court having jurisdiction over the matter, including a notation that diversion to the residence municipality’s diversion program was offered to the family but not used because the child denied the charges or the child or parent/guardian refused.

Situation 1: The child denies responsibility for the charges or the child or parent/guardian refuse to participate in a diversion program (continued) If the diversion option is rejected by the child or the parent/guardian, the charging law enforcement agency will notify the residence law enforcement agency of such outcome. The charging law enforcement agency will proceed with a referral to the appropriate Superior Court- Juvenile Matters, including a notation that diversion to the residence municipality’s diversion program was offered and rejected by the family.

Situation 2: At the family interview, the child admits responsibility for the charges and the child and parent/guardian agree to participate in a diversion program The charging law enforcement agency shall execute all notice of rights and waiver forms and obtain a written statement acknowledging responsibility for the acts alleged. The charging law enforcement agency shall serve a Juvenile Summons/Complaint on the child and parent/guardian. In such cases, the Appearance Date on the Juvenile Summons/Complaint will be ten (10) to fifteen (15) days from the date of the interview.

Situation 2: At the family interview, the child admits responsibility for the charges and the child and parent/guardian agree to participate in a diversion program. (continued) Prior to concluding the family interview, the child and parent/guardian will be provided with written notice requiring them to contact, within five (5) days, the designated contact person at the residence law enforcement agency to discuss the case and diversion to the residence diversion program. The charging law enforcement agency shall immediately send a copy of the court package to the residence law enforcement agency.

Situation 3: The child and parent/guardian fail to contact the designated contact person at the residence law enforcement agency within five (5) days of the family interview to discuss the case and diversion to the residence diversion program. The residence law enforcement agency shall notify the charging law enforcement agency of the family’s failure to contact the residence law enforcement agency. The charging law enforcement agency may send the court package to the appropriate Superior Court – Juvenile Matters with a notation that the family failed to make contact as required. If referred, the Superior Court – Juvenile Matters shall proceed with the case and should consider the immediate judicial handling of the case due to the failure of the effort to divert the case from the court process.

Situation 4: The child and parent/guardian contact the designated contact person at the residence law enforcement agency within five (5) days of the family interview to discuss the case and diversion to the residence diversion program. The residence law enforcement agency shall discuss the specifics of the residence diversion program with the child and family. If the child or the family rejects the diversion option, the residence law enforcement agency shall notify the charging law enforcement agency of the outcome. The charging law enforcement agency may send the court package to the appropriate Superior Court – Juvenile Matters with a notation that the family failed to make contact as required. If referred, the Superior Court – Juvenile Matters shall proceed with the case and should consider the immediate judicial handling of the case due to the failure of the effort to divert the case from the court process.

Situation 4: The child and parent/guardian contact the designated contact person at the residence law enforcement agency within five (5) days of the family interview to discuss the case and diversion to the residence diversion program. (continued) If the child and parent/guardian accept the diversion option, the residence law enforcement agency shall refer the case to the residence diversion program. The residence law enforcement agency shall notify the charging law enforcement agency that the matter has been diverted to the residence diversion program.

 Situation 5: The diversion to the residence diversion program is unsuccessful. The residence diversion program shall notify the charging and residence law enforcement agencies of the outcome of the diversion effort along with an explanation of why the effort failed. Upon receipt of such notice, the charging law enforcement agency may decide to close the matter or to serve the child and parent/guardian with a new Juvenile Summons/ Complaint for an appearance in the appropriate Superior Court – Juvenile Matters. Any such referral to court should include a notation that diversion to the residence municipality’s diversion program was offered and failed.

 Situation 5: The diversion to the residence diversion program is unsuccessful. (continued) If referred, the Superior Court – Juvenile Matters shall proceed with the case and should consider the immediate judicial handling of the case due to the failure of the effort to divert the case from the court process.

Situation 6: The diversion to the residence diversion program is successful. The residence diversion program shall notify the charging and residence law enforcement agencies of the outcome of the diversion effort. Upon receipt of such notice, the charging and residence law enforcement agencies shall seal or erase the child’s case and any evidence seized will be returned to the victim or otherwise disposed of if there are no companion cases pending. SIGNATURE PAGE

(Police, School, Parents) Juvenile Diversion Program Contact and Eligibility Information form SAMPLE AHM Juvenile Review Board Michelle Hamilton JRB: Contact: Name 860-228-9488 Phone Michelleh@ahmyouth.org E-mail CT State Police Resident Trooper Dan Greenwood Res. Tpr. Police: Contact: Name 860-228-3710 Phone dgreenwood@hebronct.com E-mail TYPES OF CASES REFERRAL ELIGIBILITY ACCEPTED SOURCES CRITERIA PROCEDURE   (Delinq or FWSN) (Police, School, Parents) Delinquency (<18) Police 1st offense, not a felony, admit Resident Trooper discusses JRB w/family, responsibility, family agrees if they agree, case referred to JRB FWSN (<18) 1st offense, admit responsibility, family agrees School School administrator discusses JRB w/family, Parent Parent refers directly to YSB, JRB discussed, if agreed, case referred to JRB

(Police, School, Parents) Juvenile Diversion Program Contact and Eligibility Information form JRB: Contact: Name Phone E-mail TYPES OF CASES REFERRAL ELIGIBILITY ACCEPTED SOURCES CRITERIA PROCEDURE   (Delinq or FWSN) (Police, School, Parents)

For more information contact: Francis J. Carino Supervisory Asst. State’s Attorney Office of the Chief State’s Attorney 300 Corporate Place Rocky Hill, CT 06067 Tel.: (860) 258-5826 Fax: (860) 258-5858 E-mail: francis.carino@ct.gov CT Juvenile Law website: www.francarino.com www.ctyouthservices.org