1. 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

2. 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.

3. 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.

4. 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.

5. 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

6. 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

7. 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.

8.  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.

9.  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.

10.  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.

11.  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”).

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19.  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.

20.  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.

21. 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

22. (Police, School, Parents)
Juvenile Diversion Program Contact
and Eligibility Information form
SAMPLE
AHM Juvenile Review Board
Michelle Hamilton
JRB:
Contact:
Name
Phone
CT State Police Resident Trooper
Dan Greenwood Res. Tpr.
Police:
Contact:
Name
Phone
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

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

24. 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 Tel.: (860) Fax: (860)
CT Juvenile Law website: