Bill Summary – FastDemocracy

General Assembly                      Raised Bill No. 6671
      January Session, 2021                 LCO No. 5832
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING THE PROVISION OF LEGAL COUNSEL IN A
 CRIMINAL MATTER TO A PERSON UNDER EIGHTEEN YEARS OF
 AGE.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 46b-136 of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective October 1, 2021):
      (a) In any proceeding in a juvenile matter, except as provided in
   subsection (c) of this section, the judge before whom such proceeding is
   pending shall, even in the absence of a request to do so, provide an
   attorney to represent the child or youth, the child's or youth's parent or
   parents or guardian, or other person having control of the child or
   youth, if such judge determines that the interests of justice so require,
   and in any proceeding in which the custody of a child is at issue, such
   judge shall provide an attorney to represent the child and may authorize
   such attorney or appoint another attorney to represent such child or
   youth, parent, guardian or other person on an appeal from a decision in
   such proceeding.
     (b) [(1)] When, under the provisions of this section, the court appoints
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 counsel in a proceeding in a juvenile matter in the civil session and
 orders the Division of Public Defender Services to provide such counsel,
 the cost of such counsel shall be shared as agreed to by the Division of
 Public Defender Services and the Judicial Department. When, under the
 provisions of this [subdivision] subsection, the court so appoints
 counsel for any party who is found able to pay, in whole or in part, the
 cost thereof, the court shall assess as costs against such party, including
 any agency vested with the legal custody of the child or youth, the
 expense incurred and paid by the Division of Public Defender Services
 and the Judicial Department in providing such counsel, and order
 reimbursement to the Division of Public Defender Services and the
 Judicial Department to the extent of the party's financial ability to do so.
    [(2) When, under the provisions of this section, the court appoints
 counsel in a proceeding in a juvenile matter in the criminal session and
 orders the Division of Public Defender Services to provide such counsel,
 the cost of such counsel shall be incurred by the Division of Public
 Defender Services. When, under the provisions of this subdivision, the
 court so appoints counsel for any party who is found able to pay, in
 whole or in part, the cost thereof, the court shall assess as costs against
 such party, including any agency vested with the legal custody of the
 child or youth, the expense incurred and paid by the Division of Public
 Defender Services in providing such counsel, and order reimbursement
 to the Division of Public Defender Services to the extent of the party's
 financial ability to do so.]
    (c) (1) In any proceeding in a juvenile matter in the criminal session,
 the judge before whom such proceeding is pending shall, even in the
 absence of a request to do so, provide an attorney to represent a child or
 youth who is under eighteen years of age. If the judge orders the
 Division of Public Defender Services to provide such counsel, the cost
 of such counsel shall be incurred by the Division of Public Defender
 Services. When, under the provisions of this subdivision, the court so
 appoints counsel for any party who is found able to pay, in whole or in
 part, the cost thereof, the court shall assess as costs against such party,
 including any agency vested with the legal custody of the child or youth,
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 the expense incurred and paid by the Division of Public Defender
 Services in providing such counsel, and order reimbursement to the
 Division of Public Defender Services to the extent of the party's financial
 ability to do so.
    (2) An attorney provided for a child or youth pursuant to subdivision
 (1) of this subsection shall continue to represent such child or youth until
 such time as the parent or guardian of the child or, if emancipated, the
 child or youth, chooses another attorney to represent such child or
 youth and such attorney files an appearance on behalf of such child or
 youth. If at any time such child or youth is not represented by an
 attorney, the judge shall provide such child or youth with an attorney
 pursuant to subdivision (1) of this subsection.
    [(c)] (d) The Division of Public Defender Services shall establish the
 rate at which counsel provided pursuant to this section shall be
 compensated.
    Sec. 2. Subdivision (1) of subsection (a) of section 46b-127 of the
 general statutes is repealed and the following is substituted in lieu
 thereof (Effective October 1, 2021):
    (a) (1) The court shall automatically transfer from the docket for
 juvenile matters to the regular criminal docket of the Superior Court the
 case of any child charged with the commission of a capital felony under
 the provisions of section 53a-54b in effect prior to April 25, 2012, a class
 A felony, or a class B felony, except as provided in subdivision (3) of this
 subsection, or a violation of section 53a-54d, provided such offense was
 committed after such child attained the age of fifteen years and counsel
 has been appointed for such child [if such child is indigent] pursuant to
 section 46b-136, as amended by this act. Such counsel may appear with
 the child but shall not be permitted to make any argument or file any
 motion in opposition to the transfer. The child shall be arraigned in the
 regular criminal docket of the Superior Court at the next court date
 following such transfer, provided any proceedings held prior to the
 finalization of such transfer shall be private and shall be conducted in
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 such parts of the courthouse or the building in which the court is located
 that are separate and apart from the other parts of the court which are
 then being used for proceedings pertaining to adults charged with
 crimes.
    Sec. 3. Section 46b-135 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2021):
     (a) At the commencement of any proceeding concerning the alleged
 delinquency of a child, the [child shall have the right to counsel and be
 so informed by the judge, and that if the child and the parent or parents
 or guardian of the child are unable to afford counsel, counsel will be
 provided for the child] judge shall appoint counsel for the child as
 provided in section 46b-136, as amended by this act. Such counsel and
 the child shall have the rights of confrontation and cross-examination.
 If a parent fails to comply with a court order entered in the best interests
 of the alleged or adjudicated delinquent child and is facing potential
 imprisonment for contempt of court, such parent, if unable to afford
 counsel, shall be entitled to have counsel provided for such parent
 pursuant to this subsection.
    (b) At the commencement of any proceeding on behalf of a neglected,
 uncared-for or abused child or youth, the parent or parents or guardian
 of the child or youth shall have the right to counsel, and shall be so
 informed by the judge, and that if they are unable to afford counsel,
 counsel will be provided for them. Such parent or guardian of the child
 or youth shall have the rights of confrontation and cross-examination.
    Sec. 4. Subsection (g) of section 51-289 of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective October
 1, 2021):
    (g) The commission shall be responsible for carrying out the purposes
 of this chapter and, to carry out those purposes, the commission shall
 adopt rules relating to the operations of a Division of Public Defender
 Services and shall provide any facilities, other than those provided in
 the courts by the Judicial Department, necessary for the carrying out of
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 those services. Such rules shall include, but need not be limited to,
 Income and Eligibility Guidelines for the representation of indigent
 individuals and minors.
    Sec. 5. Section 51-296 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2021):
    (a) (1) In any criminal action, in any habeas corpus proceeding arising
 from a criminal matter, in any extradition proceeding, or in any
 delinquency matter, except as provided in subdivision (2) of this
 subsection, the court before which the matter is pending shall, if it
 determines after investigation by the public defender or his office that a
 defendant is indigent as defined under this chapter, designate a public
 defender, assistant public defender or deputy assistant public defender
 to represent such indigent defendant, unless, in a misdemeanor case, at
 the time of the application for appointment of counsel, the court decides
 to dispose of the pending charge without subjecting the defendant to a
 sentence involving immediate incarceration or a suspended sentence of
 incarceration with a period of probation or the court believes that the
 disposition of the pending case at a later date will not result in a sentence
 involving immediate incarceration or a suspended sentence of
 incarceration with a period of probation and makes a statement to that
 effect on the record. If it appears to the court at a later date that, if
 convicted, the sentence of an indigent defendant for whom counsel has
 not been appointed will involve immediate incarceration or a
 suspended sentence of incarceration with a period of probation, counsel
 shall be appointed prior to trial or the entry of a plea of guilty or nolo
 contendere.
    (2) In any criminal action or delinquency matter involving a person
 under eighteen years of age, the court before which the matter is
 pending shall designate a public defender, assistant public defender or
 deputy assistant public defender to represent such person, regardless of
 the financial ability of the parents, guardians or those legally responsible
 for the support of such person to pay for such representation.
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    (b) In the case of codefendants, the court may appoint one or more
 public defenders, assistant public defenders or deputy assistant public
 defenders to represent such defendants or may appoint counsel from
 the trial list established under section 51-291.
    (c) (1) The division shall provide, pursuant to section 51-296a: (A)
 Legal services and guardians ad litem to children, youths and indigent
 respondents in family relations matters in which the state has been
 ordered to pay the cost of such legal services and guardians ad litem,
 provided legal services shall be provided to indigent respondents
 pursuant to this subparagraph only in paternity proceedings and
 contempt proceedings; and (B) legal services and guardians ad litem to
 children, youths and indigent legal parties in proceedings before the
 superior court for juvenile matters. To carry out the requirements of this
 subsection, the office of Chief Public Defender may contract with (i)
 appropriate not-for-profit legal services agencies, (ii) individual lawyers
 or law firms for the delivery of legal services to represent children and
 indigent legal parties in such proceedings, and (iii) mental health
 professionals as guardians ad litem in family relations matters. Any
 contract entered into pursuant to this subsection may include terms
 encouraging or requiring the use of a multidisciplinary agency model of
 legal representation.
    (2) The division shall establish a system to ensure that attorneys
 providing legal services pursuant to this subsection are assigned to
 cases in a manner that will avoid conflicts of interest, as defined by the
 Rules of Professional Conduct.
    (3) The division shall establish training, practice and caseload
 standards for the representation of children, youths, indigent
 respondents and indigent legal parties pursuant to subdivision (1) of
 this subsection. Such standards shall apply to each attorney who
 represents children, youths, indigent respondents or indigent legal
 parties pursuant to this subsection and shall be designed to ensure a
 high quality of legal representation. The training standards for attorneys
 required by this subdivision shall be designed to ensure proficiency in
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 the procedural and substantive law related to such matters and to
 establish a minimum level of proficiency in relevant subject areas,
 including, but not limited to, family violence, child development,
 behavioral health, educational disabilities and cultural competence.
    (d) Prior to the appearance in court in any matter specified in this
 section by a defendant, child, youth, respondent or legal party, a public
 defender, assistant public defender, deputy assistant public defender or
 Division of Public Defender Services assigned counsel, upon a
 determination that the defendant, child, youth, respondent or legal
 party is indigent pursuant to subsection (a) of section 51-297, shall be
 authorized to represent the defendant, child, youth, respondent or legal
 party until the court appoints counsel for such defendant, child, youth,
 respondent or legal party.
    Sec. 6. Section 51-299 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2021):
    Except in cases in which counsel has been appointed pursuant to
 subdivision (2) of subsection (a) of section 51-296, as amended by this
 act, or subsection (c) of section 51-296, as amended by this act, whenever
 a person requesting services pursuant to this chapter is under the age of
 eighteen years, eligibility for services shall be measured in terms of the
 financial circumstances of such person and of his parents, guardians, or
 those legally responsible for the support of such person. The
 commission shall be entitled to recover the reasonable cost of legal
 services, as determined in accordance with the schedule of reasonable
 charges for public defender services provided by the commission, from
 the parents, guardians, trustees or those legally responsible for the
 support of such person and the provisions of section 51-298 shall apply
 to such persons, including when counsel has been appointed pursuant
 to subdivision (2) of subsection (a) of section 52-596, as amended by this
 act. In so doing, it shall have the authority to require such parents,
 guardians or other such persons as well as those persons holding
 property in trust or otherwise for such minor or unemancipated person
 to execute and deliver to the commission or its employees any written
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 requests or authorizations required under applicable law or otherwise
 to provide the Chief Public Defender or those serving under him with
 access to such records of public or private sources, otherwise
 confidential, or any other information which may be relevant to the
 question of eligibility or liability to the commission under this chapter.
    Sec. 7. Section 46b-137 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2021):
    (a) Any admission, confession or statement, written or oral, made by
 a child under the age of sixteen to a police officer or Juvenile Court
 official, and any evidence derived therefrom, shall be inadmissible in
 any proceeding concerning the alleged delinquency of the child making
 such admission, confession or statement unless [made by] (1) such child
 made such admission, confession or statement in the presence of the
 child's parent or parents or guardian and after the parent or parents or
 guardian and child have been advised [(1)] (A) of the child's right to
 retain counsel, [or if unable to afford counsel,] to have counsel
 appointed on the child's behalf, and that the right to counsel may not be
 waived, [(2)] (B) of the child's right to refuse to make any statements,
 and [(3)] (C) that any statements the child makes may be introduced into
 evidence against the child, and (2) any intervie