Conn. Gen. Stat. § 46b-127
(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. 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 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.
See Sec. 18-65a re confinement of young and teenage women and female children.
See Sec. 18-73 re confinement of male children and youths.
(P.A. 75-620, S. 1–4; P.A. 76-194, S. 3; 76-436, S. 18, 19, 20, 681; P.A. 79-581, S. 3; P.A. 83-402, S. 2; P.A. 86-185, S. 2; P.A. 90-136, S. 2; 90-187, S. 2, 3; July Sp. Sess. P.A. 94-2, S. 6; P.A. 95-225, S. 13; P.A. 97-4, S. 1, 2; 97-319, S. 21, 22; P.A. 98-256, S. 3; P.A. 04-127, S. 2; 04-148, S. 1; June Sp. Sess. P.A. 07-4, S. 75; Sept. Sp. Sess. P.A. 09-7, S. 71, 84, 122; June Sp. Sess. P.A. 10-1, S. 30; P.A. 11-157, S. 18; P.A. 12-5, S. 10; June 12 Sp. Sess. P.A. 12-1, S. 280; P.A. 13-258, S. 5; P.A. 15-84, S. 3; 15-183, S. 1; P.A. 16-126, S. 27; P.A. 19-187, S. 1; P.A. 21-104, S. 28; 21-140, S. 1; P.A. 22-26, S. 10.)
History: P.A. 76-194 required that child “be sentenced, if convicted” as if he were sixteen; P.A. 76-436 revised provisions to reflect transfer of juvenile court duties to superior court, substituting references to criminal and juvenile dockets for references to said courts, etc., effective July 1, 1978; P.A. 79-581 clarified and qualified circumstances under which matters transferred from juvenile to criminal docket and deleted requirements that transfer is contingent upon investigation finding that no suitable institution for care of children exists to which child in question may be committed and that court facilities for criminal sessions and institutions for those sixteen or over are suitable for child's care and confinement and deleted former Subsecs. (b) and (c) re establishment of maximum security facility for care and treatment of children under superior court jurisdiction and re court-ordered evaluation to determine whether institutions for children or institutions for those sixteen and over are more suitable for care and treatment of child in question; Sec. 17-60b temporarily renumbered as Sec. 51-308 and ultimately transferred to Sec. 46b-127 in 1979; P.A. 83-402 qualified reference to commission of murder in Subdiv. (1) by specifying murder “under sections 53a-54a to 53a-54d, inclusive” and required that written findings be made rather than an investigation prior to transfer; P.A. 86-185 added provision that a transfer order shall be a final judgment for purposes of appeal; P.A. 90-136 excluded from the provisions of Subdiv. (2) a child referred for the commission of the class A felony of murder, added provisions re the rights of the child and the procedure applicable at the hearing, authorized credit against any sentence imposed for time served in a juvenile facility prior to transfer, authorized a child to plead guilty to a lesser offense and provided that a child who so pleads shall not resume his juvenile status re said offense, and replaced a reference to a finding of “innocent” with a finding of “not guilty”; P.A. 90-187 added provision requiring a transferred child to be maintained in a facility for children and youth rather than in a correctional facility until he is 16 years of age or sentenced, whichever occurs first, effective July 1, 1991; July Sp. Sess. P.A. 94-2 designated existing provisions re children required to be transferred to the regular criminal docket as Subsec. (a) and amended said Subsec. to add a new Subdiv. (2) requiring the transfer of any child referred for the violation of certain firearm-related offenses, renumbering the remaining Subdivs. accordingly, to exclude from Subdivs. (3) and (4) any child referred for a violation of any provision specified in Subdiv. (2), to add provision requiring the prosecuting authority for juvenile matters to consider whether the child is a person with mental retardation or suffers from a substantial mental disorder in deciding whether to seek the transfer of the child under Subdiv. (2) and to add provision authorizing the child to file a notice of intent to request a hearing under Subsec. (c), designated existing provisions re probable cause hearing as Subsec. (b), added Subsec. (c) re a hearing for a child referred pursuant to Subsec. (a)(2) at which he may present evidence that he should not be transferred to the regular criminal docket and the factors that must be proven at such hearing to avoid such a transfer, deleted the provision that a transfer order is a final judgment for purposes of appeal and designated existing provisions re post-transfer procedures as Subsec. (d); P.A. 95-225 substantially revised section by deleting former Subsecs. (a), (b) and (c), adding new Subsec. (a) re automatic transfer of a child charged with the commission of a capital felony, a class A or B felony or a violation of section 53a-54d, adding new Subsec. (b) re transfer of a child charged with a class C or D felony or an unclassified felony and redesignating former Subsec. (d) re post-transfer procedures as Subsec. (c); P.A. 97-4 amended Subsec. (c) to delete provision that prohibited a child being placed in a correctional facility and required the child to be maintained in a facility for children and youth until he attains the age of 16 years or until he is sentenced, whichever occurs first, added Subsec. (d) providing that a child transferred to the regular criminal docket shall be in the custody of the Commissioner of Correction upon the finalization of the transfer and specifying when a transfer is final, and added Subsec. (e) limiting the transfer of children and juveniles to a Department of Correction facility, effective March 20, 1997; P.A. 97-319 amended Subsec. (a) by adding provision re appointment of counsel for indigent child, effective July 1, 1997; P.A. 98-256 amended Subsec. (a) to require the file of a transferred case to remain sealed “until the end of the tenth working day following such arraignment” rather than “until the tenth day following such arraignment” and to replace “disposition” with “proceedings”, amended Subsec. (b) to provide that the case shall be transferred upon “order of the court” rather than upon “approval by the court”, to establish a deadline for a court to return a case to the docket for juvenile matters of “not later than ten working days after the date of the transfer” and to require arraignment “by the next court date” rather than “at the next court date” and amended Subsec. (c) to make provision mandating that a child resume his status as a juvenile when found not guilty of the transferred charge also apply when found not guilty of any lesser included offenses; P.A. 04-127 amended Subsecs. (a) and (b) by adding provisions re privacy and location of proceedings held prior to finalization of transfer and made a technical change in Subsec. (a); P.A. 04-148 amended Subsec. (a) to authorize the transfer of the case of a child charged with a violation of Sec. 53a-70(a)(2) to the docket for juvenile matters; June Sp. Sess. P.A. 07-4 amended Subsec. (c) to substitute “eighteen years” for “sixteen years” re age of child and make technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (b) to replace “juvenile prosecutor” with “prosecutorial official”, effective October 5, 2009, amended Subsec. (c) to substitute “seventeen years” for “eighteen years” re age of child, effective January 1, 2010, and further amended Subsec. (c) to substitute “eighteen years” for “seventeen years” re age of child, effective July 1, 2012; June Sp. Sess. P.A. 10-1 added Subsec. (f) re transfer of case of youth age 16 from youthful offender docket, regular criminal docket or docket for motor vehicle matters to docket for juvenile matters, effective July 1, 2010; P.A. 11-157 amended Subsec. (f) to make provisions applicable to case of any youth age 17 and, in Subdiv. (1), to include an offense or violation committed on or after July 1, 2012, while 17 years of age, effective July 1, 2012; P.A. 12-5 amended Subsec. (a) to add reference to provisions of Sec. 53a-54b in effect prior to April 25, 2012, re commission of a capital felony, effective April 25, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsecs. (a) and (b) to insert Subdiv. designators (1) and (2), amended Subsec. (a)(1) to delete provision re sealing of file in transferred case, amended Subsec. (a)(2) to allow transfer to juvenile docket at any time after arraignment, rather than not later than 10 working days after arraignment, amended Subsec. (b)(1) to require superior court for juvenile matters to conduct a hearing re whether to transfer to regular criminal docket, insert Subpara. designators (A) and (B) re findings prior to ordering transfer, add Subpara. (C) re best interests of child and public not being served by maintaining case on juvenile docket, add requirement that any motion be made and hearing be held not later than 30 days after child is arraigned in superior court for juvenile matters, and delete requirement that file of transferred case remain sealed until regular criminal docket court accepts transfer, amended Subsec. (b)(2) to provide that regular criminal docket court may transfer case to juvenile docket at any time prior to jury verdict or entry of guilty plea, rather than 10 working days after transfer, and delete requirement for private hearing on next court date, amended Subsec. (d)(1) to replace provisions re transfer being final 10 working days after arraignment with provisions re transfer being final upon granting of state's attorney motion or arraignment on regular criminal docket until return of case to juvenile docket, and made technical and conforming changes; P.A. 13-258 amended Subsec. (b)(1) to add reference to child charged with a class E felony; P.A. 15-84 amended Subsec. (c) to add “subject to the provisions of section 54-91g”; P.A. 15-183 amended Subsecs. (a) and (b) to substitute 15 years for 14 years as minimum age for transfer, amended Subsec. (a) to add exception for transfer for certain class B felonies in Subdiv. (1) and add Subdiv. (3) re transfer for certain class B felonies, and amended Subsec. (b)(2) to add reference to Subsec. (a)(3); P.A. 16-126 amended Subsec. (f) by adding references to Secs. 14-227m and 14-227n(a)(1) and (2); P.A. 19-187 amended Subsec. (b) by redesignating Subdiv. (2) as new Subsec. (c)(2), amended new Subsec. (c) by adding Subdiv. (1) re proceeding of transferred case to be private, records of proceedings to be confidential and records to be available to victim of crime committed by child, and amending Subdiv. (2) by adding provision re subsequent reduction of charge, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g), added reference to Subsec. (c) in redesignated Subsec. (d) and made technical and conforming changes; P.A. 21-104 amended Subsec. (c)(1)(A) to add clause designators, provide that a proceeding is private “, except that any victim and the victim's next of kin shall not be excluded from such proceeding,” and define “victim” and “next of kin”, effective June 28, 2021; P.A. 21-140 amended Subsec. (f) by deleting “or the Department of Children and Families”, effective July 1, 2021; P.A. 22-26 deleted former Subsec. (c)(1) re proceeding of transferred case to be private, records of proceedings to be confidential and records to be available to victim of crime committed by child and redesignated existing Subsec. (c)(2) as Subsec. (c), effective May 10, 2022.