Connecticut |
Lower Age: | None specified |
Upper Age: | 15 |
Mandatory Waiver | Conn. Gen. Stat. Sec. 46b-127 |
The case of any child at least 14 charged with a capital felony, a class A or B felony, or arson murder is "automatically" transferred from juvenile to superior court for arraignment. The juvenile court has no role other than to affirm that the child was at least 14 at the time of alleged commission and to appoint counsel if the child is indigent; the State's attorney need not make a motion for transfer, and the child's counsel is not permitted to make any argument or file any motion to oppose the transfer. (NoteA State's attorney who wishes to proceed in juvenile court against a child accused of a class B felony may do so, but only by seeking a transfer from superior court; see Reverse Waiver.) |
If the State's attorney requests it, the case of a child at least 14 charged with an unclassified felony or a class C or D felony must also be transferred to superior court, provided the court finds (without notice, a hearing, or any participation on the part of the child or his counsel) probable cause to believe the child committed the offense alleged. |
Offense Category | Minimum Age | Offense Detail |
Certain Felonies | 14 | Class A, B, C and D felonies, unclassified felonies. |
Capital | 14 | Capital felony. |
Murder | 14 | Arson murder. |
Reverse Waiver | Conn. Gen. Stat. Sec. 46b-127 |
In the case of a child accused of a class C or D felony or an unclassified felony and transferred from juvenile court upon motion of the state's attorney, the law authorizes the superior court to return the case to juvenile court, but does not specify grounds for such a retransfer, standards to be applied or factors to be considered. |
In the case of a child accused of a class B felony and "automatically" transferred, the State's attorney may request a retransfer to juvenile court within 10 days. The superior court, "after hearing," is required to "decide such motion," but again the law does not indicate grounds, standards, or factors to be considered. |