(a) The court, upon motion of a child charged with an offense involving the use or threatened use of physical violence in or on the real property comprising a public or private elementary or secondary school or at a school-sponsored activity as defined in subsection (h) of section 10-233a, may order the suspension of the delinquency proceedings for a period of one year and order the child to participate in a school violence prevention program during the period of suspension if the court, after consideration of information before it, finds that (1) the child presently needs and is likely to benefit from participation in a school violence prevention program, and (2) the suspension of the delinquency proceedings will advance the interests of justice.

(b) As a condition of eligibility for suspension of prosecution and placement in a school violence prevention program pursuant to this section, (1) the child shall agree to participate in a program of anger management and nonviolent conflict resolution consisting of group counseling sessions, and to satisfactorily complete such program, (2) the child shall agree to comply with any orders of the court, and (3) the parents or guardian of such child shall certify under penalty of false statement that, to the best of such parents’ or guardian’s knowledge and belief, neither such parent or guardian nor such child possesses any firearms, dangerous weapons, controlled substances or other property or materials the possession of which is prohibited by law or in violation of the law.

(c) The cost of participation in such program shall be paid by the parent or guardian of such child, except that no child shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such child files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.

(d) During the period of suspension, a child shall be placed under the supervision of a juvenile probation officer for placement in a school violence prevention program and such officer shall monitor the compliance of the child with the orders of the court including, but not limited to, maintaining contact with the child and officials of the child’s school.

(e) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.

(f) At any time before the end of the period of the suspension of the delinquency proceedings, but not later than one month before the end of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has satisfactorily completed the school violence prevention program and has complied with all other conditions of the suspension order imposed by the court.

(g) If the court, on motion of the child or on its own motion, finds that the child has satisfactorily completed the school violence prevention program and has complied with all other conditions of suspension, and one year has elapsed since the child was placed in such program, it may dismiss the charge for which the delinquency proceedings had been suspended. If the court denies the motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.

(P.A. 99-259, S. 1, 3; Sept. Sp. Sess. P.A. 09-7, S. 127, 128; P.A. 17-99, S. 4.)

History: P.A. 99-259 effective January 1, 2000; Sept. Sp. Sess. P.A. 09-7 amended Subsecs. (e) and (g) to replace “juvenile prosecutor” with “prosecutorial official”, effective October 5, 2009; P.A. 17-99 amended Subsec. (b)(1) by deleting “at least eight” re group counseling sessions.