Connecticut lawmakers are considering a bill to raise the age at which a child can be arrested and handcuffed.
Current law allows kids as young as ten to be detained and prosecuted. S.B. 1542 would raise the age to 12 in 2026 and 14 in 2028. It would also forbid the handcuffing of children younger than 14 unless they were a threat to public safety.
Supporters of the measure say that arresting young children leaves them traumatized and fearful of the justice system.
Percy Ian Berry is a justice advisor with the Connecticut Justice Alliance. In written testimony on the bill, Berry said that he had been arrested at 13 years old and believes he would have been better helped by community-based intervention.
“Our young people do not need to waste time, and the state does not need to waste resources by putting them through the court process,” Berry said. “We should instead be funding what works and ensuring all of our young people have access to resources we know will be successful and sufficient.”
State Representative Greg Howard (R-Stonington) said the legislation’s text needs work—like adding wording that specifies a police officer can’t knowingly arrest a kid younger than 14—but he supports the idea.
“I do think, as a matter of practice, handcuffing juveniles under 14 simply because they're being detained, even if they're cooperative and whatnot, does have some psychological effects,” Howard said.
“I’m actually inclined to support it today, and we can work on those technical issues,” he continued. “I have full faith that that will work out.”
However, the state police chiefs association does not support this. Their testimony said they often attempt to use alternatives to arrest—but sometimes, that’s all that will work.
“When those bad behaviors are not corrected, it may lead to juveniles continuing to commit repeat offenses and oftentimes escalating to more serious crime,” the testimony reads.
They said the use of handcuffs allows officers to protect themselves and the public.
“Officer’s decisions to handcuff a juvenile or individuals are determined by the offender’s actions, number of individuals involved, type of call and/or information discovered that is a concern for public safety. This comes first before determining the name and age of a juvenile or involved individuals,” the testimony said.
Connecticut lawmakers raised the age at which a child could be arrested from seven to 10 in 2021.
The bill passed the Judiciary Committee 33-6 on Thursday and is headed to the Senate for a vote.
