In re William M.
CourtSupreme Court of Connecticut
Date FiledDecember 19, 2012
DocketSC19019
JudgeRogers; Palmer; Zarella; Eveleigh; Espinosa
StatusPublished
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Full Opinion
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IN RE JUSSTICE W.*
(SC 19017)
IN RE HAKEEM A.
(SC 19018)
IN RE WILLIAM M.
(SC 19019)
IN RE JAHQUISE K.
(SC 19020)
IN RE JONATHAN S.
(SC 19021)
Rogers, C. J., and Palmer, Zarella, Eveleigh and Espinosa, Js.
Argued December 4, 2012—officially released December 19, 2012**
Nora R. Dannehy, deputy attorney general, with
whom were Benjamin Zivyon, assistant attorney gen-
eral, and, on the brief, George Jepsen, attorney general,
Gregory T. D’Auria, solicitor general, and Michael
Besso, assistant attorney general, for the appellant
(department of children and families).
James Jude Connolly, supervisory assistant public
defender, with whom was Christine Rapillo, director
of juvenile delinquency defense, for the appellees
(respondents).
Opinion
EVELEIGH, J. The primary issue in this consolidated
appeal1 is whether General Statutes (Sup. 2012) § 46b-
141 (a) (1) (A)2 permits a Superior Court judge to order
the commitment of a juvenile adjudged delinquent to
the department of children and families (department)
for a period of time less than eighteen months.3 On
appeal, the department asserts that the judgments of
the trial court4 ordering the respondents5 to be commit-
ted to the custody of the department for a period of
time of less than eighteen months were not authorized
by § 46b-141 (a) (1) (A) and were, therefore, improper.
We agree with the department and, accordingly, reverse
the judgments of the trial court in all five cases and
remand these matters for further proceedings.6
The record reveals the following undisputed facts
and procedural history. In re Jusstice W. involves a
matter in which, pursuant to a plea agreement, the
trial court rendered judgment adjudicating Jusstice W.
delinquent for a violation of probation on the ground
that he failed to obey the rules of his mother’s home. The
state informed the court that the parties had reached an
agreement and Jusstice W. was willing to enter a guilty
plea to one count of violation of probation with the
recommendation that he be committed to the depart-
ment for placement at the Connecticut Juvenile Train-
ing School (training school) for an indeterminate period
up to a maximum of one year. The court accepted the
agreement, rendered judgment adjudicating Jusstice W.
delinquent and ordered that he be committed to the
department for an indeterminate period of time up to a
maximum of twelve months. Thereafter, the department
filed a motion for reconsideration and to modify the
commitment order. After hearing argument on the
motion, the trial court denied the department’s motion.7
This appeal followed.
Likewise, in In re Hakeem A., the trial court, pursuant
to a plea agreement, convicted Hakeem A. of multiple
counts of violation of probation on the grounds that he
tested positive for marijuana and left his home without
parental permission. The state informed the court that
the parties had reached an agreement and that Hakeem
A. was willing to enter guilty pleas to two counts of
violation of probation with the recommendation that
he be committed to the department for an indeterminate
period of time up to one year. Thereafter, the trial court
rendered judgment adjudicating Hakeem A. delinquent
and ordered that he be committed to the department
for an indeterminate period of time up to a maximum
of twelve months for placement at the training school.
Thereafter, the department filed a motion for reconsid-
eration and to modify the commitment order. After
hearing argument on the motion, the trial court denied
the department’s motion. This appeal followed.
In In re William M., the trial court, pursuant to a
plea agreement, convicted William M. of larceny in the
third degree. The state informed the court that the par-
ties had entered into plea negotiations and William M.
was prepared to enter a guilty plea to the charge of
larceny in the third degree in exchange for the state
recommending a commitment of twelve months at the
training school. The court accepted the agreement, ren-
dered judgment adjudicating William M. delinquent and
ordered that he be committed to the department for
an indeterminate period of time up to twelve months.
Thereafter, the department filed a motion for reconsid-
eration and to modify the commitment order. Without
hearing argument on the motion, the trial court denied
the department’s motion. This appeal followed.
In In re Jahquise K., the trial court, pursuant to a
plea agreement, convicted Jahquise K. of breach of the
peace and use of a motor vehicle without the owner’s
permission. The state informed the court that the par-
ties had entered into plea negotiations and Jahquise K.
was prepared to enter a guilty plea in exchange for the
state recommending a commitment of twelve months.
The trial court rendered judgment adjudicating Jahquise
K. delinquent and ordered that the juvenile be commit-
ted to the department for an indeterminate period of
time up to twelve months. Thereafter, the department
filed a motion for reconsideration and to modify the
commitment order. After hearing argument on the
motion, the trial court denied the department’s motion.
This appeal followed.
In In re Jonathan S., the trial court, pursuant to a plea
agreement, rendered judgment adjudicating Jonathan S.
delinquent on the ground that he violated a court order
by engaging in assaultive behavior against a peer while
he was a resident at the Riverview Psychiatric Hospital
for Children. The state informed the court that the par-
ties had entered into plea negotiations and Jonathan S.
was prepared to enter a guilty plea on the charge of
violating a court order in exchange for a commitment
to the department for a period not to exceed six months
with placement at the training school. Thereafter, the
trial court rendered judgment adjudicating Jonathan S.
delinquent and ordered that the juvenile be committed
to the department for an indeterminate period of time
up to six months. It also ordered that there would be
no extension of that commitment and, attendant to that
additional order, did not canvass Jonathan S. regarding
the possibility of extension of commitment. Thereafter,
the department filed a motion for reconsideration and
to reopen and modify the plea canvass and then later
filed an amended motion for reconsideration and to
modify the commitment order. After hearing argument
on the motions, the trial court denied the department’s
motions. This appeal followed. The department also
filed a motion seeking the trial court to stay execution
of its judgment pending this appeal. The department
also filed, despite the trial court order specifically stat-
ing that there would be no extension of commitment,
a motion to extend the commitment. The trial court
heard oral argument on these motions, but has not yet
ruled on either one.
On appeal, the department asserts that § 46b-141 (a)
(1) (A) only authorizes a trial court, upon adjudicating
a juvenile as delinquent, to impose an indeterminate
commitment of eighteen months and does not authorize
a trial court to make a commitment for an indeterminate
period of time of less than eighteen months. Specifi-
cally, the department claims that it possesses the sole
authority to determine the length of a commitment
made pursuant to § 46b-141 (a) (1) (A) and that the trial
court does not possess discretion under that statute to
limit the maximum length of such a commitment to a
term of less than eighteen months. The department
further asserts that this reading of § 46b-141 (a) (1)
(A) is consistent with the rehabilitative purpose of the
statutory scheme governing the treatment of delinquent
juveniles in this state. The department also claims that
interpreting the statute in a manner that would allow
the trial court to reduce the maximum length of such
a commitment to a term of less than eighteen months
would create untenable and unworkable results.
In response, the respondents assert that § 46b-141
(a) (1) (A) authorizes a trial court to set the maximum
length of a commitment so long as it does not exceed
eighteen months. The respondents claim that this inter-
pretation of § 46b-141 (a) (1) (A) allows judges to exer-
cise judicial autonomy and discretion in issuing
dispositional orders in delinquency matters. The
respondents further assert that allowing trial courts to
commit a juvenile to the custody of the department for
an indeterminate period of time up to a maximum of
less than eighteen months promotes plea bargaining,
which is a necessary aspect of our juvenile justice sys-
tem. The respondents also claim that allowing the trial
court to limit such commitments in this manner is con-
sistent with the department’s goal of reducing the time
that juveniles spend in commitment. We agree with
the department.
At the outset, we set forth the standard of review.
The resolution of this appeal requires us to determine
whether § 46b-141 (a) (1) (A) allows a judge of the
Superior Court to render judgment adjudicating a juve-
nile delinquent and order that juvenile to be committed
for an indeterminate period of time up to a maximum
of less than eighteen months. This question presents
an issue of statutory interpretation over which our
review is plenary. See State ex rel. Gregan v. Koczur,
287 Conn. 145, 152, 947 A.2d 282 (2008). ‘‘In making
such determinations, we are guided by fundamental
principles of statutory construction. See General Stat-
utes § 1-2z;8 Testa v. Geressy, 286 Conn. 291, 308, 943
A.2d 1075 (2008) ([o]ur fundamental objective is to
ascertain and give effect to the apparent intent of the
legislature . . .).’’ (Internal quotation marks omitted.)
In re Matthew F., 297 Conn. 673, 688, 4 A.3d 248 (2010).
‘‘We recognize that terms in a statute are to be
assigned their ordinary meaning, unless context dic-
tates otherwise . . . .’’ (Internal quotation marks omit-
ted.) Wiseman v. Armstrong, 295 Conn. 94, 100, 989
A.2d 1027 (2010); see also General Statutes § 1-1 (a)
(‘‘[i]n the construction of the statutes, words and
phrases shall be construed according to the commonly
approved usage of the language’’). In addition, ‘‘[w]e
often have stated that, when the ordinary meaning [of
a word or phrase] leaves no room for ambiguity . . .
the mere fact that the parties advance different interpre-
tations of the language in question does not necessitate
a conclusion that the language is ambiguous.’’ (Internal
quotation marks omitted.) Picco v. Voluntown, 295
Conn. 141, 150, 989 A.2d 593 (2010).
We begin our analysis with the language of the stat-
ute. General Statutes (Sup. 2012) § 46b-141 (a) provides
in relevant part: ‘‘(1) Except as otherwise limited by
subsection (i) of section 46b-140 and subdivision (2) of
this subsection, commitment of children convicted as
delinquent by the Superior Court to the [department]
shall be for (A) an indeterminate time up to a maximum
of eighteen months . . . .’’
First, we note that the statute provides that the ‘‘com-
mitment of children convicted as delinquent . . . shall
be for (A) an indeterminate time up to a maximum
of eighteen months . . . .’’ (Emphasis added.) General
Statutes (Sup. 2012) § 46b-141 (a) (1). The use of the
term ‘‘shall’’ denotes a mandatory term, suggesting that
the terms of the commitment are provided by operation
of law and that the trial court does not have discretion
to alter those terms. See Hall Manor Owner’s Assn. v.
West Haven, 212 Conn. 147, 152–53, 561 A.2d 1373 (1989)
(when legislature has used word ‘‘shall,’’ ‘‘[i]f it is a
matter of convenience, the statutory provision is direc-
tory; if it is a matter of substance, the statutory provision
is mandatory’’).
Second, we also note that the phrase ‘‘an indetermi-
nate time up to a maximum of eighteen months’’ is
a complete phrase without any commas. This court
previously has recognized that, ‘‘[a]lthough punctuation
is not generally considered an immutable aspect of a
legislative enactment . . . it can be a useful tool for
discerning legislative intent.’’ (Citations omitted; inter-
nal quotation marks omitted.) State v. Rodriguez-
Roman, 297 Conn. 66, 76, 3 A.3d 783 (2010). The legisla-
ture’s decision not to set the phrase ‘‘up to a maximum
of eighteen months’’ apart from the phrase ‘‘an indeter-
minate time’’ indicates that it intended the mandatory
sentence to be for ‘‘an indeterminate time up to a maxi-
mum of eighteen months’’ and that the sentence be for
‘‘up to eighteen months’’ is as much a requirement of
the statute as that the sentence be for ‘‘an indetermi-
nate time.’’
The statute does not define the term ‘‘indeterminate.’’
In the absence of a definition of ‘‘indeterminate’’ in the
statute itself, ‘‘[w]e may presume . . . that the legisla-
ture intended [a word] to have its ordinary meaning in
the English language, as gleaned from the context of
its use.’’ (Internal quotation marks omitted.) Paul Dinto
Electrical Contractors, Inc. v. Waterbury, 266 Conn.
706, 725, 835 A.2d 33 (2003). The Merriam-Webster’s
Collegiate Dictionary (11th Ed. 2003) defines the term
‘‘indeterminate’’ as ‘‘not known in advance . . . .’’ The
foregoing strongly indicates that the legislature
intended a trial court to be required to enter an order
of commitment that was indeterminate, not known in
advance, but that could potentially be up to eighteen
months.9
‘‘[W]e are [also] guided by the principle that the legis-
lature is always presumed to have created a harmonious
and consistent body of law . . . . [T]his tenet of statu-
tory construction . . . requires us to read statutes
together when they relate to the same subject matter
. . . . Accordingly, [i]n determining the meaning of a
statute . . . we look not only at the provision at issue,
but also to the broader statutory scheme to ensure
the coherency of our construction.’’ (Internal quotation
marks omitted.) McCoy v. Commissioner of Public
Safety, 300 Conn. 144, 182, 12 A.3d 948 (2011).
We turn to General Statutes (Sup. 2012) § 46b-141 (b),
which provides in relevant part: ‘‘The Commissioner of
Children and Families may file a motion for an exten-
sion of the commitment as provided in subparagraph
(A) of subdivision (1) of subsection (a) of this section
beyond the eighteen-month period on the grounds that
such extension is for the best interest of the child or
the community. . . .’’ Accordingly, § 46b-141 (b) allows
the department to seek an extension of a commitment
beyond the eighteen month period provided in § 46b-
141 (a) (1) (A). Section 46b-141 (b), on its face, does
not allow for an extension of a commitment that is less
than eighteen months long. Furthermore, Practice Book
§ 31a-19 (a) has adopted the same ‘‘eighteen month’’
period to describe the maximum length of the otherwise
indeterminate commitment: ‘‘The commissioner . . .
of children and families may file a motion for an exten-
sion of a delinquency commitment beyond the eighteen
month . . . period . . . .’’ As the department con-
tends, if the legislature had intended to allow a trial
court to set a maximum length of commitment for less
than eighteen months, then subsection (b) of § 46b-141
likely would reflect this in its terms. It does not. Rather,
§ 46b-141 (b) refers to the same eighteen month period
provided for within § 46b-141 (a) (1) (A). As the depart-
ment also asserts, the language of § 46b-141 (b) strongly
suggests that the legislature did not intend to allow
for indeterminate commitments of less than eighteen
months. In response, the respondents assert that the
fact that a commitment of less than eighteen months
is not subject to extension under § 46b-141 (b) is not
determinative. The respondents assert that there is no
authority in this state’s statutes or case law that sup-
ports the position that every delinquency commitment
must be subject to an extension. We agree with the
department.
We are mindful that, ‘‘[i]n construing statutes, we
presume that there is a purpose behind every sentence,
clause, or phrase used in an act and that no part of a
statute is superfluous.’’ (Internal quotation marks omit-
ted.) AvalonBay Communities, Inc. v. Zoning Com-
mission, 280 Conn. 405, 422, 908 A.2d 1033 (2006). If
we were to conclude that § 46b-141 (a) (1) (A) allows
a trial court to order a commitment for an indeterminate
period of time up to a maximum of less than eighteen
months, we would be interpreting the statutory scheme
in a manner that would render § 46b-141 (b) superfluous
as to those cases. We refuse to adopt such an interpre-
tation.
Furthermore, ‘‘[i]t is a familiar principle of statutory
construction that where the same words are used in a
statute two or more times they will ordinarily be given
the same meaning in each instance . . . .’’ (Citation
omitted; internal quotation marks omitted.) In re Wil-
liam D., 284 Conn. 305, 320, 933 A.2d 1147 (2007), quot-
ing State v. Lutters, 270 Conn. 198, 211, 853 A.2d 434
(2004). ‘‘Ordinarily, where the legislature uses the same
phrase it intends the same meaning.’’ (Internal quota-
tion marks omitted.) Schiano v. Bliss Exterminating
Co., 260 Conn. 21, 41, 792 A.2d 835 (2002). It is clear
to us that the legislature used the term ‘‘eighteen
months’’ in the same manner in both § 46b-141 (a) (1)
(A) and (b). Under § 46b-141 (a) (1) (A), the initial
commitment is to run for an indeterminate period of
time up to a maximum of eighteen months. The exis-
tence of § 46b-141 (b), which provides the manner for
extending ‘‘the’’ eighteen month period presumes the
fact that the initial commitment ran for a period of time
not to exceed eighteen months. The court is then vested
with the discretion of whether to grant an additional
eighteen month period. If the court had the power to
initially order a commitment for an indeterminate
period of less than eighteen months, as the respondents
contend, the extension statute would more appropri-
ately read ‘‘any commitment period’’ instead of ‘‘the
eighteen month period.’’ Accordingly, we conclude that
§ 46b-141 (b) further supports our interpretation of
§ 46b-141 (a) (1) (A) as prohibiting a court from entering
an order of commitment for an indeterminate period
of time up to a maximum of less than eighteen months.
Turning to another statute on sentencing, we find
that the language of General Statutes § 53a-35, enacted
at a time when Connecticut allowed for indeterminate
sentences in the criminal law, is instructive as it relates
to wording which the legislature inserts when it wants
the court to have discretion regarding the maximum
length of indeterminate sentences. Subsection (a) of
§ 53a-35 provides as follows: ‘‘For any felony committed
prior to July 1, 1981, the sentence of imprisonment shall
be an indeterminate sentence, except as provided in
subsection (d). When such a sentence is imposed the
court shall impose a maximum term in accordance with
the provisions of subsection (b) and the minimum term
shall be as provided in subsection (c) or (d).’’ Subsec-
tion (b) of § 53a-35 provides in relevant part: ‘‘The maxi-
mum term of an indeterminate sentence shall be fixed
by the court and specified in the sentence as follows
. . . .’’ Under § 53a-35, the court is specifically author-
ized to fix the maximum term on an indeterminate sen-
tence. No similar authorization exists in § 46b-141 (a)
(1) (A).
Our conclusion that the commitment is for an indeter-
minate amount of time up to a maximum of eighteen
months is also in accord with both the legislative intent
and the statutory scheme involving juveniles. As we
have previously observed, ‘‘Connecticut’s juvenile jus-
tice system is designed to provide delinquent minors
with guidance and rehabilitation . . . .’’ (Citations
omitted.) In re Tyvonne M., 211 Conn. 151, 161, 558
A.2d 661 (1989). ‘‘The objective of juvenile court pro-
ceedings is to determin[e] the needs of the child and
of society rather than adjudicat[e] criminal conduct.
The objectives are to provide measures of guidance and
rehabilitation . . . not to fix criminal responsibility,
guilt and punishment.’’ (Internal quotation marks omit-
ted.) In re Christopher V., 207 Conn. 270, 274, 540 A.2d
700 (1988). ‘‘Thus the child found delinquent is not
perceived as a criminal guilty of one or more offenses,
but rather as a child in need of guidance and rehabilita-
tive services.’’ Id. ‘‘[T]he delinquency scheme as a whole
reflects the twin goals of protecting the community and
rehabilitating the juvenile . . . .’’ In re William D.,
supra, 284 Conn. 314. ‘‘It is clear . . . that the purpose
of the comprehensive statutory treatment of ‘juvenile
delinquents’ is clinical and rehabilitative, rather than
retributive or punitive.’’ In re Tyvonne M., supra, 160.
The two statutes that govern delinquency disposi-
tional orders are General Statutes (Sup. 2012) §§ 46b-
140 and 46b-141. General Statutes (Sup. 2012) § 46b-
140 (b) provides: ‘‘Upon conviction of a child as delin-
quent, the court: (1) May (A) place the child in the care
of any institution or agency which is permitted by law
to care for children; (B) order the child to participate
in an alternative incarceration program; (C) order the
child to participate in a wilderness school program
operated by the [department]; (D) order the child to
participate in a youth service bureau program; (E) place
the child on probation; (F) order the child or the parents
or guardian of the child or both to make restitution to
the victim of the offense in accordance with subsection
(d) of this section; (G) order the child to participate in
a program of community service in accordance with
subsection (e) of this section; or (H) withhold or sus-
pend execution of any judgment; and (2) shall impose
the penalty established in subsection (b) of section 30-
89, for any violation of said subsection (b).’’
When the trial court finds, however, that in a given
case ‘‘its probation services or other services available
to the court are not adequate for such child, the court
shall commit such child to the [department] in accor-
dance with the provisions of section 46b-141. Prior to
making such commitment, the court shall consult with
the department to determine the placement which will
be in the best interest of such child.’’ General Statutes
(Sup. 2012) § 46b-140 (f). Section 46b-140 also sets addi-
tional criteria that govern the scope of delinquency
commitment orders. See General Statutes (Sup. 2012)
§ 46b-140 (g) through (k). The next section, § 46b-141,
sets the period of a delinquency commitment that a
trial court shall order. That section provides for the
length of initial commitments to the department. Gen-
eral Statutes (Sup. 2012) § 46b-141. It also provides for
extensions of commitment, trial court review of delin-
quency permanency plans and the judicial opening and
terminating of commitments. General Statutes (Sup.
2012) § 46b-141 (b) through (e). Interpreting § 46b-141
(a) (1) (A) to mandate an indeterminate term up to
eighteen months furthers the purpose of allowing both
the department and the court to consider the best inter-
est of the child. Pursuant to § 46b-140 (f), once a court
finds that its available services for a juvenile are not
adequate, the trial court shall commit that juvenile to
the department. The discretion to order the commit-
ment is contained within the power of the court. Once
the court has determined, however, that its services
are not adequate, it looks to the department to furnish
services which are in the best interest of the child. See
General Statutes (Sup. 2012) § 46b-140 (f). Moreover,
the court orders the commitment after consultation
with the department in order to determine the best
interest of the child. See General Statutes (Sup. 2012)
§ 46b-140 (f). It is clear that, in this section, the legisla-
ture acknowledges the fact that, in some cases, the
department, which possesses more expertise and
resources than the trial court, must assume responsibil-
ity for a juvenile’s treatment and rehabilitation as long
as the trial court maintains an oversight function.10
The focus on treatment present in this state’s statu-
tory scheme does not support any interpretation of
§ 46b-141 (a) (1) (A) that would permit the initial maxi-
mum commitment to run for a period of less than eigh-
teen months. At the time that a juvenile is committed
to the department it is difficult, if not impossible, to
predict the amount of treatment required for the juve-
nile. Indeed, the statutory scheme allows both the court
and the department to terminate the commitment at any
time. General Statutes § 17a-10 (d) provides in relevant
part, that ‘‘[i]f the commissioner [of children and fami-
lies], or the board of review pursuant to the provisions
of section 17a-15, at any time during the commitment
of any child, determines that termination of commit-
ment of a child is in the best interest of such child, the
commissioner or the board may terminate the commit-
ment and such termination shall be effective without
further action by the court.’’ Therefore, § 17a-10 (d)
provides the department with the authority to deter-
mine the actual length of the otherwise indeterminate
commitment the legislature has capped at eighteen
months.
Likewise, a trial court retains jurisdiction over the
cases of committed juveniles. A trial court can require
reports from the department regarding the juvenile. See
General Statutes § 17a-10 (d); General Statutes (Sup.
2012) § 46b-140 (h). The trial court can also hear
motions to extend a commitment, to approve plans
regarding a commitment and to terminate a commit-
ment. See General Statutes (Sup. 2012) § 46b-141 (b)
through (e). Thus, depending upon the progress of each
juvenile, it is within both the discretion of the depart-
ment and the court to terminate the commitment at a
period of time short of the eighteen month limit.
Indeed, the interpretation of § 46b-141 (a) (1) (A)
urged upon us by the respondents would lead to both
absurd and unworkable results that would frustrate the
purposes of the delinquency statutes. This interpreta-
tion would allow for commitment orders of two weeks
or less. It is illogical for us to conclude that the legisla-
ture, which provided for commitments to the depart-
ment when ‘‘probation services or other services
available to the court are not adequate for [the] child’’;
General Statutes (Sup. 2012) § 46b-140 (f); would man-
date that the department assume responsibility for a
committed juvenile and then permit a trial court to limit,
in advance, the initial commitment period. It defies
common understanding that any person would have
the prescience to determine the amount of time that a
juvenile requires for treatment before the juvenile
begins the treatment program. Indeed, if a court has
already determined that probation or other services
available to it were not adequate for the child, a sugges-
tion that a limited period of treatment would be success-
ful, in many instances, represents nothing more than
an illusory folly. As we have often stated, ‘‘[w]e construe
a statute in a manner that will not . . . lead to absurd
results.’’ (Internal quotation marks omitted.) Raftopol
v. Ramey, 299 Conn. 681, 703, 12 A.3d 783 (2011).
Accordingly, we decline to construe § 46b-141 (a) (1)
(A) in the manner urged by the respondents.
In support of their claim that, contrary to our conclu-
sion, § 46b-141 (a) (1) (A) authorizes a judge to order
a commitment for an indeterminate period of time less
than eighteen months, the respondents point to § 46b-
141 (a) (1) (B). Pursuant to that provision, a trial court
may commit a serious juvenile offender ‘‘up to a maxi-
mum of four years at the discretion of the court . . . .’’
General Statutes (Sup. 2012) §46b-141 (a) (1) (B). The
respondents contend, therefore, that it is illogical to
read § 46b-141 (a) (1) (A) in a manner which requires
nonserious juvenile offender cases to result in a com-
mitment for an indeterminate period up to eighteen
months while more serious juvenile offender cases are
left to the judge’s discretion. The department responds
that a proper interpretation of the statute must be that
the judge, in considering a matter involving a serious
juvenile offender, has the discretion to order an indeter-
minate time up to a maximum of eighteen months or,
in the court’s discretion, an indeterminate time up to a
maximum of four years. We agree with the department.
General Statutes (Sup. 2012) § 46b-141 provides in
relevant part as follows: ‘‘(a) (1) Except as otherwise
limited by subsection (i) of section 46b-140 and subdivi-
sion (2) of this subsection, commitment of children
convicted as delinquent by the Superior Court to the
[department] shall be for (A) an indeterminate time up
to a maximum of eighteen months, or (B) when so
convicted for a serious juvenile offense, up to a maxi-
mum of four years at the discretion of the court, unless
extended as hereinafter provided. . . .’’
While § 46b-141 (a) (1) (B) may not be the model of
clarity, the interpretation suggested by the respondents
would lead to an absurd result. The legislature could
not have intended that the commitment for a serious
juvenile offender be less than a commitment for less
serious juvenile offenses. Such an interpretation defies
both logic and would be completely untenable. Mindful
of the fact that, when ‘‘more than one [statutory provi-
sion] is involved, we presume that the legislature
intended [those provisions] to be read together to create
a harmonious body of law . . . and we construe the
[provisions], if possible, to avoid conflict between
them.’’ (Internal quotation marks omitted.) Gipson v.
Commissioner of Correction, 257 Conn. 632, 651, 778
A.2d 121 (2001). We conclude that the legislature must
have intended to give a judge sentencing a juvenile for
a serious offense discretion to order a commitment for
a serious juvenile offender of either an indeterminate
time of up to eighteen months or an indeterminate time
up to a maximum of four years. The lack of the phrase
indeterminate time in subparagraph (B) coupled with
the lack of any other reference to time, suggests to us
that the indeterminate period of up to eighteen months
was to be a starting point for the indeterminate period
‘‘up to a maximum of four years . . . .’’ The absence
of the phrase ‘‘indeterminate time’’ in the discretion of
the court up to four years leads further import to the
interpretation we adopt herein. We note that the entire
General Statutes (Sup. 2012) § 46b-141 (a) provides as
follows: ‘‘(1) Except as otherwise limited by subsection
(i) of section 46b-140, and subdivision (2) of this subsec-
tion, commitment of children convicted as delinquent
by the Superior Court to the [department] shall be for
(A) an indeterminate time up to a maximum of eighteen
months, or (B) when so convicted for a serious juvenile
offense, up to a maximum of four years at the discretion
of the court., unless extended as hereinafter pro-
vided.’’11 We conclude that § 46b-141 (a) (1) must be
read to provide for an indeterminate time up to eighteen
months for a nonserious juvenile offender and an inde-
terminate time up to four years for a serious juvenile
offender. The absence of any modifying phrase in sub-
paragraph (b) of this section aids us in this interpreta-
tion. Subparagraph (A) expresses one complete
thought: an indeterminate time up to a maximum of
eighteen months. Subparagraph (B) however, leaves an
incomplete ‘‘up to a maximum of four years at the
discretion of the court . . . .’’ General Statutes (Sup.
2012) § 46b-141 (a) (1) (B). The addition of the phrase
‘‘an indeterminate time’’ up to four years contained in
subparagraph (A) completes the phrase in subpara-
graph (B). Due to the incomplete nature of the phrase
in subparagraph (B), we conclude that the phrase ‘‘an
indeterminate time’’ would seem to apply to both sub-
paragraphs, and would support a far more logical con-
struction than the one proposed by the respondents.
We also note the absence of the phrase ‘‘in the discre-
tion of the court’’ in § 46b-141 (a) (1) (A), although it
is present in the language contained in § 46b-141 (a)
(1) (B). Certainly, if the legislature had intended the
court to have discretion to order an indeterminate com-
mitment of less than eighteen months it knew how to
insert the language in the statute. As we have stated
previously herein, ‘‘it is a well settled principle of statu-
tory construction that the legislature knows how to
convey its intent expressly; e.g., Dept. of Public Safety
v. Freedom of Information Commission, 298 Conn.
703, 729, 6 A.3d 763 (2010); or to use broader or limiting
terms when it chooses to do so. See, e.g., Stitzer v.
Rinaldi’s Restaurant, 211 Conn. 116, 119, 557 A.2d 1256
(1989).’’ Scholastic Book Clubs, Inc. v. Commissioner
of Revenue Services, 304 Conn. 204, 219, 38 A.3d 1183,
cert. denied, U.S. , 133 S. Ct. 425, 184 L. Ed. 2d
255 (2012). Therefore, we conclude that ‘‘the discretion
of the court’’ referred to in General Statutes (Sup. 2012)
§ 46b-141 (a) (1) (B) is the discretion to order a commit-
ment for a serious juvenile offender for an indetermi-
nate time up to either eighteen months or four years.12
Our interpretation of § 46b-141 (a) (1) (B) is further
buttressed by the extension statute for serious juvenile
offenders. General Statutes (Sup. 2012) § 46b-141 (c)
provides in relevant part: ‘‘The court shall hold a perma-
nency hearing in accordance with subsection (d) of this
section for each child convicted as delinquent for a
serious juvenile offense as provided in subparagraph
(B) of subdivision (1) of subsection (a) of this section
within twelve months of commitment to the [depart-
ment] and every twelve months thereafter if the child
remains committed to the [department]. Such hearing
may include the submission of a motion to the court
by the commissioner to either (1) modify such commit-
ment, or (2) extend the commitment beyond such four-
year period on the grounds that such extension is for
the best interest of the child or the community. . . .
The court, after hearing, may modify such commitment
or, upon finding that such extension is in the best inter-
est of the child or the community, continue the commit-
ment for an additional period of not more than eighteen
months.’’ Thus, the statute refers to ‘‘such four year
period’’ for a serious juvenile offender. General Statutes
(Sup. 2012) § 46b-141 (c). It does not refer to any period
less than four years, and would seem to presume the
institution of the alternative serious juvenile offender
commitment of four years discussed previously. For a
juvenile who had received the four year serious juvenile
offender commitment, the court may then order an addi-
tional commitment of not more than eighteen months
if it is in the best interest of the juvenile or the commu-
nity. For a juvenile who had, in the discretion of the
court, received an initial commitment for an indetermi-
nate period of up to a maximum of eighteen months
for a serious juvenile offense, the court may then order
an additional commitment of not more than eighteen
months if it is in the best interest of the juvenile or
the community under § 46b-141 (b).13 Accordingly, we
reject the respondents’ assertion that § 46b-141 (a) (1)
(B) supports their position in the present appeal.
The respondents suggest that any interpretation of
the statute contrary to their own would affect judicial
autonomy and alter a judge’s discretion in issuing com-
mitment orders that either meet a juvenile’s individual
treatment needs or appropriately punish the juvenile.
We disagree. As we have explained previously herein, a
court has wide discretion in fashioning the appropriate
remedies for a juvenile convicted as delinquent. Section
46b-140 (b) affords the court various remedies ranging
from placement to community service. The court may
also order the suspension of any judgment. General
Statutes (Sup. 2012) § 46b-140 (b) (1) (H). Pursuant to
§ 46b-140 (f), one of the remedies for the court, along
with those contained within § 46b-140 (b) and (j), is
when the court finds that the probation services or
other services available to the court are not adequate for
such child, that the court may consider a commitment
to the department. The court has the power to order
updated reports on the status of the child and may
terminate the commitment at any time. Indeed, the stat-
utory scheme for delinquent juveniles allows the court
even more autonomy than a judge sitting in criminal
court, where judges may be compelled to impose man-
datory minimum sentences for some offenses. There-
fore, we reject the respondents’ suggestion that our
opinion today will curtail judicial autonomy.
We recognize that all of the commitments involved in
this consolidated appeal were the result of plea bargains
agreed to by the state and the respondents. The respon-
dents maintain that the use of plea bargaining has been
indispensable in resolving the vast majority of juvenile
cases that are processed. The respondents suggest that
our interpretation of the statute will curtail the ability
to plea bargain in juvenile court. We disagree. As we
explained previously herein, there are a number of dis-
positions available to the court short of commitment.
Plea bargains may be discussed regarding any of the
various dispositions, for example, type of placement,
terms of probation, restitution or community service.
See General Statutes (Sup. 2012) § 46b-140 (b). Further,
although the initial commitment is for an indeterminate
period up to a maximum of eighteen months, there is
nothing that prevents juveniles from entering a plea
bargain regarding the timing of any reports and motions
to terminate the commitment. It is within the discretion
of the trial court, for instance, to require updates at
frequent intervals in order to follow the juvenile’s prog-
ress and determine whether further commitment is war-
ranted. Moreover, there may be negotiations regarding
the appropriate placement for the child. Consequently,
we do not envision a sharp decline in the availability
of plea bargaining as the result of our opinion herein.
We next address the respondents’ assertion that the
trial court’s