General Assembly Substitute Bill No. 1222
January Session, 2011 *_____SB01222APP___051111____*
General Assembly
Substitute Bill No. 1222
January Session, 2011
*_____SB01222APP___051111____*
AN ACT ESTABLISHING A TASK FORCE TO STUDY INCARCERATION OF CHILD SUPPORT OBLIGORS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (Effective from passage) (a) There is established a task force to study:
(1) (A) The frequency of incarceration of child support obligors pursuant to contempt orders under subdivision (8) of subsection (a) of section 17b-745 of the general statutes, subdivision (6) of subsection (a) of section 46b-171 of the general statutes, subdivision (8) of subsection (a) of section 46b-215 of the general statutes, and subdivision (7) of subsection (m) of section 46b-231 of the general statutes, and (B) the circumstances that result in such incarceration;
(2) Alternatives to incarceration of child support obligors that are feasible and cost effective to the state;
(3) The feasibility and cost effectiveness of (A) referring unemployed and underemployed child support obligors to job training programs as an alternative to incarceration, and (B) establishing a tax credit for employers who hire unemployed and underemployed child support obligors upon referral from a judge or family support magistrate;
(4) The effectiveness of job referral programs for child support obligors that have been implemented in other jurisdictions; and
(5) The limitations that should be imposed, if any, on the duration of incarceration for child support obligors who remain unable to meet their support obligations after a period of incarceration.
(b) The task force may hold public hearings or seek input through other means from members of the public regarding the matters described in subdivisions (1) to (5), inclusive, of subsection (a) of this section.
(c) Not later than January 15, 2012, the task force shall develop recommendations regarding the matters described in subdivisions (1) to (5), inclusive, of subsection (a) of this section. To the extent feasible, such recommendations shall be developed to ensure that incarceration of a child support obligor:
(1) Is more effective than other available remedies at ensuring that the obligor meets his or her support obligation;
(2) Is reasonably cost effective, and that the cost of incarceration does not exceed the amount of the support obligation at the time incarceration is ordered plus the amount of additional support obligations anticipated to accrue during such incarceration;
(3) Is ordered due to the obligor's wilful refusal to pay from resources available to the obligor, or the obligor's wilful refusal to seek, accept or maintain employment, and that any such wilful refusal is determined on the basis of evidence and the burden of proof recommended by the task force; and
(4) Is reasonable considering the obligor's health status at the time such incarceration is ordered, and will not jeopardize the obligor's health.
(d) The task force shall consist of the following members:
(1) The chairpersons, vice-chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, or their designees;
(2) The Chief Court Administrator, or the Chief Court Administrator's designee;
(3) The Attorney General, or the Attorney General's designee;
(4) The Secretary of the Office of Policy and Management, or the secretary's designee;
(5) The Commissioner of Correction, or the commissioner's designee; and
(6) The Labor Commissioner, or the commissioner's designee.
(e) Any member of the task force designated under subdivision (1) of subsection (d) of this section may be a member of the General Assembly.
(f) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(g) The members of the task force shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(h) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary shall serve as administrative staff of the task force.
(i) Not later than January 15, 2012, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 15, 2012, whichever is later.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
New section
APP Joint Favorable Subst.
APP
Joint Favorable Subst.