CT
Connecticut Senate Bill SB00880

Connecticut 2019 Regular Session

Connecticut Senate Bill SB00880 Compare Versions

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7+General Assembly Substitute Bill No. 880
8+January Session, 2019
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4-Substitute Senate Bill No. 880
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6-Public Act No. 19-59
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914 AN ACT INCREASING FAIRNESS AND TRANSPARE NCY IN THE
1015 CRIMINAL JUSTICE SYSTEM.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. (NEW) (Effective July 1, 2019) (a) Not later than July 1,
15-2020, and annually thereafter, the Office of Policy and Management
16-shall make a presentation to the Criminal Justice Commission,
17-established under section 51-275a of the general statutes, as amended
18-by this act, on existing prosecutorial data, and report such presentation
19-in accordance with the provisions of section 11-4a of the general
20-statutes to the chairpersons and ranking members of the joint standing
21-committee of the General Assembly having cognizance of matters
22-relating to the judiciary and make such presentation publicly available
23-on the Internet web site of the Office of Policy and Management. The
24-Office of Policy and Management shall include in any such
25-presentation made on or after July 1, 2021, data described in subsection
26-(b) of this section.
27-(b) Not later than February 1, 2021, and annually thereafter, the
28-Division of Criminal Justice, in consultation with the Judicial Branch,
29-the Department of Correction and the Criminal Justice Information
30-System Governing Board, established under section 54-142 of the
31-general statutes, shall provide to the Office of Policy and Management Substitute Senate Bill No. 880
19+Section 1. (NEW) (Effective July 1, 2019) (a) Not later than July 1, 1
20+2020, and annually thereafter, the Office of Policy and Management 2
21+shall make a presentation to the Criminal Justice Commission, 3
22+established under section 51-275a of the general statutes, on existing 4
23+prosecutorial data, and report such presentation in accordance with 5
24+the provisions of section 11-4a of the general statutes to the 6
25+chairpersons and ranking members of the joint standing committee of 7
26+the General Assembly having cognizance of matters relating to the 8
27+judiciary and make such presentation publicly available on the Internet 9
28+web site of the Office of Policy and Management. The Office of Policy 10
29+and Management shall include in any such presentation made on or 11
30+after July 1, 2021, data described in subsection (b) of this section. 12
31+(b) Not later than February 1, 2021, and annually thereafter, the 13
32+Division of Criminal Justice, in consultation with the Judicial Branch, 14
33+the Department of Correction and the Criminal Justice Information 15
34+System Governing Board, established under section 54-142 of the 16
35+general statutes, shall provide to the Office of Policy and Management 17
36+data collected under section 2 of this act for the previous calendar year. 18 Substitute Bill No. 880
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33-Public Act No. 19-59 2 of 5
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35-data collected under section 2 of this act for the previous calendar year.
36-Sec. 2. (NEW) (Effective July 1, 2019) (a) The Division of Criminal
37-Justice, in consultation with the Judicial Branch, the Department of
38-Correction and the Criminal Justice Information System Governing
39-Board, established under section 54-142 of the general statutes, shall
40-collect for the purposes of section 1 of this act disaggregated, case level
41-data by docket number pertaining to defendants who are eighteen
42-years of age or older at the time of the commission of an alleged
43-offense under each of the categories described in subdivisions (1) to
44-(13), inclusive, of this subsection, as follows:
45-(1) Arrests, including data on citations, summonses, custody arrests,
46-warrants and on-site arrests;
47-(2) Arraignments of individuals in custody;
48-(3) Continuances;
49-(4) Diversionary programs, including data on program applications,
50-program diversions, successful completions by defendants of such
51-programs, failures by defendants to complete such programs and
52-people in diversion on the first of the month;
53-(5) Contact between victims and prosecutorial officials, including
54-data on cases involving victims;
55-(6) Dispositions, including data on pending cases and cases
56-disposed of;
57-(7) Nonjudicial sanctions, including data on nonjudicial sanctions
58-applied, successful completion of nonjudicial sanctions, failure of
59-nonjudicial sanctions and persons on nonjudicial sanction status on the
60-first of the month;
61-(8) Plea agreements, including data on total plea agreements, Substitute Senate Bill No. 880
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43+Sec. 2. (NEW) (Effective July 1, 2019) (a) The Division of Criminal 19
44+Justice, in consultation with the Judicial Branch, the Department of 20
45+Correction and the Criminal Justice Information System Governing 21
46+Board, established under section 54-142 of the general statutes, shall 22
47+collect for the purposes of section 1 of this act disaggregated, case level 23
48+data by docket number pertaining to defendants who are eighteen 24
49+years of age or older at the time of the commission of an alleged 25
50+offense under each of the categories described in subdivisions (1) to 26
51+(13), inclusive, of this subsection, as follows: 27
52+(1) Arrests, including data on citations, summonses, custody arrests, 28
53+warrants and on-site arrests; 29
54+(2) Arraignments of individuals in custody; 30
55+(3) Continuances; 31
56+(4) Diversionary programs, including data on program applications, 32
57+program diversions, successful completions by defendants of such 33
58+programs, failures by defendants to complete such programs and 34
59+people in diversion on the first of the month; 35
60+(5) Contact between victims and prosecutorial officials, including 36
61+data on cases involving victims; 37
62+(6) Dispositions, including data on pending cases and cases 38
63+disposed of; 39
64+(7) Nonjudicial sanctions, including data on nonjudicial sanctions 40
65+applied, successful completion of nonjudicial sanctions, failure of 41
66+nonjudicial sanctions and persons on nonjudicial sanction status on the 42
67+first of the month; 43
68+(8) Plea agreements, including data on total plea agreements, 44
69+agreements involving probation, agreements involving prison, other 45
70+agreements and prosecutor's last best offer; 46 Substitute Bill No. 880
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65-agreements involving probation, agreements involving prison, other
66-agreements and prosecutor's last best offer;
67-(9) Cases going to trial, including data on cases added per month,
68-pending trial cases, plea offers accepted by the court per month, plea
69-offers rejected by the court per month, disposition by trial, disposition
70-involving probation, disposition involving prison and other
71-dispositions;
72-(10) Demographics, including data on race, sex, ethnicity and age;
73-(11) Court fees or fines, including those imposed by the court at the
74-disposition of the defendant's case and any outstanding balance the
75-defendant may have on such fees or fines;
76-(12) Restitution amounts ordered pursuant to subsection (c) of
77-section 53a-28 of the general statutes, including any amount collected
78-by the court and any amount paid to a victim; and
79-(13) The zip code of the defendant's primary residence.
80-(b) No information collected under this section that personally
81-identifies a victim may be disclosed under section 1 of this act.
82-Sec. 3. (NEW) (Effective July 1, 2019) The Chief Public Defender shall,
83-within available appropriations, establish a pilot program to provide
84-representation to persons at parole revocation hearings. Not later than
85-January 1, 2021, and annually thereafter, the Chief Public Defender
86-shall submit a report to the Secretary of the Office of Policy and
87-Management on cases served as part of such program during the prior
88-calendar year. Such report shall aggregate information, including, but
89-not limited to, the number of public defenders funded through the
90-pilot program, the number of preliminary hearings and final parole
91-revocation hearings served by such public defenders and the
92-associated outcomes of such hearings. Substitute Senate Bill No. 880
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96-Sec. 4. (NEW) (Effective July 1, 2019) Not later than January 1, 2021,
97-and annually thereafter, the Board of Pardons and Paroles shall report
98-to the Secretary of the Office of Policy and Management and make
99-available on its Internet web site the following information:
100-(1) Outcomes of preliminary hearings, including whether (A)
101-probable cause of a parole violation was found and that the alleged
102-violation was serious enough to warrant revocation of parole, (B)
103-probable cause of a parole violation was found, but the alleged
104-violation was not serious enough to warrant revocation, and (C) no
105-probable cause of a parole violation was found;
106-(2) The number of (A) individuals remanded to the custody of the
107-Department of Correction for criminal and technical violations, and (B)
108-individuals held in custody beyond a preliminary hearing pending a
109-final parole revocation hearing;
110-(3) Outcomes of final parole revocation hearings, including whether
111-there was a recommendation to (A) reinstate parole, or (B) revoke
112-parole; and
113-(4) Case level data on demographics, including data on race, sex,
114-ethnicity and age.
115-Sec. 5. Section 51-275a of the general statutes is repealed and the
116-following is substituted in lieu thereof (Effective October 1, 2019):
117-(a) There is established a Criminal Justice Commission which shall
118-be composed of the Chief State's Attorney and six members nominated
119-by the Governor and appointed by the General Assembly in
120-accordance with section 4-2, two of whom shall be judges of the
121-Superior Court.
122-(b) The chairman shall be appointed by the Governor. Substitute Senate Bill No. 880
77+(9) Cases going to trial, including data on cases added per month, 47
78+pending trial cases, plea offers accepted by the court per month, plea 48
79+offers rejected by the court per month, disposition by trial, disposition 49
80+involving probation, disposition involving prison and other 50
81+dispositions; 51
82+(10) Demographics, including data on race, sex, ethnicity and age; 52
83+(11) Court fees or fines, including those imposed by the court at the 53
84+disposition of the defendant's case and any outstanding balance the 54
85+defendant may have on such fees or fines; 55
86+(12) Restitution amounts ordered pursuant to subsection (c) of 56
87+section 53a-28 of the general statutes, including any amount collected 57
88+by the court and any amount paid to a victim; and 58
89+(13) The zip code of the defendant's primary residence. 59
90+(b) No information collected under this section that personally 60
91+identifies a victim may be disclosed under section 1 of this act. 61
92+Sec. 3. (NEW) (Effective July 1, 2019) The Chief Public Defender shall, 62
93+within available appropriations, establish a pilot program to provide 63
94+representation to persons at parole revocation hearings. Not later than 64
95+January 1, 2021, and annually thereafter, the Chief Public Defender 65
96+shall submit a report to the Secretary of the Office of Policy and 66
97+Management on cases served as part of such program during the prior 67
98+calendar year. Such report shall aggregate information, including, but 68
99+not limited to, the number of public defenders funded through the 69
100+pilot program, the number of preliminary hearings and final parole 70
101+revocation hearings served by such public defenders and the 71
102+associated outcomes of such hearings. 72
103+Sec. 4. (NEW) (Effective July 1, 2019) Not later than January 1, 2021, 73
104+and annually thereafter, the Board of Pardons and Paroles shall report 74
105+to the Secretary of the Office of Policy and Management and make 75
106+available on its Internet web site the following information: 76 Substitute Bill No. 880
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126-(c) Members shall serve without compensation but shall be
127-reimbursed for actual expenses incurred while engaged in the duties of
128-the commission.
129-(d) The commission shall post notices concerning the time, date and
130-place of meetings of the commission on an Internet web site operated
131-by the commission.
132-(e) Any meeting of the commission held pursuant to section 51-278
133-or section 51-278b, the sole purpose of which is to appoint, reappoint,
134-remove or otherwise discipline the Chief State's Attorney, a deputy
135-chief state's attorney or a state's attorney, shall be held in the
136-Legislative Office Building and shall include an opportunity for public
137-testimony.
138-[(d)] (f) The commission may adopt such rules as it deems necessary
139-for the conduct of its internal affairs.
140-[(e)] (g) The commission may adopt regulations in accordance with
141-chapter 54 to carry out its responsibilities under this chapter.
142-[(f)] (h) The commission shall be within the Division of Criminal
143-Justice. Said division shall provide staff support for the commission.
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113+(1) Outcomes of preliminary hearings, including whether (A) 77
114+probable cause of a parole violation was found and that the alleged 78
115+violation was serious enough to warrant revocation of parole, (B) 79
116+probable cause of a parole violation was found, but the alleged 80
117+violation was not serious enough to warrant revocation, and (C) no 81
118+probable cause of a parole violation was found; 82
119+(2) The number of (A) individuals remanded to the custody of the 83
120+Department of Correction for criminal and technical violations, and (B) 84
121+individuals held in custody beyond a preliminary hearing pending a 85
122+final parole revocation hearing; 86
123+(3) Outcomes of final parole revocation hearings, including whether 87
124+there was a recommendation to (A) reinstate parole, or (B) revoke 88
125+parole; and 89
126+(4) Case level data on demographics, including data on race, sex, 90
127+ethnicity and age. 91
128+This act shall take effect as follows and shall amend the following
129+sections:
130+
131+Section 1 July 1, 2019 New section
132+Sec. 2 July 1, 2019 New section
133+Sec. 3 July 1, 2019 New section
134+Sec. 4 July 1, 2019 New section
135+
136+JUD Joint Favorable Subst.
137+APP Joint Favorable
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