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General Assembly Raised Bill No. 267
February Session, 2020
LCO No. 2048
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT ESTABLISHING A DEPARTMENT OF CIVILIAN JUSTICE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective January 1, 2021) (a) There is established a 1
Department of Civilian Justice, which shall be under the direction and 2
supervision of a Commissioner of Civilian Justice appointed by the 3
Governor in accordance with the provisions of sections 4-5 to 4-8, 4
inclusive, of the general statutes, as amended by this act, with the 5
powers and duties prescribed in said sections. A commissioner may be 6
reappointed but may not serve as commissioner for more than eight 7
years, except as provided in section 4-6 of the general statutes. 8
(b) (1) There is established within the department an investigative 9
unit. There shall be a deputy commissioner for investigative operations, 10
who shall be appointed by the commissioner to supervise and direct 11
such unit. The deputy commissioner for investigative operations shall 12
have professional training in investigations and at least five years of 13
managerial and practical experience in matters relating to 14
investigations. The deputy commissioner for investigative operations 15
shall, within available resources, hire and supervise investigative 16 Raised Bill No. 267
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supervisors and investigators, provided such investigative supervisors 17
and investigators are not law enforcement officers. 18
(2) There is established within the department an adjudicatory unit. 19
There shall be a deputy commissioner for adjudicatory operations, who 20
shall be appointed by the commissioner to supervise and direct such 21
unit. The deputy commissioner for adjudicatory operations shall be an 22
attorney-at-law and have at least five years of managerial and practical 23
experience in judicial or administrative adjudications. The deputy 24
commissioner for adjudicatory operations shall supervise the 25
department's adjudicatory unit and shall, within available resources, 26
hire and supervise hearing officers. 27
Sec. 2. (NEW) (Effective January 1, 2021) (a) As used in this section and 28
sections 3 to 9, inclusive, of this act: 29
(1) "Department" means the Department of Civilian Justice 30
established in section 1 of this act; 31
(2) "Employing agency" means (A) for a state police officer, the 32
Division of State Police within the Department of Emergency Services 33
and Public Protection, and (B) for a municipal police officer, the 34
municipal police department employing the officer; and 35
(3) "Police officer" means a state or municipal police officer. 36
(b) The department shall have the following duties and powers: 37
(1) To receive and investigate complaints from a police officer 38
alleging misconduct by another police officer in the performance of the 39
officer's duties; 40
(2) To review records and files of a police officer who is under 41
investigation pursuant to this section or sections 3 to 9, inclusive, of this 42
act and to issue subpoenas as necessary to conduct such an 43
investigation; 44
(3) To conduct adjudicatory proceedings in accordance with chapter 45 Raised Bill No. 267
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54 of the general statutes, and during such proceedings administer 46
oaths, examine witnesses, receive oral and documentary evidence and 47
issue subpoenas to compel the attendance of witnesses and the 48
production of documents a hearing officer deems relevant, under 49
procedural rules the department shall adopt as regulations in 50
accordance with chapter 54 of the general statutes; 51
(4) To consult with the Chief State's Attorney or the Attorney General 52
on any matter the department deems appropriate; 53
(5) To consult with the United States Department of Justice and the 54
United States Attorney for the district of Connecticut on any 55
investigation; 56
(6) To impose discipline on a police officer found in an adjudicatory 57
proceeding to have committed misconduct in the performance of the 58
officer's duties in violation of any provision of the general statutes, the 59
regulations of Connecticut state agencies, an ordinance or a policy of the 60
employing agency; 61
(7) To issue a cease and desist order related to a finding of misconduct 62
in violation of any provision of the general statutes, the regulations of 63
Connecticut state agencies, an ordinance or a policy of an employing 64
agency by a police officer or an employing agency and to take 65
reasonable actions necessary to compel compliance with such provision 66
of the general statutes, the regulations of Connecticut state agencies, an 67
ordinance or a policy of the employing agency; 68
(8) To refer to the Attorney General evidence for injunctive relief and 69
any other ancillary equitable relief relating to a violation of any 70
provision of the general statutes, the regulations of Connecticut state 71
agencies, an ordinance or a policy of an employing agency; 72
(9) To refer to the Chief State's Attorney evidence of a criminal 73
violation of the general statutes by a police officer; 74
(10) To conduct outreach to communities throughout the state to 75 Raised Bill No. 267
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inform the public about the department's services and complaint 76
procedures; 77
(11) To enter into such contractual agreements as may be necessary 78
for the discharge of its duties; and 79
(12) To adopt regulations in accordance with chapter 54 of the general 80
statutes to establish any procedures necessary for receiving, 81
investigating and adjudicating complaints regarding misconduct by a 82
police officer. 83
(c) Department investigators shall investigate complaints in an 84
impartial manner and shall not be unduly influenced by an employing 85
agency or any other agency of the state or a political subdivision of the 86
state. 87
(d) Hearing officers shall conduct adjudication proceedings 88
regarding complaints in an impartial manner and shall not be affiliated 89
with or unduly influenced by an employing agency or any other agency 90
of the state or a political subdivision of the state. 91
Sec. 3. (NEW) (Effective January 1, 2021) (a) As used in sections 2 to 8, 92
inclusive, of this act, "complaint" means a complaint filed by a police 93
officer or initiated by the department under subsection (e) of section 6 94
of this act alleging misconduct by another police officer in the 95
performance of the officer's duties in violation of any provision of the 96
general statutes, the regulations of Connecticut state agencies, an 97
ordinance or a policy of the employing agency. 98
(b) Any police officer may file a complaint with the department, 99
provided the misconduct alleged in the complaint occurred within the 100
six months preceding the date of the complaint's filing, unless the 101
deputy commissioner for investigative operations finds good cause to 102
excuse delay in filing. The officer need not be a witness to or victim of 103
the alleged misconduct. The department's investigative unit shall 104
investigate each complaint received under this subsection. An 105
investigator shall complete an initial investigation not later than 106 Raised Bill No. 267
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fourteen days after receiving a complaint. After such initial 107
investigation, the deputy commissioner for investigative operations 108
shall: 109
(1) Issue a final decision ordering the complaint dismissed: (A) For 110
failure to state a claim within the department's jurisdiction; (B) as 111
untimely, if the complaint involves an incident that occurred more than 112
six months prior to the complaint's filing date, unless there is good cause 113
to excuse the delay in filing; (C) as frivolous, vexatious or made in bad 114
faith; or (D) as more appropriate for another agency to investigate and 115
resolve; 116
(2) Order the investigation of the complaint suspended until (A) the 117
conclusion of a criminal investigation, or (B) the filing of a report at the 118
conclusion of an investigation conducted pursuant to section 51-277a of 119
the general statutes; 120
(3) Order the complaint referred to the relevant employing agency for 121
investigation and resolution; or 122
(4) Order the investigation of the complaint to continue. 123
(c) The department shall inform the complainant, subject of the 124
complaint and employing agency of the order of the deputy 125
commissioner under subsection (b) of this section and the reasons for 126
the order. 127
(d) (1) If the deputy commissioner for investigative operations orders 128
the investigation to continue pursuant to subdivision (4) of subsection 129
(b) of this section, the complaint investigator shall resume the 130
investigation and the deputy commissioner shall order the complaint 131
placed on the docket of the adjudicatory unit. 132
(2) The department may resolve a complaint at any stage by 133
stipulation, agreed settlement or consent order, if the deputy 134
commissioner for investigative operations determines that the 135
complaint alleges misconduct that is not of a serious nature. 136 Raised Bill No. 267
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(3) An investigator may require the production of documents, data or 137
other information relevant to the investigation. Personnel of an 138
employing agency shall, upon request, provide reasonable assistance to 139
the investigator, including assistance as necessary to allow the 140
investigator to understand any document, data or information is 141
relevant to the investigation. 142
Sec. 4. (NEW) (Effective January 1, 2021) (a) Not later than thirty days 143
after a complaint is filed under section 3 of this act, a hearing officer in 144
the adjudicatory unit shall hold a hearing on the complaint to determine 145
if there is probable cause that a police officer committed misconduct in 146
violation of any provision of the general statutes, the regulations of 147
Connecticut state agencies, an ordinance or a policy of the employing 148
agency. 149
(b) If the hearing officer does not find probable cause, the hearing 150
officer shall order the complaint dismissed and inform the complainant, 151
subject of the complaint and employing agency of the order. 152
(c) If the hearing officer finds probable cause, the case shall proceed 153
as a contested case, and the officer who is the subject of the complaint 154
shall have a right to a hearing and a right to appeal, in accordance with 155
chapter 54 of the general statutes. 156
Sec. 5. (NEW) (Effective January 1, 2021) (a) If a person refuses to 157
comply with a subpoena issued pursuant to a department investigation 158
or adjudication or to testify with respect to a matter upon which the 159
person may be lawfully interrogated, the superior court for the judicial 160
district of Hartford, on application of the department, may issue an 161
order requiring such person to comply with such subpoena or to testify, 162
as the case may be. Any person who fails to obey such order of the court 163
may be punished by the court as for contempt thereof. 164
(b) To the extent that the department is involved in the investigation 165
of an alleged criminal violation of any provision of the general statutes 166
by a police officer in the performance of the officer's duties, the 167
department shall be deemed a law enforcement agency for purposes of 168 Raised Bill No. 267
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subdivision (3) of subsection (b) of section 1-210 of the general statutes, 169
provided nothing in this section shall be construed to exempt the 170
department in any other respect from the requirements of the Freedom 171
of Information Act, as defined in section 1-200 of the general statutes. 172
Sec. 6. (NEW) (Effective January 1, 2021) (a) If a hearing officer finds 173
that a police officer who is the subject of a complaint committed 174
misconduct in the performance of the officer's duties in violation of any 175
provision of the general statutes, the regulations of Connecticut state 176
agencies, an ordinance or a policy of the employing agency, the hearing 177
officer shall issue a final decision and may order the police officer: 178
(1) Dismissed from employment at the officer's employing agency 179
immediately, or dismissed within a specified period of time, not to 180
exceed seven days, unless the officer resigns or retires; 181
(2) Demoted by the officer's employing agency, in a manner and for 182
a specified period of time not to exceed one year; 183
(3) Suspended, with or without pay, for a specified period of time not 184
to exceed thirty days; 185
(4) To forfeit up to three days of pay; 186
(5) Reprimanded, orally or in writing; 187
(6) To attend counseling, a treatment program, additional training or 188
any other relevant program or activity; or 189
(7) To be subject to any combination of discipline under subdivisions 190
(2) to (6), inclusive, of this subsection. 191
(b) The department's authority to impose discipline on a police officer 192
shall be in addition to the authority of an employing agency, licensing 193
authority or other entity with authority over such person under the 194
general statutes, the regulations of Connecticut state agencies, an 195
ordinance, a policy of the employing agency or a collective bargaining 196
agreement. 197 Raised Bill No. 267
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(c) (1) If a police officer is dismissed or resigns pending dismissal 198
pursuant to an order under subdivision (1) of subsection (a) of this 199
section, the officer shall be (A) prohibited from employment as a police 200
officer, if the hearing officer finds that the police officer committed 201
malfeasance or serious misconduct calling into question the police 202
officer's fitness to serve as a police officer, or (B) prohibited from 203
employment as a police officer for five years following the date of 204
dismissal or resignation, if such police officer's conduct was not 205
malfeasance or serious misconduct. 206
(2) If a police officer, who is the subject of a complaint, resigns or 207
retires before proceedings on the complaint conclude, the department 208
shall terminate the proceedings. The department shall reinstate the 209
proceedings if the person is reemployed as a police officer and such 210
reemployment occurs (A) at any time, if the officer allegedly committed 211
malfeasance or serious misconduct calling into question the officer's 212
fitness to serve as a police officer, or (B) within five years following the 213
date of resignation or retirement, if such officer's conduct was not 214
malfeasance or serious misconduct. 215
(d) Upon the refusal of any person to comply with an order of the 216
department issued pursuant to this section, the superior court for the 217
judicial district of Hartford, on application of the department, may issue 218
a further order to comply. Any person who fails to obey such further 219
order may be punished by the court as for contempt thereof. 220
(e) The department may initiate a complaint for investigation under 221
section 3 of this act or for referral to an employing agency if (1) a police 222
officer obstructed a department investigation or adjudicatory 223
proceeding, (2) a police officer retaliated against another officer for filing 224
a complaint with the department, or (3) the department's investigation 225
of a complaint indicates that another police officer may have committed 226
misconduct in the performance of the officer's duties in violation of any 227
provision of the general statutes, the regulations of Connecticut state 228
agencies, an ordinance or a policy of the employing agency. 229 Raised Bill No. 267
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(f) If the department's investigation of a complaint identifies an issue 230
of a systemic nature in an employing agency, the department may make 231
recommendations to the agency to address the issue, refer the matter to 232
the Chief State's Attorney for a criminal investigation or submit 233
recommendations to the General Assembly for legislative changes to 234
address the issue. 235
(g) The department shall publish on the department's Internet web 236
site data on the disposition of each complaint received. 237
Sec. 7. (NEW) (Effective January 1, 2021) (a) If a police officer files a 238
complaint with an employing agency or the department refers a 239
complaint to the employing agency, the employing agency shall inform 240
the officer of the department's complaint process under the provisions 241
of sections 2 to 9, inclusive, of this act. The employing agency shall 242
conduct an investigation of such complaint. If the employing agency 243
determines that the department would be better suited to investigate the 244
complaint or the employing agency cannot resolve the complaint within 245
thirty days of filing, the employing agency shall forward the complaint 246
to the department. If the employing agency investigates and resolves a 247
complaint and the officer who filed the complaint is not satisfied with 248
the resolution, the officer may refile the complaint with the department. 249
(b) An employing agency shall report to the department on the 250
disposition of each complaint received from a police officer by the 251
employing agency. 252
Sec. 8. (NEW) (Effective January 1, 2021) (a) The department shall make 253
information about its complaint process available to the public, 254
including on its Internet web site. The department shall conduct 255
outreach activities and assist police officers and employing agency 256
personnel in understanding the complaint process. 257
(b) Not later than January 1, 2022, and annually thereafter, the 258
department shall submit a report, in accordance with the provisions of 259
section 11-4a of the general statutes, to the joint standing committee of 260
the General Assembly having cognizance of matters relating to public 261 Raised Bill No. 267
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safety and security. Such report shall include a description of the 262
department's activities in the past year and data on complaints received 263
and their disposition. 264
Sec. 9. (NEW) (Effective January 1, 2021) (a) The provisions of sections 265
2 to 8, inclusive, of this act shall not be applicable to any complaint 266
against a police officer who is covered by a collective bargaining 267
agreement that (1) governs the investigation and discipline of such 268
person, and (2) is in effect on January 1, 2021. 269
(b) Each collective bargaining agreement covering a police officer that 270
is entered into, amended, revised or renewed after January 1, 2021, (1) 271
shall contain a provision that incorporates the provisions of sections 2 272
to 8, inclusive, of this act governing the investigation and discipline of 273
such police officers; and (2) may not alter the provisions of sections 2 to 274
8, inclusive, of this act. 275
Sec. 10. Section 4-5 of the 2020 supplement to the general statutes is 276
repealed and the following is substituted in lieu thereof (Effective January 277
1, 2021): 278
As used in sections 4-6, 4-7 and 4-8, the term "department head" 279
means Secretary of the Office of Policy and Management, Commissioner 280
of Administrative Services, Commissioner of Revenue Services, 281
Banking Commissioner, Commissioner of Children and Families, 282
Commissioner of Consumer Protection, Commissioner of Correction, 283
Commissioner of Economic and Community Development, State Board 284
of Education, Commissioner of Emergency Services and Public 285
Protection, Commissioner of Energy and Environmental Protection, 286
Commissioner of Agriculture, Commissioner of Public Health, 287
Insurance Commissioner, Labor Commissioner, Commissioner of 288
Mental Health and Addiction Services, Commissioner of Social Services, 289
Commissioner of Developmental Services, Commissioner of Motor 290
Vehicles, Commissioner of Transportation, Commissioner of Veterans 291
Affairs, Commissioner of Housing, Commissioner of Aging and 292
Disability Services, the Commissioner of Early Childhood, the 293 Raised Bill No. 267
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Commissioner of Civilian Justice, the executive director of the Office of 294
Military Affairs, the executive director of the Office of Health Strategy 295
and the executive director of the Technical Education and Career 296
System. As used in sections 4-6 and 4-7, "department head" also means 297
the Commissioner of Education. 298
Sec. 11. Section 4-5 of the 2020 supplement to the general statutes, as 299
amended by section 6 of public act 17-237, section 279 of public act 17-2 300
of the June special session, section 20 of public act 18-182 and section 283 301
of public act 19-117, is repealed and the following is substituted in lieu 302
thereof (Effective July 1, 2022): 303
As used in sections 4-6, 4-7 and 4-8, the term "department head" 304
means Secretary of the Office of Policy and Management, Commissioner 305
of Administrative Services, Commissioner of Revenue Services, 306
Banking Commissioner, Commissioner of Children and Families, 307
Commissioner of Consumer Protection, Commissioner of Correction, 308
Commissioner of Economic and Community Development, State Board 309
of Education, Commissioner of Emergency Services and Public 310
Protection, Commissioner of Energy and Environmental Protection, 311
Commissioner of Agriculture, Commissioner of Public Health, 312
Insurance Commissioner, Labor Commissioner, Commissioner of 313
Mental Health and Addiction Services, Commissioner of Social Services, 314
Commissioner of Developmental Services, Commissioner of Motor 315
Vehicles, Commissioner of Transportation, Commissioner of Veterans 316
Affairs, Commissioner of Housing, Commissioner of Rehabilitation 317
Services, the Commissioner of Early Childhood, the Commissioner of 318
Civilian Justice, the executive director of the Office of Military Affairs 319
and the executive director of the Technical Education and Career 320
System. As used in sections 4-6 and 4-7, "department head" also means 321
the Commissioner of Education. 322
Sec. 12. Section 4-38c of the 2020 supplement to the general statutes is 323
repealed and the following is substituted in lieu thereof (Effective January 324
1, 2021): 325 Raised Bill No. 267
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There shall be within the executive branch of state government the 326
following departments: Office of Policy and Management, Department 327
of Administrative Services, Department of Aging and Disability 328
Services, Department of Revenue Services, Department of Banking, 329
Department of Agriculture, Department of Children and Families, 330
Department of Consumer Protection, Department of Correction, 331
Department of Economic and Community Development, State Board of 332
Education, Department of Emergency Services and Public Protection, 333
Department of Energy and Environmental Protection, Department of 334
Public Health, Board of Regents for Higher Education, Insurance 335
Department, Labor Department, Department of Mental Health and 336
Addiction Services, Department of Developmental Services, 337
Department of Social Services, Department of Rehabilitation Services, 338
Department of Transportation, Department of Motor Vehicles, 339
Department of Veterans Affairs, Department of Civilian Justice and the 340
Technical Education and Career System. 341
Sec. 13. Section 4-38c of the 2020 supplement to the general statutes, 342
as amended by section 7 of public act 17-237, section 287 of public act 343
17-2 of the June special session, section 21 of public act 18-182 and 344
section 284 of public act 19-117, is repealed and the following is 345
substituted in lieu thereof (Effective July 1, 2022): 346
There shall be within the executive branch of state government the 347
following departments: Office of Policy and Management, Department 348
of Administrative Services, Department of Revenue Services, 349
Department of Banking, Department of Agriculture, Department of 350
Children and Families, Department of Consumer Protection, 351
Department of Correction, Department of Economic and Community 352
Development, State Board of Education, Department of Emergency 353
Services and Public Protection, Department of Energy and 354
Environmental Protection, Department of Public Health, Board of 355
Regents for Higher Education, Insurance Department, Labor 356
Department, Department of Mental Health and Addiction Services, 357
Department of Developmental Services, Department of Social Services, 358
Department of Transportation, Department of Motor Vehicles, 359 Raised Bill No. 267
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Department of Veterans Affairs, Department of Civilian Justice and the 360
Technical Education and Career System. 361
Sec. 14. Section 7-291c of the general statutes is repealed and the 362
following is substituted in lieu thereof (Effective January 1, 2021): 363
(a) No law enforcement unit, as defined in section 7-294a, shall hire 364
any person as a police officer, as defined in said section 7-294a, who was 365
previously employed as a police officer by such unit or in any other 366
jurisdiction and who (1) (A) was dismissed for malfeasance or other 367
serious misconduct calling into question such person's fitness to serve 368
as a police officer; or [(2)] (B) resigned or retired from such officer's 369
position while under investigation for such malfeasance or other serious 370
misconduct; or (2) within the past five years, was dismissed, resigned or 371
retired from such officer's position, pursuant to an order of the 372
Department of Civilian Justice under subdivision (1) of subsection (a) of 373
section 6 of this act, for conduct other than malfeasance or other serious 374
misconduct calling into question such person's fitness to serve as a 375
police officer. 376
(b) Any law enforcement unit that has knowledge that any former 377
police officer of such unit who (1) (A) was dismissed for malfeasance or 378
other serious misconduct or pursuant to an order of the Department of 379
Civilian Justice under subdivision (1) of subsection (a) of section 6 of this 380
act, or (B) resigned or retired from such officer's position while under 381
investigation for [such malfeasance or other serious] misconduct; and 382
(2) is an applicant for the position of police officer with any other law 383
enforcement unit, shall inform such other unit and the Police Officer 384
Standards and Training Council established under section 7-294b of 385
such dismissal, resignation or retirement. 386
(c) The provisions of this section shall not apply to any police officer 387
who is exonerated of each allegation against such officer of [such 388
malfeasance or other serious misconduct] misconduct. 389
(d) For purposes of this section, (1) "malfeasance" means the 390
commonly approved usage of "malfeasance"; and (2) "serious 391 Raised Bill No. 267
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misconduct" means improper or illegal actions taken by a police officer 392
in connection with such officer's official duties that could result in a 393
miscarriage of justice or discrimination, including, but not limited to, 394
(A) a conviction of a felony, (B) fabrication of evidence, (C) repeated use 395
of excessive force, (D) acceptance of a bribe, or (E) the commission of 396
fraud. 397
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2021 New section
Sec. 2 January 1, 2021 New section
Sec. 3 January 1, 2021 New section
Sec. 4 January 1, 2021 New section
Sec. 5 January 1, 2021 New section
Sec. 6 January 1, 2021 New section
Sec. 7 January 1, 2021 New section
Sec. 8 January 1, 2021 New section
Sec. 9 January 1, 2021 New section
Sec. 10 January 1, 2021 4-5
Sec. 11 July 1, 2022 4-5
Sec. 12 January 1, 2021 4-38c
Sec. 13 July 1, 2022 4-38c
Sec. 14 January 1, 2021 7-291c
Statement of Purpose:
To establish a Department of Civilian Justice to receive and investigate
complaints from a police officer alleging misconduct by another police
officer in the performance of the officer's duties.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]