LCO No. 2962 1 of 10 General Assembly Raised Bill No. 889 January Session, 2021 LCO No. 2962 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONCERNING TH E CRIMINAL JUSTICE POLICY AND PLANNING DIVISION AND THE PUBLICATION OF REPOR TS AND PRESENTATIONS BY THE OFFICE OF POLICY AND MANAGEMENT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 4-68m of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2021): 2 (a) There is established a Criminal Justice Policy and Planning 3 Division within the Office of Policy and Management. The division shall 4 be under the direction of an undersecretary. 5 (b) The division shall [develop a plan to] promote a more effective 6 and cohesive state criminal justice system [and, to accomplish such plan, 7 shall] by: 8 (1) [Conduct] Conducting an in-depth analysis of the criminal justice 9 system; 10 (2) [Determine] Determining the long-range needs of the criminal 11 justice system and [recommend] recommending policy priorities for the 12 Raised Bill No. 889 LCO No. 2962 2 of 10 system; 13 (3) [Identify] Identifying critical problems in the criminal justice 14 system and [recommend] recommending strategies to solve those 15 problems; 16 (4) [Assess] Assessing the cost-effectiveness of the use of state and 17 local funds in the criminal justice system; 18 (5) [Recommend] Recommending means to improve the deterrent 19 and rehabilitative capabilities of the criminal justice system; 20 (6) [Advise and assist] Advising and assisting the General Assembly 21 in developing plans, programs and proposed legislation for improving 22 the effectiveness of the criminal justice system; 23 (7) [Make] Making computations of daily costs and [compare] 24 comparing interagency costs on services provided by agencies that are 25 a part of the criminal justice system; 26 (8) [Review] Reviewing the program inventories and cost-benefit 27 analyses submitted pursuant to section 4-68s and [consider] considering 28 incorporating such inventories and analyses in its budget 29 recommendations to the General Assembly; 30 (9) [Make] Making population computations for use in planning for 31 the long-range needs of the criminal justice system; 32 (10) [Determine] Determining long-range information needs of the 33 criminal justice system and [acquire] acquiring that information; 34 (11) [Cooperate] Cooperating with the Office of the Victim Advocate 35 by providing information and assistance to the office relating to the 36 improvement of crime victims' services; 37 (12) [Serve] Serving as the liaison for the state to the United States 38 Department of Justice on criminal justice issues of interest to the state 39 and federal government relating to data, information systems and 40 Raised Bill No. 889 LCO No. 2962 3 of 10 research; 41 (13) [Measure] Measuring the success of community-based services 42 and programs in reducing recidivism; 43 (14) [Develop and implement] Developing and implementing a 44 comprehensive reentry strategy as provided in section 18-81w; and 45 (15) [Engage] Engaging in other activities consistent with the 46 responsibilities of the division. 47 (c) In addition to the division's other duties under this section, the 48 division may perform any function described in subsection (b) of this 49 section to promote an effective and cohesive juvenile justice system. 50 (d) In the performance of its duties under this section, the division 51 shall collaborate with the Department of Correction, the Board of 52 Pardons and Paroles, the Department of Mental Health and Addiction 53 Services and the Department of Emergency Services and Public 54 Protection and consult with the Chief Court Administrator, the 55 executive director of the Court Support Services Division of the Judicial 56 Branch, the Chief State's Attorney and the Chief Public Defender. 57 (e) (1) At the request of the division, the Department of Correction, 58 the Board of Pardons and Paroles, the Department of Mental Health and 59 Addiction Services, the Department of Emergency Services and Public 60 Protection, the Chief Court Administrator, the executive director of the 61 Court Support Services Division of the Judicial Branch, the Chief State's 62 Attorney and the Chief Public Defender shall provide the division with 63 information and data needed by the division to perform its duties under 64 subsection (b) of this section. 65 (2) The division shall have access to individualized records 66 maintained by the Judicial Branch and the agencies specified in 67 subdivision (1) of this subsection as needed for research purposes. The 68 division, in collaboration with the Judicial Branch and the agencies 69 specified in subdivision (1) of this subsection, shall develop protocols to 70 Raised Bill No. 889 LCO No. 2962 4 of 10 protect the privacy of such individualized records consistent with state 71 and federal law. The division shall use such individualized records for 72 statistical analyses only and shall not use such records in any other 73 manner that would disclose the identity of individuals to whom the 74 records pertain. 75 (3) Any information or data provided to the division pursuant to this 76 subsection that is confidential in accordance with state or federal law 77 shall remain confidential while in the custody of the division and shall 78 not be disclosed. 79 [(f) Not later than January 15, 2007, the division shall submit the plan 80 developed pursuant to subsection (b) of this section to the Governor 81 and, in accordance with the provisions of section 11-4a, to the joint 82 standing committees of the General Assembly having cognizance of 83 matters relating to criminal justice, public safety and appropriations and 84 the budgets of state agencies. Not later than February 15, 2009, and 85 biennially thereafter, the division shall update such plan and submit 86 such updated plan to the Governor and said legislative committees.] 87 (f) The Office of Policy and Management shall make any report or 88 presentation by the division publicly available on the office's Internet 89 web site, including those required pursuant to sections 4-68n, as 90 amended by this act, 4-68o, as amended by this act, and 4-68p, as 91 amended by this act. 92 Sec. 2. Section 4-68n of the general statutes is repealed and the 93 following is substituted in lieu thereof (Effective October 1, 2021): 94 The Criminal Justice Policy and Planning Division within the Office 95 of Policy and Management shall development population projections 96 for the correctional system for planning purposes and issue a report on 97 such projections not later than February fifteenth of each year. The 98 Office of Policy and Management shall make such report publicly 99 available on the office's Internet web site. 100 Sec. 3. Section 4-68o of the general statutes is repealed and the 101 Raised Bill No. 889 LCO No. 2962 5 of 10 following is substituted in lieu thereof (Effective October 1, 2021): 102 (a) The Criminal Justice Policy and Planning Division within the 103 Office of Policy and Management shall develop a reporting system that 104 is able to track trends and outcomes related to policies designed to 105 reduce prison overcrowding, improve rehabilitation efforts and 106 enhance reentry strategies for offenders released from prison. 107 (b) The reporting system shall, at a minimum, track on a monthly 108 basis: (1) The number of admissions to prison (A) directly from courts, 109 (B) on account of parole revocation, and (C) on account of probation 110 revocation, (2) the number of releases on parole and to other forms of 111 community supervision and facilities, (3) the rate of granting parole, (4) 112 the number of probation placements and placements to probation 113 facilities, (5) the prison population, and (6) the projected prison 114 population. 115 (c) The reporting system shall, at a minimum, track on an annual 116 basis: (1) Recidivism of offenders released from prison, (2) recidivism of 117 offenders on probation, [and] (3) recidivism of offenders participating 118 in programs designed to reduce prison overcrowding, improve 119 rehabilitation efforts and enhance reentry strategies for offenders 120 released from prison. The division shall measure recidivism in 121 accordance with a nationally-accepted methodology, and (4) recidivism 122 of offenders who received earned risk reduction credits pursuant to 123 section 18-98e. 124 [(d) The reporting system shall define outcomes for major programs 125 and annually report these outcomes and delineate strategies to measure 126 outcomes when information is not yet available to measure the 127 effectiveness of particular programs. 128 (e) The division shall publish the first monthly report not later than 129 November 1, 2006.] 130 (d)The division shall monthly report the reporting system's tracking 131 pursuant to subsection (b) of this section. The Office of Policy and 132 Raised Bill No. 889 LCO No. 2962 6 of 10 Management shall make such report publicly available on the office's 133 Internet web site. 134 [(f)] (e) The division shall publish [the first annual outcome report not 135 later than January 1, 2007, and shall publish] an annual outcome report 136 not later than February fifteenth of each year thereafter. The Office of 137 Policy and Management shall make such report publicly available on 138 the office's Internet web site. Such report may be included as part of the 139 report submitted under section 4-68p, as amended by this act. 140 Sec. 4. Section 4-68p of the general statutes is repealed and the 141 following is substituted in lieu thereof (Effective October 1, 2021): 142 Not later than [February] October fifteenth of each year, the Criminal 143 Justice Policy and Planning Division within the Office of Policy and 144 Management shall submit a report to the Governor and the joint 145 standing committee of the General Assembly having cognizance of 146 matters relating to the judiciary, in accordance with section 11-4a, [and 147 make a presentation to the joint standing committees of the General 148 Assembly having cognizance of matters relating to criminal justice and 149 appropriations and the budgets of state agencies concerning its activities 150 and recommendations under section 4-68m and specifying the actions 151 necessary to promote an effective and cohesive criminal justice system. 152 The report shall estimate the amount of savings inuring to the benefit of 153 the state on account of the actual prison population being less than 154 projected prior to the adoption of prison overcrowding reduction 155 policies and make recommendations as to the manner in which a 156 portion of such cost savings may be reinvested in community-based 157 services and programs and community supervision by probation and 158 parole officers in order to maintain that reduction in projected prison 159 population. Beginning with the report to be submitted and the 160 presentation to be made not later than February 15, 2008, the division 161 shall include an assessment of the status of the development and 162 implementation of the reentry strategy under section 18-81w] 163 containing data analysis of state criminal justice system trends, 164 including, if available, the number of reported crimes and arrests, and 165 Raised Bill No. 889 LCO No. 2962 7 of 10 the size of the populations on probation, parole, special parole and in 166 prison. The Office of Policy and Management shall make such report 167 publicly available on the office's Internet web site. 168 Sec. 5. Subsection (a) of section 18-87k of the general statutes is 169 repealed and the following is substituted in lieu thereof (Effective October 170 1, 2021): 171 (a) The Criminal Justice Policy Advisory Commission shall: (1) 172 Develop and recommend policies for preventing prison and jail 173 overcrowding; (2) examine the impact of statutory provisions and 174 current administrative policies on prison and jail overcrowding and 175 recommend legislation to the Governor and the General Assembly; (3) 176 research and gather relevant statistical data and other information 177 concerning the impact of efforts to prevent prison and jail overcrowding 178 and make such information available to criminal justice agencies and 179 members of the General Assembly; (4) advise the undersecretary of the 180 Criminal Justice Policy and Planning Division on policies and 181 procedures to promote more effective and cohesive state criminal justice 182 and juvenile justice systems and to develop and implement the offender 183 reentry strategy as provided in section 18-81w; (5) monitor 184 developments throughout the state's criminal justice system; [and, not 185 later than February 15, 2009, and annually thereafter, report to the 186 Governor and the General Assembly on the effectiveness of the state's 187 reentry strategy, outcomes achieved under the reentry strategy and the 188 level of integration and coordination of the information technology 189 systems used by the criminal justice agencies and other system-wide 190 issues identified by the commission; (6) not later than February 15, 2009, 191 and annually thereafter, sponsor for all members of the criminal justice 192 community a full-day review of the criminal justice system in the state 193 including progress that has been made within the past year and 194 challenges to be met, which review shall be facilitated by the 195 undersecretary of the Criminal Justice Policy and Planning Division; (7)] 196 (6) identify specific needs for reentry services in geographic areas 197 throughout the state; [(8)] (7) identify institution-based and community-198 based programs and services that effectively address offender needs 199 Raised Bill No. 889 LCO No. 2962 8 of 10 and reduce recidivism including, but not limited to, education and 200 training, employment preparation and job bank, transitional health care, 201 family support, substance abuse, domestic violence and sexual offender 202 programs and services; [(9) develop a guide to best practices in the 203 provision of reentry services; (10) develop and annually update a plan 204 to ensure the availability of reentry services, which plan may include 205 establishment of community reentry centers;] and [(11)] (8) assist the 206 undersecretary of the Criminal Justice Policy and Planning Division in 207 developing the recommendations included in the report and 208 presentation made by the division pursuant to section 4-68p, as 209 amended by this act. 210 Sec. 6. Section 51-296b of the general statutes is repealed and the 211 following is substituted in lieu thereof (Effective October 1, 2021): 212 The Chief Public Defender shall, within available appropriations, 213 establish a pilot program to provide representation to persons at parole 214 revocation hearings. Not later than January 1, 2021, and annually 215 thereafter, the Chief Public Defender shall submit a report to the 216 Secretary of the Office of Policy and Management on cases served as 217 part of such program during the prior calendar year. Such report shall 218 aggregate information, including, but not limited to, the number of 219 public defenders funded through the pilot program, the number of 220 preliminary hearings and final parole revocation hearings served by 221 such public defenders and the associated outcomes of such hearings. 222 The Office of Policy and Management shall make such report publicly 223 available on the office's Internet web site. 224 Sec. 7. Subsection (i) of section 54-1m of the general statutes is 225 repealed and the following is substituted in lieu thereof (Effective October 226 1, 2021): 227 (i) The Office of Policy and Management shall, within available 228 resources, review the prevalence and disposition of traffic stops and 229 complaints reported pursuant to this section. Not later than July 1, 2014, 230 and annually thereafter, the office shall report the results of any such 231 Raised Bill No. 889 LCO No. 2962 9 of 10 review, including any recommendations, to the Governor, the General 232 Assembly and any other entity deemed appropriate. The Office of Policy 233 and Management shall make such report publicly available on the 234 office's Internet web site. 235 Sec. 8. Section 54-125j of the general statutes is repealed and the 236 following is substituted in lieu thereof (Effective October 1, 2021): 237 Not later than January 1, 2021, and annually thereafter, the Board of 238 Pardons and Paroles shall report to the [Secretary of the] Office of Policy 239 and Management and the office shall make available on [its] the office's 240 Internet web site the following information: 241 (1) Outcomes of preliminary hearings, including whether (A) 242 probable cause of a parole violation was found and that the alleged 243 violation was serious enough to warrant revocation of parole, (B) 244 probable cause of a parole violation was found, but the alleged violation 245 was not serious enough to warrant revocation, and (C) no probable 246 cause of a parole violation was found; 247 (2) The number of (A) individuals remanded to the custody of the 248 Department of Correction for criminal and technical violations, and (B) 249 individuals held in custody beyond a preliminary hearing pending a 250 final parole revocation hearing; 251 (3) Outcomes of final parole revocation hearings, including whether 252 there was a recommendation to (A) reinstate parole, or (B) revoke 253 parole; and 254 (4) Case level data on demographics, including data on race, sex, 255 ethnicity and age. 256 Sec. 9. Sections 4-68q, 4-68t, 4-68x and 18-98f of the general statutes are 257 repealed. (Effective October 1, 2021)258 This act shall take effect as follows and shall amend the following sections: Raised Bill No. 889 LCO No. 2962 10 of 10 Section 1 October 1, 2021 4-68m Sec. 2 October 1, 2021 4-68n Sec. 3 October 1, 2021 4-68o Sec. 4 October 1, 2021 4-68p Sec. 5 October 1, 2021 18-87k(a) Sec. 6 October 1, 2021 51-296b Sec. 7 October 1, 2021 54-1m(i) Sec. 8 October 1, 2021 54-125j Sec. 9 October 1, 202 Repealer section Statement of Purpose: To maximize the contributions of the Criminal Justice Policy and Planning Division to criminal justice policy, research and grant administration, and to repeal or amend outdated or obsolete statutes that no longer accurately reflect priorities of criminal justice stakeholders. [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.]