Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB00889 Comm Sub / Bill

Filed 04/15/2021

                     
 
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General Assembly  Substitute Bill No. 889  
January Session, 2021 
 
 
 
AN ACT CONCERNING TH E CRIMINAL JUSTICE POLICY AND 
PLANNING DIVISION AND THE PUBLICATION OF REPORTS 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 Section 4-68m of the general statutes is repealed and the 1 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 
system; 13 
(3) [Identify] Identifying critical problems in the criminal justice 14 
system and [recommend] recommending strategies to solve those 15 
problems; 16  Substitute Bill No. 889 
 
 
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(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 
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  Substitute Bill No. 889 
 
 
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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 
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  Substitute Bill No. 889 
 
 
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(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] develop population 96 
projections for the correctional system for planning purposes and issue 97 
a report on such projections not later than February fifteenth of each 98 
year. The Office of Policy and Management shall make such report 99 
publicly available on the office's Internet web site. 100 
Sec. 3. Section 4-68o of the general statutes is repealed and the 101 
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  Substitute Bill No. 889 
 
 
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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, and (4) recidivism of offenders who received 121 
earned risk reduction credits pursuant to section 18-98e. The division 122 
shall measure recidivism in accordance with a nationally-accepted 123 
methodology. 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 
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  Substitute Bill No. 889 
 
 
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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 
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  Substitute Bill No. 889 
 
 
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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 
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  Substitute Bill No. 889 
 
 
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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 
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  Substitute Bill No. 889 
 
 
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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 257 
are repealed. (Effective October 1, 2021) 258 
This act shall take effect as follows and shall amend the following 
sections: 
 
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)  Substitute Bill No. 889 
 
 
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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, 2021 Repealer section 
 
Statement of Legislative Commissioners:   
In Section 2, "development" was replaced with "develop" for accuracy 
and in Section 3(c), Subdiv. (4) was moved for accuracy. 
 
JUD Joint Favorable Subst. -LCO