Connecticut 2021 Regular Session

Connecticut Senate Bill SB00892 Compare Versions

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	7	+	General Assembly Substitute Bill No. 892
	8	+	January Session, 2021
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4		-	Substitute Senate Bill No. 892
5		-
6		-	Public Act No. 21-8
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9	14		AN ACT CONCERNING TH E CRIMINAL JUSTICE COMMISSION,
10	15		DIVISION OF CRIMINAL JUSTICE AND THE OFFICE OF THE
11	16		INSPECTOR GENERAL.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. Section 51-275a of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective October 1, 2021):
17		-	(a) There is established a Criminal Justice Commission which shall be
18		-	composed of the Chief State's Attorney and six members nominated by
19		-	the Governor and appointed by the General Assembly in accordance
20		-	with [section 4-2] subsection (i) of this section, two of whom shall be
21		-	judges of the Superior Court.
22		-	(b) The chairman shall be appointed by the Governor.
23		-	(c) Members shall serve without compensation but shall be
24		-	reimbursed for actual expenses incurred while engaged in the duties of
25		-	the commission.
26		-	(d) The commission shall post notices concerning the time, date and
27		-	place of meetings of the commission on an Internet web site operated by
28		-	the commission. Substitute Senate Bill No. 892
	20	+	Section 1. Section 51-275a of the general statutes is repealed and the 1
	21	+	following is substituted in lieu thereof (Effective October 1, 2021): 2
	22	+	(a) There is established a Criminal Justice Commission which shall be 3
	23	+	composed of the Chief State's Attorney and six members nominated by 4
	24	+	the Governor and appointed by the General Assembly in accordance 5
	25	+	with [section 4-2] subsection (i) of this section, two of whom shall be 6
	26	+	judges of the Superior Court. 7
	27	+	(b) The chairman shall be appointed by the Governor. 8
	28	+	(c) Members shall serve without compensation but shall be 9
	29	+	reimbursed for actual expenses incurred while engaged in the duties of 10
	30	+	the commission. 11
	31	+	(d) The commission shall post notices concerning the time, date and 12
	32	+	place of meetings of the commission on an Internet web site operated by 13
	33	+	the commission. 14
	34	+	(e) Any meeting of the commission held pursuant to section 51-278, 15 Substitute Bill No. 892
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30		-	Public Act No. 21-8 2 of 13
31	36
32		-	(e) Any meeting of the commission held pursuant to section 51-278,
33		-	as amended by this act, or section 51-278b, the sole purpose of which is
34		-	to appoint, reappoint, remove or otherwise discipline the Chief State's
35		-	Attorney, a deputy chief state's attorney or a state's attorney, shall be
36		-	held in the Legislative Office Building and shall include an opportunity
37		-	for public testimony.
38		-	(f) The commission may adopt such rules as it deems necessary for
39		-	the conduct of its internal affairs.
40		-	(g) The commission may adopt regulations in accordance with
41		-	chapter 54 to carry out its responsibilities under this chapter.
42		-	(h) The commission shall be within the Division of Criminal Justice.
43		-	Said division shall provide staff support for the commission.
44		-	(i) Any appointed member serving on the commission on October 1,
45		-	2021, may continue to serve until the expiration of his or her term. On
46		-	and after October 1, 2021, each nomination for appointment to the
47		-	commission by the Governor shall be referred, without debate, to the
48		-	joint standing committee of the General Assembly having cognizance of
49		-	matters relating to the judiciary which shall report on each appointment
50		-	not later than thirty days after the date of reference. Each appointment
51		-	by the General Assembly of any such commission member shall be by
52		-	concurrent resolution.
53		-	Sec. 2. Subsection (b) of section 51-278 of the general statutes is
54		-	repealed and the following is substituted in lieu thereof (Effective from
55		-	passage):
56		-	(b) (1) (A) The Criminal Justice Commission shall appoint (i) two
57		-	deputy chief state's attorneys as assistant administrative heads of the
58		-	Division of Criminal Justice, one of whom shall be deputy chief state's
59		-	attorney for operations and one of whom shall be deputy chief state's
60		-	attorney for personnel, finance and administration, who shall assist the Substitute Senate Bill No. 892
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62		-	Public Act No. 21-8 3 of 13
	41	+	as amended by this act, or section 51-278b, the sole purpose of which is 16
	42	+	to appoint, reappoint, remove or otherwise discipline the Chief State's 17
	43	+	Attorney, a deputy chief state's attorney or a state's attorney, shall be 18
	44	+	held in the Legislative Office Building and shall include an opportunity 19
	45	+	for public testimony. 20
	46	+	(f) The commission may adopt such rules as it deems necessary for 21
	47	+	the conduct of its internal affairs. 22
	48	+	(g) The commission may adopt regulations in accordance with 23
	49	+	chapter 54 to carry out its responsibilities under this chapter. 24
	50	+	(h) The commission shall be within the Division of Criminal Justice. 25
	51	+	Said division shall provide staff support for the commission. 26
	52	+	(i) Any appointed member serving on the commission on October 1, 27
	53	+	2021, may continue to serve until the expiration of his or her term. On 28
	54	+	and after October 1, 2021, each nomination for appointment to the 29
	55	+	commission by the Governor shall be referred, without debate, to the 30
	56	+	joint standing committee of the General Assembly having cognizance of 31
	57	+	matters relating to the judiciary which shall report on each appointment 32
	58	+	not later than thirty days after the date of reference. Each appointment 33
	59	+	by the General Assembly of any such commission member shall be by 34
	60	+	concurrent resolution. 35
	61	+	Sec. 2. Subsection (b) of section 51-278 of the general statutes is 36
	62	+	repealed and the following is substituted in lieu thereof (Effective from 37
	63	+	passage): 38
	64	+	(b) (1) (A) The Criminal Justice Commission shall appoint (i) two 39
	65	+	deputy chief state's attorneys as assistant administrative heads of the 40
	66	+	Division of Criminal Justice, one of whom shall be deputy chief state's 41
	67	+	attorney for operations and one of whom shall be deputy chief state's 42
	68	+	attorney for personnel, finance and administration, who shall assist the 43
	69	+	Chief State's Attorney in his duties, and (ii) one deputy chief state's 44
	70	+	attorney who shall be [nominated] appointed by the commission, as 45
	71	+	provided in subdivision (8) of this subsection, to serve as Inspector 46 Substitute Bill No. 892
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64		-	Chief State's Attorney in his duties, and (ii) one deputy chief state's
65		-	attorney who shall be [nominated] appointed by the commission, as
66		-	provided in subdivision (8) of this subsection, to serve as Inspector
67		-	General in accordance with section 51-277e, as amended by this act, who
68		-	shall receive his or her prosecutorial powers as a designee of the Chief
69		-	State's Attorney. The term of office of a deputy chief state's attorney
70		-	shall be four years from July first in the year of appointment and until
71		-	the appointment and qualification of a successor unless sooner removed
72		-	by the Criminal Justice Commission. The Criminal Justice Commission
73		-	shall designate one deputy chief state's attorney appointed under
74		-	subparagraph (A)(i) of this subsection who shall, in the absence or
75		-	disqualification of the Chief State's Attorney, exercise the powers and
76		-	duties of the Chief State's Attorney until such Chief State's Attorney
77		-	resumes his duties. For the purposes of this subparagraph, the Criminal
78		-	Justice Commission means the members of the commission other than
79		-	the Chief State's Attorney. (B) The Criminal Justice Commission shall
80		-	appoint a state's attorney for each judicial district, who shall act therein
81		-	as attorney on behalf of the state. The Criminal Justice Commission shall
82		-	also appoint, from candidates recommended by the appropriate state's
83		-	attorney and deemed qualified by the commission, as many assistant
84		-	state's attorneys and deputy assistant state's attorneys on a full-time or
85		-	part-time basis for each judicial district as the criminal business of the
86		-	court, in the opinion of the Chief State's Attorney, may require, and the
87		-	commission shall also appoint, from candidates recommended by the
88		-	Chief State's Attorney and deemed qualified by the commission, as
89		-	many assistant state's attorneys and deputy assistant state's attorneys as
90		-	are necessary, in the opinion of the Chief State's Attorney, to assist the
91		-	Chief State's Attorney. Assistant state's attorneys and deputy assistant
92		-	state's attorneys, respectively, shall assist the state's attorneys for the
93		-	judicial districts and the Chief State's Attorney in all criminal matters
94		-	and, in the absence from the district or disability of the state's attorney
95		-	or at his request, shall have and exercise all the powers and perform all
96		-	the duties of state's attorney. At least three such assistant state's Substitute Senate Bill No. 892
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100		-	attorneys or deputy assistant state's attorneys shall be designated by the
101		-	Chief State's Attorney to handle all prosecutions in the state of housing
102		-	matters deemed to be criminal. Any assistant or deputy assistant state's
103		-	attorney so designated should have a commitment to the maintenance
104		-	of decent, safe and sanitary housing and, to the extent practicable, shall
105		-	handle housing matters on a full-time basis. At least one assistant state's
106		-	attorney shall be designated by the Chief State's Attorney to handle all
107		-	prosecutions in the state of environmental matters deemed to be
108		-	criminal. Any assistant state's attorney so designated should have a
109		-	commitment to protecting the environment and, to the extent
110		-	practicable, shall handle environmental matters on a full-time basis. (C)
111		-	The Chief State's Attorney may promote any assistant state's attorney,
112		-	or deputy assistant state's attorney who assists him, and the appropriate
113		-	state's attorney may promote any assistant state's attorney or deputy
114		-	assistant state's attorney who assists such state's attorney in the judicial
115		-	district. The Chief State's Attorney shall notify the Criminal Justice
116		-	Commission of any such promotion.
117		-	(2) On and after July 1, 1985, the Chief State's Attorney, deputy chief
118		-	state's attorneys, state's attorneys, assistant state's attorneys and deputy
119		-	assistant state's attorneys shall receive salaries in accordance with a
120		-	compensation plan approved by the Department of Administrative
121		-	Services.
122		-	(3) Each state's attorney who, on June 30, 1973, was included in the
123		-	provisions of sections 51-49, 51-287 and 51-288 may elect to continue to
124		-	be so included and, each state's attorney, incumbent on July 1, 1978, who
125		-	was an assistant state's attorney, chief prosecuting attorney or deputy
126		-	chief prosecuting attorney on June 30, 1973, may elect to be included in
127		-	sections 51-49, 51-287 and 51-288, and, in each such case, the
128		-	Comptroller shall deduct from his salary five per cent thereof as
129		-	contributions for the purposes of sections 51-49, 51-287 and 51-288,
130		-	provided any person who has so elected may thereafter elect to Substitute Senate Bill No. 892
	78	+	General in accordance with section 51-277e, as amended by this act, who 47
	79	+	shall receive his or her prosecutorial powers as a designee of the Chief 48
	80	+	State's Attorney. The term of office of a deputy chief state's attorney 49
	81	+	shall be four years from July first in the year of appointment and until 50
	82	+	the appointment and qualification of a successor unless sooner removed 51
	83	+	by the Criminal Justice Commission. The Criminal Justice Commission 52
	84	+	shall designate one deputy chief state's attorney appointed under 53
	85	+	subparagraph (A)(i) of this subsection who shall, in the absence or 54
	86	+	disqualification of the Chief State's Attorney, exercise the powers and 55
	87	+	duties of the Chief State's Attorney until such Chief State's Attorney 56
	88	+	resumes his duties. For the purposes of this subparagraph, the Criminal 57
	89	+	Justice Commission means the members of the commission other than 58
	90	+	the Chief State's Attorney. (B) The Criminal Justice Commission shall 59
	91	+	appoint a state's attorney for each judicial district, who shall act therein 60
	92	+	as attorney on behalf of the state. The Criminal Justice Commission shall 61
	93	+	also appoint, from candidates recommended by the appropriate state's 62
	94	+	attorney and deemed qualified by the commission, as many assistant 63
	95	+	state's attorneys and deputy assistant state's attorneys on a full-time or 64
	96	+	part-time basis for each judicial district as the criminal business of the 65
	97	+	court, in the opinion of the Chief State's Attorney, may require, and the 66
	98	+	commission shall also appoint, from candidates recommended by the 67
	99	+	Chief State's Attorney and deemed qualified by the commission, as 68
	100	+	many assistant state's attorneys and deputy assistant state's attorneys as 69
	101	+	are necessary, in the opinion of the Chief State's Attorney, to assist the 70
	102	+	Chief State's Attorney. Assistant state's attorneys and deputy assistant 71
	103	+	state's attorneys, respectively, shall assist the state's attorneys for the 72
	104	+	judicial districts and the Chief State's Attorney in all criminal matters 73
	105	+	and, in the absence from the district or disability of the state's attorney 74
	106	+	or at his request, shall have and exercise all the powers and perform all 75
	107	+	the duties of state's attorney. At least three such assistant state's 76
	108	+	attorneys or deputy assistant state's attorneys shall be designated by the 77
	109	+	Chief State's Attorney to handle all prosecutions in the state of housing 78
	110	+	matters deemed to be criminal. Any assistant or deputy assistant state's 79
	111	+	attorney so designated should have a commitment to the maintenance 80
	112	+	of decent, safe and sanitary housing and, to the extent practicable, shall 81 Substitute Bill No. 892
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132		-	Public Act No. 21-8 5 of 13
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134		-	participate in chapter 66 and thereupon his past contributions to the
135		-	State's Attorneys' Retirement Fund shall be transferred to the State
136		-	Employees Retirement Fund and he shall be credited with all prior
137		-	service. All other persons appointed under the provisions of this section
138		-	shall be subject to the provisions of chapter 66.
139		-	(4) Each Chief State's Attorney, deputy chief state's attorney or state's
140		-	attorney who (A) is ineligible to elect under subdivision (3) of this
141		-	subsection, (B) is not subject to the provisions of chapter 66, and (C) had
142		-	vested under the State Employees Retirement Fund, prior to his
143		-	appointment to such office, shall vest under the State's Attorneys'
144		-	Retirement Fund upon reappointment to any such office by the Criminal
145		-	Justice Commission.
146		-	(5) The several state's attorneys shall each hold office for eight years
147		-	from July first and until the appointment and qualification of a successor
148		-	unless sooner removed for just cause by the Criminal Justice
149		-	Commission.
150		-	(6) When any vacancy in the office of the Chief State's Attorney or the
151		-	office of a state's attorney is to be filled, the commission shall make its
152		-	appointment from the various recommendations of the Chief State's
153		-	Attorney or the appropriate state's attorney. The commission shall
154		-	determine how many recommendations it shall require for each
155		-	appointment.
156		-	(7) Each deputy chief state's attorney and state's attorney incumbent
157		-	on the date of certification by the Secretary of the State of the
158		-	constitutional amendment concerning appointment of state's attorneys,
159		-	shall serve the term for which he had been appointed prior to said date.
160		-	(8) When any appointment of a deputy chief state's attorney to serve
161		-	as Inspector General in accordance with section 51-277e, as amended by
162		-	this act, is to be made, the commission shall make such appointment by Substitute Senate Bill No. 892
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164		-	Public Act No. 21-8 6 of 13
	119	+	handle housing matters on a full-time basis. At least one assistant state's 82
	120	+	attorney shall be designated by the Chief State's Attorney to handle all 83
	121	+	prosecutions in the state of environmental matters deemed to be 84
	122	+	criminal. Any assistant state's attorney so designated should have a 85
	123	+	commitment to protecting the environment and, to the extent 86
	124	+	practicable, shall handle environmental matters on a full-time basis. (C) 87
	125	+	The Chief State's Attorney may promote any assistant state's attorney, 88
	126	+	or deputy assistant state's attorney who assists him, and the appropriate 89
	127	+	state's attorney may promote any assistant state's attorney or deputy 90
	128	+	assistant state's attorney who assists such state's attorney in the judicial 91
	129	+	district. The Chief State's Attorney shall notify the Criminal Justice 92
	130	+	Commission of any such promotion. 93
	131	+	(2) On and after July 1, 1985, the Chief State's Attorney, deputy chief 94
	132	+	state's attorneys, state's attorneys, assistant state's attorneys and deputy 95
	133	+	assistant state's attorneys shall receive salaries in accordance with a 96
	134	+	compensation plan approved by the Department of Administrative 97
	135	+	Services. 98
	136	+	(3) Each state's attorney who, on June 30, 1973, was included in the 99
	137	+	provisions of sections 51-49, 51-287 and 51-288 may elect to continue to 100
	138	+	be so included and, each state's attorney, incumbent on July 1, 1978, who 101
	139	+	was an assistant state's attorney, chief prosecuting attorney or deputy 102
	140	+	chief prosecuting attorney on June 30, 1973, may elect to be included in 103
	141	+	sections 51-49, 51-287 and 51-288, and, in each such case, the 104
	142	+	Comptroller shall deduct from his salary five per cent thereof as 105
	143	+	contributions for the purposes of sections 51-49, 51-287 and 51-288, 106
	144	+	provided any person who has so elected may thereafter elect to 107
	145	+	participate in chapter 66 and thereupon his past contributions to the 108
	146	+	State's Attorneys' Retirement Fund shall be transferred to the State 109
	147	+	Employees Retirement Fund and he shall be credited with all prior 110
	148	+	service. All other persons appointed under the provisions of this section 111
	149	+	shall be subject to the provisions of chapter 66. 112
	150	+	(4) Each Chief State's Attorney, deputy chief state's attorney or state's 113
	151	+	attorney who (A) is ineligible to elect under subdivision (3) of this 114 Substitute Bill No. 892
165	152
166		-	majority vote. In the event that there is a tie vote for such appointment,
167		-	the chairperson of the commission shall select the nominee from
168		-	amongst the candidates in the tie position and said candidate shall be
169		-	appointed to serve as Inspector General.
170		-	Sec. 3. Section 51-279a of the general statutes is repealed and the
171		-	following is substituted in lieu thereof (Effective October 1, 2021):
172		-	The Division of Criminal Justice Advisory Board is established,
173		-	comprised of a nonvoting member designated by the Criminal Justice
174		-	Commission, the Chief State's Attorney or his designee and the state's
175		-	attorney for each judicial district or his designee. The board shall meet
176		-	at least once a month to advise on state-wide prosecutorial standards
177		-	and guidelines and other policy matters, including peer review and
178		-	resolution of conflicts. The board shall adopt such rules as it deems
179		-	necessary for the conduct of its internal affairs.
180		-	Sec. 4. Section 51-280 of the general statutes is repealed and the
181		-	following is substituted in lieu thereof (Effective October 1, 2021):
182		-	The Chief State's Attorney and each state's attorney shall biennially
183		-	prepare a merit and performance rating for each state's attorney,
184		-	assistant state's attorney and deputy assistant state's attorney and shall
185		-	submit the biennial merit and performance rating conducted pursuant
186		-	to the policy of the Division of Criminal Justice for each state's attorney
187		-	to the Criminal Justice Commission for its consideration at the time for
188		-	reappointing such attorneys to any new term or terms. As part of any
189		-	such biennial merit and performance rating process, the commission
190		-	may call a state's attorney before the commission for questions
191		-	concerning any issue raised in a biennial merit and performance rating.
192		-	Sec. 5. Section 51-285 of the general statutes is repealed and the
193		-	following is substituted in lieu thereof (Effective October 1, 2021):
194		-	(a) The Chief State's Attorney may [appoint] recommend to the Substitute Senate Bill No. 892
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198		-	Criminal Justice Commission for appointment by said commission
199		-	special assistant state's attorneys, special deputy assistant state's
200		-	attorneys and special inspectors on a contractual basis for a temporary
201		-	period of time.
202		-	(b) Upon the request of the Attorney General, the Chief State's
203		-	Attorney may designate any attorney requested by the Attorney
204		-	General as a special assistant state's attorney to prosecute any criminal
205		-	offense, except violations of titles 9, 14, 18, 29, 46a, 53 and 53a, chapters
206		-	420b and 420c of title 21a and sections 17b-97 and 17b-99. If such
207		-	designation of any attorney is denied, the Chief State's Attorney shall
208		-	state the reasons for such denial in writing.
209		-	(c) The Chief State's Attorney may designate any assistant state's
210		-	attorney from the office of the Chief State's Attorney or any other
211		-	assistant state's attorney on request of the appropriate state's attorney
212		-	for appointment as a special assistant United States attorney to assist in
213		-	the investigation and prosecution of specific criminal matters in federal
214		-	court.
215		-	Sec. 6. Section 51-277e of the general statutes is repealed and the
216		-	following is substituted in lieu thereof (Effective from passage):
217		-	(a) There is established the Office of the Inspector General that shall
218		-	be [an independent] a separate office within the Division of Criminal
219		-	Justice. Not later than October 1, [2020] 2021, the Criminal Justice
220		-	Commission established pursuant to section 51-275a, as amended by
221		-	this act, shall [nominate] appoint a deputy chief state's attorney [from
222		-	within the division] as Inspector General who [, subject to appointment
223		-	by the General Assembly pursuant to subsection (c) or (d) of this
224		-	section,] shall lead the Office of the Inspector General. The office shall:
225		-	(1) Conduct investigations of peace officers in accordance with section
226		-	51-277a, as amended by this act; (2) prosecute any case in which the
227		-	Inspector General determines a peace officer used force found to not be Substitute Senate Bill No. 892
	158	+	subsection, (B) is not subject to the provisions of chapter 66, and (C) had 115
	159	+	vested under the State Employees Retirement Fund, prior to his 116
	160	+	appointment to such office, shall vest under the State's Attorneys' 117
	161	+	Retirement Fund upon reappointment to any such office by the Criminal 118
	162	+	Justice Commission. 119
	163	+	(5) The several state's attorneys shall each hold office for eight years 120
	164	+	from July first and until the appointment and qualification of a successor 121
	165	+	unless sooner removed for just cause by the Criminal Justice 122
	166	+	Commission. 123
	167	+	(6) When any vacancy in the office of the Chief State's Attorney or the 124
	168	+	office of a state's attorney is to be filled, the commission shall make its 125
	169	+	appointment from the various recommendations of the Chief State's 126
	170	+	Attorney or the appropriate state's attorney. The commission shall 127
	171	+	determine how many recommendations it shall require for each 128
	172	+	appointment. 129
	173	+	(7) Each deputy chief state's attorney and state's attorney incumbent 130
	174	+	on the date of certification by the Secretary of the State of the 131
	175	+	constitutional amendment concerning appointment of state's attorneys, 132
	176	+	shall serve the term for which he had been appointed prior to said date. 133
	177	+	(8) When any appointment of a deputy chief state's attorney to serve 134
	178	+	as Inspector General in accordance with section 51-277e, as amended by 135
	179	+	this act, is to be made, the commission shall make such appointment by 136
	180	+	majority vote. In the event that there is a tie vote for such appointment, 137
	181	+	the chairperson of the commission shall select the nominee from 138
	182	+	amongst the candidates in the tie position and said candidate shall be 139
	183	+	appointed to serve as Inspector General. 140
	184	+	Sec. 3. Section 51-279a of the general statutes is repealed and the 141
	185	+	following is substituted in lieu thereof (Effective October 1, 2021): 142
	186	+	The Division of Criminal Justice Advisory Board is established, 143
	187	+	comprised of a nonvoting member designated by the Criminal Justice 144
	188	+	Commission, the Chief State's Attorney or his designee and the state's 145 Substitute Bill No. 892
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231		-	justifiable pursuant to section 53a-22 or where a police officer or
232		-	correctional officer fails to intervene in any such incident or to report
233		-	any such incident, as required under subsection (a) of section 7-282e or
234		-	section 18-81nn, as applicable; and (3) make recommendations to the
235		-	Police Officer Standards and Training Council established under section
236		-	7-294b concerning censure and suspension, renewal, cancelation or
237		-	revocation of a peace officer's certification.
238		-	(b) The Inspector General shall serve a term of four years [. On or
239		-	before the date of the expiration of the term of the Inspector General or
240		-	upon the occurrence of a vacancy in the Office of the Inspector General
241		-	for any reason, the Criminal Justice Commission shall nominate a
242		-	deputy chief state's attorney from within the Division of Criminal
243		-	Justice to fill that vacancy] from July first in the year of the appointment
244		-	unless sooner removed by the Criminal Justice Commission. The
245		-	commission shall not be precluded from [renominating] reappointing
246		-	an individual who has previously served as Inspector General. [The
247		-	Inspector General shall, upon nomination by the commission, be
248		-	appointed by the General Assembly pursuant to subsection (c) or (d) of
249		-	this section.]
250		-	[(c) Each nomination made by the Criminal Justice Commission to the
251		-	General Assembly for Inspector General shall be referred, without
252		-	debate, to the joint standing committee of the General Assembly having
253		-	cognizance of matters relating to the judiciary, which shall report on the
254		-	nomination not later than thirty legislative days from the time of
255		-	reference, but no later than seven legislative days before the adjourning
256		-	of the General Assembly. An appointment by the General Assembly of
257		-	an Inspector General shall be by concurrent resolution. The action on
258		-	the passage of each such resolution in the House and in the Senate shall
259		-	be by vote taken on the electrical roll-call device. The commission shall,
260		-	not later than five days after receiving notice that a nomination for
261		-	Inspector General has failed to be approved by the affirmative Substitute Senate Bill No. 892
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262	194
263		-	Public Act No. 21-8 9 of 13
	195	+	attorney for each judicial district or his designee. The board shall meet 146
	196	+	at least once a month to advise on state-wide prosecutorial standards 147
	197	+	and guidelines and other policy matters, including peer review and 148
	198	+	resolution of conflicts. The board shall adopt such rules as it deems 149
	199	+	necessary for the conduct of its internal affairs. 150
	200	+	Sec. 4. Section 51-280 of the general statutes is repealed and the 151
	201	+	following is substituted in lieu thereof (Effective October 1, 2021): 152
	202	+	The Chief State's Attorney and each state's attorney shall biennially 153
	203	+	prepare a merit and performance rating for each state's attorney, 154
	204	+	assistant state's attorney and deputy assistant state's attorney and shall 155
	205	+	submit the biennial merit and performance rating conducted pursuant 156
	206	+	to the policy of the Division of Criminal Justice for each state's attorney 157
	207	+	to the Criminal Justice Commission for its consideration at the time for 158
	208	+	reappointing such attorneys to any new term or terms. As part of any 159
	209	+	such biennial merit and performance rating process, the commission 160
	210	+	may call a state's attorney before the commission for questions 161
	211	+	concerning any issue raised in a biennial merit and performance rating. 162
	212	+	Sec. 5. Section 51-285 of the general statutes is repealed and the 163
	213	+	following is substituted in lieu thereof (Effective October 1, 2021): 164
	214	+	(a) The Chief State's Attorney may [appoint] recommend to the 165
	215	+	Criminal Justice Commission for appointment by said commission 166
	216	+	special assistant state's attorneys, special deputy assistant state's 167
	217	+	attorneys and special inspectors on a contractual basis for a temporary 168
	218	+	period of time. 169
	219	+	(b) Upon the request of the Attorney General, the Chief State's 170
	220	+	Attorney may designate any attorney requested by the Attorney 171
	221	+	General as a special assistant state's attorney to prosecute any criminal 172
	222	+	offense, except violations of titles 9, 14, 18, 29, 46a, 53 and 53a, chapters 173
	223	+	420b and 420c of title 21a and sections 17b-97 and 17b-99. If such 174
	224	+	designation of any attorney is denied, the Chief State's Attorney shall 175
	225	+	state the reasons for such denial in writing. 176 Substitute Bill No. 892
264	226
265		-	concurrent action of both houses of the General Assembly, make
266		-	another nomination for Inspector General.
267		-	(d) No vacancy in the position of Inspector General shall be filled by
268		-	the Criminal Justice Commission when the General Assembly is not in
269		-	session unless, prior to such filling, the commission submits the name
270		-	of the proposed vacancy appointee to the joint standing committee of
271		-	the General Assembly having cognizance of matters relating to the
272		-	judiciary. Within forty-five days, the committee on the judiciary may,
273		-	upon the call of either chairman, hold a special meeting for the purpose
274		-	of approving or disapproving such proposed vacancy appointee by
275		-	majority vote. Failure of the committee to act on such proposed vacancy
276		-	appointee within such forty-five-day period shall be deemed to be an
277		-	approval. Any appointment made pursuant to this subsection shall be
278		-	in effect until the sixth Wednesday of the next regular session of the
279		-	General Assembly, and until a successor is appointed.
280		-	(e) A deputy chief state's attorney nominated for the position of
281		-	Inspector General by the Criminal Justice Commission shall serve as
282		-	interim Inspector General pending appointment by the General
283		-	Assembly.]
284		-	[(f)] (c) An Inspector General may be removed or otherwise
285		-	disciplined only in accordance with section 51-278b.
286		-	[(g)] (d) The Inspector General may issue subpoenas to
287		-	municipalities, law enforcement units, as defined in section 7-294, the
288		-	Department of Correction and any employee or former employee of the
289		-	municipality, unit or department (1) requiring the production of reports,
290		-	records or other documents concerning an investigation described in
291		-	subsection (a) of this section that is undertaken by the Inspector General,
292		-	and (2) compelling the attendance and testimony of any person having
293		-	knowledge pertinent to such investigation. Substitute Senate Bill No. 892
294	227
295		-	Public Act No. 21-8 10 of 13
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296	231
297		-	[(h)] (e) A chief of police of a municipality, the Commissioner of
298		-	Emergency Services and Public Protection or the Commissioner of
299		-	Correction may refer and the Inspector General shall accept any such
300		-	referral of an incident described in subsection (a) of this section for
301		-	purposes of an investigation.
302		-	[(i)] (f) The Office of the Inspector General shall be at a location that
303		-	is separate from the locations of the Office of the Chief State's Attorney
304		-	or any of the state's attorneys for the judicial districts.
305		-	[(j)] (g) The Inspector General may employ necessary staff to fulfil the
306		-	duties of the Office of the Inspector General described in subsection (a)
307		-	of this section. Such staff shall be selected [from staff of the Division of
308		-	Criminal Justice] by the Inspector General within the confines of any
309		-	existing collective bargaining agreement and shall include, but not be
310		-	limited to, an assistant state's attorney or a deputy assistant state's
311		-	attorney, an inspector and administrative staff. As needed by and upon
312		-	request of the Inspector General, the Office of the Chief State's Attorney
313		-	shall ensure assistance from additional assistant state's attorneys or
314		-	deputy assistant state's attorneys, inspectors and administrative staff.
315		-	[(k) The Inspector General and any staff employed by the Office of
316		-	the Inspector General, who is not in a bargaining unit established
317		-	pursuant to sections 5-270 to 5-280, inclusive, shall, upon completion of
318		-	employment with the office of the Inspector General be transferred back
319		-	to the Division of Criminal Justice into a position equivalent or
320		-	comparable to the position such person held in the division prior to
321		-	being employed by the Office of the Inspector General. Upon such
322		-	transfer back to the division, such person shall be compensated at the
323		-	same level such person was compensated immediately prior to being
324		-	transferred back to the division.]
325		-	Sec. 7. Section 51-277a of the general statutes is repealed and the
326		-	following is substituted in lieu thereof (Effective from passage): Substitute Senate Bill No. 892
	232	+	(c) The Chief State's Attorney may designate any assistant state's 177
	233	+	attorney from the office of the Chief State's Attorney or any other 178
	234	+	assistant state's attorney on request of the appropriate state's attorney 179
	235	+	for appointment as a special assistant United States attorney to assist in 180
	236	+	the investigation and prosecution of specific criminal matters in federal 181
	237	+	court. 182
	238	+	Sec. 6. Section 51-277e of the general statutes is repealed and the 183
	239	+	following is substituted in lieu thereof (Effective from passage): 184
	240	+	(a) There is established the Office of the Inspector General that shall 185
	241	+	be [an independent] a separate office within the Division of Criminal 186
	242	+	Justice. Not later than October 1, [2020] 2021, the Criminal Justice 187
	243	+	Commission established pursuant to section 51-275a, as amended by 188
	244	+	this act, shall [nominate] appoint a deputy chief state's attorney [from 189
	245	+	within the division] as Inspector General who [, subject to appointment 190
	246	+	by the General Assembly pursuant to subsection (c) or (d) of this 191
	247	+	section,] shall lead the Office of the Inspector General. The office shall: 192
	248	+	(1) Conduct investigations of peace officers in accordance with section 193
	249	+	51-277a, as amended by this act; (2) prosecute any case in which the 194
	250	+	Inspector General determines a peace officer used force found to not be 195
	251	+	justifiable pursuant to section 53a-22 or where a police officer or 196
	252	+	correctional officer fails to intervene in any such incident or to report 197
	253	+	any such incident, as required under subsection (a) of section 7-282e or 198
	254	+	section 18-81nn, as applicable; and (3) make recommendations to the 199
	255	+	Police Officer Standards and Training Council established under section 200
	256	+	7-294b concerning censure and suspension, renewal, cancelation or 201
	257	+	revocation of a peace officer's certification. 202
	258	+	(b) The Inspector General shall serve a term of four years [. On or 203
	259	+	before the date of the expiration of the term of the Inspector General or 204
	260	+	upon the occurrence of a vacancy in the Office of the Inspector General 205
	261	+	for any reason, the Criminal Justice Commission shall nominate a 206
	262	+	deputy chief state's attorney from within the Division of Criminal 207
	263	+	Justice to fill that vacancy] from July first in the year of the appointment 208
	264	+	unless sooner removed by the Criminal Justice Commission. The 209 Substitute Bill No. 892
327	265
328		-	Public Act No. 21-8 11 of 13
329	266
330		-	(a) (1) Whenever a peace officer, in the performance of such officer's
331		-	duties, uses physical force upon another person and such person dies as
332		-	a result thereof or uses deadly force, as defined in section 53a-3, upon
333		-	another person, the [Inspector General shall investigate and determine]
334		-	Division of Criminal Justice shall cause an investigation to be made and
335		-	the Inspector General shall have the responsibility of determining
336		-	whether the use of physical force by the peace officer was justifiable
337		-	under section 53a-22.
338		-	(2) (A) Except as provided under subdivision (1) of this subsection,
339		-	whenever a person dies in the custody of a peace officer or law
340		-	enforcement agency, the Inspector General shall investigate and
341		-	determine whether physical force was used by a peace officer upon the
342		-	deceased person, and if so, whether the use of physical force by the
343		-	peace officer was justifiable under section 53a-22. If the Inspector
344		-	General determines the deceased person may have died as a result of [a
345		-	possible] criminal action not involving the use of force by a peace officer,
346		-	the Inspector General shall refer such case to the [Division of Criminal
347		-	Justice] Chief State's Attorney or state's attorney for potential
348		-	prosecution.
349		-	(B) Except as provided under subdivision (1) of this subsection or
350		-	subparagraph (A) of subdivision (2) of this subsection, whenever a
351		-	person dies in the custody of the Commissioner of Correction, the
352		-	Inspector General shall investigate and determine whether the deceased
353		-	person may have died as a result of [a possible] criminal action, and, if
354		-	so, refer such case to the [Division of Criminal Justice] Chief State's
355		-	Attorney or state's attorney for potential prosecution.
356		-	(3) The Inspector General shall request the appropriate law
357		-	enforcement agency to provide such assistance as is necessary to
358		-	[determine the circumstances of an incident investigated] investigate
359		-	and make a determination under subdivision (1) or (2) of this
360		-	subsection. Substitute Senate Bill No. 892
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361	270
362		-	Public Act No. 21-8 12 of 13
	271	+	commission shall not be precluded from [renominating] reappointing 210
	272	+	an individual who has previously served as Inspector General. [The 211
	273	+	Inspector General shall, upon nomination by the commission, be 212
	274	+	appointed by the General Assembly pursuant to subsection (c) or (d) of 213
	275	+	this section.] 214
	276	+	[(c) Each nomination made by the Criminal Justice Commission to the 215
	277	+	General Assembly for Inspector General shall be referred, without 216
	278	+	debate, to the joint standing committee of the General Assembly having 217
	279	+	cognizance of matters relating to the judiciary, which shall report on the 218
	280	+	nomination not later than thirty legislative days from the time of 219
	281	+	reference, but no later than seven legislative days before the adjourning 220
	282	+	of the General Assembly. An appointment by the General Assembly of 221
	283	+	an Inspector General shall be by concurrent resolution. The action on 222
	284	+	the passage of each such resolution in the House and in the Senate shall 223
	285	+	be by vote taken on the electrical roll-call device. The commission shall, 224
	286	+	not later than five days after receiving notice that a nomination for 225
	287	+	Inspector General has failed to be approved by the affirmative 226
	288	+	concurrent action of both houses of the General Assembly, make 227
	289	+	another nomination for Inspector General. 228
	290	+	(d) No vacancy in the position of Inspector General shall be filled by 229
	291	+	the Criminal Justice Commission when the General Assembly is not in 230
	292	+	session unless, prior to such filling, the commission submits the name 231
	293	+	of the proposed vacancy appointee to the joint standing committee of 232
	294	+	the General Assembly having cognizance of matters relating to the 233
	295	+	judiciary. Within forty-five days, the committee on the judiciary may, 234
	296	+	upon the call of either chairman, hold a special meeting for the purpose 235
	297	+	of approving or disapproving such proposed vacancy appointee by 236
	298	+	majority vote. Failure of the committee to act on such proposed vacancy 237
	299	+	appointee within such forty-five-day period shall be deemed to be an 238
	300	+	approval. Any appointment made pursuant to this subsection shall be 239
	301	+	in effect until the sixth Wednesday of the next regular session of the 240
	302	+	General Assembly, and until a successor is appointed. 241
	303	+	(e) A deputy chief state's attorney nominated for the position of 242 Substitute Bill No. 892
363	304
364		-	(4) Whenever a peace officer, in the performance of such officer's
365		-	duties, uses physical force or deadly force upon another person and
366		-	such person dies as a result thereof, the Inspector General shall complete
367		-	a preliminary status report that shall include, but need not be limited to,
368		-	(A) the name of the deceased person, (B) the gender, race, ethnicity and
369		-	age of the deceased person, (C) the date, time and location of the injury
370		-	causing such death, (D) the law enforcement agency involved, (E) the
371		-	status on the toxicology report, if available, and (F) the death certificate,
372		-	if available. The Inspector General shall complete the report and submit
373		-	a copy of such report not later than five business days after the cause of
374		-	the death is available to the Chief State's Attorney and, in accordance
375		-	with the provisions of section 11-4a, to the joint standing committees of
376		-	the General Assembly having cognizance of matters relating to the
377		-	judiciary and public safety.
378		-	(b) Upon the conclusion of the investigation of the incident, the
379		-	Inspector General shall file a report with the Chief State's Attorney
380		-	which shall contain the following: (1) The circumstances of the incident,
381		-	(2) a determination of whether the use of physical force by the peace
382		-	officer was justifiable under section 53a-22, and (3) any recommended
383		-	future action to be taken by the Office of the Inspector General as a result
384		-	of the incident. The Chief State's Attorney shall provide a copy of the
385		-	report to the chief executive officer of the municipality in which the
386		-	incident occurred and to the Commissioner of Emergency Services and
387		-	Public Protection or the chief of police of such municipality, as the case
388		-	may be, and shall make such report available to the public on the
389		-	Division of Criminal Justice's Internet web site not later than forty-eight
390		-	hours after the copies are provided to the chief executive officer and the
391		-	commissioner or chief of police.
392		-	(c) The Office of the Inspector General shall prosecute any case in
393		-	which the Inspector General determines that (1) the use of force by a
394		-	peace officer was not justifiable under section 53a-22, [and any] or (2) Substitute Senate Bill No. 892
395	305
396		-	Public Act No. 21-8 13 of 13
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397	309
398		-	there was a failure to intervene in [any] such incident or to report any
399		-	such incident, as required under subsection (a) of section 7-282e or
400		-	section 18-81nn.
401		-	Approved May 6, 2021
	310	+	Inspector General by the Criminal Justice Commission shall serve as 243
	311	+	interim Inspector General pending appointment by the General 244
	312	+	Assembly.] 245
	313	+	[(f)] (c) An Inspector General may be removed or otherwise 246
	314	+	disciplined only in accordance with section 51-278b. 247
	315	+	[(g)] (d) The Inspector General may issue subpoenas to 248
	316	+	municipalities, law enforcement units, as defined in section 7-294, the 249
	317	+	Department of Correction and any employee or former employee of the 250
	318	+	municipality, unit or department (1) requiring the production of reports, 251
	319	+	records or other documents concerning an investigation described in 252
	320	+	subsection (a) of this section that is undertaken by the Inspector General, 253
	321	+	and (2) compelling the attendance and testimony of any person having 254
	322	+	knowledge pertinent to such investigation. 255
	323	+	[(h)] (e) A chief of police of a municipality, the Commissioner of 256
	324	+	Emergency Services and Public Protection or the Commissioner of 257
	325	+	Correction may refer and the Inspector General shall accept any such 258
	326	+	referral of an incident described in subsection (a) of this section for 259
	327	+	purposes of an investigation. 260
	328	+	[(i)] (f) The Office of the Inspector General shall be at a location that 261
	329	+	is separate from the locations of the Office of the Chief State's Attorney 262
	330	+	or any of the state's attorneys for the judicial districts. 263
	331	+	[(j)] (g) The Inspector General may employ necessary staff to fulfil the 264
	332	+	duties of the Office of the Inspector General described in subsection (a) 265
	333	+	of this section. Such staff shall be selected [from staff of the Division of 266
	334	+	Criminal Justice] by the Inspector General within the confines of any 267
	335	+	existing collective bargaining agreement and shall include, but not be 268
	336	+	limited to, an assistant state's attorney or a deputy assistant state's 269
	337	+	attorney, an inspector and administrative staff. As needed by and upon 270
	338	+	request of the Inspector General, the Office of the Chief State's Attorney 271
	339	+	shall ensure assistance from additional assistant state's attorneys or 272
	340	+	deputy assistant state's attorneys, inspectors and administrative staff. 273 Substitute Bill No. 892
	341	+
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	346	+
	347	+	[(k) The Inspector General and any staff employed by the Office of 274
	348	+	the Inspector General, who is not in a bargaining unit established 275
	349	+	pursuant to sections 5-270 to 5-280, inclusive, shall, upon completion of 276
	350	+	employment with the office of the Inspector General be transferred back 277
	351	+	to the Division of Criminal Justice into a position equivalent or 278
	352	+	comparable to the position such person held in the division prior to 279
	353	+	being employed by the Office of the Inspector General. Upon such 280
	354	+	transfer back to the division, such person shall be compensated at the 281
	355	+	same level such person was compensated immediately prior to being 282
	356	+	transferred back to the division.] 283
	357	+	Sec. 7. Section 51-277a of the general statutes is repealed and the 284
	358	+	following is substituted in lieu thereof (Effective from passage): 285
	359	+	(a) (1) Whenever a peace officer, in the performance of such officer's 286
	360	+	duties, uses physical force upon another person and such person dies as 287
	361	+	a result thereof or uses deadly force, as defined in section 53a-3, upon 288
	362	+	another person, the [Inspector General shall investigate and determine] 289
	363	+	Division of Criminal Justice shall cause an investigation to be made and 290
	364	+	the Inspector General shall have the responsibility of determining 291
	365	+	whether the use of physical force by the peace officer was justifiable 292
	366	+	under section 53a-22. 293
	367	+	(2) (A) Except as provided under subdivision (1) of this subsection, 294
	368	+	whenever a person dies in the custody of a peace officer or law 295
	369	+	enforcement agency, the Inspector General shall investigate and 296
	370	+	determine whether physical force was used by a peace officer upon the 297
	371	+	deceased person, and if so, whether the use of physical force by the 298
	372	+	peace officer was justifiable under section 53a-22. If the Inspector 299
	373	+	General determines the deceased person may have died as a result of [a 300
	374	+	possible] criminal action not involving the use of force by a peace officer, 301
	375	+	the Inspector General shall refer such case to the [Division of Criminal 302
	376	+	Justice] Chief State's Attorney or state's attorney for potential 303
	377	+	prosecution. 304
	378	+	(B) Except as provided under subdivision (1) of this subsection or 305 Substitute Bill No. 892
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	384	+
	385	+	subparagraph (A) of subdivision (2) of this subsection, whenever a 306
	386	+	person dies in the custody of the Commissioner of Correction, the 307
	387	+	Inspector General shall investigate and determine whether the deceased 308
	388	+	person may have died as a result of [a possible] criminal action, and, if 309
	389	+	so, refer such case to the [Division of Criminal Justice] Chief State's 310
	390	+	Attorney or state's attorney for potential prosecution. 311
	391	+	(3) The Inspector General shall request the appropriate law 312
	392	+	enforcement agency to provide such assistance as is necessary to 313
	393	+	[determine the circumstances of an incident investigated] investigate 314
	394	+	and make a determination under subdivision (1) or (2) of this 315
	395	+	subsection. 316
	396	+	(4) Whenever a peace officer, in the performance of such officer's 317
	397	+	duties, uses physical force or deadly force upon another person and 318
	398	+	such person dies as a result thereof, the Inspector General shall complete 319
	399	+	a preliminary status report that shall include, but need not be limited to, 320
	400	+	(A) the name of the deceased person, (B) the gender, race, ethnicity and 321
	401	+	age of the deceased person, (C) the date, time and location of the injury 322
	402	+	causing such death, (D) the law enforcement agency involved, (E) the 323
	403	+	status on the toxicology report, if available, and (F) the death certificate, 324
	404	+	if available. The Inspector General shall complete the report and submit 325
	405	+	a copy of such report not later than five business days after the cause of 326
	406	+	the death is available to the Chief State's Attorney and, in accordance 327
	407	+	with the provisions of section 11-4a, to the joint standing committees of 328
	408	+	the General Assembly having cognizance of matters relating to the 329
	409	+	judiciary and public safety. 330
	410	+	(b) Upon the conclusion of the investigation of the incident, the 331
	411	+	Inspector General shall file a report with the Chief State's Attorney 332
	412	+	which shall contain the following: (1) The circumstances of the incident, 333
	413	+	(2) a determination of whether the use of physical force by the peace 334
	414	+	officer was justifiable under section 53a-22, and (3) any recommended 335
	415	+	future action to be taken by the Office of the Inspector General as a result 336
	416	+	of the incident. The Chief State's Attorney shall provide a copy of the 337
	417	+	report to the chief executive officer of the municipality in which the 338 Substitute Bill No. 892
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	423	+
	424	+	incident occurred and to the Commissioner of Emergency Services and 339
	425	+	Public Protection or the chief of police of such municipality, as the case 340
	426	+	may be, and shall make such report available to the public on the 341
	427	+	Division of Criminal Justice's Internet web site not later than forty-eight 342
	428	+	hours after the copies are provided to the chief executive officer and the 343
	429	+	commissioner or chief of police. 344
	430	+	(c) The Office of the Inspector General shall prosecute any case in 345
	431	+	which the Inspector General determines that (1) the use of force by a 346
	432	+	peace officer was not justifiable under section 53a-22, [and any] or (2) 347
	433	+	there was a failure to intervene in [any] such incident or to report any 348
	434	+	such incident, as required under subsection (a) of section 7-282e or 349
	435	+	section 18-81nn. 350
	436	+	This act shall take effect as follows and shall amend the following
	437	+	sections:
	438	+
	439	+	Section 1 October 1, 2021 51-275a
	440	+	Sec. 2 from passage 51-278(b)
	441	+	Sec. 3 October 1, 2021 51-279a
	442	+	Sec. 4 October 1, 2021 51-280
	443	+	Sec. 5 October 1, 2021 51-285
	444	+	Sec. 6 from passage 51-277e
	445	+	Sec. 7 from passage 51-277a
	446	+
	447	+
	448	+	JUD Joint Favorable Subst.
	449	+