Substitute Senate Bill No. 892
Public Act No. 21-8
AN ACT CONCERNING TH E CRIMINAL JUSTICE C OMMISSION,
DIVISION OF CRIMINAL JUSTICE AND THE OFF ICE OF THE
INSPECTOR GENERAL.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 51-275a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) There is established a Criminal Justice Commission which shall be
composed of the Chief State's Attorney and six members nominated by
the Governor and appointed by the General Assembly in accordance
with [section 4-2] subsection (i) of this section, two of whom shall be
judges of the Superior Court.
(b) The chairman shall be appointed by the Governor.
(c) Members shall serve without compensation but shall be
reimbursed for actual expenses incurred while engaged in the duties of
the commission.
(d) The commission shall post notices concerning the time, date and
place of meetings of the commission on an Internet web site operated by
the commission. Substitute Senate Bill No. 892
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(e) Any meeting of the commission held pursuant to section 51-278,
as amended by this act, or section 51-278b, the sole purpose of which is
to appoint, reappoint, remove or otherwise discipline the Chief State's
Attorney, a deputy chief state's attorney or a state's attorney, shall be
held in the Legislative Office Building and shall include an opportunity
for public testimony.
(f) The commission may adopt such rules as it deems necessary for
the conduct of its internal affairs.
(g) The commission may adopt regulations in accordance with
chapter 54 to carry out its responsibilities under this chapter.
(h) The commission shall be within the Division of Criminal Justice.
Said division shall provide staff support for the commission.
(i) Any appointed member serving on the commission on October 1,
2021, may continue to serve until the expiration of his or her term. On
and after October 1, 2021, each nomination for appointment to the
commission by the Governor shall be referred, without debate, to the
joint standing committee of the General Assembly having cognizance of
matters relating to the judiciary which shall report on each appointment
not later than thirty days after the date of reference. Each appointment
by the General Assembly of any such commission member shall be by
concurrent resolution.
Sec. 2. Subsection (b) of section 51-278 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) (1) (A) The Criminal Justice Commission shall appoint (i) two
deputy chief state's attorneys as assistant administrative heads of the
Division of Criminal Justice, one of whom shall be deputy chief state's
attorney for operations and one of whom shall be deputy chief state's
attorney for personnel, finance and administration, who shall assist the Substitute Senate Bill No. 892
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Chief State's Attorney in his duties, and (ii) one deputy chief state's
attorney who shall be [nominated] appointed by the commission, as
provided in subdivision (8) of this subsection, to serve as Inspector
General in accordance with section 51-277e, as amended by this act, who
shall receive his or her prosecutorial powers as a designee of the Chief
State's Attorney. The term of office of a deputy chief state's attorney
shall be four years from July first in the year of appointment and until
the appointment and qualification of a successor unless sooner removed
by the Criminal Justice Commission. The Criminal Justice Commission
shall designate one deputy chief state's attorney appointed under
subparagraph (A)(i) of this subsection who shall, in the absence or
disqualification of the Chief State's Attorney, exercise the powers and
duties of the Chief State's Attorney until such Chief State's Attorney
resumes his duties. For the purposes of this subparagraph, the Criminal
Justice Commission means the members of the commission other than
the Chief State's Attorney. (B) The Criminal Justice Commission shall
appoint a state's attorney for each judicial district, who shall act therein
as attorney on behalf of the state. The Criminal Justice Commission shall
also appoint, from candidates recommended by the appropriate state's
attorney and deemed qualified by the commission, as many assistant
state's attorneys and deputy assistant state's attorneys on a full-time or
part-time basis for each judicial district as the criminal business of the
court, in the opinion of the Chief State's Attorney, may require, and the
commission shall also appoint, from candidates recommended by the
Chief State's Attorney and deemed qualified by the commission, as
many assistant state's attorneys and deputy assistant state's attorneys as
are necessary, in the opinion of the Chief State's Attorney, to assist the
Chief State's Attorney. Assistant state's attorneys and deputy assistant
state's attorneys, respectively, shall assist the state's attorneys for the
judicial districts and the Chief State's Attorney in all criminal matters
and, in the absence from the district or disability of the state's attorney
or at his request, shall have and exercise all the powers and perform all
the duties of state's attorney. At least three such assistant state's Substitute Senate Bill No. 892
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attorneys or deputy assistant state's attorneys shall be designated by the
Chief State's Attorney to handle all prosecutions in the state of housing
matters deemed to be criminal. Any assistant or deputy assistant state's
attorney so designated should have a commitment to the maintenance
of decent, safe and sanitary housing and, to the extent practicable, shall
handle housing matters on a full-time basis. At least one assistant state's
attorney shall be designated by the Chief State's Attorney to handle all
prosecutions in the state of environmental matters deemed to be
criminal. Any assistant state's attorney so designated should have a
commitment to protecting the environment and, to the extent
practicable, shall handle environmental matters on a full-time basis. (C)
The Chief State's Attorney may promote any assistant state's attorney,
or deputy assistant state's attorney who assists him, and the appropriate
state's attorney may promote any assistant state's attorney or deputy
assistant state's attorney who assists such state's attorney in the judicial
district. The Chief State's Attorney shall notify the Criminal Justice
Commission of any such promotion.
(2) On and after July 1, 1985, the Chief State's Attorney, deputy chief
state's attorneys, state's attorneys, assistant state's attorneys and deputy
assistant state's attorneys shall receive salaries in accordance with a
compensation plan approved by the Department of Administrative
Services.
(3) Each state's attorney who, on June 30, 1973, was included in the
provisions of sections 51-49, 51-287 and 51-288 may elect to continue to
be so included and, each state's attorney, incumbent on July 1, 1978, who
was an assistant state's attorney, chief prosecuting attorney or deputy
chief prosecuting attorney on June 30, 1973, may elect to be included in
sections 51-49, 51-287 and 51-288, and, in each such case, the
Comptroller shall deduct from his salary five per cent thereof as
contributions for the purposes of sections 51-49, 51-287 and 51-288,
provided any person who has so elected may thereafter elect to Substitute Senate Bill No. 892
Public Act No. 21-8 5 of 13
participate in chapter 66 and thereupon his past contributions to the
State's Attorneys' Retirement Fund shall be transferred to the State
Employees Retirement Fund and he shall be credited with all prior
service. All other persons appointed under the provisions of this section
shall be subject to the provisions of chapter 66.
(4) Each Chief State's Attorney, deputy chief state's attorney or state's
attorney who (A) is ineligible to elect under subdivision (3) of this
subsection, (B) is not subject to the provisions of chapter 66, and (C) had
vested under the State Employees Retirement Fund, prior to his
appointment to such office, shall vest under the State's Attorneys'
Retirement Fund upon reappointment to any such office by the Criminal
Justice Commission.
(5) The several state's attorneys shall each hold office for eight years
from July first and until the appointment and qualification of a successor
unless sooner removed for just cause by the Criminal Justice
Commission.
(6) When any vacancy in the office of the Chief State's Attorney or the
office of a state's attorney is to be filled, the commission shall make its
appointment from the various recommendations of the Chief State's
Attorney or the appropriate state's attorney. The commission shall
determine how many recommendations it shall require for each
appointment.
(7) Each deputy chief state's attorney and state's attorney incumbent
on the date of certification by the Secretary of the State of the
constitutional amendment concerning appointment of state's attorneys,
shall serve the term for which he had been appointed prior to said date.
(8) When any appointment of a deputy chief state's attorney to serve
as Inspector General in accordance with section 51-277e, as amended by
this act, is to be made, the commission shall make such appointment by Substitute Senate Bill No. 892
Public Act No. 21-8 6 of 13
majority vote. In the event that there is a tie vote for such appointment,
the chairperson of the commission shall select the nominee from
amongst the candidates in the tie position and said candidate shall be
appointed to serve as Inspector General.
Sec. 3. Section 51-279a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
The Division of Criminal Justice Advisory Board is established,
comprised of a nonvoting member designated by the Criminal Justice
Commission, the Chief State's Attorney or his designee and the state's
attorney for each judicial district or his designee. The board shall meet
at least once a month to advise on state-wide prosecutorial standards
and guidelines and other policy matters, including peer review and
resolution of conflicts. The board shall adopt such rules as it deems
necessary for the conduct of its internal affairs.
Sec. 4. Section 51-280 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
The Chief State's Attorney and each state's attorney shall biennially
prepare a merit and performance rating for each state's attorney,
assistant state's attorney and deputy assistant state's attorney and shall
submit the biennial merit and performance rating conducted pursuant
to the policy of the Division of Criminal Justice for each state's attorney
to the Criminal Justice Commission for its consideration at the time for
reappointing such attorneys to any new term or terms. As part of any
such biennial merit and performance rating process, the commission
may call a state's attorney before the commission for questions
concerning any issue raised in a biennial merit and performance rating.
Sec. 5. Section 51-285 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) The Chief State's Attorney may [appoint] recommend to the Substitute Senate Bill No. 892
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Criminal Justice Commission for appointment by said commission
special assistant state's attorneys, special deputy assistant state's
attorneys and special inspectors on a contractual basis for a temporary
period of time.
(b) Upon the request of the Attorney General, the Chief State's
Attorney may designate any attorney requested by the Attorney
General as a special assistant state's attorney to prosecute any criminal
offense, except violations of titles 9, 14, 18, 29, 46a, 53 and 53a, chapters
420b and 420c of title 21a and sections 17b-97 and 17b-99. If such
designation of any attorney is denied, the Chief State's Attorney shall
state the reasons for such denial in writing.
(c) The Chief State's Attorney may designate any assistant state's
attorney from the office of the Chief State's Attorney or any other
assistant state's attorney on request of the appropriate state's attorney
for appointment as a special assistant United States attorney to assist in
the investigation and prosecution of specific criminal matters in federal
court.
Sec. 6. Section 51-277e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There is established the Office of the Inspector General that shall
be [an independent] a separate office within the Division of Criminal
Justice. Not later than October 1, [2020] 2021, the Criminal Justice
Commission established pursuant to section 51-275a, as amended by
this act, shall [nominate] appoint a deputy chief state's attorney [from
within the division] as Inspector General who [, subject to appointment
by the General Assembly pursuant to subsection (c) or (d) of this
section,] shall lead the Office of the Inspector General. The office shall:
(1) Conduct investigations of peace officers in accordance with section
51-277a, as amended by this act; (2) prosecute any case in which the
Inspector General determines a peace officer used force found to not be Substitute Senate Bill No. 892
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justifiable pursuant to section 53a-22 or where a police officer or
correctional officer fails to intervene in any such incident or to report
any such incident, as required under subsection (a) of section 7-282e or
section 18-81nn, as applicable; and (3) make recommendations to the
Police Officer Standards and Training Council established under section
7-294b concerning censure and suspension, renewal, cancelation or
revocation of a peace officer's certification.
(b) The Inspector General shall serve a term of four years [. On or
before the date of the expiration of the term of the Inspector General or
upon the occurrence of a vacancy in the Office of the Inspector General
for any reason, the Criminal Justice Commission shall nominate a
deputy chief state's attorney from within the Division of Criminal
Justice to fill that vacancy] from July first in the year of the appointment
unless sooner removed by the Criminal Justice Commission. The
commission shall not be precluded from [renominating] reappointing
an individual who has previously served as Inspector General. [The
Inspector General shall, upon nomination by the commission, be
appointed by the General Assembly pursuant to subsection (c) or (d) of
this section.]
[(c) Each nomination made by the Criminal Justice Commission to the
General Assembly for Inspector General shall be referred, without
debate, to the joint standing committee of the General Assembly having
cognizance of matters relating to the judiciary, which shall report on the
nomination not later than thirty legislative days from the time of
reference, but no later than seven legislative days before the adjourning
of the General Assembly. An appointment by the General Assembly of
an Inspector General shall be by concurrent resolution. The action on
the passage of each such resolution in the House and in the Senate shall
be by vote taken on the electrical roll-call device. The commission shall,
not later than five days after receiving notice that a nomination for
Inspector General has failed to be approved by the affirmative Substitute Senate Bill No. 892
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concurrent action of both houses of the General Assembly, make
another nomination for Inspector General.
(d) No vacancy in the position of Inspector General shall be filled by
the Criminal Justice Commission when the General Assembly is not in
session unless, prior to such filling, the commission submits the name
of the proposed vacancy appointee to the joint standing committee of
the General Assembly having cognizance of matters relating to the
judiciary. Within forty-five days, the committee on the judiciary may,
upon the call of either chairman, hold a special meeting for the purpose
of approving or disapproving such proposed vacancy appointee by
majority vote. Failure of the committee to act on such proposed vacancy
appointee within such forty-five-day period shall be deemed to be an
approval. Any appointment made pursuant to this subsection shall be
in effect until the sixth Wednesday of the next regular session of the
General Assembly, and until a successor is appointed.
(e) A deputy chief state's attorney nominated for the position of
Inspector General by the Criminal Justice Commission shall serve as
interim Inspector General pending appointment by the General
Assembly.]
[(f)] (c) An Inspector General may be removed or otherwise
disciplined only in accordance with section 51-278b.
[(g)] (d) The Inspector General may issue subpoenas to
municipalities, law enforcement units, as defined in section 7-294, the
Department of Correction and any employee or former employee of the
municipality, unit or department (1) requiring the production of reports,
records or other documents concerning an investigation described in
subsection (a) of this section that is undertaken by the Inspector General,
and (2) compelling the attendance and testimony of any person having
knowledge pertinent to such investigation. Substitute Senate Bill No. 892
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[(h)] (e) A chief of police of a municipality, the Commissioner of
Emergency Services and Public Protection or the Commissioner of
Correction may refer and the Inspector General shall accept any such
referral of an incident described in subsection (a) of this section for
purposes of an investigation.
[(i)] (f) The Office of the Inspector General shall be at a location that
is separate from the locations of the Office of the Chief State's Attorney
or any of the state's attorneys for the judicial districts.
[(j)] (g) The Inspector General may employ necessary staff to fulfil the
duties of the Office of the Inspector General described in subsection (a)
of this section. Such staff shall be selected [from staff of the Division of
Criminal Justice] by the Inspector General within the confines of any
existing collective bargaining agreement and shall include, but not be
limited to, an assistant state's attorney or a deputy assistant state's
attorney, an inspector and administrative staff. As needed by and upon
request of the Inspector General, the Office of the Chief State's Attorney
shall ensure assistance from additional assistant state's attorneys or
deputy assistant state's attorneys, inspectors and administrative staff.
[(k) The Inspector General and any staff employed by the Office of
the Inspector General, who is not in a bargaining unit established
pursuant to sections 5-270 to 5-280, inclusive, shall, upon completion of
employment with the office of the Inspector General be transferred back
to the Division of Criminal Justice into a position equivalent or
comparable to the position such person held in the division prior to
being employed by the Office of the Inspector General. Upon such
transfer back to the division, such person shall be compensated at the
same level such person was compensated immediately prior to being
transferred back to the division.]
Sec. 7. Section 51-277a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage): Substitute Senate Bill No. 892
Public Act No. 21-8 11 of 13
(a) (1) Whenever a peace officer, in the performance of such officer's
duties, uses physical force upon another person and such person dies as
a result thereof or uses deadly force, as defined in section 53a-3, upon
another person, the [Inspector General shall investigate and determine]
Division of Criminal Justice shall cause an investigation to be made and
the Inspector General shall have the responsibility of determining
whether the use of physical force by the peace officer was justifiable
under section 53a-22.
(2) (A) Except as provided under subdivision (1) of this subsection,
whenever a person dies in the custody of a peace officer or law
enforcement agency, the Inspector General shall investigate and
determine whether physical force was used by a peace officer upon the
deceased person, and if so, whether the use of physical force by the
peace officer was justifiable under section 53a-22. If the Inspector
General determines the deceased person may have died as a result of [a
possible] criminal action not involving the use of force by a peace officer,
the Inspector General shall refer such case to the [Division of Criminal
Justice] Chief State's Attorney or state's attorney for potential
prosecution.
(B) Except as provided under subdivision (1) of this subsection or
subparagraph (A) of subdivision (2) of this subsection, whenever a
person dies in the custody of the Commissioner of Correction, the
Inspector General shall investigate and determine whether the deceased
person may have died as a result of [a possible] criminal action, and, if
so, refer such case to the [Division of Criminal Justice] Chief State's
Attorney or state's attorney for potential prosecution.
(3) The Inspector General shall request the appropriate law
enforcement agency to provide such assistance as is necessary to
[determine the circumstances of an incident investigated] investigate
and make a determination under subdivision (1) or (2) of this
subsection. Substitute Senate Bill No. 892
Public Act No. 21-8 12 of 13
(4) Whenever a peace officer, in the performance of such officer's
duties, uses physical force or deadly force upon another person and
such person dies as a result thereof, the Inspector General shall complete
a preliminary status report that shall include, but need not be limited to,
(A) the name of the deceased person, (B) the gender, race, ethnicity and
age of the deceased person, (C) the date, time and location of the injury
causing such death, (D) the law enforcement agency involved, (E) the
status on the toxicology report, if available, and (F) the death certificate,
if available. The Inspector General shall complete the report and submit
a copy of such report not later than five business days after the cause of
the death is available to the Chief State's Attorney and, in accordance
with the provisions of section 11-4a, to the joint standing committees of
the General Assembly having cognizance of matters relating to the
judiciary and public safety.
(b) Upon the conclusion of the investigation of the incident, the
Inspector General shall file a report with the Chief State's Attorney
which shall contain the following: (1) The circumstances of the incident,
(2) a determination of whether the use of physical force by the peace
officer was justifiable under section 53a-22, and (3) any recommended
future action to be taken by the Office of the Inspector General as a result
of the incident. The Chief State's Attorney shall provide a copy of the
report to the chief executive officer of the municipality in which the
incident occurred and to the Commissioner of Emergency Services and
Public Protection or the chief of police of such municipality, as the case
may be, and shall make such report available to the public on the
Division of Criminal Justice's Internet web site not later than forty-eight
hours after the copies are provided to the chief executive officer and the
commissioner or chief of police.
(c) The Office of the Inspector General shall prosecute any case in
which the Inspector General determines that (1) the use of force by a
peace officer was not justifiable under section 53a-22, [and any] or (2) Substitute Senate Bill No. 892
Public Act No. 21-8 13 of 13
there was a failure to intervene in [any] such incident or to report any
such incident, as required under subsection (a) of section 7-282e or
section 18-81nn.
Approved May 6, 2021