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Connecticut Senate Bill SB01018

Connecticut 2021 Regular Session

Connecticut Senate Bill SB01018 Compare Versions

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66 General Assembly Raised Bill No. 1018
77 January Session, 2021
88 LCO No. 4393
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1111 Referred to Committee on JUDICIARY
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1414 Introduced by:
1515 (JUD)
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2020 AN ACT CONCERNING PR OSECUTORIAL ACCOUNTA BILITY.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Subsection (h) of section 51-275a of the general statutes is 1
2525 repealed and the following is substituted in lieu thereof (Effective October 2
2626 1, 2021): 3
2727 (h) The commission shall be [within the Division of Criminal Justice. 4
2828 Said division shall provide staff] an autonomous body within the 5
2929 Executive Department. The Office of Policy and Management shall 6
3030 provide administrative support for the commission. 7
3131 Sec. 2. Subsection (b) of section 51-278 of the general statutes is 8
3232 repealed and the following is substituted in lieu thereof (Effective October 9
3333 1, 2021): 10
3434 (b) (1) (A) The Criminal Justice Commission shall appoint (i) two 11
3535 deputy chief state's attorneys as assistant administrative heads of the 12
3636 Division of Criminal Justice, one of whom shall be deputy chief state's 13
3737 attorney for operations and one of whom shall be deputy chief state's 14
3838 attorney for personnel, finance and administration, who shall assist the 15 Raised Bill No. 1018
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4444 Chief State's Attorney in his duties, and (ii) one deputy chief state's 16
4545 attorney who shall be nominated by the commission to serve as 17
4646 Inspector General in accordance with section 51-277e. The term of office 18
4747 of a deputy chief state's attorney shall be four years from July first in the 19
4848 year of appointment and until the appointment and qualification of a 20
4949 successor unless sooner removed by the Criminal Justice Commission. 21
5050 The Criminal Justice Commission shall designate one deputy chief 22
5151 state's attorney appointed under subparagraph (A)(i) of this subsection 23
5252 who shall, in the absence or disqualification of the Chief State's 24
5353 Attorney, exercise the powers and duties of the Chief State's Attorney 25
5454 until such Chief State's Attorney resumes his duties. For the purposes of 26
5555 this subparagraph, the Criminal Justice Commission means the 27
5656 members of the commission other than the Chief State's Attorney. (B) 28
5757 The Criminal Justice Commission shall appoint a state's attorney for 29
5858 each judicial district, who shall act therein as attorney on behalf of the 30
5959 state. The Criminal Justice Commission shall also appoint, from 31
6060 candidates recommended by the appropriate state's attorney and 32
6161 deemed qualified by the commission, as many assistant state's attorneys 33
6262 and deputy assistant state's attorneys on a full-time or part-time basis 34
6363 for each judicial district as the criminal business of the court, in the 35
6464 opinion of the Chief State's Attorney, may require, and the commission 36
6565 shall also appoint, from candidates recommended by the Chief State's 37
6666 Attorney and deemed qualified by the commission, as many assistant 38
6767 state's attorneys and deputy assistant state's attorneys as are necessary, 39
6868 in the opinion of the Chief State's Attorney, to assist the Chief State's 40
6969 Attorney. Assistant state's attorneys and deputy assistant state's 41
7070 attorneys, respectively, shall assist the state's attorneys for the judicial 42
7171 districts and the Chief State's Attorney in all criminal matters and, in the 43
7272 absence from the district or disability of the state's attorney or at his 44
7373 request, shall have and exercise all the powers and perform all the duties 45
7474 of state's attorney. At least three such assistant state's attorneys or 46
7575 deputy assistant state's attorneys shall be designated by the Chief State's 47
7676 Attorney to handle all prosecutions in the state of housing matters 48
7777 deemed to be criminal. Any assistant or deputy assistant state's attorney 49
7878 so designated should have a commitment to the maintenance of decent, 50 Raised Bill No. 1018
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8484 safe and sanitary housing and, to the extent practicable, shall handle 51
8585 housing matters on a full-time basis. At least one assistant state's 52
8686 attorney shall be designated by the Chief State's Attorney to handle all 53
8787 prosecutions in the state of environmental matters deemed to be 54
8888 criminal. Any assistant state's attorney so designated should have a 55
8989 commitment to protecting the environment and, to the extent 56
9090 practicable, shall handle environmental matters on a full-time basis. (C) 57
9191 The Chief State's Attorney may promote any assistant state's attorney, 58
9292 or deputy assistant state's attorney who assists him, and the appropriate 59
9393 state's attorney may promote any assistant state's attorney or deputy 60
9494 assistant state's attorney who assists such state's attorney in the judicial 61
9595 district. 62
9696 (2) On and after July 1, 1985, the Chief State's Attorney, deputy chief 63
9797 state's attorneys, state's attorneys, assistant state's attorneys and deputy 64
9898 assistant state's attorneys shall receive salaries in accordance with a 65
9999 compensation plan approved by the Department of Administrative 66
100100 Services. 67
101101 (3) Each state's attorney who, on June 30, 1973, was included in the 68
102102 provisions of sections 51-49, 51-287 and 51-288 may elect to continue to 69
103103 be so included and, each state's attorney, incumbent on July 1, 1978, who 70
104104 was an assistant state's attorney, chief prosecuting attorney or deputy 71
105105 chief prosecuting attorney on June 30, 1973, may elect to be included in 72
106106 sections 51-49, 51-287 and 51-288, and, in each such case, the 73
107107 Comptroller shall deduct from his salary five per cent thereof as 74
108108 contributions for the purposes of sections 51-49, 51-287 and 51-288, 75
109109 provided any person who has so elected may thereafter elect to 76
110110 participate in chapter 66 and thereupon his past contributions to the 77
111111 State's Attorneys' Retirement Fund shall be transferred to the State 78
112112 Employees Retirement Fund and he shall be credited with all prior 79
113113 service. All other persons appointed under the provisions of this section 80
114114 shall be subject to the provisions of chapter 66. 81
115115 (4) Each Chief State's Attorney, deputy chief state's attorney or state's 82
116116 attorney who (A) is ineligible to elect under subdivision (3) of this 83 Raised Bill No. 1018
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122122 subsection, (B) is not subject to the provisions of chapter 66, and (C) had 84
123123 vested under the State Employees Retirement Fund, prior to his 85
124124 appointment to such office, shall vest under the State's Attorneys' 86
125125 Retirement Fund upon reappointment to any such office by the Criminal 87
126126 Justice Commission. 88
127127 (5) The several state's attorneys shall each hold office for [eight] five 89
128128 years from July first and until the appointment and qualification of a 90
129129 successor unless sooner removed for just cause by the Criminal Justice 91
130130 Commission. Beginning July 1, 2022, the commission shall biennially 92
131131 evaluate the performance of each state's attorney in accordance with 93
132132 section 51-280, as amended by this act. 94
133133 (6) When any vacancy in the office of the Chief State's Attorney or the 95
134134 office of a state's attorney is to be filled, the commission shall make its 96
135135 appointment from the various recommendations of the Chief State's 97
136136 Attorney or the appropriate state's attorney. 98
137137 (7) Each deputy chief state's attorney and state's attorney incumbent 99
138138 on the date of certification by the Secretary of the State of the 100
139139 constitutional amendment concerning appointment of state's attorneys, 101
140140 shall serve the term for which he had been appointed prior to said date. 102
141141 Sec. 3. Section 51-279a of the general statutes is repealed and the 103
142142 following is substituted in lieu thereof (Effective July 1, 2021): 104
143143 (a) The Division of Criminal Justice Advisory Board is established, 105
144144 comprised of the Chief State's Attorney or his designee and the state's 106
145145 attorney for each judicial district or his designee. The board shall [meet 107
146146 at least once a month to advise on state-wide prosecutorial standards 108
147147 and guidelines and other policy matters, including peer review and 109
148148 resolution of conflicts. The board shall adopt such rules as it deems 110
149149 necessary for the conduct of its internal affairs.] develop uniform 111
150150 written Division of Criminal Justice policies on or before December 31, 112
151151 2021. The policies shall include, but not be limited to, standards 113
152152 concerning the following subject areas: 114 Raised Bill No. 1018
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158158 (1) Charging decisions, concerning: 115
159159 (A) Initiation of charges, 116
160160 (B) Charging juveniles as adults, 117
161161 (C) The standard of proof required to initiate and maintain charges, 118
162162 (D) Investigatory and discovery materials to be reviewed before 119
163163 charging, and 120
164164 (E) Diversionary program referrals; 121
165165 (2) Pretrial release pursuant to section 54-63b, concerning: 122
166166 (A) Pretrial release standards for specific offenses and offense 123
167167 categories, 124
168168 (B) Criteria for determining the amount of security release requested 125
169169 for charged offenses, 126
170170 (C) Review of pretrial release recommendations by supervisory staff 127
171171 within each judicial district, and 128
172172 (D) Reevaluation of pretrial detention throughout the pretrial period; 129
173173 (3) Pretrial discovery, concerning: 130
174174 (A) Facilitation of prompt and complete initial discovery to the 131
175175 defense, 132
176176 (B) Ongoing discovery to the defense when new evidence is made 133
177177 known to the state's attorney's office, 134
178178 (C) Disclosure of complete file by law enforcement to the state's 135
179179 attorney's office, and 136
180180 (D) Provision of discovery materials prior to entering into a plea 137
181181 agreement and prior to the beginning of a trial; 138 Raised Bill No. 1018
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187187 (4) Diversionary programs, concerning: 139
188188 (A) Eligibility and criteria for referral, and 140
189189 (B) Minimizing or eliminating costs to defendants; 141
190190 (5) Plea agreements, concerning: 142
191191 (A) Factors for consideration when evaluating a defendant for a plea 143
192192 agreement, such as offense categories, defendant characteristics and 144
193193 specific mitigating or aggravating factors, and 145
194194 (B) The effect of a defendant's failure to enter into a plea agreement 146
195195 on future sentencing recommendations; 147
196196 (6) Sentencing recommendations, including: 148
197197 (A) Factors for recommendation of alternatives to incarceration, 149
198198 (B) Factors for requesting imposition of fines and fees, including 150
199199 attorney fees for appointed counsel, 151
200200 (C) Factors for sentencing recommendations (i) in excess of any 152
201201 applicable mandatory minimums, or (ii) at any applicable statutory 153
202202 maximum, 154
203203 (D) The process for participating in presentencing reports, including 155
204204 making recommendations for sentencing variances contained in such 156
205205 reports, and 157
206206 (E) Consideration and recording of projected expenditures of state or 158
207207 municipal funds associated with sentencing recommendations; 159
208208 (7) Post-sentence recommendations, including: 160
209209 (A) Factors for recommending termination of post-sentence 161
210210 supervised or conditional release, 162
211211 (B) Factors for recommending pardons and other post-sentence relief, 163
212212 and 164 Raised Bill No. 1018
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218218 (C) The process for review of convictions and sentences challenged 165
219219 as unlawful; 166
220220 (8) Victim engagement and involvement, including: 167
221221 (A) Eligibility for victim involvement in charging decisions and other 168
222222 processes, and 169
223223 (B) Working with the Victim Advocate to develop uniform processes 170
224224 for victim outreach and support; 171
225225 (9) Case management and staffing, including transfer, continuance 172
226226 and staffing standards; 173
227227 (10) Uniform prosecutorial ethics standards in addition to the ethical 174
228228 standards pertaining to all attorneys; 175
229229 (11) The use of a grand jury for investigations; 176
230230 (12) Circumstances and procedures for deviating from the policies 177
231231 created by the advisory board pursuant to this subsubsection; 178
232232 (13) A uniform assessment tool for conducting annual performance 179
233233 evaluations for all deputy assistant state's attorneys, assistant state's 180
234234 attorneys, senior assistant state's attorneys, supervisory assistant state's 181
235235 attorneys and any other prosecuting attorneys; and 182
236236 (14) Any other rules the advisory board deems necessary for the 183
237237 conduct of its internal affairs. 184
238238 (b) Not later than sixty days after the advisory board has developed 185
239239 uniform policies in accordance with subsection (a) of this section, but in 186
240240 no event after March 1, 2022, the members of the Criminal Justice 187
241241 Commission shall review and approve the uniform policies developed 188
242242 by the advisory board, if such policies address each subdivision of 189
243243 subsection (a) of this section. If the commission determines that such 190
244244 policies do not address one or more subdivisions of subsection (a) of this 191
245245 section, the commission shall submit a written report to the advisory 192 Raised Bill No. 1018
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251251 board detailing which subdivisions of subsection (a) of this section need 193
252252 to be addressed in revised uniform policies. The advisory board shall 194
253253 revise the uniform policies to address each such subdivision and shall 195
254254 submit the revised uniform policies to the commission not later than ten 196
255255 days after receipt of such written report. Not later than thirty days after 197
256256 receipt of such revised uniform policies, the commission shall review 198
257257 and approve the revised uniform policies if such policies address each 199
258258 subdivision of subsection (a) of this section. If such revised uniform 200
259259 policies do not address each subdivision of subsection (a) of this section, 201
260260 the commission shall submit a written report to the advisory board and 202
261261 the advisory board shall further revise the uniform policies, in 203
262262 accordance with the provisions of this subsection. 204
263263 (c) Upon approval of the policies by the Criminal Justice Commission 205
264264 pursuant to subsection (b) of this section, the advisory board shall vote 206
265265 to adopt the uniform polices on or before July 1, 2022. Upon adoption of 207
266266 the uniform policies and not later than July 1, 2022, the advisory board 208
267267 shall post the adopted uniform policies on the Division of Criminal 209
268268 Justice's Internet web site. 210
269269 (d) (1) Not later than five years after the initial adoption of the policies 211
270270 approved pursuant to subsection (b) of this section, and every five years 212
271271 thereafter, the advisory board shall: 213
272272 (A) Review the policies; 214
273273 (B) Post on the Division of Criminal Justice's Internet web site notices 215
274274 concerning the time, date and place of any meeting of the advisory 216
275275 board for the purpose of making revisions to the uniform policies; 217
276276 (C) Hold a public meeting with opportunity for public testimony 218
277277 regarding the review or revision of uniform policies; and 219
278278 (D) Revise uniform policies, if necessary. 220
279279 (2) Upon any such revisions, the advisory board shall submit such 221
280280 revised uniform policies to the Criminal Justice Commission, which 222 Raised Bill No. 1018
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286286 shall review the revised uniform policies and approve such revised 223
287287 uniform policies in accordance with subsection (b) of this section. Not 224
288288 later than thirty days after such approval by the commission, the 225
289289 advisory board shall vote to adopt the uniform policies. Not later than 226
290290 thirty days after the adoption of such revised uniform policies, the 227
291291 advisory board shall post the adopted revised uniform policies on the 228
292292 Division of Criminal Justice's Internet web site. 229
293293 (e) The advisory board shall meet at least quarterly to review the 230
294294 policies adopted pursuant to subsection (b) of this section and to advise 231
295295 on other standards, guidelines and policy matters. 232
296296 (f) Each state's attorney shall adopt and make available to the 233
297297 prosecuting attorneys within the state's attorney's judicial district the 234
298298 uniform policies adopted in accordance with subsection (c) of this 235
299299 section not later than July 1, 2022. Each state's attorney shall implement 236
300300 the policies within that judicial district and direct all prosecuting 237
301301 attorneys within the judicial district to comply with such policies. All 238
302302 state's attorneys shall adopt and implement any revision to the policies 239
303303 adopted in accordance with subsection (d) of this section. 240
304304 (g) The advisory board shall establish a methodology for the state's 241
305305 attorney of each judicial district to monitor and track information 242
306306 regarding compliance with the uniform or revised uniform policies 243
307307 adopted in accordance with subsection (c) or (d) of this section. 244
308308 Sec. 4. Section 51-279c of the general statutes is repealed and the 245
309309 following is substituted in lieu thereof (Effective October 1, 2021): 246
310310 The Chief State's Attorney shall establish a formal training program 247
311311 for all newly-appointed prosecuting attorneys consisting of not less than 248
312312 five days and an ongoing training program for all prosecuting attorneys 249
313313 consisting of not less than two days each year. Such training programs 250
314314 shall commence January 1, 1998. On and after July 1, 2022, all such 251
315315 training programs shall include training on (1) racial bias, including 252
316316 implicit bias; (2) systemic collateral consequences of arrest, charging and 253
317317 incarceration; (3) available conviction and sentencing alternatives; (4) 254 Raised Bill No. 1018
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323323 victim interview techniques; (5) mental illness and trauma; and (6) 255
324324 reentry strategies for offenders released into the community. At least 256
325325 one day of each ongoing training program and of each training program 257
326326 for newly appointed prosecuting attorneys shall be held in a state 258
327327 correctional facility. 259
328328 Sec. 5. Section 51-280 of the general statutes is repealed and the 260
329329 following is substituted in lieu thereof (Effective October 1, 2021): 261
330330 (a) The [Chief State's Attorney and each state's attorney] Office of 262
331331 Policy and Management shall prepare a [merit and] performance 263
332332 [rating] report for each state's attorney [, assistant state's attorney and 264
333333 deputy assistant state's attorney and shall submit the merit and 265
334334 performance rating for each state's attorney to the Criminal Justice 266
335335 Commission for its consideration at the time for reappointing such 267
336336 attorneys to any new term or terms.] based upon data collected pursuant 268
337337 to section 51-286j, as amended by this act. The Office of Policy and 269
338338 Management shall provide the performance report for the state's 270
339339 attorneys for New Britain, Ansonia-Milford, Middlesex, Stamford-271
340340 Norwalk, Hartford and Waterbury to the Criminal Justice Commission 272
341341 on or before July 1, 2022, and every two years thereafter. The Office of 273
342342 Policy and Management shall provide the performance report for the 274
343343 state's attorneys for Danbury, Fairfield, Litchfield, New Haven, New 275
344344 London, Tolland and Windham to the Criminal Justice Commission on 276
345345 or before July 1, 2023, and every two years thereafter. The commission 277
346346 shall provide each performance report to the state's attorney who is the 278
347347 subject of the performance report and to the Commission on Human 279
348348 Rights and Opportunities and post such report on the Internet web site 280
349349 for the Division of Criminal Justice on the same date that the 281
350350 performance report is provided to the commission. 282
351351 (b) The performance report for each state's attorney required 283
352352 pursuant to subsection (a) of this section shall include, but need not be 284
353353 limited to, the following categories of data for the judicial district that 285
354354 the state's attorney oversees for the evaluation period: 286 Raised Bill No. 1018
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360360 (1) The disparity, if any, in outcomes for different demographic 287
361361 groups involved in the criminal justice process, in: 288
362362 (A) Arrests, including citations, summonses, custody arrests, 289
363363 warrants and on-site arrests, 290
364364 (B) Diversionary program applications, successful completions and 291
365365 failures to complete, 292
366366 (C) Nonjudicial sanctions, 293
367367 (D) Plea agreements, including agreements involving probation, 294
368368 agreements involving imprisonment, other agreements and 295
369369 prosecutors' last best offer, 296
370370 (E) Trial dispositions, including dispositions involving probation, 297
371371 dispositions involving prison and other dispositions, 298
372372 (F) Sentence lengths, 299
373373 (G) Court fees or fines, and 300
374374 (H) Restitution amounts ordered; 301
375375 (2) The efficient, timely and consistent administration of criminal 302
376376 cases, as measured by the: 303
377377 (A) Total number of cases dismissed, not prosecuted and nolled, and 304
378378 cases dismissed, not prosecuted and nolled as a percentage of total cases 305
379379 charged, 306
380380 (B) Total number of cases resolved by plea agreement and cases 307
381381 resolved by plea agreement as a percentage of total cases charged, 308
382382 (C) Total number of continuances granted, and 309
383383 (D) Total number of cases resolved by plea agreement where the 310
384384 defendant pled guilty or by plea agreement where the defendant pled 311
385385 guilty or nolo contendere to a lesser charge than that initially charged as 312 Raised Bill No. 1018
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391391 a percentage of total cases resolved by plea agreement; 313
392392 (3) The proportionality of criminal justice outcomes relative to both 314
393393 offenses and to the community needs, as measured by the: 315
394394 (A) Total number of cases referred for diversionary programs and 316
395395 cases referred for diversionary programs as a percentage of overall 317
396396 number of cases, 318
397397 (B) Total number of cases with a defendant under twenty-one years 319
398398 of age and the percentage of cases where the defendant was charged as 320
399399 an adult, 321
400400 (C) Total number of median incarceration days for sentences in 322
401401 misdemeanor cases and for sentences in felony cases, 323
402402 (D) Total number of case convictions with a sentence of probation or 324
403403 parole for misdemeanor cases and felony cases, 325
404404 (E) Median probation time in misdemeanor cases and felony cases, 326
405405 (F) Percentage of cases for which restitution was ordered as part of 327
406406 the sentence in misdemeanor cases and felony cases, 328
407407 (G) Total number of sentence modification requests received and 329
408408 total number of sentence modification requests consented to, and 330
409409 (H) Total number of prison admissions from the judicial district as a 331
410410 result of convictions; 332
411411 (4) Internal management and functioning of the state's attorney's 333
412412 office, as measured by the: 334
413413 (A) Existence of and compliance with a business plan for the judicial 335
414414 district, 336
415415 (B) Compliance with the policies created pursuant to section 51-279a 337
416416 as amended by this act, 338 Raised Bill No. 1018
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422422 (C) Overall percentage of prosecuting attorneys within the state's 339
423423 attorney's judicial district by race, sex, ethnicity and age, along with 340
424424 percentage of prosecuting attorneys within leadership positions and 341
425425 within nonleadership positions by race, sex, ethnicity and age, 342
426426 (D) Overall median number of cases per prosecuting attorney within 343
427427 the state's attorney's judicial district, along with the number of 344
428428 misdemeanors and felonies charged per prosecuting attorney, 345
429429 (E) Percentage of all cases dismissed, not prosecuted and nolled that 346
430430 resulted from a lack of witness cooperation, 347
431431 (F) Total number of meritorious ethics violations by prosecuting 348
432432 attorneys within the state's attorney's judicial district, and 349
433433 (G) Median number of hours of professional and legal training 350
434434 completed by prosecuting attorneys within the state's attorney's judicial 351
435435 district, including median number of hours of training on the topics 352
436436 specified in section 51-279c, as amended by this act; and 353
437437 (5) The health of communities impacted by prosecution, as measured 354
438438 by: 355
439439 (A) Victim satisfaction as measured by section 51-279a, as amended 356
440440 by this act, 357
441441 (B) Number of staff assigned to community-based subdivisions 358
442442 within state's attorney's judicial district, 359
443443 (C) Percentage of defendants referred to diversionary programs who 360
444444 successfully complete such programs, 361
445445 (D) Percentage of people who were released from incarceration 362
446446 within the preceding three years who are homeless or without 363
447447 permanent or stable dwellings within the state's attorney's judicial 364
448448 district, 365
449449 (E) Percentage of felony cases dismissed, not prosecuted and nolled 366 Raised Bill No. 1018
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455455 in the highest crime zip code in the judicial district and the percentage 367
456456 of felony cases dismissed, not prosecuted and nolled in the lowest crime 368
457457 zip code in the judicial district, and 369
458458 (F) Percentage of felony cases dismissed, not prosecuted and nolled 370
459459 in the highest median income zip code in the judicial district and the 371
460460 percentage of felony cases dismissed, not prosecuted and nolled in the 372
461461 lowest median income zip code in the judicial district. 373
462462 (c) Using the performance report created by the Office of Policy and 374
463463 Management, the Criminal Justice Commission shall conduct a 375
464464 performance review of each state's attorney every two years after the 376
465465 Office of Policy and Management has filed performance reports for that 377
466466 year, with performance review for the state's attorneys for New Britain, 378
467467 Ansonia-Milford, Middlesex, Stamford-Norwalk, Hartford and 379
468468 Waterbury being conducted in even-numbered years and performance 380
469469 reviews for the state's attorneys for Danbury, Fairfield, Litchfield, New 381
470470 Haven, New London, Tolland and Windham being conducted in odd-382
471471 numbered years. Each performance review shall occur at a regularly 383
472472 scheduled, duly noticed public meeting and shall include the 384
473473 opportunity for public comment. The commission shall review the 385
474474 performance report for each state's attorney, with the state's attorney 386
475475 given the opportunity to explain any discrepancies between the judicial 387
476476 districts or between past and present performance. 388
477477 (d) When a state's attorney is being considered for reappointment, the 389
478478 performance reports created by the Office of Policy and Management 390
479479 and the performance reviews conducted by the Criminal Justice 391
480480 Commission may be considered by the Criminal Justice Commission. 392
481481 Sec. 6. Section 51-286j of the general statutes is repealed and the 393
482482 following is substituted in lieu thereof (Effective October 1, 2021): 394
483483 (a) The Division of Criminal Justice, in consultation with the Judicial 395
484484 Branch, the Department of Correction and the Criminal Justice 396
485485 Information System Governing Board, established under section 54-142, 397
486486 shall collect for the purposes of section 4-68ff disaggregated, case level 398 Raised Bill No. 1018
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492492 data by docket number pertaining to defendants who are eighteen years 399
493493 of age or older at the time of the commission of an alleged offense under 400
494494 each of the categories described in subdivisions (1) to [(13)] (14), 401
495495 inclusive, of this subsection, as follows: 402
496496 (1) Arrests, including data on citations, summonses, custody arrests, 403
497497 warrants and on-site arrests; 404
498498 (2) Arraignments of individuals in custody; 405
499499 (3) Continuances; 406
500500 (4) Diversionary programs, including data on program applications, 407
501501 program diversions, successful completions by defendants of such 408
502502 programs, failures by defendants to complete such programs and 409
503503 people in diversion on the first of the month; 410
504504 (5) Contact between victims and prosecutorial officials, including 411
505505 data on cases involving victims; 412
506506 (6) Dispositions, including data on pending cases and cases disposed 413
507507 of; 414
508508 (7) Nonjudicial sanctions, including data on nonjudicial sanctions 415
509509 applied, successful completion of nonjudicial sanctions, failure of 416
510510 nonjudicial sanctions and persons on nonjudicial sanction status on the 417
511511 first of the month; 418
512512 (8) Plea agreements, including data on total plea agreements, 419
513513 agreements involving probation, agreements involving prison, other 420
514514 agreements and prosecutor's last best offer; 421
515515 (9) Cases going to trial, including data on cases added per month, 422
516516 pending trial cases, plea offers accepted by the court per month, plea 423
517517 offers rejected by the court per month, disposition by trial, disposition 424
518518 involving probation, disposition involving prison and other 425
519519 dispositions; 426 Raised Bill No. 1018
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525525 (10) Demographics, including data on race, sex, ethnicity and age; 427
526526 (11) Court fees or fines, including those imposed by the court at the 428
527527 disposition of the defendant's case and any outstanding balance the 429
528528 defendant may have on such fees or fines; 430
529529 (12) Restitution amounts ordered pursuant to subsection (c) of section 431
530530 53a-28, including any amount collected by the court and any amount 432
531531 paid to a victim; [and] 433
532532 (13) The zip code of the defendant's primary residence; and 434
533533 (14) Uses of force investigated by the Office of the Inspector General. 435
534534 (b) No information collected under this section that personally 436
535535 identifies a victim may be disclosed under section 4-68ff. 437
536536 Sec. 7. Section 51-277c of the general statutes is repealed. (Effective 438
537537 October 1, 2021) 439
538538 This act shall take effect as follows and shall amend the following
539539 sections:
540540
541541 Section 1 October 1, 2021 51-275a(h)
542542 Sec. 2 October 1, 2021 51-278(b)
543543 Sec. 3 July 1, 2021 51-279a
544544 Sec. 4 October 1, 2021 51-279c
545545 Sec. 5 October 1, 2021 51-280
546546 Sec. 6 October 1, 2021 51-286j
547547
548548 Statement of Purpose:
549549 To (1) increase prosecutorial accountability by (A) providing that the
550550 Criminal Justice Commission be an autonomous body, (B) requiring
551551 biennial performance evaluations of state's attorneys, (C) requiring
552552 adoption and implementation of uniform policies, (D) amending
553553 training requirements for prosecutors, (E) outlining data upon which
554554 state's attorney performance ratings are based, (F) making policies and
555555 reports available online, and (G) adding use of force investigations as a
556556 category for which case level data is collected, and (2) repeal the
557557 requirement that in the investigation and prosecution of crime, priority Raised Bill No. 1018
558558
559559
560560
561561 LCO No. 4393 17 of 17
562562
563563 be given to crimes involving physical violence or the possession of a
564564 firearm.
565565 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
566566 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
567567 underlined.]
568568