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General Assembly Substitute Bill No. 307
February Session, 2022
AN ACT CONCERNING PROSECUTORIAL ACCOUNTABILITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (h) of section 51-275a of the 2022 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2022): 3
(h) The commission shall be within the [Division of Criminal Justice. 4
Said division shall provide staff] Office of Governmental Accountability 5
established under section 1-300, as amended by this act, which shall 6
provide administrative support for the commission. 7
Sec. 2. Subsection (b) of section 51-278 of the 2022 supplement to the 8
general statutes is repealed and the following is substituted in lieu 9
thereof (Effective October 1, 2022): 10
(b) (1) (A) The Criminal Justice Commission shall appoint (i) two 11
deputy chief state's attorneys as assistant administrative heads of the 12
Division of Criminal Justice, one of whom shall be deputy chief state's 13
attorney for operations and one of whom shall be deputy chief state's 14
attorney for personnel, finance and administration, who shall assist the 15
Chief State's Attorney in his duties, and (ii) one deputy chief state's 16
attorney who shall be appointed by the commission, as provided in 17 Substitute Bill No. 307
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subdivision (8) of this subsection, to serve as Inspector General in 18
accordance with section 51-277e, who shall receive his or her 19
prosecutorial powers as a designee of the Chief State's Attorney. The 20
term of office of a deputy chief state's attorney shall be four years from 21
July first in the year of appointment and until the appointment and 22
qualification of a successor unless sooner removed by the Criminal 23
Justice Commission. The Criminal Justice Commission shall designate 24
one deputy chief state's attorney appointed under subparagraph (A)(i) 25
of this subsection who shall, in the absence or disqualification of the 26
Chief State's Attorney, exercise the powers and duties of the Chief 27
State's Attorney until such Chief State's Attorney resumes his duties. For 28
the purposes of this subparagraph, the Criminal Justice Commission 29
means the members of the commission other than the Chief State's 30
Attorney. (B) The Criminal Justice Commission shall appoint a state's 31
attorney for each judicial district, who shall act therein as attorney on 32
behalf of the state. The Criminal Justice Commission shall also appoint, 33
from candidates recommended by the appropriate state's attorney and 34
deemed qualified by the commission, as many assistant state's attorneys 35
and deputy assistant state's attorneys on a full-time or part-time basis 36
for each judicial district as the criminal business of the court, in the 37
opinion of the Chief State's Attorney, may require, and the commission 38
shall also appoint, from candidates recommended by the Chief State's 39
Attorney and deemed qualified by the commission, as many assistant 40
state's attorneys and deputy assistant state's attorneys as are necessary, 41
in the opinion of the Chief State's Attorney, to assist the Chief State's 42
Attorney. Assistant state's attorneys and deputy assistant state's 43
attorneys, respectively, shall assist the state's attorneys for the judicial 44
districts and the Chief State's Attorney in all criminal matters and, in the 45
absence from the district or disability of the state's attorney or at his 46
request, shall have and exercise all the powers and perform all the duties 47
of state's attorney. At least three such assistant state's attorneys or 48
deputy assistant state's attorneys shall be designated by the Chief State's 49
Attorney to handle all prosecutions in the state of housing matters 50
deemed to be criminal. Any assistant or deputy assistant state's attorney 51
so designated should have a commitment to the maintenance of decent, 52 Substitute Bill No. 307
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safe and sanitary housing and, to the extent practicable, shall handle 53
housing matters on a full-time basis. At least one assistant state's 54
attorney shall be designated by the Chief State's Attorney to handle all 55
prosecutions in the state of environmental matters deemed to be 56
criminal. Any assistant state's attorney so designated should have a 57
commitment to protecting the environment and, to the extent 58
practicable, shall handle environmental matters on a full-time basis. (C) 59
The Chief State's Attorney may promote any assistant state's attorney, 60
or deputy assistant state's attorney who assists him, and the appropriate 61
state's attorney may promote any assistant state's attorney or deputy 62
assistant state's attorney who assists such state's attorney in the judicial 63
district. The Chief State's Attorney shall notify the Criminal Justice 64
Commission of any such promotion. 65
(2) On and after July 1, 1985, the Chief State's Attorney, deputy chief 66
state's attorneys, state's attorneys, assistant state's attorneys and deputy 67
assistant state's attorneys shall receive salaries in accordance with a 68
compensation plan approved by the Department of Administrative 69
Services. 70
(3) Each state's attorney who, on June 30, 1973, was included in the 71
provisions of sections 51-49, 51-287 and 51-288 may elect to continue to 72
be so included and, each state's attorney, incumbent on July 1, 1978, who 73
was an assistant state's attorney, chief prosecuting attorney or deputy 74
chief prosecuting attorney on June 30, 1973, may elect to be included in 75
sections 51-49, 51-287 and 51-288, and, in each such case, the 76
Comptroller shall deduct from his salary five per cent thereof as 77
contributions for the purposes of sections 51-49, 51-287 and 51-288, 78
provided any person who has so elected may thereafter elect to 79
participate in chapter 66 and thereupon his past contributions to the 80
State's Attorneys' Retirement Fund shall be transferred to the State 81
Employees Retirement Fund and he shall be credited with all prior 82
service. All other persons appointed under the provisions of this section 83
shall be subject to the provisions of chapter 66. 84
(4) Each Chief State's Attorney, deputy chief state's attorney or state's 85 Substitute Bill No. 307
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attorney who (A) is ineligible to elect under subdivision (3) of this 86
subsection, (B) is not subject to the provisions of chapter 66, and (C) had 87
vested under the State Employees Retirement Fund, prior to his 88
appointment to such office, shall vest under the State's Attorneys' 89
Retirement Fund upon reappointment to any such office by the Criminal 90
Justice Commission. 91
(5) The several state's attorneys shall each hold office for [eight] five 92
years from July first and until the appointment and qualification of a 93
successor unless sooner removed for just cause by the Criminal Justice 94
Commission. Beginning July 1, 2023, the commission shall biennially 95
evaluate the performance of each state's attorney in accordance with 96
section 51-280, as amended by this act. 97
(6) When any vacancy in the office of the Chief State's Attorney or the 98
office of a state's attorney is to be filled, the commission shall make its 99
appointment from the various recommendations of the Chief State's 100
Attorney or the appropriate state's attorney. The commission shall 101
determine how many recommendations it shall require for each 102
appointment. 103
(7) Each deputy chief state's attorney and state's attorney incumbent 104
on the date of certification by the Secretary of the State of the 105
constitutional amendment concerning appointment of state's attorneys, 106
shall serve the term for which he had been appointed prior to said date. 107
(8) When any appointment of a deputy chief state's attorney to serve 108
as Inspector General in accordance with section 51-277e is to be made, 109
the commission shall make such appointment by majority vote. In the 110
event that there is a tie vote for such appointment, the chairperson of 111
the commission shall select the nominee from amongst the candidates 112
in the tie position and said candidate shall be appointed to serve as 113
Inspector General. 114
Sec. 3. Subsection (c) of section 51-278b of the general statutes is 115
repealed and the following is substituted in lieu thereof (Effective July 1, 116 Substitute Bill No. 307
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2022): 117
(c) The Criminal Justice Commission may discipline for just cause 118
after due notice and hearing by reprimand, demotion or suspension 119
with or without pay from his or her office up to fifteen days, a Chief 120
State's Attorney, deputy chief state's attorney or state's attorney. A 121
recommendation for discipline may be initiated by the Chief State's 122
Attorney. The Chief State's Attorney may discipline any assistant state's 123
attorney or deputy assistant state's attorney who assists [him] the Chief 124
State's Attorney or the appropriate state's attorney may discipline any 125
assistant state's attorney or deputy assistant state's attorney who assists 126
[him] such state's attorney, for just cause after due notice and hearing 127
by reprimand, demotion or suspension with or without pay from his or 128
her office up to fifteen days. 129
Sec. 4. (Effective from passage) (a) The Division of Criminal Justice 130
Advisory Board, established pursuant to section 51-279a of the general 131
statutes, shall develop recommended policies on or before November 1, 132
2023. Such policies shall be for the purpose of increasing efficiency, 133
ensuring fairness and eliminating bias across the judicial districts. Such 134
policies shall include, but are not limited to, those addressing: 135
(1) Preliminary criminal case decisions, including: 136
(A) Initiation of charges; 137
(B) Charging juveniles as adults; 138
(C) The standard of proof required to initiate and maintain charges; 139
and 140
(D) Investigatory and discovery materials to be reviewed before 141
charging; 142
(2) Compliance with and enforcement of the state constitutional 143
rights of victims; 144 Substitute Bill No. 307
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(3) Case management and staffing, including transfer, continuance 145
and staffing standards; 146
(4) The use of a grand jury for investigations; 147
(5) Circumstances and procedures for deviating from the policies 148
created by the advisory board pursuant to this subsection; 149
(6) A uniform assessment tool for conducting annual performance 150
evaluations for all deputy assistant state's attorneys, assistant state's 151
attorneys, senior assistant state's attorneys, supervisory assistant state's 152
attorneys and any other prosecuting attorneys; 153
(7) Uniform prosecutorial ethics standards in addition to the ethical 154
standards pertaining to all attorneys, including: 155
(A) Adoption of a comprehensive code of ethics for state's attorneys, 156
deputy assistant state's attorneys, assistant state's attorneys, senior 157
assistant state's attorneys, supervisory assistant state's attorneys and 158
any other prosecuting attorneys in accordance with national best 159
practices; 160
(B) Establishment of a process for tracking oversight of ethical 161
compliance by prosecuting attorneys within the state's attorney's 162
judicial district; and 163
(C) Adoption of a process for tracking, monitoring and correcting 164
ethical complaints against or ethical violations by prosecuting attorneys 165
within the state's attorney's judicial district; and 166
(8) Any other issues the advisory board deems necessary. 167
(b) Not later than February 1, 2024, the Division of Criminal Justice 168
Advisory Board shall report on its recommended policies developed 169
pursuant to subsection (a) of this section, in accordance with the 170
provisions of section 11-4a of the general statutes, to the joint standing 171
committee of the General Assembly having cognizance of matters 172 Substitute Bill No. 307
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relating to the judiciary. 173
Sec. 5. Section 51-279c of the general statutes is repealed and the 174
following is substituted in lieu thereof (Effective October 1, 2022): 175
The Chief State's Attorney shall establish a formal training program 176
for all newly-appointed prosecuting attorneys consisting of not less than 177
five days and an ongoing training program for all prosecuting attorneys 178
consisting of not less than two days each year. Such training programs 179
shall commence January 1, 1998. On and after July 1, 2023, each such 180
training program shall include training on (1) racial bias, including 181
implicit bias; (2) systemic collateral consequences of arrest, charging and 182
incarceration; (3) available conviction and sentencing alternatives; (4) 183
victim interview techniques; (5) mental illness and trauma; and (6) 184
reentry strategies for offenders released into the community. At least 185
one day (A) of each training program for newly-appointed prosecuting 186
attorneys, and (B) annually of such ongoing training programs shall be 187
held in a state correctional facility. 188
Sec. 6. Section 51-280 of the 2022 supplement to the general statutes 189
is repealed and the following is substituted in lieu thereof (Effective 190
October 1, 2022): 191
(a) The Chief State's Attorney and each state's attorney shall 192
biennially prepare a merit and performance rating for each state's 193
attorney, assistant state's attorney and deputy assistant state's attorney 194
and shall submit the biennial merit and performance rating conducted 195
pursuant to the policy of the Division of Criminal Justice for each state's 196
attorney to the Criminal Justice Commission for its consideration at the 197
time for reappointing such attorneys to any new term or terms. As part 198
of any such biennial merit and performance rating process, the 199
commission may call a state's attorney before the commission for 200
questions concerning any issue raised in a biennial merit and 201
performance rating. 202
(b) The Office of Governmental Accountability, established under 203 Substitute Bill No. 307
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section 1-300, as amended by this act, shall biennially prepare a judicial 204
district performance report for each state's attorney which shall include, 205
but not be limited to, data collected pursuant to section 51-286j, as 206
amended by this act. 207
(c) The Office of Governmental Accountability shall provide the 208
judicial district performance report for the judicial districts of Ansonia-209
Milford, Hartford, Middlesex, New Britain, Stamford-Norwalk and 210
Waterbury to the Criminal Justice Commission on or before July 1, 2023, 211
and every two years thereafter. The Office of Governmental 212
Accountability shall provide the judicial district performance report for 213
the judicial districts of Danbury, Fairfield, Litchfield, New Haven, New 214
London, Tolland and Windham to the Criminal Justice Commission on 215
or before July 1, 2024, and every two years thereafter. 216
(d) The Criminal Justice Commission shall provide each judicial 217
district performance report to the state's attorney who is the subject of 218
the report and post such report on the Internet web site for the Division 219
of Criminal Justice on the same date that the judicial district 220
performance report is provided to the commission. The commission 221
shall review the performance report for each judicial district and the 222
state's attorney shall be given the opportunity to explain any 223
discrepancies between the judicial districts or between past and present 224
performance. 225
(e) When a state's attorney is being considered for reappointment, the 226
judicial district performance reports created by the Office of 227
Governmental Accountability and the performance reviews conducted 228
by the Criminal Justice Commission may be considered by the Criminal 229
Justice Commission. 230
Sec. 7. Section 51-286j of the general statutes is repealed and the 231
following is substituted in lieu thereof (Effective October 1, 2022): 232
(a) The Division of Criminal Justice, in consultation with the Judicial 233
Branch, the Department of Correction and the Criminal Justice 234 Substitute Bill No. 307
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Information System Governing Board, established under section 54-142, 235
shall collect for the purposes of section 4-68ff disaggregated, case level 236
data by docket number pertaining to defendants who are eighteen years 237
of age or older at the time of the commission of an alleged offense under 238
each of the categories described in subdivisions (1) to [(13)] (14), 239
inclusive, of this subsection, as follows: 240
(1) Arrests, including data on citations, summonses, custody arrests, 241
warrants and on-site arrests; 242
(2) Arraignments of individuals in custody; 243
(3) Continuances; 244
(4) Diversionary programs, including data on program applications, 245
program diversions, successful completions by defendants of such 246
programs, failures by defendants to complete such programs and 247
people in diversion on the first of the month; 248
(5) Contact between victims and prosecutorial officials, including 249
data on cases involving victims; 250
(6) Dispositions, including data on pending cases and cases disposed 251
of; 252
(7) Nonjudicial sanctions, including data on nonjudicial sanctions 253
applied, successful completion of nonjudicial sanctions, failure of 254
nonjudicial sanctions and persons on nonjudicial sanction status on the 255
first of the month; 256
(8) Plea agreements, including data on total plea agreements, 257
agreements involving probation, agreements involving prison, other 258
agreements and prosecutor's last best offer; 259
(9) Cases going to trial, including data on cases added per month, 260
pending trial cases, plea offers accepted by the court per month, plea 261
offers rejected by the court per month, disposition by trial, disposition 262 Substitute Bill No. 307
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involving probation, disposition involving prison and other 263
dispositions; 264
(10) Demographics, including data on race, sex, ethnicity and age; 265
(11) Court fees or fines, including those imposed by the court at the 266
disposition of the defendant's case and any outstanding balance the 267
defendant may have on such fees or fines; 268
(12) Restitution amounts ordered pursuant to subsection (c) of section 269
53a-28, including any amount collected by the court and any amount 270
paid to a victim; [and] 271
(13) The zip code of the defendant's primary residence; and 272
(14) Uses of force investigated by the Office of the Inspector General. 273
(b) No information collected under this section that personally 274
identifies a victim may be disclosed under section 4-68ff. 275
(c) The information collected under this section shall be compiled and 276
reported for each judicial district to the Office of Governmental 277
Accountability, established under section 1-300, as amended by this act, 278
for preparation of judicial district performance reports pursuant to 279
section 51-280, as amended by this act. 280
Sec. 8. Section 1-300 of the general statutes is repealed and the 281
following is substituted in lieu thereof (Effective October 1, 2022): 282
(a) There is established the Office of Governmental Accountability. 283
The executive administrator of the office shall serve as the 284
administrative head of the office, who shall be appointed in accordance 285
with the provisions of section 1-301, as amended by this act. 286
(b) The Office of Governmental Accountability shall provide 287
personnel, payroll, affirmative action and administrative and business 288
office functions and information technology associated with such 289
functions for the following: The Judicial Review Council established 290 Substitute Bill No. 307
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under section 51-51k, Judicial Selection Commission established under 291
section 51-44a, Board of Firearms Permit Examiners established under 292
section 29-32b, Office of the Child Advocate established under section 293
46a-13k, Office of the Victim Advocate established under section 46a-294
13b, [and] State Contracting Standards Board established under section 295
4e-2 and Criminal Justice Commission established under section 51-296
275a, as amended by this act. The personnel, payroll, affirmative action 297
and administrative and business office functions of said offices, 298
commission, council and boards shall be merged and consolidated 299
within the Office of Governmental Accountability. 300
(c) The executive administrator may employ necessary staff to carry 301
out the administrative functions of the Office of Governmental 302
Accountability, within available appropriations. Such necessary staff of 303
the Office of Governmental Accountability shall be in classified service. 304
(d) The Office of Governmental Accountability shall prepare a 305
judicial district performance report for each state's attorney pursuant to 306
the provisions of section 51-280, as amended by this act. 307
[(d)] (e) Nothing in this section shall be construed to affect or limit the 308
independent decision-making authority of the Judicial Review Council, 309
Judicial Selection Commission, Board of Firearms Permit Examiners, 310
Office of the Child Advocate, Office of the Victim Advocate or [the] State 311
Contracting Standards Board or Criminal Justice Commission. Such 312
decision-making authority includes, but is not limited to, decisions 313
concerning budgetary issues and concerning the employment of 314
necessary staff to carry out the statutory duties of each such office, 315
commission, council or board. 316
Sec. 9. Subsection (a) of section 1-301 of the general statutes is 317
repealed and the following is substituted in lieu thereof (Effective October 318
1, 2022): 319
(a) (1) There shall be a Governmental Accountability Commission, 320
within the Office of Governmental Accountability established under 321 Substitute Bill No. 307
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section 1-300, as amended by this act, that shall consist of [six] seven 322
members as follows: (A) The executive director of the Judicial Review 323
Council established under section 51-51k, or the executive director's 324
designee; (B) the chairperson of the Judicial Selection Commission 325
established under section 51-44a, or the chairperson's designee; (C) the 326
chairperson of the Board of Firearms Permit Examiners established 327
under section 29-32b, or the chairperson's designee; (D) the Child 328
Advocate appointed under section 46a-13k, or the advocate's designee; 329
(E) the Victim Advocate appointed under section 46a-13b, or the 330
advocate's designee; [and] (F) the chairperson of the State Contracting 331
Standards Board established under section 4e-2, or the chairperson's 332
designee; and (G) the chairperson of the Criminal Justice Commission 333
established under section 51-275a, as amended by this act, or the 334
chairperson's designee, provided no person serving as a designee under 335
this subsection may be a state employee. The Governmental 336
Accountability Commission shall select a chairperson who shall preside 337
at meetings of the commission. Said commission shall meet for the 338
purpose of making recommendations to the Governor for candidates for 339
the executive administrator of the Office of Governmental 340
Accountability pursuant to the provisions of subsection (b) of this 341
section, or for the purpose of terminating the employment of the 342
executive administrator. 343
(2) The commission established under subdivision (1) of this 344
subsection shall not be construed to be a board or commission within 345
the meaning of section 4-9a.346
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 51-275a(h)
Sec. 2 October 1, 2022 51-278(b)
Sec. 3 July 1, 2022 51-278b(c)
Sec. 4 from passage New section
Sec. 5 October 1, 2022 51-279c
Sec. 6 October 1, 2022 51-280 Substitute Bill No. 307
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Sec. 7 October 1, 2022 51-286j
Sec. 8 October 1, 2022 1-300
Sec. 9 October 1, 2022 1-301(a)
Statement of Legislative Commissioners:
In Section 4(a), subdivisions (4) and (8) were merged to avoid
redundancy and in Section 9(a)(1), "six" was changed to "[six] seven" for
accuracy.
JUD Joint Favorable Subst.