Researcher: JO Page 1 4/30/24
OLR Bill Analysis
sHB 5500 (as amended by House "A")*
AN ACT CONCERNING REVISIONS TO VARIOUS LAWS
CONCERNING JUROR COMPENSATION, IGNITION INTERLOCK
DEVICES, THE DEPARTMENT OF CORRECTION, JUDICIAL
RETIREMENT SALARIES AND CRIMINAL LAW AND CRIMINAL
PROCEDURE.
TABLE OF CONTENTS:
SUMMARY
§ 1 — APPOINTED COUNSEL RELATED TO FIREARM RISK
PROTECTION ORDERS OR RISK WARRANTS
Requires an attorney to be appointed for certain people relating to in-court proceedings for
firearm risk protection orders or risk warrants
§ 2 — IGNITION INTERLOCK DEVICES
Sets conditions under which ignition interlock requirements end earlier than usual
following administrative per se license suspensions, such as if the person was arrested for
DUI due to cannabis use and the charges are withdrawn or dismissed
§ 3 — LOCATION OF ONLINE AND CELLULAR CRIMES
Specifies that offenses committed by communications through computer networks, cell
phones, or similar means can be considered to have been committed either where the
communication was sent or received
§ 4 — COMPENSATION OF INCA RCERATED INDIVIDUALS
Explicitly allows DOC, when setting pay rates for incarcerated individuals performing
services on the state’s behalf, to give higher rates than the minimum based on skill or other
factors, and eliminates the $10 weekly limit on this pay
§ 5 — ROUNDING OF CASH BAIL
Requires cash bail amounts to be rounded down to the nearest dollar
§ 6 — FACTORS TO RESTORE COMPETENCY
Sets the factors that a court must consider when determining the least restrictive
placement for a person to restore their competency for trial; generally requires the court,
in misdemeanor cases, to presume that outpatient treatment is the appropriate placement
§ 7 — JUDICIAL PENSIONS
Makes a technical change to a law on the judges’ retirement system
§ 8 — STANDING CRIMINAL PROTECTIVE ORDER S 2024HB-05500-R01-BA.DOCX
Researcher: JO Page 2 4/30/24
Extends the law on standing criminal protective orders to defendants found not guilty due
to mental disease or defect
SUMMARY
This bill makes various unrelated changes in court-related matters as
described in the section-by-section analysis below.
*House Amendment “A” removes provisions from the underlying
bill (1) generally increasing the amount and scope of juror compensation
and expense reimbursement and (2) extending to people with
intellectual disability or autism spectrum disorder an existing pretrial
diversionary program.
EFFECTIVE DATE: October 1, 2024, except as otherwise noted below.
§ 1 — APPOINTED COUN SEL RELATED TO FIREA RM RISK
PROTECTION ORDERS OR RISK WARRANTS
Requires an attorney to be appointed for certain people relating to in-court proceedings for
firearm risk protection orders or risk warrants
Existing law allows the police or a prosecutor, under limited
circumstances, to apply to court for a risk protection order prohibiting
an adult at imminent risk of injuring themselves or someone else from
obtaining or possessing firearms, other deadly weapons, or
ammunition. The court may also issue a risk warrant for the police to
seize these items if the person has them.
The bill requires an attorney to be appointed for the person, for
purposes of in-court proceedings relating to these orders or risk
warrants, if the person (1) cannot afford an attorney, (2) is represented
by a public defender or assigned counsel in a pending criminal case, and
(3) is eligible for counsel under the public defender laws.
By law, there is a separate risk warrant process for minors, and
counsel must be appointed on the child’s behalf for the juvenile court
proceedings if the child and his or her parent or guardian (1) cannot
afford counsel and (2) are eligible for counsel under the public defender
laws. 2024HB-05500-R01-BA.DOCX
Researcher: JO Page 3 4/30/24
§ 2 — IGNITION INTERLOCK DEVICES
Sets conditions under which ignition interlock requirements end earlier than usual
following administrative per se license suspensions, such as if the person was arrested for
DUI due to cannabis use and the charges are withdrawn or dismissed
By law, someone arrested for driving under the influence (DUI) is
subject to administrative licensing sanctions and other penalties
through the Department of Motor Vehicles (DMV), in addition to
criminal prosecution. This is referred to as an “administrative per se”
suspension.
Under this law, drivers must operate only ignition interlock device
(IID)-equipped vehicles for a period ranging from six months to three
years after the suspension ends, depending on certain factors (e.g., their
age or the nature of the per se offense) (see Background — Administrative
Per Se Suspension and Related IID Penalties). A driver must drive IID-
equipped vehicles for the longer of the time periods under this law or
the criminal DUI statutes if the person is convicted.
The bill sets conditions under which the required IID usage ends
earlier than what is otherwise required by law. First, if the person was
arrested for DUI and if cannabis was the only detected intoxicating
substance, the required IID usage ends when (1) the person is acquitted
or all charges are withdrawn, nolled, or dismissed, or (2) the person’s
conviction is vacated, overturned, or erased. Second, if the person was
convicted for DUI and alcohol was one of the intoxicating substances,
the required IID usage ends if the person received an absolute pardon.
In either case, the DMV commissioner must notify the person in writing
when the IID requirements have ended.
The bill specifies that these provisions do not affect any other
requirements or conditions that apply to the person.
Background — Administrative Per Se Suspension and Related IID
Penalties
By law, administrative per se suspensions in DUI arrests occur when
(1) a driver refuses a blood, breath, or urine test or the nontestimonial
portion of a drug influence evaluation, or submits to a test and the
results indicate an elevated blood alcohol content, or (2) the officer, 2024HB-05500-R01-BA.DOCX
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through an investigation, concludes that the person was driving under
the influence of alcohol, a drug, or both.
Existing law requires drivers arrested for DUI to operate only IID-
equipped vehicles for a specified period depending on their age, the
nature of the offense, and whether it was a first or subsequent
suspension as described in the table below.
Table: IID Penalties for Per Se Offenses
Per Se Offense IID Requirement
(After 45-Day License Suspension)
First
Suspension
Second
Suspension
Third or
Subsequent
Suspension
Age 21 or older: elevated BAC or
found to have been driving under
the influence of alcohol, drugs, or
both
Six months One year Two years
Under Age 21: elevated BAC or
found to have been driving under
the influence of alcohol, drugs, or
both
One year Two years Three years
Refusal to submit to a test or the
nontestimonial portion of drug
influence evaluation, regardless of
age
One year Two years Three years
§ 3 — LOCATION OF ONLINE AND CELLULAR CR IMES
Specifies that offenses committed by communications through computer networks, cell
phones, or similar means can be considered to have been committed either where the
communication was sent or received
The bill specifies that offenses committed through communication
using various forms of technology may be considered to have been
committed either at the place where the communication originated or
was received.
Specifically, the bill applies to communications sent through an
interactive computer service, computer network, telecommunications
service, cellular system, or electronic communication service or system
(as defined under specified laws), including email or text messages or
any other electronic messages, whether by digital media accounts, 2024HB-05500-R01-BA.DOCX
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messaging programs, or applications.
EFFECTIVE DATE: Upon passage and applicable to offenses
committed before, on, or after that date.
§ 4 — COMPENSATION O F INCARCERATED INDIVIDUALS
Explicitly allows DOC, when setting pay rates for incarcerated individuals performing
services on the state’s behalf, to give higher rates than the minimum based on skill or other
factors, and eliminates the $10 weekly limit on this pay
By law, the Department of Correction (DOC) commissioner, after
consulting with the administrative services commissioner and the Office
of Policy and Management secretary, must set the compensation
schedule for incarcerated individuals for services they perform on the
state’s behalf at DOC facilities. The schedule must recognize degrees of
merit, diligence, and skill, to encourage these individuals’ incentive and
industry.
PA 23-204, § 153, requires a pay range of between $5 and $10 per
week. The bill instead sets a rate of $1 per day, with higher pay rates
based on skill level or other factors as the DOC commissioner or his
designee determines.
The bill also makes technical changes.
§ 5 — ROUNDING OF CASH BAIL
Requires cash bail amounts to be rounded down to the nearest dollar
By law, anyone detained in a community correctional center under a
bench warrant or for arraignment, sentencing, or trial must be released
upon posting a bond or cash bail. The bill requires the bail amount to be
rounded down to the nearest dollar.
§ 6 — FACTORS TO RESTORE COMPETENCY
Sets the factors that a court must consider when determining the least restrictive
placement for a person to restore their competency for trial; generally requires the court,
in misdemeanor cases, to presume that outpatient treatment is the appropriate placement
By law, a defendant in a criminal trial cannot be tried, convicted, or
sentenced while he or she is not competent (i.e., able to understand the
proceedings and assist in his or her own defense). Generally, if the court
finds that there is a substantial probability that the defendant will regain 2024HB-05500-R01-BA.DOCX
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competency after a course of treatment, it must order the defendant to
be placed (1) for that treatment (in the custody of DMHAS or certain
other agencies, including remaining in DOC custody in some cases) to
become competent or (2) in DMHAS custody at a treatment facility
pending civil commitment proceedings.
The bill requires the court, in determining the least restrictive
placement appropriate and available to restore competency, to consider
the following:
1. the nature and circumstances of the alleged crime;
2. the defendant’s record of criminal convictions and appearing in
court;
3. the defendant’s family and community ties;
4. the defendant’s willingness and ability to engage with the
treatment, and whether his or her substance use would interfere
with the ability to succeed in the placement;
5. any of the defendant’s psychiatric symptoms, including their
nature and severity; and
6. any other relevant factors specific to the defendant and his or her
circumstances.
Under the bill, if the defendant is not charged with a felony, the court
must presume that outpatient treatment is the least restrictive
placement appropriate and available to restore competency. But this
does not apply if the court has good cause to find otherwise based on
the above factors.
§ 7 — JUDICIAL PENSIONS
Makes a technical change to a law on the judges’ retirement system
By law, there is a retirement system for judges, family support
magistrates, and workers’ compensation administrative law judges,
separate from the State Employees Retirement System. 2024HB-05500-R01-BA.DOCX
Researcher: JO Page 7 4/30/24
The bill makes a technical change to clarify that these officials must
have 10 years of service to be entitled to a pension with benefits, except
for those officials who retire at age 70 due to mandatory retirement or
retire early due to disability. By law, if these officials retire under one of
these exceptions before serving for 10 years, their retirement benefit is
reduced by 10% for each year they served less than that.
EFFECTIVE DATE: July 1, 2024
§ 8 — STANDING CRIMINAL PROTECTIVE ORDER S
Extends the law on standing criminal protective orders to defendants found not guilty due
to mental disease or defect
The bill allows courts to issue, on a victim’s behalf, a standing
criminal protective order for someone found not guilty of a crime due
to mental disease or defect, under the same standards and requirements
that apply following a criminal conviction.
Under existing law, a court may issue a standing criminal protective
order if the defendant is convicted of certain crimes (e.g., sexual assault
or family violence crimes) if the court determines that the offender’s
criminal conduct indicates that the order will best serve the interest of
the victim and the public. For other crimes, a judge may issue a standing
criminal protective order for good cause shown. The order remains in
place for the period the court sets, unless the court modifies or revokes
it for good cause.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 36 Nay 0 (03/28/2024)