Substitute House Bill No. 5500
Public Act No. 24-137
AN ACT CONCERNING REVISIONS TO VARIOUS LAWS
CONCERNING IGNITION INTERLOCK DEVICES, THE
DEPARTMENT OF CORRECTION, JUDICIAL RETIREMENT
SALARIES AND CRIMINAL LAW AND CRIMINAL PROCEDURE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (c) of section 29-38c of the 2024 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2024):
(c) A risk protection order issued under subsection (a) of this section,
may issue only on an affidavit sworn to by the complainant establishing
the grounds for issuing the order. A risk warrant issued under
subsection (a) of this section may issue only on an affidavit sworn to by
the complainant before the judge establishing the grounds for issuing
the warrant. Any such affidavit shall be part of the court file. In
determining whether there is probable cause for a risk protection order
and warrant, if applicable, under subsection (a) of this section, the judge
shall consider: (1) Recent threats or acts of violence by such person
directed toward other persons; (2) recent threats or acts of violence by
such person directed toward such person's self; and (3) recent acts of
cruelty to animals as provided in subsection (b) of section 53-247 by such
person. In evaluating whether such recent threats or acts of violence Substitute House Bill No. 5500
Public Act No. 24-137 2 of 20
constitute probable cause to believe that such person poses a risk of
imminent personal injury to such person's self or to others, the judge
may consider other factors including, but not limited to (A) the reckless
use, display or brandishing of a firearm or other deadly weapon by such
person, (B) a history of the use, attempted use or threatened use of
physical force by such person against other persons, (C) prior
involuntary confinement of such person in a hospital for persons with
psychiatric disabilities, and (D) the illegal use of controlled substances
or abuse of alcohol by such person. In the case of a complaint made
under subsection (a) of this section, if the judge is satisfied that the
grounds for the complaint exist or that there is probable cause to believe
that such grounds exist, such judge shall issue a risk protection order
and warrant, if applicable, naming or describing the person, and, in the
case of the issuance of a warrant, the place or thing to be searched. The
order and warrant, if applicable, shall be directed to any police officer
of a regularly organized police department or any state police officer.
The order and warrant, if applicable, shall state the grounds or probable
cause for issuance and, in the case of a warrant, the warrant shall
command the officer to search within a reasonable time the person,
place or thing named for any and all firearms and other deadly weapons
and ammunition. A copy of the order and warrant, if applicable, shall
be served upon the person named in the order not later than three days
prior to the hearing scheduled pursuant to subsection (e) of this section,
together with a notice informing the person that such person has the
right to a hearing under this section, the telephone number for the court
clerk who can inform the person of the date and time of such hearing
and the right to be represented by counsel at such hearing. If the person
is unable to afford counsel and is represented by a public defender or
an assigned counsel in a pending criminal proceeding in a court in this
state, counsel shall be appointed on behalf of such person if determined
to be eligible under the provisions of chapter 887 for purposes of in-
court proceedings pursuant to this section. Substitute House Bill No. 5500
Public Act No. 24-137 3 of 20
Sec. 2. Section 14-227b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) Any person who operates a motor vehicle in this state shall be
deemed to have given such person's consent to: (1) A chemical test of
such person's blood, breath or urine; and (2) a nontestimonial portion of
a drug influence evaluation conducted by a drug recognition expert. If
such person is a minor, such person's parent or parents or guardian shall
also be deemed to have given their consent for such test or evaluation.
As used in this section, "motor vehicle" includes a snowmobile and all-
terrain vehicle, as such terms are defined in section 14-379.
(b) (1) A police officer who has placed a person under arrest for a
violation of section 14-227a, 14-227m or subdivision (1) or (2) of
subsection (a) of section 14-227n may request that such person submit
to a blood, breath or urine test at the option of the police officer, a drug
influence evaluation conducted by a drug recognition expert, or both,
after such person has been (A) apprised of such person's constitutional
rights; (B) afforded a reasonable opportunity to telephone an attorney
prior to the performance of such test or evaluation; (C) informed that
evidence of any refusal to submit to such test or evaluation shall be
admissible in accordance with subsection (e) of section 14-227a and may
be used against such person in any criminal prosecution, except that
refusal to submit to the testimonial portions of a drug influence
evaluation shall not be considered evidence of refusal of such evaluation
for purposes of any criminal prosecution; and (D) informed that such
person's license or operating privilege may be suspended in accordance
with the provisions of this section if (i) such person refuses to submit to
such test or the nontestimonial portion of a drug influence evaluation,
(ii) such person submits to such test and the results of such test indicate
that such person has an elevated blood alcohol content, or (iii) the officer
concludes, through investigation, that such person was operating a
motor vehicle under the influence of intoxicating liquor or any drug, or Substitute House Bill No. 5500
Public Act No. 24-137 4 of 20
both.
(2) If the person refuses to submit to any test or drug influence
evaluation, the test or evaluation shall not be given, except if the person
refuses or is unable to submit to a blood test, the police officer shall
designate another test to be taken. If a person submits to a breath test
and the police officer, for reasonable cause, requests an additional
chemical test of a different type to detect the presence of a drug or drugs
other than or in addition to alcohol, the officer may administer such test,
except that if such person refuses or is unable to submit to a blood test,
the officer shall designate a urine test to be taken. The police officer shall
make a notation upon the records of the law enforcement unit, as
defined in section 7-294a, that such officer informed the person that such
person's license or operating privilege may be suspended if (A) such
person refused to submit to such test or nontestimonial portion of a drug
influence evaluation; (B) such person submitted to such test and the
results of such test indicated that such person had an elevated blood
alcohol content; or (C) the officer concludes, through investigation, that
such person was operating a motor vehicle under the influence of
intoxicating liquor or any drug, or both.
(c) If the person arrested refuses to submit to such test or
nontestimonial portion of a drug influence evaluation or submits to such
test, commenced within two hours of the time of operation, and the
results of such test indicate that such person has an elevated blood
alcohol content, the police officer, acting on behalf of the Commissioner
of Motor Vehicles, shall immediately revoke and take possession of the
motor vehicle operator's license or, if such person is not licensed or is a
nonresident, suspend the operating privilege of such person, for a
twenty-four-hour period. The police officer shall prepare a report of the
incident and shall mail or otherwise transmit in accordance with this
subsection the report and a copy of the results of any chemical test to
the Department of Motor Vehicles within three business days. The Substitute House Bill No. 5500
Public Act No. 24-137 5 of 20
report shall contain such information as prescribed by the
Commissioner of Motor Vehicles and shall be subscribed and sworn to
under penalty of false statement as provided in section 53a-157b by the
arresting officer. If the person arrested refused to submit to such test or
evaluation, the report shall be endorsed by a third person who
witnessed such refusal. The report shall set forth the grounds for the
officer's belief that there was probable cause to arrest such person for a
violation of section 14-227a or 14-227m or subdivision (1) or (2) of
subsection (a) of section 14-227n and shall state that such person had
refused to submit to such test or evaluation when requested by such
police officer to do so or that such person submitted to such test,
commenced within two hours of the time of operation, and the results
of such test indicated that such person had an elevated blood alcohol
content. A drug influence evaluation need not be commenced within
two hours of the time of operation. The Commissioner of Motor Vehicles
may accept a police report under this subsection that is prepared and
transmitted as an electronic record, including electronic signature or
signatures, subject to such security procedures as the commissioner may
specify and in accordance with the provisions of sections 1-266 to 1-286,
inclusive. In any hearing conducted pursuant to the provisions of
subsection (g) of this section, it shall not be a ground for objection to the
admissibility of a police report that it is an electronic record prepared by
electronic means.
(d) If a police officer who has placed a person under arrest for a
violation of section 14-227a or 14-227m or subdivision (1) or (2) of
subsection (a) of section 14-227n does not request that such person
submit to a blood, breath or urine test under subsection (b) of this
section, or obtains results from a test administered under subsection (b)
of this section that indicate that the person does not have an elevated
blood alcohol content, such officer shall:
(1) Advise such person that such person's license or operating Substitute House Bill No. 5500
Public Act No. 24-137 6 of 20
privilege may be suspended in accordance with the provisions of this
section if such police officer concludes, through investigation, that such
person was operating a motor vehicle under the influence of
intoxicating liquor or any drug, or both; and
(2) Submit a report to the commissioner in accordance with the
procedure set forth in subsection (c) of this section and, if such report
contains the results of a blood, breath or urine test that does not show
an elevated blood alcohol content, such report shall conform to the
requirements in subsection (c) of this section for reports that contain
results showing an elevated blood alcohol content. In any report
submitted under this subdivision, the officer shall document (A) the
basis for the officer's belief that there was probable cause to arrest such
person for a violation of section 14-227a or 14-227m or subdivision (1)
or (2) of subsection (a) of section 14-227n, and (B) whether the officer
concluded, through investigation, that the person was operating a
motor vehicle under the influence of intoxicating liquor or any drug, or
both. With such report, the officer may submit other supporting
documentation indicating the person's intoxication by liquor or any
drug, or both. If the officer concludes, through investigation, that the
person was operating a motor vehicle under the influence of
intoxicating liquor or any drug, or both, the officer shall immediately
revoke and take possession of the motor vehicle operator's license or, if
such person is not licensed or is a nonresident, suspend the operating
privilege of such person for a twenty-four-hour period.
(e) (1) Except as provided in subdivision (2) of this subsection, upon
receipt of a report submitted under subsection (c) or (d) of this section,
the commissioner may suspend any operator's license or operating
privilege of such person effective as of a date certain, which date certain
shall be not later than thirty days from the later of the date such person
received (A) notice of such person's arrest by the police officer, or (B) the
results of a blood or urine test or a drug influence evaluation. Any Substitute House Bill No. 5500
Public Act No. 24-137 7 of 20
person whose operator's license or operating privilege has been
suspended in accordance with this subdivision shall automatically be
entitled to a hearing before the commissioner to be held in accordance
with the provisions of chapter 54 and prior to the effective date of the
suspension. The commissioner shall send a suspension notice to such
person informing such person that such person's operator's license or
operating privilege is suspended as of a date certain and that such
person is entitled to a hearing prior to the effective date of the
suspension and may schedule such hearing by contacting the
Department of Motor Vehicles not later than seven days after the date
of mailing of such suspension notice.
(2) Upon receipt of a report that (A) the person's arrest involved an
accident resulting in a fatality, or (B) the person has previously had such
person's operator's license or operating privilege suspended under the
provisions of section 14-227a, 14-227m or 14-227n during the ten-year
period preceding the present arrest, the commissioner may suspend any
operator's license or operating privilege of such person effective as of
the date specified in a notice of such suspension to such person. A
person whose operator's license or operating privilege has been
suspended in accordance with this subdivision shall automatically be
entitled to a hearing before the commissioner, to be held in accordance
with the provisions of chapter 54. The commissioner shall send a
suspension notice to such person informing such person that such
person's operator's license or operating privilege is suspended as of the
date specified in such suspension notice, and that such person is entitled
to a hearing and may schedule such hearing by contacting the
Department of Motor Vehicles not later than seven days after the date
of mailing of such suspension notice. Any suspension issued under this
subdivision shall remain in effect until such suspension is affirmed
under subsection (f) of this section or such operator's license or
operating privilege is reinstated in accordance with subsection (h) of this
section. Substitute House Bill No. 5500
Public Act No. 24-137 8 of 20
(f) If such person does not contact the department to schedule a
hearing, the commissioner shall affirm the suspension contained in the
suspension notice for the appropriate period specified in subsection (i)
of this section.
(g) (1) If such person contacts the department to schedule a hearing,
the department shall assign a date, time and place for the hearing, which
date shall be prior to the effective date of the suspension, except that,
with respect to a person whose operator's license or operating privilege
is suspended in accordance with subdivision (2) of subsection (e) of this
section, such hearing shall be scheduled not later than thirty days after
such person contacts the department. At the request of such person, the
hearing officer or the department and upon a showing of good cause,
the commissioner may grant one or more continuances.
(2) A hearing based on a report submitted under subsection (c) of this
section shall be limited to a determination of the following issues: (A)
Did the police officer have probable cause to arrest the person for
operating a motor vehicle while under the influence of intoxicating
liquor or any drug, or both; (B) was such person placed under arrest; (C)
did such person (i) refuse to submit to such test or nontestimonial
portion of a drug influence evaluation, or (ii) submit to such test,
commenced within two hours of the time of operation, and the results
of such test indicated that such person had an elevated blood alcohol
content; and (D) was such person operating the motor vehicle.
(3) A hearing based on a report submitted under subsection (d) of this
section shall be limited to a determination of the following issues: (A)
Did the police officer have probable cause to arrest the person for
operating a motor vehicle while under the influence of intoxicating
liquor or any drug, or both; (B) was such person placed under arrest; (C)
was such person operating a motor vehicle under the influence of
intoxicating liquor or any drug, or both; and (D) was such person
operating the motor vehicle. Substitute House Bill No. 5500
Public Act No. 24-137 9 of 20
(4) In a hearing under this subsection, the results of the test, if
administered, shall be sufficient to indicate the ratio of alcohol in the
blood of such person at the time of operation, provided such test was
commenced within two hours of the time of operation. The fees of any
witness summoned to appear at a hearing under this subsection shall be
the same as provided by the general statutes for witnesses in criminal
cases. Notwithstanding the provisions of subsection (a) of section 52-
143, any subpoena summoning a police officer as a witness shall be
served not less than seventy-two hours prior to the designated time of
the hearing.
(5) In a hearing based on a report submitted under subsection (d) of
this section, evidence of operation under the influence of intoxicating
liquor or any drug, or both shall be admissible. Such evidence may
include, but need not be limited to, (A) the police officer's observations
of intoxication, as documented in a report submitted to the
commissioner under subsection (d) of this section; (B) the results of any
chemical test administered under this section or a toxicology report
certified by the Division of Scientific Services within the Department of
Emergency Services and Public Protection; (C) hospital or medical
records obtained in accordance with subsection (j) of this section or by
the consent of the operator; (D) the results of any tests conducted by, or
the report of, an officer trained in advanced roadside impaired driving
enforcement; or (E) reports of drug recognition experts.
(h) If, after a hearing under subdivision (2) of subsection (g) of this
section, the commissioner finds in the negative on any one of the issues
specified in subparagraph (A), (B), (C) or (D) of said subdivision, the
commissioner shall reinstate such license or operating privilege. If, after
a hearing under subdivision (3) of subsection (g) of this section, the
commissioner finds in the negative on any one of the issues specified in
subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner
shall reinstate such license or operating privilege. If, after such hearing Substitute House Bill No. 5500
Public Act No. 24-137 10 of 20
under subdivision (2) or (3) of subsection (g) of this section, the
commissioner does not find on any one of said issues in the negative or
if such person fails to appear at such hearing, the commissioner shall
affirm the suspension contained in the suspension notice for the
appropriate period specified in subsection (i) of this section. The
commissioner shall render a decision at the conclusion of such hearing
and send a notice of the decision by bulk certified mail or by personal
delivery, as defined in section 4-166, to such person. The notice of such
decision sent by bulk certified mail or by personal delivery to the
address of such person as shown by the records of the commissioner
shall be sufficient notice to such person that such person's operator's
license or operating privilege is reinstated or suspended, as the case may
be. A notice of the decision shall only be transmitted by personal
delivery if the operator has consented, in writing, to such personal
delivery.
(i) (1) The commissioner shall suspend the operator's license or
operating privilege of a person who did not contact the department to
schedule a hearing, who failed to appear at a hearing, or against whom
a decision was issued, after a hearing, pursuant to subsection (h) of this
section, as of the effective date contained in the suspension notice, for a
period of forty-five days. As a condition for the restoration of such
operator's license or operating privilege, such person shall be required
to install an ignition interlock device on each motor vehicle owned or
operated by such person and, upon such restoration, be prohibited from
operating a motor vehicle unless such motor vehicle is equipped with a
functioning, approved ignition interlock device, as defined in section 14-
227j, for the longer of either (A) the period prescribed in subdivision (2)
of this subsection for the present arrest and suspension, or (B) the period
prescribed in subdivision (1), (2) or (3) of subsection (g) of section 14-
227a or subdivision (1), (2) or (3) of subsection (c) of section 14-227m or
subdivision (1) or (2) of subsection (c) of section 14-227n for the present
arrest and conviction, if any. Substitute House Bill No. 5500
Public Act No. 24-137 11 of 20
(2) (A) A person twenty-one years of age or older at the time of the
arrest who submitted to a test and the results of such test indicated that
such person had an elevated blood alcohol content, or was found to have
been operating a motor vehicle under the influence of intoxicating
liquor or any drug, or both based on a report filed pursuant to
subsection (d) of this section, shall install and maintain an ignition
interlock device for the following periods: (i) For a first suspension
under this section, six months; (ii) for a second suspension under this
section, one year; and (iii) for a third or subsequent suspension under
this section, two years; (B) a person under twenty-one years of age at the
time of the arrest who submitted to a test and the results of such test
indicated that such person had an elevated blood alcohol content, or was
found to have been operating a motor vehicle under the influence of
intoxicating liquor or any drug, or both based on a report filed pursuant
to subsection (d) of this section, shall install and maintain an ignition
interlock device for the following periods: (i) For a first suspension
under this section, one year; (ii) for a second suspension under this
section, two years; and (iii) for a third or subsequent suspension under
this section, three years; and (C) a person, regardless of age, who refused
to submit to a test or nontestimonial portion of a drug influence
evaluation shall install and maintain an ignition interlock device for the
following periods: (i) For a first suspension under this section, one year;
(ii) for a second suspension under this section, two years; and (iii) for a
third or subsequent suspension, under this section, three years.
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this
subsection, a person whose motor vehicle operator's license or operating
privilege has been permanently revoked upon a third offense pursuant
to subsection (g) of section 14-227a or subsection (c) of section 14-227m
shall be subject to the penalties prescribed in subdivision (2) of
subsection (i) of section 14-111.
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, Substitute House Bill No. 5500
Public Act No. 24-137 12 of 20
of this section, any police officer who obtains the results of a test of a
blood sample taken from or a urine sample provided by an operator of
a motor vehicle who was involved in an accident and suffered or
allegedly suffered physical injury in such accident, or who was
otherwise deemed by a police officer to require treatment or observation
at a hospital, shall notify the commissioner and submit to the
commissioner a written report if such results indicate that such person
had an elevated blood alcohol content, or any quantity of an intoxicating
liquor or any drug, or both, in such person's blood, and if such person
was arrested for violation of section 14-227a or 14-227m or subdivision
(1) or (2) of subsection (a) of section 14-227n. The report shall be made
on a form approved by the commissioner containing such information
as the commissioner prescribes, and shall be subscribed and sworn to
under penalty of false statement, as provided in section 53a-157b, by the
police officer. The commissioner may, after notice and an opportunity
for hearing, which shall be conducted by a hearing officer on behalf of
the commissioner in accordance with chapter 54, suspend the motor
vehicle operator's license or operating privilege of such person for the
appropriate period of time specified in subsection (i) of this section and
require such person to install and maintain an ignition interlock device
for the appropriate period of time prescribed in subsection (i) of this
section. Each hearing conducted under this subsection shall be limited
to a determination of the following issues: (1) Whether the police officer
had probable cause to arrest the person for operating a motor vehicle
while under the influence of intoxicating liquor or drug, or both; (2)
whether such person was placed under arrest; (3) whether such person
was operating the motor vehicle; (4) whether (A) the results of the
analysis of the blood or urine of such person indicate that such person
had an elevated blood alcohol content, or (B) the person was operating
a motor vehicle under the influence of intoxicating liquor or any drug,
or both; and (5) in the event that a blood sample was taken, whether the
blood sample was obtained in accordance with conditions for
admissibility and competence as evidence as set forth in subsection (k) Substitute House Bill No. 5500
Public Act No. 24-137 13 of 20
of section 14-227a. If, after such hearing, the commissioner finds on any
one of the said issues in the negative, the commissioner shall not impose
a suspension. The fees of any witness summoned to appear at the
hearing shall be the same as provided by the general statutes for
witnesses in criminal cases, as provided in section 52-260.
(k) The provisions of this section shall apply with the same effect to
the refusal by any person to submit to an additional chemical test as
provided in subparagraph (E) of subdivision (1) of subsection (b) of
section 14-227a.
(l) The provisions of this section shall not apply to any person whose
physical condition is such that, according to competent medical advice,
such test would be inadvisable.
(m) Notwithstanding the provisions of this section, when a person is
required, pursuant to this section, to install and maintain an ignition
interlock device or is prohibited, pursuant to this section, from
operating a motor vehicle except under the condition that such device
is installed and maintained on such vehicle, such requirement and
condition shall cease to apply to such person upon any of the following
conditions being met in the case of an arrest for a violation of section 14-
227a, 14-227m or subdivision (1) or (2) of subsection (a) of section 14-
227n (1) for which the only intoxicating substance detected is cannabis:
(A) All charges resulting from such alleged violation are withdrawn,
nolled or dismissed; (B) the person has been acquitted of any charges
resulting from such alleged violation; or (C) any conviction of such
person based upon any charges resulting from such alleged violation is
vacated, overturned or erased, or (2) for which the person was convicted
for such violation, alcohol was detected as an intoxicating substance for
such violation and such person has received an absolute pardon for each
such conviction. Upon the ceasing of the application of such
requirement and condition upon such person, the commissioner shall
provide written notification to the person indicating that such Substitute House Bill No. 5500
Public Act No. 24-137 14 of 20
requirement and condition has ceased to apply to such person. The
provisions of this subsection shall not affect any other requirement or
condition applied to such person.
[(m)] (n) The state shall pay the reasonable charges of any physician
who, at the request of a law enforcement unit, as defined in section 7-
294a, takes a blood sample for purposes of a test under the provisions of
this section.
[(n)] (o) For the purposes of this section, "elevated blood alcohol
content" means (1) a ratio of alcohol in the blood of such person that is
eight-hundredths of one per cent or more of alcohol, by weight, (2) if
such person is operating a commercial motor vehicle, a ratio of alcohol
in the blood of such person that is four-hundredths of one per cent or
more of alcohol, by weight, or (3) if such person is less than twenty-one
years of age, a ratio of alcohol in the blood of such person that is two-
hundredths of one per cent or more of alcohol, by weight.
[(o)] (p) The Commissioner of Motor Vehicles shall adopt regulations,
in accordance with chapter 54, to implement the provisions of this
section.
Sec. 3. (NEW) (Effective from passage and applicable to any offense
committed prior to, on or after said date) Any offense committed by means
of communication transmitted by use of an interactive computer service,
as defined in section 53a-90a of the general statutes, computer network,
as defined in section 53a-250 of the general statutes, telecommunications
service, as defined in section 16-247a of the general statutes, cellular
system, as used in section 16-50i of the general statutes, electronic
communication service, as defined in section 54-260b of the general
statutes or electronic communication system, as defined in 18 USC 2510,
as amended from time to time, including electronic mail or text message
or any other electronically sent message, whether by digital media
account, messaging program or application, may be deemed to have Substitute House Bill No. 5500
Public Act No. 24-137 15 of 20
been committed either at the place where the communication originated
or at the place where it was received.
Sec. 4. Section 18-85 of the 2024 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(a) The Commissioner of Correction, after consultation with the
Commissioner of Administrative Services and the Secretary of the Office
of Policy and Management, shall establish a schedule of compensation
for services performed on behalf of the state by [inmates of] persons who
are incarcerated in any institution or facility of the department. Such
schedule shall (1) recognize degrees of merit, diligence and skill in order
to encourage inmate incentive and industry, and (2) establish a pay
[range] rate of not less than [five dollars per week, but not greater than
ten dollars per week] one dollar per day with higher rates of pay based
upon skill level or other factors, as determined by the Commissioner of
Correction, or the commissioner's designee.
(b) Compensation so earned shall be deposited, under the direction
of the Commissioner of Correction, in an account in a savings bank or
state bank and trust company in this state or an account administered
by the State Treasurer. Any compensation so earned shall be paid to the
[inmate on the inmate's] incarcerated person upon such person's release
from incarceration in the form of a debit card, except that the
commissioner may, while [the inmate] such person is in custody,
disburse any compensation earned by such [inmate] person in
accordance with the following priorities: (1) Federal taxes due; (2)
restitution or payment of compensation to a crime victim ordered by
any court of competent jurisdiction; (3) payment of a civil judgment
rendered in favor of a crime victim by any court of competent
jurisdiction; (4) victims compensation through the criminal injuries
account administered by the Office of Victim Services; (5) state taxes
due; (6) support of the [inmate's] incarcerated person's dependents, if Substitute House Bill No. 5500
Public Act No. 24-137 16 of 20
any; (7) the [inmate's] incarcerated person's necessary travel expense to
and from work and other incidental expenses; (8) costs of such
[inmate's] person's incarceration under section 18-85a and regulations
adopted in accordance with said section; and (9) payment to the clerk of
the court in which an [inmate] incarcerated person, confined in a
correctional facility only for payment of a fine, was convicted, such
portion of such compensation as is necessary to pay such fine. Any
interest that accrues shall be credited to any institutional fund
established for the welfare of [inmates] incarcerated persons.
Compensation under this section shall be in addition to any
compensation received or credited under section 18-50.
Sec. 5. Section 54-53 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
Each person detained in a community correctional center pursuant to
the issuance of a bench warrant of arrest or for arraignment, sentencing
or trial for an offense not punishable by death shall be entitled to bail
and shall be released from such institution upon entering into a
recognizance, with sufficient surety, or upon posting cash bail, in an
amount rounded down to the nearest dollar, as provided in section 54-
66, for the detained person's appearance before the court having
cognizance of the offense, to be taken by any person designated by the
Commissioner of Correction at the institution where the person is
detained. The person so designated shall deliver the recognizance or
cash bail to the clerk of the appropriate court before the opening of the
court on the first court day thereafter. When cash bail in excess of ten
thousand dollars is received for a detained person accused of a felony,
where the underlying facts and circumstances of the felony involve the
use, attempted use or threatened use of physical force against another
person, the person so designated shall prepare a report that contains (1)
the name, address and taxpayer identification number of the detained
person, (2) the name, address and taxpayer identification number of Substitute House Bill No. 5500
Public Act No. 24-137 17 of 20
each person offering the cash bail, other than a person licensed as a
professional bondsman under chapter 533 or a surety bail bond agent
under chapter 700f, (3) the amount of cash received, and (4) the date the
cash was received. Not later than fifteen days after receipt of such cash
bail, the person so designated shall file the report with the Department
of Revenue Services and mail a copy of the report to the state's attorney
for the judicial district in which the alleged offense was committed and
to each person offering the cash bail.
Sec. 6. Subsection (i) of section 54-56d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(i) (1) The placement of the defendant for treatment for the purpose
of rendering the defendant competent shall comply with the following
conditions: [(1)] (A) The period of placement under the order or
combination of orders shall not exceed the period of the maximum
sentence which the defendant could receive on conviction of the charges
against the defendant or eighteen months, whichever is less; [(2)] (B) the
placement shall be either [(A)] (i) in the custody of the Commissioner of
Mental Health and Addiction Services, the Commissioner of Children
and Families or the Commissioner of Developmental Services, except
that any defendant placed for treatment with the Commissioner of
Mental Health and Addiction Services may remain in the custody of the
Department of Correction pursuant to subsection (p) of this section; or,
[(B)] (ii) if the defendant or the appropriate commissioner agrees to
provide payment, in the custody of any appropriate mental health
facility or treatment program which agrees to provide treatment to the
defendant and to adhere to the requirements of this section; and [(3)] (C)
the court shall order the placement, on either an inpatient or an
outpatient basis, which the court finds is the least restrictive placement
appropriate and available to restore competency.
(2) In determining the least restrictive placement appropriate and Substitute House Bill No. 5500
Public Act No. 24-137 18 of 20
available to restore competency, the court shall consider the following
factors: (A) The nature and circumstances of the alleged crime; (B) such
defendant's record of criminal convictions; (C) such defendant's record
of appearance in court; (D) such defendant's family and community ties;
(E) such defendant's willingness and ability to engage with treatment
ordered under this section; (F) whether such defendant's use of
substances would interfere with such defendant's ability to be successful
in such placement; (G) any psychiatric symptoms experienced by such
defendant and the nature and severity of the symptoms; and (H) any
other relevant factors specific to the defendant and such defendant's
circumstances.
(3) If the defendant is not charged with a felony, the court shall
presume that outpatient treatment is the least restrictive placement
appropriate and available to restore competency, unless the court has
good cause to find otherwise based on review of the factors in
subdivision (2) of this subsection. If outpatient treatment is the least
restrictive placement for a defendant who has not yet been released
from a correctional facility, the court shall consider whether the
availability of such treatment is a sufficient basis on which to release the
defendant on a promise to appear, conditions of release, cash bail or
bond. If the court determines that the defendant may not be so released,
the court shall order treatment of the defendant on an inpatient basis at
a mental health facility or facility for persons with intellectual disability.
Not later than twenty-four hours after the court orders placement of the
defendant for treatment for the purpose of rendering the defendant
competent, the examiners shall transmit information obtained about the
defendant during the course of an examination pursuant to subsection
(d) of this section to the health care provider named in the court's order.
Sec. 7. Subsection (c) of section 51-49i of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2024): Substitute House Bill No. 5500
Public Act No. 24-137 19 of 20
(c) Each judge shall receive annually, as retirement salary, two-thirds
of such judge's salary as defined in section 51-49f, each family support
magistrate shall receive annually, as retirement salary, two-thirds of
such family support magistrate's salary as defined in section 46b-233a,
and each administrative law judge shall receive annually, as retirement
salary, two-thirds of such administrative law judge's salary as defined
in section 51-49g. [; except that, if] If a judge, a family support magistrate
or an administrative law judge has served fewer than ten years at the
time of [his or her] such judge's, family support magistrate's or
administrative law judge's retirement [under this section, his or her] and
has attained the age of seventy while serving in such judge's, family
support magistrate's or administrative law judge's respective office,
such judge's, family support magistrate's or administrative law judge's
retirement salary shall be reduced [in the ratio that the number of years
of his or her completed service bears to the number of years of service
that would have been completed at seventy years of age or ten years,
whichever is less] in the same manner as provided in subdivision (2) of
subsection (b) of section 51-50.
Sec. 8. Subsection (a) of section 53a-40e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(a) If any person is convicted of, or found not guilty by reason of
mental disease or defect of, (1) a violation of section 53a-70b of the
general statutes, revision of 1958, revised to January 1, 2019, or
subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59,
53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70c, 53a-
71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or
53a-183, subdivision (2) of subsection (a) of section 53a-192a, section 53a-
223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said
sections or section 53a-54a, or (2) any crime that the court determines
constitutes a family violence crime, as defined in section 46b-38a, or Substitute House Bill No. 5500
Public Act No. 24-137 20 of 20
attempt or conspiracy to commit any such crime, the court may, in
addition to imposing the sentence authorized for the crime under
section 53a-35a or 53a-36, if the court is of the opinion that the history
and character and the nature and circumstances of the criminal conduct
of such offender indicate that a standing criminal protective order will
best serve the interest of the victim and the public, issue a standing
criminal protective order which shall remain in effect for a duration
specified by the court until modified or revoked by the court for good
cause shown. If any person is convicted of, or found not guilty by reason
of mental disease or defect of, any crime not specified in subdivision (1)
or (2) of this subsection, the court may, for good cause shown, issue a
standing criminal protective order pursuant to this subsection.