General Assembly Raised Bill No. 462
February Session, 2020 LCO No. 2934
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE CRIMINAL JUSTICE COMMISSION AND
ACCOUNTABILITY WITHIN THE DIVISION OF CRIMINAL JUSTICE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 51-275a of the 2020 supplement to the general
2 statutes is repealed and the following is substituted in lieu thereof
3 (Effective October 1, 2020):
4 (a) There is established a Criminal Justice Commission which shall be
5 composed of the Chief State's Attorney and six members nominated by
6 the Governor and appointed by the General Assembly in accordance
7 with section 4-2, two of whom shall be judges of the Superior Court.
8 (b) The chairman shall be appointed by the Governor.
9 (c) Members shall serve without compensation but shall be
10 reimbursed for actual expenses incurred while engaged in the duties of
11 the commission.
12 (d) The commission shall post notices concerning the time, date and
13 place of meetings of the commission on an Internet web site operated by
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14 the commission.
15 (e) Any meeting of the commission held pursuant to section 51-278,
16 as amended by this act, or section 51-278b, the sole purpose of which is
17 to appoint, reappoint, biennially evaluate, remove or otherwise
18 discipline the Chief State's Attorney, a deputy chief state's attorney or a
19 state's attorney, shall be held in the Legislative Office Building and shall
20 include an opportunity for public testimony.
21 (f) The commission may adopt such rules as it deems necessary for
22 the conduct of its internal affairs.
23 (g) The commission may adopt regulations in accordance with
24 chapter 54 to carry out its responsibilities under this chapter.
25 (h) The commission shall be [within the Division of Criminal Justice.
26 Said division staff shall provide staff] an autonomous body within the
27 executive department. The Office of Policy and Management shall
28 provide administrative support for the commission.
29 Sec. 2. Subsection (b) of section 51-278 of the general statutes is
30 repealed and the following is substituted in lieu thereof (Effective October
31 1, 2020):
32 (b) (1) (A) The Criminal Justice Commission shall appoint two
33 deputy chief state's attorneys as assistant administrative heads of the
34 Division of Criminal Justice, one of whom shall be deputy chief state's
35 attorney for operations and one of whom shall be deputy chief state's
36 attorney for personnel, finance and administration, who shall assist the
37 Chief State's Attorney in his duties. The term of office of a deputy chief
38 state's attorney shall be four years from July first in the year of
39 appointment and until the appointment and qualification of a successor
40 unless sooner removed by the Criminal Justice Commission. The
41 Criminal Justice Commission shall designate one deputy chief state's
42 attorney who shall, in the absence or disqualification of the Chief State's
43 Attorney, exercise the powers and duties of the Chief State's Attorney
44 until such Chief State's Attorney resumes his duties. For the purposes of
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45 this subparagraph, the Criminal Justice Commission means the
46 members of the commission other than the Chief State's Attorney. (B)
47 The Criminal Justice Commission shall appoint a state's attorney for
48 each judicial district, who shall act therein as attorney on behalf of the
49 state. The Criminal Justice Commission shall also appoint, from
50 candidates recommended by the appropriate state's attorney and
51 deemed qualified by the commission, as many assistant state's attorneys
52 and deputy assistant state's attorneys on a full-time or part-time basis
53 for each judicial district as the criminal business of the court, in the
54 opinion of the Chief State's Attorney, may require, and the commission
55 shall also appoint, from candidates recommended by the Chief State's
56 Attorney and deemed qualified by the commission, as many assistant
57 state's attorneys and deputy assistant state's attorneys as are necessary,
58 in the opinion of the Chief State's Attorney, to assist the Chief State's
59 Attorney. Assistant state's attorneys and deputy assistant state's
60 attorneys, respectively, shall assist the state's attorneys for the judicial
61 districts and the Chief State's Attorney in all criminal matters and, in the
62 absence from the district or disability of the state's attorney or at his
63 request, shall have and exercise all the powers and perform all the duties
64 of state's attorney. At least three such assistant state's attorneys or
65 deputy assistant state's attorneys shall be designated by the Chief State's
66 Attorney to handle all prosecutions in the state of housing matters
67 deemed to be criminal. Any assistant or deputy assistant state's attorney
68 so designated should have a commitment to the maintenance of decent,
69 safe and sanitary housing and, to the extent practicable, shall handle
70 housing matters on a full-time basis. At least one assistant state's
71 attorney shall be designated by the Chief State's Attorney to handle all
72 prosecutions in the state of environmental matters deemed to be
73 criminal. Any assistant state's attorney so designated should have a
74 commitment to protecting the environment and, to the extent
75 practicable, shall handle environmental matters on a full-time basis. (C)
76 The Chief State's Attorney may promote any assistant state's attorney,
77 or deputy assistant state's attorney who assists him, and the appropriate
78 state's attorney may promote any assistant state's attorney or deputy
79 assistant state's attorney who assists such state's attorney in the judicial
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80 district.
81 (2) On and after July 1, 1985, the Chief State's Attorney, deputy chief
82 state's attorneys, state's attorneys, assistant state's attorneys and deputy
83 assistant state's attorneys shall receive salaries in accordance with a
84 compensation plan approved by the Department of Administrative
85 Services.
86 (3) Each state's attorney who, on June 30, 1973, was included in the
87 provisions of sections 51-49, 51-287 and 51-288 may elect to continue to
88 be so included and, each state's attorney, incumbent on July 1, 1978, who
89 was an assistant state's attorney, chief prosecuting attorney or deputy
90 chief prosecuting attorney on June 30, 1973, may elect to be included in
91 sections 51-49, 51-287 and 51-288, and, in each such case, the
92 Comptroller shall deduct from his salary five per cent thereof as
93 contributions for the purposes of sections 51-49, 51-287 and 51-288,
94 provided any person who has so elected may thereafter elect to
95 participate in chapter 66 and thereupon his past contributions to the
96 State's Attorneys' Retirement Fund shall be transferred to the State
97 Employees Retirement Fund and he shall be credited with all prior
98 service. All other persons appointed under the provisions of this section
99 shall be subject to the provisions of chapter 66.
100 (4) Each Chief State's Attorney, deputy chief state's attorney or state's
101 attorney who (A) is ineligible to elect under subdivision (3) of this
102 subsection, (B) is not subject to the provisions of chapter 66, and (C) had
103 vested under the State Employees Retirement Fund, prior to his
104 appointment to such office, shall vest under the State's Attorneys'
105 Retirement Fund upon reappointment to any such office by the Criminal
106 Justice Commission.
107 (5) The several state's attorneys shall each hold office for eight years
108 from July first and until the appointment and qualification of a successor
109 unless sooner removed for just cause by the Criminal Justice
110 Commission. Beginning July 1, 2022, and every two years thereafter, the
111 commission shall evaluate the performance of each state's attorney in
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112 accordance with the provisions of section 51-280, as amended by this
113 act.
114 (6) When any vacancy in the office of the Chief State's Attorney or the
115 office of a state's attorney is to be filled, the commission shall make its
116 appointment from the various recommendations of the Chief State's
117 Attorney or the appropriate state's attorney.
118 (7) Each deputy chief state's attorney and state's attorney incumbent
119 on the date of certification by the Secretary of the State of the
120 constitutional amendment concerning appointment of state's attorneys,
121 shall serve the term for which he had been appointed prior to said date.
122 Sec. 3. Section 51-279a of the general statutes is repealed and the
123 following is substituted in lieu thereof (Effective October 1, 2020):
124 (a) The Division of Criminal Justice Advisory Board is established,
125 comprised of the Chief State's Attorney or his designee and the state's
126 attorney for each judicial district or his designee. The board shall [meet
127 at least once a month to advise on state-wide prosecutorial standards
128 and guidelines and other policy matters, including peer review and
129 resolution of conflicts. The board shall adopt such rules as it deems
130 necessary for the conduct of its internal affairs.] develop and formally
131 adopt written Division of Criminal Justice policies. The policies shall
132 include, but not be limited to, standards concerning the following
133 subject areas:
134 (1) Charging decisions, including the:
135 (A) Enumeration of circumstances in which the prosecuting attorneys
136 will be responsible for initiating charges, and circumstances in which
137 law enforcement officers will be permitted to initiate charges;
138 (B) Enumeration of specific offenses for which charges will be
139 presumptively declined or dismissed;
140 (C) Prohibition of charging juveniles as adults, except in specifically
141 enumerated circumstances;
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142 (D) Standard of proof required to initiate and maintain charges;
143 (E) Prohibition of initiating and maintaining charges greater in
144 number or degree than supported by the requisite standard of proof;
145 (F) Identification of which investigatory and discovery materials
146 should be reviewed before initiating and maintaining charges;
147 (G) Eligibility and standard criteria for referral to diversionary
148 programs in lieu of charging;
149 (H) Enumeration of circumstances in which a written explanation of
150 the bases for the charging decision or for a declination, dismissal,
151 nonprosecution or nolle shall be required; and
152 (I) Parameters for consideration of collateral consequences of
153 conviction, including, but not limited to, immigration consequences,
154 when initiating and maintaining charges.
155 (2) Pretrial release, as governed by section 54-63b, including:
156 (A) The enumeration of specific offense categories for which pretrial
157 release will be mandatory and specific offense categories for which
158 pretrial release will be presumptive;
159 (B) The standard criteria for determining the amount of security
160 release requested for charged offenses;
161 (C) The enumeration of circumstances in which prosecuting
162 attorneys are permitted to object to pretrial release;
163 (D) The review of pretrial release recommendations by supervisory
164 staff within each state's attorney's judicial district; and
165 (E) A process for reevaluating continuing pretrial detention
166 throughout the pretrial period.
167 (3) Pretrial discovery, including:
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168 (A) A process for facilitating prompt and complete discovery to the
169 defense and ongoing disclosures as soon as new evidence is known by
170 each state's attorney's office;
171 (B) A process for ensuring that law enforcement officers disclose their
172 entire investigative file to the relevant state's attorney's office, and that
173 the prosecuting attorney inquires with each officer involved in the
174 investigation as to whether all materials have been disclosed;
175 (C) Prior to a defendant entering a guilty plea, an opportunity for the
176 defendant to review all discovery materials in the state's possession;
177 (D) The provision of discovery all evidentiary materials held by the
178 persecutorial official to a defendant pretrial and prior to acceptance or
179 rejection of any plea agreement offer, with the exception of privileged
180 information, regardless of materiality of such evidentiary materials;
181 (E) The provision to the court and defense counsel with a list of each
182 item disclosed to the defense and certification of compliance with
183 discovery requirements; and
184 (F) Agreements between prosecutorial officials and law enforcement
185 agencies concerning data retention and data sharing.
186 (4) Diversionary programs, including the:
187 (A) Eligibility and standard criteria for referral of a case to a
188 specialized drug court, if such court exists in the state's attorney's
189 judicial district; and
190 (B) Minimization or elimination of costs to defendants referred to
191 diversionary programs.
192 (5) Plea agreements, including:
193 (A) Standardized offers based on offense categories and defendant
194 characteristics;
195 (B) Specific mitigating or aggravating factors which may justify
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196 departure from standardized offers; and
197 (C) A prohibition on changing future sentencing recommendations
198 based upon a defendant's failure to enter into a plea agreement.
199 (6) Trial conduct, including:
200 (A) Ethical and professional standards for opening and closing
201 statements;
202 (B) Ethical and professional standards for handling evidence and
203 witnesses, including, but not limited to, the disclosure of favorable
204 evidence to defendants before and during a trial and after a conviction;
205 and
206 (C) An explicit prohibition of jury selection based on impermissible
207 factors such as race, sex or ethnicity.
208 (7) Sentencing recommendations, including:
209 (A) The enumeration of specific offense categories or defendant
210 characteristics for which a recommendation of alternatives to
211 incarceration is mandatory and specific offense categories or defendant
212 characteristics for which a recommendation of alternatives to
213 incarceration is presumptive;
214 (B) Eligibility and standard recommendations for alternatives to
215 incarceration, when such recommendations are discretionary;
216 (C) The identification of alternative incarceration programs,
217 including, but not limited to, conditional release, work release, earned
218 sentence reductions and short-term transitional leave, and the eligibility
219 and standard criteria for recommending such alternative incarceration
220 programs;
221 (D) The enumeration of circumstances in which a state's attorney may
222 request the imposition of fines and fees, including attorney fees for
223 appointed counsel;
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224 (E) Eligibility and standard criteria for sentencing recommendations
225 in excess of any applicable mandatory minimums;
226 (F) Eligibility and standard criteria for sentencing recommendations
227 at any applicable statutory maximum;
228 (G) A process for participation in presentencing reports, including
229 making recommendations for sentencing variances contained in such
230 reports;
231 (H) Guidelines for circumstances when any applicable mandatory
232 minimums are excessive, unjust or disproportionate; and
233 (I) Consideration and public disclosure of costs to the state of
234 sentencing recommendations.
235 (8) Post-sentence recommendations, including:
236 (A) The enumeration of specific offense categories, defendant
237 characteristics or sentence types for which a recommendation to
238 terminate post-sentence supervised or conditional release is mandatory
239 and specific offense categories, defendant characteristics or sentence
240 types for which a recommendation to terminate post-sentence
241 supervised or conditional release is presumptive;
242 (B) Eligibility and standard recommendations for post-sentence
243 supervised or conditional release, including when such
244 recommendations are mandatory or discretionary;
245 (C) Eligibility and standard criteria for recommendations on pardons
246 and other post-sentence relief; and
247 (D) The process for review of convictio