Bill Summary – FastDemocracy

General Assembly                       Raised Bill No. 1018
      January Session, 2021                  LCO No. 4393
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 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 general statutes is
    repealed and the following is substituted in lieu thereof (Effective October
    1, 2021):
       (h) The commission shall be [within the Division of Criminal Justice.
    Said division shall provide staff] an autonomous body within the
    Executive Department. The Office of Policy and Management shall
    provide administrative support for the commission.
      Sec. 2. Subsection (b) of section 51-278 of the general statutes is
   repealed and the following is substituted in lieu thereof (Effective October
   1, 2021):
      (b) (1) (A) The Criminal Justice Commission shall appoint (i) two
   deputy chief state's attorneys as assistant administrative heads of the
   Division of Criminal Justice, one of whom shall be deputy chief state's
   attorney for operations and one of whom shall be deputy chief state's
   attorney for personnel, finance and administration, who shall assist the
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 Chief State's Attorney in his duties, and (ii) one deputy chief state's
 attorney who shall be nominated by the commission to serve as
 Inspector General in accordance with section 51-277e. The term of office
 of a deputy chief state's attorney shall be four years from July first in the
 year of appointment and until the appointment and qualification of a
 successor unless sooner removed by the Criminal Justice Commission.
 The Criminal Justice Commission shall designate one deputy chief
 state's attorney appointed under subparagraph (A)(i) of this subsection
 who shall, in the absence or disqualification of the Chief State's
 Attorney, exercise the powers and duties of the Chief State's Attorney
 until such Chief State's Attorney resumes his duties. For the purposes of
 this subparagraph, the Criminal Justice Commission means the
 members of the commission other than the Chief State's Attorney. (B)
 The Criminal Justice Commission shall appoint a state's attorney for
 each judicial district, who shall act therein as attorney on behalf of the
 state. The Criminal Justice Commission shall also appoint, from
 candidates recommended by the appropriate state's attorney and
 deemed qualified by the commission, as many assistant state's attorneys
 and deputy assistant state's attorneys on a full-time or part-time basis
 for each judicial district as the criminal business of the court, in the
 opinion of the Chief State's Attorney, may require, and the commission
 shall also appoint, from candidates recommended by the Chief State's
 Attorney and deemed qualified by the commission, as many assistant
 state's attorneys and deputy assistant state's attorneys as are necessary,
 in the opinion of the Chief State's Attorney, to assist the Chief State's
 Attorney. Assistant state's attorneys and deputy assistant state's
 attorneys, respectively, shall assist the state's attorneys for the judicial
 districts and the Chief State's Attorney in all criminal matters and, in the
 absence from the district or disability of the state's attorney or at his
 request, shall have and exercise all the powers and perform all the duties
 of state's attorney. At least three such assistant state's attorneys or
 deputy assistant state's attorneys shall be designated by the Chief State's
 Attorney to handle all prosecutions in the state of housing matters
 deemed to be criminal. Any assistant or deputy assistant state's attorney
 so designated should have a commitment to the maintenance of decent,
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 safe and sanitary housing and, to the extent practicable, shall handle
 housing matters on a full-time basis. At least one assistant state's
 attorney shall be designated by the Chief State's Attorney to handle all
 prosecutions in the state of environmental matters deemed to be
 criminal. Any assistant state's attorney so designated should have a
 commitment to protecting the environment and, to the extent
 practicable, shall handle environmental matters on a full-time basis. (C)
 The Chief State's Attorney may promote any assistant state's attorney,
 or deputy assistant state's attorney who assists him, and the appropriate
 state's attorney may promote any assistant state's attorney or deputy
 assistant state's attorney who assists such state's attorney in the judicial
 district.
    (2) On and after July 1, 1985, the Chief State's Attorney, deputy chief
 state's attorneys, state's attorneys, assistant state's attorneys and deputy
 assistant state's attorneys shall receive salaries in accordance with a
 compensation plan approved by the Department of Administrative
 Services.
    (3) Each state's attorney who, on June 30, 1973, was included in the
 provisions of sections 51-49, 51-287 and 51-288 may elect to continue to
 be so included and, each state's attorney, incumbent on July 1, 1978, who
 was an assistant state's attorney, chief prosecuting attorney or deputy
 chief prosecuting attorney on June 30, 1973, may elect to be included in
 sections 51-49, 51-287 and 51-288, and, in each such case, the
 Comptroller shall deduct from his salary five per cent thereof as
 contributions for the purposes of sections 51-49, 51-287 and 51-288,
 provided any person who has so elected may thereafter elect to
 participate in chapter 66 and thereupon his past contributions to the
 State's Attorneys' Retirement Fund shall be transferred to the State
 Employees Retirement Fund and he shall be credited with all prior
 service. All other persons appointed under the provisions of this section
 shall be subject to the provisions of chapter 66.
    (4) Each Chief State's Attorney, deputy chief state's attorney or state's
 attorney who (A) is ineligible to elect under subdivision (3) of this
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 subsection, (B) is not subject to the provisions of chapter 66, and (C) had
 vested under the State Employees Retirement Fund, prior to his
 appointment to such office, shall vest under the State's Attorneys'
 Retirement Fund upon reappointment to any such office by the Criminal
 Justice Commission.
    (5) The several state's attorneys shall each hold office for [eight] five
 years from July first and until the appointment and qualification of a
 successor unless sooner removed for just cause by the Criminal Justice
 Commission. Beginning July 1, 2022, the commission shall biennially
 evaluate the performance of each state's attorney in accordance with
 section 51-280, as amended by this act.
    (6) When any vacancy in the office of the Chief State's Attorney or the
 office of a state's attorney is to be filled, the commission shall make its
 appointment from the various recommendations of the Chief State's
 Attorney or the appropriate state's attorney.
   (7) Each deputy chief state's attorney and state's attorney incumbent
 on the date of certification by the Secretary of the State of the
 constitutional amendment concerning appointment of state's attorneys,
 shall serve the term for which he had been appointed prior to said date.
    Sec. 3. Section 51-279a of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2021):
    (a) The Division of Criminal Justice Advisory Board is established,
 comprised of the Chief State's Attorney or his designee and the state's
 attorney for each judicial district or his designee. The board shall [meet
 at least once a month to advise on state-wide prosecutorial standards
 and guidelines and other policy matters, including peer review and
 resolution of conflicts. The board shall adopt such rules as it deems
 necessary for the conduct of its internal affairs.] develop uniform
 written Division of Criminal Justice policies on or before December 31,
 2021. The policies shall include, but not be limited to, standards
 concerning the following subject areas:
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   (1) Charging decisions, concerning:
   (A) Initiation of charges,
   (B) Charging juveniles as adults,
   (C) The standard of proof required to initiate and maintain charges,
   (D) Investigatory and discovery materials to be reviewed before
 charging, and
   (E) Diversionary program referrals;
   (2) Pretrial release pursuant to section 54-63b, concerning:
    (A) Pretrial release standards for specific offenses and offense
 categories,
    (B) Criteria for determining the amount of security release requested
 for charged offenses,
   (C) Review of pretrial release recommendations by supervisory staff
 within each judicial district, and
   (D) Reevaluation of pretrial detention throughout the pretrial period;
   (3) Pretrial discovery, concerning:
   (A) Facilitation of prompt and complete initial discovery to the
 defense,
   (B) Ongoing discovery to the defense when new evidence is made
 known to the state's attorney's office,
    (C) Disclosure of complete file by law enforcement to the state's
 attorney's office, and
   (D) Provision of discovery materials prior to entering into a plea
 agreement and prior to the beginning of a trial;
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   (4) Diversionary programs, concerning:
   (A) Eligibility and criteria for referral, and
   (B) Minimizing or eliminating costs to defendants;
   (5) Plea agreements, concerning:
   (A) Factors for consideration when evaluating a defendant for a plea
 agreement, such as offense categories, defendant characteristics and
 specific mitigating or aggravating factors, and
   (B) The effect of a defendant's failure to enter into a plea agreement
 on future sentencing recommendations;
   (6) Sentencing recommendations, including:
   (A) Factors for recommendation of alternatives to incarceration,
    (B) Factors for requesting imposition of fines and fees, including
 attorney fees for appointed counsel,
   (C) Factors for sentencing recommendations (i) in excess of any
 applicable mandatory minimums, or (ii) at any applicable statutory
 maximum,
    (D) The process for participating in presentencing reports, including
 making recommendations for sentencing variances contained in such
 reports, and
   (E) Consideration and recording of projected expenditures of state or
 municipal funds associated with sentencing recommendations;
   (7) Post-sentence recommendations, including:
   (A) Factors for recommending termination of post-sentence
 supervised or conditional release,
   (B) Factors for recommending pardons and other post-sentence relief,
 and
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    (C) The process for review of convictions and sentences challenged
 as unlawful;
   (8) Victim engagement and involvement, including:
   (A) Eligibility for victim involvement in charging decisions and other
 processes, and
    (B) Working with the Victim Advocate to develop uniform processes
 for victim outreach and support;
   (9) Case management and staffing, including transfer, continuance
 and staffing standards;
    (10) Uniform prosecutorial ethics standards in addition to the ethical
 standards pertaining to all attorneys;
   (11) The use of a grand jury for investigations;
    (12) Circumstances and procedures for deviating from the policies
 created by the advisory board pursuant to this subsubsection;
    (13) A uniform assessment tool for conducting annual performance
 evaluations for all deputy assistant state's attorneys, assistant state's
 attorneys, senior assistant state's attorneys, supervisory assistant state's
 attorneys and any other prosecuting attorneys; and
   (14) Any other rules the advisory board deems necessary for the
 conduct of its internal affairs.
    (b) Not later than sixty days after the advisory board has developed
 uniform policies in accordance with subsection (a) of this section, but in
 no event after March 1, 2022, the members of the Criminal Justice
 Commission shall review and approve the uniform policies developed
 by the advisory board, if such policies address each subdivision of
 subsection (a) of this section. If the commission determines that such
 policies do not address one or more subdivisions of subsection (a) of this
 section, the commission shall submit a written report to the advisory
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 board detailing which subdivisions of subsection (a) of this section need
 to be addressed in revised uniform policies. The advisory board shall
 revise the uniform policies to address each such subdivision and shall
 submit the revised uniform policies to the commission not later than ten
 days after receipt of such written report. Not later than thirty days after
 receipt of such revised uniform policies, the commission shall review
 and approve the revised uniform policies if such policies address each
 subdivision of subsection (a) of this section. If such revised uniform
 policies do not address each subdivision of subsection (a) of this section,
 the commission shall submit a written report to the advisory board and
 the advisory board shall further revise the uniform policies, in
 accordance with the provisions of this subsection.
    (c) Upon approval of the policies by the Criminal Justice Commission
 pursuant to subsection (b) of this section, the advisory board shall vote
 to adopt the uniform polices on or before July 1, 2022. Upon adoption of
 the uniform policies and not later than July 1, 2022, the advisory board
 shall post the adopted uniform policies on the Division of Criminal
 Justice's Internet web site.
    (d) (1) Not later than five years after the initial adoption of the policies
 approved pursuant to subsection (b) of this section, and every five years
 thereafter, the advisory board shall:
    (A) Review the policies;
   (B) Post on the Division of Criminal Justice's Internet web site notices
 concerning the time, date and place of any meeting of the advisory
 board for the purpose of making revisions to the uniform policies;
    (C) Hold a public meeting with opportunity for public testimony
 regarding the review or revision of uniform policies; and
    (D) Revise uniform policies, if necessary.
    (2) Upon any such revisions, the advisory board shall submit such
 revised uniform policies to the Criminal Justice Commission, which
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 shall review the revised uniform policies and approve such revised
 uniform policies in accordance with subsection (b) of this section. Not
 later than thirty days after such approval by the commission, the
 advisory board shall vote to adopt the uniform policies. Not later than
 thirty days after the adoption of such revised uniform policies, the
 advisory board shall post the adopted revised uniform policies on the
 Division of Criminal Justice's Internet web site.
   (e) The advisory board shall meet at least quarterly to review the
 policies adopted pursuant to subsection (b) of this section and to advise
 on other standards, guidelines and policy matters.
    (f) Each state's attorney shall adopt and make available to the
 prosecuting attorneys within the state's attorney's judicial district the
 uniform policies adopted in accordance with subsection (c) of this
 section not later than July 1, 2022. Each state's attorney shall implement
 the policies within that judicial district and direct all prosecuting
 attorneys within the judicial district to comply with such policies. All
 state's attorneys shall adopt and implement any revision to the policies
 adopted in accordance with subsection (d) of this section.
    (g) The advisory board shall establish a methodology for the state's
 attorney of each judicial district to monitor and track information
 regarding compliance with the uniform or revised uniform policies
 adopted in accordance with subsection (c) or (d) of this section.
    Sec. 4. Section 51-279c of the general statutes is repealed and the
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