AN ACT CONCERNING THE RIGHTS OF CRIME VICTIMS AND THE DUTIES OF THE OFFICE OF THE VICTIM ADVOCATE.

AN ACT CONCERNING THE RIGHTS OF CRIME VICTIMS AND THE DUTIES OF THE OFFICE OF THE VICTIM ADVOCATE.

This bill codifies the test established in Perkins v. FOI, 228 Conn. 158 (1993), for determining whether personnel, medical, or similar files are private and may be exempt from disclosure under the Freedom of Information Act (FOIA). This means that personnel, medical, or similar files are exempt if disclosure (1) would be highly offensive to a reasonable person and (2) the records are not of legitimate public concern.

It expands the notice requirement when the disclosure of personnel, medical, or similar files would invade the personal privacy of a crime victim; mandates that agencies deny access to these records; and allows the crime victim to “intervene as a party” if the denial is appealed to the Freedom of Information Commission (FOIC).

The bill eliminates the requirement for victim advocates to provide initial screening for personal injury cases. By law, victim advocates are employees of the Office of Victim Services and appointed by courts to represent the needs of and assist crime victims.

The bill defines “victims” for purposes of the record exemption under FOIA and the duties of victim advocates as (1) people who suffer direct or threatened physical, emotional, or financial harm from a crime; (2) their immediate families when the victim is deceased, incapacitated, or a minor child; or (3) the designated decision maker of a homicide victim.

The bill (1) gives cases of sexual assault involving minor victims and criminal cases in which a minor is expected to testify as a witness priority over other types of criminal cases; (2) requires courts to take action to expedite these cases if doing so would be in the child's best interest; and (3) establishes a procedure for handling requests for continuances.

It makes the victim advocate a member of the Criminal Justice Policy Advisory Commission.

By law, personnel, medical, and similar files may be exempt from disclosure under FOIA if disclosure would constitute an invasion of personal privacy. An agency that receives a request for any one of these files notifies the subject of the file of the request and then decides whether to release it. If the agency denies the request and the requestor appeals, FOIC will determine if the agency had the authority to deny the request by applying the Perkins test, which the bill codifies. The subject of the file may request to intervene in the case before FOIA or ask to be added as a party to the action.

When someone asks a public agency for access to a personnel, medical, or similar file that could invade a crime victim's personal privacy, the bill requires the agency to notify the (1) victim; (2) immediate family of a deceased, incapacitated, or a minor child victim; or (3) the designated decision maker of a homicide victim. It requires, rather than allows, the agency to withhold the record. It allows crime victims to “intervene as a party” if the denial is appealed to FOIC. Under the Uniform Administrative Procedures Act, there is a difference between an “intervenor” and a “party. ” The former status is given to someone who demonstrates that his or her participation is in the interest of justice and will not impair the orderly conduct of the proceeding. The latter status is given to someone who demonstrates that his or her legal rights, duties, or privileges would be specifically affected by the agency's decision (CGS § 4-177a). Thus, it is unclear how someone “intervenes as a party. ”

Whenever a person under age 18 is the victim of a sexual assault or expected to testify as a witness in a criminal case, the bill requires the court to expedite the case and give it precedence over other types of cases if expedition is in the minor's best interests.

If a defendant asks to continue the case, the bill requires the prosecutor to file an impact statement with the court that specifies (1) whether the state and the minor or his or her representative agree to the request and (2) any effect the continuance might have on the minor. The court must weigh any possible adverse impact a continuance might have on the minor. If the court grants the continuance, it must state the reason for the decision on the record in open court.

Victim advocates are employees of the Office of Victim Services and appointed by courts to represent the needs of and assist crime victims. Their duties include preparing victim impact statements for court files, providing information and advice to individual victims, coordinating victim applications to the Office of Victim Services, and helping victims process claims for restitution.

The commission (1) develops and recommends policies to prevent prison overcrowding, (2) examines the impact of statutes and administrative policies on overcrowding and recommends legislation, (3) researches and gathers data and information on efforts to prevent overcrowding and makes it available to criminal justice agencies and legislators, (4) advises the Office of Policy and Management's Criminal Justice Policy and Planning Division (CJPPD) undersecretary on policies and procedures to promote more effective and cohesive criminal and juvenile justice systems and to develop and implement the reentry strategy, and (5) assists the undersecretary in developing recommendations in reports and presentations.

The commission consists of the CJPPD undersecretary, chief court administrator; commissioners of correction, public safety, and mental health and addiction services; chief state's attorney; chief public defender; Board of Pardons and Paroles chairman; Judicial Branch's Court Support Services Division executive director; eight members appointed by the governor including a police chief, representatives of offender and victim services, and government and public members; the labor and social services commissioners who can deliberate and vote only on matters concerning employment and entitlement programs available to adult and juvenile offenders reentering the community; and the children and families and education commissioners who can deliberate and vote only on juvenile justice matters.

HB 1152, favorably reported by the Government Administration and Elections Committee, also codifies the Perkins test.

sHB 6709, favorably reported by the Judiciary Committee, prohibits the Department of Correction commissioner from disclosing personnel, medical, or similar files to inmates or people confined to Whiting Forensic Division, except pursuant to a court order.

Yea

Nay

(04/03/2009)