Sec. 51-275a. Criminal Justice Commission established. Meetings.
Sec. 51-286j. Collection of disaggregated, case level prosecutorial data.
Sec. 51-286k. Tracking and reporting of use of testimony by jailhouse witnesses.
Sec. 51-275a. Criminal Justice Commission established. Meetings. (a) There is established a Criminal Justice Commission which shall be composed of the Chief State's Attorney and six members nominated by the Governor and appointed by the General Assembly in accordance with section 4-2, two of whom shall be judges of the Superior Court.
(b) The chairman shall be appointed by the Governor.
(c) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.
(d) The commission shall post notices concerning the time, date and place of meetings of the commission on an Internet web site operated by the commission.
(e) Any meeting of the commission held pursuant to section 51-278 or section 51-278b, the sole purpose of which is to appoint, reappoint, remove or otherwise discipline the Chief State's Attorney, a deputy chief state's attorney or a state's attorney, shall be held in the Legislative Office Building and shall include an opportunity for public testimony.
(f) The commission may adopt such rules as it deems necessary for the conduct of its internal affairs.
(g) The commission may adopt regulations in accordance with chapter 54 to carry out its responsibilities under this chapter.
(h) The commission shall be within the Division of Criminal Justice. Said division shall provide staff support for the commission.
(P.A. 84-406, S. 1, 13; P.A. 85-440, S. 3, 7; P.A. 87-477, S. 2; Sept. Sp. Sess. P.A. 09-7, S. 168; P.A. 19-59, S. 5.)
History: P.A. 84-406 effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment re state's attorneys; P.A. 85-440 amended Subsec. (a) by requiring that two members of criminal justice commission shall be judges of the superior court; P.A. 87-477 inserted new Subsec. (e) permitting commission to adopt regulations in accordance with chapter 54 to carry out responsibilities under chapter, relettering former Subsec. accordingly; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (f) to place commission within Division of Criminal Justice, effective October 5, 2009; P.A. 19-59 added new Subsec. (d) re notice of meetings and added new Subsec. (e) re location of and public testimony at meetings and redesignated existing Subsecs. (d) to (g) as Subsecs. (f) to (h).
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Sec. 51-277a. Investigation of the use of physical force by a peace officer that results in death of another person or use of deadly force. Reporting. (a)(1) Whenever a peace officer, in the performance of such officer's duties, uses physical force upon another person and such person dies as a result thereof or uses deadly force, as defined in section 53a-3, upon another person, the Division of Criminal Justice shall cause an investigation to be made and shall have the responsibility of determining whether the use of physical force by the peace officer was appropriate under section 53a-22. The division shall request the appropriate law enforcement agency to provide such assistance as is necessary to determine the circumstances of the incident.
(2) On and after January 1, 2020, whenever a peace officer, in the performance of such officer's duties, uses physical force upon another person and such person dies as a result thereof, the Division of Criminal Justice shall cause a preliminary status report to be completed that shall include, but need not be limited to, (A) the name of the deceased person, (B) the gender, race, ethnicity and age of the deceased person, (C) the date, time and location of the injury causing such death, (D) the law enforcement agency involved, (E) the status on the toxicology report, if available, and (F) the death certificate, if available. The division shall complete the report and submit a copy of such report not later than five business days after the cause of the death is available in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.
(b) In causing an investigation to be made pursuant to subdivision (1) of subsection (a) of this section, the Chief State's Attorney shall, (1) as provided in section 51-281, designate a prosecutorial official from a judicial district other than the judicial district in which the incident occurred to conduct the investigation, or (2) as provided in subsection (a) of section 51-285, appoint a special assistant state's attorney or special deputy assistant state's attorney to conduct the investigation. The Chief State's Attorney shall, upon the request of such prosecutorial official or special prosecutor, appoint a special inspector or special inspectors to assist in such investigation.
(c) Upon the conclusion of the investigation of the incident, the Division of Criminal Justice shall file a report with the Chief State's Attorney which shall contain the following: (1) The circumstances of the incident, (2) a determination of whether the use of physical force by the peace officer was appropriate under section 53a-22, and (3) any future action to be taken by the division as a result of the incident. The Chief State's Attorney shall provide a copy of the report to the chief executive officer of the municipality in which the incident occurred and to the Commissioner of Emergency Services and Public Protection or the chief of police of such municipality, as the case may be, and shall make such report available to the public on the division's Internet web site not later than forty-eight hours after the copies are provided to the chief executive officer and the commissioner or chief of police.
(P.A. 88-199; P.A. 90-230, S. 66, 101; P.A. 98-48, S. 1; P.A. 11-51, S. 134; June Sp. Sess. P.A. 15-4, S. 4; P.A. 19-90, S. 3.)
History: P.A. 90-230 corrected the reference to “deadly physical force” in Subsec. (a); P.A. 98-48 added Subsec. (b) authorizing the designation of a prosecutorial official from another judicial district or the appointment of a special prosecutor to conduct the investigation, requiring the appointment of special inspectors when requested and authorizing any person to make a written request for the designation of a prosecutorial official from another judicial district or the appointment of a special prosecutor to conduct the investigation and relettered former Subsec. (b) as Subsec. (c); pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (c), effective July 1, 2011; June Sp. Sess. P.A. 15-4 amended Subsecs. (a) and (c)(2) to replace “deadly physical force” with “physical force”, amended Subsec. (b) to designate existing provision re designation of prosecutorial official from judicial district other than one in which incident occurred as Subdiv. (1), designate existing provision re appointment of special assistant state's attorney or special deputy assistant state's attorney as Subdiv. (2) and replace “may” with “shall”, and made technical and conforming changes; P.A. 19-90 amended Subsec. (a) by designating existing provisions re investigation of peace officer's use of physical force resulting in death as Subdiv. (1) and amending same by adding provision re use of deadly force upon another person, adding Subdiv. (2) re peace officer's use of physical force resulting in death and preliminary status report, amended Subsec. (b) by adding reference to Subsec. (a)(1), amended Subsec. (c) by adding provision re availability of report on division's Internet web site, and made technical changes.
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Sec. 51-286j. Collection of disaggregated, case level prosecutorial data. (a) The Division of Criminal Justice, in consultation with the Judicial Branch, the Department of Correction and the Criminal Justice Information System Governing Board, established under section 54-142, shall collect for the purposes of section 4-68ff disaggregated, case level data by docket number pertaining to defendants who are eighteen years of age or older at the time of the commission of an alleged offense under each of the categories described in subdivisions (1) to (13), inclusive, of this subsection, as follows:
(1) Arrests, including data on citations, summonses, custody arrests, warrants and on-site arrests;
(2) Arraignments of individuals in custody;
(3) Continuances;
(4) Diversionary programs, including data on program applications, program diversions, successful completions by defendants of such programs, failures by defendants to complete such programs and people in diversion on the first of the month;
(5) Contact between victims and prosecutorial officials, including data on cases involving victims;
(6) Dispositions, including data on pending cases and cases disposed of;
(7) Nonjudicial sanctions, including data on nonjudicial sanctions applied, successful completion of nonjudicial sanctions, failure of nonjudicial sanctions and persons on nonjudicial sanction status on the first of the month;
(8) Plea agreements, including data on total plea agreements, agreements involving probation, agreements involving prison, other agreements and prosecutor's last best offer;
(9) Cases going to trial, including data on cases added per month, pending trial cases, plea offers accepted by the court per month, plea offers rejected by the court per month, disposition by trial, disposition involving probation, disposition involving prison and other dispositions;
(10) Demographics, including data on race, sex, ethnicity and age;
(11) Court fees or fines, including those imposed by the court at the disposition of the defendant's case and any outstanding balance the defendant may have on such fees or fines;
(12) Restitution amounts ordered pursuant to subsection (c) of section 53a-28, including any amount collected by the court and any amount paid to a victim; and
(13) The zip code of the defendant's primary residence.
(b) No information collected under this section that personally identifies a victim may be disclosed under section 4-68ff.
(P.A. 19-59, S. 2.)
History: P.A. 19-59 effective July 1, 2019.
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Sec. 51-286k. Tracking and reporting of use of testimony by jailhouse witnesses. (a) Each state's attorney's office shall track the following:
(1) The substance and use of any testimony of a jailhouse witness, as defined in section 54-86o, against the interest of a (A) person suspected as the perpetrator of an offense, or (B) defendant, regardless of whether such testimony is presented at trial; and
(2) The jailhouse witness's agreement to cooperate with the state's attorney and benefit, as defined in section 54-86o, that the state's attorney has provided, offered or may offer in the future to the jailhouse witness in connection with the testimony described in subdivision (1) of this subsection.
(b) Each state's attorney's office shall send the information described in subsection (a) of this section to the Criminal Justice Policy and Planning Division within the Office of Policy and Management, which shall maintain a state-wide record of such materials. Such information shall be confidential and not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200.
(P.A. 19-131, S. 3.)
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