Chapter 886 - Division of Criminal Justice

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 subsection (i) of this section, 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.

(i) Any appointed member serving on the commission on October 1, 2021, may continue to serve until the expiration of his or her term. On and after October 1, 2021, each nomination for appointment to the commission by the Governor shall be referred, without debate, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary which shall report on each appointment not later than thirty days after the date of reference. Each appointment by the General Assembly of any such commission member shall be by concurrent resolution.

(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; P.A. 21-8, S. 1.)

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); P.A. 21-8 amended Subsec. (a) to replace reference to Sec. 4-2 with Subsec. (i) and added Subsec. (i) re appointments on and after October 1, 2021.

Sec. 51-276. Division established. There is hereby established the Division of Criminal Justice within the Executive Department, which shall be in charge of the investigation and prosecution of all criminal matters in the Superior Court. The Division of Criminal Justice shall be an agency within the Executive Department with all management rights except appointment of all state's attorneys.

(P.A. 73-122, S. 2, 27; P.A. 76-436, S. 567, 681; P.A. 84-406, S. 2, 13.)

History: P.A. 76-436 referred to prosecution of criminal matters in superior court rather than “in the courts within the state”, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 84-406 placed the division of criminal justice within the executive department and provided division shall have all management rights except appointment of state's attorneys, effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment re appointment of state's attorneys.

Cited. 221 C. 300; 234 C. 539.

Cited. 42 CS 291.

Sec. 51-277. Powers and duties of division. Representation of the state by Chief State's Attorney. (a) The division shall exercise all powers and duties with respect to the investigation and prosecution of criminal matters conferred upon or required of it by this chapter, or conferred upon or required of state's attorneys, assistant state's attorneys and deputy assistant state's attorneys of the Superior Court by the common and statutory law of this state.

(b) The division shall take all steps necessary and proper to prosecute all crimes and offenses against the laws of the state and ordinances, regulations and bylaws of any town, city, borough, district or other municipal corporation or authority.

(c) The division, through the Chief State's Attorney, shall participate on behalf of the state in all appellate, post-trial and postconviction proceedings arising out of the initiation of any criminal action whether or not the proceedings are denominated civil or criminal for other purposes.

(d) (1) The Chief State's Attorney and each deputy chief state's attorney may sign any warrants, informations, applications for grand jury investigations and applications for extradition.

(2) The Chief State's Attorney may, with the prior consent of the state's attorney for the judicial district, appear in court to represent the state.

(3) The Chief State's Attorney may represent the state in lieu of a state's attorney for a judicial district in any investigation, criminal action or proceeding if the Chief State's Attorney finds by clear and convincing evidence, misconduct, conflict of interest or malfeasance of a state's attorney, provided, upon request of such state's attorney, the Criminal Justice Commission, pursuant to regulations adopted in accordance with chapter 54, and after notice and hearing and good cause shown, may designate such state's attorney to represent the state in such investigation, criminal action or proceeding. In any case where the Chief State's Attorney indicates his intent to represent the state in lieu of a state's attorney under this subdivision, and such state's attorney objects to such representation, upon the request of such state's attorney the Chief State's Attorney and the state's attorney shall each prepare a written statement of their claims relative to such representation. Both statements shall be submitted to the commission to be considered by it at such hearing and shall become a permanent record which may be reviewed by the commission and used at the time of reappointment of the Chief State's Attorney or such state's attorney.

(P.A. 73-122, S. 3, 27; P.A. 74-183, S. 48, 291; 74-186, S. 7, 12; P.A. 82-248, S. 134; 82-472, S. 137, 183; P.A. 84-406, S. 3, 13; P.A. 85-440, S. 4, 7; P.A. 86-213, S. 2; P.A. 87-477, S. 1; P.A. 89-345, S. 1; P.A. 04-123, S. 1; P.A. 05-288, S. 173.)

History: P.A. 74-183 changed applicable date from July 1, 1973, to December 31, 1974; P.A. 74-186 authorized chief and deputy chief state's attorneys to sign warrants, informations and applications for grand jury investigations or extradition and to represent state in criminal trials; P.A. 82-248 rephrased the section, inserted Subsec. indicators, deleted reference in Subsec. (a) to “prosecuting attorneys and assistant prosecuting attorneys of the circuit court”, added in Subsec. (a) “and deputy assistant state's attorneys” and added in Subsec. (d) “assistant state's attorney or deputy assistant state's attorney”; P.A. 82-472 deleted obsolete reference to “county”; P.A. 84-406 amended Subsec. (d) to delete reference to deputy chief state's attorney as eligible for appointment by chief justice to represent state, effective November 28, 1984, upon certification by secretary of state of the vote on the constitutional amendment concerning appointment of state's attorneys; P.A. 85-440 amended Subsec. (d) by replacing “chief justice” with “criminal justice commission”; P.A. 86-213 amended Subsec. (b) by adding “through the chief state's attorney” and added Subsec. (d)(2) re representation of the state by the chief state's attorney in lieu of a state's attorney; P.A. 87-477 amended Subsec. (d) by adding provision that upon request of state's attorney, the criminal justice commission may designate such state's attorney to represent state after notice and hearing; P.A. 89-345 amended Subsec. (d)(2) re representation by the chief state's attorney in lieu of a state's attorney; P.A. 04-123 amended Subsec. (d) to designate as Subdiv. (1) existing provision authorizing the Chief State's Attorney and each deputy chief state's attorney to sign warrants, informations, applications for grand jury investigations and applications for extradition, delete former Subdiv. (1) authorizing the Chief State's Attorney to be appointed by the Criminal Justice Commission to represent the state in criminal trials upon application of a state's attorney for good cause shown and after showing no other state's attorney is available, add new Subdiv. (2) authorizing the Chief State's Attorney, with the prior consent of the state's attorney for the judicial district, to appear in court to represent the state, and redesignate existing Subdiv. (2) as Subdiv. (3) and amend said Subdiv. to delete “whenever the interest of the state will be furthered by so doing” as a condition for the representation of the state by the Chief State's Attorney in lieu of a state's attorney and to make a technical change; P.A. 05-288 made a technical change in Subsec. (d)(1), effective July 13, 2005.

See Sec. 31-290d re workers' compensation fraud unit within the office of the Chief State's Attorney in the Division of Criminal Justice.

Cited. 234 C. 539.

Cited. 43 CS 38.

Sec. 51-277a. Investigation and prosecution of the use of physical force by a peace officer, the death of a person in custody, failure of a peace officer to notify next of kin of a death or failure of a peace officer to intervene in or report an incident. Reporting upon conclusion of investigation. (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 the Inspector General shall have the responsibility of determining whether the use of physical force by the peace officer was justifiable under section 53a-22.

(2) (A) Except as provided under subdivision (1) of this subsection, whenever a person dies in the custody of a peace officer or law enforcement agency, the Inspector General shall investigate and determine whether physical force was used by a peace officer upon the deceased person, and if so, whether the use of physical force by the peace officer was justifiable under section 53a-22. If the Inspector General determines the deceased person may have died as a result of criminal action not involving the use of force by a peace officer, the Inspector General shall refer such case to the Chief State's Attorney or a state's attorney for potential prosecution.

(B) Except as provided under subdivision (1) of this subsection or subparagraph (A) of subdivision (2) of this subsection, whenever a person dies in the custody of the Commissioner of Correction, the Inspector General shall investigate and determine whether the deceased person may have died as a result of criminal action, and, if so, refer such case to the Chief State's Attorney or a state's attorney for potential prosecution.

(3) Whenever a person who (A) is a next of kin of a deceased person, (B) is not notified of such deceased person's death as required pursuant to section 7-294mm and no other person who is a next of kin of the deceased person was so notified, and (C) requests of the Office of the Inspector General an investigation of the lack of notification or timely notification of such death, the Inspector General shall investigate and determine whether there was any malfeasance on the part of a peace officer or a supervisor of the peace officer in the failure to provide such notification or timely notification, and if so, may make recommendations to the Police Officer Standards and Training Council established under section 7-294b concerning censure, suspension, renewal, cancelation or revocation of the peace officer's or supervisor's certification, provided any such recommendation may be made to said council only in a case where such failure is found to be intentional or made with reckless indifference. If there is no finding that such failure was intentional or made with reckless indifference, a recommendation may be made to the officer's or supervisor's employing agency for any further disciplinary action as so determined by such employing agency.

(4) The Inspector General shall request the appropriate law enforcement agency to provide such assistance as is necessary to investigate and make a determination under subdivision (1), (2) or (3) of this subsection.

(5) Whenever a peace officer, in the performance of such officer's duties, uses physical force or deadly force upon another person and such person dies as a result thereof, the Inspector General shall complete a preliminary status report 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 Inspector General 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 to the Chief State's Attorney and, 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) Upon the conclusion of the investigation of an incident described in subdivision (1) or (2) of subsection (a) of this section, the Inspector General 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 justifiable under section 53a-22, and (3) any recommended future action to be taken by the Office of the Inspector General 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 of Criminal Justice'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.

(c) The Office of the Inspector General shall prosecute any case in which the Inspector General determines that (1) the use of force by a peace officer was not justifiable under section 53a-22, or (2) there was a failure to intervene in such incident or to report any such incident, as required under subsection (a) of section 7-282e or section 18-81nn.

(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; July Sp. Sess. P.A. 20-1, S. 34; P.A. 21-8, S. 7; P.A 22-37, S. 31; 22-61, S. 2.)

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; July Sp. Sess. P.A. 20-1 transferred duty of investigation and determination from Division of Criminal Justice to the Inspector General, replaced “appropriate” with “justifiable” re use of physical force and made technical and conforming changes throughout, redesignated Subsec. (a)(1) as Subsecs. (a)(1) and (a)(3), added new Subsec. (a)(2) re death while in custody, redesignated existing Subsec. (a)(2) as Subsec. (a)(4), deleted former Subsec. (b) re designation or appointment of prosecutorial officials, special prosecutors or special inspectors by the Chief State's Attorney, redesignated existing Subsec. (c) as Subsec. (b) and added new Subsec. (c) re prosecution of cases by the Office of the Inspector General (Revisor's note: In codifying this section, an incorrect reference to “section 42 of this act” was deemed by the Revisors to be a reference to “section 43” and codified as section 18-81nn); P.A. 21-8 amended Subsec. (a) by replacing provision requiring Inspector General to investigate and make determination with division causing an investigation and Inspector General being responsible for determination in Subdiv. (1), adding “may have” and deleting “a possible” and replacing references to division with Chief State's Attorney or state's attorney in Subdiv. (2), replacing provision re determining circumstances of incident investigated with “investigate and make a determination” in Subdiv. (3) and adding reference to deadly force and Chief State's Attorney and making technical changes in Subdiv. (4), amended Subsec. (b)(3) by adding “recommended” and amended Subsec. (c) by designating use of force provision as Subdiv. (1) and failure to intervene language as Subdiv. (2) and making technical changes, effective May 6, 2021; P.A. 22-37 made technical changes in Subsec. (a)(2); P.A. 22-61 amended Subsec. (a) by adding new Subdiv. (3) re notification of next of kin of a person's death, referencing new Subdiv. (3) in former Subdiv. (3), and redesignating existing Subdivs. (3) and (4) as Subdivs. (4) and (5) and amended Subsec. (b) by referencing Subsecs. (a)(1) and (a)(2).

Sec. 51-277b. Investigation of judge or employee of Judicial Department; notice to Chief State's Attorney and appropriate state's attorney. When any judge of the Superior Court, Appellate Court or Supreme Court or employee of the Judicial Department may be affected by a law enforcement investigation, any law enforcement agency conducting such an investigation shall inform the Chief State's Attorney and the appropriate state's attorney of such investigation in a timely manner. The Chief State's Attorney shall inform the Chief Court Administrator of such investigation, provided such disclosure does not compromise any such investigation.

(P.A. 89-345, S. 8; P.A. 17-216, S. 6.)

History: P.A. 17-216 deleted provision re adoption of regulations.

Sec. 51-277c. Investigation and prosecution of crimes involving physical violence and possession of firearm. In the investigation and prosecution of crime, priority shall be given to crimes involving physical violence and to crimes involving the possession of a firearm.

(P.A. 97-257, S. 1, 13.)

History: P.A. 97-257 effective July 1, 1997.

Sec. 51-277d. Complaint re failure to prosecute in death case. Response. Whenever a prosecutorial official, after the investigation of the cause and circumstances of a person's death, declines to criminally prosecute any person in connection with such death, a member of such deceased person's immediate family may file a written complaint with the Chief State's Attorney or the Criminal Justice Commission. Not later than thirty days after the receipt of such complaint, the Chief State's Attorney or the chairperson of the Criminal Justice Commission shall respond in writing to the complainant informing the complainant of the action, if any, said Chief State's Attorney or chairperson has taken or intends to take concerning such matter.

(P.A. 01-211, S. 17.)

Sec. 51-277e. Office of the Inspector General established. Appointment of Inspector General. Powers and duties of office. (a) There is established the Office of the Inspector General that shall be a separate office within the Division of Criminal Justice. Not later than October 1, 2021, the Criminal Justice Commission established pursuant to section 51-275a shall appoint a deputy chief state's attorney as Inspector General who shall lead the Office of the Inspector General. The office shall: (1) Conduct investigations of peace officers in accordance with section 51-277a; (2) prosecute any case in which the Inspector General determines a peace officer used force found to not be justifiable pursuant to section 53a-22 or where a police officer or correctional officer fails to intervene in any such incident or to report any such incident, as required under subsection (a) of section 7-282e or section 18-81nn, as applicable; (3) investigate any failure to report the death of a person in accordance with the provisions of section 7-294mm; (4) investigate any failure to report in accordance with the provisions of subdivision (1) of subsection (h) of section 7-294d; and (5) make recommendations to the Police Officer Standards and Training Council established under section 7-294b concerning censure and suspension, renewal, cancelation or revocation of a peace officer's certification, provided in the case of a failure to report a death of a person, any such recommendation may be made to said council only in a case where such failure is found to be intentional or made with reckless indifference, or if there is no finding that such failure was intentional or made with reckless indifference, a recommendation may be made to the officer's employing agency for any further disciplinary action as so determined by such employing agency.

(b) The Inspector General shall serve a term of four years from July first in the year of the appointment unless sooner removed by the Criminal Justice Commission. The commission shall not be precluded from reappointing an individual who has previously served as Inspector General.

(d) The Inspector General may issue subpoenas to municipalities, law enforcement units, as defined in section 7-294, the Department of Correction and any employee or former employee of the municipality, unit or department (1) requiring the production of reports, records or other documents concerning an investigation described in subsection (a) of this section that is undertaken by the Inspector General, and (2) compelling the attendance and testimony of any person having knowledge pertinent to such investigation.

(e) A chief of police of a municipality, the Commissioner of Emergency Services and Public Protection or the Commissioner of Correction may refer and the Inspector General shall accept any such referral of an incident described in subsection (a) of this section for purposes of an investigation.

(f) The Office of the Inspector General shall be at a location that is separate from the locations of the Office of the Chief State's Attorney or any of the state's attorneys for the judicial districts.

(g) The Inspector General may employ necessary staff to fulfil the duties of the Office of the Inspector General described in subsection (a) of this section. Such staff shall be selected by the Inspector General within the confines of any existing collective bargaining agreement and shall include, but not be limited to, an assistant state's attorney or a deputy assistant state's attorney, an inspector and administrative staff. As needed by and upon request of the Inspector General, the Office of the Chief State's Attorney shall ensure assistance from additional assistant state's attorneys or deputy assistant state's attorneys, inspectors and administrative staff.

(July Sp. Sess. P.A. 20-1, S. 33; P.A. 21-8, S. 6; P.A. 22-61, S. 3; 22-114, S. 5.)

History: July Sp. Sess. P.A. 20-1 effective July 31, 2020 (Revisor's note: In codifying this section, an incorrect reference to “section 42 of this act” was deemed by the Revisors to be a reference to “section 43” and codified as section 18-81nn); P.A. 21-8 amended Subsec. (a) by providing office be separate rather than independent within the division, substituting appointment date of October 1, 2021, for October 1, 2020, requiring Inspector General be appointed rather than nominated, deleting “from within the division” and deleting reference to appointment by General Assembly and amended Subsec. (b) by changing start of term to four years from July first of year in which appointed unless removed sooner and deleting provisions re vacancy and appointment by General Assembly and replacing “renominating” with “reappointing”, deleted Subsec. (c) re nomination and appointment process, deleted Subsec. (d) re filling of a vacancy, deleted Subsec. (e) re interim Inspector General and redesignated existing Subsecs. (f) to (j) as Subsecs. (c) to (g), amended redesignated Subsec. (g) by deleting requirement staff be selected from division staff, adding requirement staff selection be within confines of any existing collective bargaining agreement and deleted Subsec. (k) re staff not in bargaining unit, effective May 6, 2021; P.A. 22-61 amended Subsec. (a) by adding new Subdiv. (3) re failure to report a death, by redesignating existing Subdiv. (3) as Subdiv. (4) and by adding proviso re failure to report a death in same; P.A. 22-114 amended Subsec. (a) to add new Subdiv. (3), codified by the Revisors as Subdiv. (4), requiring an investigation of failure to report and redesignate existing Subdiv. (3) as Subdiv. (4), codified by the Revisors as Subdiv. (5).

Sec. 51-278. (Formerly Sec. 51-175). Appointment, salaries and removal of prosecutorial officials. (a)(1) On or before August 1, 1985, the Criminal Justice Commission shall appoint an administrative head of the Division of Criminal Justice whose title shall be Chief State's Attorney. On or before July 1, 1986, and every five years thereafter, the Criminal Justice Commission shall appoint an administrative head of the Division of Criminal Justice whose title shall be Chief State's Attorney. The appointment of a Chief State's Attorney by the Criminal Justice Commission shall be by an affirmative vote of a majority of the members of the commission.

(2) The term of office of the Chief State's Attorney shall be five years from July first in the year of appointment and until the appointment and qualification of a successor unless he is sooner removed by the Criminal Justice Commission, except that the term of office of the Chief State's Attorney appointed by the Criminal Justice Commission on or before August 1, 1985, shall expire June 30, 1986.

(3) Any vacancy in the position of the Chief State's Attorney arising from any cause shall be filled by appointment by the Criminal Justice Commission for the balance of the vacated term.

(4) The Chief State's Attorney and the deputy chief state's attorneys shall receive annual salaries as follows: (A) On or after July 1, 1984, and before July 1, 1985, the Chief State's Attorney, fifty-three thousand nine hundred thirty dollars; a deputy chief state's attorney, fifty-two thousand eight hundred ten dollars; (B) on or after July 1, 1985, the Chief State's Attorney, fifty-seven thousand two hundred dollars; a deputy chief state's attorney, fifty-six thousand dollars.

(5) For purposes of this subsection, “Criminal Justice Commission” means the members of the commission other than the Chief State's Attorney.

(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 Chief State's Attorney in his duties, and (ii) one deputy chief state's attorney who shall be appointed by the commission, as provided in subdivision (8) of this subsection, to serve as Inspector General in accordance with section 51-277e, who shall receive his or her prosecutorial powers as a designee of the Chief State's Attorney. 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, 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. The Chief State's Attorney shall notify the Criminal Justice Commission of any such promotion.

(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 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 years from July first and until the appointment and qualification of a successor unless sooner removed for just cause by the Criminal Justice Commission.

(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. The commission shall determine how many recommendations it shall require for each appointment.

(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.

(8) When any appointment of a deputy chief state's attorney to serve as Inspector General in accordance with section 51-277e is to be made, the commission shall make such appointment by majority vote. In the event that there is a tie vote for such appointment, the chairperson of the commission shall select the nominee from amongst the candidates in the tie position and said candidate shall be appointed to serve as Inspector General.

(1949 Rev., S. 7664; June, 1955, S. 3118d; 1963, P.A. 378; February, 1965, P.A. 464; 1967, P.A. 622, S. 1; 1972, P.A. 165, S. 5; 281, S. 20; June, 1972, P.A. 1, S. 20; P.A. 73-122, S. 4, 27; P.A. 74-183, S. 49, 291; P.A. 76-436, S. 565, 681; P.A. 77-292, S. 1, 3; 77-576, S. 22, 49, 65; P.A. 78-365, S. 10, 13; 78-377, S. 2, 4; 78-379, S. 8, 9, 27; P.A. 79-9; 79-608, S. 2, 3, 10; P.A. 80-337, S. 8, 9, 13; P.A. 81-419, S. 8; 81-472, S. 90, 159; P.A. 82-248, S. 135; 82-461, S. 6; P.A. 83-295, S. 7; June Sp. Sess. P.A. 83-25, S. 5, 9; June Sp. Sess. P.A. 83-29, S. 79, 82; June Sp. Sess. P.A. 83-35, S. 6, 7, 9; P.A. 84-379, S. 1–3; 84-406, S. 4, 13; 84-445; 84-546, S. 164, 165, 173; P.A. 85-440, S. 1, 6, 7; 85-613, S. 142, 154; P.A. 89-345, S. 2; P.A. 90-110, S. 1, 3; P.A. 98-197, S. 6, 8; P.A. 05-288, S. 174; P.A. 10-32, S. 147; July Sp. Sess. P.A. 20-1, S. 46; P.A. 21-8, S. 2.)

History: 1963 act increased number of assistant state's attorneys in Fairfield county from one to two; 1965 act increased number of assistant state's attorneys at New Haven from one to not more than four and in Hartford and Fairfield counties from two to not more than four and authorized appointment of assistant state's attorney at New London; 1967 act removed limits on number of assistant state's attorneys to be appointed, authorizing as many as courts' criminal business may require, added provisions re engaging in private practice, salaries and re partners', associates' and clerks' practice of law before court where attorney or clerk is engaged, and authorized chief court administrator rather than “presiding judge” of supreme court to make interim appointments; 1972 acts clarified applicability of provisions to judicial district of Waterbury, effective September 5, 1972, clarified applicability of provisions re part-time and full-time assistant state's attorneys and raised salary of state's attorneys from $24,000 to $26,500; P.A. 73-122 added provisions re chief state's attorney and deputy chief state's attorney, raised salary for state's attorneys to $31,000, raised deduction from salary from $5,000 to $10,000 where state's attorney elects to serve part-time, added provisions clarifying membership in state's attorneys' retirement fund or state employees retirement fund, increased term of office from two to four years for state's attorneys and assistant state's attorneys, transferred power to remove the various state's attorneys from office from chief justice of supreme court or chief court administrator to the judges of superior court and added provision that all categories of state's attorneys require officeholder to have been admitted to practice of law for at least three years; P.A. 74-183 replaced circuit court with court of common pleas, reflecting transfer of circuit court functions to common pleas court, effective December 31, 1974; Sec. 51-175 transferred to Sec. 51-278 in 1975; P.A. 76-436 divided section into Subsecs., reorganized and restated provisions, adding new provision designated as Subsec. (d) re deputy assistant state's attorneys and new provisions designated as Subsec. (i) re transfer of attorneys serving in common pleas courts to superior courts, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-292 referred to actions taken by executive committee of superior court judges; P.A. 77-576 substituted references to judicial districts for references to counties where necessary, raised chief state's attorney's salary from $33,000 to $37,000, deputy chief state's attorneys' salary from $32,000 to $36,000 and state's attorneys' salaries from $31,000 to $35,000, added reclassification provision re full-time assistant states' attorneys, changed salary group for deputy assistant state's attorneys from 28 to 26 and added reclassification provision, added provision in Subsec. (e) re election to be included in Secs. 51-49, 51-287 and 51-288 and added Subsec. (j) protecting salary levels of those currently serving, effective July 1, 1978; P.A. 78-365 added provision in Subsec. (d) re appointment of attorney to handle prosecutions of housing matters deemed to be criminal; P.A. 78-377 clarified effective date of P.A. 77-576 and 78-379; P.A. 78-379 substantially reorganized provisions and referred to authorized committee of judges rather than to executive committee of judges; P.A. 79-9 rephrased Subsec. (h) to remove requirement that assistant state's attorneys have been admitted to practice law for three years; P.A. 79-608 raised salary of chief state's attorney to $39,220, of deputy chief state's attorney to $38,160 and of state's attorneys to $37,100, effective January 1, 1980; P.A. 80-337 amended Subsec. (a) to add additional deputy chief state's attorney, to distinguish duties held by each and to add provision re salary increases to January 1, 1983, and amended Subsec. (c) to provide for salary increases to January 1, 1983; P.A. 81-419 amended Subsec. (b) to provide for the designation of a deputy assistant state's attorney to handle prosecutions of housing matters deemed to be criminal in the judicial district of New Haven; P.A. 81-472 made technical changes; P.A. 82-248 rephrased and reorganized section, deleted provisions requiring prosecutorial officials to serve full-time and prohibiting them from engaging in the private practice of law and reenacted such provisions in new Sec. 51-278a, deleted provisions concerning the qualifications for prosecutorial officials and reenacted such provisions in new Sec. 51-278a, deleted provisions concerning accounting for moneys received and reenacted such provisions in new Sec. 51-278b, deleted provisions concerning the continuation in service of prosecuting attorneys in the court of common pleas, and added provisions concerning expenses, formerly Sec. 51-178; P.A. 82-461 amended Subsec. (b) by providing for the designation of a deputy assistant state's attorney to prosecute housing matters in the Fairfield judicial district, and by providing that the deputy assistant state's attorneys designated for the New Haven and Fairfield judicial districts prosecute housing matters deemed to be criminal in the Waterbury and Stamford-Norwalk judicial districts, respectively; P.A. 83-295 amended Subsec. (b)(1) by providing that “assistant state's attorneys” may also handle prosecutions of housing matters deemed to be criminal; June Sp. Sess. P.A. 83-25 amended Subsec. (b)(1) to provide that two assistant state's attorneys or deputy assistant state's attorneys shall prosecute criminal housing matters in the New Haven judicial district, one at New Haven and one at Meriden, and to specify that the assistant or deputy assistant state's attorney for the judicial district of New Haven “at New Haven” shall prosecute criminal housing matters in the judicial district of Waterbury; June Sp. Sess. P.A. 83-29 increased salary of chief state's attorney to $50,880 and increased salary of deputy chief state's attorney to $49,820 in Subsec. (a)(5); June Sp. Sess. P.A. 83-35 amended Subsec. (a)(5) by raising salary of chief state's attorney to $50,880 and salary of a deputy chief state's attorney to $49,820, effective July 1, 1983, and raising salary of chief state's attorney to $54,000, effective July 1, 1984, and $57,200, effective July 1, 1985, and amended Subsec. (b)(2) by raising salary of a state's attorney to $48,760, effective July 1, 1983; P.A. 84-379 amended Subsec. (a)(5) to increase salary of chief state's attorney to $53,930 on or after July 1, 1984, and $57,200 on or after July 1, 1985, and of deputy chief state's attorney to $51,810 on or after July 1, 1984, and $56,000 on or after July 1, 1985, and amended Subsec. (b)(2) by increasing salary of each state's attorney to $51,685 on or after July 1, 1984, and $54,700 on or after July 1, 1985; P.A. 84-406, effective November 28, 1984, upon certification of the secretary of the state of the vote on constitutional amendment concerning appointment of state's attorneys, revised section, increasing term of office of chief state's attorney from four to five years, providing for appointment of two deputy chief state's attorneys, state's attorneys, assistant state's attorneys, and deputy assistant state's attorneys by the criminal justice commission, changing references to “judges” to “chief state's attorney” or “appropriate state's attorney”, providing that on and after July 1, 1985, salaries shall be determined in accordance with compensation plan approved by the department of administrative services, deleting provision re reimbursement of expenses of state's attorneys, providing for removal from office of state's attorneys for just cause and filling of vacancy by criminal justice commission and providing that each deputy chief state's attorney and state's attorney incumbent on the effective date of this act, i.e. November 28, 1984, shall serve for term for which he had been appointed; P.A. 84-445 amended Subsec. (b) by replacing provisions re the designation of assistant state's attorneys or deputy assistant state's attorneys to handle prosecutions of housing matters deemed to be criminal in certain judicial districts with provisions that the chief state's attorney shall designate at least three assistant state's attorneys or deputy assistant state's attorneys to handle such prosecutions in the state and that such attorneys should have a commitment to decent, safe and sanitary housing and, to the extent practicable, shall handle housing matters on a full-time basis; P.A. 84-546 made technical changes in Subsec. (a)(4) and Subsec. (b)(2); P.A. 85-440 amended Subsec. (a) by removing the appointment of the chief state's attorney from the chief justice's powers and making the criminal justice commission the appointing authority, and providing that the term of office of the chief state's attorney appointed on or before July 1, 1985, shall be one year and amended Subsec. (b) by providing that the two deputy chief state's attorneys are assistant administrative heads of the division, designating one as deputy chief state's attorney for operations and one as deputy chief state's attorney for personnel, finance and administration and providing for appointment and removal by the criminal justice commission; P.A. 85-613 amended Subsec. (a), changing date for appointment of chief state's attorney from July 1, 1985, to August 1, 1985, and adding provision that the term of office of chief state's attorney appointed on or before August 1, 1985, shall expire June 30, 1986; P.A. 89-345 amended Subsec. (b)(1)(B) by providing that commission shall appoint candidates recommended by appropriate state's attorney in each judicial district and that commission shall appoint candidates recommended by chief state's attorney to assist the chief state's attorney, added Subsec. (b)(1)(C) re promotion of assistant or deputy assistant state's attorney who assists chief state's attorney or any state's attorney, deleted obsolete salary provision in Subsec. (b)(2) and deleted provision re filling vacancy in Subsec. (b)(5); P.A. 90-110 amended Subsec. (b)(1)(B) to require at least one assistant state's attorney to be designated to handle prosecution of environmental matters deemed criminal; P.A. 98-197 added Subsec. (b)(4) re vesting for retirement purposes of each chief state's attorney, deputy chief state's attorney or state's attorney upon reappointment to any such office by the Criminal Justice Commission, renumbering former Subdivs. (4) to (6), inclusive, as (5) to (7), inclusive, effective July 1, 1998; P.A. 05-288 made a technical change in Subsec. (b)(4), effective July 13, 2005; P.A. 10-32 made a technical change in Subsec. (b)(1)(B), effective May 10, 2010; July Sp. Sess. P.A. 20-1 amended Subsec. (b)(1)(A) by designating existing language re appointment of two deputy chief state's attorneys for operations and personnel as Subpara. (A)(i), adding Subpara. (A)(ii) re deputy chief state's attorney who shall be nominated to serve as Inspector General and adding reference to Subpara. (A)(i), effective July 31, 2020; P.A. 21-8 amended Subsec. (b) by replacing “nominated” with “appointed”, adding reference to Subdiv. (8) and adding provision re Inspector General's prosecutorial powers in Subdiv. (1)(A)(ii), adding provision re notification of a promotion in Subdiv. (1)(C), adding provision re number of recommendations required per appointment in Subdiv. (6) and adding Subdiv. (8) re appointment of Inspector General, effective May 6, 2021.

Annotations to former section 51-175:

Terms of bond construed. 16 C. 528. Powers of state's attorney; may issue original information in Superior Court. 64 C. 212. Function of state's attorney in disbarment proceedings. 88 C. 448. Presumption that mandamus signed by assistant state's attorney was signed by him in accordance with the scope of his authority. 99 C. 219. State's attorney for judicial district of Waterbury holds a distinct office. 127 C. 576. Statements made by suspect during conference with state's attorney held not to be privileged. 147 C. 589. The state's attorney is an officer charged with important duties which are entirely consistent with the constitutional power of the judiciary and the appointment of the state's attorney by judges of the Superior Court. 164 C. 560. Assistant state's attorney has authority, pursuant to this section in conjunction with Sec. 54-47a, to make applications for immunity grants. 174 C. 16. Cited. 234 C. 539.

Duties of state's attorney discussed. 21 CS 246. Appointment of court personnel by judges of courts is constitutional. 28 CS 354. Defendants' contention that appointment of state's attorneys by judges of Superior Court is unconstitutional violation of separation of powers is without merit. Id., 366.

Annotations to present section:

Cited. 187 C. 6; 199 C. 667; 216 C. 523; 234 C. 539.

Sec. 51-278a. Qualifications of prosecutorial officials. Full-time duties. (a) The Chief State's Attorney, each deputy chief state's attorney and each state's attorney, assistant state's attorney and deputy assistant state's attorney shall, at the time of his or her appointment be an attorney-at-law and the Chief State's Attorney, each deputy chief state's attorney and each state's attorney shall have been admitted to the practice of law for at least three years.

(b) The Chief State's Attorney, each deputy chief state's attorney, and each state's attorney shall devote his or her full time to the duties of his or her office, shall not otherwise engage in the practice of law, shall not be a partner, member or associate of a law firm, and shall not be an elected officer of this state or any political subdivision thereof.

(c) Each assistant state's attorney and deputy assistant state's attorney appointed to serve on a full-time basis shall devote his or her full time to the duties of his or her office, shall not engage in the private practice of law, shall not be a partner, member or associate of a law firm, and shall not be an elected officer of this state. No part-time assistant state's attorney, no part-time deputy assistant state's attorney and no partner or associate of a law firm of which such attorney is a partner or associate may engage in the private practice of criminal law.

(P.A. 82-248, S. 136; P.A. 84-406, S. 5, 13; P.A. 22-111, S. 1.)

History: P.A. 84-406 amended Subsec. (a) by adding provision requiring deputy assistant state's attorneys to be attorneys-at-law at time of appointment, effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment concerning appointment of state's attorneys; P.A. 22-111 made technical changes throughout and added restrictions re elected officers in Subsecs. (b) and (c).

Cited. 234 C. 539.

Sec. 51-278b. Reprimand, suspension or removal of prosecutorial officials. Procedure. (a) Whenever the Criminal Justice Commission has reason to believe or is of the opinion that the Chief State's Attorney is guilty of misconduct, material neglect of duty or incompetence in the conduct of his or her office, it shall make such investigation as it deems proper, and shall prepare a statement in writing of the charges against such official summoning such official to appear before the commission at a date named and show cause why such official should not be reprimanded or suspended, with or without pay from such official's office, or removed from office. Such official shall have the right to appear with counsel and witnesses and be fully heard. If after full hearing of all evidence, the commission finds that the evidence warrants the reprimand, suspension or removal of such official, the commission shall make a written order to that effect. In the case of an order of removal of such official, the commission shall cause a copy of such order to be given to such official and shall also file a copy of such order with the Secretary of the State. Upon the filing of such copy with the Secretary of the State, the office held by such official shall become vacant, and the commission may thereupon proceed to fill such vacancy in the manner provided by law. For purposes of this subsection, “Criminal Justice Commission” means the members of the commission other than the Chief State's Attorney.

(b) No deputy chief state's attorney, state's attorney, assistant state's attorney or deputy assistant state's attorney may be removed from office except by order of the Criminal Justice Commission after due notice and hearing. A recommendation for removal from office may be initiated by the Chief State's Attorney or the appropriate state's attorney.

(c) The Criminal Justice Commission may discipline for just cause after due notice and hearing by reprimand, demotion or suspension with or without pay from his or her office up to fifteen days, a deputy chief state's attorney or state's attorney. A recommendation for discipline may be initiated by the Chief State's Attorney. The Chief State's Attorney may discipline any assistant state's attorney or deputy assistant state's attorney who assists him or her or the appropriate state's attorney may discipline any assistant state's attorney or deputy assistant state's attorney who assists him or her, for just cause after due notice and hearing by reprimand, demotion or suspension with or without pay from his or her office up to fifteen days.

(P.A. 82-248, S. 137; P.A. 84-406, S. 6, 13; P.A. 85-440, S. 2, 7; P.A. 89-345, S. 3; P.A. 22-111, S. 2.)

History: P.A. 84-406 deleted former provision re removal from office of chief state's attorney, deputy chief state's attorney, state's attorney, assistant state's attorney or deputy assistant state's attorney and added provision re removal from office of chief state's attorney by chief justice and judicial review council and removal from office or discipline of deputy chief state's attorney, state's attorney, assistant state's attorney and deputy assistant state's attorney by criminal justice commission, effective November 28, 1984, upon certification by secretary of state of the vote on constitutional amendment re state's attorneys; P.A. 85-440 deleted former provision re removal of chief state's attorney by the chief justice and provided procedure for removal by the criminal justice commission; P.A. 89-345 amended Subsec. (c) re discipline by chief state's attorney of assistant or deputy assistant state's attorney who assists chief state's attorney and discipline by state's attorney of assistant or deputy assistant state's attorney who assists such state's attorney; P.A. 22-111 made technical changes throughout and amended Subsec. (a) by adding language re reprimand or suspension and limiting the giving or filing of a copy of an order to an order of removal.

Cited. 234 C. 539.

Subsec. (b):

Failure to object to arbitration jurisdiction in trial for removal from office does not preserve issue for appeal. 74 CA 301.

Sec. 51-278c. Term of office of Chief State's Attorney incumbent on June 3, 1985. The Chief State's Attorney incumbent on June 3, 1985, shall serve the term for which he was appointed prior to November 28, 1984, which term shall expire June 30, 1985.

(P.A. 85-440, S. 5, 7; 85-613, S. 143, 154.)

History: P.A. 85-613 specified that incumbent's term expires June 30, 1985.

Sec. 51-279. Duties of Chief State's Attorney. Budget. (a) The Chief State's Attorney, with the advice of the Division of Criminal Justice Advisory Board under section 51-279a, shall administer, direct, supervise, coordinate and control the operations, activities and programs of the division as it shall apply to the Superior Court. He shall: (1) Establish such bureaus, divisions, facilities and offices, including an appellate unit, a racketeering and continuing criminal activities unit and a bond forfeiture unit, and select such professional, technical and other personnel, including chief inspectors, as he deems reasonably necessary for the efficient operation and discharge of the duties of the division, subject to the personnel policies and compensation plan established by the Department of Administrative Services; (2) adopt and enforce rules and regulations to carry out the purposes of this chapter; (3) establish guidelines, policies and procedures for the internal operation and administration of the division which shall be binding on all division personnel; (4) enter into contracts with consultants and such other persons as are necessary for the proper functioning of the office; (5) engage in long-range planning and review policy and legislation concerning the administration of criminal justice in the state and recommend needed changes and additions thereto; (6) collect statistical data concerning administration of criminal justice in the state and furnish the data to the appropriate committee of the General Assembly; (7) conduct research and evaluate programs within his office; (8) establish staff development, training and education programs designed to improve the quality of the division's services and programs; (9) coordinate the activities of the division with those of such other state, municipal, regional, federal and private agencies as are concerned with the administration of criminal justice; (10) be authorized to receive and administer funds from the federal government or any charitable foundation to assist in the operations of the division; (11) supervise, approve and issue all orders concerning all purchases of commodities, equipment and services for the Division of Criminal Justice; (12) supervise the administrative methods and systems employed in the Division of Criminal Justice; (13) submit to the Department of Administrative Services for its approval a compensation plan for all employees of the division, which plan may include sick leave, vacation leave, absences without pay, longevity payments, increments and all other matters regarding personnel policies and procedures; (14) establish with the approval of the Department of Administrative Services such job classifications as he deems necessary for the operation of the division; (15) audit bills to be paid from state appropriations for the expenses of the Division of Criminal Justice; (16) maintain adequate accounting and budgetary records for all appropriations by the state for the maintenance of the Division of Criminal Justice and all other appropriations assigned by the legislature or state budgetary control offices for administration by the Division of Criminal Justice; (17) serve as payroll officer for the Division of Criminal Justice; and (18) have such other powers and duties as are reasonably necessary to administer the division and implement the purposes of this chapter. He shall prepare and submit to the Office of Policy and Management estimates of appropriations necessary for the maintenance of the division and make recommendations with respect thereto for inclusion as a separate item in the budget request of the Division of Criminal Justice.

(b) The appropriation to the Division of Criminal Justice shall contain a separate budgetary allocation to the Division of Criminal Justice divided into the following parts: Personal services, other expenses and equipment. Expenses of or incurred by the division, including rental of facilities where not otherwise provided by the Commissioner of Administrative Services, and expenses of investigation and prosecution, including payment of witness fees of policemen and expenses of other witnesses summoned by the prosecution, costs of transcripts ordered from court reporters, costs of service of process and costs of extradition shall be paid from the budget of the division. Notwithstanding the provisions of section 4-87, or any other statute, no moneys appropriated for the maintenance and operation of the division may be transferred for use for any other purpose of the Division of Criminal Justice.

(P.A. 73-122, S. 5, 27; P.A. 74-183, S. 50, 291; P.A. 76-111, S. 8; 76-436, S. 568, 681; P.A. 77-614, S. 73, 610; P.A. 81-283, S. 2, 3; P.A. 82-248, S. 138; P.A. 84-406, S. 7, 13; P.A. 87-496, S. 106, 110; P.A. 89-345, S. 4; P.A. 94-164, S. 5, 8; P.A. 04-124, S. 1; P.A. 11-51, S. 44.)

History: P.A. 74-183 replaced circuit court with court of common pleas, reflecting transfer of circuit court functions to common pleas court, effective December 31, 1974; P.A. 76-111 substituted chief inspectors and inspectors for detectives in Subdiv. (1); P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of its functions to superior court, effective July 1, 1978; P.A. 77-614 replaced public works commissioner with commissioner of administrative services in provision re rental of facilities; P.A. 81-283 added provisions requiring chief state's attorney to administer federal funds, issue all orders re purchases of commodities, equipment and services, audit bills to be paid from state appropriations, maintain adequate accounting and budgetary records and serve as payroll officer, and substituted the office of the chief court administrator for the executive secretary for submission of estimates of necessary appropriations; P.A. 82-248 rephrased the section, replaced “executive secretary of the judicial department” or “executive secretary” with “office of the chief court administrator” and inserted Subsec. indicators; P.A. 84-406 amended Subsec. (a) by changing reference to compensation plan established “under section 51-12” to “by the department of administrative services” and providing that chief state's attorney provide the department of administrative services a compensation plan and job classifications for its approval, changing reference to data furnished to the “office of the chief court administrator” to “appropriate committee of the general assembly” and changing office to which budget request is submitted from chief court administrator to policy and management, amended Subsec. (b) to delete provision which had prohibited transfer of moneys appropriated for “other purposes” of judicial department for use by division and changed references to “judicial department” to “division of criminal justice” throughout section, effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment re state's attorneys; P.A. 87-496 substituted “public works” for “administrative services” commissioner in Subsec. (b); P.A. 89-345 amended Subsec. (a) by adding provision that chief state's attorney shall administer the division with the advice of the division of criminal justice advisory board, adding requirement that chief state's attorney establish an appellate unit, and deleted inspectors from list of personnel the chief state's attorney is authorized to select; P.A. 94-164 amended Subsec. (a) to require establishment of racketeering and continuing activities unit and bond forfeiture unit, effective July 1, 1994; P.A. 04-124 amended Subsec. (b) to require that expenses of “investigation” and “expenses” of other witnesses summoned by the prosecution be paid from the division's budget; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (b), effective July 1, 2011.

Sec. 51-279a. Division of Criminal Justice Advisory Board. Members. Duties. The Division of Criminal Justice Advisory Board is established, comprised of a nonvoting member designated by the Criminal Justice Commission, 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.

(P.A. 89-345, S. 7; P.A. 21-8, S. 3.)

History: P.A. 21-8 added provision re nonvoting member.

Sec. 51-279b. Racketeering unit. Bond forfeiture unit. Standards for compromise and settlement of forfeited bonds. (a) The Chief State's Attorney shall establish a racketeering and continuing criminal activities unit within the Division of Criminal Justice. Such unit shall be available for the investigation and prosecution of criminal matters including, but not limited to, the illegal purchase and sale of controlled substances, criminal activity by gangs, fraud, corruption, illegal gambling and the recruitment of persons to carry out such illegal activities.

(b) The Chief State's Attorney shall establish a bond forfeiture unit within the Division of Criminal Justice. Such unit shall be responsible for the collection, in the name of the state, and by suit when necessary, of all forfeited bonds payable to the state. Such unit may compromise and settle forfeited bonds for less than the amount thereof without regard to the expiration of any stay of forfeiture.

(c) The Chief State's Attorney shall develop uniform standards for the compromise and settlement of forfeited bonds. Such standards shall be applied on a state-wide basis.

(P.A. 94-164, S. 1–3, 8; P.A. 96-169, S. 18; July 21 Sp. Sess. P.A. 97-1, S. 1, 8.)

History: P.A. 96-169 amended Subsec. (d) to add the investigation and prosecution of vendor fraud in programs operated by the Department of Social Services as a purpose of the allocation of forfeited bonds (Revisor's note: The word “for” was added editorially by the Revisors before new language to conform added material to existing language); July 21 Sp. Sess. P.A. 97-1 deleted former Subsecs. (d) and (e) re allocation of funds collected as forfeited bonds, effective July 23, 1997, and applicable to fiscal year commencing July 1, 1997.

Sec. 51-279c. Training program for prosecuting attorneys. The Chief State's Attorney shall establish a formal training program for all newly-appointed prosecuting attorneys consisting of not less than five days and an ongoing training program for all prosecuting attorneys consisting of not less than two days each year. Such training programs shall commence January 1, 1998.

(P.A. 97-257, S. 11, 13; P.A. 02-89, S. 82.)

History: P.A. 97-257 effective July 1, 1997; P.A. 02-89 deleted as obsolete Subsec. (b) requiring the Chief State's Attorney to provide a copy of his plan for such training programs to the judiciary committee of the General Assembly not later than November 1, 1997.

Sec. 51-279d. Hate Crimes Advisory Committee. Section 51-279d is repealed, effective October 1, 2017.

(P.A. 00-72, S. 7, 12; P.A. 17-111, S. 9.)

Sec. 51-279e. Report on monetary recoveries achieved as a result of fraud investigations of medical assistance programs administered by the Department of Social Services. Section 51-279e is repealed, effective July 1, 2017.

(June 12 Sp. Sess. P.A. 12-1, S. 21; P.A. 17-87, S. 9.)

Sec. 51-279f. State-Wide Hate Crimes Advisory Council. (a) There shall be a State-Wide Hate Crimes Advisory Council within the Office of the Chief State's Attorney, for administrative purposes only. Members of the council shall include (1) the following, or their designees: The Chief State's Attorney; the Chief Public Defender; the Commissioner of Emergency Services and Public Protection; the president of the Connecticut Bar Association; the president of the George W. Crawford Black Bar Association; the president of the South Asian Bar Association of Connecticut; the president of the Connecticut Asian Pacific American Bar Association; the president of the Connecticut Hispanic Bar Association; and the president of the Connecticut Police Chiefs Association; (2) the head of the Hate Crimes Investigative Unit, established pursuant to subsection (d) of section 29-4; and (3) no more than thirty appointed by the Governor who are representatives of organizations committed to decreasing hate crimes, improving diversity awareness or representing the interests of groups within the state protected by sections 53a-181j to 53a-181l, inclusive.

(b) The Governor shall appoint two chairpersons of such council from among the members of the council.

(c) The council shall meet at least semiannually to encourage and coordinate programs to increase community awareness and reporting of hate crimes and to combat such crimes and make recommendations for any legislation concerning such crimes, including, but not limited to, recommendations concerning restitution for victims of such crimes, community service designed to remedy damage caused by any such crime or that is related to the commission of any such crime and additional alternative sentencing programs for first time offenders and juvenile offenders.

(d) Not later than October 1, 2018, and annually thereafter, the council shall report, in accordance with the provisions of section 11-4a, its recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.

(P.A. 17-111, S. 8; P.A. 22-9, S. 3.)

History: P.A. 22-9 amended Subsec. (a) by inserting new Subdiv. (2) re head of Hate Crimes Investigative Unit and redesignating existing Subdiv. (2) as Subdiv. (3), effective July 1, 2022.

See Sec. 4-38f for definition of “administrative purposes only”.

Sec. 51-280. Performance rating of state's attorneys. The Chief State's Attorney and each state's attorney shall biennially prepare a merit and performance rating for each state's attorney, assistant state's attorney and deputy assistant state's attorney and shall submit the biennial merit and performance rating conducted pursuant to the policy of the Division of Criminal Justice for each state's attorney to the Criminal Justice Commission for its consideration at the time for reappointing such attorneys to any new term or terms. As part of any such biennial merit and performance rating process, the commission may call a state's attorney before the commission for questions concerning any issue raised in a biennial merit and performance rating.

(P.A. 73-122, S. 22, 27; P.A. 76-436, S. 569, 681; P.A. 84-406, S. 8, 13; P.A. 21-8, S. 4.)

History: P.A. 76-436 deleted reference to prosecuting attorneys and assistant prosecuting attorneys and added reference to deputy assistant state's attorneys, effective July 1, 1978; P.A. 84-406 added provision that each state's attorney shall prepare a merit and performance rating and such rating shall be submitted to the criminal justice commission, effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment re state's attorneys; P.A. 21-8 added provisions making reviews biennial and pursuant to policy of the division and provision permitting commission to call a state's attorney before it for questions.

Cited. 217 C. 193.

Sec. 51-281. Jurisdiction of prosecutorial officials. The Chief State's Attorney and each deputy chief state's attorney, state's attorney, assistant state's attorney and deputy assistant state's attorney, including the deputy chief state's attorney acting as the Inspector General and any state's attorney, assistant state's attorney or deputy assistant state's attorney operating under the direction of the Office of the Inspector General established under section 51-277e, shall be qualified to act in any judicial district in the state and in connection with any matter regardless of the judicial district where the offense took place, and may be assigned to act in any judicial district at any time on designation by the Chief State's Attorney or the Inspector General, as applicable.

(P.A. 73-122, S. 23, 27; P.A. 76-436, S. 570, 681; P.A. 78-280, S. 1, 127; P.A. 84-406, S. 11, 13; P.A. 89-345, S. 5; July Sp. Sess. P.A. 20-1, S. 35.)

History: P.A. 76-436 included deputy assistant state's attorneys in purview of section and added references to judicial districts, effective July 1, 1978; P.A. 78-280 deleted references to counties; P.A. 84-406 added “deputy chief state's attorney”, effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment re state's attorneys; P.A. 89-345 added chief state's attorney as qualified to act in any judicial district in connection with any matter; July Sp. Sess. P.A. 20-1 added language re the Inspector General and attorneys operating under the direction of the Office of the Inspector General.

(1959, P.A. 28, S. 9; 1972, P.A. 281, S. 21; P.A. 73-122, S. 6, 7, 24, 27; P.A. 74-183, S. 51, 52, 169, 291; P.A. 76-436, S. 41, 571, 572, 681; P.A. 77-292, S. 2, 3.)

Sec. 51-285. Special prosecutors, special inspectors and special federal prosecutors. (a) The Chief State's Attorney may recommend to the Criminal Justice Commission for appointment by said commission special assistant state's attorneys, special deputy assistant state's attorneys and special inspectors on a contractual basis for a temporary period of time.

(b) Upon the request of the Attorney General, the Chief State's Attorney may designate any attorney requested by the Attorney General as a special assistant state's attorney to prosecute any criminal offense, except violations of titles 9, 14, 18, 29, 46a, 53 and 53a, chapters 420b and 420c of title 21a and sections 17b-97 and 17b-99. If such designation of any attorney is denied, the Chief State's Attorney shall state the reasons for such denial in writing.

(c) The Chief State's Attorney may designate any assistant state's attorney from the office of the Chief State's Attorney or any other assistant state's attorney on request of the appropriate state's attorney for appointment as a special assistant United States attorney to assist in the investigation and prosecution of specific criminal matters in federal court.

(P.A. 73-122, S. 9, 27; P.A. 76-436, S. 573, 681; P.A. 82-248, S. 139; P.A. 84-406, S. 9, 13; P.A. 00-3; Sept. Sp. Sess. P.A. 09-7, S. 129; P.A. 21-8, S. 5.)

History: P.A. 76-436 substituted special deputy assistant state's attorneys for special assistant prosecuting attorneys, effective July 1, 1978; P.A. 82-248 made minor grammatical correction; P.A. 84-406 changed “appropriate judges” to “chief state's attorney” and added provisions re designation of attorney requested by Attorney General as a special state's attorney and designation of assistant state's attorney as special assistant United States attorney, effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment re state's attorneys; P.A. 00-3 amended Subsec. (a) to authorize the appointment of special juvenile prosecutors and special inspectors and amended Subsec. (c) to make a technical change for purposes of gender neutrality; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a) to delete reference to special juvenile prosecutors, effective October 5, 2009; P.A. 21-8 amended Subsec. (a) to provide for appointments to be made by the commission rather than Chief State's Attorney.

Sec. 51-285a. Prosecutorial officials handling juvenile matters. (a) Within available appropriations, juvenile prosecutors employed by the Division of Criminal Justice on October 5, 2009, shall be deemed to have been appointed by the Criminal Justice Commission in accordance with section 51-278 and shall have and exercise all the powers and perform all the duties of an assistant state's attorney and have the same jurisdiction as an assistant state's attorney as provided in section 51-281.

(b) Within available appropriations, on and after October 5, 2009, any prosecutorial official assigned to handle juvenile matters in the criminal session of the Superior Court shall have been appointed by the Criminal Justice Commission in accordance with section 51-278.

(Sept. Sp. Sess. P.A. 09-7, S. 121.)

History: Sept. Sp. Sess. P.A. 09-7 effective October 5, 2009.

Sec. 51-286. Chief inspectors. Inspectors. Assistance of state and local police. (a) The Chief State's Attorney shall appoint four suitable persons to assist, on a state-wide basis, all the state's attorneys and whose title shall be chief inspector. The Chief State's Attorney shall appoint such inspectors as the criminal business of the office of the Chief State's Attorney, in the opinion of the Chief State's Attorney, may require, and each state's attorney may appoint such inspectors as the criminal business of the judicial district, in the opinion of the Chief State's Attorney, may require. Each inspector shall make investigations concerning criminal offenses which the Chief State's Attorney or the appropriate state's attorney may have reason to believe have been committed or which may be committed and to assist in all investigations and other matters pertaining to the criminal business of the office or the judicial district and in procuring evidence for the state in any criminal matter, provided, to the extent practicable, one of the inspectors appointed by the Chief State's Attorney shall investigate, and procure evidence in, environmental matters on a full-time basis.

(b) Any person so appointed shall have the same power of arrest within the state as has any officer of the state police. Any chief inspector or inspector may exercise any power, authority or privilege that may have been exercised by any county detective prior to July 1, 1973, or any chief detective or detective in the Division of Criminal Justice prior to October 1, 1976.

(c) The provisions of chapter 65 and chapter 66 pertaining to disability compensation and death benefits and retirement provisions shall remain in full force and effect as to chief inspectors and inspectors appointed under the provisions of this section.

(d) This section shall not be construed to limit the authority of the Division of Criminal Justice to require the assistance of state and local police departments in the investigation of any matter with which the division is concerned. If any such assistance is required, the Division of Criminal Justice shall have primacy concerning any such investigation, provided the state and local police shall maintain any investigatory authority provided by law. Any conflict between the Division of Criminal Justice and the state and local police with respect to any such investigation shall be resolved by the Chief State's Attorney.

(e) All state and local police, law enforcement and criminal justice agencies shall cooperate with the division in carrying out the provisions of this chapter and shall provide such information and assign such personnel as may be required.

(P.A. 73-122, S. 8, 27; P.A. 74-186, S. 5, 12; P.A. 76-111, S. 1; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-248, S. 140; P.A. 86-213, S. 1; 86-403, S. 119, 132; P.A. 89-345, S. 6; P.A. 90-110, S. 2, 3.)

History: P.A. 74-186 specified that chief detectives and detectives have powers exercised by county detectives prior to July 1, 1973; P.A. 76-111 amended section as necessary to replace chief detectives and detectives with chief inspectors and inspectors; P.A. 77-614 and 78-303 made state police department a division within the department of public safety, effective January 1, 1979, but did not change wording of section to reflect the change; P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 86-213 amended Subsec. (d) by adding provision re primacy of division of criminal justice and resolution of conflict between division of criminal justice and police re criminal investigation by chief state's attorney; P.A. 86-403 increased number of chief inspectors from three to four; P.A. 89-345 amended Subsec. (a) re appointment of inspectors, providing that the chief state's attorney shall appoint such inspectors as business in office of chief state's attorney shall require, and each state's attorney shall appoint such inspectors as the business of judicial district shall require; P.A. 90-110 amended Subsec. (a) to require that, to the extent practicable, one inspector handle environmental matters full-time.

Cited. 221 C. 300.

Cited. 42 CS 291.

Sec. 51-286a. (Formerly Sec. 51-164a). Duties and powers of prosecutorial officials. (a) Each state's attorney, assistant state's attorney and deputy assistant state's attorney shall diligently inquire after and make appropriate presentment and complaint to the Superior Court of all crimes and other criminal matters within the jurisdiction of the court or in which the court may proceed, whether committed before or after his appointment to office.

(b) Any such state's attorney may issue subpoenas for witnesses to be sworn before the court in criminal cases.

(1959, P.A. 28, S. 11; P.A. 74-183, S. 61, 291; P.A. 76-236; 76-436, S. 566, 581; P.A. 79-393; P.A. 82-248, S. 141; P.A. 83-279, S. 2, 4; P.A. 94-135, S. 2; 94-164, S. 4, 8; P.A. 05-248, S. 1.)

History: P.A. 74-183 replaced circuit court with court of common pleas reflecting transfer of circuit court functions to common pleas court, effective December 31, 1974; Sec. 51-256 transferred to Sec. 51-164a in 1975; P.A. 76-236 added proviso re compromise of forfeited bond; P.A. 76-436 replaced the various categories of prosecuting attorneys with categories of state's attorneys and court of common pleas with superior court, reflecting transfer of jurisdiction from common pleas court to superior court, effective July 1, 1978; Sec. 51-164a transferred to Sec. 51-286a in the 1977 Court Reorganization Supplement; P.A. 79-393 deleted requirement that court consent to state's attorney's compromise and settlement of bonds and specified that such compromise and settlement may be made “without regard to the expiration of any stay of forfeiture”; P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 83-279 amended Subsec. (b) by deleting a provision concerning the filing of a statement by a party seeking the compromise of a forfeited bond, added a new Subsec. (c) re the collection and compromising of certain fees and costs and redesignated former Subsec. (c) as Subsec. (d); P.A. 94-135 amended Subsec. (c) to authorize collection of surcharge imposed under Sec. 13b-70; P.A. 94-164 deleted former Subsec. (b) directing state's attorneys to collect forfeited bonds payable to the state and authorizing state's attorneys to compromise and settle forfeited bonds for less than the amount thereof and relettered remaining Subsecs., effective July 1, 1994; P.A. 05-248 deleted former Subsec. (b) that had required the collection and authorized the compromise and settlement of any fees imposed under Sec. 51-56a, any costs imposed under Sec. 54-143 or 54-143a and any surcharge imposed under Sec. 13b-70 and redesignated existing Subsec. (c) as Subsec. (b), effective July 1, 2005.

Cited. 197 C. 507; 204 C. 156.

Sec. 51-286b. Duties re housing matters. The assistant state's attorney or deputy assistant state's attorney assigned to handle housing matters may initiate prosecutions for violations of any state or municipal housing or health law, code or ordinance either upon the affidavit of an individual complainant or upon complaint from a state or municipal agency responsible for the enforcement of any law, code or ordinance concerning housing matters.

(P.A. 80-448, S. 7, 8; P.A. 83-295, S. 8.)

History: P.A. 83-295 applied provisions to assistant state's attorneys.

Sec. 51-286c. (Formerly Sec. 54-76). Employment of detectives for special investigation. The state's attorney for any judicial district may employ one or more detectives to investigate for the purpose of discovering the perpetrators of any crime committed within this state, whenever the penalty for such crime is capital punishment, life imprisonment without the possibility of release or life imprisonment. The expenses incurred in the employment of such detectives shall be paid from the State Treasury on an order from the state's attorney employing them.

(1949 Rev., S. 8784; P.A. 73-116, S. 6, 34; 73-667, S. 1, 2; P.A. 82-248, S. 142; 82-472, S. 138, 183; P.A. 12-5, S. 15.)

History: P.A. 73-116 added reference to judicial districts and substituted “Connecticut Correctional Institution, Somers” for “State Prison”; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; Sec. 54-76 transferred to Sec. 51-286c in 1981; P.A. 82-248 and 82-472 deleted “county or” before “judicial district”; P.A. 12-5 replaced provision re imprisonment in Connecticut Correctional Institution, Somers with provision re life imprisonment without possibility of release or life imprisonment, effective April 25, 2012.

Sec. 51-286d. Notification to families of certain victims of court proceedings. In any case in which a person has committed an offense, including any motor vehicle violation, which results in the death of another person, the state's attorney shall identify and notify a member of the immediate family of the victim or the next of kin of the victim, if any, of the arraignment of the person accused of the offense or violation. Such state's attorney shall provide information on the date, time and place of the arraignment and shall furnish the designated family member or next of kin with the name and telephone number of a person to contact for additional information or for information on the status of the case.

(P.A. 83-170.)

Sec. 51-286e. Notification of victims re judicial proceedings. (a) For the purposes of this section, “victim” includes the legal representative of the victim or a member of the deceased victim's immediate family.

(b) The state's attorney for a judicial district wherein an offense has been committed shall notify any victim of the offense, if such victim has requested notification and provided the state's attorney with a current address, of any judicial proceedings relating to the victim's case including (1) the arrest of the defendant, (2) the arraignment of the defendant, (3) the release of the defendant pending judicial proceedings, and (4) proceedings in the prosecution of the defendant, including the dismissal of the charges against the defendant, the entry of a nolle prosequi to the charges against the defendant, the entry of a plea of guilty by the defendant, and the trial and sentencing of the defendant.

(P.A. 85-566, S. 1; P.A. 12-114, S. 16.)

History: P.A. 12-114 amended Subsec. (b)(4) to require notice to victim of dismissal of charges or entry of a nolle prosequi of charges against defendant, and make technical changes.

See Sec. 54-91c re notification of victim wishing to make or submit statement prior to sentencing or acceptance of plea agreement.

See Sec. 54-91e re notification of victim through automated system prior to acceptance of plea agreement.

Description of information that is available to victim of crime committed by adult. 45 CS 315.

Sec. 51-286f. Transcript of certain sentencing hearings to be requested by prosecuting official and provided to Board of Pardons and Paroles. The prosecuting official in a criminal proceeding shall request on the record that a transcript be prepared of any sentencing hearing at which a defendant is sentenced to a definite, nonsuspended sentence of more than two years imprisonment. The Chief Court Administrator shall provide, in a format prescribed by the Chief Court Administrator, any such transcript to the Board of Pardons and Paroles.

(P.A. 97-257, S. 9, 13; P.A. 04-234, S. 2; Sept. Sp. Sess. P.A. 09-7, S. 135.)

History: P.A. 97-257 effective July 1, 1997; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; Sept. Sp. Sess. P.A. 09-7 required that request for a transcript be “on the record” and replaced requirement that prosecuting official cause a copy of the transcript to be delivered to Board of Pardons and Paroles with requirement that Chief Court Administrator provide, in a format prescribed by said administrator, any such transcript to said board, effective October 5, 2009.

Sec. 51-286g. (Formerly Sec. 54-227a). Transcript of criminal proceeding to be provided to victim upon request. Whenever a transcript of a criminal proceeding is prepared, the prosecuting official shall provide a copy of such transcript to any victim of the crime without charge upon request of such victim.

(P.A. 97-257, S. 10, 13.)

History: P.A. 97-257 effective July 1, 1997; Sec. 54-227a transferred to Sec. 51-286g in 2003.

Sec. 51-286h. Reports re human trafficking. (a) Not later than October 1, 2017, and annually thereafter, the Office of the Chief State's Attorney and each municipal chief of police shall report to the Trafficking in Persons Council, established pursuant to section 46a-170, on: (1) All participation in federal, state-wide or regional anti-human trafficking efforts, (2) the number of referrals received relating to allegations of human trafficking, (3) the criteria used when deciding whether to investigate allegations of human trafficking or initiate criminal proceedings related to human trafficking, (4) the coordination of efforts between the Office of the Chief State's Attorney and municipal police departments concerning human trafficking cases, (5) the nature of annual training provided by each state's attorney and municipal police department concerning human trafficking, (6) any obstacles to investigating human trafficking, (7) the number of investigations involving missing children, (8) the number of referrals received from the Department of Children and Families relating to human trafficking, and (9) the number of human trafficking cases referred for prosecution.

(b) In addition, the Office of the Chief State's Attorney shall include with such report (1) the number of human trafficking cases that resulted in convictions, and (2) the final disposition of all human trafficking cases, including those cases that were appealed. Data and information provided pursuant to this section shall be for the twelve-month period preceding the date of the report.

(P.A. 16-71, S. 2; P.A. 17-129, S. 1.)

History: P.A. 16-71 effective June 1, 2016; P.A. 17-129 amended Subsec. (a) to replace “2016” with “2017”, replace “each state's attorney” with “the Office of the Chief State's Attorney”, delete reference to Sec. 11-4a, replace reference to judiciary and children committees with reference to Trafficking in Persons Council, and replace “referrals made” with “referrals received” in Subdiv. (2), and made technical and conforming changes.

Sec. 51-286i. Pilot program to identify and track homeless, addicted and mentally ill persons entering criminal justice system. (a) The office of the Chief State's Attorney shall establish a pilot program to serve the geographical area courts for Hartford, New Haven, New London and Norwich in the judicial districts of Hartford, New Haven and New London in identifying and tracking the homeless, addicted or mentally ill persons entering the criminal justice system.

(b) The office of the state's attorney for each such judicial district shall screen cases in order to identify and track persons arrested who are homeless, drug addicted or mentally ill for intensive assistance, and shall refer such persons to diversion programs, counseling, treatment, housing assistance and reentry programs in an effort to stabilize such person and prevent future arrests of such person, provided the office shall retain the discretion to dispose of any case in any manner, with a focus on alternatives to incarceration and that the court shall maintain jurisdiction over the cases to ensure compliance with any ordered treatment or counseling.

(c) The Chief State's Attorney shall establish policies and procedures to implement the pilot program required by this section and, on or before February 1, 2019, shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with section 11-4a, concerning the implementation of the pilot program.

(P.A. 17-205, S. 1.)

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.

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.)

Sec. 51-286l. Training program on a uniform process for seeking juvenile detention orders. (a) The Chief State's Attorney shall develop, implement and update, as necessary, a training program on a uniform process for applying for and seeking the issuance of a detention order pursuant to section 46b-133. The Chief State's Attorney shall administer such program and any updated program to those persons required to complete such program pursuant to subsection (b) of this section in a manner and frequency determined by said administrator.

(b) Each prosecutorial official and peace officer, as defined in section 53a-3, except any judicial marshal or adult probation officer, shall complete the training program pursuant to subsection (a) of this section and as directed by the Chief State's Attorney.

(P.A. 22-115, S. 6.)

Sec. 51-286m. Reserved for future use.

Sec. 51-286n. Notification of Department of Public Health of conviction of licensed professionals of certain offenses relating to actual or suspected abuse of elderly, blind or disabled person or person with intellectual disability. (a) For the purposes of this section, “license” means a license, certificate or permit to engage in a profession issued by the Department of Public Health.

(b) Whenever a person holding a license is convicted of a violation of subsection (a) of section 17a-412, subsection (a) of section 17b-451 or section 53a-321, 53a-322 or 53a-323, the appropriate state's attorney or assistant state's attorney shall transmit a notice of conviction to the Department of Public Health.

(c) The Department of Public Health may suspend or revoke the license of such person for any period of time or permanently revoke such license, or take any other action authorized by section 19a-17, in the sole discretion of the department.

(P.A. 03-267, S. 10.)

Sec. 51-287. (Formerly Sec. 51-175a). Retirement of state's attorneys. Retirement salary. Credit for prior service. Return of contributions. (a) Each Chief State's Attorney, deputy chief state's attorney and state's attorney who elected under the provisions of section 51-278 to be included in the provisions of this section and who has attained the age of sixty-five or who attains the age of sixty-five while serving in office, and each such Chief State's Attorney, deputy chief state's attorney and state's attorney, who has attained the age of sixty and so elects or who so elects on attaining the age of sixty while so serving, shall receive annually as retirement salary, for each year he has served in any such office, one-tenth of two-thirds of the salary of the office which he held at the time of his retirement, as such salary may be changed from time to time; but in no event more than two-thirds of such salary.

(b) Each such attorney shall, for retirement purposes, be entitled to credit for any or all the prior years of service accrued by him on July 1, 1978, while serving in the office of (1) state's attorney, (2) assistant state's attorney, (3) public defender in the Superior Court, (4) prosecuting attorney in the Court of Common Pleas, (5) chief prosecuting attorney or deputy chief prosecuting attorney, prosecuting attorney or assistant prosecuting attorney in the Circuit Court, or (6) public defender or assistant public defender in the Circuit Court, provided such attorney shall pay to the Comptroller five per cent of the salary for his office for each prior year of service he claims for retirement credit. Each such attorney shall be entitled to have his retirement contributions to the state employees retirement system under chapter 66 or to the state's attorneys' retirement system under this section prior to July 1, 1973, credited toward the payment due for the prior year or years of service he claims for retirement credit hereunder.

(c) If any such attorney resigns or is removed from office before his retirement under this section, he shall be entitled to the return of all contributions made by him under section 51-278, without interest thereon, except that, if the attorney has completed at least ten years of service creditable under this section, he may, at his option, elect instead to receive a retirement income on a reduced actuarial basis, as determined by the Comptroller.

(d) For purposes of determining the retirement salary of each Chief State's Attorney, deputy chief state's attorney or state's attorney under subsection (a) of this section and the allowance payable to their surviving spouses under section 51-288, “salary of the office” shall be composed of the total of the following amounts: The annual salary of the office which he held at the time of his retirement, as such salary may be changed from time to time; and for each Chief State's Attorney, deputy chief state's attorney, and state's attorney to whom a longevity payment has been made or is due and payable, in each instance under section 51-287a, (1) one and one-half per cent of annual salary, as such salary may change from time to time, for those who have completed ten or more but less than fifteen years of service as a Chief State's Attorney, deputy chief state's attorney, state's attorney or assistant state's attorney, (2) three per cent of annual salary, as such salary may change from time to time, for those who have completed fifteen or more but less than twenty years of service as Chief State's Attorney, deputy chief state's attorney, state's attorney or assistant state's attorney, (3) four and one-half per cent of annual salary, as such salary may change from time to time, for those who have completed twenty or more but less than twenty-five years of service as a Chief State's Attorney, deputy chief state's attorney, state's attorney or assistant state's attorney, and (4) six per cent of annual salary, as such salary may change from time to time, for those who have completed twenty-five or more years of service as a Chief State's Attorney, deputy chief state's attorney, state's attorney or assistant state's attorney.

(e) Any such attorney who is retired under this section and who is appointed a judge shall not receive a retirement salary pursuant to this section during the period such retired attorney serves as a judge.

(1967, P.A. 622, S. 6; 1971, P.A. 71, S. 1; 677, S. 1; P.A. 73-122, S. 10, 27; P.A. 77-576, S. 50, 65; P.A. 78-342, S. 1; P.A. 82-248, S. 143; P.A. 84-399, S. 10, 17; P.A. 85-517, S. 4, 5; P.A. 94-164, S. 6, 8; P.A. 98-197, S. 7, 8.)

History: 1971 acts allowed state's attorneys credit for retirement for serving as public defender in superior court and clarified applicability by referring to state's attorneys in office on June 1, 1971, rather than to “incumbent” state's attorneys and clarifying reference to service accrued on July 1, 1967; P.A. 73-122 applied provisions to chief state's attorneys and deputy chief state's attorneys, updated applicable dates, allowed credit for service as defender or prosecutor in circuit court, added reference to prior option of contributing to state's attorneys' retirement system and added exception re retirement after 10 years' service at age 60; Sec. 51-175a transferred to Sec. 51-287 in 1975; P.A. 77-576 included “chief”, “deputy chief” and “assistant” prosecuting attorneys in Subdiv. (5); P.A. 78-342 removed minimum age requirement of 60 years in exception added by P.A. 73-122; P.A. 82-248 made minor technical changes and inserted Subsec. indicators; P.A. 84-399 added Subsec. (d) providing that determination of retirement salary, allowance payable to surviving spouses and definition of “salary of the office” shall include credit for longevity payments; P.A. 85-517 added Subsec. (e) prohibiting receipt of retirement salary by retired state's attorney during period such retired attorney serves as a judge; P.A. 94-164 amended Subsec. (b) to increase credit for prior years of certain service from service accrued on July 1, 1973, to service accrued on July 1, 1978, effective July 1, 1994; P.A. 98-197 amended Subsec. (d) by including service as an assistant state's attorney for longevity purposes, effective July 1, 1998.

See Sec. 5-190a re retirement credit.

See Sec. 51-49 re disability retirement.

Cited. 216 C. 523.

Sec. 51-287a. Longevity payments to Chief State's Attorney, deputy chief state's attorney and state's attorney. Each Chief State's Attorney, deputy chief state's attorney and state's attorney who has completed not less than ten years of service as a prosecutorial official, shall receive semiannual longevity payments based on such service completed as of the first day of July and the first day of January of each year, as follows:

(1) Each Chief State's Attorney, deputy chief state's attorney or state's attorney who has completed ten or more years but less than fifteen years of service shall receive one-quarter of three per cent of the annual salary of his office.

(2) Each Chief State's Attorney, deputy chief state's attorney or state's attorney who has completed fifteen or more years but less than twenty years of service shall receive one-half of three per cent of the annual salary of his office.

(3) Each Chief State's Attorney, deputy chief state's attorney or state's attorney who has completed twenty or more years but less than twenty-five years of service shall receive three-quarters of three per cent of the annual salary of his office.

(4) Each Chief State's Attorney, deputy chief state's attorney or state's attorney who has completed twenty-five or more years of service shall receive three per cent of the annual salary of his office.

(P.A. 84-399, S. 8, 17; P.A. 93-435, S. 24, 95.)

History: P.A. 93-435 made a technical change, effective June 28, 1993.

Sec. 51-287b. Deductions from longevity payment deposited in State's Attorneys' Retirement Fund. There shall be deducted and withheld from the longevity payable under section 51-287a to each Chief State's Attorney, deputy chief state's attorney and state's attorney who is included in the provisions of section 51-287 a sum equal to five per cent of the longevity payment. The sum deducted and withheld shall be deposited to the State's Attorneys' Retirement Fund.

(P.A. 84-399, S. 9, 17; P.A. 00-196, S. 37.)

History: P.A. 00-196 made a technical change.

Sec. 51-288. (Formerly Sec. 51-175b). Pension for widow of state's attorney. Each widow of a Chief State's Attorney, deputy chief state's attorney or state's attorney who elected under the provisions of section 51-278 to be included within the provisions of this section, if such attorney died while holding such office or after his retirement under section 51-49 or 51-287, shall receive, monthly, an allowance equal to thirty-three and one-third per cent of the salary of the office which her husband held at the time of his death or retirement, as such salary may be changed from time to time. If such attorney leaves no widow, or if she dies before the youngest child of such attorney reaches the age of eighteen, such pension shall be payable, until such child reaches the age of eighteen, to his guardian, for the support of such child and any other children of such attorney under the age of eighteen.

(1967, P.A. 622, S. 7; P.A. 73-122, S. 12, 27.)

History: P.A. 73-122 clarified applicability, substituting “chief state's attorney, deputy chief state's attorney or state's attorney who elected ... to be included within the provisions of this section” for “state's attorney”; Sec. 51-175b transferred to Sec. 51-288 in 1975.