SB 880 — AN ACT INCREASING FAIRNESS AND TRANSPARENCY IN THE CRIMINAL JUSTICE SYSTEM.

General Assembly Governor'sSubstitute Bill No.

880 January Session, 2019 LCOAN No.ACT INCREASING FAIRNESS AND TRANSPARENCY IN THE CRIMINAL JUSTICE SYSTEM.

4526 Referred to Committee on JUDICIARY Introduced by:

SEN.

LOONEY, 11 Dist.

SEN.

DUFF, 25 Dist.

REP.

ARESIMOWICZ, 30 Dist.

st REP.

RITTER M., 1 Dist.

AN ACT INCREASING FAIRNESS AND TRANSPARENCY IN THE CRIMINAL JUSTICE SYSTEM.

(NEW) (Effective July 1, 2019) (a) Not later than July 1, 2020, and annually thereafter, the Office of Policy and Management shall make a presentation to the Criminal Justice Commission, established under section 51-275a of the general statutes, on existing prosecutorial datadata, relatingand report such presentation in accordance with the provisions of section 11-4a of the general statutes to the previouschairpersons calendarand year,ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and make such presentation publicly available on the Internet web site of the Office of Policy and Management.

(b) Not later than February 1, 2021, and annually thereafter, the Division of Criminal Justice, in consultation with the Judicial Branch, the Department of Correction and the Criminal Justice Information LCOSystem No.Governing Board, established under section 54-142 of the general statutes, shall provide to the Office of Policy and Management data collected under section 2 of this act for the previous calendar year.

4526LCO 1\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00880-R01 of 64 Governor'sSB.docx Substitute Bill No.880No. System Governing Board, established under section 54-142 of the general statutes, shall provide to the Office of Policy and Management data collected under section 2 of this act for the previous calendar year.

880 Sec.

(NEW) (Effective July 1, 2019) (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 of the general statutes, shall collect data for the purposes of section 1 of this act 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 (4),(13), inclusive, of this subsection, as follows:

(1) DisaggregatedArrests, including data ason itcitations, relatessummonses, tocustody eacharrests, defendantwarrants inand criminalon-site casesarrests; as follows:

(A)(2) DemographicArraignments data,of including,individuals butin notcustody; limited to, the defendant's race or ethnicity and gender;

(B)(3) TheContinuances; age of the defendant, and if the defendant is under eighteen years of age, whether the defendant's case was (i) on the regular criminal docket of the Superior Court, or (ii) under the jurisdiction of the juvenile court;

(C)(4) TheDiversionary zipprograms, codeincluding 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 defendant'sfirst primaryof residence;the month;

(D)(5) TheContact primarybetween languagevictims ofand theprosecutorial defendant,officials, ifincluding known;data on cases involving victims;

and(6) (E)Dispositions, Whetherincluding theredata ison apending courtcases findingand thatcases thedisposed defendantof; is indigent pursuant to section 51-297 of the general statutes.

(2)(7) DisaggregatedNonjudicial sanctions, including data ason itnonjudicial relatessanctions toapplied, eachsuccessful defendantcompletion forof eachnonjudicial allegedsanctions, offensefailure of nonjudicial sanctions and anypersons courton proceedingsnonjudicial associatedsanction withstatus suchon allegedthe offensefirst asof follows:the month;

(A)(8) EachPlea chargeagreements, broughtincluding againstdata theon defendant,total whetherplea theagreements, caseagreements involvesinvolving aprobation, (i)agreements misdemeanorinvolving offense,prison, (ii)other felonyagreements offense, or (iii) both, and inprosecutor's thelast casebest ofoffer; a drug-related charge, the drug type and amount associated with each such charge;

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00882 of 4 R02-SB.docx } Substitute Bill No.

4526880 2(9) ofCases 6going Governor'sto Billtrial, No.880including (B)data Theon datecases ofadded anyper allegedmonth, offensepending andtrial cases, plea offers accepted by the municipalitycourt inper whichmonth, suchplea allegedoffers offenserejected occurred;by the court per month, disposition by trial, disposition involving probation, disposition involving prison and other dispositions;

(C)(10) TheDemographics, dateincluding (i)data the defendant was taken into custody by a law enforcement agency or is issued a notice to appear on arace, criminalsex, charge,ethnicity and (ii)age; of the arraignment for each such charge;

(D)(11) TheCourt attorneyfees assignmentor datefines, including those imposed by the court at the disposition of the defendant's case and attorneyany withdrawaloutstanding date,balance ifthe applicable;defendant may have on such fees or fines;

(E)(12) TheRestitution dateamounts ordered pursuant to subsection (c) of eachsection court53a-28 appearanceof the general statutes, including any amount collected by the defendantcourt beforeand dispositionany ofamount thepaid defendant'sto case;a victim;

and (F)(13) The datezip thecode defendant's case was disposed of by the court.defendant's primary residence.

(3)(b) DisaggregatedNo datainformation ascollected itunder isthis relatessection tothat eachpersonally defendantidentifies fora eachvictim allegedmay offensebe relateddisclosed tounder bailsection or1 bondof andthis otheract. pretrial release determinations, including, but not limited to, the following:

(A) Pretrial release determinations made at an arraignment hearing, including all monetary and nonmonetary conditions of release and any modifications to such conditions of release;

(B) Cash bail or bond payment, including whether the defendant utilized a professional bondsman licensed under chapter 533 of the general statutes, or a surety bail bond agent, licensed under chapter 700f of the general statutes, to post a surety bond;

(C) The date the defendant was released on bail or bond or under some other condition of pretrial release;

(D) Any bail or bond or other condition of pretrial release revocation due to a new offense, a failure to appear or a violation of the terms of bail or bond or other conditions of pretrial release;

(E) A state's attorney recommendations, if any, concerning the setting or revocation of bail or bond or other pretrial release conditions, if any;

and LCO No.

4526 3 of 6 Governor's Bill No.880 (F) Any reason pretrial release was not granted, if applicable.

(4) Disaggregated data as it relates to the sentencing of each defendant including, but not limited to, the following: