SB 402 — AN ACT ESTABLISHING A DEPARTMENT OF CIVILIAN JUSTICE.

(NEW) (Effective January 1, 2020) (a) Any police officer may file a complaint with the department alleging misconduct by another police officer in the performance of the officer's duties in violation of any provision of the general statutes, a regulation or a policy of the employing agency.

A complainant need not be a witness to or victim of the alleged misconduct.

(b) The department's investigative unit shall investigate all complaints received under this section.

An investigator shall complete an initial investigation within fourteen days of receiving a complaint.

After such initial investigation, the deputy commissioner for investigative operations shall:

(1) Dismiss a complaint:

(A) For failure to state a claim within the department's jurisdiction;

(B) as untimely, if it involves an incident that occurred more than six months prior to the complaint's filing date and no factors exist to excuse the delay in filing;

(C) as frivolous, vexatious or made in bad faith;

or (D) as more appropriate for another agency to investigate and resolve;

LCO No.

6156 4 of 13 Committee Bill No.402 (2) Suspend the investigation of a complaint pending the outcome of a criminal investigation or an investigation under section 51-277a of the general statutes;

(3) Refer a complaint to the relevant employing agency for investigation and resolution;

or (4) Order the investigation of the complaint to continue.

(c) The department shall inform the complainant, subject of the complaint and employing agency of the determination under subsection (b) of this section and the reasons for the determination.

(d) (1) If the deputy commissioner for investigative operations orders the investigation to continue pursuant to subdivision (4) of subsection (b) of this section, the complaint investigator resumes the investigation and the complaint is placed on the docket of the adjudicatory unit before a hearing officer.

(2) The department may resolve a complaint at any stage through informal discussions with the complainant and subject of the complaint, if the complaint alleges misconduct that is not of a serious nature.

(3) An investigator may require the production of documents, data, information or other things relevant to the investigation.

Employing agency personnel shall provide reasonable assistance to the investigator, including as necessary to allow the investigator to understand the document, data, information or other thing that is relevant to the investigation.

Sec.

4.

(NEW) (Effective January 1, 2020) (a) Not later than thirty days after a complaint is filed pursuant to section 3 of this act, a hearing officer within the adjudicatory unit shall hold a hearing on the complaint to determine whether there is probable cause that a police officer committed misconduct in violation of any provision of the general statutes, a regulation or a policy of the employing agency.

LCO No.

6156 5 of 13 Committee Bill No.402 (b) If the hearing officer does not find probable cause, the hearing officer shall dismiss the complaint and inform the complainant, subject of the complaint and employing agency of the determination.

(c) If the hearing officer finds probable cause, the case proceeds as a contested case in accordance with chapter 54 of the general statutes.

Sec.

5.

(NEW) (Effective January 1, 2020) (a) Upon the refusal of a person to comply with any subpoena issued pursuant to a department investigation or adjudication or to testify with respect to any matter upon which that person may be lawfully interrogated, the superior court for the judicial district of Hartford, on application of the department, may issue an order requiring such person to comply with such subpoena or to testify, as the case may be.

Any person who fails to obey such order of the court may be punished by the court as for contempt thereof.

(b) To the extent that the department is involved in the investigation of alleged criminal violations of any provision of the general statutes by a police officer in the performance of the officer's duties, the department shall be deemed a law enforcement agency for purposes of subdivision (3) of subsection (b) of section 1-210 of the general statutes, provided nothing in this section shall be construed to exempt the department in any other respect from the requirements of the Freedom of Information Act, as defined in section 1-200 of the general statutes.

Sec.

6.

(NEW) (Effective January 1, 2020) (a) If a hearing officer finds that a police officer committed misconduct in performance of the officer's duties in violation of any provision of the general statutes, a regulation or a policy of the employing agency, the hearing officer may:

(1) Order the police officer dismissed from employment at the officer's employing agency;

(2) Order the police officer dismissed from employment at the LCO No.

6156 6 of 13 Committee Bill No.402 officer's employing agency in seven days unless the officer resigns;

(3) Order the police officer to be demoted by the officer's employing agency, in a manner and for a period as specified in the order;

(4) Order the police officer suspended, with or without pay, for up to thirty days as specified in the order;

(5) Order the police officer to forfeit up to three days of pay;

(6) Order any combination of discipline as described in subdivisions (3), (4) and (5) of this subsection;

(7) Reprimand the police officer, orally or in writing;

(8) Order the police officer to attend counseling, a treatment program, additional training or any other relevant program or activity;

or (9) Order any combination of discipline as described in subdivisions (7) and (8) of this subsection.

(b) The department's authority to impose discipline on a police officer shall be in addition to the authority of an employing agency, licensing authority or other entity with authority over such person under the general statutes, regulations, policies or a collective bargaining agreement.

(c) If a police officer is dismissed pursuant to an order of the department or resigns pending dismissal, the officer shall be prohibited from employment as a police officer for five years following the date of dismissal or resignation, or as provided in section 7-291c of the general statutes if the officer committed malfeasance or serious misconduct calling into question the officer's fitness to serve as a police officer as provided in said section.

(d) If a police officer who is the subject of a complaint resigns before proceedings on such complaint conclude, the department shall LCO No.

6156 7 of 13 Committee Bill No.402 terminate the proceedings.

The department shall reinstate the proceedings if the person is reemployed as a police officer within five years following the date of the person's resignation, or at any time if the officer is alleged to have committed malfeasance or serious misconduct calling into question the officer's fitness to serve as a police officer, as defined in section 7-291c of the general statutes.

(e) Upon the refusal of any person to comply with an order of the department issued pursuant to this section, the superior court for the judicial district of Hartford, on application of the department, may issue a further order to comply.

Any person who fails to obey such further order may be punished by the court as for contempt thereof.

(f) The department may initiate or refer to an employing agency a complaint that any police officer obstructed a department investigation or adjudicatory proceeding or retaliated against a person for filing a complaint with the department.

(g) If the department's investigation of a complaint identifies an issue of a systemic nature in an employing agency, the department may make recommendations to the agency to address the issue, refer the matter to the Chief State's Attorney for a criminal investigation or submit recommendations to the General Assembly for legislative changes to address the issue.

(h) The department shall publish all decisions on complaints on the department's Internet web site.

Sec.

7.

(NEW) (Effective January 1, 2020) (a) If a police officer files a complaint with an employing agency or the department refers a complaint to the employing agency, the employing agency shall inform the officer of the role of the department and its complaint process under the provisions of sections 1 to 9, inclusive, of this act.

The employing agency shall conduct an investigation of such complaint.

If the employing agency determines that the department could better investigate the complaint or the employing agency cannot LCO No.

6156 8 of 13 Committee Bill No.402 resolve the complaint within thirty days of filing, the employing agency shall forward the complaint to the department.

If the employing agency investigates and resolves a complaint and the officer who filed the complaint is not satisfied with the resolution, the officer may refile the complaint with the department.

(b) An employing agency shall report to the department on the outcome of each complaint received from a police officer by the employing agency.

Sec.

8.

(NEW) (Effective January 1, 2020) (a) The department shall make information about its complaint process available to the public, including on its Internet web site.

The department shall conduct outreach activities and assist police officers and employing agency personnel in understanding the complaint process.

(b) Not later than January 1, 2021, and annually thereafter, the department shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security.

Such report shall include a description of the department's activities in the past year and data on complaints received and their disposition.

Sec.

9.

(NEW) (Effective January 1, 2020) (a) The provisions of sections 2 to 8, inclusive, of this act shall not be applicable to any police officer who is covered by a collective bargaining agreement that (1) governs the investigation and discipline of such person, and (2) is in effect on January 1, 2020.

(b) Any collective bargaining agreement covering a police officer that is entered into, amended, revised or renewed after January 1, 2020, shall contain a provision incorporating the provisions of sections 2 to 8, inclusive, of this act governing the investigation and discipline of such persons and may not alter such provisions.

LCO No.

6156 9 of 13 Committee Bill No.402 Sec.

10.

Section 4-5 of the general statutes, as amended by section 3 of public act 18-91, is repealed and the following is substituted in lieu thereof (Effective January 1, 2020):

As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner on Aging, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Services and Public Protection, Commissioner of Energy and Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Commissioner of Mental Health and Addiction Services, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Veterans Affairs, Commissioner of Housing, Commissioner of Rehabilitation Services, the Commissioner of Early Childhood, the Commissioner of Civilian Justice, the executive director of the Office of Military Affairs, and the executive director of the Office of Health Strategy.

As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.

Sec.

11.

Section 4-5 of the general statutes, as amended by section 6 of public act 17-237, section 279 of public act 17-2 of the June special session and section 20 of public act 18-182, is repealed and the following is substituted in lieu thereof (Effective July 1, 2020):

As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of LCO No.

6156 10 of 13 Committee Bill No.402 Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Services and Public Protection, Commissioner of Energy and Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Commissioner of Mental Health and Addiction Services, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Veterans Affairs, Commissioner of Housing, Commissioner of Rehabilitation Services, the Commissioner of Early Childhood, the Commissioner of Civilian Justice, the executive director of the Office of Military Affairs and the executive director of the Technical Education and Career System.

As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.

Sec.

12.

Section 4-38c of the general statutes, as amended by section 13 of public act 18-169, is repealed and the following is substituted in lieu thereof (Effective January 1, 2020):

There shall be within the executive branch of state government the following departments:

Office of Policy and Management, Department of Administrative Services, Department on Aging, Department of Revenue Services, Department of Banking, Department of Agriculture, Department of Children and Families, Department of Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Services and Public Protection, Department of Energy and Environmental Protection, Department of Public Health, Board of Regents for Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Social Services, Department of Rehabilitation Services, Department of Transportation, Department of Motor Vehicles, [and] Department of Veterans Affairs and Department of Civilian Justice.

LCO No.

6156 11 of 13 Committee Bill No.

402 Sec.

13.

Section 4-38c of the general statutes, as amended by section 7 of public act 17-237, section 287 of public act 17-2 of the June special session and section 21 of public act 18-182, is repealed and the following is substituted in lieu thereof (Effective July 1, 2020):

There shall be within the executive branch of state government the following departments:

Office of Policy and Management, Department of Administrative Services, Department of Revenue Services, Department of Banking, Department of Agriculture, Department of Children and Families, Department of Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Services and Public Protection, Department of Energy and Environmental Protection, Department of Public Health, Board of Regents for Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Social Services, Department of Transportation, Department of Motor Vehicles, Department of Veterans Affairs, Department of Civilian Justice and the Technical Education and Career System.

This act shall take effect as follows and shall amend the following sections:

Section 1 January 1, 2020 New section Sec.

2 January 1, 2020 New section Sec.

3 January 1, 2020 New section Sec.

4 January 1, 2020 New section Sec.

5 January 1, 2020 New section Sec.

6 January 1, 2020 New section January 1, 2020 Sec.

7 New section Sec.

8 January 1, 2020 New section Sec.

9 January 1, 2020 New section Sec.

10 January 1, 2020 4-5 Sec.

11 July 1, 2020 4-5 Sec.

12 January 1, 2020 4-38c Sec.

13 July 1, 2020 4-38c LCO No.

6156 12 of 13 Committee Bill No.

402 Statement of Purpose:

To establish a Department of Civilian Justice to receive and investigate complaints from a police officer alleging misconduct by another police officer in the performance of the officer's duties.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:

SEN.

BRADLEY, 23rd Dist.

S.B.

402 LCO No.

6156 13 of 13