SB 892 — AN ACT CONCERNING THE CRIMINAL JUSTICE COMMISSION, DIVISION OF CRIMINAL JUSTICE AND THE OFFICE OF THE INSPECTOR GENERAL.

892 concurrent action of both houses of the General Assembly, make another nomination for Inspector General.

sSB892(e) /A Filedeputy No.chief state's attorney nominated for the position of Inspector General by the Criminal Justice Commission shall serve as interim Inspector General pending appointment by the General Assembly.] [(f)] (c) An Inspector General may be removed or otherwise disciplined only in accordance with section 51-278b.

486 8 sSB892 File No.

486 (e) A deputy chief state's attorney nominated for the position of Inspector General by the Criminal Justice Commission shall serve as interim Inspector General pending appointment by the General Assembly.] [(f)] (c) An Inspector General may be removed or otherwise disciplined only in accordance with section 51-278b.

[(h)] (e) A chief of police of a municipality, the Commissioner of Emergency Services and Public ProtectionAct orNo. 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.

21-8 9 of 13 Substitute Senate Bill No.

892 [(h)] (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.

sSB892[(k) /The FileInspector No.General and any staff employed by the Office of the Inspector General, who is not in a bargaining unit established pursuant to sections 5-270 to 5-280, inclusive, shall, upon completion of employment with the office of the Inspector General be transferred back to the Division of Criminal Justice into a position equivalent or comparable to the position such person held in the division prior to being employed by the Office of the Inspector General.

486 9 sSB892 File No.

486 [(k) The Inspector General and any staff employed by the Office of the Inspector General, who is not in a bargaining unit established pursuant to sections 5-270 to 5-280, inclusive, shall, upon completion of employment with the office of the Inspector General be transferred back to the Division of Criminal Justice into a position equivalent or comparable to the position such person held in the division prior to being employed by the Office of the Inspector General.

(a)Public (1)Act WheneverNo. 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 [Inspector General shall investigate and determine] 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.

21-8 10 of 13 Substitute Senate Bill No.

892 (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 [Inspector General shall investigate and determine] 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.

(B) Except as provided under subdivision (1) of this subsection or subparagraph (A) of subdivision (2) of this subsection, whenever a sSB892person /dies Filein No.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 [a possible] criminal action, and, if so, refer such case to the [Division of Criminal Justice] Chief State's Attorney or state's attorney for potential prosecution.

486 10 sSB892 File No.

486 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 [a possible] criminal action, and, if so, refer such case to the [Division of Criminal Justice] Chief State's Attorney or state's attorney for potential prosecution.

(4)Public WheneverAct aNo. peace officer, in the performance of such officer's duties, uses physical force or deadly force upon another person and suchpersondiesasaresultthereof,theInspectorGeneralshallcomplete 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.

21-8 11 of 13 Substitute Senate Bill No.

892 (4) Whenever a peace officer, in the performance of such officer's duties, uses physical force or deadly force upon another person and suchpersondiesasaresultthereof,theInspectorGeneralshallcomplete 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 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 sSB892Public /Protection Fileor No.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.

486(c) 11The sSB892Office Fileof 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, [and any] or (2) Public Act No.

48621-8 Public12 Protection or the chief of police13 ofSubstitute suchSenate municipality,Bill asNo. 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)892 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, [and any] or (2) there was a failure 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.

ThisApproved actMay shall6, take2021 effectPublic asAct followsNo. and shall amend the following sections:

Section21-8 113 Octoberof 1,13 2021 51-275a Sec.

2 from passage 51-278(b) Sec.

3 October 1, 2021 51-279a Sec.

4 October 1, 2021 51-280 Sec.

5 October 1, 2021 51-285 Sec.

6 from passage 51-277e Sec.

7 from passage 51-277a JUD Joint Favorable Subst.

sSB892 / File No.

486 12 sSB892 File No.

486 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill makes procedural and technical changes to the Office of the Inspector General and does not result in a fiscal impact to the state or municipalities.

The Out Years State Impact:

None Municipal Impact:

None sSB892 / File No.

486 13 sSB892 File No.

486 OLR Bill Analysis sSB 892 AN ACT CONCERNING THE CRIMINAL JUSTICE COMMISSION, DIVISION OF CRIMINAL JUSTICE AND THE OFFICE OF THE INSPECTOR GENERAL.

SUMMARY Thisbillamendstheprocessfornominatingtheinspectorgeneraland restructures the Office of the Inspector General (OIG) by making it a separate, rather than an independent, office within the Division of Criminal Justice (DCJ).

By law, the inspector general investigates peace officers’ use of force and prosecutes cases to determine whether use of force was justified.

The bill requires the Criminal Justice Commission (CJC, see BACKGROUND) to appoint, rather than nominate, one deputy chiefstate’sattorneyto serve asinspector generalandeliminates General Assembly confirmation.

The bill amends the process for nominating CJC members by requiring a referralto theJudiciary Committee ratherthantheExecutive and Legislative Nominations Committee.

It also gives CJC more oversight of DCJ by, among other things, 1.

requiring the chief state’s attorney to notify CJC whenever there are certain promotions;

2.

allowing CJC to determine how many DCJ recommendations it must receive for each attorney appointment vacancy;

3.

adding a nonvoting member, that the CJC designates, to the Division of Criminal Justice Advisory Board;

4.

allowing CJC to call state’s attorneys before the commission for questions related to their merit and performance rating;

and sSB892 / File No.

486 14 sSB892 File No.

486 5.

amending how special state’s attorneys and prosecutors are appointed.

The bill also makes minor, technical, and conforming changes.

EFFECTIVE DATE:

October 1, 2021, except the provisions on the inspector general, promotions, and vacancies are effective upon passage.

INSPECTOR GENERAL PA 20-1, July Special Session, §§ 33 & 46, established OIG as an independent office within DCJ to, among other things, investigate peace officers’ use of force and prosecute cases to determine whether use of force was justified.

Appointment Under the bill, CJC must appoint, rather than nominate, one deputy chief state’s attorney to serve as inspector general, who receives his or her prosecutorial authority as the chief state’s attorney’s designee.

Under current law, the commission nominates, and the General Assembly confirms, the inspector general.

The bill eliminates the requirement for General Assembly confirmation.

Under the bill, CJC must make the inspector general appointment by majority vote.

If there is a tie, the commission chairperson must select the nominee from the candidates who are tied.

The bill requires the commission to make this appointment by October 1, 2021.

The bill specifies that the inspector general’s term begins July 1 in the year heor she is appointed.

It lasts for four years, unless the commission removes him or her sooner.

OIG The bill amends the structure of OIG, by making it a separate, rather than an independent, office within DCJ.

As under existing law, OIG must be at a location separate from the Office of the Chief State’s Attorney or any of the state’s attorneys for the judicial districts.

sSB892 / File No.

486 15 sSB892 File No.

486 Under thebill,theinspectorgeneralmay employ necessary stafffrom within the confines of any existing collective bargaining agreements.

Current law requires the inspector general to select staff only from DCJ staff.

The bill also eliminates the requirement that the inspector general and any OIG staff not in a state employee bargaining unit must be transferred back to DCJ upon completing employment with OIG.

Use of Force Investigations Current law requires the inspector general to investigate and determine whether a peace officer’s use of force was justified.

The bill instead requires DCJ to cause the investigation to be made and the inspector general to determine whether the use of force was justified.

Investigation or Prosecution Standard Under current law, the inspector general must investigate and determine whether a deceased person died as a result of criminal action while in the custody of a peace officer, law enforcement agency, or the Department of Correction.

The bill instead requires this if the person may have died as a result of criminal action while in custody.

Under current law, the inspector general must request law enforcement assistance when needed to determine the circumstances of an incident.

The bill instead requires the inspector general to seek assistance when needed to investigate and make a determination about an incident (i.e., a peace officer’s deadly use of force or when someone dies in custody).

Preliminary Status Report By law, the inspector general must complete a preliminary status report when officers use physical force that caused another’s death.

The bill also requires the inspector general to complete a preliminary status report when officers use deadly force on another.

As under existing law, the report must include the:

1.

deceased person’s name, gender, race, ethnicity and age;

sSB892 / File No.

486 16 sSB892 File No.

486 2.

date, time, and location of the injury causing the death;

3.

law enforcement agency involved;

4.

toxicology report status, if available;

and 5.

death certificate, if available.

Current law requires the report to be submit to the Judiciary and Public Safety and Security committees within five business days after the cause of death is available.

The bill specifies that the deadline is five business days after this information is available to the chief state’s attorney.

Final Report Under existing law, the inspector general must file a report with the chief state’s attorney at the conclusion of the investigation that includes, among other things, any future action OIG will take as a result of the incident.

The bill narrows this to any recommended future action for OIG to take.

CRIMINAL JUSTICE COMMISSION Nominations to Judiciary Committee Beginning October 1, 2021, the bill requires each of the governor’s CJC member nominations to be referred, without debate, to the Judiciary Committee instead of the Executive and Legislative Nominations Committee.

The Judiciary Committee must report on each appointment within 30 days after the referral.

Each General Assembly appointment of a CJC member must be by concurrent resolution.

Under the bill, any member serving on the commission on October 1, 2021, may continue to serve until his or her term expires.

Promotions By law, the chief state’s attorney may promote any assistant state’s attorney or deputy assistant state’s attorney who assists him.

The appropriate state’s attorney also may promote any assistant state’s attorney or deputy assistant state’s attorney who assists him or her in sSB892 / File No.

486 17 sSB892 File No.

486 the judicial district.

The bill requires the chief state’s attorney to notify CJC of any of these promotions.

Vacancies By law, when there is a vacancy within the Chief State’s Attorney’s Office or the office of a state’s attorney, CJC must make an appointment from various recommendations from these offices.

The bill requires CJC to determine how many recommendations it must require for each attorney appointment vacancy.

Division of Criminal Justice Advisory Board The bill adds a nonvoting member the CJC designates to the Division of Criminal Justice Advisory Board.

The board already includes the chief state’s attorney or his designee and the state’s attorney for each judicial district, or each attorney’s designee.

By law, the board must meet at least once a month to advise on statewide prosecutorial standards and guidelines and other policy matters, including peer review and conflict resolutions.

Merit and Performance Rating The bill requires that each state’s attorney’s merit and performance rating occur biennially and be conducted pursuant to the Division of Criminal Justice policy.

Current law does not specify the frequency of the ratings.

As under existing law, the chief state’s attorney or the state’s attorney preparing a rating must submit it to CJC for its consideration when reappointing an attorney to a new term.

The bill also allows CJC to call a state’s attorney before the commission for questions related to any issue raised in a biennial merit and performance rating.

Special State’s Attorneys and Prosecutors Under current law, the chief state’s attorney may appoint special assistant state’s attorneys, special deputy assistant state’s attorneys, and special inspectors on a contractual basis for a temporary period of time.

But under the bill, the chief state’s attorney instead may recommend to sSB892 / File No.

486 18 sSB892 File No.

486 CJC that it appoint these attorneys.

BACKGROUND Criminal Justice Commission The state constitution (art.

IV, § 27) establishes the Criminal Justice Commission and charges it with appointing a state’s attorney for each judicial district and other attorneys as prescribed by law.

It consists of sevenmembers:

the chiefstate'sattorney andsix membersappointed by the governor and confirmed by the General Assembly.

Two of the appointed members must be Superior Court judges.

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 36 Nay 0 (03/29/2021) sSB892 / File No.

486 19