SB 307 — AN ACT CONCERNING PROSECUTORIAL ACCOUNTABILITY.

(A)(7) FactorsUniform forprosecutorial recommendingethics terminationstandards ofin post-sentenceaddition supervisedto orthe conditionalethical release;standards pertaining to all attorneys, including:

(B)Factorsfor(A) recommendingAdoption pardonsandotherof post-sentencea relief;comprehensive code of ethics for state's attorneys, deputy assistant state's attorneys, assistant state's attorneys, senior assistant state's attorneys, supervisory assistant state's attorneys and any other prosecuting attorneys in accordance with national best practices;

and (C) The process for review of convictions and sentences challenged as unlawful;

(5) Compliance with and enforcement of the state constitutional rights of victims;

(6) Case management and staffing, including transfer, continuance and staffing standards;

LCO No.

2371 6 of 18 Raised Bill No.307 (7) The use of a grand jury for investigations;

(8) Circumstances and procedures for deviating from the policies created by the advisory board pursuant to this subsection;

(9) A uniform assessment tool for conducting annual performance evaluations for all deputy assistant state's attorneys, assistant state's attorneys, senior assistant state's attorneys, supervisory assistant state's attorneys and any other prosecuting attorneys;

and (10) Uniform prosecutorial ethics standards in addition to those pertaining to all attorneys, including:

(A) Adoption of a comprehensive code of ethics for state's attorneys in accordance with national best practices;

and (C) Adoption of a process for tracking, monitoring and correcting ethical complaints against or ethical violations by prosecuting attorneys within the state's attorney's judicial district;

and (11)(8) Any other rulesissues the advisory board deems necessarynecessary. for the conduct of its internal affairs.

(b) Not later than sixtyFebruary days1, after2024, the advisoryDivision boardof hasCriminal developedJustice uniformAdvisory Board shall report on its recommended policies indeveloped accordancepursuant withto subsection (a) of this section, but in noaccordance eventwith afterthe Augustprovisions 15,of 2023,section the11-4a members of the Criminalgeneral Justicestatutes, Commissionto shall review and approve the uniformjoint policiesstanding developedcommittee byof the advisoryGeneral board,Assembly ifhaving suchcognizance policies address each subdivision of subsectionmatters (a)relating ofto thisthe section.judiciary.

If the commission determines that such policiesdo not addressoneor more subdivisionsofsubsection(a) ofthis section, the commission shall submit a written report to the advisory board detailing which subdivisions of subsection (a) of this section need to be addressed in revised uniform policies.

The advisory board shall revise the uniform policies to address each such subdivision and shall LCO No.

2371 7 of 18 Raised Bill No.307 submit the revised uniform policies to the commission not later than ten days after receipt of such written report.

Not later than thirty days after receipt of such revised uniform policies, the commission shall review and approve the revised uniform policies if such policies address each subdivision of subsection (a) of this section.

If such revised uniform policies do not address each subdivision of subsection (a) of this section, the commission shall submit a written report to the advisory board and the advisory board shall further revise the uniform policies, in accordance with the provisions of this subsection.

(c) Upon approval of the policies by the Criminal Justice Commission pursuant to subsection (b) of this section, the advisory board shall vote to adopt the uniform polices on or before November 1, 2023.

Upon adoption of the uniform policies and not later than November 1, 2023, the advisory board shall post the adopted uniform policies on the Division of Criminal Justice's Internet web site.

(d)(1)Notlaterthanfiveyearsaftertheinitialadoptionofthepolicies approved pursuant to subsection (b) of this section, and every five years thereafter, the advisory board shall:

(A) Review the policies;

(B) Post on the Division of Criminal Justice's Internet web site notices concerning the time, date and place of any meeting of the advisory board for the purpose of making revisions to the uniform policies;

(C) Hold a public meeting with opportunity for public testimony regarding the review or revision of uniform policies;

and (D) Revise uniform policies, if necessary.

(2) Upon any such revisions, the advisory board shall submit such revised uniform policies to the Criminal Justice Commission, which shall review the revised uniform policies and approve such revised uniform policies in accordance with subsection (b) of this section.

Not later than thirty days after such approval by the commission, the LCO No.

2371 8 of 18 Raised Bill No.307 advisory board shall vote to adopt the uniform policies.

Not later than thirty days after the adoption of such revised uniform policies, the advisory board shall post the adopted revised uniform policies on the Division of Criminal Justice's Internet web site.

(e) The advisory board shall meet at least quarterly to review the policies adopted pursuant to subsection (b) of this section and to advise on other standards, guidelines and policy matters.

(f) Each state's attorney shall adopt and make available to the prosecuting attorneys within the state's attorney's judicial district the uniform policies adopted in accordance with subsection (c) of this section not later than November 1, 2023.

Each state's attorney shall implement the policies within that judicial district and direct all prosecuting attorneys within the judicial district to comply with such policies.

Each state's attorney shall adopt and implement any revision to the policies adopted in accordance with subsection (d) of this section.

(g) The advisory board shall establish a methodology for the state's attorney of each judicial district to monitor and track information regarding compliance with the uniform or revised uniform policies adopted in accordance with subsection (c) or (d) of this section.

(EffectiveSection December51-279c 1,of 2022)the (a)general Therestatutes is establishedrepealed aand taskthe forcesSB307 on/ UniformFile PoliciesNo. for Prosecutorial Recommendations which shall be in the Legislative Department.

The519 task6 forcesSB307 shallFile examineNo. (1) various methods used by criminal justice systems in other jurisdictions developed to ensure that recommendations made by prosecutors to the courts on matters of sentencing and pretrial release, including, but not limitedto,bail,thatconformtostandardsdesignedtoeliminatebiasand disparitiesandwhichavoidrigidor formulaic prescriptive systems,and (2) any other issue regarding standardizing practices and outcomes between and among the judicial districts that the task force deems appropriate.

(b)519 Thefollowing taskis forcesubstituted shallin consistlieu ofthereof the(Effective followingOctober members:1, 2022):

LCO No.

2371 9 of 18 Raised Bill No.307 (1) The Chief State's Attorney, or the designee of the Chief State's Attorney;

(2) The Chief Public Defender, or the designee of the Chief Public Defender;

and (3) The Chief Court Administrator, or the designee of the Chief Court Administrator.

(c) The Chief Court Administrator, or the designee of the Chief Court Administrator shall be the chairperson of the task force and shall schedule the first meeting of the task force, which shall be held not later thansixty daysafter theeffective date ofthissection.The task force shall meet between February 1, 2023, and August 1, 2023, to examine issues in accordance with subsection (a) of this section.

(d) The administrative staff of the joint standing committee of the GeneralAssembly having cognizance ofmattersrelating to thejudiciary shall serve as administrative staff of the task force.

(e) On or before January 1, 2024, the task force shall submit a report, inaccordancewiththeprovisionsofsection11-4aofthegeneralstatutes, on its findings in accordance with subsection (a) of this section and its recommendations as to which method or methods should be adopted by the Division of Criminal Justice to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

The task force shall terminate on the date it submits such report or December 31, 2024, whichever is later.

Sec.

6.

Section 51-279c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):

On and after July 1, 2023, alleach such LCOtraining No.program shall include training on (1) racial bias, including implicitbias;(2)systemiccollateralconsequencesofarrest,chargingand incarceration;

2371 10 of 18 Raised Bill No.307 training programs shall include training on (1) racial bias, including implicitbias;(2)systemiccollateralconsequencesofarrest,chargingand incarceration;

At least one day (A) of each training program for newly-appointed prosecuting attorneysattorneys, and (B) annually of such ongoing training programs shall be held in a state correctional facility.

7.6.

(a) The [ChiefChief State's Attorney and each state's attorney]attorney Office of Policy and Management shall biennially prepare a [meritmerit and]and performance [rating]rating report for each state's attorneyattorney, [, 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.]rating. based upon data collected pursuant to section 51-286j, as amended by this act.

(b) The Office of PolicyGovernmental andAccountability, Managementestablished shallunder providesection the1-300, performanceas reportamended forby thethis state'sact, attorneysshall forbiennially Newprepare Britain,a Ansonia-judicial Milford,district Middlesex,performance Stamford-Norwalk,report Hartfordfor andeach Waterburystate's toattorney thewhich Criminalshall Justiceinclude, Commissionbut onnot orbe beforelimited Julyto, 1,data 2023,collected andpursuant everyto twosection years51-286j, thereafter.as amended by this act.

ThesSB307 Office/ ofFile PolicyNo. and Management shall provide the performance report for the state's attorneys for Danbury, Fairfield, Litchfield, New Haven, New London, Tolland and Windham to the Criminal Justice Commission on or before July 1, 2024, and every two years thereafter.

The519 commission7 shallsSB307 provideFile each performance report to the state's attorney who is the subject of the performance report and to the Commission on Human Rights and Opportunities and post such LCO No.

2371519 11(c) The Office of 18Governmental RaisedAccountability Billshall No.307provide reportthe onthejudicial Internetwebdistrict siteperformance report for the Divisionjudicial districts of CriminalAnsonia- JusticeMilford, onHartford, theMiddlesex, sameNew dateBritain, thatStamford-Norwalk and Waterbury to the performanceCriminal reportJustice isCommission providedon toor thebefore commission.July 1, 2023, and every two years thereafter.

(b) The performanceOffice reportof forGovernmental eachAccountability state'sshall attorneyprovide requiredthe pursuantjudicial todistrict subsectionperformance (a)report offor thisthe sectionjudicial shalldistricts include,of butDanbury, needFairfield, notLitchfield, beNew limitedHaven, to,New theLondon, followingTolland categoriesand ofWindham datato for the judicialCriminal districtJustice thatCommission theon state'sor attorneybefore overseesJuly for1, the2024, evaluationand period:every two years thereafter.

(1)(d) The disparity,Criminal ifJustice any,Commission inshall outcomesprovide each judicial district performance report to the state's attorney who is the subject of the report and post such report on the Internet web site for differentthe demographicDivision groupsof involvedCriminal inJustice on the criminalsame justicedate process,that in:the judicial district performance report is provided to the commission.

(A)The Arrests,commission includingshall citations,review summonses,the custodyperformance arrests,report warrantsfor each judicial district and on-sitethe arrests;state's attorney shall be given the opportunity to explain any discrepancies between the judicial districts or between past and present performance.

(B)(e) DiversionaryWhen programa applications,state's successfulattorney completionsis being considered for reappointment, the judicial district performance reports created by the Office of Governmental Accountability and failuresthe toperformance complete;reviews conducted by the Criminal Justice Commission may be considered by the Criminal Justice Commission.

(C)Sec. Nonjudicial sanctions;

(D)7. Plea agreements, including agreements involving probation, agreements involving imprisonment, other agreements and prosecutors' last best offer;

(E) Trial dispositions, including dispositions involving probation, dispositions involving prison and other dispositions;

(F) Sentence lengths;

(G) Court fees or fines;

and (H) Restitution amounts ordered;

(2) The efficient, timely and consistent administration of criminal cases, as measured by the:

(A) Total number of cases dismissed, not prosecuted and nolled, and cases dismissed, not prosecuted and nolled as a percentage of total cases charged;

LCO No.

2371 12 of 18 Raised Bill No.307 (B) Total number of cases resolved by plea agreement and cases resolved by plea agreement as a percentage of total cases charged;

(C) Total number of continuances granted;

and (D) Total number of cases resolved by plea agreement where the defendant pled guilty or by plea agreement where the defendant pled guilty or nolo contendere to a lesser charge than that initially charged as a percentage of total cases resolved by plea agreement;

(3) The proportionality of criminal justice outcomes relative to both offenses and to the community needs, as measured by the:

(A) Total number of cases referred for diversionary programs and cases referred for diversionary programs as a percentage of overall number of cases;

(B) Total number of cases with a defendant under twenty-one years of age and the percentage of cases where the defendant was charged as an adult;

(C) Total number of median incarceration days for sentences in misdemeanor cases and for sentences in felony cases;

(D) Total number of case convictions with a sentence of probation or parole for misdemeanor cases and felony cases;

(E) Median probation time in misdemeanor cases and felony cases;

(F) Percentage of cases for which restitution was ordered as part of the sentence in misdemeanor cases and felony cases;

(G) Total number of sentence modification requests received and total number of sentence modification requests consented to;

and (H) Total number of prison admissions from the judicial district as a result of convictions;

(4) Internal management and functioning of the state's attorney's LCO No.

2371 13 of 18 Raised Bill No.307 office, as measured by the:

(A) Existence of and compliance with a business plan for the judicial district;

(B) Compliance with the policies created pursuant to section 51-279a, as amended by this act;

(C) Overall percentage of prosecuting attorneys within the state's attorney's judicial district by race, sex, ethnicity and age, along with percentage of prosecuting attorneys within leadership positions and within nonleadership positions by race, sex, ethnicity and age;

(D) Overall median number of cases per prosecuting attorney within the state's attorney's judicial district, along with the number of misdemeanors and felonies charged per prosecuting attorney;

(E) Percentage of all cases dismissed, not prosecuted and nolled that resulted from a lack of witness cooperation;

(F) Total number of meritorious ethics violations by prosecuting attorneys within the state's attorney's judicial district;

and (G) Median number of hours of professional and legal training completed by prosecuting attorneys within the state's attorney's judicial district, including median number of hours of training on the topics specified in section 51-279c, as amended by this act;

and (5) The health of communities impacted by prosecution, as measured by:

(A) Compliance with and enforcement of the state constitutional rights of victims, as measured pursuant to section 51-279a, as amended by this act;

(B) Number of staff assigned to community-based subdivisions within the state's attorney's judicial district;

(C) Percentage of defendants referred to diversionary programs who LCO No.

2371 14 of 18 Raised Bill No.307 successfully complete such programs;

(D) Percentage of people who were released from incarceration within the preceding three years who are homeless or without permanent or stable dwellings within the state's attorney's judicial district;

(E) Percentage of felony cases dismissed, not prosecuted and nolled in the highest crime zip code in the judicial district and the percentage of felony cases dismissed, not prosecuted and nolled in the lowest crime zip code in the judicial district;

and (F) Percentage of felony cases dismissed, not prosecuted and nolled in the highest median income zip code in the judicial district and the percentage of felony cases dismissed, not prosecuted and nolled in the lowest median income zip code in the judicial district.

(c) Using the performance report created by the Office of Policy and Management, the Criminal Justice Commission shall conduct a performance review of each state's attorney every two years after the Office of Policy and Management has filed performance reports for that year, with performance review for the state's attorneys for New Britain, Ansonia-Milford, Middlesex, Stamford-Norwalk, Hartford and Waterbury being conducted in even-numbered years and performance reviews for the state's attorneys for Danbury, Fairfield, Litchfield, New Haven, New London, Tolland and Windham being conducted in odd- numbered years.

Each performance review shall occur at a regularly scheduled, duly noticed public meeting and shall include the opportunity for public comment.

The commission shall review the performance report for each state's attorney, with the state's attorney given the opportunity to explain any discrepancies between the judicial districts or between past and present performance.

(d)Whena state'sattorneyisbeingconsideredforreappointment,the performance reports created by the Office of Policy and Management and the performance reviews conducted by the Criminal Justice Commission may be considered by the Criminal Justice Commission.

LCO No.

2371 15 of 18 Raised Bill No.307 Sec.

8.

(1)sSB307 Arrests,/ includingFile dataNo. on citations, summonses, custody arrests, warrants and on-site arrests;

519 8 sSB307 File No.

519 (1) Arrests, including data on citations, summonses, custody arrests, warrants and on-site arrests;

LCO(9) No.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;

2371 16 of 18 Raised Bill No.

307 (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;

(12)Restitutionamountsorderedpursuanttosubsection(c)ofsectionsSB307 53a-28,/ includingFile anyNo. amount collected by the court and any amount paid to a victim;

519 9 sSB307 File No.

519 (12)Restitutionamountsorderedpursuanttosubsection(c)ofsection 53a-28, including any amount collected by the court and any amount paid to a victim;

(c)The informationcollected under thissectionshallbecompiled and reported for each judicial district to the Office of Governmental Accountability, established under section 1-300, as amended by this act, for preparation of judicial district performance reports pursuant to section 51-280, as amended by this act.

8.

Section 1-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):

(a) There is established the Office of Governmental Accountability.

The executive administrator of the office shall serve as the administrative head of the office, who shall be appointed in accordance with the provisions of section 1-301, as amended by this act.

(b) The Office of Governmental Accountability shall provide personnel, payroll, affirmative action and administrative and business office functions and information technology associated with such functions for the following:

The Judicial Review Council established under section 51-51k, Judicial Selection Commission established under section 51-44a, Board of Firearms Permit Examiners established under section 29-32b, Office of the Child Advocate established under section 46a-13k, Office of the Victim Advocate established under section 46a- 13b, [and] State Contracting Standards Board established under section 4e-2 and Criminal Justice Commission established under section 51- 275a, as amended by this act.

The personnel, payroll, affirmative action and administrative and business office functions of said offices, commission, council and boards shall be merged and consolidated sSB307 / File No.

519 10 sSB307 File No.

519 within the Office of Governmental Accountability.

(c) The executive administrator may employ necessary staff to carry out the administrative functions of the Office of Governmental Accountability, within available appropriations.

Such necessary staff of the Office of Governmental Accountability shall be in classified service.

(d) The Office of Governmental Accountability shall prepare a judicial district performance report for each state's attorney pursuant to the provisions of section 51-280, as amended by this act.

[(d)] (e) Nothing in this section shall be construed to affect or limit the independent decision-making authority of the Judicial Review Council, Judicial Selection Commission, Board of Firearms Permit Examiners, OfficeoftheChildAdvocate,OfficeoftheVictimAdvocateor [the]State Contracting Standards Board or Criminal Justice Commission.

Such decision-making authority includes, but is not limited to, decisions concerning budgetary issues and concerning the employment of necessary staff to carry out the statutory duties of each such office, commission, council or board.

Sec.

SectionSubsection 51-277c(a) of section 1-301 of the general statutes is repealed.repealed andthefollowing issubstituted in lieuthereof(EffectiveOctober 1, 2022):

(Effective(a) October(1) 1,There 2022)shall Thisbe acta shallGovernmental takeAccountability effectCommission, within the Office of Governmental Accountability established under section 1-300, as followsamended andby this act, that shall amendconsist theof following[six] sections:seven members as follows:

Section(A) 1The Octoberexecutive 1,director 2022of 51-275a(h)the Sec.Judicial Review Council established under section 51-51k, or the executive director's designee;

(B) the chairperson of the Judicial Selection Commission established under section 51-44a, or the chairperson's designee;

(C) the chairperson of the Board of Firearms Permit Examiners established under section 29-32b, or the chairperson's designee;

(D) the Child Advocate appointed under section 46a-13k, or the advocate's designee;

(E) the Victim Advocate appointed under section 46a-13b, or the advocate's designee;

[and] (F) the chairperson of the State Contracting sSB307 / File No.

519 11 sSB307 File No.

519 Standards Board established under section 4e-2, or the chairperson's designee;

and (G) the chairperson of the Criminal Justice Commission established under section 51-275a, as amended by this act, or the chairperson's designee, provided no person serving as a designee under this subsection may be a state employee.

The Governmental Accountability Commission shall select a chairperson who shall preside at meetings of the commission.

Said commission shall meet for the purpose ofmaking recommendationsto theGovernor for candidatesfor the executive administrator of the Office of Governmental Accountability pursuant to the provisions of subsection (b) of this section, or for the purpose of terminating the employment of the executive administrator.

(2) The commission established under subdivision (1) of this subsection shall not be construed to be a board or commission within the meaning of section 4-9a.

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

October 1, 2022 Section 1 51-275a(h) Sec.

4 Julyfrom 1,passage 2022New 51-279asection Sec.

5 DecemberOctober 1, 2022 New51-279c section Sec.

6 October 1, 2022 51-279c51-280 Sec.

7 October 1, 2022 51-28051-286j October 1, 2022 Sec.

8 October1-300 1, 2022 51-286j Sec.

9 October 1, 2022 Repealer1-301(a) sectionStatement LCOof No.Legislative Commissioners:

2371In 17Section of4(a), 18subdivisions Raised(4) Billand No.(8) were merged to avoid redundancy and in Section 9(a)(1), "six" was changed to "[six] seven" for accuracy.

307JUD StatementJoint ofFavorable Purpose:Subst.

TosSB307 (1)/ increaseFile prosecutorialNo. accountability by (A) providing that the Criminal Justice Commission be an autonomous body, (B) requiring biennial performance evaluations of state's attorneys, (C) requiring adoption and implementation of uniform policies, (D) amending training requirements for prosecutors, (E) outlining data upon which state's attorney performance ratings are based, (F) making policies and reports available online, and (G) adding use of force investigations as a category for which case level data is collected, and (2) repeal the requirement that in the investigation and prosecution of crime, priority be given to crimes involving physical violence or the possession of a firearm.

[Proposed519 deletions12 aresSB307 enclosedFile inNo. brackets.

Proposed519 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof LCOfor No.any purpose.

2371In 18general, fiscal impacts are based upon a variety of 18informational 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:

Agency Affected Fund-Effect FY 23 $ FY 24 $ Governmental Accountability, GF - Cost 400,276 386,526 Off.

State Comptroller - Fringe GF - Cost 156,659 156,659 Benefits1 Criminal Justice, Div.

GF - Cost 52,981 70,642 State Comptroller - Fringe GF - Cost 21,473 28,631 Benefits2 Criminal Justice, Div.

GF - Potential None 250,000 Cost Note:

GF=General Fund Municipal Impact:

None Explanation The bill makes various changes relating to the Criminal Justice Commission and prosecutors.

Office of Governmental Accountability (OGA) The bill transfers the Criminal Justice Commission (the "commission") from within the Division of Criminal Justice (DCJ) into the Office of Governmental Accountability (OGA), expands the duties of the commission to include a biennial performance report of each The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 40.53% of payroll in FY 23.

The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 40.53% of payroll in FY 23.

sSB307 / File No.

519 13 sSB307 File No.

519 state's attorney, and adds the commission chairperson to the Governmental Accountability Commission.

This is anticipated to result in costs to OGA and the Office of the State Comptroller as described below.

OGA does not have the staff necessary to fulfil new duties under the bill.

Therefore, OGA is expected to require five staff and associated equipment which results in an estimated cost of $556,936 in FY 23 and $543,186 in FY 24.

This estimate consists of an annualized cost of $386,526 to OGA for salary and an annualized cost of $156,659 to the Office of the State Comptroller for associated fringe benefits.

This also includes a one-time cost of $13,750 in FY 23 to OGA for equipment.

Division of Criminal Justice (DCJ) The bill expands the training program that is required for all newly appointed prosecutors and makes the ongoing training required annually.

Current law does not specify the frequency of the ongoing training.

This change results in an annual cost of $70,642 for a training program coordinator, plus $28,631 for fringe benefits.

The bill allows DCJ the opportunity to respond to any discrepancies identified in the performance report.

In the event discrepancies are found and DCJ needs additional staff and expertise to formulate a response, the bill results in a potential cost of $250,000 annually to hire contracted staff.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

sSB307 / File No.

519 14 sSB307 File No.

519 OLR Bill Analysis sSB 307 AN ACT CONCERNING PROSECUTORIAL ACCOUNTABILITY.

SUMMARY This bill makes several changes in laws governing the Criminal Justice Commission (the “commission”) and state’s attorneys.

Specifically, it does the following:

1.

transfers the commission from within the Division of Criminal Justice (DCJ) and into the Office of Governmental Accountability (OGA), and adds the commission chairperson or his designee to the Governmental Accountability Commission (GAC) (§§ 1 & 8- 9);

2.

shortens the length of state’s attorneys’ terms of office from eight to five years and requires the commission to biennially evaluate the state’s attorney’s performance (§ 2);

3.

expands the types of disciplinary action the commission may take against the chief state’s attorney to include reprimand, demotion, or suspension, in addition to removal from office as under current law (§ 3);

4.

requires the commission’s advisory board to develop recommended policies by November 1, 2023, to increase efficiency, ensure fairness, and eliminate bias across judicial districts (§ 4);

5.

expands the topics that the chief state’s attorney must include in his or her initial and ongoing training programs for prosecuting attorneys (e.g., racial bias and victim interview techniques) (§ 5);

6.

requires OGA to biennially prepare a judicial district sSB307 / File No.

519 15 sSB307 File No.

519 performance report for each state’s attorney that must include collected, disaggregated, case level prosecutorial data (§§ 6 & 8);

and 7.

expandsthelistofrequireddata thatthecommission mustcollect to include use of force investigations by the Office of the Inspector General and requires the commission to report the information to OGA to assist in preparing judicial district performance reports (§ 7).

EFFECTIVE DATE:

October 1, 2022, except the provision (1) requiring the commission’s advisory board to develop uniform polices takes effect upon passage and (2) expanding the types of disciplinary actions the commission may take against the chief state’s attorney takes effect July 1, 2022.

§§ 1 & 8-9 — OFFICE OF GOVERNMENTAL ACCOUNTABILITY The bill transfers the commission from within DCJ to OGA and makes related technical and conforming changes.

Under existing law, OGA consistsofindependent divisionsfor which it provides consolidated personnel, payroll, affirmative action, and administrative and business office functions, including information technology associated with these functions.

The divisions have independent decision-making authority, including decisions on budgetary issues and employing necessary staff.

The bill requires OGA to also provide these services and administrative support to the commission.

Additionally, the bill adds to the GAC the commission’s chairperson or his designee.

By law, GAC is within OGA and is responsible for (1) recommending OGA executive administrator candidates to the governor and (2) terminating the executive administrator’s employment, if necessary.

§ 2 — STATE’S ATTORNEY TERM AND PERFORMANCE REVIEW The bill shortens a state’s attorney’s term of office from eight to five sSB307 / File No.

519 16 sSB307 File No.

519 years.

As under existing law, the term begins July 1 and lasts until the appointment and qualification of a successor unless he or she is removed for just cause.

Beginning July 1, 2023, the bill requires the commission to biennially evaluate the performance of each state’s attorney.

By law, the chief state’sattorney andeachstate’sattorneymustbienniallyprepareamerit and performance rating for each state’s attorney, assistant state’s attorney, and deputy assistant state’s attorney to the commission for its consideration when considering attorney reappointments (CGS § 51- 280).

§ 3 — CHIEF STATE’S ATTORNEY DISCIPLINE The bill expands the type of disciplinary actions the commission may take against the chief state’s attorney to include reprimand, demotion, or suspension (with or without pay for up to 15 days), instead of only removal from office as under current law.

Existing law already allows the commission to take such disciplinary action against deputy chief state’s attorneys and state’s attorneys.

As under existing law, the commission may take this disciplinary action only for good cause and after notice and a hearing.

§ 4 — UNIFORM POLICIES By law, the DCJ Advisory Board meets monthly to advise on statewide prosecutorial standards, guidelines, and other policy matters (e.g., peer review and conflict resolution) (CGS § 51-279a).

The bill requires the advisory board to develop recommended policiesby November 1, 2023,to increase efficiency,ensure fairness, and eliminate bias across judicial districts.

The policies must address the following issues:

1.

preliminary criminal case decisions, including (a) initiating charges, (b) charging juveniles as adults, (c) the standard of proof required to initiate and maintain charges, and (d) reviewing investigatory and discovery materials before charging;

sSB307 / File No.

519 17 sSB307 File No.

519 2.

compliance with and enforcement of a victim’s state constitutional rights;

3.

case management and staffing, including transfer, continuance, and staffing standards;

4.

uniform prosecutorial ethics standards in addition to the ethical standards that apply to all attorneys;

5.

the use of grand juries for investigations;

6.

circumstances and procedures for deviating from these policies;

7.

a uniform assessment tool for conducting annual performance evaluations for all deputy assistant state’s attorneys, assistant state’s attorneys, senior assistant state’s attorneys, supervisory assistant state’s attorneys, and any other prosecuting attorneys;

8.

uniform prosecutorial ethics and general ethical standards for all attorneys, including (a) adopting a comprehensive code of ethics for state’s attorneys and prosecuting attorneys based on national best practices;

(b) establishing a process for tracking ethical compliance oversight of prosecuting attorneys within the state’s attorney’s judicial district;

and (c) adopting a process for tracking, monitoring, and correcting ethical complaints against or violations by prosecuting attorneys within the state attorney’s judicial district;

and 9.

any other issues the advisory board deems necessary.

The bill requires the advisory board to report its recommended polices to the Judiciary Committee by February 1, 2024.

§ 5 — STATE’S ATTORNEY TRAINING By law, the chief state’s attorney must establish a formal five-day training program for all newly appointed prosecuting attorneys and an ongoing annual two-day training program.

Beginning on July 1, 2023, the bill requires these programs to include training on the following sSB307 / File No.

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519 topics:

1.

racial bias, including implicit bias;

2.

systemic collateral consequences of arrest, charging, and incarceration;

3.

available conviction and sentencing alternatives;

4.

victim interview techniques;

5.

mental illness and trauma;

and 6.

reentry strategies for offenders released into the community.

The bill requires at least one day of each training program to be held in a state correctional facility.

§§ 6 & 8 — JUDICIAL DISTRICT PERFORMANCE REVIEW The bill requires OGA to biennially prepare a judicial district performance report for each state’s attorney that includes collected, disaggregated, case level prosecutorial data.

It must provide the performance reports to the commission biennially, as follows:

1.

by July 1, 2023, for the judicial districts of New Britain, Ansonia- Milford, Middlesex, Stamford-Norwalk, Hartford, and Waterbury and 2.

by July 1, 2024, for the judicial districts of Danbury, Fairfield, Litchfield, New Haven, New London, Tolland, and Windham.

Under the bill, the commission must also (1) provide each report to the state’s attorney who is the report’s subject and (2) post the report to the commission’s website on the same day it receives the report.

The commission must review each judicial district’s report and give the state’sattorneyanopportunitytoexplainanydiscrepancies betweenthe judicial districts or past and present performance.

The bill permits the commission to consider its performance reviews sSB307 / File No.

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519 and the OGA reports themselves when considering a state’s attorney for reappointment.

§ 7 — DISAGGREGATED CASE LEVEL DATA By law, the commission, in consultation with the judicial branch, correction department, and Criminal Justice Information System Governing Board, must collect disaggregated, case level data by docket number on defendants who are age 18 or older at the time they committed certain alleged offenses (e.g., arrests, dispositions, or nonjudicial sanctions).

The bill expands the list of required data collected to include use of force investigations by the Office of the Inspector General.

As under existing law, information that personally identifies a victim cannot be disclosed when the Office of Policy and Management makes its required presentation on existing prosecutorial data to the Judicial Committee (CCS § 4-68ff).

The bill also requires the commission to compileandreport theabove information for each judicial district to OGA to assist in its judicial performance report preparation (see § 6).

BACKGROUND Related Bill sHB 5499, reported favorably by the Judiciary Committee, similarly expands the types of disciplinary action the Criminal Justice Commission may take against the chief state’s attorney.

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 23 Nay 16 (03/31/2022) sSB307 / File No.

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