HB 6887 — AN ACT CONCERNING ADDITIONAL LEGAL PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE.

House of Representatives General Assembly FileSubstitute Bill No.

5936887 January Session, 2023 SubstituteAN HouseACT BillCONCERNING No.ADDITIONAL LEGAL PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE.

6887 House of Representatives, April 13, 2023 The Committee on Judiciary reported through REP.

STAFSTROM of the 129th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING ADDITIONAL LEGAL PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE.

Pursuant to such pilot] Under the program, thecourt may order that any personappearing insuchjudicial district who is charged with the violation of a restraining order or a protective order, and who has been determined to be a high-risk offender by thefamilyviolence interventionunit,besubject to electronic sHB6887monitoring /designed Fileto warn law enforcement agencies, a state-wide information collection center and the victim when the person is within a specified distance of the victim, if the court finds that such electronic monitoringisnecessarytoprotectthevictim.[,providedthecostofsuch LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06887-R021 of 2 HB.docx Substitute Bill No.

5936887 1electronic sHB6887monitoring Fileis No.paid by the person who is subject to such electronic monitoring, subject to guidelines established by the Chief Court Administrator.] If the court orders that such person be subject to electronic monitoring, the clerk of the court shall send, by facsimile or other means, a copy of the order, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the person resides.

593 monitoring designed to warn law enforcement agencies, a state-wide information collection center and the victim when the person is within a specified distance of the victim, if the court finds that such electronic monitoringisnecessarytoprotectthevictim.[,providedthecostofsuch electronic monitoring is paid by the person who is subject to such electronic monitoring, subject to guidelines established by the Chief Court Administrator.] If the court orders that such person be subject to electronic monitoring, the clerk of the court shall send, by facsimile or other means, a copy of the order, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the person resides.

sHB6887APP /Joint FileFavorable No.LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06887- 2 of 2 R02-HB.docx }

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593 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:

Agency Affected Fund-Effect FY 24 $ FY 25 $ Judicial Dept.

(Probation) GF - Cost 2,555,000 4,535,000 State Comptroller - Fringe GF - Cost 442,000 524,000 Benefits Note:

GF=General Fund Municipal Impact:

None Explanation The bill expands the Judicial Department electronic monitoring program to each judicial district which results in an estimated cost of $2.5 million in FY 24 and an estimated cost of $4.5 million in FY 25 .

The 3 cost increases in FY 25 when the program is to be fully implemented.

This program would need to be staffed by about 15 new positions and require equipment and operating expenses as well as contracted victim services costs.

The cost to the State Comptroller for fringe benefits is estimated to be about $442,000 in FY 24 and $524,000 in FY 25.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and the actual number of GPS monitoring clients.

1The 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 42.82% of payroll in FY 24.

Personal Services $1,032,000, Other Expenses $50,000, Equipment Cost $23,000, Contracted Victim Services $850,000, and $600,000 GPS Monitoring Personal Services $1,224,000, Other Expenses $61,000 Contracted Victim Services $850,000, and $2,400,000 GPS Monitoring sHB6887 / File No.

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593 OLR Bill Analysis sHB 6887 AN ACT CONCERNING ADDITIONAL LEGAL PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE.

SUMMARY This bill expands and makes permanent the Judicial Department’s electronic monitoring pilot program for family violence offenders by requiring the department, within available appropriations, to establish the program in each judicial district by October 1, 2025.

Current law allows, but does not require, the department to establish the pilot program, within available appropriations, in three judicial districts.

(It has operated in the Bridgeport, Danielson, and Hartford judicial districts since 2010.) The bill eliminates current law’s requirement that the person subject to the electronic monitoring pay the cost of it, subject to the chief court administrator's guidelines.

It also eliminates an obsolete provision on the pilot program’s initial funding and operation.

Under existing law, unchanged by the bill, the program authorizes the court to order someone to be placed under electronic monitoring if the (1) court finds it necessary to protect the victim and (2) offender is charged with violating a restraining or protective order and found to be a high-risk offender by the family violence intervention unit.

By law, the electronic monitoring warns law enforcement agencies, a statewide information collection center, and the victim when the offenderiswithinaspecifieddistanceofthevictim.The courtclerkmust send a copy of an order placing someone under electronic monitoring, or the information the order contains, to the law enforcement agencies for the town where the person lives.

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593 EFFECTIVE DATE:

July 1, 2023 BACKGROUND Family Violence By law, “family violence” is an incident resulting in physical harm, bodily injury, or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury, or assault, including stalking or a pattern of threatening, between family or household members.

It excludes verbal abuse or argument unless there is present danger and the likelihood that physical violence will occur (CGS § 46b- 38a(1)).

Family Violence Crime By law, “family violence crime” means a crime other than a delinquent act, which, in addition to its other elements, contains an element of an act of family violence to a family or household member.

It does not include acts by parents or guardians disciplining minor children unless they constitute abuse (CGS § 46b-38a(3)).