HB 5500 — AN ACT CONCERNING REVISIONS TO VARIOUS LAWS CONCERNING IGNITION INTERLOCK DEVICES, THE DEPARTMENT OF CORRECTION, JUDICIAL RETIREMENT SALARIES AND CRIMINAL LAW AND CRIMINAL PROCEDURE.

5500 under subdivision (2) or (3) of subsection (g) of this section, the commissioner does not find on any one of said issues in the negative or if such person fails to appear at such hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section.

A notice of the decision shall only be transmitted by personal sHB5500delivery /if Filethe No.operator has consented, in writing, to such personal delivery.

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635 delivery if the operator has consented, in writing, to such personal delivery.

(2)Public (A)Act ANo. person twenty-one years of age or older at the time of the arrest who submitted to a test and the results of such test indicated that suchpersonhadanelevatedbloodalcoholcontent,orwasfoundtohave been operating a motor vehicle under the influence of intoxicating liquor or any drug, or both based on a report filed pursuant to subsection (d) of this section, shall install and maintain an ignition interlock device for the following periods:

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5500 (2) (A) A person twenty-one years of age or older at the time of the arrest who submitted to a test and the results of such test indicated that suchpersonhadanelevatedbloodalcoholcontent,orwasfoundtohave been operating a motor vehicle under the influence of intoxicating liquor or any drug, or both based on a report filed pursuant to subsection (d) of this section, shall install and maintain an ignition interlock device for the following periods:

(B) a person under twenty-one years of age at the time of the arrest who submitted to a test and the results of such test indicatedthatsuchpersonhadanelevatedbloodalcoholcontent,orwas found to have been operating a motor vehicle under the influence of intoxicating liquor or any drug, or both based on a report filed pursuant to subsection (d) of this section, shall install and maintain an ignition sHB5500interlock /device Filefor No.the following periods:

635 sHB5500 File No.

635 interlock device for the following periods:

and (iii) for a third or subsequent suspension under thissection,threeyears;and(C)athissection,threeyears;and(C)aperson,regardlessofage,whorefused person,regardlessofage,whorefused to submit to a test or nontestimonial portion of a drug influence evaluation shall install and maintain an ignition interlock device for the following periods:

(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, ofPublic thisAct section,No. any police officer who obtains the results of a test of a blood sample taken from or a urine sample provided by an operator of a motor vehicle who was involved in an accident and suffered or allegedly suffered physical injury in such accident, or who was otherwise deemedby a police officer to require treatmentorobservation at a hospital, shall notify the commissioner and submit to the commissioner a written report if such results indicate that such person hadanelevated bloodalcohol content, or anyquantity ofanintoxicating liquor or any drug, or both, in such person's blood, and if such person was arrested for violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n.

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5500 of this section, any police officer who obtains the results of a test of a blood sample taken from or a urine sample provided by an operator of a motor vehicle who was involved in an accident and suffered or allegedly suffered physical injury in such accident, or who was otherwise deemedby a police officer to require treatmentorobservation at a hospital, shall notify the commissioner and submit to the commissioner a written report if such results indicate that such person hadanelevated bloodalcohol content, or anyquantity ofanintoxicating liquor or any drug, or both, in such person's blood, and if such person was arrested for violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n.

The commissioner may, after notice and an opportunity for hearing, which shall be conducted by a hearing officer on behalf of the commissioner in accordance with chapter 54, suspend the motor vehicle operator's license or operating privilege of such person for the sHB5500appropriate /period Fileof No.time specified in subsection (i) of this section and require such person to install and maintain an ignition interlock device for the appropriate period of time prescribed in subsection (i) of this section.

635 sHB5500 File No.

635 appropriate period of time specified in subsection (i) of this section and require such person to install and maintain an ignition interlock device for the appropriate period of time prescribed in subsection (i) of this section.

and (5) in the event that a blood sample was taken, whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (k) ofPublic sectionAct 14-227a.No.

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5500 of section 14-227a.

(m) Notwithstanding the provisions of this section, when a person is required, pursuant to this section, to install and maintain an ignition interlock device or is prohibited, pursuant to this section, from operating a motor vehicle except under the condition that such device is installed and maintained on such vehicle, such requirement and condition shall cease to apply to such person upon any of the following sHB5500conditions /being Filemet No.in the case of an arrest for a violation of section 14- 227a, 14-227m or subdivision (1) or (2) of subsection (a) of section 14- 227n (1) for which the only intoxicating substance detected is cannabis:

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635 conditions being met in the case of an arrest for a violation of section 14- 227a, 14-227m or subdivision (1) or (2) of subsection (a) of section 14- 227n (1) for which the only intoxicating substance detected is cannabis:

or (C) any conviction of such person based upon any charges resulting from such alleged violation is vacated, overturnedorerased,or (2)for whichthepersonwasconvicted for such violation, alcohol was detected as an intoxicating substance for suchviolationandsuchpersonhasreceivedanabsolute pardonforeachpardon foreach such conviction.

Upon the ceasing of the application of such requirement and condition upon such person, the commissioner shall provide written notification to the person indicating that such requirementPublic andAct conditionNo. has ceased to apply to such person.

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5500 requirement and condition has ceased to apply to such person.

(NEW) (Effective from passage and applicable to any offense sHB5500committed /prior Fileto, on or after said date) Any offense committed by means ofcommunicationtransmittedbyuseofaninteractivecomputerservice, as defined in section 53a-90a of the general statutes, computer network, asdefined insection53a-250ofthegeneralstatutes,telecommunications service, as defined in section 16-247a of the general statutes, cellular system, as used in section 16-50i of the general statutes, electronic communication service, as defined in section 54-260b of the general statutes or electronic communication system, as defined in 18 USC 2510, as amended from time to time, including electronic mail or text message or any other electronically sent message, whether by digital media account, messaging program or application, may be deemed to have Public Act No.

63524-137 sHB550014 Fileof 20 Substitute House Bill No.

6355500 committed prior to, on or after said date) Any offense committed by means ofcommunicationtransmittedbyuseofaninteractivecomputerservice, as defined in section 53a-90a of the general statutes, computer network, asdefined insection53a-250ofthegeneralstatutes,telecommunications service, as defined in section 16-247a of the general statutes, cellular system, as used in section 16-50i of the general statutes, electronic communication service, as defined in section 54-260b of the general statutes or electronic communication system, as defined in 18 USC 2510, as amended from time to time, including electronic mail or text message or any other electronically sent message, whether by digital media account, messaging program or application, may be deemed to have been committed either at the place where the communication originated or at the place where it was received.

(a) The Commissioner of Correction, after consultation with the CommissionerofAdministrativeServicesandtheSecretaryoftheOfficeCommissionerofAdministrativeServicesandtheSecretaryof theOffice of Policy and Management, shall establish a schedule of compensation forservicesperformedonbehalfofthestateby [inmatesof]personswho are incarcerated in any institution or facility of the department.

Any compensation so earned shall be paid to the [inmate on the inmate's] incarcerated person upon such person's release from incarceration in the form of a debit card, except that the sHB5500commissioner /may, Filewhile No.[the inmate] such person is in custody, disburse any compensation earned by such [inmate] person in accordance with the following priorities:

635 sHB5500 File No.

635 commissioner may, while [the inmate] such person is in custody, disburse any compensation earned by such [inmate] person in accordance with the following priorities:

(6) support of the [inmate's] incarcerated person's dependents, if any;Public Act No.

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5500 any;

When cash bail in excess of ten sHB5500thousand /dollars Fileis received for a detained person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the person so designated shall prepare a report that contains (1) the name, address and taxpayer identification number of the detained person, (2) the name, address and taxpayer identification number of Public Act No.

63524-137 sHB550016 Fileof 20 Substitute House Bill No.

6355500 thousand dollars is received for a detained person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the person so designated shall prepare a report that contains (1) the name, address and taxpayer identification number of the detained person, (2) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, (3) the amount of cash received, and (4) the date the cash was received.

and [(3)] (C) the court shall order the placement, on either an inpatient or an sHB5500outpatient /basis, Filewhich No.the court finds is the least restrictive placement appropriate and available to restore competency.

635(2) sHB5500In Filedetermining the least restrictive placement appropriate and Public Act No.

63524-137 outpatient17 basis,of which20 theSubstitute courtHouse findsBill isNo. the least restrictive placement appropriate and available to restore competency.

(2)5500 In determining the least restrictive placement appropriate and available to restore competency, the court shall consider the following factors:

Subsection (c) of section 51-49i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, sHB55002024): / File No.

635Public sHB5500Act File No.

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5500 (c) Each judge shall receive annually, as retirement salary, two-thirds of such judge's salary as defined in section 51-49f, each family support magistrate shall receive annually, as retirement salary, two-thirds of such family support magistrate's salary as defined in section 46b-233a, and each administrative law judge shall receive annually, as retirement salary, two-thirds of such administrative law judge's salary as defined insection51-49g.[;

(a) If any person is convicted of, or found not guilty by reason of mental disease or defect of, (1) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70c, 53a- 71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183,subdivision(2)ofsubsection(a)ofsection53a-192a,section53a- 223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said sections or section 53a-54a, or (2) any crime that the court determines constitutes a family violence crime, as defined in section 46b-38a, or attemptPublic orAct conspiracy to commit any such crime, the court may, in sHB5500 / File No.

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6355500 attempt or conspiracy to commit any such crime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal protective order will best serve the interest of the victim and the public, issue a standing criminal protective order which shall remain in effect for a duration specified by the court until modified or revoked by the court for good cause shown.

ThisApproved actJune shall6, take2024 effectPublic asAct followsNo. and shall amend the following sections:

Section24-137 120 Octoberof 1,20 2024 29-38c(c) Sec.

2 October 1, 2024 14-227b Sec.

3 from passage and New section applicable to any offense committed prior to, on or after said date Sec.

4 October 1, 2024 18-85 Sec.

5 October 1, 2024 54-53 Sec.

6 October 1, 2024 54-56d(i) Sec.

7 July 1, 2024 51-49i(c) Sec.

8 October 1, 2024 53a-40e(a) sHB5500 / File No.

635 sHB5500 File No.

635 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 various, technical, and conforming changes to (1) court-related matters, (2) inmate compensation, (3) retirement salary statutes for certain judicial officials, and (4) ignition interlock device requirements.

The bill is not anticipated to have a fiscal impact.

House "A" removes sections that increased juror compensation and that expanded a pretrial diversionary program, which eliminates the cost to the Judicial Department, Department of Developmental Services, Department of Social Services, and Department of Mental Health and Addiction Services, resulting in the impact described above.

The Out Years None sHB5500 / File No.

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635 OLR Bill Analysis sHB 5500 (as amended by House "A")* AN ACT CONCERNING REVISIONS TO VARIOUS LAWS CONCERNING JUROR COMPENSATION, IGNITION INTERLOCK DEVICES, THE DEPARTMENT OF CORRECTION, JUDICIAL RETIREMENT SALARIES AND CRIMINAL LAW AND CRIMINAL PROCEDURE.

TABLE OF CONTENTS:

SUMMARY § 1 — APPOINTED COUNSEL RELATED TO FIREARM RISK PROTECTION ORDERS OR RISK WARRANTS Requires an attorney to be appointed for certain people relating to in- court proceedings for firearm risk protection orders or risk warrants § 2 — IGNITION INTERLOCK DEVICES Sets conditions under which ignition interlock requirements end earlierthanusualfollowingadministrativeperselicensesuspensions, such as if the person was arrested for DUI due to cannabis use and the charges are withdrawn or dismissed § 3 — LOCATION OF ONLINE AND CELLULAR CRIMES Specifies that offenses committed by communications through computer networks, cell phones, or similar means can be considered to have been committed either where the communication was sent or received § 4 — COMPENSATION OF INCARCERATED INDIVIDUALS Explicitly allows DOC, when setting pay rates for incarcerated individuals performing services on the state’s behalf, to give higher rates than the minimum based on skill or other factors, and eliminates the $10 weekly limit on this pay § 5 — ROUNDING OF CASH BAIL Requires cash bail amounts to be rounded down to the nearest dollar sHB5500 / File No.

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635 § 6 — FACTORS TO RESTORE COMPETENCY Sets the factors that a court must consider when determining the least restrictive placement for apersonto restore their competency for trial;

generally requires the court, in misdemeanor cases, to presume that outpatient treatment is the appropriate placement § 7 — JUDICIAL PENSIONS Makes a technical change to a law on the judges’ retirement system § 8 — STANDING CRIMINAL PROTECTIVE ORDERS Extends the law on standing criminal protective orders to defendants found not guilty due to mental disease or defect SUMMARY This bill makes various unrelated changes in court-related matters as described in the section-by-section analysis below.

*House Amendment “A” removes provisions from the underlying bill(1)generally increasing theamount andscopeofjuror compensation and expense reimbursement and (2) extending to people with intellectual disability or autism spectrum disorder an existing pretrial diversionary program.

EFFECTIVE DATE:October 1,2024,except asotherwise notedbelow.

§ 1 — APPOINTED COUNSEL RELATED TO FIREARM RISK PROTECTION ORDERS OR RISK WARRANTS Requires an attorney to be appointed for certain people relating to in-court proceedings for firearm risk protection orders or risk warrants Existing law allows the police or a prosecutor, under limited circumstances, to apply to court for a risk protection order prohibiting an adult at imminent risk of injuring themselves or someone else from obtaining or possessing firearms, other deadly weapons, or ammunition.

The court may also issue a risk warrant for the police to seize these items if the person has them.

The bill requires an attorney to be appointed for the person, for purposes of in-court proceedings relating to these orders or risk sHB5500 / File No.

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635 warrants, if the person (1) cannot afford an attorney, (2) is represented by a publicdefender or assignedcounsel in apending criminal case, and (3) is eligible for counsel under the public defender laws.

By law, there is a separate risk warrant process for minors, and counsel must be appointed on the child’s behalf for the juvenile court proceedings if the child and his or her parent or guardian (1) cannot afford counsel and (2) are eligible for counsel under the public defender laws.

§ 2 — IGNITION INTERLOCK DEVICES Sets conditions under which ignition interlock requirements end earlier than usual following administrative per se license suspensions, such as if the person was arrested for DUI due to cannabis use and the charges are withdrawn or dismissed By law, someone arrested for driving under the influence (DUI) is subject to administrative licensing sanctions and other penalties through the Department of Motor Vehicles (DMV), in addition to criminal prosecution.

This is referred to as an “administrative per se” suspension.

Under this law, drivers must operate only ignition interlock device (IID)-equipped vehicles for a period ranging from six months to three years after the suspension ends, depending on certain factors (e.g., their age or the nature of the per se offense) (see Background — Administrative Per Se Suspension and Related IID Penalties).

A driver must drive IID- equipped vehicles for the longer of the time periods under this law or the criminal DUI statutes if the person is convicted.

The bill sets conditions under which the required IID usage ends earlier than what is otherwise required by law.

First, if the person was arrested for DUI and if cannabis was the only detected intoxicating substance, the required IID usage ends when (1) the person is acquitted or all charges are withdrawn, nolled, or dismissed, or (2) the person’s conviction is vacated, overturned, or erased.

Second, if the person was convicted for DUI and alcohol was one of the intoxicating substances, the required IID usage ends if the person received an absolute pardon.

In either case, the DMV commissioner must notify the person in writing sHB5500 / File No.

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635 when the IID requirements have ended.

The bill specifies that these provisions do not affect any other requirements or conditions that apply to the person.

Background — Administrative Per Se Suspension and Related IID Penalties By law, administrative per se suspensions in DUI arrests occur when (1) a driver refuses a blood, breath, or urine test or the nontestimonial portion of a drug influence evaluation, or submits to a test and the results indicate an elevated blood alcohol content, or (2) the officer, through an investigation, concludes that the person was driving under the influence of alcohol, a drug, or both.

Existing law requires drivers arrested for DUI to operate only IID- equipped vehicles for a specified period depending on their age, the nature of the offense, and whether it was a first or subsequent suspension as described in the table below.

Table:

IID Penalties for Per Se Offenses Per Se Offense IID Requirement (After 45-Day License Suspension) First Second Third or Suspension Suspension Subsequent Suspension Age 21 or older:

elevated BAC or Six months One year Two years found to have been driving under the influence of alcohol, drugs, or both Under Age 21:

elevated BAC or One year Two years Three years found to have been driving under the influence of alcohol, drugs, or both Refusal to submit to a test or theOne year Two years Three years nontestimonial portion of drug influence evaluation, regardless of age § 3 — LOCATION OF ONLINE AND CELLULAR CRIMES sHB5500 / File No.

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635 Specifies that offenses committed by communications through computer networks, cell phones, or similar means can be considered to have been committed either where the communication was sent or received The bill specifies that offenses committed through communication using various forms of technology may be considered to have been committed either at the place where the communication originated or was received.

Specifically, the bill applies to communications sent through an interactive computer service, computer network, telecommunications service, cellular system, or electronic communication service or system (as defined under specified laws), including email or text messages or any other electronic messages, whether by digital media accounts, messaging programs, or applications.

EFFECTIVE DATE:

Upon passage and applicable to offenses committed before, on, or after that date.

§ 4 — COMPENSATION OF INCARCERATED INDIVIDUALS Explicitly allows DOC, when setting pay rates for incarcerated individuals performing services on the state’s behalf, to give higher rates than the minimum based on skill or other factors, and eliminates the $10 weekly limit on this pay By law, the Department of Correction (DOC) commissioner, after consultingwiththeadministrativeservicescommissionerandtheOffice of Policy and Management secretary, must set the compensation schedule for incarcerated individuals for services they perform on the state’s behalf at DOC facilities.

The schedule must recognize degrees of merit, diligence, and skill, to encourage these individuals’ incentive and industry.

PA 23-204, § 153, requires a pay range of between $5 and $10 per week.

The bill instead sets a rate of $1 per day, with higher pay rates based on skill level or other factors as the DOC commissioner or his designee determines.

The bill also makes technical changes.

§ 5 — ROUNDING OF CASH BAIL sHB5500 / File No.

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635 Requires cash bail amounts to be rounded down to the nearest dollar By law, anyone detained in a community correctional center under a bench warrant or for arraignment, sentencing, or trial must be released upon posting a bond or cash bail.

The bill requires the bail amount to be rounded down to the nearest dollar.

§ 6 — FACTORS TO RESTORE COMPETENCY Sets the factors that a court must consider when determining the least restrictive placement for a person to restore their competency for trial;

generally requires the court, in misdemeanor cases, to presume that outpatient treatment is the appropriate placement By law, a defendant in a criminal trial cannot be tried, convicted, or sentenced while he or she is not competent (i.e., able to understand the proceedings and assist in his or her own defense).

Generally, if the court findsthat there isa substantialprobability that thedefendant willregain competency after a course of treatment, it must order the defendant to be placed (1) for that treatment (in the custody of DMHAS or certain other agencies, including remaining in DOC custody in some cases) to become competent or (2) in DMHAS custody at a treatment facility pending civil commitment proceedings.

The bill requires the court, in determining the least restrictive placement appropriate and available to restore competency, to consider the following:

1.

the nature and circumstances of the alleged crime;

2.

the defendant’s record of criminal convictions and appearing in court;

3.

the defendant’s family and community ties;

4.

the defendant’s willingness and ability to engage with the treatment, and whether his or her substance use would interfere with the ability to succeed in the placement;

5.

any of the defendant’s psychiatric symptoms, including their nature and severity;

and sHB5500 / File No.

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635 6.

any other relevant factors specific to the defendant and his or her circumstances.

Under the bill, if the defendant is not charged with a felony, the court must presume that outpatient treatment is the least restrictive placement appropriate and available to restore competency.

But this does not apply if the court has good cause to find otherwise based on the above factors.

§ 7 — JUDICIAL PENSIONS Makes a technical change to a law on the judges’ retirement system By law, there is a retirement system for judges, family support magistrates, and workers’ compensation administrative law judges, separate from the State Employees Retirement System.

The bill makes a technical change to clarify that these officials must have 10 years of service to be entitled to a pension with benefits, except for those officials who retire at age 70 due to mandatory retirement or retire early due to disability.

By law, if these officials retire under one of these exceptions before serving for 10 years, their retirement benefit is reduced by 10% for each year they served less than that.

EFFECTIVE DATE:

July 1, 2024 § 8 — STANDING CRIMINAL PROTECTIVE ORDERS Extends the law on standing criminal protective orders to defendants found not guilty due to mental disease or defect The bill allows courts to issue, on a victim’s behalf, a standing criminal protective order for someone found not guilty of a crime due to mental disease or defect, under the same standards and requirements that apply following a criminal conviction.

Under existing law, a court may issue a standing criminal protective order if the defendant is convicted of certain crimes (e.g., sexual assault or family violence crimes) if the court determines that the offender’s criminal conduct indicates that the order will best serve the interest of the victim and the public.

For other crimes, a judge may issue a standing sHB5500 / File No.

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635 criminal protective order for good cause shown.

The order remains in place for the period the court sets, unless the court modifies or revokes it for good cause.

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 36 Nay 0 (03/28/2024) sHB5500 / File No.

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