Substitute House Bill No. 7007

Public Act No. 01-211

AN ACT CONCERNING CRIME VICTIMS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-251 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, shall, within three days following such release, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record and residence address with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If such person changes such person's address such person shall, within five days, register the new address in writing with the Commissioner of Public Safety, and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section regularly travels into or within another state or temporarily resides in another state for purposes including, but not limited to employment or schooling, such person shall notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

(b) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 from the registration requirements of this section if the court finds that such person was under nineteen years of age at the time of the offense and that registration is not required for public safety.

(c) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a from the registration requirements of this section if the court finds that registration is not required for public safety.

(d) Any person who files an application with the court to be exempted from the registration requirements of this section pursuant to subsection (b) or (c) of this section shall, pursuant to subsection (b) of section 54-227, as amended by this act, notify the Office of Victim Services and the Department of Correction of the filing of such application. The Office of Victim Services or the Department of Correction, or both, shall, pursuant to section 54-230, as amended by this act, or section 6 of this act, notify any victim who has requested notification of the filing of such application. Prior to granting or denying such application, the court shall consider any information or statement provided by the victim.

[(d)] (e) Any person who violates the provisions of subsection (a) of this section shall be guilty of a class D felony.

Sec. 2. Subsection (c) of section 54-255 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Any person who: (1) Has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1999, and was under nineteen years of age at the time of the offense; (2) has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a between October 1, 1988, and June 30, 1999; (3) has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, between October 1, 1988, and June 30, 1999, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21; (4) has been convicted or found not guilty by reason of mental disease or defect of a violation of section 53a-70b between October 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty by reason of mental disease or defect of any crime between October 1, 1988, and September 30, 1998, which requires registration under sections 54-250 to 54-259, inclusive, and (A) served no jail or prison time as a result of such conviction or finding of not guilty by reason of mental disease or defect, (B) has not been subsequently convicted or found not guilty by reason of mental disease or defect of any crime which would require registration under sections 54-250 to 54-259, inclusive, and (C) has registered with the Department of Public Safety in accordance with sections 54-250 to 54-259, inclusive; may petition the court to order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access. Any person who files such a petition shall, pursuant to subsection (b) of section 54-227, as amended by this act, notify the Office of Victim Services and the Department of Correction of the filing of such petition. The Office of Victim Services or the Department of Correction, or both, shall, pursuant to section 54-230, as amended by this act, or section 6 of this act, notify any victim who has requested notification pursuant to subsection (b) of section 54-228, as amended by this act, of the filing of such petition. Prior to granting or denying such petition, the court shall consider any information or statements provided by the victim. The court may order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety.

Sec. 3. Section 54-227 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any inmate who makes an application to the Board of Pardons, Board of Parole or Department of Correction for release other than a furlough from a correctional institution or who applies to the sentencing court or judge for a reduction in sentence pursuant to section 53a-39, or who applies to the review division for a review of sentence pursuant to section 51-195, shall notify the Office of Victim Services and the Department of Correction of such application on a form prescribed by the Office of the Chief Court Administrator. Notwithstanding any provision of the general statutes, no such application shall be accepted unless the applicant has notified the Office of Victim Services and the Department of Correction pursuant to this subsection and provides proof of such notice as part of the application.

(b) Any person who files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to subsection (b) or (c) of said section and any person who files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information or removing such restriction shall notify the Office of Victim Services and the Department of Correction of the filing of such application or petition on a form prescribed by the Office of the Chief Court Administrator. Notwithstanding any provision of the general statutes, no such application or petition shall be considered unless such person has notified the Office of Victim Services and the Department of Correction pursuant to this subsection and provides proof of such notice as part of the application or petition.

[(b)] (c) Notwithstanding any provision of the general statutes to the contrary, the Board of Pardons, Board of Parole, sentencing court and sentence review division may make available to the Office of Victim Services and the Department of Correction direct access to records in their custody, including computerized criminal history record information, for the purpose of performing [its] said office's and department's duties regarding victim notification.

Sec. 4. Section 54-228 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any victim of a crime or any member of an inmate's immediate family who desires to be notified whenever an inmate makes an application to the Board of Pardons, Board of Parole, Department of Correction, sentencing court or judge or review division as provided in section 54-227, or whenever an inmate is scheduled to be released from a correctional institution other than on a furlough, may complete and file a request for notification with the Office of Victim Services or the Department of Correction.

(b) Any victim of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony found by the sentencing court to have been committed for a sexual purpose, as provided in section 54-254, who desires to be notified whenever the person who was convicted or found not guilty by reason of mental disease or defect of such offense files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to subsection (b) or (c) of said section or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction, may complete and file a request for notification with the Office of Victim Services or the Department of Correction.

(c) Such request for notification shall be in such form and content as the Office of the Chief Court Administrator may prescribe. Such request for notification shall be confidential and shall remain confidential while in the custody of the Office of Victim Services and the Department of Correction and shall not be disclosed. It shall be the responsibility of the victim to notify the Office of Victim Services and the Department of Correction of his or her current mailing address, which shall be kept confidential and shall not be disclosed by the Office of Victim Services and the Department of Correction.

Sec. 5. Section 54-230 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Upon receipt of notice from an inmate pursuant to section 54-227, as amended by this act, the Office of Victim Services shall notify by certified mail all persons who have requested to be notified pursuant to [sections] subsection (a) of section 54-228, as amended by this act, and section 54-229 whenever such inmate makes application for release or sentence reduction or review. Such notice shall be in writing and notify each person of the nature of the release or sentence reduction or review being applied for, the address and telephone number of the board or agency to which the application by the inmate was made, and the date and place of the hearing or session, if any, scheduled on the application.

(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, as amended by this act, the Office of Victim Services shall notify by certified mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228, as amended by this act, whenever such person files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to subsections (b) or (c) of said section or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.

(c) Upon compliance with the notification requirements of this section, the Office of Victim Services shall notify, on a form prescribed by the Office of the Chief Court Administrator, the board, agency or court to which the application or petition was made of such compliance.

[(b)] (d) Upon receipt of notice from the Department of Correction pursuant to section 54-231, the Office of Victim Services shall notify by certified mail all victims who have requested to be notified pursuant to section 54-228, as amended by this act, whenever such inmate is scheduled to be released from a correctional institution. Such notice shall be in writing and notify each victim of the date of such inmate's release. The victim shall notify the Office of Victim Services of his or her current mailing address, which shall be kept confidential and shall not be disclosed by the Office of Victim Services.

Sec. 6. (NEW) (a) Upon receipt of notice from an inmate pursuant to section 54-227 of the general statutes, as amended by this act, the Department of Correction shall notify by certified mail all persons who have requested to be notified pursuant to subsection (a) of section 54-228 of the general statutes, as amended by this act, and section 54-229 of the general statutes whenever such inmate makes application for release or sentence reduction or review. Such notice shall be in writing and notify each person of the nature of the release or sentence reduction or review being applied for, the address and telephone number of the board or agency to which the application by the inmate was made, and the date and place of the hearing or session, if any, scheduled on the application.

(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227 of the general statutes, as amended by this act, the Department of Correction shall notify by certified mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228 of the general statutes, as amended by this act, whenever such person files an application with the court to be exempted from the registration requirements of section 54-251 of the general statutes pursuant to subsections (b) or (c) of said section or files a petition with the court pursuant to section 54-255 of the general statutes for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or the removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.

(c) Upon compliance with the notification requirements of this section, the Department of Correction shall notify, on a form prescribed by the Office of the Chief Court Administrator, the board, agency or court to which the application or petition was made of such compliance.

Sec. 7. Section 17a-601 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of this section, "victim" means a person who is a victim of a [class A, B or C felony] crime, the legal representative of such person or a member of a deceased victim's immediate family.

(b) Any court rendering a judgment of acquittal pursuant to section 53a-13 shall make a specific finding as to whether there is a victim of the act committed by the acquittee and, if so, whether the victim desires notice pursuant to this section. If the court finds that a victim desires notice, it shall notify the victim of any hearing held by the court pursuant to section 17a-582 or 17a-593. The court shall, on committing an acquittee to the jurisdiction of the board, identify the victim to the board and the board shall thereafter make a reasonable effort to notify the victim of any board hearings or orders or of any escape of the acquittee. The victim may appear at any court or board hearing concerning the acquittee to make a statement.

Sec. 8. Section 18-27a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of this section, "victim" means [the victim] a person who is a victim of a crime, the legal representative of [the victim] such person or a member of a deceased victim's immediate family.

(b) At a session held by the Board of Pardons to consider whether to grant a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, to any person convicted of [a class A, B or C felony or a violation of section 53a-60a, 53a-60c, 53a-72b, 53a-103a or 53a-216] any crime, the board shall permit any victim of the crime for which the person was convicted to appear before the board for the purpose of making a statement for the record concerning whether the convicted person should be granted such commutation, release or pardon. In lieu of such appearance, the victim may submit a written statement to the board and the board shall make such statement a part of the record at the session.

(c) If the Board of Pardons is prepared to grant a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, to a person convicted of an offense involving the use, attempted use or threatened use of physical force against another person or resulting in the physical injury, serious physical injury or death of another person, it shall make reasonable efforts to locate and notify any victim of the crime for which such person was convicted prior to granting such commutation, release or pardon and shall permit such victim to appear before the board and make a statement or submit a statement as provided in subsection (b) of this section.

(d) Upon the granting to any person of a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, the Board of Pardons shall forthwith notify the Office of Victim Services of its action.

Sec. 9. Section 54-126a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of this section, "victim" means [the victim] a person who is a victim of a crime, the legal representative of [the victim] such person or a member of [the] a deceased victim's immediate family.

(b) At a hearing held by a panel of the Board of Parole for the purpose of determining the eligibility for parole of an inmate incarcerated for the commission of [a class A, B or C felony or for a violation of section 53a-60a, 53a-60c, 53a-72b, 53a-103a or 53a-216] any crime, such panel shall permit any victim of the crime for which the inmate is incarcerated to appear before the panel for the purpose of making a statement for the record concerning whether the inmate should be released on parole or the nature of any terms or conditions to be imposed upon any such release. In lieu of such appearance, the victim may submit a written statement to the panel and the panel shall make such statement a part of the record at the parole hearing.

Sec. 10. Section 54-91c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of this section, "victim" means a person who is a victim of a [class A, B or C felony or a violation of section 53a-72a or 53a-72b] crime, the legal representative of such person or a member of a deceased victim's immediate family.

(b) Prior to the imposition of sentence upon any defendant who has been found guilty of [a class A, B or C felony or a violation of section 53a-72a or 53a-72b] any crime or has pleaded guilty or nolo contendere to any [class A, B or C felony or a violation of section 53a-72a or 53a-72b] crime and prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state wherein the defendant pleads to a lesser offense than the offense with which such defendant was originally charged, the court shall permit the victim of the crime to appear before the court for the purpose of making a statement for the record, which statement may include the victim's opinion of any plea agreement. In lieu of such appearance, the victim may submit a written statement or, if the victim of the crime is deceased, the legal representative or a member of the immediate family of such crime victim may submit a statement of such deceased crime victim to the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case. Such state's attorney, assistant state's attorney or deputy assistant state's attorney shall file the statement with the sentencing court and the statement shall be made a part of the record at the sentencing hearing. Any such statement, whether oral or written, shall relate to the facts of the case, the appropriateness of any penalty and the extent of any injuries, financial losses and loss of earnings directly resulting from the crime for which the defendant is being sentenced. After consideration of any such statements, the court may refuse to accept, where appropriate, a negotiated plea or sentence, and the court shall give the defendant an opportunity to enter a new plea and to elect trial by jury or by the court.

(c) Prior to the imposition of sentence upon such defendant and prior to the acceptance of a plea pursuant to a plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall advise the victim of such crime of the date, time and place of the original sentencing hearing or any judicial proceeding concerning the acceptance of a plea pursuant to a plea agreement, provided the victim [or, if the victim of the crime is deceased, the legal representative or a member of the immediate family of such deceased crime victim] has informed such state's attorney, assistant state's attorney or deputy assistant state's attorney that such victim wishes to make or submit a statement as provided in subsection (b) of this section and has complied with a request from such state's attorney, assistant state's attorney or deputy assistant state's attorney to submit a stamped, self-addressed postcard for the purpose of such notification. If the state's attorney, assistant state's attorney or deputy assistant state's attorney is unable to notify the victim, [or any family member of such victim if such victim is deceased,] such state's attorney, assistant state's attorney or deputy state's attorney shall sign a statement as to such notification.

(d) Upon the request of a victim, prior to the acceptance by the court of a plea of a defendant pursuant to a proposed plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall provide such victim with the terms of such proposed plea agreement in writing.

(e) The provisions of this section shall not apply to any proceedings held in accordance with section 46b-121 or section 54-76h.

Sec. 11. Subsection (a) of section 52-259a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any member of the Division of Criminal Justice, the Division of Public Defender Services or the Family Division or Support Enforcement Division of the Superior Court, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Public Utility Control, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations, [or] the Office of Protection and Advocacy for Persons with Disabilities or the Office of the Victim Advocate, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in [his] such attorney's official capacity or in the capacity for which [he] such attorney was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259 and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a and subsection (n) of section 46b-231.

Sec. 12. Section 46a-13c of the general statutes is repealed and the following is substituted in lieu thereof:

The Victim Advocate may, within available appropriations:

(1) Evaluate the delivery of services to victims by state agencies and those entities that provide services to victims, including the delivery of services to families of victims by the Office of the Chief Medical Examiner;

(2) Coordinate and cooperate with other private and public agencies concerned with the implementation, monitoring and enforcement of the constitutional rights of victims and enter into cooperative agreements with public or private agencies for the furtherance of the constitutional rights of victims;

(3) Review the procedures established by any state agency or other entity providing services to victims with respect to the constitutional rights of victims;

(4) Receive and review complaints of persons concerning the actions of any state or other entity providing services to victims and investigate those where it appears that a victim or family of a victim may be in need of assistance from the Victim Advocate;

(5) File a limited special appearance in any court proceeding for the purpose of advocating for [a victim:] any right guaranteed to a crime victim by the Constitution of the state or any right provided to a crime victim by any provision of the general statutes;

[(A) The right to notification of court proceedings;

(B) The right to attend the trial and all other court proceedings the accused has the right to attend, unless such person is to testify and the court determines that such person's testimony would be materially affected if such person hears other testimony;

(C) The right to object to or support any plea agreement entered into by the accused and the prosecution and to make a statement to the court prior to the acceptance by the court of the plea of guilty or nolo contendere by the accused;

(D) The right to make a statement to the court at sentencing;

(E) The right to restitution which shall be enforceable in the same manner as any other cause of action or as otherwise provided by law; and

(F) The right to information about the arrest, conviction, sentence, imprisonment and release of the accused;]

(6) Ensure a centralized location for victim services information;

(7) Recommend changes in state policies concerning victims, including changes in the system of providing victim services;

(8) Conduct programs of public education, undertake legislative advocacy, and make proposals for systemic reform;

(9) Monitor the provision of protective services to witnesses by the Chief State's Attorney pursuant to section 54-82t; and

(10) Take appropriate steps to advise the public of the services of the Office of the Victim Advocate, the purpose of the office and procedures to contact the office.

Sec. 13. Subsection (c) of section 53a-28 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) In addition to any sentence imposed pursuant to subsection (b) of this section, if (1) a person is convicted of an offense that resulted in injury to another person or damage to or loss of property, (2) the victim requests financial restitution, and (3) the court finds that the victim has suffered injury or damage to or loss of property as a result of such offense, the court shall order the offender to make financial restitution [if it determines that financial restitution is] under terms that it determines are appropriate. In determining [whether financial restitution is appropriate] the appropriate terms of financial restitution, the court shall consider: [(1)] (A) The financial resources of the offender and the burden restitution will place on other obligations of the offender; [(2)] (B) the offender's ability to pay based on installments or other conditions; [(3)] (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and [(4)] (D) other circumstances, including the financial burden and impact on the victim, that the court determines makes the terms of restitution appropriate. [or inappropriate.] If the court determines that the current financial resources of the offender or the offender's current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms. The court shall articulate its findings on the record with respect to each of the factors set forth in subparagraphs (A) to (D), inclusive, of this subsection. Restitution ordered by the court pursuant to this subsection shall be based on easily ascertainable damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses, but may include the costs of counseling reasonably related to the offense. Restitution ordered by the court pursuant to this subsection shall be imposed or directed by a written order of the court containing the amount of damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury as ascertained by the court. The order of the court shall direct that a certified copy of the order be delivered by certified mail to the victim and contain an advisement to the victim that the order is enforceable as a judgment in a civil action as provided in section 53a-28a.

Sec. 14. Subsection (d) of section 46b-140 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) If the child has engaged in conduct which results in property damage or personal injury, the court may order the child or the parent or parents or guardian of the child, if such parent or parents or guardian had knowledge of and condoned the conduct of the child, or both the child and the parent or parents or guardian, to make [full or partial] restitution to the victim of such offense, provided the liability of such parent or parents or guardian shall be limited to an amount not exceeding the amount such parent or parents or guardian would be liable for in an action under section 52-572. Restitution may consist of monetary reimbursement for the damage or injury, based on the child's or the parent's, parents' or guardian's ability to pay, as the case may be, in the form of a lump sum or installment payments, paid to the court clerk or such other official designated by the court for distribution to the victim.

Sec. 15. (NEW) Any civil action brought against a crime victim, as defined in section 1-1k of the general statutes, by a defendant in a criminal proceeding on account of the exercise or intended exercise by such crime victim of any right guaranteed under the first amendment to the United States Constitution, section 3, 4 or 14 of article first of the constitution of the state or subsection b. of article twenty-ninth of the amendments to the constitution of the state or any right provided to such crime victim by any provision of the general statutes, shall, upon motion of such crime victim, be stayed during the pendency of such criminal proceeding.

Sec. 16. Section 46b-59b of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding any provisions of this chapter, no court shall make an order granting the right of visitation to a parent who has been convicted of murder under section 53a-54a, 53a-54b, 53a-54c or 53a-54d, or in any other jurisdiction, of any crime the essential elements of which are substantially the same as any of such crimes, [of the other parent of the child who is the subject of the visitation order, unless such child] unless the child who is the subject of the visitation order is of sufficient age to signify [his] such child's wishes and [he] such child assents to such order. Until any such visitation order is granted, no person shall visit, with the child present, such parent who has been convicted of murder without the consent of the child's parent, guardian or legal custodian.

Sec. 17. (NEW) Whenever a prosecutorial official, after the investigation of the cause and circumstances of a person's death, declines to criminally prosecute any person in connection with such death, a member of such deceased person's immediate family may file a written complaint with the Chief State's Attorney or the Criminal Justice Commission. Not later than thirty days after the receipt of such complaint, the Chief State's Attorney or the chairperson of the Criminal Justice Commission shall respond in writing to the complainant informing the complainant of the action, if any, said Chief State's Attorney or chairperson has taken or intends to take concerning such matter.

Sec. 18. Section 54-76b of the general statutes is repealed and the following is substituted in lieu thereof:

For the purpose of sections 54-76b to 54-76n, inclusive, "youth" means a minor who has reached the age of sixteen years but has not reached the age of eighteen years or a child who has been transferred to the regular criminal docket pursuant to section 46b-127; and "youthful offender" means a youth who (1) is charged with the commission of a crime which is not a class A felony or a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, [who] except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, (2) has not previously been convicted of a felony or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120, or a youthful offender, or been afforded a pretrial program for accelerated rehabilitation under section 54-56e, and [who] (3) is adjudged a youthful offender pursuant to the provisions of said sections. The Interstate Compact on Juveniles, except the provisions of article four thereof, shall apply to youthful offenders to the same extent as to minors below sixteen years of age.

Sec. 19. Section 54-206 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A victim compensation commissioner may, as part of any order entered under this chapter, determine and allow reasonable attorney's fees, which shall not exceed fifteen per cent of the amount awarded as compensation under section 54-208, to be paid out of but not in addition to the amount of such compensation. No such attorney shall ask for, contract for or receive any larger sum than the amount so allowed.

(b) A victim compensation commissioner may, as part of any order entered under this chapter, determine and allow payment of health care providers, as defined in subdivision (2) of section 20-7f, for health care services rendered to the victim, to be paid directly to the health care provider out of, but not in addition to, the amount of compensation under section 54-208.

Approved July 13, 2001