Sec. 51-279. Duties of Chief State's Attorney. Budget. (a) The Chief State's Attorney, with the advice of the Division of Criminal Justice Advisory Board under section
51-279a, shall administer, direct, supervise, coordinate and control the operations, activities and programs of the division as it shall apply to the Superior Court. He shall: (1)
Establish such bureaus, divisions, facilities and offices, including an appellate unit, a
racketeering and continuing criminal activities unit and a bond forfeiture unit, and select
such professional, technical and other personnel, including chief inspectors, as he deems
reasonably necessary for the efficient operation and discharge of the duties of the division, subject to the personnel policies and compensation plan established by the Department of Administrative Services; (2) adopt and enforce rules and regulations to carry
out the purposes of this chapter; (3) establish guidelines, policies and procedures for
the internal operation and administration of the division which shall be binding on all
division personnel; (4) enter into contracts with consultants and such other persons as
are necessary for the proper functioning of the office; (5) engage in long-range planning
and review policy and legislation concerning the administration of criminal justice in
the state and recommend needed changes and additions thereto; (6) collect statistical
data concerning administration of criminal justice in the state and furnish the data to
the appropriate committee of the General Assembly; (7) conduct research and evaluate
programs within his office; (8) establish staff development, training and education programs designed to improve the quality of the division's services and programs; (9)
coordinate the activities of the division with those of such other state, municipal, regional, federal and private agencies as are concerned with the administration of criminal
justice; (10) be authorized to receive and administer funds from the federal government
or any charitable foundation to assist in the operations of the division; (11) supervise,
approve and issue all orders concerning all purchases of commodities, equipment and
services for the Division of Criminal Justice; (12) supervise the administrative methods
and systems employed in the Division of Criminal Justice; (13) submit to the Department
of Administrative Services for its approval a compensation plan for all employees of
the division, which plan may include sick leave, vacation leave, absences without pay,
longevity payments, increments and all other matters regarding personnel policies and
procedures; (14) establish with the approval of the Department of Administrative Services such job classifications as he deems necessary for the operation of the division;
(15) audit bills to be paid from state appropriations for the expenses of the Division
of Criminal Justice; (16) maintain adequate accounting and budgetary records for all
appropriations by the state for the maintenance of the Division of Criminal Justice and
all other appropriations assigned by the legislature or state budgetary control offices for
administration by the Division of Criminal Justice; (17) serve as payroll officer for the
Division of Criminal Justice; and (18) have such other powers and duties as are reasonably necessary to administer the division and implement the purposes of this chapter.
He shall prepare and submit to the Office of Policy and Management estimates of appropriations necessary for the maintenance of the division and make recommendations with
respect thereto for inclusion as a separate item in the budget request of the Division of
Criminal Justice.
(b) The appropriation to the Division of Criminal Justice shall contain a separate
budgetary allocation to the Division of Criminal Justice divided into the following parts:
Personal services, other expenses and equipment. Expenses of or incurred by the division, including rental of facilities where not otherwise provided by the Commissioner
of Public Works, and expenses of investigation and prosecution, including payment of
witness fees of policemen and expenses of other witnesses summoned by the prosecution, costs of transcripts ordered from court reporters, costs of service of process and
costs of extradition shall be paid from the budget of the division. Notwithstanding the
provisions of section 4-87, or any other statute, no moneys appropriated for the maintenance and operation of the division may be transferred for use for any other purpose of
the Division of Criminal Justice.
(P.A. 73-122, S. 5, 27; P.A. 74-183, S. 50, 291; P.A. 76-111, S. 8; 76-436, S. 568, 681; P.A. 77-614, S. 73, 610; P.A.
81-283, S. 2, 3; P.A. 82-248, S. 138; P.A. 84-406, S. 7, 13; P.A. 87-496, S. 106, 110; P.A. 89-345, S. 4; P.A. 94-164, S.
5, 8; P.A. 04-124, S. 1.)
History: P.A. 74-183 replaced circuit court with court of common pleas, reflecting transfer of circuit court functions
to common pleas court, effective December 31, 1974; P.A. 76-111 substituted chief inspectors and inspectors for detectives
in Subdiv. (1); P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of its functions
to superior court, effective July 1, 1978; P.A. 77-614 replaced public works commissioner with commissioner of administrative services in provision re rental of facilities; P.A. 81-283 added provisions requiring chief state's attorney to (1) administer
federal funds (2) issue all orders re purchases of commodities, equipment and services, (3) audit bills to be paid from state
appropriations, (4) maintain adequate accounting and budgetary records and (5) serve as payroll officer, and substituted
the office of the chief court administrator for the executive secretary for submission of estimates of necessary appropriations;
P.A. 82-248 rephrased the section, replaced "executive secretary of the judicial department" or "executive secretary" with
"office of the chief court administrator" and inserted Subsec. indicators; P.A. 84-406 amended Subsec. (a) by changing
reference to compensation plan established "under section 51-12" to "by the department of administrative services" and
providing that chief state's attorney provide the department of administrative services a compensation plan and job classifications for its approval, changing reference to data furnished to the "office of the chief court administrator" to "appropriate
committee of the general assembly" and changing office to which budget request is submitted from chief court administrator
to policy and management, amended Subsec. (b) to delete provision which had prohibited transfer of moneys appropriated
for "other purposes" of judicial department for use by division and changed references to "judicial department" to "division
of criminal justice" throughout section, effective November 28, 1984, upon certification by secretary of state of vote
on constitutional amendment re state's attorneys; P.A. 87-496 substituted "public works" for "administrative services"
commissioner in Subsec. (b); P.A. 89-345 amended Subsec. (a) by adding provision that chief state's attorney shall administer the division with the advice of the division of criminal justice advisory board, adding requirement that chief state's
attorney establish an appellate unit, and deleted inspectors from list of personnel the chief state's attorney is authorized to
select; P.A. 94-164 amended Subsec. (a) to require establishment of racketeering and continuing activities unit and bond
forfeiture unit, effective July 1, 1994; P.A. 04-124 amended Subsec. (b) to require that expenses of "investigation" and
"expenses" of other witnesses summoned by the prosecution be paid from the division's budget.
Sec. 51-279a. Division of Criminal Justice Advisory Board. Members. Duties.
The Division of Criminal Justice Advisory Board is established, comprised of the Chief
State's Attorney or his designee and the state's attorney for each judicial district or his
designee. The board shall meet at least once a month to advise on state-wide prosecutorial
standards and guidelines and other policy matters, including peer review and resolution
of conflicts. The board shall adopt such rules as it deems necessary for the conduct of
its internal affairs.
(P.A. 89-345, S. 7.)
Sec. 51-279b. Racketeering unit. Bond forfeiture unit. Standards for compromise and settlement of forfeited bonds. (a) The Chief State's Attorney shall establish
a racketeering and continuing criminal activities unit within the Division of Criminal
Justice. Such unit shall be available for the investigation and prosecution of criminal
matters including, but not limited to, the illegal purchase and sale of controlled substances, criminal activity by gangs, fraud, corruption, illegal gambling and the recruitment of persons to carry out such illegal activities.
(b) The Chief State's Attorney shall establish a bond forfeiture unit within the Division of Criminal Justice. Such unit shall be responsible for the collection, in the name
of the state, and by suit when necessary, of all forfeited bonds payable to the state. Such
unit may compromise and settle forfeited bonds for less than the amount thereof without
regard to the expiration of any stay of forfeiture.
(c) The Chief State's Attorney shall develop uniform standards for the compromise
and settlement of forfeited bonds. Such standards shall be applied on a state-wide basis.
(P.A. 94-164, S. 1-3, 8; P.A. 96-169, S. 18; July 21 Sp. Sess. P.A. 97-1, S. 1, 8.)
History: P.A. 96-169 amended Subsec. (d) to add the investigation and prosecution of vendor fraud in programs operated
by the Department of Social Services as a purpose of the allocation of forfeited bonds (Revisor's note: The word "for"
was added editorially by the Revisors before new language to conform added material to existing language); July 21 Sp.
Sess. P.A. 97-1 deleted former Subsecs. (d) and (e) re allocation of funds collected as forfeited bonds, effective July 23,
1997, and applicable to fiscal year commencing July 1, 1997.
Sec. 51-279c. Training program for prosecuting attorneys. The Chief State's
Attorney shall establish a formal training program for all newly-appointed prosecuting
attorneys consisting of not less than five days and an ongoing training program for all
prosecuting attorneys consisting of not less than two days each year. Such training
programs shall commence January 1, 1998.
(P.A. 97-257, S. 11, 13; P.A. 02-89, S. 82.)
History: P.A. 97-257 effective July 1, 1997; P.A. 02-89 deleted as obsolete Subsec. (b) requiring the Chief State's
Attorney to provide a copy of his plan for such training programs to the judiciary committee of the General Assembly not
later than November 1, 1997.
Sec. 51-279d. Hate Crimes Advisory Committee. The Chief State's Attorney
shall establish within the Office of the Chief State's Attorney a Hate Crimes Advisory
Committee to coordinate federal, state and local efforts concerning the enforcement of
laws prohibiting the intimidation of persons on the basis of bigotry or bias and programs
to increase community awareness and reporting of crimes motivated by bigotry or bias
and to combat such crimes, and to make recommendations concerning the training of
police officers relative to such crimes.
(P.A. 00-72, S. 7, 12.)
History: P.A. 00-72 effective July 1, 2001.
Sec. 51-280. Performance rating of state's attorneys. The Chief State's Attorney
and each state's attorney shall prepare a merit and performance rating for each state's
attorney, assistant state's attorney and deputy assistant state's attorney and shall submit
the merit and performance rating 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.
(P.A. 73-122, S. 22, 27; P.A. 76-436, S. 569, 681; P.A. 84-406, S. 8, 13.)
History: P.A. 76-436 deleted reference to prosecuting attorneys and assistant prosecuting attorneys and added reference
to deputy assistant state's attorneys, effective July 1, 1978; P.A. 84-406 added provision that each state's attorney shall
prepare a merit and performance rating and such rating shall be submitted to the criminal justice commission, effective
November 28, 1984, upon certification by secretary of state of vote on constitutional amendment re state's attorneys.
Cited. 217 C. 193, 194.
Sec. 51-281. Jurisdiction of prosecutorial officials. The Chief State's Attorney
and each deputy chief state's attorney, state's attorney, assistant state's attorney and
deputy assistant state's attorney shall be qualified to act in any judicial district in the
state and in connection with any matter regardless of the judicial district where the
offense took place, and may be assigned to act in any judicial district at any time on
designation by the Chief State's Attorney.
(P.A. 73-122, S. 23, 27; P.A. 76-436, S. 570, 681; P.A. 78-280, S. 1, 127; P.A. 84-406, S. 11, 13; P.A. 89-345, S. 5.)
History: P.A. 76-436 included deputy assistant state's attorneys in purview of section and added references to judicial
districts, effective July 1, 1978; P.A. 78-280 deleted references to counties; P.A. 84-406 added "deputy chief state's
attorney", effective November 28, 1984, upon certification by secretary of state of vote on constitutional amendment re
state's attorneys; P.A. 89-345 added chief state's attorney as qualified to act in any judicial district in connection with
any matter.
Secs. 51-282 to 51-284. Prosecuting attorneys; assistants. Term of office of
prosecuting attorneys and assistant prosecuting attorneys. Prosecutors and assistants qualified to act in other counties and district. Sections 51-282 to 51-284, inclusive, are repealed.
(1959, P.A. 28, S. 9; 1972, P.A. 281, S. 21; P.A. 73-122, S. 6, 7, 24, 27; P.A. 74-183, S. 51, 52, 169, 291; P.A. 76-436,
S. 41, 571, 572, 681; P.A. 77-292, S. 2, 3.)
Sec. 51-285. Appointment of special assistant state's attorneys, special juvenile prosecutors and special inspectors. Designation for appointment as special
assistant United States attorney. (a) The Chief State's Attorney may appoint special
assistant state's attorneys, special deputy assistant state's attorneys, special juvenile
prosecutors and special inspectors on a contractual basis for a temporary period of time.
(b) Upon the request of the Attorney General, the Chief State's Attorney may designate any attorney requested by the Attorney General as a special assistant state's attorney
to prosecute any criminal offense, except violations of titles 9, 14, 18, 29, 46a, 53 and
53a, chapters 420b and 420c of title 21a and sections 17b-97 and 17b-99. If such designation of any attorney is denied, the Chief State's Attorney shall state the reasons for such
denial in writing.
(c) The Chief State's Attorney may designate any assistant state's attorney from
the office of the Chief State's Attorney or any other assistant state's attorney on request
of the appropriate state's attorney for appointment as a special assistant United States
attorney to assist in the investigation and prosecution of specific criminal matters in
federal court.
(P.A. 73-122, S. 9, 27; P.A. 76-436, S. 573, 681; P.A. 82-248, S. 139; P.A. 84-406, S. 9, 13; P.A. 00-3.)
History: P.A. 76-436 substituted special deputy assistant state's attorneys for special assistant prosecuting attorneys,
effective July 1, 1978; P.A. 82-248 made minor grammatical correction; P.A. 84-406 changed "appropriate judges" to
"chief state's attorney" and added provisions re (1) designation of attorney requested by attorney general as a special state's
attorney and (2) designation of assistant state's attorney as special assistant United States attorney, effective November
28, 1984, upon certification by secretary of state of vote on constitutional amendment re state's attorneys; P.A. 00-3
amended Subsec. (a) to authorize the appointment of special juvenile prosecutors and special inspectors and amended
Subsec. (c) to make a technical change for purposes of gender neutrality.
Sec. 51-286. Chief inspectors. Inspectors. Assistance of state and local police.
(a) The Chief State's Attorney shall appoint four suitable persons to assist, on a state-wide basis, all the state's attorneys and whose title shall be chief inspector. The Chief
State's Attorney shall appoint such inspectors as the criminal business of the office of
the Chief State's Attorney, in the opinion of the Chief State's Attorney, may require,
and each state's attorney may appoint such inspectors as the criminal business of the
judicial district, in the opinion of the Chief State's Attorney, may require. Each inspector
shall make investigations concerning criminal offenses which the Chief State's Attorney
or the appropriate state's attorney may have reason to believe have been committed or
which may be committed and to assist in all investigations and other matters pertaining
to the criminal business of the office or the judicial district and in procuring evidence for
the state in any criminal matter, provided, to the extent practicable, one of the inspectors
appointed by the Chief State's Attorney shall investigate, and procure evidence in, environmental matters on a full-time basis.
(b) Any person so appointed shall have the same power of arrest within the state as
has any officer of the state police. Any chief inspector or inspector may exercise any
power, authority or privilege that may have been exercised by any county detective prior
to July 1, 1973, or any chief detective or detective in the Division of Criminal Justice
prior to October 1, 1976.
(c) The provisions of chapter 65 and chapter 66 pertaining to disability compensation and death benefits and retirement provisions shall remain in full force and effect
as to chief inspectors and inspectors appointed under the provisions of this section.
(d) This section shall not be construed to limit the authority of the Division of Criminal Justice to require the assistance of state and local police departments in the investigation of any matter with which the division is concerned. If any such assistance is required,
the Division of Criminal Justice shall have primacy concerning any such investigation,
provided the state and local police shall maintain any investigatory authority provided
by law. Any conflict between the Division of Criminal Justice and the state and local
police with respect to any such investigation shall be resolved by the Chief State's
Attorney.
(e) All state and local police, law enforcement and criminal justice agencies shall
cooperate with the division in carrying out the provisions of this chapter and shall provide
such information and assign such personnel as may be required.
(P.A. 73-122, S. 8, 27; P.A. 74-186, S. 5, 12; P.A. 76-111, S. 1; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136;
P.A. 82-248, S. 140; P.A. 86-213, S. 1; 86-403, S. 119, 132; P.A. 89-345, S. 6; P.A. 90-110, S. 2, 3.)
History: P.A. 74-186 specified that chief detectives and detectives have powers exercised by county detectives prior
to July 1, 1973; P.A. 76-111 amended section as necessary to replace chief detectives and detectives with chief inspectors
and inspectors; P.A. 77-614 and 78-303 made state police department a division within the department of public safety,
effective January 1, 1979, but did not change wording of section to reflect the change; P.A. 82-248 rephrased the section
and inserted Subsec. indicators; P.A. 86-213 amended Subsec. (d) by adding provision re primacy of division of criminal
justice and resolution of conflict between division of criminal justice and police re criminal investigation by chief state's
attorney; P.A. 86-403 increased number of chief inspectors from "three" to "four"; P.A. 89-345 amended Subsec. (a) re
appointment of inspectors, providing that the chief state's attorney shall appoint such inspectors as business in office of
chief state's attorney shall require, and each state's attorney shall appoint such inspectors as the business of judicial district
shall require; P.A. 90-110 amended Subsec. (a) to require that, to the extent practicable, one inspector handle environmental
matters full-time.
Subsec. (d):
Cited. 221 C. 300, 305.
Cited. 42 CS 291, 295.
Subsec. (e):
Cited. 221 C. 300, 305.
Cited. 42 CS 291, 295.
Sec. 51-286a. (Formerly Sec. 51-164a). Duties and powers of state's attorneys.
Collection and compromise of fees and costs. Subpoenas. (a) Each state's attorney,
assistant state's attorney and deputy assistant state's attorney shall diligently inquire
after and make appropriate presentment and complaint to the Superior Court of all crimes
and other criminal matters within the jurisdiction of the court or in which the court may
proceed, whether committed before or after his appointment to office.
(b) Such state's attorneys shall collect, in the name of the state, and by suit when
necessary, and may compromise and settle any fees imposed under the provisions of
section 51-56a, any costs imposed under the provisions of section 54-143 or 54-143a
and any surcharge imposed under the provisions of section 13b-70.
(c) Any such state's attorney may issue subpoenas for witnesses to be sworn before
the court in criminal cases.
(1959, P.A. 28, S. 11; P.A. 74-183, S. 61, 291; P.A. 76-236; 76-436, S. 566, 581; P.A. 79-393; P.A. 82-248, S. 141;
P.A. 83-279, S. 2, 4; P.A. 94-135, S. 2; 94-164, S. 4, 8.)
History: P.A. 74-183 replaced circuit court with court of common pleas reflecting transfer of circuit court functions to
common pleas court, effective December 31, 1974; Sec. 51-256 transferred to Sec. 51-164a in 1975; P.A. 76-236 added
proviso re compromise of forfeited bond; P.A. 76-436 replaced the various categories of prosecuting attorneys with categories of state's attorneys and court of common pleas with superior court, reflecting transfer of jurisdiction from common pleas
court to superior court, effective July 1, 1978; Sec. 51-164a transferred to Sec. 51-286a in the 1977 Court Reorganization
Supplement; P.A. 79-393 deleted requirement that court consent to state's attorney's compromise and settlement of bonds
and specified that such compromise and settlement may be made "without regard to the expiration of any stay of forfeiture";
P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 83-279 amended Subsec. (b) by deleting a provision
concerning the filing of a statement by a party seeking the compromise of a forfeited bond, added a new Subsec. (c) re the
collection and compromising of certain fees and costs and redesignated former Subsec. (c) as Subsec. (d); P.A. 94-135
amended Subsec. (c) to authorize collection of surcharge imposed under Sec. 13b-70; P.A. 94-164 deleted former Subsec.
(b) directing state's attorneys to collect forfeited bonds payable to the state and authorizing state's attorneys to compromise
and settle forfeited bonds for less than the amount thereof and relettered remaining Subsecs., effective July 1, 1994.
Cited. 197 C. 507, 514. Cited. 204 C. 156, 176.
Sec. 51-286b. Duties re housing matters. The assistant state's attorney or deputy
assistant state's attorney assigned to handle housing matters may initiate prosecutions
for violations of any state or municipal housing or health law, code or ordinance either
upon the affidavit of an individual complainant or upon complaint from a state or municipal agency responsible for the enforcement of any law, code or ordinance concerning
housing matters.
(P.A. 80-448, S. 7, 8; P.A. 83-295, S. 8.)
History: P.A. 83-295 applied provisions to assistant state's attorneys.
Sec. 51-286c. (Formerly Sec. 54-76). Employment of detectives for special investigation. The state's attorney for any judicial district may employ one or more detectives to investigate for the purpose of discovering the perpetrators of any crime committed within this state, whenever the penalty for such crime is capital punishment or
imprisonment in the Connecticut Correctional Institution, Somers. The expenses incurred in the employment of such detectives shall be paid from the State Treasury on
an order from the state's attorney employing them.
(1949 Rev., S. 8784; P.A. 73-116, S. 6, 34; 73-667, S. 1, 2; P.A. 82-248, S. 142; 82-472, S. 138, 183.)
History: P.A. 73-116 added reference to judicial districts and substituted "Connecticut Correctional Institution, Somers"
for "State Prison"; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; Sec. 54-76 transferred to Sec. 51-286c in 1981; P.A. 82-248 and 82-472 deleted "county or" before "judicial district".
Sec. 51-286d. Notification to families of certain victims of court proceedings.
In any case in which a person has committed an offense, including any motor vehicle
violation, which results in the death of another person, the state's attorney shall identify
and notify a member of the immediate family of the victim or the next of kin of the
victim, if any, of the arraignment of the person accused of the offense or violation. Such
state's attorney shall provide information on the date, time and place of the arraignment
and shall furnish the designated family member or next of kin with the name and telephone number of a person to contact for additional information or for information on
the status of the case.
(P.A. 83-170.)
Sec. 51-286e. Notification of victims of judicial proceedings. (a) For the purposes of this section, "victim" includes the legal representative of the victim or a member
of the deceased victim's immediate family.
(b) The state's attorney for a judicial district wherein an offense has been committed
shall notify any victim of the offense, if such victim has requested notification and
provided the state's attorney with a current address, of any judicial proceedings relating
to his case including (1) the arrest of the defendant, (2) the arraignment of the defendant,
(3) the release of the defendant pending judicial proceedings, and (4) proceedings in
the prosecution of the defendant, including entry of a plea of guilty, trial and sentencing.
(P.A. 85-566, S. 1.)
Subsec. (b):
Description of information that is available to victim of crime committed by adult. 45 CS 315.
Sec. 51-286f. Transcript of sentencing hearing requested by prosecuting official. Copy to Board of Pardons and Paroles. The prosecuting official in a criminal
proceeding shall request that a transcript be prepared of any sentencing hearing at which
a defendant is sentenced to a definite, nonsuspended sentence of more than two years
imprisonment and shall cause a copy of such transcript to be delivered to the Board of
Pardons and Paroles.
(P.A. 97-257, S. 9, 13; P.A. 04-234, S. 2.)
History: P.A. 97-257 effective July 1, 1997; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles,
effective July 1, 2004.
Sec. 51-286g. (Formerly Sec. 54-227a). Transcript of criminal proceeding to
be provided to victim upon request. Whenever a transcript of a criminal proceeding
is prepared, the prosecuting official shall provide a copy of such transcript to any victim
of the crime without charge upon request of such victim.
(P.A. 97-257, S. 10, 13.)
History: P.A. 97-257 effective July 1, 1997; Sec. 54-227a transferred to Sec. 51-286g in 2003.
Secs. 51-286h to 51-286m. Reserved for future use.
Sec. 51-286n. Notification of Department of Public Health of conviction of licensed professionals of certain offenses relating to actual or suspected abuse of
elderly, blind, disabled or mentally retarded persons. (a) For the purposes of this
section, "license" means a license, certificate or permit to engage in a profession issued
by the Department of Public Health.
(b) Whenever a person holding a license is convicted of a violation of subsection
(a) of section 17b-407, subsection (a) of section 17b-451 or section 53a-321, 53a-322
or 53a-323, the appropriate state's attorney or assistant state's attorney shall transmit a
notice of conviction to the Department of Public Health.
(c) The Department of Public Health may suspend or revoke the license of such
person for any period of time or permanently revoke such license, or take any other
action authorized by section 19a-17, in the sole discretion of the department.
(P.A. 03-267, S. 10.)
Sec. 51-287. (Formerly Sec. 51-175a). Retirement of state's attorneys. Retirement salary. Credit for prior service. Return of contributions. (a) Each Chief State's
Attorney, deputy chief state's attorney and state's attorney who elected under the provisions of section 51-278 to be included in the provisions of this section and who has
attained the age of sixty-five or who attains the age of sixty-five while serving in office,
and each such Chief State's Attorney, deputy chief state's attorney and state's attorney,
who has attained the age of sixty and so elects or who so elects on attaining the age of
sixty while so serving, shall receive annually as retirement salary, for each year he has
served in any such office, one-tenth of two-thirds of the salary of the office which he
held at the time of his retirement, as such salary may be changed from time to time; but
in no event more than two-thirds of such salary.
(b) Each such attorney shall, for retirement purposes, be entitled to credit for any
or all the prior years of service accrued by him on July 1, 1978, while serving in the
office of (1) state's attorney, (2) assistant state's attorney, (3) public defender in the
Superior Court, (4) prosecuting attorney in the Court of Common Pleas, (5) chief prosecuting attorney or deputy chief prosecuting attorney, prosecuting attorney or assistant
prosecuting attorney in the Circuit Court, or (6) public defender or assistant public
defender in the Circuit Court, provided such attorney shall pay to the Comptroller five
per cent of the salary for his office for each prior year of service he claims for retirement
credit. Each such attorney shall be entitled to have his retirement contributions to the
state employees retirement system under chapter 66 or to the state's attorneys' retirement
system under this section prior to July 1, 1973, credited toward the payment due for the
prior year or years of service he claims for retirement credit hereunder.
(c) If any such attorney resigns or is removed from office before his retirement
under this section, he shall be entitled to the return of all contributions made by him
under section 51-278, without interest thereon, except that, if the attorney has completed
at least ten years of service creditable under this section, he may, at his option, elect
instead to receive a retirement income on a reduced actuarial basis, as determined by
the Comptroller.
(d) For purposes of determining the retirement salary of each Chief State's Attorney,
deputy chief state's attorney or state's attorney under subsection (a) of this section and
the allowance payable to their surviving spouses under section 51-288, "salary of the
office" shall be composed of the total of the following amounts: The annual salary of
the office which he held at the time of his retirement, as such salary may be changed
from time to time; and for each Chief State's Attorney, deputy chief state's attorney,
and state's attorney to whom a longevity payment has been made or is due and payable,
in each instance under section 51-287a, (1) one and one-half per cent of annual salary,
as such salary may change from time to time, for those who have completed ten or more
but less than fifteen years of service as a Chief State's Attorney, deputy chief state's
attorney, state's attorney or assistant state's attorney, (2) three per cent of annual salary,
as such salary may change from time to time, for those who have completed fifteen or
more but less than twenty years of service as Chief State's Attorney, deputy chief state's
attorney, state's attorney or assistant state's attorney, (3) four and one-half per cent of
annual salary, as such salary may change from time to time, for those who have completed twenty or more but less than twenty-five years of service as a Chief State's Attorney, deputy chief state's attorney, state's attorney or assistant state's attorney, and (4)
six per cent of annual salary, as such salary may change from time to time, for those
who have completed twenty-five or more years of service as a Chief State's Attorney,
deputy chief state's attorney, state's attorney or assistant state's attorney.
(e) Any such attorney who is retired under this section and who is appointed a judge
shall not receive a retirement salary pursuant to this section during the period such retired
attorney serves as a judge.
(1967, P.A. 622, S. 6; 1971, P.A. 71, S. 1; 677, S. 1; P.A. 73-122, S. 10, 27; P.A. 77-576, S. 50, 65; P.A. 78-342, S. 1;
P.A. 82-248, S. 143; P.A. 84-399, S. 10, 17; P.A. 85-517, S. 4, 5; P.A. 94-164, S. 6, 8; P.A. 98-197, S. 7, 8.)
History: 1971 acts allowed state's attorneys credit for retirement for serving as public defender in superior court and
clarified applicability by referring to state's attorneys in office on June 1, 1971, rather than to "incumbent" state's attorneys
and clarifying reference to service accrued on July 1, 1967; P.A. 73-122 applied provisions to chief state's attorneys and
deputy chief state's attorneys, updated applicable dates, allowed credit for service as defender or prosecutor in circuit court,
added reference to prior option of contributing to state's attorneys' retirement system and added exception re retirement after
ten years' service at age sixty; Sec. 51-175a transferred to Sec. 51-287 in 1975; P.A. 77-576 included "chief", "deputy
chief" and "assistant" prosecuting attorneys in Subdiv. (5); P.A. 78-342 removed minimum age requirement of sixty years
in exception added by P.A. 73-122; P.A. 82-248 made minor technical changes and inserted Subsec. indicators; P.A. 84-399 added Subsec. (d) providing that determination of retirement salary, allowance payable to surviving spouses and
definition of "salary of the office" shall include credit for longevity payments; P.A. 85-517 added Subsec. (e) prohibiting
receipt of retirement salary by retired state's attorney during period such retired attorney serves as a judge; P.A. 94-164
amended Subsec. (b) to increase credit for prior years of certain service from service accrued on July 1, 1973, to service
accrued on July 1, 1978, effective July 1, 1994; P.A. 98-197 amended Subsec. (d) by including service as an assistant
state's attorney for longevity purposes, effective July 1, 1998.
See Sec. 5-190a re retirement credit.
See Sec. 51-49 re disability retirement.
Cited. 216 C. 523-525, 529.
Subsec. (c):
Cited. 216 C. 523, 525.
Subsec. (e):
Cited. 216 C. 523-532.
Sec. 51-287a. Longevity payments to Chief State's Attorney, deputy chief
state's attorney and state's attorney. Each Chief State's Attorney, deputy chief state's
attorney and state's attorney who has completed not less than ten years of service as a
prosecutorial official, shall receive semiannual longevity payments based on such service completed as of the first day of July and the first day of January of each year, as
follows:
(1) Each Chief State's Attorney, deputy chief state's attorney or state's attorney
who has completed ten or more years but less than fifteen years of service shall receive
one-quarter of three per cent of the annual salary of his office.
(2) Each Chief State's Attorney, deputy chief state's attorney or state's attorney
who has completed fifteen or more years but less than twenty years of service shall
receive one-half of three per cent of the annual salary of his office.
(3) Each Chief State's Attorney, deputy chief state's attorney or state's attorney
who has completed twenty or more years but less than twenty-five years of service shall
receive three-quarters of three per cent of the annual salary of his office.
(4) Each Chief State's Attorney, deputy chief state's attorney or state's attorney
who has completed twenty-five or more years of service shall receive three per cent of
the annual salary of his office.
(P.A. 84-399, S. 8, 17; P.A. 93-435, S. 24, 95.)
History: P.A. 93-435 made a technical change, effective June 28, 1993.
Sec. 51-287b. Deductions from longevity payment deposited in State's Attorneys' Retirement Fund. There shall be deducted and withheld from the longevity payable under section 51-287a to each Chief State's Attorney, deputy chief state's attorney
and state's attorney who is included in the provisions of section 51-287 a sum equal to
five per cent of the longevity payment. The sum deducted and withheld shall be deposited
to the State's Attorneys' Retirement Fund.
(P.A. 84-399, S. 9, 17; P.A. 00-196, S. 37.)
History: P.A. 00-196 made a technical change.
Sec. 51-288. (Formerly Sec. 51-175b). Pension for widow of state's attorney.
Each widow of a Chief State's Attorney, deputy chief state's attorney or state's attorney
who elected under the provisions of section 51-278 to be included within the provisions
of this section, if such attorney died while holding such office or after his retirement
under section 51-49 or 51-287, shall receive, monthly, an allowance equal to thirty-three and one-third per cent of the salary of the office which her husband held at the
time of his death or retirement, as such salary may be changed from time to time. If
such attorney leaves no widow, or if she dies before the youngest child of such attorney
reaches the age of eighteen, such pension shall be payable, until such child reaches the
age of eighteen, to his guardian, for the support of such child and any other children of
such attorney under the age of eighteen.
(1967, P.A. 622, S. 7; P.A. 73-122, S. 12, 27.)
History: P.A. 73-122 clarified applicability, substituting "chief state's attorney, deputy chief state's attorney or state's
attorney who elected ... to be included within the provisions of this section" for "state's attorney"; Sec. 51-175b transferred
to Sec. 51-288 in 1975.