Sec. 54-211. When no order of payment shall be made. Waiver of time limitation, when. (a)(1) No order for the payment of compensation shall be made under section
54-210 unless the application has been made within two years after the date of the
personal injury or death, and the personal injury or death was the result of an incident
or offense listed in section 54-209 which has been reported to the police within five
days of its occurrence or, if the incident or offense could not reasonably have been
reported within such period, within five days of the time when a report could reasonably
have been made. (2) Notwithstanding the provisions of subdivision (1) of this subsection,
any person who fails to make application for compensation within two years after the
date of the personal injury or death as a result of physical, emotional or psychological
injuries caused by such personal injury or death may apply for a waiver of such time
limitation, provided in no event may such application for waiver of the time limitation
be filed later than six years after the date of such personal injury or death. The Office
of Victim Services, upon a finding of such physical, emotional or psychological injury,
may grant such waiver. (3) Notwithstanding the provisions of subdivision (1) of this
subsection, any minor who fails to make application for compensation within two years
after the date of the personal injury or death through no fault of the minor, may apply
for a waiver of such time limitation, provided in no event may such application be filed
later than two years after such minor attains the age of majority, or seven years after
the date of the personal injury or death, whichever is sooner. The Office of Victim
Services, upon a finding that such minor is not at fault, may grant such waiver. (4)
Notwithstanding the provisions of subdivision (1) of this subsection, a person who is a
dependent of a victim may make application for payment of compensation not later than
two years from the date that such person discovers or in the exercise of reasonable care
should have discovered that the person upon whom the applicant was dependent was a
victim or ninety days after May 26, 2000, whichever is later. Such person shall file with
such application a statement signed under penalty of false statement setting forth the
date when such person discovered that the person upon whom the applicant was dependent was a victim and the circumstances that prevented such person discovering that
the person upon whom the applicant was dependent was a victim until more than two
years after the date of the incident or offense. There shall be a rebuttable presumption
that a person who files such a statement and is otherwise eligible for compensation under
this chapter is entitled to compensation. (5) Any waiver denied by the Office of Victim
Services under this subsection may be reviewed by a victim compensation commissioner, provided such request for review is made by the applicant within thirty days
from the mailing of the notice of denial by the Office of Victim Services. If a victim
compensation commissioner grants such waiver the commissioner shall refer the application for compensation to the Office of Victim Services for a determination pursuant
to section 54-205.
(b) No compensation shall be awarded if: (1) The offender is unjustly enriched by
the award, provided compensation awarded to a victim which would benefit the offender
in a minimal or inconsequential manner shall not be considered unjust enrichment; (2)
the victim violated a penal law of this state, which violation caused or contributed to
his injuries or death.
(c) No compensation shall be awarded for losses sustained for crimes against property or for noneconomic detriment such as pain and suffering.
(d) No compensation shall be awarded for the first hundred dollars of injury sustained and no such compensation shall be in an amount in excess of fifteen thousand
dollars except that such compensation to or for the benefit of the dependents of a homicide victim shall be in an amount not to exceed twenty-five thousand dollars. The claims
of the dependents of a deceased victim, as provided in section 54-208, shall be considered
derivative of the claim of such victim and the total compensation paid for all claims
arising from the death of such victim shall not exceed a maximum of twenty-five thousand dollars.
(e) Orders for payment of compensation pursuant to this chapter may be made only
as to injuries or death resulting from incidents or offenses arising on and after January
1, 1979, except that orders for payment of compensation pursuant to subdivision (3) of
subsection (a) of section 54-209 may be made only as to injuries or death resulting from
incidents or offenses arising on and after July 1, 1985.
(f) Compensation shall be awarded pursuant to this chapter for bodily injury or death
resulting from a crime which occurs (1) within this state, regardless of the residency of
the applicant; (2) outside this state but within the territorial boundaries of the United
States, provided the victim, at the time of injury or death, was a resident of this state
and the state in which such crime occurred does not have a program for compensation
of victims for which such victim is eligible; and (3) outside the territorial boundaries
of the United States, provided the applicant is a victim of international terrorism, as
defined in Section 2331 of Title 18 of the United States Code, and was a resident of this
state at the time of injury or death.
(P.A. 78-261, S. 11, 17; P.A. 81-23, S. 1; P.A. 82-397, S. 4, 7; P.A. 85-529, S. 3, 4; 85-538, S. 3; P.A. 87-554, S. 10;
P.A. 90-22, S. 1; 90-279, S. 1; P.A. 93-310, S. 10, 32; P.A. 95-175, S. 7; P.A. 97-59, S. 2, 4; P.A. 00-110, S. 1, 2.)
History: P.A. 81-23 added Subsec. (e) prohibiting compensation to nonresident victims unless a reciprocal victim
compensation provision has been enacted in the state in which the victim is a resident; P.A. 82-397 amended Subsec. (a)
by deleting provision prohibiting compensation award if victim is relative of offender or living with offender as member
of family or household or maintaining a sexual relationship with offender or member of family of offender and added
prohibition of compensation to victim if offender benefits or if victim was living with offender by mutual consent in
relationship of cohabitation, regardless of legal status, and amended Subsec. (c) by deleting requirement that all payments
be made in a lump sum; P.A. 85-529 amended Subsec. (d) by providing that compensation pursuant to Subdiv. (3) of
Subsec. (a) of Sec. 54-209 is limited to incidents or offenses arising on and after July 1, 1985; P.A. 85-538 amended Subsec.
(b) adding "unless the parties have separated, are no longer in a relationship of cohabitation and there is no expectation
that the parties will resume a relationship of cohabitation in the future, and deleted Subsec. (e) which required reciprocity
for nonresident victim; P.A. 87-554 amended Subsec. (c) by (1) increasing maximum compensation to fifteen thousand
dollars, except that the maximum compensation for dependents of homicide victim shall be twenty-five thousand dollars
and (2) providing that claims of dependents of deceased victim shall be considered derivative of claim of victim and total
of all claims shall not exceed twenty-five thousand dollars, and amended Subsec. (e) re compensation for bodily injury or
death from crime occurring in this state, regardless of residency of the applicant; P.A. 90-22 amended Subsec. (b) by adding
provisions prohibiting compensation if offender may be unjustly enriched and amended Subsec. (e) by authorizing award
of compensation to resident victim of a crime committed outside the state; P.A. 90-279 amended Subsec. (a) by permitting
application for and granting of waiver of time limitation for benefits if failure to file within two-year period was a result
of (1) physical, emotional or psychological injuries or (2) the negligence of the parent, guardian or custodian of a minor
who failed to file within the two-year period; P.A. 93-310 changed "commission" to "office of victim services", added
provision re review of denial of waiver, deleted provision in Subsec. (b) re investigation where unjust enrichment, added
provision prohibiting compensation for crimes against property or for noneconomic detriment such as pain and suffering
and made technical changes, effective July 1, 1993; P.A. 95-175 amended Subsec. (a) by replacing failure to make application through "negligence of the parent, guardian or custodian" of a minor with failure to apply "through no fault of" the
minor; P.A. 97-59 amended Subsec. (a) by changing "fourteen" days from the mailing of the notice of denial to "thirty"
days from such mailing, amended Subsec. (f) by adding "but within the territorial boundaries of the United States" to
Subdiv. (2) and added Subdiv. (3) re crime outside territorial boundaries provided applicant is victim of international
terrorism and resident of state at time of injury or death, effective May 8, 1997; P.A. 00-110 amended Subsec. (a) to add
new Subdiv. (4) re time limitation and procedure for a person to make application for compensation upon discovering that
the person upon whom the applicant was dependent was a victim and to redesignate former Subdiv. (4) as Subdiv. (5),
effective May 26, 2000.
Sec. 54-211a. Appeal. Any applicant aggrieved by an order or decision of a victim
compensation commissioner may appeal by way of a demand for a trial de novo to the
superior court for the judicial district of Hartford. The appeal shall be taken within thirty
days after mailing of the order or decision, or if there is no mailing, within thirty days
after personal delivery of such order or decision.
(P.A. 82-397, S. 3, 7; P.A. 87-554, S. 11; P.A. 88-230, S. 1, 12; 88-364, S. 72, 123; P.A. 90-98, S. 1, 2; P.A. 93-142,
S. 4, 7, 8; 93-310, S. 11, 32; P.A. 95-220, S. 4-6.)
History: P.A. 87-554 changed "board" to "commission"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364 made technical changes; P.A. 90-98
changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the
effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-310 changed
"commission" to "victim compensation commissioner" and added provision re appeal by way of trial de novo and requirement that appeal be taken within thirty days, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Court lacked subject matter jurisdiction to hear administrative appeal and lacked authority to enter order to pay plaintiff's
medical expenses where plaintiff failed to comply strictly with provisions of section and did not take appeal until approximately 210 days after receiving notice of commissioner's decision. 61 CA 151.
Sec. 54-212. Office of Victim Services to have subrogated cause of action
against person responsible for crime. (a) Whenever an order for the payment of compensation for personal injury or death or for the provision of restitution services is or
has been made under this chapter, the Office of Victim Services shall, upon payment
of the amount of the order or the provision of such services, be subrogated to the cause
of action of the applicant against the person or persons responsible for such injury or
death. The Attorney General, on behalf of the Office of Victim Services, shall be entitled
to bring an action and, if the Attorney General declines to do so, the office may hire a
private attorney to bring an action against such person or persons and to recover, whether
by judgment, settlement or compromise settlement before or after judgment, the amount
of damages sustained by the applicant and shall furnish the applicant with a copy of the
action taken within thirty days of the filing of such action. If an amount greater than
two-thirds of that paid pursuant to any such order is recovered and collected in any
such action, whether by judgment, settlement or compromise settlement before or after
judgment, the state shall pay the balance exceeding two-thirds of the amount paid pursuant to such order to the applicant less any costs and expenses incurred therefor.
(b) If the applicant brings an action against the person or persons responsible for
such injury or death to recover damages arising out of the crime for which an award has
been granted, the Office of Victim Services shall have a lien on the applicant's recovery
for the amount to which the office is entitled to reimbursement. The applicant shall
notify the Office of Victim Services of the filing of such complaint within thirty days
of the filing of the complaint in court. Whenever an applicant recovers damages, whether
by judgment, settlement or compromise settlement before or after judgment, from the
person or persons responsible for such injury, the Office of Victim Services is entitled
to reimbursement from the applicant for two-thirds of the amount paid pursuant to any
order for the payment of compensation for personal injury or death or for the provision
of restitution services.
(c) Notwithstanding the provisions of subsection (a) of this section, if the Office of
Victim Services finds that enforcement of its subrogation rights would cause undue harm
to the applicant, the office may abrogate such rights. Notwithstanding the provisions of
subsection (b) of this section, if the Office of Victim Services finds that enforcement
of its lien rights would cause undue harm to the applicant, the office may abrogate such
rights. "Undue harm" includes, but is not limited to, considerations of victim safety and
recovery by the applicant of an amount that is less than the applicant's compensable
economic losses.
(P.A. 78-261, S. 12, 17; P.A. 79-505, S. 6, 7; P.A. 81-149; P.A. 82-397, S. 5, 7; P.A. 85-538, S. 4; P.A. 87-554, S. 12;
P.A. 93-310, S. 12, 32; P.A. 95-175, S. 8.)
History: P.A. 79-505 added references to orders for provision of restitution services; P.A. 81-149 provided that if an
amount greater than two-thirds of restitution payment is recovered by judgment or settlement, the state shall pay the excess
to the applicant, less any costs and expenses, where previously the excess was paid to applicant when any amount greater
than that paid was recovered; P.A. 82-397 enabled board to recover, whether by judgment settlement or compromise
settlement before or after judgment the amount of damages sustained by applicant and to contract with private attorneys
to undertake subrogation actions on its behalf and deleted provision re payment by state of balance exceeding two-thirds
of amount paid pursuant to order; P.A. 85-538 added provision that if an amount greater than two-thirds of order is recovered,
the state shall pay balance exceeding two-thirds to the applicant less costs and expenses, and added Subsec. (b) stating
whenever applicant recovers damages, the board is entitled to two-thirds of amount paid pursuant to order; P.A. 87-554
changed "board" to "commission" and amended Subsec. (a) by adding provision requiring commission to furnish applicant
with copy of action to recover damages within thirty days of filing such action and requiring applicant who brings any
such action to provide similar notice to commission; P.A. 93-310 changed "commission" to "office of victim services"
and "the attorney general, on behalf of the office of victim services", added provision that if attorney general declines to
bring an action, the office of victim services may hire private attorney to bring action, and made technical changes, effective
July 1, 1993; P.A. 95-175 amended Subsec. (b) by adding provision re lien by Office of Victim Services on applicants
recovery and added Subsec. (c) re abrogation of subrogation and lien rights if it would cause undue harm to the applicant.
Sec. 54-213. Award not subject to execution or attachment. No award made
pursuant to this chapter shall be subject to execution or attachment other than for expenses resulting from the injury which is the basis for the claim.
(P.A. 78-261, S. 13, 17.)
Sec. 54-214. Annual report to legislature and to appropriations committee.
Section 54-214 is repealed, effective July 1, 1993.
(P.A. 78-261, S. 14, 17; P.A. 82-397, S. 2, 7; P.A. 84-179; P.A. 85-609, S. 5; P.A. 87-554, S. 13; P.A. 92-153, S. 4;
P.A. 93-310, S. 31, 32.)
Sec. 54-215. Criminal Injuries Compensation Fund. (a) The Office of Victim
Services shall establish a Criminal Injuries Compensation Fund for the purpose of funding the compensation and restitution services provided for by this chapter. The fund
may contain any moneys required by law to be deposited in the fund and shall be held
by the Treasurer separate and apart from all other moneys, funds and accounts. The
interest derived from the investment of the fund shall be credited to the fund. Amounts
in the fund may be expended only pursuant to appropriation by the General Assembly.
Any balance remaining in the fund at the end of any fiscal year shall be carried forward
in the fund for the fiscal year next succeeding.
(b) The cost paid into court under section 54-143 shall be deposited in the General
Fund and shall be credited to and become a part of the Criminal Injuries Compensation
Fund. Any restitution collected by the Court Support Services Division pursuant to
section 46b-140, 53a-30 or 54-56e which is not disbursed within five years after the date
such restitution is collected, because the victim could not be located, shall be deposited in
the Criminal Injuries Compensation Fund. Any restitution collected pursuant to section
46b-140 or 54-56e on or before May 8, 1997, that has not been disbursed as of October
1, 2003, shall be deposited in the fund. If payment is awarded under section 54-210 and
thereafter the court orders the defendant in the criminal case from which such injury or
death resulted to make restitution, any money collected as restitution shall be paid to
the fund unless the court directs otherwise. The Office of Victim Services may apply
for and receive moneys for the fund from any federal, state or private source.
(c) Any administrative costs related to the operation of the Criminal Injuries Compensation Fund, including credits to and payments of compensation therefrom, shall be
paid from the fund. Administrative costs of providing direct services, the proportionate
share of any fixed costs associated with such services, the costs of providing direct
services to victims and witnesses of crimes in accordance with subdivision (6) of subsection (b) of section 54-203, and any services offered by the Office of Victim Services to
witnesses and victims of crime may be budgeted for payment from the fund.
(P.A. 78-261, S. 16, 17; P.A. 79-505, S. 2, 7; P.A. 80-390, S. 3, 5; P.A. 82-397, S. 6, 7; P.A. 86-312, S. 13, 21; P.A.
87-554, S. 14; P.A. 92-153, S. 5; May Sp. Sess. P.A. 92-14, S. 6, 11; P.A. 93-310, S. 13, 32; P.A. 97-59, S. 3, 4; P.A. 02-132, S. 50; P.A. 03-189, S. 3; 03-278, S. 112.)
History: P.A. 79-505 added reference to restitution services and deleted provision requiring termination of fund on
June 30, 1979, and transfer of remaining moneys to general fund; P.A. 80-390 deleted specific reference to ten-dollar cost
under Sec. 54-143, that amount having been increased and specified that costs of services to witnesses and crime victims
are to be paid from fund; P.A. 82-397 included cost of encouraging volunteer activities on board's behalf as administrative
cost and required board to invest balance of fund in short term investment fund, with any interest earned deposited in
criminal injuries compensation fund, effective July 1, 1983; P.A. 86-312 changed criminal injuries compensation "fund"
to a separate nonlapsing "account" within the general fund; P.A. 87-554 changed "board" to "commission" and authorized
commission to apply for and receive state funds; P.A. 92-153 changed "account" to "fund" and provided that amounts in
fund may be expended only pursuant to appropriation by the general assembly, and deleted costs of volunteer activities
and costs of services to witnesses and victims of crime from payments to be made from the fund; May Sp. Sess. P.A. 92-14 added provision that administrative costs of direct services and proportionate share of fixed costs for such services to
witnesses and victims of crime may be paid from the fund; P.A. 93-310 changed "commission on victim services" to
"office of victim services", effective July 1, 1993; (Revisor's note: In 1995, a reference to "said account" was changed
editorially by the Revisors to "said fund" to reflect the changes enacted by P.A. 92-153); P.A. 97-59 added provision re
deposit into fund of restitution collected by Office of Adult Probation and not disbursed to victim and added provision re
payment of costs of providing direct services to victims and witnesses of crime from fund, effective May 8, 1997; P.A.
02-132 replaced "Office of Adult Probation" with "Court Support Services Division" and made technical changes; P.A.
03-189 divided existing provisions into Subsecs. (a) to (c), added provisions re restitution collected pursuant to Secs. 46b-140 and 54-56e, re deposit of such restitution into the fund and re disbursement within five years after the date restitution
is collected in Subsec. (b) and made technical changes; P.A. 03-278 made technical changes, effective July 9, 2003.
Sec. 54-216. Restitution services. (a) The Office of Victim Services or, on review,
a victim compensation commissioner may order that services be provided for the restitution of any person eligible for such services in accordance with the provisions of this
chapter. Such services may include but shall not be limited to medical, psychiatric,
psychological and social services and social rehabilitation services.
(b) The Office of Victim Services or, on review, a victim compensation commissioner may order that such restitution services be provided to victims of child abuse and
members of their families, victims of sexual assault and members of their families and
members of the family of any victim of homicide.
(c) The Office of Victim Services may contract with any public or private agency
for any services ordered under this section.
(P.A. 79-505, S. 3, 7; P.A. 85-538, S. 1; P.A. 87-554, S. 15; P.A. 93-310, S. 14, 32; P.A. 95-175, S. 9.)
History: P.A. 85-538 inserted new Subsec. (b) re restitution services to victims of child abuse and their families and
members of the family of any victim of homicide, relettering former Subsec. (b) accordingly; P.A. 87-554 replaced "board"
with "commission"; P.A. 93-310 changed "commission" to "office of victim services or, on review, a victim compensation
commissioner", effective July 1, 1993; P.A. 95-175 amended Subsec. (b) by including victims of sexual assault and members
of their families.
Sec. 54-217. Emergency award pending final determination on claim. Notwithstanding the provisions of sections 54-204 and 54-205, if it appears to the Office
of Victim Services, prior to taking action upon a claim, that such claim is one with
respect to which an award probably will be made and undue hardship will result to the
claimant if immediate payment is not made, the Office of Victim Services may make
an emergency award to the claimant pending a final determination on the claimant's
application, provided (1) the amount of such emergency award shall not exceed two
thousand dollars, (2) the amount of such emergency award shall be deducted from any
final award made to the claimant, and (3) the excess of the amount of such emergency
award over the final award, or the full amount of the emergency award if no final award
is made, shall be repaid by the claimant to the Office of Victim Services.
(P.A. 79-505, S. 5, 7; P.A. 87-554, S. 16; P.A. 90-22, S. 2; P.A. 93-310, S. 15, 32; P.A. 03-189, S. 4.)
History: P.A. 87-554 changed "board" to "commission"; P.A. 90-22 increased maximum amount of emergency award
from five hundred to one thousand dollars; P.A. 93-310 changed "commission on victim services" to "office of victim
services", effective July 1, 1993; P.A. 03-189 increased maximum amount of emergency award from one thousand to two
thousand dollars and made technical changes.
Sec. 54-218. Profits derived as result of crime of violence. Recovery of money
judgment by victim. Payment to Criminal Injuries Compensation Fund. (a) Any
person, firm, corporation, partnership, association or other legal entity contracting with
any person or the representative or assignee of any person accused of a crime of violence
in this state, with respect to the reenactment of such crime, by way of a movie, book,
magazine article, radio or television presentation, live entertainment of any kind, or
from the expression of such person's thoughts, feelings, opinions or emotions regarding
such crime, shall pay over to the Office of Victim Services any moneys which would
otherwise, by terms of such contract, be owing to the persons so accused or the accused's
representatives. The Office of Victim Services shall deposit such moneys in an interest-bearing escrow account for the benefit of and payable to such accused person for the
expenses of his or her defense and any victim of a crime of violence committed by
such person, provided such person is finally convicted of a crime of violence for which
compensation may be paid and, provided further such victim brings a civil action in a
court of competent jurisdiction within five years of the date of the crime and recovers
a money judgment against such person or his or her representatives. Any covenant,
promise, agreement or understanding entered into or in connection with or collateral to
a contract or agreement relative to the payment of any person accused or convicted
of a crime of violence which attempts to circumvent the provisions of this section is
prohibited.
(b) If no victim brings a civil action within five years of the date of the crime and
recovers a money judgment, the moneys in any such escrow account shall be paid to
the Criminal Injuries Compensation Fund established under section 54-215. If there is
an affirmative finding that the person accused of the crime is not guilty within such five-year period, the money in any such escrow account shall be returned to such person.
(P.A. 82-328; P.A. 93-310, S. 16, 32; P.A. 95-175, S. 11.)
History: P.A. 93-310 deleted "clerk of the court of the judicial district in which the crime is alleged to have been
committed" to the "office of victim services" and made technical changes, effective July 1, 1993; P.A. 95-175 amended
Subsec. (b) by adding provision re return of money if affirmative finding that person accused of crime is not guilty.
Sec. 54-219. Victim Services Technical Assistance Fund. Section 54-219 is repealed.
(P.A. 85-609, S. 3; P.A. 88-185, S. 1, 2; P.A. 92-153, S. 13.)
Sec. 54-220. Victim advocates. Responsibilities and duties. (a) Victim advocates shall have the following responsibilities and duties: (1) To provide initial screening
of each personal injury case; (2) to assist victims in the preparation of victim impact
statements to be placed in court files; (3) to notify victims of their rights and request
that each victim attest to the fact of such notification of rights on a form developed by
the Office of the Chief Court Administrator, which form shall be signed by the victim
advocate and the victim and be placed in court files and a copy of which form shall be
provided to the victim; (4) to provide information and advice to victims in order to assist
such victims in exercising their rights throughout the criminal justice process; (5) to
direct victims to public and private agencies for service; (6) to coordinate victim applications to the Office of Victim Services; and (7) to assist victims in the processing of
claims for restitution.
(b) Within available appropriations, the Office of Victim Services may contract
with any public or private agency for victim advocate services in geographical area
courts.
(P.A. 85-609, S. 2; P.A. 87-554, S. 1; P.A. 93-310, S. 17, 32; P.A. 95-175, S. 10; P.A. 03-179, S. 3.)
History: (Revisor's note: In 1991 the term "commission on victim services" was substituted editorially for "criminal
injuries compensation board" pursuant to public act 87-554); P.A. 93-310 amended Subdiv. (3) by deleting "prosecutors
by gathering victim or witness" and inserting "victims by providing", amended Subdiv. (4) by deleting requirement of
counsel, and amended Subdiv. (6) by changing "commission" to "office of victim services", effective July 1, 1993; P.A.
95-175 amended Subsec. (a) by adding Subdiv. (7) re assistance of victims in processing claims for restitution and added
Subsec. (b) re contracting with public or private agency for victim advocates in geographical area courts; P.A. 03-179
amended Subsec. (a) by replacing "prepare" with "assist victims in the preparation of" in Subdiv. (2), replacing provision
re providing information needed for processing of cases with provisions re notification of rights and attestation on form
in Subdiv. (3), and deleting reference to "individual" and adding provision re assisting victims in exercising their rights
throughout the criminal justice process in Subdiv. (4).
Sec. 54-221. Appointment of advocates for victims of crime by court. The court
may appoint any appropriate person to act as an advocate for any victim of a crime. The
court shall not appoint an advocate under this section unless the victim agrees to such
appointment.
(P.A. 85-538, S. 2.)
Sec. 54-222. Bilingual brochure re rights of victims and victim services. The
Office of the Chief Court Administrator shall develop a concise, bilingual card or brochure concerning information to victims of crime concerning their rights as victims and
any services available to them. The Office of Victim Services shall distribute such cards
or brochures to municipalities and the state police who shall distribute such cards or
brochures to crime victims.
(P.A. 85-609, S. 4; P.A. 87-554, S. 1; P.A. 93-310, S. 18, 32.)
History: (Revisor's note: In 1991 the term "commission on victim services" was substituted editorially for "criminal
injuries compensation board" and "commission" for "board" pursuant to public act 87-554); P.A. 93-310 changed reference
to "commission on victim services" to "office of the chief court administrator", changed "commission" to "office of victim
services" and added "and the state police" after "municipalities", effective July 1, 1993.
Sec. 54-222a. Duty of peace officer to inform victim re victim services at scene
of crime. (a) Whenever a peace officer determines that a crime has been committed,
such officer shall render immediate assistance to any victim of such crime including
obtaining medical assistance for any such victim if such assistance is required, shall
present a card prepared by the Office of the Chief Court Administrator to a victim who
has suffered physical injury informing the victim of services available and the rights of
victims in this state and shall refer the victim to the Office of Victim Services for additional information on rights and services.
(b) The Commissioner of Public Safety shall adopt regulations in accordance with
chapter 54 to implement the provisions of subsection (a) of this section.
(P.A. 88-260; P.A. 93-310, S. 19, 32.)
History: P.A. 93-310 changed "commission on victims services" to "office of chief court administrator" and changed
"said commission" to "the office of victim services", effective July 1, 1993.
Sec. 54-223. Failure to afford rights to victim shall not constitute grounds for
vacating conviction or voiding sentence or parole determination. Failure to afford
the victim of a crime any of the rights provided pursuant to any provision of the general
statutes shall not constitute grounds for vacating an otherwise lawful conviction or voiding an otherwise lawful sentence or parole determination.
(P.A. 86-401, S. 3, 7.)
Sec. 54-224. Liability of state re failure to afford rights to victim. Except as
provided in subsection (d) of section 46b-38b, the state or any agent, employee or officer
thereof shall not be liable for (1) the failure to afford the victim of a crime any of the
rights provided pursuant to any provision of the general statutes or (2) the failure to
provide the victim of a crime with any notice pursuant to any provision of the general
statutes.
(P.A. 86-401, S. 4, 7; P.A. 93-310, S. 20, 32.)
History: P.A. 93-310 inserted "Except as provided in subsection (d) of section 46b-38b, the", added Subdiv. indicators,
designating as Subdiv. (2) new provision re failure to provide notice to victim, effective July 1, 1993.
Sec. 54-225. Voluntary program for lawyers for protection of persons injured
in person or property by civil wrong. There shall be a program for the protection of
persons injured in person or property by a civil wrong. Lawyers may voluntarily participate in such program. Under the program, a lawyer shall inform any person injured in
person or property by a civil wrong of his right to (1) bring an action to recover damages
for such injury within the time limited by law, (2) the competent assistance of counsel,
(3) notification of all court proceedings concerning his action, (4) full compensation for
his injury, and (5) a written list of the rights of civil victims and the agencies or programs
available to assist such victims. No lawyer who participates in such program or any law
firm with which he is associated may solicit, accept or agree to accept any compensation
from any such victim.
(P.A. 87-514, S. 2, 4.)
Sec. 54-226. Definitions. For the purposes of sections 54-226 to 54-231, inclusive,
"furlough" means the temporary custodial transfer of an inmate from incarcerative custody to community custody for an authorized purpose under the supervision of a verified
community sponsor, and "victim" means the victim, the legal representative of the victim
or a member of the deceased victim's immediate family.
(P.A. 91-389, S. 1, 12; P.A. 92-153, S. 8.)
History: P.A. 91-389, S. 1 effective April 1, 1992; P.A. 92-153 added definition of "furlough".
Sec. 54-227. Notification of Office of Victim Services and Department of Correction by inmate or sexual offender seeking release or other relief. (a) Any inmate
who makes an application to the Board of Pardons and Paroles 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.
(c) Notwithstanding any provision of the general statutes to the contrary, the Board
of Pardons and Paroles, 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 said office's and department's duties regarding victim
notification.
(P.A. 91-389, S. 2, 12; P.A. 92-153, S. 9; P.A. 93-310, S. 21, 32; P.A. 96-97, S. 3; P.A. 01-211, S. 3; P.A. 04-234, S. 2.)
History: P.A. 91-389, S. 2 effective April 1, 1992; P.A. 92-153 added phrase "other than a furlough"; P.A. 93-310
changed "commission on victim services" to "office of victim services", effective July 1, 1993; P.A. 96-97 added Subsec.
(b) permitting Board of Pardons, Board of Parole, sentencing court and sentence review division to allow Office of Victim
Services direct access to records; P.A. 01-211 amended Subsec. (a) to require the inmate to also notify the Department of
Correction of such application, added new Subsec. (b) to require any person who files an application to be exempted from
the registration requirements of Sec. 54-251 or who files a petition pursuant to Sec. 54-255 for order restricting dissemination
of registration information or removing such restriction to notify the Office of Victim Services and the Department of
Correction of the filing of such application or petition and to prohibit the consideration of such application or petition
unless such notice has been given and redesignated existing Subsec. (b) as Subsec. (c) and amended to allow the Department
of Correction direct access to records in the custody of the specified agencies; P.A. 04-234 replaced Board of Pardons and
Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.
Sec. 54-227a. Transferred to Chapter 886, Sec. 51-286g.
Sec. 54-228. Request by victim or family member of inmate for notification.
(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 and
Paroles, 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.
(P.A. 91-389, S. 3, 12; P.A. 92-153, S. 10; P.A. 93-219, S. 13, 14; 93-310, S. 22, 32; P.A. 96-97, S. 4; P.A. 01-211, S.
4; P.A. 04-234, S. 2.)
History: P.A. 91-389, S. 3 effective April 1, 1992; P.A. 92-153 deleted reference to confidentiality "as provided in
section 54-204" and inserted provision specifying that requests for notification "shall not be disclosed"; P.A. 93-219
authorized any member of an inmate's immediate family to complete and file a request for notification, effective July 1,
1993; P.A. 93-310 changed "commission" to "office of victim services", changed "commission on victim services" to
"office of the chief court administrator", and added provision re responsibility of victim to notify office of current mailing
address, which shall be kept confidential, effective July 1, 1993; P.A. 96-97 added phrase "scheduled to be" before "released"; P.A. 01-211 designated existing provisions authorizing a victim to file a request for notification as Subsec. (a)
and amended same. to authorize the victim to file request with the Department of Correction, added a new Subsec. (b) to
authorize the victim of certain sexual offenses to file a request for notification whenever the perpetrator seeks to be exempted
from the sexual offender registration requirements or to restrict the dissemination of the registration information or remove
such restriction and designated existing provisions re the form and confidentiality of the victim's request for notification
as Subsec. (c) and amended same to make the confidentiality and nondisclosure provisions applicable to the Department
of Correction and require the victim to also notify the Department of Correction of his or her current mailing address; P.A.
04-234 replaced Board of Pardons and Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.
Sec. 54-229. Request by prosecuting authority for notification. Any state's attorney, assistant state's attorney or deputy assistant state's attorney who desires to be
notified whenever an inmate makes an application to the Board of Pardons and Paroles,
Department of Correction, sentencing court or judge or review division as provided in
section 54-227 may complete and file a request for notification with the Office of Victim
Services. Such request for notification shall be in such form and content as the Office
of the Chief Court Administrator may prescribe.
(P.A. 91-389, S. 4, 12; P.A. 93-310, S. 23, 32; P.A. 04-234, S. 2.)
History: P.A. 91-389, S. 4 effective April 1, 1992; P.A. 93-310 deleted "commission on" and inserted "office of" and
deleted "commission on victim services" and inserted "office of chief court administrator" effective July 1, 1993; P.A.
04-234 replaced Board of Pardons and Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.
Sec. 54-230. Notification of victims and other persons by Office of Victim Services when inmate or sexual offender seeks release or other relief or is released
from a correctional institution. (a) Upon receipt of notice from an inmate pursuant to
section 54-227, the Office of Victim Services shall notify by certified mail all persons
who have requested to be notified pursuant to subsection (a) of section 54-228 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, 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 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.
(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 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.
(P.A. 91-389, S. 5, 12; P.A. 92-153, S. 11; P.A. 93-310, S. 24, 32; P.A. 96-97, S. 5; P.A. 01-211, S. 5.)
History: P.A. 91-389, S. 5 effective April 1, 1992; P.A. 92-153 deleted requirement that victim be notified of "place"
where inmate is released; P.A. 93-310 changed "commission on" to "office of" and added provision in Subsec. (b) re
responsibility of victim to notify office of current mailing address which shall be kept confidential, effective July 1, 1993;
P.A. 96-97 amended Subsec. (b) by adding phrase "scheduled to be" before "released"; P.A. 01-211 amended Subsec. (a)
to require notice to be sent by "certified" mail and replace reference to "section 54-228" with "subsection (a) of section
54-228", added new Subsec. (b) re notification by the Office of Victim Services of victims who have requested notification
whenever a sexual offender seeks to be exempted from sexual offender registration requirements or to restrict the dissemination of registration information or remove such restriction, added new Subsec. (c) requiring the Office of Victim Services
to notify the board, agency or court to which the application or petition was made of said office's compliance with the
notification requirements of section and redesignated existing Subsec. (b) as Subsec. (d) and amended same to require
notice to be sent by "certified" mail.
Sec. 54-230a. Notification of victims and other persons by Department of Correction when inmate or sexual offender seeks release or other relief. (a) Upon receipt
of notice from an inmate pursuant to section 54-227, 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 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, 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 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 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.
(P.A. 01-211, S. 6.)
Sec. 54-231. Notification of Office of Victim Services by Department of Correction upon release of inmate. Access to criminal history record information. The
Department of Correction shall notify the Office of Victim Services whenever it schedules the release of an inmate from a correctional institution other than on a furlough.
Notwithstanding any provision of the general statutes to the contrary, the Department
of Correction may make available to the Office of Victim Services direct access to any
records in its custody, including computerized criminal history record information, for
the purpose of assisting said office to perform its duties regarding victim notification.
(P.A. 91-389, S. 6, 12; P.A. 92-153, S. 12; P.A. 93-310, S. 25, 32; P.A. 96-97, S. 6.)
History: P.A. 91-389, S. 6 effective April 1, 1992; P.A. 92-153 specified that correction department need not notify
commission of inmate's release on furlough; P.A. 93-310 changed "commission on victim services" to "office of victim
services", effective July 1, 1993; P.A. 96-97 changed "releases" to "schedules the release of" and added provision permitting
Department of Correction to allow Office of Victim Services direct access to records.
Sec. 54-232. Disposition of requests for notification received prior to April 1,
1992. Section 54-232 is repealed, effective July 1, 1993.
(P.A. 91-389, S. 11; P.A. 93-310, S. 31, 32.)
Sec. 54-233. Compensation of victim of tort occurring prior to July 1, 1993.
Nothing in sections 4-141, 18-85, 18-101, 54-202 to 54-206, inclusive, 54-207a to 54-212, inclusive, 54-215 to 54-218, inclusive, 54-220, 54-222, 54-222a, 54-224 and 54-227 to 54-231, inclusive, shall preclude any victim of a tort occurring prior to July 1,
1993, from seeking compensation pursuant to the provisions of this chapter, revision
of 1958, revised to January 1, 1993.
(P.A. 93-310, S. 29, 32.)
History: P.A. 93-310 effective July 1, 1993.