Approved by the Legislative Commissioner

May 28, 2009

AN ACT CONCERNING THE RECOMMENDATIONS OF THE TASK FORCE ON DOMESTIC VIOLENCE IN IMMIGRANT COMMUNITIES.

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

Section 1. Section 46b-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

(a) Whenever a peace officer determines upon speedy information that a family violence crime, except a family violence crime involving a dating relationship, has been committed within such officer's jurisdiction, such officer shall arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not (1) be dependent on the specific consent of the victim, (2) consider the relationship of the parties, or (3) be based solely on a request by the victim. Whenever a peace officer determines that a family violence crime has been committed, such officer may seize any firearm or electronic defense weapon, as defined in section 53a-3, at the location where the crime is alleged to have been committed that is in the possession of any person arrested for the commission of such crime or suspected of its commission or that is in plain view. Not later than seven days after any such seizure, the law enforcement agency shall return such firearm or electronic defense weapon in its original condition to the rightful owner thereof unless such person is ineligible to possess such firearm or electronic defense weapon or unless otherwise ordered by the court.

(b) No peace officer investigating an incident of family violence shall threaten, suggest or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention by any party. Where complaints are made by two or more opposing parties, the officer shall evaluate each complaint separately to determine whether such officer should make an arrest or seek a warrant for an arrest. Notwithstanding the provisions of subsection (a) of this section, when a peace officer reasonably believes that a party in an incident of family violence has used force as a means of self defense, such officer is not required to arrest such party under this section.

(c) No peace officer shall be held liable in any civil action regarding personal injury or injury to property brought by any party to a family violence incident for an arrest based on probable cause or for any conditions of release imposed pursuant to subsection (b) of section 54-63c.

(d) It shall be the responsibility of the peace officer at the scene of a family violence incident to provide immediate assistance to the victim. Such assistance shall include, but not be limited to: (1) Assisting the victim to obtain medical treatment if such treatment is required; (2) notifying the victim of the right to file an affidavit or warrant for arrest; [and] (3) informing the victim of services available and referring the victim to the Office of Victim Services; and (4) providing assistance in accordance with the uniform protocols for treating victims of family violence whose immigration status is questionable established pursuant to subsection (g) of this section. In cases where the officer has determined that no cause exists for an arrest, assistance shall include: (A) Assistance as provided in subdivisions (1) to [(3)] (4), inclusive, of this subsection; and (B) remaining at the scene for a reasonable time until, in the reasonable judgment of the officer, the likelihood of further imminent violence has been eliminated.

(e) (1) Each law enforcement agency shall develop, in conjunction with the Division of Criminal Justice, and implement specific operational guidelines for arrest policies in family violence incidents. Such guidelines shall include, but not be limited to: [(1)] (A) Procedures for the conduct of a criminal investigation; [(2)] (B) procedures for arrest and for victim assistance by peace officers; [(3)] (C) education as to what constitutes speedy information in a family violence incident; [(4)] (D) procedures with respect to the provision of services to victims; and [(5)] (E) such other criteria or guidelines as may be applicable to carry out the purposes of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, as amended by this act, and 54-1g. Such procedures shall be duly promulgated by such law enforcement agency.

(2) On and after January 1, 2010, each law enforcement agency shall designate at least one officer with supervisory duties to expeditiously process, upon request of a victim of family violence or other crime who is applying for U Nonimmigrant Status (A) a certification of helpfulness on Form I-918, Supplement B, or any subsequent corresponding form designated by the United States Department of Homeland Security, confirming that the victim of family violence or other crime has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity, and (B) any subsequent certification required by the victim.

(f) The Police Officer Standards and Training Council, in conjunction with the Division of Criminal Justice, shall establish an education and training program for law enforcement officers, supervisors and state's attorneys on the handling of family violence incidents. Training under such program shall: (1) Stress the enforcement of criminal law in family violence cases and the use of community resources, and include training for peace officers at both recruit and in-service levels; and (2) include, but not be limited to: (A) The nature, extent and causes of family violence; (B) legal rights of and remedies available to victims of family violence and persons accused of family violence; (C) services and facilities available to victims and batterers; (D) legal duties imposed on police officers to make arrests and to offer protection and assistance, including applicable probable cause standards; and (E) techniques for handling incidents of family violence that minimize the likelihood of injury to the officer and promote the safety of the victim. On and after January 1, 2010, training under such program shall also include, within available appropriations, information on (i) the impact of arrests of multiple parties in a family violence case on the immigration status of the parties; (ii) crime scene investigation and evaluation practices in family violence cases designed by the council to reduce the number of multiple arrests in family violence cases; and (iii) practical considerations in the application of state statutes related to family violence. On and after January 1, 2010, such training shall also address, within available appropriations, eligibility for federal T Visas for victims of human trafficking and federal U Visas for unauthorized immigrants who are victims of family violence and other crimes.

(g) Not later than January 1, 2010, the Police Officer Standards and Training Council shall establish uniform protocols for treating victims of family violence whose immigration status is questionable, and shall make such protocols available to law enforcement agencies. Each law enforcement agency shall adopt and use such protocols on and after the date they are established by the council.

Sec. 2. Section 46b-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

(a) There shall be family violence response and intervention units in the Connecticut judicial system to respond to cases involving family violence. The units shall be coordinated and governed by formal agreement between the Chief State's Attorney and the Judicial Department.

(b) The Court Support Services Division, in accordance with the agreement between the Chief State's Attorney and the Judicial Department, shall establish within each geographical area of the Superior Court a local family violence intervention unit to implement sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, as amended by this act, and 54-1g. The Court Support Services Division shall oversee direct operations of the local units.

(c) Each such local family violence intervention unit shall: (1) Accept referrals of family violence cases from a judge or prosecutor, (2) prepare written or oral reports on each case for the court by the next court date to be presented at any time during the court session on that date, (3) provide or arrange for services to victims and offenders, (4) administer contracts to carry out such services, and (5) establish centralized reporting procedures. All information provided to a family relations officer in a local family violence intervention unit shall be solely for the purposes of preparation of the report and the protective order forms for each case and recommendation of services and shall otherwise be confidential and retained in the files of such unit and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose, except that if the victim has indicated that the defendant holds a permit to carry a pistol or revolver or possesses one or more firearms, the family relations officer shall disclose such information to the court and the prosecuting authority for appropriate action.

(d) In all cases of family violence, a written or oral report and recommendation of the local family violence intervention unit shall be available to a judge at the first court date appearance to be presented at any time during the court session on that date. A judge of the Superior Court may consider and impose the following conditions to protect the parties, including, but not limited to: (1) Issuance of a protective order pursuant to subsection (e) of this section; (2) prohibition against subjecting the victim to further violence; (3) referral to a family violence education program for batterers; and (4) immediate referral for more extensive case assessment. Such protective order shall be an order of the court, and the clerk of the court shall cause (A) a certified copy of such order to be sent to the victim, and (B) a copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the law enforcement agency for the town in which the victim resides and, if the defendant resides in a town different from the town in which the victim resides, to the law enforcement agency for the town in which the defendant resides. If the victim is employed in a town different from the town in which the victim resides, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such order, or the information contained in such order, to the law enforcement agency for the town in which the victim is employed within forty-eight hours of the issuance of such order.

(e) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including, but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or (3) entering the family dwelling or the dwelling of the victim. A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not limited to, an order enjoining the defendant from injuring or threatening to injure such animal. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: "In accordance with section 53a-223 of the Connecticut general statutes, any violation of this order constitutes criminal violation of a protective order which is punishable by a term of imprisonment of not more than five years, a fine of not more than five thousand dollars, or both. Additionally, in accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both. Violation of this order also violates a condition of your bail or release, and may result in raising the amount of bail or revoking release." Every order of the court made in accordance with this section after notice and hearing shall also contain the following language: "This court had jurisdiction over the parties and the subject matter when it issued this protection order. Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, 18 USC 2265, this order is valid and enforceable in all fifty states, any territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and tribal lands." The information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders pursuant to section 51-5c.

(f) In cases referred to the local family violence intervention unit, it shall be the function of the unit to (1) identify victim service needs and, by contract with victim service providers, make available appropriate services and (2) identify appropriate offender services and where possible, by contract, provide treatment programs for offenders.

(g) There shall be a pretrial family violence education program for persons who are charged with family violence crimes. At a minimum, such program shall inform participants of the basic elements of family violence law and applicable penalties. The court may, in its discretion, invoke such program on motion of the defendant when it finds: (1) That the defendant has not previously been convicted of a family violence crime which occurred on or after October 1, 1986; (2) the defendant has not had a previous case assigned to the family violence education program; (3) the defendant has not previously invoked or accepted accelerated rehabilitation under section 54-56e for a family violence crime which occurred on or after October 1, 1986; and (4) that the defendant is not charged with a class A, class B or class C felony, or an unclassified felony carrying a term of imprisonment of more than ten years, or unless good cause is shown, a class D felony or an unclassified offense carrying a term of imprisonment of more than five years. Participation by any person in the accelerated pretrial rehabilitation program under section 54-56e prior to October 1, 1986, shall not prohibit eligibility of such person for the pretrial family violence education program under this section. The court may require that the defendant answer such questions under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury as will assist the court in making these findings. The court, on such motion, may refer the defendant to the family violence intervention unit, and may continue [his] the defendant's case pending the submission of the report of the unit to the court. The court shall also give notice to the victim or victims that the defendant has requested assignment to the family violence education program, and, where possible, give the victim or victims opportunity to be heard. Any defendant who accepts placement in the family violence education program shall agree to the tolling of any statute of limitations with respect to the crime or crimes with which [he] the defendant is charged, and to a waiver of [his] the defendant's right to a speedy trial. Any such defendant shall appear in court and shall be released to the custody of the family violence intervention unit for such period, not exceeding two years, and under such conditions as the court shall order. If the defendant refuses to accept, or, having accepted, violates such conditions, [his] the defendant's case shall be brought to trial. If the defendant satisfactorily completes the family violence education program and complies with the conditions imposed for the period set by the court, [he] the defendant may apply for dismissal of the charges against [him] the defendant and the court, on finding satisfactory compliance, shall dismiss such charges. Upon dismissal all records of such charges shall be erased pursuant to section 54-142a.

(h) A fee of two hundred dollars shall be paid to the court by any person who enters the family violence education program, except that no person shall be excluded from such program for inability to pay the fee, provided (1) the person files with the court an affidavit of indigency or inability to pay and (2) the court enters a finding thereof. All such fees shall be credited to the General Fund.

(i) The Judicial Department shall establish an ongoing training program for judges, Court Support Services Division personnel and clerks to inform them about the policies and procedures of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, as amended by this act, and 54-1g, including, but not limited to, the function of the family violence intervention units and the use of restraining and protective orders.

Sec. 3. (NEW) (Effective July 1, 2009) (a) The Judicial Department shall provide training to Judicial Department staff, including court personnel, within available appropriations, on family violence issues and law, including, but not limited to, issues and law related to family violence in immigrant communities. Such training shall address arrest policies and eligibility for federal T Visas for victims of human trafficking and federal U Visas for unauthorized immigrants who are victims of family violence and other crimes.

(b) The Judicial Department shall, on an ongoing basis, within available appropriations, study and implement methods to reduce disparities in the disposition of family violence cases among geographic areas.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

Section 1 requires the Police Officer Standards and Training Council (POST), in conjunction with the Division of Criminal Justice (DCJ) and within available appropriations, to expand education and training programs for law enforcement officers, supervisors, and state's attorneys to include various aspects of domestic violence in immigrant communities. This could result in a minimal cost to POST and DCJ to contract with outside experts. Since the agencies must implement this provision within available appropriations, they would need to do one of the following: (1) re-allocate existing funding for these purposes from another program; (2) incur additional costs; or (3) delay or not implement these programs due to lack of funding.

Section 2 requires that the pretrial family violence education program that the Court Support Services Division of the Judicial Department administers inform participants of the basic elements of family violence law and applicable penalties. Since this conforms to current practice, there is no fiscal impact.

Section 3 requires the Judicial Department, within available appropriations, to provide training in specific family violence issues and law to its staff. To the extent that this necessitates the hiring of an outside, expert speaker, the Judicial Department would incur an intermittent cost of less than $10,000. In order to comply with this provision of the bill, the Judicial Department would need to do one of the following: (1) re-allocate existing funding for these purposes from another program; (2) incur additional costs; or (3) delay or not implement these programs due to lack of funding.

Section 3 also requires the Judicial Department, within available appropriations, to study, on an ongoing basis, disparity in the disposition of family violence cases. The Judicial Department must also implement methods to reduce disparities in accordance with this section. To the extent that outside expertise is contracted in order to conduct this study and train Judicial Department personnel, an annual cost of less than $50,000 is anticipated. In order to comply with this provision of the bill, the Judicial Department would need to do one of the following: (1) re-allocate existing funding for these purposes from another program; (2) incur additional costs; or (3) delay or not implement these programs due to lack of funding.

House Amendment “A” requires that various aspects of the bill be accomplished within available appropriations. This would require that affected agencies either (1) re-allocate existing funding for these purposes from another program; (2) incur additional costs; or (3) delay or not implement these programs due to lack of funding.

The amendment also eliminates the bill's time extension for the Domestic Violence Task Force in Immigrant Communities, thereby eliminating the associated, potential minimal state cost.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sHB 6245 (as amended by House “A”)*

AN ACT CONCERNING THE RECOMMENDATIONS OF THE TASK FORCE ON DOMESTIC VIOLENCE IN IMMIGRANT COMMUNITIES.

SUMMARY:

This bill requires (1) the Police Officer Standards and Training Council (POST) to establish, by January 1, 2010, uniform protocols for treating victims of family violence whose immigration status is questionable, (2) law enforcement agencies to adopt and use the protocols, and (3) police officers on the scene of a family violence crime to assist such victims consistent with the protocols.

Beginning on the same date, the bill requires each law enforcement agency to designate an officer to help crime victims applying for a U Visa (see BACKGROUND).

Lastly, the bill requires:

1. POST to cover specified topics in its family violence training for law enforcement officers and state's attorneys;

2. the Judicial Department's pretrial family violence education program to inform participants of the basic elements of family violence and the applicable penalties; and

3. the Judicial Department to (a) within available appropriations, train its staff, including court personnel, on domestic violence issues and laws, including issues and laws related to family violence in immigrant communities and policies and eligibility for federal T and U Visas and (b) continuously study and implement ways to reduce disparities in the way family violence cases are disposed of in different geographic areas.

*House Amendment “A” (1) eliminates the provision in the original bill that established a task force on domestic violence in immigrant communities, (2) requires that the law enforcement officer designated to help victims with U Visas have supervisory authority, (3) requires POST to make the 2010 adjustments to its training program as permitted by its available appropriations, and (4) requires the Judicial Department to provide the training and conduct the study the bill requires as permitted by available appropriations.

EFFECTIVE DATE: January 1, 2010, except that the provision on Judicial Department training is effective July 1, 2009.

POST FAMILY VIOLENCE TRAINING

The bill requires POST to include in its family violence training appropriate probable cause standards for making arrests. Beginning January 1, 2010, the training, within available appropriations, must include information on:

1. the impact multi-party arrests have on the immigration status of the parties;

2. crime scene investigation and evaluation practices designed by POST to reduce the number of multiple arrests in family violence cases;

3. practical considerations of applying family violence laws; and

4. eligibility requirements for federal T Visas for victims of human trafficking and federal U Visas for unauthorized immigrants who are victims of family violence and other crimes.

U VISA CERTIFICATIONS

Beginning on January 1, 2010, each law enforcement agency must designate at least one officer with supervisory duties to respond to requests from victims of crime for help applying for U Nonimmigrant Status. The officer must expeditiously process (1) a certification of helpfulness on Form 1-918, Supplement B, or any other subsequent form designated for the same purpose, that confirms the victim's helpfulness or potential helpfulness in the investigation or prosecution of the underlying crime and (2) any subsequent certification the victim requires.

BACKGROUND

POST

POST, in conjunction with the Division of Criminal Justice, is responsible for establishing a family violence education and training program for law enforcement officers and state's attorneys.

Federal U and T Visas

The U Visa allows certain immigrant victims of crime to live and work lawfully in the United States. Immigrants who receive a U Visa can apply for a green card after three years. The government plans to issue up to 10,000 U Visas each year.

U Visas are available to immigrants who are either victims of or who possess information concerning one of the following forms of criminal activity: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage holding, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy, or solicitation to commit one of these offenses. A federal, state, or local official must certify that an investigation or prosecution would be harmed without the immigrant's assistance or, in the case of a child, the immigrant's parent's assistance.

T Visas are available to individuals who are victims of “a severe form of trafficking in persons.” Severe forms of trafficking include sex trafficking of persons under 18 years of age, or recruiting or obtaining persons for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Pretrial Family Violence Program

The pretrial family violence education program is for people who are charged with family violence crimes. A defendant can ask the court to place him or her in the program. A defendant is ineligible if he or she:

1. is charged with a class A, B, or C felony, an unclassified felony that carries more than a 10 year sentence, or, unless good cause is shown, a class D felony, or an unclassified felony carrying a penalty of at least five years;

2. has previously participated in the program; or

3. has been convicted of, or accepted accelerated rehabilitation for, a family violence crime committed after October 1, 1986.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Public Safety and Security Committee

Joint Favorable