CRIMINAL JUSTICE LEGISLATION SINCE JULY 2007

You asked for a summary of criminal justice legislation passed since the Cheshire home invasion. This report updates OLR Report 2010-R-0028.

Since July 2007, 37 public acts became law with criminal justice provisions. Below is a brief description of this legislation, with the acts arranged chronologically under the following subjects.

● Diversionary Programs, Prison Release Programs, and Offenders in the Community

When a person is arrested for certain serious crimes, the law requires judges to consider certain factors when determining what conditions of release will reasonably assure (1) the person's appearance in court and (2) that the safety of others will not be endangered. For people arrested for these serious crimes, PA 08-01, Jan. Special Session, § 25 requires the court to state for the record the factors it considered when it imposes conditions of release. It must also state any findings about the danger, if any, that the arrestee might pose to the safety of any other person that caused it to impose specific conditions of release.

PA 08-01, Jan. Special Session, §§ 1-4 creates the crime of home invasion. The act makes this crime a class A felony with a 10-year mandatory minimum sentence. The act also increases the penalty for committing burglary of a dwelling at night by making it 1st degree burglary instead of 2nd degree burglary.

PA 08-49 makes it a discriminatory practice to place a noose or simulation of one (1) on public property or on private property without the owner's written consent and (2) with intent to intimidate or harass someone based on religion, national origin, alienage, color, race, sex, sexual orientation, blindness, or physical disability.

Committing a discriminatory practice is a class A misdemeanor but it is a class D felony if property damage over $1,000 results. It is also a class D felony if the person commits the discriminatory practice (1) while wearing a mask, hood, or other device designed to conceal his identity and (2) intends to deprive another person of any legally guaranteed right because of his religion, national origin, alienage, color, race, sex, sexual orientation, blindness, or physical disability (CGS § 53-37a).

PA 08-3, June 11, 2008 Special Session, §§ 6-7 makes it a class A misdemeanor for public servants to fail to report a bribe. Public servants commit this crime when they do not report to a law enforcement agency as soon as reasonably practicable that (1) they know that another person has attempted to bribe them by promising, offering, transferring, or agreeing to transfer to them any benefit as consideration for their decision, opinion, recommendation, or vote or (2) they knowingly witnessed someone attempting to bribe another public servant or another public servant committing bribe receiving.

The act expands the definition of “public servant” that applies to existing bribery and bribe receiving crimes, as well as this new crime, to include quasi-public agency officers and employees. Elected and appointed government officers and employees and people performing a government function, including advisors and consultants, are already covered.

By law, a person can commit larceny in a number of different ways and the law provides six degrees of larceny crimes, with penalties varying in most instances based on the value of the property taken. PA 09-139 doubles most, but not all, of the values of the property which must be taken to commit each of the six degrees of larceny crimes. It also affects other statutes that refer to the larceny statutes for the penalties for taking property, including health insurance fraud (CGS § 53-443) and collecting fees for medical discount plan membership without providing promised benefits (CGS § 38a-479qq).

PA 09-191 makes assault of public transit personnel a class C felony, the same penalty as for assault of public safety and emergency medical personnel. A person commits assault of public transit personnel by assaulting a reasonably identifiable public transit employee who is performing his or her duties, with intent to prevent the employee from performing them, by taking certain specified actions.

The criminal laws on illegal gambling do not apply to advertising, operating, or participating in state conducted off-track betting. PA 10-36 also excludes the off-track betting system operated by an authorized licensee. The law authorizes the Division of Special Revenue to transfer ownership of the off-track betting system.

PA 10-112 expands what constitutes 1^st degree possessing child pornography. A person commits this crime by knowingly possessing 50 or more visual depictions of child pornography. The act also makes it 1^st degree possession to knowingly possess one or more visual depictions of child pornography that depicts the infliction or threatened infliction of serious physical injury to that child. First-degree possessing child pornography is a class B felony with a five-year mandatory minimum sentence.

PA 10-180 expands the circumstances under which a person on probation for a felony or misdemeanor conviction or motor vehicle violation is guilty of failure to appear. Under prior law, the person was guilty if he or she willfully missed a legally called probation violation hearing. Under the act, a person is guilty if he or she willfully misses any legally called court hearing related to a probation violation. Failure to appear at a hearing on a felony violation is a class D felony and failure to appear for a hearing on a misdemeanor or motor vehicle violation is a class A misdemeanor.

Statute of Limitation for 1^st or 2^nd Degree Hindering Prosecution and Perjury

PA 10-180 eliminates the five-year statute of limitation for a prosecution for (1) 1^st or 2^nd degree hindering prosecution if the person rendered criminal assistance to someone who committed a crime for which there is no statute of limitation (capital felony, class A felony, arson murder, or 1^st degree escape) and (2) perjury committed during a proceeding that results in the conviction of someone who is later determined to be innocent.

EFFECTIVE DATE: June 8, 2010 and applicable to offenses committed (1) on or after that date or (2) before that date if the statute of limitations in effect at the time the offense was committed had not expired.

PA 10-180 expands the crime of forgery to punish someone who falsely makes, completes, or alters a written instrument by signing his or her own name to it to falsely and fraudulently represent that he or she has authority to sign the document.

PA 10-191 creates a new class A misdemeanor offense for certain acts of sexting or other electronic transmission or possession of child pornography by persons 13 to 15 years old (for transmission) or 13 to 17 years old (for possession). Under the act, the new class A misdemeanor addresses conduct of a recipient who is 13 to 17 years old, and a sender who is (1) 13 to 15 years old and (2) the subject of the depiction.

It provides that in a prosecution for felony possession of child pornography, it is an affirmative defense that the defendant's acts, if proven, would constitute the new class A misdemeanor crime. By law, a defendant must prove an affirmative defense by a preponderance of the evidence.

By law, persons convicted of felony possession of child pornography may have to register as sex offenders. Such persons also face potentially longer periods of probation than those convicted for most other felonies. These conditions would not apply to persons convicted of the misdemeanor offense created by the act.

By law, the CJIS Governing Board, within the Office of Policy and Management (OPM) for administrative purposes only, oversees the operations and administration of the state's offender-based tracking system and recommends legislation needed to implement, operate, and maintain the system.

PA 08-01, Jan. Special Session, §§ 39 & 43 increases the board's membership from 11 to 15 by adding the Judiciary Committee chairpersons and ranking members. The act makes the chief court administrator co-chairperson and authorizes the governor to appoint the other co-chairperson from among the board's members. The act also directs the board to hire an executive director.

PA 08-01, Jan. Special Session, §§ 40 & 43 directs the CJIS governing board to design and implement a comprehensive, statewide information technology system. Its purpose is to facilitate immediate, seamless, and comprehensive information sharing among all of the following:

1. state agencies, departments, boards, and commissions that have jurisdiction over law enforcement and criminal justice matters;

2. local police departments; and

3. law enforcement officials.

The system must include a centralized tracking and information database, electronic documentary repository, analytical tools, and other components or elements the board determines are appropriate or necessary under its design and implementation plan. The system must be developed with state-of-the-art technology.

PA 09-26 gives the Office of the Federal Public Defender access to shared criminal history information stored electronically in CJIS. As with the state Division of Public Defender Services, access is limited to (1) conviction information; (2) information that is otherwise available to the public; and (3) information, including nonconviction information, concerning a client it is representing at the time of the request.

PA 08-01, Jan. Special Session, § 21 requires the Judicial Branch's Court Support Services Division (CSSD) to make available on the Internet information on all outstanding arrest warrants for probation violations and quarterly court reports of issuance of all outstanding arrest warrants for probation violations.

PA 10-43 excludes information from Internet posting if (1) there is reason to believe it would endanger the safety of the probationer or someone else or (2) the probationer is a youthful offender. The act requires the quarterly report to include all, rather than just outstanding, warrants but allows the report to exclude the information listed above.

PA 07-243 required consumer reporting agencies to (1) inform consumers when they are providing reports for employment purposes that include “criminal matters of public record,” such as arrest and conviction records; (2) verify any criminal matters of public record with the Judicial Branch to ensure that information reported is complete and up-to-date; and (3) maintain procedures designed to ensure that any criminal matter of public record reported is complete and up-to-date. PA 08-01, Jan. Special Session, § 35 makes these provisions effective May 1, 2008 instead of February 1, 2008.

PA 08-53 eliminates the requirement to verify the information with the Judicial Branch for accuracy and instead requires anyone, including a consumer reporting agency, who purchases “criminal matters of public record” from the branch, to follow certain procedures. They must at least:

1. purchase from the Judicial Branch, on a monthly basis or other schedule set by the branch, updated records or information available to comply with the act's provisions and

2. update their records to permanently delete any erased records.

The act requires the Judicial Branch to make information concerning any “criminal matter of public record” that has been erased available to anyone who purchases these records. Under prior law, the branch was generally prohibited from disclosing these erased records. The erased records relate to criminal charges that were dismissed, nolled, or resulted in a not guilty finding or convictions for which a pardon was granted. The act prohibits anyone from further disclosing the erased records.

By law, courts, police, and prosecutors must erase the records of any criminal defendant whenever (1) he or she is found not guilty of the charge or the charge is dismissed in a final judgment; (2) at least 13 months have elapsed since any charge in his or her criminal case has been nolled; or (3) he or she received an absolute pardon. A nolle is a formal statement by the prosecuting attorney that he or she will not prosecute a case further.

The erasure requirement does not apply to cases where defendants have multiple charges (counts) in a single information or indictment (charging document). PA 08-151 eliminates the multi-count exception in electronic records or portions of electronic records released to the public. This means that courts, police, and prosecutors must erase from electronic, but not paper records, charges in multi-count information or indictments for which defendants are not convicted. Electronic records means computer printouts and records created, generated, sent, communicated, received, or stored electronically, including faxes, e-mails, telexes, and Internet messaging.

Waiving Court Fees for Criminal Records Provided To Federal Public Defenders and Probation Employees

PA 08-47 eliminates the requirement that the Office of the Federal Public Defender pay the fee specified in CGS § 52-259 for any certified copy of any criminal record. That statute does not explicitly mention fees for copies of criminal records, but it requires a $25 fee for a certified copy of any judgment file.

PA 10-43 waives the fee for certified copies of criminal records for employees of the U.S. Probation Office acting in the performance of their duties.

The law (1) allows courts to enter arrest warrants into a central computer system, (2) considers entry in the system evidence of the warrant's issuance, and (3) authorizes any person named on the warrant to be arrested and given a copy of the warrant. PA 10-43 directs the chief court administrator to develop policies and procedures for entering warrants into the system and expands the system to include other criminal process. It allows the Judicial Branch to make disclosable information from this system available to the public electronically through the Internet according to the chief court administrator's guidelines. The law already allows this for disclosable information in its criminal and motor vehicle information systems.

DIVERSIONARY PROGRAMS, PRISON RELEASE PROGRAMS, AND OFFENDERS IN THE COMMUNITY

PA 08-01, Jan. Special Session, § 16 eliminated any “compelling reason consistent with rehabilitation” as a permissible reason for the DOC commissioner to grant a furlough request, which eliminated the commissioner's authority to grant “reentry furloughs.” The act also restricted furloughs to contact prospective employers to those where the commissioner confirms that an employment opportunity exists or an employment interview is scheduled.

PA 09-2, § 10 required the commissioner, by April 1, 2009, to submit a report to the Judiciary Committee chairpersons on the estimated number of inmates who would be released and the cost savings that would be achieved if the commissioner's authority to grant reentry furloughs was restored effective July 1, 2009.

PA 09-7, Sept. Special Session, § 35 reinstates the provision allowing furloughs for any “compelling reason consistent with rehabilitation” and eliminates the requirement that the commissioner confirm that an employment opportunity exists or an employment interview is scheduled when granting a furlough to contact prospective employers. It also increases, from 30 to 45 days, the length of a furlough that the commissioner can grant an inmate for these and other authorized reasons such as visiting a dying relative, attending a relative's funeral, or obtaining medical services not otherwise available.

PA 08-1, Jan. Special Session, §17 requires DOC to contract for an additional 35 reentry beds for immediate occupancy, an additional 50 reentry beds for occupancy by July 1, 2008, and another 50 for occupancy by November 15, 2008.

PA 08-01, Jan. Special Session, § 18 requires CSSD to contract for (1) an additional 35 diversionary beds for immediate occupancy, (2) an additional 50 diversionary beds for occupancy by July 1, 2008, and (3) another 50 for occupancy by November 15, 2008.

Committee to Study Municipal Siting Incentives for Community-Based Offender Facilities and Housing

PA 08-01, Jan. Special Session, § 33 establishes an 18-member committee to study how the state can effectively give municipalities incentives to allow community-based facilities for offenders (such as halfway houses and transitional and supportive housing) to be located in their communities.

PA 08-01, Jan. Special Session, § 41 creates a supervised diversionary program for people with psychiatric disabilities, which it defines as a mental or emotional condition, other than solely substance abuse, that (1) has substantial adverse effects on the defendant's ability to function and (2) requires care and treatment. People with these conditions are eligible unless they (1) are ineligible for accelerated rehabilitation due to the nature of the charges or previous participation in other diversionary programs or (2) have participated in the program twice before.

CSSD must develop individualized treatment plans for applicants whom it determines are amenable to treatment if appropriate services are available. Program participants must be supervised by a probation officer with a reduced caseload and specialized training working with people with psychiatric disabilities.

If the accused satisfactorily completes the program, he or she may apply for dismissal of the charges. CSSD must provide the court with information about the person's participation; the court must dismiss the charges if it finds that he or she satisfactorily completed the program. If a participant does not apply for dismissal, the act authorizes the court to

dismiss the charges on its own motion if it finds satisfactory program completion. After dismissal, all records of the charges are erased, except for those in CSSD's database as described below.

PA 09-2, § 10 requires the DOC commissioner to examine earned credit and risk reduction programs in other states that grant sentence reduction credits based on good behavior and participation in work, educational, vocational, therapeutic, or other programs while a person is incarcerated or being supervised in the community. It also requires her to report to the Judiciary Committee chairpersons by April 1, 2009 concerning the establishment of such a program in Connecticut.

PA 09-3, Sept. Special Session, §§ 54-55 increases fees for both the pretrial alcohol and drug education programs and makes them more uniform. The act renames the pretrial alcohol education system as the pretrial alcohol education program. It establishes procedures for the court to follow when a person does not successfully complete an intervention program or is no longer amenable to treatment. It limits a person to two reinstatements. The act increases, from seven years to 10, the time the Motor Vehicle and Environmental Protection departments must keep records of participation in the program. It retains the seven-year retention requirement for CSSD.

The act creates additional program options for the drug education program. It extends to all components of the drug education program the prohibition against participation for anyone who previously participated in it or the community service labor program. The act increases the time people participating in the drug education program must also participate in the community service labor program. The act creates the same reinstatement procedures as it does for the alcohol education program. It increases, from seven years to 10, the time CSSD must keep records of people's participation in the program.

PA 10-30 requires CSSD to keep a record of a person's participation in the pretrial alcohol education program for 10, rather than seven, years. For both the alcohol and drug education programs, the act makes several minor changes regarding program costs, fees, and waiver of them. The act clarifies that CSSD, rather than the Department of Mental Health and Addiction Services (DMHAS), must require participation in the community service labor program as a condition of participation in the drug education program.

Memorandum of Understanding (MOU) to Reunify Incarcerated Women with Their Children

PA 09-7, Sept. Special Session, § 180 requires the Department of Children and Families (DCF) and DOC commissioners to enter a MOU to develop a program to reunify incarcerated women with their children in the community when appropriate. The commissioners must submit a report to the Appropriations and Human Services committees by January 1, 2010 describing the program developed under the MOU and estimate the number of eligible individuals and the savings to be achieved. DCF and DOC can transfer funds between the agencies without the Finance Advisory Committee's consent to achieve savings related to the program.

PA 09-7, Sept. Special Session, § 94 authorizes the DOC commissioner to release to the United States Immigration and Customs Enforcement (ICE) any alien convicted of a crime who (1) is sentenced to a prison term of five years or less and (2) has served at least 50% of the sentence. The act specifies the commissioner may do so under the provisions of existing law that authorize the commissioner to transfer any person from one correctional institution to another or to any public or private nonprofit halfway house, group home, or mental health facility or, after satisfactory participation in a residential program, to any approved community or private residence. Under this law, any transferred inmate remains under the commissioner's jurisdiction.

Under existing law, inmates can be released for deportation by the Board of Pardons and Parole after serving 50% of their sentence unless their crimes (such as murder) make them ineligible for parole. Inmates must be sentenced to a prison term of at least two years to be eligible for parole consideration.

PA 10-43 eliminates the pilot zero-tolerance drug supervision program for probation violators or people sentenced to probation or released on bail.

By law, a person convicted or found not guilty by reason of mental disease or defect of certain crimes must submit to the taking of a DNA sample. The law allows someone whose DNA profile has been included in the data bank to request its expungement if his or her criminal conviction is reversed and the case dismissed. PA 10-36 extends this provision to cases in which a finding of not guilty by reason of mental disease or defect is reversed and the case dismissed.

PA 10-102 makes CSSD responsible for setting the time and place of the DNA sample and the Judicial Branch responsible for taking the required DNA when a person required to give a sample is not sentenced to a term of confinement. Under prior law, the sentencing court set the time and place of the testing and the Department of Public Safety (DPS) was responsible for the testing. If a person refuses to submit to the taking of the sample within five business days of the time specified by CSSD, the act allows him or her to be arrested pursuant to a bench warrant.

The act increases the penalty for refusing to give a required sample in the various situations from a class A misdemeanor to a class D felony. The act also specifies that only collection kits approved by the DPS Division of Scientific Services can be used to collect the required biological samples by buccal (cheek) swabs. Finally, the act adds the CSSD executive director or his designee to the DNA Data Bank Oversight

Panel, which already includes the chief state's attorney, the attorney general, and the public safety and correction commissioners, or their designees.

PA 09-7, Sept. Special Session, § 65 requires that the pretrial family violence education program for people charged with family violence crimes inform participants of the basic elements of family violence law and applicable penalties.

Police Officer Standards and Training Council (POST) and Family Violence Issues

By July 1, 2010, PA 09-7, Sept. Special Session, § 64 requires POST to establish uniform protocols for treating family violence victims whose immigration status is questionable and make them available to law enforcement agencies. The agencies must adopt and use the protocols once established and peace officers at family violence scenes must help victims in accordance with the protocols.

The act requires each law enforcement agency to designate at least one supervisor to expeditiously process specified federal documentation when asked to do so by a victim of family violence or other crime applying for U Nonimmigrant status. The official must process (1) a certificate of helpfulness on Form I-918, Supplement B or any subsequent corresponding form designated by the U.S. Department of Homeland Security, confirming that the victim has been, is being, or is likely to be helpful in investigating or prosecuting the criminal activity and (2) any subsequent certification the victim requires.

By law, POST training for law enforcement officers handling family violence matters must include legal duties of police officers to make arrests and offer help and protection. The act specifies that the training must include applicable probable cause standards. Starting July 1, 2010, it requires that the training include, within available appropriations, information on:

1. the impact of arrests of multiple parties in a family violence case on the parties' immigration status;

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

3. practical considerations in the application of state statutes related to family violence and other crimes; and

4. 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.

Family Violence Law Training and Disparity of Cases among Geographic Areas

Within available appropriations, PA 09-7, Sept. Special Session, § 66 requires the Judicial Branch to provide training to its staff, including court personnel, on family violence issues and laws, including those related to family violence in immigrant communities. The training must 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.

The act also requires the Judicial Branch, on an ongoing basis, within available appropriations, to study and implement methods to reduce disparities in the disposition of family violence cases among geographic areas.

PA 10-144 makes a number of changes to the laws concerning family violence. It:

1. allows the court to consider relevant public court documents in making orders relevant to a petition for relief from physical abuse and eliminates the requirement that copies of the order provided to the applicant be certified;

2. expands information and disclosure requirements for family violence intervention units, courts, and DCF;

3. allows the Judicial Branch to establish a pilot program for electronic monitoring of family violence offenders and requires the chief court administrator to apply for federal grants to fund the program;

4. changes the name of standing criminal restraining orders to standing criminal protective orders to distinguish them from civil restraining orders;

5. (a) requires the court to specify a time limit when issuing standing criminal protective orders, (b) allows the court to issue a protective order for the probation period, and (c) makes other minor changes regarding these types of orders;

6. expands the persistent offender law for crimes involving assault, trespass, threatening, harassment, and violation of a restraining or protective order by eliminating the limitation on the look-back period and allowing the court to consider convictions for essentially the same crimes in other states;

7. allows the chief court administrator to establish a domestic violence docket in three geographical areas; and

8. enhances existing, and creates additional, employment protections for family violence victims, including allowing the use of leave time to deal with family violence issues.

EFFECTIVE DATE: October 1, 2010, except for the electronic monitoring funding provision, which is effective on passage.

PA 08-01, Jan. Special Session, §§ 23 & 24 requires courts to give Board of Pardons and Paroles (BOPP) members and employees and DOC employees access to otherwise confidential records concerning juvenile delinquency and youthful offender proceedings in certain circumstances. Access is limited to members or employees who need this to perform

their jobs and only records involving a (1) juvenile or youthful offender who has been convicted of a crime on the regular criminal docket or (2) youthful offender who was sentenced to jail time are disclosable.

1. the performance of a risk and needs assessment while the person is incarcerated,

2. a release from incarceration or pardon decision, or

3. the determination of the person's supervision and treatment needs while on parole or some other form of supervised release.

PA 10-180 makes confidential youthful offender records available to law enforcement and prosecutorial officials conducting legitimate criminal investigations.

PA 10-1, June 2010 Special Session requires delinquency proceedings that contain information that a child has been convicted as delinquent for specified offenses to be disclosed to the Department of Motor Vehicles (DMV). The department must use the records in determining whether administrative sanctions on the delinquent's driver's license are warranted. It may not further disclose the delinquency record.

PA 08-41 permits judges to order 16- and 17-year-old runaways who they adjudicate as being “youth in crisis” to submit to the control of their parents, guardians, foster parents, or other custodians for a period the court specifies. The court must find that the youth meets the legal criteria under the youth in crisis law (i.e., that the reason for running away was not justified).

The order cannot override any other law or extend beyond the youth's 18th birthday. As with other court orders directed at youth in crisis, violations are not delinquent acts and cannot subject the youth to detention or imprisonment.

The law allows parents and foster parents to initiate youth in crisis proceedings. The act expands the list of caregivers who may take this action to include guardians and other custodians.

PA 08-86 makes a number of changes in the laws governing families with service needs (FWSN) children. These are children who have run away without good cause, are truant or beyond the control of their parents or school authorities, or engaged in certain forms of sexual or immoral conduct.

The law authorizes juvenile court judges to place FWSN children under the supervision of a juvenile probation officer or commit them to DCF and to issue orders setting conditions they must meet. The act:

1. makes information obtained about potential FWSN children receiving diversionary services confidential;

2. specifies that judges can modify or enlarge a FWSN child's conditions of supervision, conforming law to existing practice;

3. requires motions alleging that a FWSN child (a) has violated a court order or (b) is in imminent risk and needs to be placed in a staff-secure facility to be served on parties in the same manner as authorized for serving FWSN petitions;

4. sets clear and convincing evidence as the standard judges must use to determine whether a FWSN child (a) has violated a court order or (b) should be committed to DCF after release from a staff-secure facility; and

5. consistent with federal law, requires DCF to develop permanency plans for FWSN children committed to its care, with yearly court reviews.

The act also extends the sunset law applicable to the FWSN Advisory Board from July 1, 2008 to July 1, 2010 and makes minor, technical, and conforming changes.

EFFECTIVE DATE: October 1, 2008, except the sunset date for the FWSN Advisory Board is effective May 27, 2008.

1. delays raising the maximum age for juvenile court jurisdiction to 17 from January 1, 2010 to July 1, 2012;

2. consistent with the phase-in of the raise-the-age provisions, delays the repeal of the Youth in Crisis law from January 1, 2010 to January 1, 2012 and restricts eligibility to youths age 17 beginning in 2010, rather than those age 16 and 17;

3. revises the definition of delinquent act;

4. expressly eliminates juvenile court jurisdiction over matters involving emancipated minors;

5. allows police officers to release an arrested child into the child's own custody and makes it a delinquent act for a child that has been released in this manner to willfully fail to appear in court;

6. modifies rules for the admissibility of children's confessions in delinquency proceedings;

7. limits the use of pretrial detention, but adds violating conditions of a suspended detention order as a basis for detaining a child;

8. modifies and expands vocational probation options;

9. authorizes Superior Court judges to obtain a child's educational records;

10. changes the ages of children and older teens about whom the education commissioner must provide information;

11. transfers some functions expressly assigned to CSSD to the entire Judicial Branch and authorizes the chief court administrator to issue bids to contract for space or services for juveniles;

12. expands the availability of record erasure for children (a) convicted as delinquent or (b) adjudicated as a FWSN child but delays, from 16 to 17, and then from 17 to 18, the age children must reach before becoming entitled to court consideration of an erasure petition;

13. revives the Juvenile Jurisdiction Policy and Operations Coordinating Council; and

14. transfers funds from the Judicial Branch to DCF for residential board and care services.

EFFECTIVE DATE: January 1, 2010, except the provisions extending juvenile court jurisdiction to 17-year-olds and the repeal of the Youth in Crisis law are effective July 1, 2012, and the provisions concerning the expansion of Judicial Branch responsibilities, contract bidding, fund transfers, and the juvenile justice coordinating council are effective October 5, 2009.

PA 09-7, Sept. Special Session, §§ 121-129 provides that, within available appropriations, juvenile prosecutors employed by the Division of Criminal Justice on October 5, 2009 (1) are deemed to have been appointed by the Criminal Justice Commission and (2) have and must exercise all the powers and perform all the duties of an assistant state's attorney.

The act also provides that starting October 5, 2009 any “prosecutorial official” assigned to handle juvenile matters in the criminal session of the Superior Court will have been appointed by the Criminal Justice Commission.

The law allows the court, before final disposition of a criminal case, to order the accused to submit to examination for (1) venereal disease if the case involves a sexual assault or prostitution crime and (2) AIDS or HIV if the case involves risk of injury to a minor or a sexual assault or prostitution crime that involved a sexual act. PA 10-43 extends this authority to a child accused in a delinquency proceeding involving one of these crimes.

The law also requires the court to order AIDS or HIV testing at the victim's request when a person is convicted or a child is convicted as a delinquent of certain sexual assault crimes or risk of injury to a minor involving a sexual act. Under existing law, the test is performed by or at the direction of DOC in consultation with the Department of Public Health (DPH). For a child convicted as a delinquent, the act requires testing at the direction of CSSD or DCF, in consultation with DPH.

The law requires the Department of Social Services (DSS) and DCF to implement a Behavioral Health Partnership, which is an integrated behavioral health service system for HUSKY Part A and B members and children enrolled in DCF's voluntary services program. The law allows the agencies to include other children, adolescents, and families served by DCF. PA 10-43 allows the agencies to include children, adolescents, and families served by CSSD. It also allows the chief court administrator to appoint someone to represent CSSD as a non-voting, ex-officio member of the Behavioral Health Partnership Oversight Council, which advises DCF and DSS on the partnership.

PA 10-1, June 2010 Special Session, § 28 amends various definitions applicable to juvenile matters, in most cases to conform statutes to reflect the increase in juvenile court jurisdiction to those age 16, rather than 15.

But it also (1) excludes emancipated minors from juvenile court jurisdiction, (2) makes 1^st and 2^nd degree failure to appear a delinquent act only if it involves failing to appear at a delinquency proceeding of which the child had notice, and (3) excludes from the definition of “serious juvenile offense” that portion of the risk of injury statute that involves placing a child in a situation where he or she is likely to be endangered or have his or her morals impaired.

PA 10-1, June 2010 Special Session, § 30 allows judges to transfer cases involving 16-year-olds (and beginning July 1, 2012, 17-year-olds) from the youthful offender, adult, or motor vehicle docket to juvenile

court. The transfer provision applies to matters for which the juvenile could be subject to imprisonment. Driving under the influence claims are not subject to this process.

The transfer is triggered by the motion of any party or the judge hearing the case; it must be raised before trial or entry of a guilty plea. The judge must find that (1) the youth is charged with an offense or violation occurring on or after January 1, 2010 and (2) after a hearing considering the facts and circumstances of the case and the youth's prior history, the programs and services available in the juvenile court would more appropriately address the youth's needs and the youth and community are better served treating the youth as a delinquent.

Under the act, the court ordering the transfer must vacate any pleas entered in the matter and advise the youth of his or her rights. The youth must (1) enter pleas on the docket for juvenile matters in the jurisdiction where he or she resides and (2) be subject to prosecution as a delinquent child.

By law, in juvenile proceedings, confessions of children under age 16 are not admissible against the child unless a parent who has been given Miranda warnings is present. For those age 16, admissibility is determined based on the totality of the circumstances. PA 10-1, June 2010 Special Session, § 31 provides that admissions, confessions, or statements, whether written or oral, made by a 16 year old to a police officer in connection with a case that gets transferred to the juvenile court from the youthful offender or regular docket or from a motor vehicles docket are admissible in juvenile court.

PA 08-01, Jan. Special Session, § 5 makes someone convicted of 2nd degree burglary or home invasion ineligible for parole until he or she has served at least 85% of the sentence imposed. The law imposes this same 85% requirement on people convicted of an offense where the underlying facts and circumstances of the offense involve the use, attempted use, or threatened use of physical force against another person.

Board of Pardons and Paroles (BOPP) Membership, Qualifications, and Appointment

PA 08-01, Jan. Special Session, § 12 increases the BOPP's membership from 13 to a maximum of 25 between February 1, 2008 and July 1, 2008. On June 30, 2008, it ends the terms of seven board members the chairman assigned exclusively to parole hearings. Terms of the chairman and members assigned to pardon hearings or those appointed by the governor beginning on February 1, 2008 are not affected. Beginning July 1, 2008, it reduces the membership of the BOPP to 18 and requires 12 members to serve exclusively on parole release panels and five exclusively on pardons panels. The act provides qualification criteria for all members appointed starting February 1, 2008.

Starting February 1, 2008, the act requires (1) the governor to specify appointments for chairman, full-time or part-time parole panel members, and pardons panel members and (2) both houses of the General Assembly, rather than just one, to approve the governor's appointments.

Beginning with the appointments the governor submits to the General Assembly on February 1, 2008, the act requires their referral to the Judiciary Committee. Under the act, the five board members appointed by the governor beginning on February 1, 2008 to serve on parole panels serve full-time and receive compensation as set by the Department of Administrative Services (DAS).

The act requires the board to employ at least one psychologist with expertise in risk assessment and recidivism of criminal offenders.

PA 10-14 increases BOPP membership from 18 to 20 beginning July 1, 2010. It increases from five to seven, the number of board members who must serve exclusively on pardons panels.

Beginning July 1, 2008, PA 08-1, Jan. Special Session, (1) requires a parole release panel to consist of two members from among those the governor appointed on or after February 1, 2008 to serve on parole panels and (2) only allows the chairman to designate a full-time member to serve temporarily in his place.

Under the act, pardon panel members can be chosen from those members (1) assigned to pardons hearings by the chairman or (2) appointed by the governor, starting on February 1, 2008, to serve on pardons panels.

PA 08-1, Jan. Special Session requires a parole panel to consist of two members, with at least one being a full-time member, and the chairman or a full-time member designated to serve temporarily as chairman.

PA 09-7, Sept. Special Session, § 36 no longer requires one of the two members of a parole panel to be a full-time member.

PA 08-1, Jan. Special Session requires the board's chairman and executive director to establish a formal training program for board members and parole officers.

PA 08-1, Jan. Special Session gives the chairman authority and responsibility for establishing procedural rules for members to follow when conducting hearings, reviewing recommendations made by board employees, and making decisions.

PA 08-01, Jan. Special Session, § 22 requires DOC to use a global positioning system (GPS) to electronically monitor an additional 200 parolees immediately after the act becomes effective, and an additional 100 parolees by July 1, 2008, whose risk levels indicate that they are most likely to re-offend.

PA 08-01, Jan. Special Session, § 44 eliminates the parole administrative review procedure. Prior law allowed an inmate to be released after an administrative review without a panel conducting a hearing if (1) a board employee reviewed the inmate's case and recommended parole, (2) at least two members of a board panel approved, and (3) the chairman did not deem a hearing necessary and a victim did not request one.

Only those eligible for parole after serving 50% of their sentence (generally those who committed nonviolent crimes) could be released on parole without a hearing under this procedure. People who committed crimes where the underlying facts and circumstances of the offense involved the use, attempted use, or threatened use of physical force against another person could not use this procedure.

PA 08-1, Jan. Special Session, § 12 prohibits a board panel from holding a hearing on someone's suitability for parole unless the chairman (1) has made reasonable efforts to determine the existence of and obtain all information deemed pertinent to the decision and (2) certifies that all existing pertinent information has been obtained or is unavailable.

Prior law required the prosecutor to request that a transcript be prepared of any sentencing hearing at which a defendant is sentenced to a definite, non-suspended sentence of more than two years imprisonment and have a copy of it delivered to the board. PA 09-7, Sept. Special Session, §§ 135-136, instead:

1. requires the prosecutor to make a request for the transcript on the record,

2. eliminates the prosecutor's duty to have a copy delivered to the board, and

3. requires the chief court administrator to provide a copy to the board, in a format the chief court administrator proscribes.

The act requires that during FY 10 and FY 11, $50,000 of the Other Expense account of the Division of Criminal Justice be transferred to the Judicial Department's Other Expenses account to carry out these requirements.

By law, someone may be prosecuted as a persistent dangerous felony offender if he or she stands convicted of certain serious crimes and has prior convictions of certain serious crimes. PA 08-01, Jan. Special Session, §§ 6-11, adds the crimes of home invasion, 1st degree burglary, and 2nd degree burglary with a firearm to the list of crimes that can make a person a persistent dangerous felony offender.

The Connecticut Supreme Court ruled that a convicted offender has the right to have a jury make the findings about whether he or she should be subject to the more stringent penalties associated with the persistent dangerous felony offender classification. The act eliminates the required findings and instead requires the court to impose the higher penalty on an offender who meets the criteria of a persistent dangerous felony offender. The act also eliminates the required court findings in the provision that increases the penalty one class for acts of terrorism and the other categories of persistent offenders.

PA 08-51 sets minimum penalties for persistent dangerous felony offenders and, in some instances, increases the maximum penalties for these offenders. It does so in the following way.

1. For those with one of the required prior convictions, it changes the penalty from up to 40 years in prison to a range between twice the minimum penalty for the crime the person stands convicted of, including twice any mandatory minimum sentence that applies, to a maximum of 40 years or twice the maximum penalty for the crime the person stands convicted of, whichever is longer. (This is often referred to as “two strikes.”)

2. For those with two of the required prior convictions, it changes the penalty from up to life in prison (statutorily defined as up to 60 years) to a range between three times the minimum penalty for the crime the person stands convicted of, including three times any mandatory minimum sentence that applies, and life in prison (60 years). (This is often referred to as “three strikes.”)

The act requires the prosecutor, when a person is arrested for one of the crimes that could make him or her eligible for prosecution as a persistent dangerous felony offender, to investigate whether the person meets the criteria to be sentenced as a persistent dangerous felony offender by having two of the required prior convictions. If the prosecutor determines the person would be eligible and the person has been presented to a geographical area courthouse, the prosecutor must have the person transferred to a judicial district courthouse.

The act prohibits a court from accepting a plea of guilty, not guilty, or no contest from someone arrested for one of these crimes unless it finds that the prosecutor investigated the person's eligibility for prosecution and sentencing as a persistent dangerous felony offender.

If the prosecutor finds that a person has the two required prior convictions making him or her eligible for prosecution and sentencing as a persistent dangerous felony offender, the act requires the prosecutor to state on the record specific reasons for terminating or not initiating proceedings to seek an enhanced sentence.

EFFECTIVE DATE: May 8, 2008, except for the appropriations which are effective July 1, 2008.

When evidence lawfully obtained from a hospital indicates that a driver involved in an accident had a blood alcohol level (BAC) exceeding legal limits (.08% or more for people 21 or older and .02% or more for people under age 21), the law permits the DMV commissioner administratively to suspend his or her driver's license. PA 08-01, Jan. Special Session, § 34, imposes the same suspension periods that apply to cases in which a driver's breath test indicates a BAC level over the legal limit.

PA 08-3, June 11, 2008 Special Session, §§ 1-5 generally permits state courts to revoke or reduce any retirement or other benefit due to state or municipal public officials or employees or quasi-public agency members and directors who commit certain crimes related to their employment. The act requires the attorney general to apply to the Superior Court for an order to revoke or reduce the benefits of a public official or employee who, on and after October 1, 2008, is convicted of or pleads guilty or nolo contendere (no contest) in federal or state court to certain crimes. Certain exceptions apply and the court must consider certain factors before revoking or reducing benefits. The attorney general must notify the prosecutor in these criminal cases of the pension revocation statute and that the pension may be used to pay any fine, restitution, or other monetary order the court issues.

PA 09-191 increases the penalty, from a class D to a class C felony, for someone who, in order to elude a police officer, increases his or her driving speed after an officer in a police vehicle signals him or her to stop by using an audible signal or flashing lights. The increased penalty applies for a:

PA 10-36 changes sentencing for two crimes. By law, 2^nd degree kidnapping with a firearm is a class B felony with a three-year mandatory minimum sentence. The act eliminates a requirement that the court impose a five-year prison sentence, which the court could suspend down to the three-year mandatory minimum. By law, 2^nd degree manslaughter with a firearm is a class C felony with a one-year mandatory minimum sentence. The act eliminates a requirement that the court impose a three-year prison sentence, which the court could suspend down to the one-year mandatory minimum.

By law, the issuance of an arrest warrant or a notice to appear for a violation of probation or conditional discharge interrupts the sentence until a court makes a final determination concerning the violation. PA 08-01, Jan. Special Session, § 36 requires the probationer to comply with any conditions already imposed unless the court orders otherwise.

PA 08-102 reduces the maximum probation term the court can impose on someone convicted of a (1) class C, D, or unclassified felony from five to three years; (2) class A misdemeanor from three to two years; and (3) class B misdemeanor from two years to one. But it also gives the court discretion to continue to sentence someone up to the maximum probation terms provided in prior law, on a case-by-case basis.

The act requires a person's probation officer to submit a progress report to the sentencing court, state's attorney, and the probationer's attorney of record if the probationer was sentenced to more than a certain number of years of probation for one of these felonies or misdemeanors. The court must then consider the report and any victim statement to decide whether to continue or terminate the probation. These provisions apply only to sentences imposed on or after October 1, 2008.

The act also reduces the maximum terms of conditional discharge to which a court can sentence an offender. The act reduces the term for:

The act changes the conditions that are imposed on someone who is arrested for a violation of probation or conditional discharge. It also requires the court to dispose of or schedule a hearing on the violation within 120 days after arraignment unless good cause is shown. Prior law required the court to bring a defendant before it for a hearing on the violation without unnecessary delay.

EFFECTIVE DATE: October 1, 2008 except for the provision that changes the conditions of release after an arrest warrant or a notice to appear for a violation of probation or conditional discharge, which is effective May 27, 2008.

PA 10-43 provides that if a person is serving more than one period of probation at the same time, the requirement to submit the progress report is tied to the longer probation period and all the person's probation cases are presented to the court at the same time.

By law, a person sentenced to probation must pay the court a $200 fee. PA 09-84 provides that a person sentenced to a period of probation following a period of incarceration is not required to pay the fee until he or she is released from prison and begins probation.

1. detain for a reasonable time, until a police officer arrives, someone who (a) has one or more unexecuted state or federal arrest warrants against him or her or (b) is subject to the probation officer's arrest powers, when the officer reasonably believes the probationer has violated a condition of probation;

2. seize contraband discovered in the course of official duties, so long as the officer promptly processes the contraband according to law; and

3. act as a member of a state or federal ad hoc fugitive task force seeking out and arresting people with unexecuted state or federal warrants.

Under the act, probation officers carrying out task force duties are acting as state employees and entitled to qualified immunity for negligent acts, so long as the acts are not wanton, reckless, or malicious.

The act also gives officers authority to notify police that someone has violated a condition of probation and the police can arrest the probationer. Previously, this authority only extended to sex offenders who failed to notify probation of an address change (§§ 20 and 29).

PA 08-01, Jan. Special Session, §§ 19 & 20 requires DOC and CSSD to (1) each contract for 12 beds in staff-secure residential sex offender treatment facilities for occupancy by July 1, 2008 and (2) report to the governor and the General Assembly by April 15, 2008 concerning the progress made in contracting for these beds.

PA 10-112 requires (1) people and entities responding to requests for proposals for these contracts to identify and provide descriptions of at least five proposed sites and (2) DOC and CSSD to establish proposal evaluation criteria.

PA 08-54 prohibits superior and probate courts from issuing orders or otherwise allowing people required to register as sex offenders to change their names unless they:

1. notify the public safety commissioner of their intent to seek a name change before filing a name change application with the court;

2. include in the notice the new name being sought; and

3. include in the application a sworn statement that the change is not being sought to avoid the legal consequences of a criminal conviction, including registration as a sex offender.

The act gives the commissioner standing, through the attorney general, to challenge the application in the court where the name change is being sought. The court may deny the application if it finds, by a preponderance of the evidence, that the applicant is seeking the name change to avoid the legal consequences of a criminal conviction.

The law, unchanged by the act, requires people required to register as sex offenders to notify the commissioner of any name change in writing and without undue delay. It also requires the clerk of any court to notify the commissioner whenever the court orders a name change for a person required to register.

Notification of the Release of a Registered Sexual Offender into the Community

PA 09-199 requires the Department of Public Safety to notify the superintendent of schools in the community where a sex offender registrant lives or plans to live whenever the registrant is released from prison. The notice must be by email and include the same registry information currently available to the public through the Internet.

PA 09-7, Sept. Special Session, § 118 requires state-funded homeless shelters that provide residence to offenders listed on the sex offender registry to verify that they are residing there upon the request of law enforcement officers. It requires shelter operating policies to establish a procedure for releasing this information to these officers. Lastly, it prohibits shelters serving homeless families from providing residence to these offenders.

PA 10-112 establishes a civil forfeiture procedure to seize tainted funds and property (i.e., money and property used or obtained from crimes involving sexual offenses). Under the act, the crimes that trigger forfeiture of tainted funds and property are:

1. that portion of the risk of injury to a minor statute involving sale of a child under age 16;

2. 1^st or 2^nd degree promoting prostitution;

3. enticing a minor using an interactive computer;

4. voyeurism, disseminating voyeuristic material, and employing or promoting a minor in an obscene performance;

5. human trafficking; and

6. importing child pornography.

PA 10-112 requires police basic training and review training programs to include a course on sexual assault investigations. They already must teach courses on rape crisis intervention.

PA 08-01, Jan. Special Session, §§ 13-14 & 26-32 requires the Judicial Branch to contract for the establishment and implementation of a statewide, automated victim notification system (SAVIN) to notify registered crime victims of relevant offender information and status reports.

By law, crime victims' immediate family members may appear and make a statement before the BOPP panel that is considering the perpetrator's parole eligibility only if the actual victim of the crime is dead. PA 08-01, Jan. Special Session expressly gives the board discretion to allow one or more family members of a live victim to appear and speak.

The act also directs the Office of Victim Services (OVS) to assign two full-time victim advocates to assist victims who appear before BOPP panels or submit written statements.

PA 08-84 expands courts' authority to issue protective orders. Under the act, they may do so when a person is arrested for committing or attempting to commit:

1. risk of injury by touching the intimate parts of a child under age 16 or subjecting the child to contact with the offender's intimate parts in a sexual and indecent manner likely to impair the child's health or morals;

2. risk of injury by willfully or unlawfully causing or permitting a child under age 16 to be placed in a situation that (a) endangers the child's life or limb, (b) will likely injure his or her health, or (c) will likely impair his or her morals;

3. risk of injury by doing any other act likely to impair the health or morals of a child under age 16;

4. first-, second-, third-, or fourth-degree sexual assault;

5. first-degree aggravated sexual assault;

6. aggravated assault of a minor; or

7. third-degree sexual assault with a firearm.

Courts may already issue protective orders when someone is arrested for stalking or first- or second-degree harassment. By law, violation of a protective order is a class D felony. A violation also violates bail or release conditions and may result in a court raising the amount of bail or revoking release.

PA 09-3, Sept. Special Session, §§ 47-49 authorizes OVS to establish a program to train sexual assault forensic examiners (SAFE) and make them available to adult and adolescent sexual assault victims at participating hospitals. It act allows OVS to apply for and use funds from federal, state, and private sources for the program.

The act creates a 12-member committee to advise OVS on establishing and implementing the program.

PA 09-7, Sept. Special Session, § 178 appropriates $1,021,060 to the Judicial Department in both FY 10 and FY 11 for forensic sex evidence exams. It requires OVS to administer the appropriations.

PA 10-102 requires health care facilities in the state to charge OVS, instead of the Division of Criminal Justice, for sexual assault victim examinations conducted to gather evidence in accordance with state guidelines. By law, these costs cannot be charged to the victim.

By law, the Criminal Injuries Compensation Fund provides compensation and restitution to crime victims. Under prior law, the fund could spend only what was appropriated to it. PA 10-43 also allows the fund to receive and spend any (1) money recovered from responsible parties or (2) reimbursements received by OVS from applicants (victims who receive compensation must reimburse the office for part of the award if they later recover damages from the responsible party).

By law, the OVS or a victim compensation commissioner can pay compensation to the spouse or dependent of a deceased victim if the family qualifies for compensation due to murder or manslaughter of the victim. PA 10-43 eliminates the specific option of providing loans of up to $100,000 at up to 1% interest with repayment starting five years after awarding the loan for (1) essential living expenses directly resulting from the loss of income provided by the victim or (2) preexisting financial obligations that are not otherwise forgiven or excused.

The law allows OVS to make an emergency award to a claimant before taking action on the claim and pending a final determination. PA 10-43 specifies that the decision to make an emergency award is based on reviewing all the information available to the office. It also specifies that payment is expedited rather than immediate.

By law, an emergency award can be up to $2,000, the amount is deducted from the final award, and any amount that is above the amount of the final award must be repaid.

PA 08-1, Jan. Special Session, § 37 requires DOC, BOPP, and CSSD to develop a risk assessment strategy for offenders in DOC custody that will:

1. use a risk assessment tool that accurately rates an offender's likelihood to commit another crime after release from custody and

2. identify support programs that will best position the offender for successful reentry into the community.

Annually, beginning January 1, 2009, the agencies must report to the governor and Judiciary Committee on the strategy's development, implementation, and effectiveness.

PA 08-01, Jan. Special Session, § 38 increases the responsibilities of the Criminal Justice Policy Advisory Commission. The act adds the following responsibilities:

1. monitoring developments throughout the state's criminal justice system;

2. annually, beginning February 15, 2009, reporting to the legislature and governor on (a) the reentry strategy's effectiveness and outcomes, (b) the level of integration and coordination of the information technology systems criminal justice agencies use, and (c) other systemwide issues the commission identifies;

3. by the same date annually, and with the OPM undersecretary serving as facilitator, sponsoring day-long reviews of the state's criminal justice system for the criminal justice community, including reports on progress made during the prior year and challenges to be met;

4. identifying specific reentry service needs in geographic areas throughout the state;

5. identifying institution- and community-based programs and services that effectively address offenders' needs and reduce recidivism, including education and training, employment preparation and job banks, and transitional health care, family support, substance abuse, domestic violence, and sexual offender programs and services;

6. developing a guide to reentry service best practices; and

7. developing and annually updating a plan to ensure that reentry services are available, which may include establishing community reentry centers.

PA 08-143 authorizes certain people convicted in state court and sentenced to a term of imprisonment to present a claim against the state with the claims commissioner for compensation for wrongful conviction. The act requires that they follow the procedures in place for filing a claim against the state.

The act requires the Advisory Commission on Wrongful Convictions to monitor and evaluate the implementation of (1) the procedure the act establishes for compensating wrongfully incarcerated persons; (2) the pilot program to electronically record interrogations of arrested persons; and (3) eyewitness identification procedures that, when practicable, use a double-blind administration.

PA 08-143 requires that beginning with the 2009 session of the General Assembly, a racial and ethnic impact statement be prepared for certain bills and amendments that could, if passed, increase or decrease the pretrial or sentenced prison population. It also requires that by January 1, 2009, the Judiciary Committee recommend a joint legislative rule on the procedure for preparing the statements, their content, and the types of acts and amendments for which they should be prepared.

PA 08-143 extends the reporting deadline for the Connecticut Sentencing Task Force from December 1, 2008 to July 1, 2009. It also requires the task force to recommend, by January 7, 2009, whether to establish a permanent sentencing commission and, if so, the permanent commission's mission, duties, membership, and procedures.

PA 10-129 creates, within existing budgetary resources, a 23-member Connecticut Sentencing Commission to review the existing criminal sentencing structure and any proposed changes to it, including existing statutes, proposed legislation, and existing and proposed sentencing policies and practices. It puts the commission in OPM for administrative purposes only. The act sets out a guiding principle for the commission's work and the purposes of sentencing, lists specific duties for the commission, and authorizes the commission to access information held by state and municipal agencies. It must make recommendations to the governor, legislature, and criminal justice agencies and begin submitting annual reports to the governor, legislature, and Supreme Court chief justice by January 15, 2012.

The law requires the DOC commissioner to submit to the governor and the Judiciary and Labor committees, quarterly reports containing the number of inmate assaults on staff and other inmates, inmate disciplinary reports, and workers' compensation claims. Beginning with the first calendar quarter of FY 2010, PA 09-39 requires that the reports provide the required information for each correctional facility, instead of the system as a whole. In addition, the act requires the reports to include, for each facility and each calendar quarter, the:

The act also requires an explanation of and measure to address certain increases in inmate population density.

PA 09-79 permits information sharing among health care providers treating or evaluating a criminal defendant who has been found, or is believed to be, not guilty due to a mental disease or defect. Prior law had no express authorization for sharing this information without the defendant's written consent. In addition, the act specifies that the 15-day deadline for completing initial competency examinations refers to 15 business days. When a court orders a defendant to be treated to restore his or her competency, the act requires the examiners to give the court-ordered health care provider information they obtained in the course of their evaluation within 24 hours. Finally, no later than five business days after a court determines that a defendant (1) will not become competent within the time that he or she can be detained or supervised or (2) has become competent, the person in charge of the treatment facility, or a designee, must give a copy of its progress report to the examiners that originally evaluated the defendant.

PA 10-28 expands courts' authority to order periodic re-examinations of incompetent defendants who it either (1) releases or (2) places in the DMHAS commissioner's custody with instructions to seek civil commitment. The expansion covers defendants charged with serious sex offenses and specified crimes that resulted in physical injury. The law already allows for periodic re-examinations of defendants charged with crimes that resulted in death or serious physical injury but does not state the frequency of re-examinations. The act specifies that all examinations under these circumstances must be made at least every six months. The act requires DMHAS to notify the court if it releases the defendant before the statute of limitations for prosecuting him or her has expired, if the court's commitment order indicates when this occurs.

PA 09-7, Sept. Special Session, § 42 requires the DOC commissioner and chief court administrator, in consultation with the OPM secretary, to develop a plan to consolidate inmate transportation services provided by DOC and the Judicial Branch. The commissioner and chief court administrator must report to the Appropriations and Judiciary committees by January 1, 2010 on the level of transportation services provided and their cost before and after the proposed consolidation.

PA 09-7, Sept. Special Session, § 168 transfers the Criminal Justice Commission from the executive department for fiscal and budgetary purposes only to the Division of Criminal Justice. It requires the division to provide the commission support staff.

Confidentiality of Documents and Records in Psychiatric Security Review Board Proceedings

PA 10-29 makes public certain mental health information about people under the supervision of the Psychiatric Security Review Board (PSRB) after they are acquitted of a crime due to a mental disease or defect (acquittees). It applies to otherwise-confidential psychological or psychiatric information that either the acquittee or PSRB uses as evidence in a public hearing concerning the acquittee's release, conditional release, temporary leave, or confinement. The act also makes the same change for disclosure rules that mental status examinations acquittees must undergo while conditionally released into the community. Finally, the act requires PSRB to hold a hearing before granting requests for a temporary leave. Previously, hearings were required only for decisions to discharge, conditionally discharge, or continue the acquittee's confinement.

PA 10-179, § 158 eliminates the requirement that DAS contract for ombudsman services to receive and investigate complaints from inmates in DOC custody. It also eliminates provisions on handling the complaints and communications with inmates.


August 20, 2010		2010-R-0358
CRIMINAL JUSTICE LEGISLATION SINCE JULY 2007

By: Christopher Reinhart, Chief Attorney