Substitute House Bill No. 6935
          Substitute House Bill No. 6935

              PUBLIC ACT NO. 93-310

AN ACT CONCERNING VICTIM SERVICES.


    Section  1.  Section  54-202  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [(a)  There  is  established  a  commission on
victim services, hereinafter referred to  as  "the
commission",  to  consist  of  five  members to be
appointed by  the  governor.  The  governor  shall
designate  one  of the members as chairperson. One
member   of   the   commission   shall    be    an
attorney-at-law admitted to practice in this state
for at least five years. One  member  shall  be  a
medical   or  osteopathic  physician  licensed  to
practice in this state. One  member  shall  be  an
elector  who has at least five years of experience
in the delivery of  victim  services,  one  member
shall  be  an  elector with at least five years of
experience in  the  insurance  industry  with  the
handling  of personal injury claims and one member
shall  be   an   elector   who   is   neither   an
attorney-at-law   nor   a  physician  licensed  to
practice in this state. The terms of  the  members
serving  before  October  1, 1992, shall expire on
September 30, 1992.]
    (a)  On  or  before  [October 1, 1992] JULY 1,
1993, the governor shall appoint five [members  of
the  commission,  three  of  whom  shall serve for
terms of four years and two of  whom  shall  serve
for  terms  of  two  years. Upon the expiration of
such terms  and  thereafter,  the  governor  shall
appoint   either   two   or   three   members,  as
appropriate, to serve for terms of four years  and
until  a successor is appointed and qualified. The
commission shall not be construed to be a board or
commission within the meaning of subsection (b) of
section 4-9a. The commission shall be  within  the
office of policy and management for administrative
purposes only] VICTIM  COMPENSATION  COMMISSIONERS
FOR  A  TERM OF FOUR YEARS TO CONDUCT HEARINGS AND
MAKE DETERMINATIONS AS PROVIDED IN  THIS  CHAPTER.
TO   BE   ELIGIBLE   FOR   APPOINTMENT,  A  VICTIM
COMPENSATION COMMISSIONER SHALL HAVE BEEN ADMITTED
TO  THE PRACTICE OF LAW IN THIS STATE FOR AT LEAST
FIVE YEARS PRIOR TO THE APPOINTMENT.
    (b)  Each  [member  of  the commission] VICTIM
COMPENSATION COMMISSIONER shall  be  eligible  for
reappointment  and  [any member of the commission]
may be removed by the governor  for  inefficiency,
neglect of duty or malfeasance in office after due
notice and hearing.
    (c)  A  CHIEF VICTIM COMPENSATION COMMISSIONER
SHALL   BE   DESIGNATED   BY   THE   CHIEF   COURT
ADMINISTRATOR   FROM   AMONG   THE   FIVE   VICTIM
COMPENSATION  COMMISSIONERS   APPOINTED   BY   THE
GOVERNOR.   THE   CHIEF  COURT  ADMINISTRATOR  MAY
APPOINT QUALIFIED ATTORNEYS TO SERVE AS  TEMPORARY
VICTIM   COMPENSATION  COMMISSIONERS  WHEN  VICTIM
COMPENSATION COMMISSIONERS ARE  NOT  AVAILABLE  OR
WHEN  ADDITIONAL VICTIM COMPENSATION COMMISSIONERS
ARE NECESSARY FOR THE  EXPEDITIOUS  PROCESSING  OF
CLAIMS.      TEMPORARY     VICTIM     COMPENSATION
COMMISSIONERS SHALL HAVE THE  SAME  QUALIFICATIONS
FOR  APPOINTMENT  AND  THE  SAME  POWERS AS VICTIM
COMPENSATION COMMISSIONERS.
    [(c)]  (d)  Each  [member  of  the  commission
shall serve  without  compensation  but  shall  be
reimbursed  for  actual  expenses  incurred  while
engaged in the duties of said  commission,  except
that  any  member  serving  on  an  appeals  panel
pursuant to subsection (d) of this section] VICTIM
COMPENSATION  COMMISSIONER  AND  TEMPORARY  VICTIM
COMPENSATION  COMMISSIONER   shall   receive   one
hundred TWENTY-FIVE dollars for each day of [such]
service. [in addition to actual expenses.]
    [(d)  The  commission  may appoint one or more
hearing officers who shall be admitted to practice
law  in  this  state  for  at  least five years to
conduct  hearings  and  take  testimony   in   any
proceeding  conducted  pursuant to this chapter. A
hearing officer acting pursuant to this subsection
shall  report his findings of fact and conclusions
of law to the executive director of the commission
and  the  commission  together  with  his  reasons
therefor.   The   executive   director   and   the
commission  shall  act only after consideration of
the report and upon  such  other  evidence  as  it
deems  appropriate.  The executive director of the
commission or his designee may make a  preliminary
evaluation  of  an  application.  Such preliminary
evaluation shall be final  unless,  within  thirty
days  of  such evaluation, the claimant requests a
hearing before an appeals panel composed of  three
members   of   the  commission  appointed  by  the
chairman of the commission. Final determination of
all  other  matters  shall  be  made  only by such
appeals panel.
    (e)  Subject  to the provisions of chapter 67,
the commission may appoint and fix the  duties  of
such  personnel  as are necessary for carrying out
its functions under this chapter.]
    Sec.   2.   Section   54-203  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [The   commission  shall  have  the  following
powers and duties:
    (a)  To  establish,  within  the commission, a
division of crime victims' compensation under  the
direction   and   supervision   of  the  executive
director and the deputy director  of  compensation
to   implement  the  crime  victims'  compensation
program pursuant to the provisions  of  subsection
(d)  of section 54-202, subsections (c), (d), (f),
(g) and (i) of this section and section 54-204  to
54-218, inclusive;
    (b)  To  establish,  within  the commission, a
division of victim services  under  the  direction
and  supervision of the executive director and the
deputy director of victim services  to  coordinate
services  to  victims by state and community-based
agencies with priority to victims of violent crime
pursuant  to  the  provisions  of subsections (e),
(h), (i), (j), (k),  (l),  (n)  and  (o)  of  this
section;]
    (a)  THERE  IS ESTABLISHED AN OFFICE OF VICTIM
SERVICES WITHIN THE JUDICIAL DEPARTMENT.
    (b)  THE  OFFICE OF VICTIM SERVICES SHALL HAVE
THE FOLLOWING POWERS AND DUTIES:
    [(c)]  (1)  To  direct  each hospital, whether
public or private, to display prominently  in  its
emergency   room  posters  giving  notice  of  the
availability of  compensation  and  assistance  to
victims  of  crime or their dependents pursuant to
this chapter, and to direct every law  enforcement
agency  of the state to inform victims of crime or
their dependents of their rights pursuant to  this
chapter;
    [(d)]  (2)  To  request from the office of the
state's  attorney,  state  police,  local   police
departments  or  any  law  enforcement agency such
investigation  and  data  as   will   enable   the
[commission]   OFFICE   OF   VICTIM   SERVICES  to
determine if in fact the applicant was a victim of
a crime or attempted crime and the extent, if any,
to which the victim or  claimant  was  responsible
for his own injury;
    [(e)]  (3)  To  request from the department of
correction,   OTHER   UNITS   OF   the    judicial
department,  the board of pardons and the board of
parole  such  information  as  will   enable   the
[commission]   OFFICE   OF   VICTIM   SERVICES  to
determine if in fact a person  who  has  requested
notification  pursuant  to  section  54-228  was a
victim of a crime;
    [(f)]  (4)  To  direct  medical examination of
victims as a requirement for  payment  under  this
chapter;
    [(g)]  (5)  To  take  or  cause  to  be  taken
affidavits or depositions within  or  without  the
state;
    [(h)]  (6)  To  apply  for, receive, allocate,
disburse and account  for  grants  of  funds  made
available  by  the  United  States,  by the state,
foundations, corporations  and  other  businesses,
agencies or individuals to implement a program for
victim services which shall assist  witnesses  and
victims  of  crimes  as the [commission] OFFICE OF
VICTIM  SERVICES  deems  appropriate  within   the
resources  available and to coordinate services to
victims by  state  and  community-based  agencies,
with  priority given to victims of violent crimes,
by [(1) appointing] (A) ASSIGNING, IN CONSULTATION
WITH THE DIVISION OF CRIMINAL JUSTICE, such victim
advocates as are necessary to  provide  assistance
[and  assigning  such  advocates  as determined by
agreement between the commission and the  division
of criminal justice, (2)] (B) administering victim
service programs; [under the direct control of the
commission;  and  (3)]  AND (C) awarding grants or
purchase of service contracts in  accordance  with
the  plan  developed under [subsection (q) of this
section] SUBDIVISION (15) OF  THIS  SUBSECTION  to
private  nonprofit organizations or local units of
government for the direct  delivery  of  services,
the provision of training and technical assistance
of victim service providers  and  the  development
and  implementation of public education campaigns.
Such grants and contracts shall be the predominant
method  by which the [commission] OFFICE OF VICTIM
SERVICES  shall  develop,  implement  and  operate
direct  service  programs and provide training and
technical assistance to victim service providers;
    [(i)]  (7)  To provide each person who applies
for  compensation  pursuant  to  section   54-204,
within  ten  days  of  the date of receipt of such
application, with a  written  list  of  rights  of
victims of crime involving personal injury and the
programs available in this state  to  assist  such
victims.   The   [commission]   OFFICE  OF  VICTIM
SERVICES, the state  or  any  agent,  employee  or
officer  thereof  shall  not  be  liable  for  the
failure  to  supply  such  list  or  any   alleged
inadequacies   of   such  list.  Such  list  shall
include, but not be limited to:
    [(1)]   (A)   Subject  to  the  provisions  of
sections 18-81e and 51-286e, the victim shall have
the  right to be informed concerning the status of
his or her case and to be informed of the  release
from custody of the defendant;
    [(2)]   (B)   Subject  to  the  provisions  of
section 54-91c, the victim shall have the right to
present a statement of his or her losses, injuries
and wishes to the prosecutor and the  court  prior
to the acceptance by the court of a plea of guilty
or  nolo  contendere  made  pursuant  to  a   plea
agreement  with  the  state  wherein the defendant
pleads to a lesser offense than the  offense  with
which [he] THE DEFENDANT was originally charged;
    [(3)]   (C)   Subject  to  the  provisions  of
section  54-91c,  prior  to  the   imposition   of
sentence upon the defendant, the victim shall have
the right to submit a statement to the  prosecutor
as to the extent of any injuries, financial losses
and loss of earnings directly resulting  from  the
crime;
    [(4)]   (D)   Subject  to  the  provisions  of
section 54-126a, the victim shall have  the  right
to  appear  before  a panel of the board of parole
and make a statement as to whether  the  defendant
should  be  released  on  parole  and any terms or
conditions to be imposed upon any such release;
    [(5)]   (E)   Subject  to  the  provisions  of
section 54-36a, the victim shall have the right to
have  any  property [he] THE VICTIM owns which was
seized by police in connection with an  arrest  to
be returned; [to him;]
    [(6)]   (F)   Subject  to  the  provisions  of
sections 54-56e and 54-142c, the victim shall have
the right to be notified of the application by the
defendant for the pretrial program for accelerated
rehabilitation   and  to  obtain  from  the  court
information as to whether the criminal prosecution
in the case has been dismissed;
    [(7)]   (G)   Subject  to  the  provisions  of
section  54-85b,  the  victim  cannot  be   fired,
harassed  or  otherwise  retaliated  against by an
employer for  appearing  under  a  subpoena  as  a
witness in any criminal prosecution;
    [(8)]   (H)   Subject  to  the  provisions  of
section 54-86g, the parent or legal guardian of  a
child  twelve  years  of  age  or younger who is a
victim  of  child  abuse  or  sexual  assault  may
request  special  procedural  considerations to be
taken during the testimony of the child;
    [(9)]   (I)   Subject  to  the  provisions  of
section 46b-15, the victim of assault by a  spouse
or  former  spouse, family or household member has
the right to request the arrest of  the  offender,
request   a  protective  order  and  apply  for  a
restraining order;
    [(10)]   (J)  Subject  to  the  provisions  of
sections 52-146k, 54-86e and 54-86f, the victim of
sexual  assault  or  domestic  violence can expect
certain records to remain confidential;
    [(j)]  (8)  To   provide   a  victims'  rights
information clearinghouse which shall be a central
repository  of  information  regarding  rights  of
victims  of  crime  [and  victims  of  torts]  and
services available to such victims, and to collect
and  disseminate  such   information   to   assist
victims;
    [(k)]  (9)  To provide, NOT LATER THAN JANUARY
1, 1994,  a  victims'  notification  clearinghouse
which  shall  be a central repository for requests
for notification filed pursuant to sections 54-228
and 54-229, and to notify, ON AND AFTER JANUARY 1,
1994,  persons  who  have  filed  such  a  request
whenever  an inmate has applied for release from a
correctional institution or reduction of  sentence
or  review  of sentence pursuant to section 54-227
or  whenever  an  inmate  is   released   from   a
correctional  institution  and,  [not  later  than
April  1,  1993,  and  thereafter]  ON  AND  AFTER
JANUARY  1, 1994, to provide [for the notification
of] victims of family violence crimes,  [of]  UPON
REQUEST,  INFORMATION  CONCERNING any modification
or termination of criminal orders of protection;
    [(l)]  (10)  To  provide  a  telephone hotline
that shall provide information  on  referrals  for
various services for victims of crime [and victims
of torts] and their families;
    [(m)]  (11) To  [appoint  and]  provide  staff
services to a state advisory council. [consisting]
THE COUNCIL SHALL CONSIST of not more than fifteen
members [as follows:  Six  members  shall]  TO  BE
APPOINTED BY THE  CHIEF  JUSTICE AND SHALL INCLUDE
THE  CHIEF VICTIM  COMPENSATION  COMMISSIONER  AND
MEMBERS   WHO   represent    victim   populations,
including but not  limited to, homicide survivors,
family violence victims,  sexual  assault victims,
victims of drunk  drivers,  [accident victims] and
assault   and  robbery   victims;   [two   members
designated by the chief court administrator shall]
AND MEMBERS WHO  represent  the judicial branch [;
and one member  shall  represent  the  division of
criminal justice] AND  EXECUTIVE  BRANCH  AGENCIES
INVOLVED WITH VICTIMS  OF CRIME. The members shall
serve for terms  of four years. Any vacancy in the
membership  shall  be  filled  by  the  appointing
authority for the  balance  of the unexpired term.
[The members shall  elect a chairperson from among
their  number.]  The   members  shall  receive  no
compensation for their services. The council shall
meet at least  six times a year. The council shall
recommend to the  [commission]  OFFICE  OF  VICTIM
SERVICES  program, legislative  or  other  matters
which would improve  services  to victims of crime
[and victims of  torts, annually review and advise
the commission regarding  the  proposed  budget of
the commission] and  develop  and coordinate needs
assessments    for    both     court-based     and
community-based victim services. THE CHIEF JUSTICE
SHALL APPOINT TWO  MEMBERS TO SERVE AS COCHAIRMEN.
Not later than  December  fifteenth  of each year,
the  council  shall  report  the  results  of  its
findings and activities  to  the  [commission, and
such report shall be included in the annual report
of  the commission  pursuant  to  section  54-214]
CHIEF COURT ADMINISTRATOR;
    [(n)  (1)]  (12) To utilize such voluntary and
uncompensated  services  of  private  individuals,
agencies  and  organizations  as  may from time to
time be offered and needed; [(2) to]
    (13)    TO   recommend   policies   and   make
recommendations to agencies and  officers  of  the
state   and   local   subdivisions  of  government
relative to victims of crime;
    [(o)]  (14)  To provide support and assistance
to  state-wide  victim  services  coalitions   and
groups; AND
    [(p)  To adopt rules as it deems necessary for
the conduct of internal affairs of the commission,
including   a   compensation  plan  and  personnel
policies; and]
    [(q)]  (15)  To  develop, in coordination with
the department of human resources, the  department
of  health  services,  the  office  of  policy and
management, [the judicial branch,] the  department
of children and youth services and the division of
criminal justice, a  comprehensive  plan  to  more
effectively administer crime victims' compensation
and coordinate the delivery of services  to  crime
victims,  [and  victims  of  torts,] including the
funding of  such  services.  Such  plan  shall  be
submitted to the governor and the general assembly
not later than  [September  1,  1993]  JANUARY  1,
1994.
    Sec.   3.   Section   54-204  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)   Any  person  who  may  be  eligible  for
compensation or  restitution  services,  or  both,
pursuant  to  this  chapter  may  make application
therefor to  the  [commission]  OFFICE  OF  VICTIM
SERVICES.   If   the   person   entitled  to  make
application is a minor or incompetent person,  the
application  may  be  made  on [his] SUCH PERSON'S
behalf by [his] A parent, guardian or other  legal
representative OF THE MINOR OR INCOMPETENT PERSON.
    (b)  In  order to be eligible for compensation
or restitution services under  this  chapter,  the
applicant shall prior to a [hearing] DETERMINATION
on any application made pursuant to  this  chapter
submit  reports  if  reasonably available from all
physicians  or  surgeons  who  have   treated   or
examined  the victim in relation to the injury for
which compensation is claimed at the  time  of  or
subsequent  to the victim's injury or death. If in
the opinion of  the  [commission  or  the  hearing
examiner] OFFICE OF VICTIM SERVICES OR, ON REVIEW,
A VICTIM COMPENSATION COMMISSIONER, reports on the
previous    medical   history   of   the   victim,
examination of the injured  victim  and  a  report
thereon  or  a report on the cause of death of the
victim by an impartial medical expert would be  of
material  aid  to  its  just  determination,  [the
commission]  SAID  OFFICE  OR  COMMISSIONER  shall
order   such   reports   and   examinations.   Any
information  received  which  is  confidential  in
accordance  with  any  provision  of  the  general
statutes shall remain confidential  while  in  the
custody  of  the  [commission]  OFFICE  OF  VICTIM
SERVICES OR A VICTIM COMPENSATION COMMISSIONER.
    Sec.   4.   Section   54-205  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)    Upon   application   made   under   the
provisions of this chapter, the [commission  shall
fix  a time and place for a hearing and shall give
notice thereof to the applicant] OFFICE OF  VICTIM
SERVICES  SHALL  REVIEW  SUCH APPLICATION, MAKE AN
APPROPRIATE DETERMINATION IN WRITING, AND  PROVIDE
NOTICE  TO THE APPLICANT OF SUCH DETERMINATION. IN
ORDER TO MAKE A DETERMINATION ON  AN  APPLICATION,
THE OFFICE OF VICTIM SERVICES MAY ADMINISTER OATHS
OR  AFFIRMATIONS,  MAY  SUBPOENA  ANY  WITNESS  TO
APPEAR  OR  MAY  ISSUE  A  SUBPOENA  DUCES  TECUM,
PROVIDED NO SUBPOENA SHALL BE ISSUED EXCEPT  UNDER
THE    SIGNATURE    OF   A   VICTIM   COMPENSATION
COMMISSIONER. ANY APPLICATION TO ANY COURT FOR AID
IN ENFORCING SUCH SUBPOENA MAY BE MADE IN THE NAME
OF THE OFFICE OF VICTIM SERVICES ONLY BY A  VICTIM
COMPENSATION   COMMISSIONER.  SUBPOENAS  SHALL  BE
SERVED  BY  ANY  PERSON  DESIGNATED  BY  A  VICTIM
COMPENSATION COMMISSIONER.
    (b)   AN   APPLICANT   MAY   REQUEST   THAT  A
DETERMINATION MADE PURSUANT TO SUBSECTION  (a)  OF
THIS  SECTION BE REVIEWED BY A VICTIM COMPENSATION
COMMISSIONER BY FILING A REQUEST FOR  REVIEW  WITH
THE   OFFICE   OF   VICTIM  SERVICES,  ON  A  FORM
PRESCRIBED  BY  THE  OFFICE  OF  THE  CHIEF  COURT
ADMINISTRATOR,  WITHIN  FOURTEEN DAYS FROM MAILING
OF THE NOTICE OF SUCH DETERMINATION.
    [(b)]  (c)  For  the  purposes of carrying out
the provisions of this chapter, [the commission or
its  hearing  officer  may]  A VICTIM COMPENSATION
COMMISSIONER SHALL HEAR  ANY  REQUEST  FOR  REVIEW
FILED  BY AN APPLICANT PURSUANT TO THIS CHAPTER TO
WHICH SUCH COMMISSIONER IS ASSIGNED AND SHALL MAKE
A  WRITTEN  DETERMINATION  ON SUCH APPLICATION FOR
COMPENSATION. A VICTIM  COMPENSATION  COMMISSIONER
SHALL  hold  such  hearings [, sit and act at such
times and places] and take such testimony  as  [it
or  he] SUCH COMMISSIONER may deem advisable. [The
commission or its hearing officer] A  COMMISSIONER
may  administer oaths or affirmations to witnesses
[. The commission] AND shall have  full  power  to
subpoena  any witness to appear and give testimony
or to issue a subpoena duces tecum. [, provided no
subpoena   shall   be   issued  except  under  the
signature of  a  member  of  the  commission,  and
application to any court for aid in enforcing such
subpoena may be made in the name of the commission
only  by  a  member  thereof.]  Subpoenas shall be
served  by   any   person   designated   by   [the
commission] A VICTIM COMPENSATION COMMISSIONER.
    (d) NO WITNESS UNDER SUBPOENA AUTHORIZED TO BE
ISSUED BY THE  PROVISIONS OF THIS SECTION SHALL BE
EXCUSED FROM TESTIFYING OR FROM PRODUCING RECORDS,
PAPERS OR DOCUMENTS.  IF  ANY PERSON DISOBEYS SUCH
PROCESS OR, HAVING  APPEARED IN OBEDIENCE THERETO,
REFUSES TO ANSWER  ANY  PERTINENT  QUESTION PUT TO
HIM BY THE  VICTIM COMPENSATION COMMISSIONER OR TO
PRODUCE  ANY  RECORDS,  PAPERS  OR  DOCUMENTS  AND
APPEARS PURSUANT THERETO,  SAID  COMMISSIONER  MAY
APPLY  TO THE  SUPERIOR  COURT  FOR  THE  JUDICIAL
DISTRICT OF HARTFORD-NEW  BRITAIN,  SETTING  FORTH
SUCH DISOBEDIENCE TO PROCESS OR REFUSAL TO ANSWER.
THE COURT SHALL  CITE SUCH PERSON TO APPEAR BEFORE
SAID COURT TO  ANSWER  SUCH QUESTION OR TO PRODUCE
SUCH RECORDS, PAPERS OR DOCUMENTS OR TO SHOW CAUSE
WHY A QUESTION  PUT  TO HIM SHOULD NOT BE ANSWERED
OR WHY SUCH  RECORDS,  PAPERS  OR DOCUMENTS SHOULD
NOT BE PRODUCED.  UPON  SUCH  PERSON'S  REFUSAL TO
ANSWER OR PRODUCE  RECORDS, PAPERS OR DOCUMENTS OR
TO SHOW CAUSE, THE COURT MAY COMMIT SUCH PERSON TO
A COMMUNITY CORRECTIONAL  CENTER UNTIL SUCH PERSON
COMPLIES, BUT NOT  FOR  A LONGER PERIOD THAN SIXTY
DAYS. NOTWITHSTANDING ANY  SUCH COMMITMENT OF SUCH
PERSON, THE VICTIM  COMPENSATION  COMMISSIONER MAY
PROCEED WITH THE  HEARING  AS  IF SUCH WITNESS HAD
TESTIFIED ADVERSELY REGARDING  HIS INTEREST IN THE
PROCEEDING.
    [(c)]  (e)  The applicant and any other person
having a substantial interest in a proceeding  may
appear BEFORE THE VICTIM COMPENSATION COMMISSIONER
and be heard, produce evidence  and  cross-examine
witnesses  in  person  or  by  his  attorney.  The
[commission  or  its   hearing   officer]   VICTIM
COMPENSATION COMMISSIONER also may hear such other
persons as in  [its  or  his]  THE  COMMISSIONER'S
judgment may have relevant evidence to submit.
    [(d)]    (f)    Any    statement,    document,
information  or  matter  may   be   [received   in
evidence]  CONSIDERED  BY  THE  OFFICE  OF  VICTIM
SERVICES OR, ON REVIEW, BY A  VICTIM  COMPENSATION
COMMISSIONER, if in the opinion of [the commission
or   its   hearing   officer]   SAID   OFFICE   OR
COMMISSIONER, it contributes to a determination of
the claim,  whether  or  not  the  same  would  be
admissible in a court of law.
    [(e)]  (g) If any person has been convicted of
any offense with respect to  an  act  on  which  a
claim  under  this chapter is based, proof of that
conviction shall be taken as  conclusive  evidence
that  the  offense  has  been  committed  by  such
person, unless an appeal or  any  proceeding  with
regard thereto is pending.
    [(f)  Orders  and  decisions of the commission
shall be final.]
    Sec.   5.   Section   54-206  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [The   commission]   A   VICTIM   COMPENSATION
COMMISSIONER may, as part  of  any  order  entered
under this chapter, determine and allow reasonable
attorney's fees, which shall  not  exceed  fifteen
per  cent  of  the  amount awarded as compensation
under section 54-208, to be paid out of but not in
addition  to  the  amount of such compensation. No
such attorney  shall  ask  for,  contract  for  or
receive any larger sum than the amount so allowed.
    Sec.  6.  (NEW)  The office of the chief court
administrator shall prescribe  such  policies  and
procedures,  as deemed necessary, to implement the
provisions of chapter 968 of the general statutes,
and   may  formulate  standards  for  the  uniform
application of  the  payment  of  compensation  of
claims.
    Sec.   7.   Section   54-208  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  If  a  person  is  injured  or  killed as
provided  in  section  54-209,  the   [commission]
OFFICE  OF VICTIM SERVICES OR, ON REVIEW, A VICTIM
COMPENSATION COMMISSIONER may order the payment of
compensation  in accordance with the provisions of
this chapter: (1) To or for  the  benefit  of  the
injured person; (2) in the case of personal injury
of the victim, to any person responsible  for  the
maintenance   of   the  victim  who  has  suffered
pecuniary loss as a result of such injury, or  (3)
in  the case of death of the victim, to or for the
benefit of any one or more of  the  dependents  of
the  victim  including  any  dependent  child of a
homicide victim who was killed by the other parent
[,   provided  the  proceeds  of  any  payment  of
compensation shall be placed in a trust  fund  for
the  benefit of any such child until such child or
children reach the age of eighteen years,]  or  to
any   person  who  has  suffered  pecuniary  loss,
including but not limited to funeral expenses,  as
a result of such death.
    (b)  For  the  purposes  of  this  chapter,  a
person shall be deemed to  have  intended  an  act
notwithstanding  that, by reason of age, insanity,
drunkenness or otherwise, he was legally incapable
of forming a criminal intent.
    (c)  In  determining  whether to make an order
under this section,  the  [commission]  OFFICE  OF
VICTIM   SERVICES   OR,   ON   REVIEW,   A  VICTIM
COMPENSATION  COMMISSIONER  shall   consider   all
circumstances determined to be relevant, including
but not limited to  provocation,  consent  or  any
other  behavior  of  the  victim which directly or
indirectly  contributed  to  [his]  SUCH  VICTIM'S
injury  or  death,  need  for  financial  aid, the
extent  of  the  victim's  cooperation  [with  the
commission]  IN  investigating  [his  or  her] THE
application  and  THE  EXTENT  OF   THE   VICTIM'S
COOPERATION with law enforcement agencies in their
efforts to apprehend and prosecute  the  offender,
and any other relevant matters.
    (d)  An  order  may be made under this section
whether  or  not  any  person  is  prosecuted   or
convicted  of any offense arising out of such act.
Upon   application   made   by   an    appropriate
prosecuting  authority, the [commission] OFFICE OF
VICTIM   SERVICES   OR   A   VICTIM   COMPENSATION
COMMISSIONER  may suspend MAKING ANY DETERMINATION
OR ANY proceedings, AS THE CASE MAY BE, under this
chapter for such period as it deems appropriate on
the ground  that  a  prosecution  for  an  offense
arising  out  of  such  act  or  omission has been
commenced or is imminent.
    (e)  In determining the amount of compensation
to be allowed, the [commission] OFFICE  OF  VICTIM
SERVICES  OR,  ON  REVIEW,  A  VICTIM COMPENSATION
COMMISSIONER shall take into consideration amounts
that  the applicant has received or is eligible to
receive  from  any  other   source   or   sources,
including  but  not limited to payments from state
and municipal agencies,  insurance  benefits,  and
workers'  compensation  awards, as a result of the
incident   or   offense   giving   rise   to   the
application.
    (f)  Payments  shall  be  in  a  manner  to be
determined by the [commission]  OFFICE  OF  VICTIM
SERVICES, including but not limited to lump sum or
periodic payments. [, annuities  and  deposits  in
accounts  held  in  trust  for  the benefit of the
applicant.] IF AN AWARD  IS  NOT  CLAIMED  BY  THE
APPLICANT  WITHIN  FORTY-FIVE DAYS AFTER NOTICE OF
THE AWARD,  THE  OFFICE  OF  VICTIM  SERVICES  MAY
VACATE SUCH AWARD.
    Sec.   8.   Section   54-209  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)   The   [commission]   OFFICE   OF  VICTIM
SERVICES OR,  ON  REVIEW,  A  VICTIM  COMPENSATION
COMMISSIONER may order the payment of compensation
in accordance with the provisions of this  chapter
for  personal injury or death which resulted from:
(1) An attempt to prevent the commission of  crime
or  to apprehend a suspected criminal or in aiding
or attempting to aid a police officer  so  to  do,
(2) the commission or attempt to commit by another
of any crime as provided in section 53a-24, or (3)
the operation of a motor vehicle by another person
who was subsequently  convicted  with  respect  to
such operation for a violation of section 14-227a,
53a-56b or 53a-60d.
    (b)  In the absence of conviction, as provided
in subdivision  (3)  of  subsection  (a)  of  this
section,   the   [commission]   OFFICE  OF  VICTIM
SERVICES OR,  ON  REVIEW,  A  VICTIM  COMPENSATION
COMMISSIONER  may  order  payment  of compensation
under this section if, upon consideration  of  all
circumstances   determined  to  be  relevant,  the
[commission] OFFICE OF VICTIM SERVICES OR A VICTIM
COMPENSATION  COMMISSIONER,  AS  THE  CASE MAY BE,
reasonably  concludes  that  another  person   has
operated  a  motor vehicle in violation of section
14-227a, 53a-56b or 53a-60d.
    (c)  Except  as provided in subdivision (3) of
subsection (a) and subsection (b) of this section,
no  act involving the operation of a motor vehicle
which results in injury shall constitute  a  crime
for  the  purposes  of  this  chapter  unless  the
injuries were intentionally inflicted through  the
use of the vehicle.
    (d)  Evidence  of  an order for the payment of
compensation by the [commission] OFFICE OF  VICTIM
SERVICES  OR A VICTIM COMPENSATION COMMISSIONER in
accordance with the  provisions  of  this  chapter
shall not be admissible in any civil proceeding to
prove  the  liability  of  any  person  for   such
personal  injury  or  death  or  in  any  criminal
proceeding to prove the guilt or innocence of  any
person for any crime.
    Sec.   9.   Section   54-210  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)   The   [commission]   OFFICE   OF  VICTIM
SERVICES OR A VICTIM COMPENSATION COMMISSIONER may
order  the  payment  of  compensation  under  this
chapter for: (1) Expenses actually and  reasonably
incurred  as  a  result  of the personal injury or
death of the victim; (2) loss of earning power  as
a  result  of  total or partial incapacity of such
victim; (3) pecuniary loss to  the  dependents  of
the  deceased  victim,  and  (4)  any  other loss,
EXCEPT AS SET FORTH IN SECTION 54-211, AS  AMENDED
BY  SECTION  10  OF  THIS  ACT, resulting from the
personal injury or death of the victim  which  the
[commission] OFFICE OF VICTIM SERVICES OR A VICTIM
COMPENSATION COMMISSIONER, AS  THE  CASE  MAY  BE,
determines  to  be  reasonable. There shall be one
hundred dollars deductible from the  total  amount
determined  by  said [commission] OFFICE OR VICTIM
COMPENSATION COMMISSIONER.
    (b)   [The   commission   may  order  payment]
PAYMENT of compensation under this chapter MAY  BE
MADE  to  a  person  who  is a recipient of income
assistance  under  chapters  302  and   308,   for
necessary   and  reasonable  expenses  related  to
injuries resulting from a crime and  not  provided
for by the income assistance program in which such
person  is  a  participant.  Unless  required   by
federal  law,  no such payment shall be considered
an asset for  purposes  of  eligibility  for  such
assistance.
    Sec.   10.   Section  54-211  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)   (1)   No   order   for  the  payment  of
compensation shall be made  under  section  54-210
unless  the  application  has been made within two
years after the date of  the  personal  injury  or
death,  and  the  personal injury or death was the
result of an incident or offense listed in section
54-209  which  has  been  reported  to  the police
within five days of  its  occurrence  or,  if  the
incident or offense could not reasonably have been
reported within such period, within five  days  of
the  time when a report could reasonably have been
made.  (2)  Notwithstanding  the   provisions   of
subdivision (1) of this subsection, any person who
fails to make application for compensation  within
two years after the date of the personal injury or
death  as  a  result  of  physical,  emotional  or
psychological  injuries  caused  by  such personal
injury or death may apply for  a  waiver  of  such
time  limitation,  provided  in  no event may such
application FOR WAIVER OF THE TIME  LIMITATION  be
filed  later than six years after the date of such
personal injury or death. The [commission]  OFFICE
OF   VICTIM  SERVICES,  upon  a  finding  of  such
physical, emotional or psychological  injury,  may
grant   such   waiver.   (3)  Notwithstanding  the
provisions of subdivision (1) of this  subsection,
any  minor  who  fails  to  make  application  for
compensation within two years after  the  date  of
the  personal  injury  or death as a result of the
negligence of the parent, guardian or custodian of
such  minor,  may  apply for a waiver of such time
limitation,  provided  in  no   event   may   such
application  be  filed  later than two years after
such minor attains the age of majority,  or  seven
years  after  the  date  of the personal injury or
death,  whichever  is  sooner.  The   [commission]
OFFICE  OF VICTIM SERVICES, upon a finding of such
negligence, may  grant  such  waiver.  ANY  WAIVER
DENIED BY THE OFFICE OF VICTIM SERVICES UNDER THIS
SUBSECTION   MAY   BE   REVIEWED   BY   A   VICTIM
COMPENSATION  COMMISSIONER,  PROVIDED SUCH REQUEST
FOR  REVIEW  IS  MADE  BY  THE  APPLICANT   WITHIN
FOURTEEN  DAYS  FROM  THE MAILING OF THE NOTICE OF
DENIAL BY THE OFFICE  OF  VICTIM  SERVICES.  IF  A
VICTIM   COMPENSATION   COMMISSIONER  GRANTS  SUCH
WAIVER   THE   COMMISSIONER   SHALL   REFER    THE
APPLICATION  FOR  COMPENSATION  TO  THE  OFFICE OF
VICTIM SERVICES FOR A  DETERMINATION  PURSUANT  TO
SECTION  54-205,  AS  AMENDED BY SECTION 4 OF THIS
ACT.
    (b)  No  compensation shall be awarded if: (1)
The offender is unjustly enriched  by  the  award,
provided  compensation  awarded  to a victim which
would  benefit  the  offender  in  a  minimal   or
inconsequential  manner  shall  not  be considered
unjust enrichment; (2) the victim violated a penal
law  of  this  state,  which  violation  caused or
contributed to his injuries or  death.  [When  the
commission  has reason to believe that an offender
may be unjustly enriched by an award greater  than
two  hundred  fifty  dollars, the commission shall
investigate any relationship  between  the  victim
and     the    offender    and    the    financial
responsibilities and resources of the  victim  and
the offender.]
    (c)  NO  COMPENSATION  SHALL  BE  AWARDED  FOR
LOSSES SUSTAINED FOR CRIMES  AGAINST  PROPERTY  OR
FOR   NONECONOMIC   DETRIMENT  SUCH  AS  PAIN  AND
SUFFERING.
    [(c)]  (d)  No  compensation  shall be awarded
for the first hundred dollars of injury  sustained
and  no such compensation shall be in an amount in
excess of fifteen  thousand  dollars  except  that
such  compensation  to  or  for the benefit of the
dependents of a homicide victim  shall  be  in  an
amount not to exceed twenty-five thousand dollars.
The claims of the dependents of a deceased victim,
as provided in section 54-208, shall be considered
derivative of the claim of  such  victim  and  the
total  COMPENSATION  PAID  for  all claims arising
from the death of such victim shall not  exceed  a
maximum of twenty-five thousand dollars.
    [(d)]  (e)  Orders for payment of compensation
pursuant to this chapter may be made  only  as  to
injuries  or  death  resulting  from  incidents or
offenses arising on and  after  January  1,  1979,
except  that  orders  for  payment of compensation
pursuant to subdivision (3) of subsection  (a)  of
section  54-209 may be made only as to injuries or
death resulting from incidents or offenses arising
on and after July 1, 1985.
    [(e)]   (f)   Compensation  shall  be  awarded
pursuant to this  chapter  for  bodily  injury  or
death  resulting  from  a  crime  which occurs (1)
within this state, regardless of the residency  of
the applicant and (2) outside this state, provided
the victim, at the time of injury or death, was  a
resident of this state and the state in which such
crime  occurred  does  not  have  a  program   for
compensation  of  victims for which such victim is
eligible.
    Sec.   11.  Section  54-211a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Any  applicant  aggrieved   by   an  order  or
decision of [the commission] A VICTIM COMPENSATION
COMMISSIONER may appeal  BY  WAY OF A DEMAND FOR A
TRIAL  DE NOVO  to  the  superior  court  for  the
judicial district of  Hartford-New  Britain*.  THE
APPEAL SHALL BE  TAKEN  WITHIN  THIRTY  DAYS AFTER
MAILING OF THE  ORDER  OR DECISION, OR IF THERE IS
NO  MAILING, WITHIN  THIRTY  DAYS  AFTER  PERSONAL
DELIVERY OF SUCH ORDER OR DECISION.
    Sec.   12.   Section  54-212  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Whenever  an  order  for  the  payment of
compensation for personal injury or death  or  for
the  provision  of  restitution services is or has
been made under  this  chapter,  the  [commission]
OFFICE  OF  VICTIM SERVICES shall, upon payment of
the amount of the order or the provision  of  such
services,  be subrogated to the cause of action of
the  applicant  against  the  person  or   persons
responsible   for   such   injury  or  death.  The
[commission] ATTORNEY GENERAL, ON  BEHALF  OF  THE
OFFICE  OF  VICTIM  SERVICES, shall be entitled to
bring an  action  AND,  IF  THE  ATTORNEY  GENERAL
DECLINES  TO  DO SO, THE OFFICE MAY HIRE A PRIVATE
ATTORNEY TO BRING AN ACTION against such person or
persons  and  to  recover,  whether  by  judgment,
settlement  or  compromise  settlement  before  or
after judgment, the amount of damages sustained by
the applicant and shall furnish the applicant with
a  copy  of the action taken within thirty days of
the filing  of  such  action.  [If  the  applicant
brings an action against such person or persons to
recover damages arising out of the crime for which
an  award  has  been  granted, the applicant shall
notify  the  commission  of  the  filing  of  such
complaint  within thirty days of the filing of the
complaint in court.] If  an  amount  greater  than
two-thirds of that paid pursuant to any such order
is recovered and collected  in  any  such  action,
whether  by  judgment,  settlement  or  compromise
settlement before or  after  judgment,  the  state
shall  pay the balance exceeding two-thirds of the
amount  paid  pursuant  to  such  order   to   the
applicant  less  any  costs  and expenses incurred
therefor.  [The  commission  may   contract   with
private attorneys to undertake subrogation actions
on its behalf.]
    (b)  IF THE APPLICANT BRINGS AN ACTION AGAINST
THE PERSON OR PERSONS RESPONSIBLE FOR SUCH  INJURY
OR  DEATH  TO  RECOVER  DAMAGES ARISING OUT OF THE
CRIME FOR WHICH AN AWARD  HAS  BEEN  GRANTED,  THE
APPLICANT   SHALL  NOTIFY  THE  OFFICE  OF  VICTIM
SERVICES OF THE FILING OF  SUCH  COMPLAINT  WITHIN
THIRTY  DAYS  OF  THE  FILING  OF THE COMPLAINT IN
COURT. Whenever  an  applicant  recovers  damages,
whether  by  judgment,  settlement  or  compromise
settlement before  or  after  judgment,  from  the
person or persons responsible for such injury, the
[commission] OFFICE OF VICTIM SERVICES is entitled
to reimbursement from the applicant for two-thirds
of the amount paid pursuant to  any  [such  order]
ORDER FOR THE PAYMENT OF COMPENSATION FOR PERSONAL
INJURY  OR  DEATH  OR   FOR   THE   PROVISION   OF
RESTITUTION SERVICES.
    Sec.   13.   Section  54-215  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  [commission]  OFFICE  OF  VICTIM SERVICES
shall establish a criminal  injuries  compensation
fund,  for the purpose of funding the compensation
and restitution  services  provided  for  by  this
chapter.  The fund may contain any moneys required
by law to be deposited in the fund  and  shall  be
held  by the treasurer separate and apart from all
other moneys, funds  and  accounts.  The  interest
derived  from  the investment of the fund shall be
credited to the fund. Amounts in the fund  may  be
expended  only  pursuant  to  appropriation by the
general assembly. Any  balance  remaining  in  the
fund  at  the  end  of  any  fiscal  year shall be
carried forward in the fund for  the  fiscal  year
next  succeeding.  The  cost paid into court under
section 54-143 shall be deposited in  the  general
fund and shall be credited to and become a part of
said  criminal  injuries  compensation  fund.   If
payment   is  awarded  under  section  54-210  and
thereafter the court orders the defendant  in  the
criminal  case  from  which  such  injury or death
resulted to make restitution, any money  collected
as  restitution  shall be paid to said fund unless
the court directs  otherwise.  Any  administrative
costs  related  to  the  operation  of  said fund,
including credits to and payments of  compensation
therefrom,   shall   be   paid   from  said  fund.
Administrative costs of providing direct  services
and  the  proportionate  share  of any fixed costs
associated with such  services  and  any  services
offered  by  the  [commission]  OFFICE  OF  VICTIM
SERVICES to witnesses and victims of crime may  be
budgeted   for   payment   from   said  fund.  The
[commission] OFFICE OF VICTIM  SERVICES  may  also
apply for and receive moneys for said account from
any federal, state or private source.
    Sec.   14.   Section  54-216  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)   The   [commission]   OFFICE   OF  VICTIM
SERVICES OR,  ON  REVIEW,  A  VICTIM  COMPENSATION
COMMISSIONER  may  order that services be provided
for the restitution of  any  person  eligible  for
such services in accordance with the provisions of
this chapter. Such services may include but  shall
not    be   limited   to   medical,   psychiatric,
psychological  and  social  services  and   social
rehabilitation services.
    (b)   The   [commission]   OFFICE   OF  VICTIM
SERVICES OR,  ON  REVIEW,  A  VICTIM  COMPENSATION
COMMISSIONER   may  order  that  such  restitution
services be provided to victims of child abuse and
members  of  their  families  and  members  of the
family of any victim of homicide.
    (c)   The   [commission]   OFFICE   OF  VICTIM
SERVICES may contract with any public  or  private
agency   for   any  services  ordered  under  this
section.
    Sec.   15.   Section  54-217  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Notwithstanding   the  provisions  of  section
54-204 and section 54-205, if it  appears  to  the
[commission]  OFFICE  OF  VICTIM SERVICES prior to
taking action upon such claim, that (a) such claim
is  one  with  respect  to which an award probably
will be made, and (b) undue hardship  will  result
to  the claimant if immediate payment is not made,
the [commission] OFFICE  OF  VICTIM  SERVICES  may
make  an emergency award to the claimant pending a
final [decision in the case] DETERMINATION ON  THE
APPLICATION,  provided  (1)  the  amount  of  such
emergency award  shall  not  exceed  one  thousand
dollars,  (2)  the  amount of such emergency award
shall be deducted from any final award made to the
claimant  and (3) the excess of the amount of such
emergency award over the final award, or the  full
amount of the emergency award if no final award is
made, shall be  repaid  by  the  claimant  to  the
[commission] OFFICE OF VICTIM SERVICES.
    Sec.   16.   Section  54-218  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)    Any    person,    firm,    corporation,
partnership, association  or  other  legal  entity
contracting  with any person or the representative
or assignee of any person accused of  a  crime  of
violence  in  this  state,  with  respect  to  the
reenactment of such crime,  by  way  of  a  movie,
book,   magazine   article,  radio  or  television
presentation, live entertainment of any  kind,  or
from  the  expression  of  such person's thoughts,
feelings,  opinions  or  emotions  regarding  such
crime,  shall  pay over to the [clerk of the court
of the judicial district in  which  the  crime  is
alleged  to  have been committed] OFFICE OF VICTIM
SERVICES any  moneys  which  would  otherwise,  by
terms of such contract, be owing to the persons so
[convicted  or  his]  ACCUSED  OR  THE   ACCUSED'S
representatives.  The  [clerk of the court] OFFICE
OF VICTIM SERVICES shall deposit such moneys in an
interest bearing escrow account for the benefit of
and  payable  to  such  accused  person  for   the
expenses of his or her defense and any victim of a
crime  of  violence  committed  by  such   person,
provided   such  person  is  [eventually]  FINALLY
convicted of [the crime] A CRIME OF  VIOLENCE  FOR
WHICH  COMPENSATION  MAY  BE  PAID  and,  provided
further such victim [, within five  years  of  the
date  of  the  crime,]  brings a civil action in a
court of competent jurisdiction WITHIN FIVE  YEARS
OF  THE  DATE  OF  THE  CRIME and recovers a money
judgment  against  such  person  or  his  OR   HER
representatives.  Any covenant, promise, agreement
or understanding entered  into  or  in  connection
with  or  collateral  to  a  contract or agreement
relative to the payment of any person  accused  or
convicted of a crime of violence which attempts to
circumvent  the  provisions  of  this  section  is
prohibited.
    (b)  If no victim brings a civil action WITHIN
FIVE YEARS OF THE DATE OF THE CRIME and recovers a
money  judgment, [within five years of the date of
the crime,] the moneys in any such escrow  account
shall   be   paid   to   the   criminal   injuries
compensation  fund   established   under   section
54-215.
    Sec.   17.   Section  54-220  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Victim  advocates  shall  have  the  following
responsibilities  and  duties:  (1)   To   provide
initial  screening  of  each personal injury case;
(2) to prepare  victim  impact  statements  to  be
placed  in court files; (3) to assist [prosecutors
by  gathering  victim  or  witness]   VICTIMS   BY
PROVIDING  information  needed  for more effective
processing of cases; (4) to provide information [,
advice  and  counsel]  AND  ADVICE  to  individual
victims; (5)  to  direct  victims  to  public  and
private   agencies   for   service;   AND  (6)  to
coordinate victim applications to the  [commission
on] OFFICE OF victim services.
    Sec.   18.   Section  54-222  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  [commission on victim services] OFFICE OF
THE CHIEF  COURT  ADMINISTRATOR  shall  develop  a
concise,  bilingual  card  or  brochure concerning
information to victims of crime  concerning  their
rights  as  victims  and any services available to
them. The [commission] OFFICE OF  VICTIM  SERVICES
shall   distribute  such  cards  or  brochures  to
municipalities AND  THE  STATE  POLICE  who  shall
distribute   such  cards  or  brochures  to  crime
victims.
    Sec.   19.  Section  54-222a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Whenever  a peace officer determines that
a crime has  been  committed,  [he]  SUCH  OFFICER
shall render immediate assistance to any victim of
such crime including obtaining medical  assistance
for   any   such  victim  if  such  assistance  is
required, shall present a  card  prepared  by  the
[commission  on  victims  services]  OFFICE OF THE
CHIEF COURT ADMINISTRATOR  to  a  victim  who  has
suffered   physical  injury  informing  [him]  THE
VICTIM of services available  and  the  rights  of
victims  in  this state and shall refer the victim
to [said commission] THE OFFICE OF VICTIM SERVICES
for additional information on rights and services.
    (b)  The  commissioner  of public safety shall
adopt regulations in accordance with chapter 54 to
implement the provisions of subsection (a) of this
section.
    Sec.   20.   Section  54-224  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [The]  EXCEPT AS PROVIDED IN SUBSECTION (d) OF
SECTION 46b-38b, THE state or any agent,  employee
or officer thereof shall not be liable for (1) the
failure to afford the victim of a crime any of the
rights  provided  pursuant to any provision of the
general statutes OR (2) THE FAILURE TO PROVIDE THE
VICTIM  OF A CRIME WITH ANY NOTICE PURSUANT TO ANY
PROVISION OF THE GENERAL STATUTES.
    Sec.   21.   Section  54-227  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Any  inmate  who  makes  an application to the
board of pardons, board of parole or department of
correction  for release other than a furlough from
a correctional institution or who applies  to  the
sentencing  court  or  judge  for  a  reduction in
sentence  pursuant  to  section  53a-39,  or   who
applies  to  the  review  division for a review of
sentence pursuant to section 51-195, shall  notify
the  [commission  on] OFFICE OF victim services of
such application  on  a  form  prescribed  by  the
[commission]    OFFICE    OF   THE   CHIEF   COURT
ADMINISTRATOR. Notwithstanding  any  provision  of
the general statutes, no such application shall be
accepted unless the  applicant  has  notified  the
[commission  on]  OFFICE  OF  victim  services and
provides proof of  such  notice  as  part  of  the
application.
    Sec.   22.   Section  54-228  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Any  victim  of  a  crime  who  desires  to be
notified whenever an inmate makes  an  application
to   the   board  of  pardons,  board  of  parole,
department  of  correction,  sentencing  court  or
judge  or  review  division as provided in section
54-227 or whenever an inmate is  released  from  a
correctional institution other than on a furlough,
may complete and file a request  for  notification
with   the   [commission   on]  OFFICE  OF  victim
services. Such request for notification  shall  be
in  such  form  and  content as the [commission on
victim  services]  OFFICE  OF  THE   CHIEF   COURT
ADMINISTRATOR  may  prescribe.  Such  request  for
notification  shall  be  confidential  and   shall
remain  confidential  while  in the custody of the
[commission] OFFICE OF VICTIM SERVICES  and  shall
not  be  disclosed. IT SHALL BE THE RESPONSIBILITY
OF THE VICTIM  TO  NOTIFY  THE  OFFICE  OF  VICTIM
SERVICES  OF  HIS  OR HER CURRENT MAILING ADDRESS,
WHICH SHALL BE KEPT CONFIDENTIAL AND SHALL NOT  BE
DISCLOSED BY THE OFFICE OF VICTIM SERVICES.
    Sec.   23.   Section  54-229  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Any   state's   attorney,   assistant  state's
attorney or deputy assistant state's attorney  who
desires to be notified whenever an inmate makes an
application to the  board  of  pardons,  board  of
parole, department of correction, sentencing court
or judge or review division as provided in section
54-227   may  complete  and  file  a  request  for
notification with the [commission  on]  OFFICE  OF
victim  services.  Such  request  for notification
shall  be  in  such  form  and  content   as   the
[commission  on  victim  services]  OFFICE  OF THE
CHIEF COURT ADMINISTRATOR may prescribe.
    Sec.   24.   Section  54-230  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Upon  receipt  of  notice  from an inmate
pursuant to section 54-227,  the  [commission  on]
OFFICE OF victim services shall notify by mail all
persons who have requested to be notified pursuant
to sections 54-228 and 54-229 whenever such inmate
makes  application   for   release   or   sentence
reduction  or  review.  Such  notice  shall  be in
writing and notify each person of  the  nature  of
the  release or sentence reduction or review being
applied for, the address and telephone  number  of
the  board  or  agency to which the application by
the inmate was made, and the date and place of the
hearing  or  session,  if  any,  scheduled  on the
application.
    (b)   Upon   receipt   of   notice   from  the
department  of  correction  pursuant  to   section
54-231,  the  [commission  on]  OFFICE  OF  victim
services shall notify by mail all victims who have
requested  to  be  notified  pursuant  to  section
54-228 whenever such inmate  is  released  from  a
correctional  institution. Such notice shall be in
writing and notify each victim of the date of such
inmate's  release.  THE  VICTIM  SHALL  NOTIFY THE
OFFICE OF VICTIM SERVICES OF HIS  OR  HER  CURRENT
MAILING  ADDRESS, WHICH SHALL BE KEPT CONFIDENTIAL
AND SHALL NOT BE DISCLOSED BY THE OFFICE OF VICTIM
SERVICES.
    Sec.   25.   Section  54-231  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  department of correction shall notify the
[commission on] OFFICE OF victim services whenever
it   releases   an   inmate  from  a  correctional
institution other than on a furlough.
    Sec.   26.   Section   18-85  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  commissioner, after consultation with the
commissioner of administrative  services  and  the
secretary  of the office of policy and management,
shall establish a  schedule  of  compensation  for
services  performed  on  behalf  of  the  state by
inmates of any  institution  or  facility  of  the
department.  Such schedule shall recognize degrees
of  merit,  diligence  and  skill  in   order   to
encourage  inmate  incentive and industry. Sums so
earned shall be deposited, under the direction  of
the  administrative  head  of  such institution or
facility, in a savings  bank  or  state  bank  and
trust  company in this state, and shall be paid to
the inmate on his discharge;  but  the  warden  or
community  correctional  center administrator may,
while the  inmate  is  in  custody,  disburse  any
compensation  earned  by such person in accordance
with the following priorities: (1)  Federal  taxes
due; (2) restitution or payment of compensation to
a crime victim ordered by any court  of  competent
jurisdiction;  (3)  payment  of  a  civil judgment
rendered in favor of a crime victim by  any  court
of    competent    jurisdiction;    (4)    victims
compensation through the criminal injuries account
administered by the [commission on victims] OFFICE
OF VICTIM  services;  (5)  state  taxes  due;  (6)
support   of  his  dependents,  if  any;  (7)  his
necessary travel expense  to  and  from  work  and
other  incidental expenses; (8) costs of his board
as determined by the commissioner; and (9) payment
to  the clerk of the court in which an inmate of a
community  correctional  center,  held  only   for
payment  of a fine, was convicted, such portion of
such compensation as  is  necessary  to  pay  such
fine.  Any interest that accrues shall be credited
to any  institutional  fund  established  for  the
welfare   of   inmates.  Compensation  under  this
section shall be in addition to  any  compensation
received or credited under section 18-50.
    Sec.   27.   Section  18-101  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  When  any  person to whom privileges have
been granted under section  18-90b  or  18-100  is
employed  for  compensation,  the  commissioner of
correction or  his  designee  shall  collect  such
compensation  or require such person to deliver to
him the full amount  thereof  when  received.  The
commissioner  or  such designee shall deposit such
funds in trust in an  account  and  shall  keep  a
record  showing  the status of the account of each
person.  Compensation  received  by  such   person
during  his  term  of  imprisonment  shall  not be
subject to levy or attachment.
    (b)  On  granting  privileges  to  any  person
under section 18-90b or 18-100,  the  commissioner
or  his  designee  shall disburse any compensation
earned by  such  person  in  accordance  with  the
following  priorities:  (1) Federal taxes due; (2)
restitution or payment of compensation to a  crime
victim   ordered   by   any   court  of  competent
jurisdiction; (3)  payment  of  a  civil  judgment
rendered  in  favor of a crime victim by any court
of    competent    jurisdiction;    (4)    victims
compensation through the criminal injuries account
administered by the [commission on victims] OFFICE
OF  VICTIM  services;  (5)  state  taxes  due; (6)
support  of  his  dependents,  if  any;  (7)   his
necessary  travel  expense  to  and  from work and
other incidental expenses; and (8)  costs  of  his
board  as  determined by said commissioner and the
commissioner shall pay any  balance  remaining  to
such   person  upon  his  discharge.  Each  person
gainfully   self-employed   shall   pay   to   the
commissioner the costs of his board, as determined
by said commissioner; and on  default  in  payment
thereof  his  participation  under  section 18-100
shall be revoked.
    (c)  The  commissioner  or  his designee shall
notify the commissioner of income maintenance  and
the  welfare  department  of  the  town  where the
dependents  of  any  person  employed  under   the
provisions of section 18-100 reside of the amounts
of any payments being made to such dependents.
    Sec.   28.   Section   4-141  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    As  used  in  this  chapter:  "Claim"  means a
petition for the payment or refund of money by the
state  or  for  permission to sue the state; "just
claim" means a claim which in equity  and  justice
the  state  should  pay,  provided  the  state has
caused damage or injury or has received a benefit;
"person"  means any individual, firm, partnership,
corporation, association or other group, including
political   subdivisions   of  the  state;  "state
agency"  includes  every   department,   division,
board,   office,   commission,   arm,  agency  and
institution of the state government, whatever  its
title   or   function,  and  "state  officers  and
employees"  includes  every  person   elected   or
appointed  to  or employed in any office, position
or post in  the  state  government,  whatever  his
title,  classification  or function and whether he
serves   with   or   without    remuneration    or
compensation,  including  judges of probate courts
and employees of such courts. In addition  to  the
foregoing, "state officers and employees" includes
ATTORNEYS   APPOINTED   AS   VICTIM   COMPENSATION
COMMISSIONERS,  attorneys  appointed by the public
defenders services commission as public defenders,
assistant  public  defenders  or  deputy assistant
public defenders, and attorneys appointed  by  the
court  as  special assistant public defenders, the
attorney general, the deputy attorney general  and
any   associate   attorney  general  or  assistant
attorney general, any other attorneys employed  by
any state agency, any commissioner of the superior
court hearing small claims matters or acting as  a
fact-finder, arbitrator or magistrate or acting in
any  other  quasi-judicial  position,  any  person
appointed  to  a  committee established by law for
the purpose of rendering services to the  judicial
department  including,  but  not  limited  to, the
legal specialization screening committee  and  the
state  bar examining committee, and any physicians
or psychologists employed  by  any  state  agency.
"State  officers  and employees" shall not include
any medical or dental intern, resident  or  fellow
of  The  University  of  Connecticut  when (1) the
intern,  resident  or  fellow  is  assigned  to  a
hospital affiliated with the university through an
integrated  residency  program,   and   (2)   such
hospital  provides protection against professional
liability  claims  in   an   amount   and   manner
equivalent to that provided by the hospital to its
full-time physician employees.
    Sec.  29.  (NEW)  Nothing  in  this  act shall
preclude any victim of a tort occurring  prior  to
the  effective  date  of  this  act  from  seeking
compensation pursuant to the provisions of chapter
968  of  the  general  statutes, revision of 1958,
revised to January 1, 1993.
    Sec.   30.   Any   balance  remaining  in  the
appropriations  to  the   commission   on   victim
services for the fiscal year ending June 30, 1993,
shall be carried forward in the fiscal  year  next
succeeding   and   transferred   to  the  judicial
department.
    Sec.  31. Sections 54-202a, 54-207, 54-214 and
54-232 of the general statutes are repealed.
    Sec.  32.  This  act shall take effect July 1,
1993.