Substitute Senate Bill No. 449
Substitute Senate Bill No. 449
PUBLIC ACT NO. 98-231
AN ACT ESTABLISHING THE OFFICE OF VICTIM ADVOCATE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) There is established an
Office of the Victim Advocate. The Governor, with
the approval of the General Assembly, shall
appoint a person with knowledge of victim's rights
and services as Victim Advocate. Such person shall
be an attorney and qualified by training and
experience to perform the duties of Victim
Advocate as set forth in section 2 of this act.
The appointment shall be made from a list of at
least three persons prepared and submitted by the
advisory committee established pursuant to section
5 of this act. Such list shall be confidential and
not open to the public or subject to disclosure.
Upon any vacancy in the position of Victim
Advocate, the advisory committee shall meet to
consider and interview successor candidates and
shall submit to the Governor a list of no less
than five and no more than seven candidates not
later than sixty days after said vacancy. Such
list shall rank the candidates in the order of
committee preference. Upon receipt of the list of
candidates from the advisory committee, the
Governor shall appoint a candidate for Victim
Advocate from among the choices within eight weeks
of receipt of such list. If, at any time, any of
the candidates withdraws from consideration prior
to confirmation by the General Assembly, the
appointment shall be made from the remaining
candidates on the list submitted to the Governor.
The person appointed Victim Advocate shall serve
for a term of four years and may be reappointed or
shall continue to hold office until his successor
is appointed and qualified.
(b) The Office of the Victim Advocate shall be
in the Freedom of Information Commission for
administrative purposes only.
(c) Notwithstanding any other provision of the
general statutes, the Victim Advocate shall act
independently of any state department in the
performance of his duties.
(d) The Victim Advocate may, within available
funds, appoint such staff as may be deemed
necessary. The duties of the staff may include the
duties of the Victim Advocate if performed under
the direction of the Victim Advocate.
(e) The General Assembly may annually
appropriate such sums as necessary for the payment
of the salaries of the staff and for the payment
of office expenses and other actual expenses
incurred by the Victim Advocate in the performance
of his duties.
(f) The Victim Advocate shall annually submit
to the Governor and the General Assembly a
detailed report analyzing the work of the Office
of the Victim Advocate.
Sec. 2. (NEW) The Victim Advocate may, within
available appropriations:
(1) Evaluate the delivery of services to
victims by state agencies and those entities that
provide services to victims;
(2) Coordinate and cooperate with other
private and public agencies concerned with the
implementation, monitoring and enforcement of the
constitutional rights of victims and enter into
cooperative agreements with public or private
agencies for the furtherance of the constitutional
rights of victims;
(3) Review the procedures established by any
state agency or other entity providing services to
victims with respect to the constitutional rights
of victims;
(4) Receive and review complaints of persons
concerning the actions of any state or other
entity providing services to victims and
investigate those where it appears that a victim
or family of a victim may be in need of assistance
from the Victim Advocate;
(5) File a limited special appearance in any
court proceeding for the purpose of advocating for
a victim:
(A) The right to notification of court
proceedings;
(B) The right to attend the trial and all
other court proceedings the accused has the right
to attend, unless such person is to testify and
the court determines that such person's testimony
would be materially affected if such person hears
other testimony;
(C) The right to object to or support any plea
agreement entered into by the accused and the
prosecution and to make a statement to the court
prior to the acceptance by the court of the plea
of guilty or nolo contendere by the accused;
(D) The right to make a statement to the court
at sentencing;
(E) The right to restitution which shall be
enforceable in the same manner as any other cause
of action or as otherwise provided by law; and
(F) The right to information about the arrest,
conviction, sentence, imprisonment and release of
the accused;
(6) Ensure a centralized location for victim
services information;
(7) Recommend changes in state policies
concerning victims, including changes in the
system of providing victim services;
(8) Conduct programs of public education,
undertake legislative advocacy, and make proposals
for systemic reform;
(9) Take appropriate steps to advise the
public of the services of the Office of the Victim
Advocate, the purpose of the office and procedures
to contact the office.
Sec. 3. (NEW) (a) Consistent with the
provisions of the general statutes concerning the
confidentiality of records and information, the
Victim Advocate shall have access to, including
the right to inspect and copy, any records
necessary to carry out the responsibilities of the
Victim Advocate as provided in section 2 of this
act to the same extent as a victim would have
access to such records. Nothing contained in this
subsection shall be construed to waive a victim's
right to confidentiality of communication or
records as protected by and provisions of the
general statutes or common law.
(b) In the performance of his responsibilities
under section 2 of this act, the Victim Advocate
may communicate privately with any victim or
person who has received, is receiving or should
have received services from the state. Such
communications shall be confidential and not be
subject to disclosure except as provided in
subsection (a) of section 4 of this act.
(c) The Victim Advocate may apply for and
accept grants, gifts and bequests of funds from
other states, federal and interstate agencies and
independent authorities and private firms,
individuals and foundations, for the purpose of
carrying out his responsibilities.
Sec. 4. (NEW) (a) The name, address and other
personally identifiable information of a person
who makes a complaint to the Victim Advocate as
provided in section 2 of this act, all information
obtained or generated by the office in the course
of an investigation and all confidential records
obtained by the Victim Advocate or his designee
shall be confidential and shall not be subject to
disclosure under the Freedom of Information Act or
otherwise, except that such information and
records, other than confidential information
concerning a pending law enforcement investigation
or a pending prosecution, may be disclosed if the
Victim Advocate determines that disclosure is (1)
in the general public interest or (2) necessary to
enable the Victim Advocate to perform his
responsibilities under section 2 of this act,
provided in no event shall the name, address or
other personally identifiable information of a
person be disclosed without the consent of such
person.
(b) No state or municipal agency shall
discharge, or in any manner discriminate or
retaliate against, any employee who in good faith
makes a complaint to the Victim Advocate or
cooperates with the Office of the Victim Advocate
in an investigation.
Sec. 5. (NEW) (a) There is established an
advisory committee to the Office of the Victim
Advocate which shall prepare and submit to the
Governor in accordance with section 1 of this act
a list of candidates for appointment as Victim
Advocate. The advisory committee shall meet three
times a year with the Victim Advocate and his
staff to review and assess the following: (1)
Patterns of treatment and service for victims; (2)
policy implications of the findings of subdivision
(1) of this subsection; and (3) necessary systemic
improvements. The advisory committee shall also
provide for an annual evaluation of the
effectiveness of said office.
(b) Said advisory committee shall consist of:
(1) One representative of Mothers Against Drunk
Driving, appointed by its board of directors; (2)
one representative of Survivors of Homicide,
appointed by its board of directors; (3) one
representative of Connecticut Coalition Against
Domestic Violence, appointed by its board of
directors; (4) one representative of Connecticut
Sexual Assault Crisis Services, Inc., appointed by
its board of directors; (5) one member of a
victim's advocacy group, appointed by the speaker
of the House of Representatives; (6) one member of
hospital emergency room personnel, appointed by
the majority leader of the House of
Representatives; (7) one therapist who deals with
victims and trauma, appointed by the minority
leader of the House of Representatives; (8) one
prosecutor, appointed by the president pro tempore
of the Senate; (9) one representative of law
enforcement, appointed by the majority leader of
the Senate; (10) one representative from the
educational community with an expertise in
victimology, appointed by the minority leader of
the Senate; (11) one attorney, appointed by the
Connecticut Bar Association; and (12) one judge of
the Superior Court, appointed by the Chief Justice
of the Supreme Court. Each member of the advisory
committee shall serve a five-year term.
Sec. 6. (NEW) The provisions of subdivision
(5) of section 2 of this act shall not apply to
infractions or misdemeanors not involving the use,
attempted use or threatened use of physical force
against another person.
Approved June 8, 1998