Topic:
SENTENCING; PRISONS AND PRISONERS; PERSISTENT OFFENDERS; PARDONS; CRIMINAL JUSTICE SYSTEM (GENERAL); CRIME VICTIMS; BURGLARY; FELONIES; LEGISLATION;
Location:
CRIME AND CRIMINALS; CRIME AND CRIMINALS - PERSISTENT OFFENDERS;

OLR Research Report


January 18, 2008

 

2008-R-0069
Revised 2/05/08

SUMMARY OF “AN ACT CONCERNING CRIMINAL JUSTICE REFORM” (LCO 10043)

By: Susan Price, Principal Analyst

George Coppolo, Chief Attorney

Christopher Reinhart, Senior Attorney

You asked us to summarize the provisions of LCO 10043, An Act Concerning Criminal Justice Reform. The legislature enacted a later version of the bill (SB 1700, LCO 10064) in the January 22 Special Session.

SUMMARY

The bill:

1. creates the new crime of home invasion;

2. 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;

3. eliminates a factual finding currently required to trigger enhanced sentencing under state persistent offender laws;

4. alters the composition, qualification requirements, and appointment process for the Board of Pardons and Paroles (BPP) and prohibits parole hearings from being conducted unless the chairperson has certified that all pertinent information has been obtained or is unavailable;

5. limits eligibility for parole release by administrative review;

6. updates the crime victim notification law and directs the Judicial Branch to (a) implement an automated victim notification system and (b) assign two victim advocates to assist crime victims appearing at BPP hearings;

7. sets eligibility standards for reentry furloughs;

8. increases the number of reentry, diversionary, and staff-secure sexual offender beds;

9. requires the Judicial Branch to post certain arrest warrant information on the Internet;

10. requires global positioning system (GPS) monitoring of 300 more parolees and requires the Department of Correction (DOC) to hire 10 more parole officers to supervise them;

11. affords BPP members and employees and certain DOC employees access to juvenile and youthful offender court records in limited circumstances;

12. establishes a committee to study municipal siting incentives for community-based offender facilities and housing;

13. requires judges to state reasons for imposing conditions on arrestees when they release them from custody;

14. establishes a committee to study ways to create incentives for towns that allow community-based offender programs to be located in them;

15. changes administrative driver's license suspension periods when the driver's elevated blood alcohol level is determined by evidence provided by a hospital;

16. moves the effective date of a new consumer reporting law from February 1, 2008 to May 1, 2008;

17. requires probationers who are the subject of arrest warrants or notices to appear to continue to comply with their release conditions;

18. expands membership in the Criminal Justice Information system (CJIS) Governing Board and directs that body to design and implement a state of the art information technology system;

19. appropriates money for reentry and diversionary services in Bridgeport, Hartford, and New Haven;

20. directs the BPP to hire at least one forensic psychologist to assist it in making parole release decisions, and places him or her under the chairperson's supervision; and

21. directs DOC to provide the BPP with a secure video connection at each correctional facility for conducting parole hearings involving nonviolent offenders by videoconference.

1-2 HOME INVASION CRIME

The bill creates the new crime of home invasion. A person commits this crime by entering or remaining unlawfully in an occupied dwelling with intent to commit a crime and in the course of committing the offense:

1. commits or attempts to commit a felony involving a physical assault (but it might also involve an attempt or threat to do so) against someone other than a participant in the crime who is in the dwelling or

2. is armed with explosives, a deadly weapon, or a dangerous instrument and knows or should know that the dwelling is occupied.

The bill uses the definitions in the burglary statutes, including the definition of a “dwelling,” which is a building that is usually occupied by a person lodging at night, whether or not a person is actually present. Under the bill, “in the course of committing” the offense means that an act occurs in an attempt to commit the offense or fleeing after the attempt or commission. The bill specifies that violating a restraining or protective order alone is not a felony involving physical assault against someone.

The bill makes this crime a class A felony, punishable by 10 to 25 years in prison, a fine of up to $20,000, or both. This conduct is currently covered under the burglary statutes and, depending on the circumstances, would be punishable as a class B, C, or D felony and could carry a one- or five-year mandatory minimum sentence.

EFFECTIVE DATE: March 1, 2008

Background—Penalty for a Class A Felony

The law requires a court to impose a sentence of 10 to 25 years in prison for a class A felony other than murder (CGS 53a-35a(3)). The court may only suspend a prison sentence entirely, or in part, if it couples the suspension with a period of probation or conditional discharge (CGS 53a-28(b)). The court is not authorized to impose probation or conditional discharge on a person convicted of a class A felony (CGS 53a-29(a) and (b)). Thus, the court must sentence a person convicted of a class A felony to a prison term of at least 10 years, and may not suspend any portion of the sentence it imposes.

3 PAROLE ELIGIBILITY

The bill makes someone convicted of burglary in the second degree or the new crime of 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. Thus, under current law, people convicted of first degree burglary, second degree burglary with a firearm, or third degree burglary with a firearm must serve 85% before being eligible for parole.

EFFECTIVE DATE: March 1, 2008

4-9 PERSISTENT OFFENDER STATUTES

Current law, under certain circumstances, authorizes courts to sentence people classified as a persistent dangerous felony offender to a longer prison term than the offense they are convicted of allows. To be classified as a persistent dangerous felony offender, an offender has to (1) stand convicted of certain offenses (this is referred to as the current offense) and (2) have been convicted of, and imprisoned for, specified crimes under a sentence of at least one year in prison, or of death, in Connecticut, in any other state, or in a federal prison before he or she committed the current offense.

There are two separate paths to be classified this way. Table 1 compares the persistent dangerous felony offender classification under current law and the bill.

Table 1: Persistent Dangerous Felony Offender

(proposed changes in bold italics)

Current Conviction ( 53a-40(a)(1))

Manslaughter

Arson

Kidnapping

1st or 2nd degree robbery

1st degree assault

Home invasion

1st degree burglary

2nd degree burglary with a firearm

 

Prior Conviction

Murder

Manslaughter

Arson

Kidnapping

1st or 2nd degree robbery

1st degree assault

1st degree sexual assault, including aggravated

3rd degree sexual assault, including with a firearm

Attempts to commit these crimes

OR

Current Conviction ( 53a-40(a)(2))

1st degree sexual assault, including aggravated

3rd degree sexual assault, including with firearm

 

Prior Conviction

Murder

Manslaughter

Arson

Kidnapping

1st or 2nd degree robbery

1st degree assault

Home invasion

1st degree burglary

2nd degree burglary with a firearm

EFFECTIVE DATE: March 1, 2008

Penalty

Under current law, when any person has been found to be a persistent dangerous felony offender, the court must find that the nature and circumstances of the offender's criminal conduct indicate that extended incarceration and lifetime supervision will best serve the public interest in order to impose the higher penalty. The penalty is up to 40 years or, if the offender has at separate times prior to the commission of the present crime been twice convicted of and imprisoned for any of the specified crimes, up to life imprisonment. (Apparently this means a 60 year sentence because the law defines a life sentence as 60 years unless the offense explicitly provides otherwise (CGS 53a-35h).)

The Connecticut Supreme Court ruled that convicted offenders have the right to have a jury determine whether they should be subject to the more stringent penalties associated with the persistent dangerous felony offender classification. The bill eliminates the required findings by the court and instead imposes the higher penalty if someone meets the criteria to be a persistent dangerous felony offender.

The bill makes this same change to eliminate the required court findings in the provision that increases the penalty one class for acts of terrorism and the other categories of persistent offenders. The other categories of persistent offenders are:

1. dangerous sexual offenders,

2. serious felony offenders,

3. serious sexual offenders,

4. felony offenders,

5. bigotry or bias offenders,

6. stalking and harassment-related offenders,

7. larceny offenders, and

8. operating under the influence felony offenders.

EFFECTIVE DATE: Upon passage

Background—State v. Bell

The state Supreme Court recently held that the statute that mandates sentence enhancement when the defendant is found to be a persistent dangerous felony offender and the trial court, rather than the jury, determines that extended incarceration will best serve the public interest, given the defendant's history, character, and the nature and circumstances of his or criminal offenses, violates a defendant's federal constitutional right to trial by jury (State v. Bell, 283 Conn. 748 (2007)).

The court ruled that the defendant was entitled to a new sentencing proceeding wherein the jury must make the determination, beyond a reasonable doubt, whether, upon consideration of the relevant factors specified in the persistent felony offender law, extended incarceration will best serve the public interest.

The court noted in its ruling that in those cases in which the defendant chooses to waive his or her right to a jury trial under the persistent felony offender law, the court may continue to make the requisite finding. Additionally, the court properly may impose an enhanced sentence if the defendant admits to the fact that extended incarceration is in the public interest.

10-11 CHANGES TO THE BOARD OF PARDONS AND PAROLES

Number of Members, Qualifications, and Appointment Process

The bill increases the membership of the BPP from 13 to 18 on April 1, 2008. On March 31, 2008, it ends the terms of board members who were assigned exclusively to parole hearings by the chairman. Terms of members assigned to pardons hearings are not affected.

Upon the bill's passage, it requires the governor to specify which appointments are for chairman, full-time or part-time members for parole panels, or members for pardons panels. The bill requires appointments submitted to the General Assembly to be referred to the Judiciary Committee instead of the Executive and Legislative Nominations Committee. It requires the Judiciary Committee to act on appointments within 30 legislative days of the referral.

The bill requires both houses of the General Assembly, rather than just one, to approve of the governor's appointments.

Under current law, the chairman must be qualified by education, experience, and training in administering community corrections, parole, or pardons. For all members appointed after the bill's passage, the bill requires them to be qualified by education, experience, or training in administering community corrections, parole, or pardons; criminal justice; criminology; evaluation or supervision of offenders; or providing mental health services to offenders.

Under current law, the chairman serves full time and is compensated as determined by the Department of Administrative Services (DAS). Under the bill, five board members appointed by the governor for parole panels also serve full-time and receive compensation as set by DAS. As under current law, the remaining board members receive $110 for each day they perform their duties, plus necessary expenses.

Parole and Pardons Panels

The bill requires 12 members to serve exclusively on parole release panels and five members to serve exclusively on pardons panels. Under current law, the chairman assigns seven members to parole panels and five to pardons panels. As under current law, the chairman can serve on both.

Under current law, a board member designated by the chairman can serve in the chairman's absence or inability to act at a meeting. The bill only allows full-time members to serve in place of the chairman.

The bill eliminates a prohibition against board members, other than the chairman, assigned to either pardon or parole panels from later serving on the other type of panels. Under the bill, a change in assignment would appear to require a nomination by the governor to a different type of panel.

By law, parole panels consist of two members and the chairman or his designee. The bill requires the chairman to assign at least one full-time member to a panel and only allows him to appoint a full-time member to serve as his designee.

Board Procedures

By law, the chairman is executive and administrative head of the board and has certain authorities and responsibilities. The bill 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.

EFFECTIVE DATE: Upon passage, except the provisions on pay for full-time members, a full-time member acting in place of the chairman, the chairman's authority to set procedural rules, and the composition of parole panels are effective April 1, 2008.

12 INFORMATION FOR PAROLE DECISIONS

The bill prohibits the board from holding a hearing on someone's suitability for parole or a meeting to consider a board employee's recommendation to grant 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.

EFFECTIVE DATE: April 1, 2008

13 ADMINISTRATIVE REVIEW

The bill limits eligibility for parole release by administrative review. Under current law, someone eligible for parole after serving 50% of their sentence (generally those who committed non-violent crimes) can be released on parole without a hearing under this procedure. Those who

committed crimes where the underlying facts and circumstances of the offense involve the use, attempted use, or threatened use of physical force against another person are ineligible for this procedure.

The bill also prohibits inmates from using this procedure if they are (1) sentenced to a definite or aggregate sentence of at least five years or (2) convicted of a crime that resulted in someone's death.

By law, an inmate can be released after an administrative review if (1) a board employee reviews the inmate's case and recommends parole and (2) at least two members of a board panel approve. The law requires a hearing if the chairman deems it necessary or a victim requests one.

EFFECTIVE DATE: April 1, 2008

14, 15, & 28-32 CRIME VICTIMS

Current law requires DOC to notify the Office of Victim Services (OVS) when an inmate is granted a specific type of furlough. It must give the notice when an inmate is allowed to serve an unspecified period of time reintegrating into the community immediately preceding his discharge or release on parole. OVS must notify, by certified mail, victims who have requested notice of an inmate's scheduled release. Victims are responsible for making sure that OVS has their current mailing address.

Notification of Reentry Furloughs

The bill extends these procedures to “reentry” furloughs, which it defines as a furlough granted for the purpose of reintegrating an inmate into the community that allows him or her to serve the period immediately preceding release in the community. (See 18 below.) It specifically requires OVS to notify victims who have requested notice before an inmate is granted a furlough. It also requires victims requesting notification to provide their telephone numbers and allows OVS, the DOC's Victim Services Unit, and the BPP to share victim contact information (OVS and the Victim Services Unit can already do this).

Automated Notification

The bill requires the Judicial Branch to contract for the establishment and implementation of a statewide, automated victim notification system to provide registered crime victims notice of relevant offender information and status reports. It must be operational by July 1, 2008 and OVS, BPP, and the DOC Victim Services Unit must use it.

BPP Statements from Victims' Families

Under current law, crime victims' immediate family members are entitled to appear and make a statement before the BPP panel that is considering the perpetrator's parole eligibility only if the actual victim of the crime is dead. The bill expressly gives the board discretion to allow one or more family members of a live victim to appear and speak. As under existing law, those who are permitted to appear may choose to submit a written statement instead.

Victim Advocates for BPP Hearings

The bill also directs OVS to assign two full-time victim advocates to assist victims who appear before BPP panels or submit written statements. It is unclear whether a live victim's immediate family members who have been granted permission to make a statement are eligible for this assistance.

EFFECTIVE DATE: Upon passage

18 REENTRY FURLOUGH

Under current law, the DOC commissioner can allow an inmate to visit a specifically designated place, within or outside the state, under specified conditions for up to 30 days for (1) visiting a dying relative, (2) attending a relative's funeral, (3) obtaining medical services not otherwise available, (4) contacting prospective employers, or (5) other compelling reasons consistent with rehabilitation. The commissioner can renew the furloughs.

The bill provides that a reentry furlough can only be granted to inmates who (1) have demonstrated good conduct and obedience to the rules where they were confined; (2) have a low-level security risk classification; and (3) are not confined for an offense involving the use, attempted use, or threatened use of physical force against another. Inmates released for a reentry furlough who were also sentenced to probation must, at a minimum, be subject to the same conditions and supervision that they would be subject to while on probation. The bill prohibits granting reentry furloughs solely to reduce a facility's population.

The bill defines a “reentry furlough” as a furlough granted to reintegrate an inmate into the community that allows such inmate to serve the period immediately before his parole release or discharge date in the community.

EFFECTIVE DATE: Upon passage

19 REENTRY BEDS

The bill requires DOC to contract for an additional 35 reentry beds for immediate occupancy, and for an additional 100 reentry beds for occupancy by July 1, 2008. (These beds are available to criminal offenders toward the end of their prison term to reenter the community under supervision.)

EFFECTIVE DATE: Upon passage

20 DIVERSIONARY BEDS

The bill requires the Judicial Branch's Court Support Services Division (CSSD) to contract for an additional 35 diversionary beds for immediate occupancy, and for an additional 100 diversionary beds for occupancy by July 1, 2008. (These beds are available to offenders ordered to participate in one of the state's alternative to incarceration programs.)

EFFECTIVE DATE: Upon passage

21 & 22 RESIDENTIAL SEX OFFENDER FACILITIES

The bill requires DOC and the Judicial Branch's CSSD to each contract for 25 beds in staff secure residential sex offender treatment facilities for occupancy not later than July 1, 2008.

EFFECTIVE DATE: Upon passage

23 ARREST WARRANTS ON THE INTERNET

The bill requires the Judicial Branch's CSSD to make available on the Internet:

1. information on all outstanding arrest warrants for probation violations including the probationer's name, address, and photographic image and

2. quarterly reports by court of issuance of all outstanding arrest warrants for probation violations including the name and address of the probationer named in each such warrant and the date of issuance of such warrant.

EFFECTIVE DATE: Upon passage

24 ELECTRONIC MONITORING OF AN ADDITIONAL 300 PAROLEES

The bill requires DOC to use GPS to (1) electronically monitor an additional 300 parolees whose risk levels indicate that they are most likely to re-offend and (2) hire an additional 10 parole officers to supervise them.

EFFECTIVE DATE: Upon passage

25 & 26 BPP AND DOC ACCESS TO JUVENILE AND YOUTHFUL OFFENDER RECORDS

The bill requires courts to give BPP members and their 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 juvenile or youthful offender who has been convicted of a crime on the regular criminal docket are disclosable. The records must also be relevant to:

1. the performance of a risk and needs assessment of the person while he or she 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.

EFFECTIVE DATE: Upon passage

27 COURT FINDINGS RELATED TO RELEASE CONDITIONS

When a person is arrested for a crime for which bail release is available, the law specifies factors that judges may take into account in determining what conditions of release will reasonably assure (1) the person's appearance in court and (2) that the safety of any other person will not be endangered. The factors are:

1. the nature and circumstances of the offense;

2. the arrestee's criminal history, record of appearing in court after being released on bail, family and community ties, employment record, and financial resources, character, and mental condition;

3. the number and seriousness of pending charges, the weight of the evidence against the arrestee, and whether he or she has previously been convicted of similar offenses while released on bond; and

4. the arrestee's history of violence and, based on the arrestee's expressed intention, the likelihood that he or she will commit another crime while released.

The bill requires the court to state for the record the factors it considered at the time 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.

EFFECTIVE DATE: Upon passage

33 COMMITTEE TO STUDY MUNICIPAL SITING INCENTIVES FOR COMMUNITY-BASED OFFENDER FACILITIES AND HOUSING

The bill establishes a 18-member committee to study how the state can effectively provide municipalities with incentives for allowing community-based facilities for offenders (such as halfway houses and transitional and supportive housing) to be located in their communities.

The committee is composed of the (1) correction commissioner, (2) Judicial Branch's CSSD's executive director, (3) the Office of Policy and Management's (OPM) Criminal Justice Policy and Planning Division undersecretary, and (4) chairpersons and ranking members of the Judiciary and Planning and Development committees. Other members and their appointing authorities are shown below.

Public Members

Appointing Authorities

2 representatives of community-based facilities

1 each appointed by the majority and minority leaders of the House

A representative of a municipality with fewer than 25,000 residents

Senate minority leader

A representative of a municipality with between 25,000 and 50,000 residents

Senate majority leader

A representative of a municipality with between 50,000 and 75,000 residents

House Speaker

A representative of a municipality with between 75,000 and 100,000 residents

Senate President pro tempore

A representative of a municipality with more than 100,000 residents

Governor

The governor must appoint the chairperson from among the members and the committee must report its findings and recommendations to the legislature and governor by January 1, 2009.

EFFECTIVE DATE: Upon passage

34 ADMINISTRATIVE DRIVER'S LICENSE SUSPENSIONS

When evidence lawfully obtained from a hospital indicates that a driver involved in an accident had a blood alcohol level exceeding legal limits (.08% or more for adults and .02% or more for those under age 21), the law permits the Department of Motor Vehicles commissioner to administratively suspend his or her driver's license. The suspension period is currently 90 days for a first offense and up to one year for second and subsequent offenses.

The bill, instead, imposes the same suspension periods as are applicable to cases in which a driver's breath test indicates a blood alcohol level over the legal limit. The change will substantially increase license suspension periods for drivers under age 21. For older drivers, suspension periods will increase in some situations and decrease in others. The bill does not alter the 90-day suspension period for first-time-offending adults with elevated blood alcohol levels of less than .16%.

Table 1 compares suspension periods under current law and the bill.

Table 1: Administrative Per Se License Suspension Periods:—Test Results Obtained from Hospital

Per Se Offense

First Offense

Second Offense

Third or Subsequent Offense

BAC at least .08% but less than .16%

Current: 90 days

Bill: 90 days

Current: up to 1 yr.

Bill: 9 mos.

Current: up to 1 yr.

Bill: 2 yrs.

BAC of .16% or more

Current: 90 days

Bill: 120 days

Current: up to 1 yr.

Bill: 10 mos.

Current: up to 1 yr.

Bill: 2 yrs., 6 mos.

BAC of .02% or more (driver is under 21)

Current: 90 days

Bill: 180 days

Current: up to 1 yr.

Bill: 18 mos.

Current: up to 1 yr.

Bill: 4 yrs.

EFFECTIVE DATE: Upon passage

35 EFFECTIVE DATE FOR CONSUMER REPORTING AGENCY LEGISLATION

The bill changes from February 1, 2008 to May 1, 2008, the effective date of a new law (PA 07-243) regarding consumer reports that contain criminal matters of public record and are used or expected to be used in employment.

EFFECTIVE DATE: Upon passage

Background

PA 07-243 requires each consumer reporting agency that issues these consumer reports to:

1. notify the consumer who is the subject of the report that it is reporting criminal matters of public record, and specify the name and address of the person receiving it;

2. access the conviction information available to the public on the Judicial Department's website to verify, as of the date the report is issued, the accuracy of any criminal matters of public record contained in the report; and

3. maintain procedures to ensure that any criminal matter of public record reported is complete and up-to-date as of the date the consumer report is issued.

36 VIOLATION OF CONDITIONS OF PROBATION

By law, the issuance of an arrest warrant or a notice to appear for a violation of probation interrupts the probationer's sentence until a court makes a final determination concerning the violation. Under current law, the court may impose any conditions of release it may impose for any one who has been arrested for a crime (e.g., bail). The bill instead requires the probationer to comply with any conditions already imposed unless the court orders otherwise.

EFFECTIVE DATE: Upon passage

Background

Conditions for Releasing Someone on Bail. By law, the Superior Court must, in bailable offenses, promptly order an arrestee's release upon the first of the following conditions of release found sufficient to reasonably assure his or her appearance in court upon his or her execution of a:

1. written promise to appear without special conditions,

2. written promise to appear with nonfinancial conditions,

3. bond without surety in no greater amount than necessary, or

4. bond with surety in no greater amount than necessary.

In addition to or in conjunction with any of these conditions the court may, when it has reason to believe that the person is drug-dependent and that it is necessary, reasonable, and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment.

The court may, in determining what conditions of release will reasonably assure the appearance of the arrested person in court, consider the nature and circumstances of the offense and the person's:

1. record of previous convictions,

2. past record of appearance in court after being admitted to bail,

3. family ties,

4. employment record, and

5. financial resources, character, mental condition, and community ties.

38 CRIMINAL JUSTICE INFORMATION SYSTEM GOVERNING BOARD

By law, the Criminal Justice Information System (CJIS) Governing Board, within OPM for administrative purposes only, is charged with overseeing the operations and administration of the state's offender-based tracking system and recommending legislation needed to implement, operate, and maintain the system.

The bill increases the board's membership from 11 to 13 by making the Judiciary Committee chairpersons members. The current members are the chief court administrator, who serves as chairperson; agency commissioners with law enforcement, homeland security, correction, and motor vehicle responsibilities; the BPP chairperson; the OPM secretary; the chief state's attorney and public defender; Department of Information Technology's (DOIT) chief information officer; the victim advocate; and Connecticut Police Chiefs Association president, or their designees.

The bill also directs the board to hire an executive director. Qualified candidates must have education, training, or experience to oversee the design and implementation of the comprehensive, state-wide information

technology system required by 39 of the bill (see below). OPM must provide the executive director office space and necessary staff, supplies, and services.

Offender-Based Tracking System

By law, the offender-based tracking system is an information system that allows criminal justice agencies to share criminal history record information and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, certain motor vehicle violations and offenses, and infractions.

EFFECTIVE DATE: Upon passage

39-40 CRIMINAL JUSTICE INFORMATION SYSTEM

The bill 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, and boards and commissions that have cognizance over law enforcement matters;

2. local police departments; and

3. law enforcement officials.

System Requirements

The system must include a centralized tracking and information database, electronic documentary repository, and analytical tools. They must be developed with state-of-the-art technology.

Tracking and Information Database. The central, integrated tracking and information database must provide:

1. complete biographical information and vital statistics for all living offenders and former offenders and

2. tracking information for all offenders in the criminal justice system, from investigation through incarceration and release, and seamless integration with electronic monitoring systems, global positioning systems, and offender registries.

Electronic Records Repository. The central, integrated electronic repository of criminal justice records and documents must provide access to:

1. state and local police reports, presentence investigations and reports, psychological and medical reports, criminal records, incarceration and parole records, and court records and transcripts, whether the records and documents normally exist in electronic or hard copy form and

2. scanning and processing facilities to ensure that records and documents are integrated into the system and updated immediately.

Centralized Analytical Tools. The centralized, analytical tools must be bundled together in a custom-designed enterprise system that includes:

1. tools that empower and enhance criminal case assessment, sentencing, and plea bargain analysis and pardon, parole, probation and release decisions;

2. tools that empower and enhance forecasting concerning recidivism and future offenses for each individual offender; and

3. collaborative functionality that enables seamless cross-department communication, information exchange, central note-taking, and comment capabilities for each offender.

State-of-the-Art Technology. The bill directs that the system be developed with state-of-the-art relational database technology and other appropriate software applications. The system must be:

1. completely Internet-accessible by all authorized criminal justice officials;

2. fully integrated with information systems and database applications used by state and local police, law enforcement agencies, and other agencies and organizations the governing board deems necessary and appropriate;

3. indexed and cross-referenced by offender name, residence, community, criminal offense, and any other data points necessary for the effective administration of the state's criminal justice system;

4. fully text searchable for all records;

5. secure and protected by high-level security and controls;

6. accessible to the public, subject to appropriate privacy protections and controls; and

7. monitored and administered by the CJIS Governing Board, with the assistance of DOIT.

By July 1, 2008, the bill directs the governing board to (1) issue a request for proposals for the system's design and implementation and (2) hire a consultant to develop a design and implementation plan. The bill appropriates $3 million to the CJIS board for FY 2007-08 for the design and implementation of the system. It specifies that funds remaining at the close of this fiscal year can be spent in FY 2008-09 for the same purpose.

The board must submit status reports starting by July 1, 2008, and continuing each January and July 1st thereafter to the Judiciary and Appropriations committees. It must make a presentation to these committees in conjunction with each January's report and make additional presentations during the ensuing regular legislative session concerning the status of the system's design and implementation along with a specific itemization of any additional resources that are needed.

EFFECTIVE DATE: Upon passage

41 APPROPRIATIONS FOR CERTAIN PROGRAMS

The bill appropriates from the General Fund to:

1. DOC's Community Support Services account, $225,000 for contracting with a nonprofit organization to provide reentry and diversionary services in the Bridgeport area;

2. DOC's Community Support Services account, $500,000 for contracting with a nonprofit organization to provide reentry and diversionary services in the Bridgeport area; and

3. the Judicial Department's Alternative Incarceration Program account, $1,000,000 for contracting with nonprofit organizations to provide reentry and diversionary services in the Hartford and New Haven areas.

The $225,000 appropriation to DOC's account is for the fiscal year ending June 30, 2008. The other two appropriations are for the fiscal year ending June 30, 2009.

EFFECTIVE DATE: Upon passage

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