OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http://www.cga.ct.gov/ofa

sSB-1109

AN ACT CONCERNING EXCESSIVE USE OF FORCE.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 16 $

FY 17 $

Department of Emergency Services and Public Protection

GF - Cost

Less than $125,000

Less than $25,000

Criminal Justice, Div.

GF - Cost

Approximately $64,000 per Case

Approximately $64,000 per Case

Various State Agencies

GF - Cost

Less than $25,000

Less than $25,000

Note: GF=General Fund

Municipal Impact:

Municipalities

Effect

FY 16 $

FY 17 $

Various Municipalities

STATE MANDATE - Cost

Less than $125,000 per Municipality

Less than $25,000 per Municipality

Explanation

Section 1 of the bill requires each basic or review training program administered by the Department of Emergency Services and Public Protection (DESPP) or a municipal police department to include training on the use of body-worn recording equipment, cultural sensitivity, and deadly use of force. DESPP and certain municipalities are anticipated to incur costs ranging from $20,000 to $100,000 in FY 16 to develop and implement such training programs.

Section 2 of the bill requires each law enforcement unit to develop and implement guidelines for the recruitment and retention of minority officers. While many departments already have such policies in place, those that do not may incur costs beginning in FY 16, likely less than $20,000 per year, to do so.

Section 3 of the bill expands circumstances that the Division of Criminal Justice must investigate a death involving a peace officer and requires that the investigation must be conducted by a contracted special assistant state's attorney, as opposed to a prosecutor from a different judicial district as is currently done. It is estimated, based on previous investigations, that it would take approximately 160 hours at an hourly rate of $400/hour, for a total cost of approximately $64,000 per case. On average there have been four such cases each year. The expansion includes all cases involving physical force that results in a death, as opposed to all deadly physical force, which may result in an increased number of investigations annually.

Section 4 of the bill requires each law enforcement unit to record information detailing any incident wherein the firearm of a police officer is discharged. While this is current practice for many departments already, certain non-compliant departments may incur costs beginning in FY 16, likely less than $5,000 per year, to do so.

Section 5 of the bill prevents law enforcement units from hiring any police officer who was previously dismissed from another such unit for misconduct or who resigned while being investigated for such behavior. The bill also requires any law enforcement unit to notify another if it becomes aware that a former officer applies for employment after such a dismissal or resignation. There is no cost arising from these provisions of the bill.

sHB 6824, the FY 16 and FY 17 budget bill, as favorably reported by the Appropriations Committee, appropriated $200,000 in FY 16 and FY 17 to the Division of Criminal Justice to contract a special assistant state's attorney for investigations under section 3 of the bill. Funding for the other sections of this bill is not included in sHB 6824.

The Out Years

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