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.

As Amended by Senate "A" (LCO 6782), Senate "B" (LCO 9140)

Senate Calendar No.: 368


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 16 $

FY 17 $

Emergency Services and Public Protection, Dept.

GF - Cost

At least $2.27 million

At least $170,000

Various State Agencies

GF - Cost

Approximately $1,000 per Police Officer

See Below

Criminal Justice, Div.

GF - Potential Cost

Approximately $64,000 per Case

Approximately $64,000 per Case

Note: GF=General Fund

Municipal Impact:

Municipalities

Effect

FY 16 $

FY 17 $

Various Municipalities

Potential Cost

Approximately $1,000 per Police Officer

See Below

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 results in a potential cost. Current law allows the Chief State's Attorney to designate a prosecutor from a different judicial district or appoint a special assistant state's attorney. The bill results in a potential cost by increasing the number of cases that might require a special assistant state's attorney. Based on previous investigations, it is estimated 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 a police officer uses physical force or discharges a firearm. 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.

Section 6 of the bill requires certain law enforcement officers to wear equipment capable of recording both audio and video; including those at DESPP, certain universities, and municipalities that receive state funding. DESPP is anticipated to incur costs of approximately $1,500,000 in FY 16 for providing each sworn state police officer with the necessary equipment. The required information technology infrastructure for video storage is anticipated to cost DESPP an additional $500,000 in FY 16. In order to manage the program, and its associated technical and legal requirements, DESPP is anticipated to require two additional staff members at a total annual salary of approximately $170,000 plus fringe benefits of approximately $66,000 beginning in FY 16.

Affected college and municipal law enforcement agencies may incur similar expenses of approximately $1,000 per officer for body-worn recording equipment. Additionally, such recording equipment requires significant data storage infrastructure, either server- or cloud-based, likely to range from $5 - $35 per officer per month with significant additional initial equipment and personnel costs necessary for in-house server-based storage configurations. Certain municipal costs may be at least partially mitigated by the grant-in-aid program established in section 7. As municipalities are only required to wear equipment under certain circumstances, the incurring of these costs by municipalities is voluntary.

Section 7 of the bill establishes a grant-in-aid program to reimburse municipalities for certain expenses related to the acquisition of body-worn video recording equipment. As OPM currently administers several programs that provide reimbursements to municipalities, it is anticipated that OPM could administer the additional, similar program required under the bill's provisions with no fiscal impact.

Section 8 of the bill establishes liabilities related to certain police actions related to the taking of photographs and video and has no fiscal impact.

Section 9 of the bill modifies the expiration of employee candidate lists and has no fiscal impact.

Senate “A” modified the investigatory process for incidences wherein a person dies during an altercation with a police officer eliminating the costs to the Division of Criminal Justice in the underlying bill.

Senate “B” strikes the underlying bill and associated fiscal impact resulting in the fiscal impact detailed above.

The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely for the purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.