Bill Text: CT HB07005 | 2015 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Domestic Violence Offender Program Standards And Increased Protections For Victims Of Domestic Violence.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-04-14 - File Number 631 [HB07005 Detail]

Download: Connecticut-2015-HB07005-Comm_Sub.html

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General Assembly		Raised Bill No. 7005
January Session, 2015		LCO No. 4999
		*_____HB07005JUD___033015____*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING DOMESTIC VIOLENCE OFFENDER PROGRAM STANDARDS AND INCREASED PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 18-87k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(a) The Criminal Justice Policy Advisory Commission shall: (1) Develop and recommend policies for preventing prison and jail overcrowding; (2) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding and recommend legislation to the Governor and the General Assembly; (3) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make such information available to criminal justice agencies and members of the General Assembly; (4) advise the undersecretary of the Criminal Justice Policy and Planning Division on policies and procedures to promote more effective and cohesive state criminal justice and juvenile justice systems and to develop and implement the offender reentry strategy as provided in section 18-81w; (5) monitor developments throughout the state's criminal justice system and, not later than February 15, 2009, and annually thereafter, report to the Governor and the General Assembly on the effectiveness of the state's reentry strategy, outcomes achieved under the reentry strategy and the level of integration and coordination of the information technology systems used by the criminal justice agencies and other system-wide issues identified by the commission; (6) not later than February 15, 2009, and annually thereafter, sponsor for all members of the criminal justice community a full-day review of the criminal justice system in the state including progress that has been made within the past year and challenges to be met, which review shall be facilitated by the undersecretary of the Criminal Justice Policy and Planning Division; (7) identify specific needs for reentry services in geographic areas throughout the state; (8) identify institution-based and community-based programs and services that effectively address offender needs and reduce recidivism including, but not limited to, education and training, employment preparation and job bank, transitional health care, family support, substance abuse, domestic violence and sexual offender programs and services; (9) develop a guide to best practices in the provision of reentry services; (10) develop and annually update a plan to ensure the availability of reentry services, which plan may include establishment of community reentry centers; and (11) assist the undersecretary of the Criminal Justice Policy and Planning Division in developing the recommendations included in the report and presentation made by the division pursuant to section 4-68p.

(b) The commission shall establish a subcommittee on corrections behavioral health composed of the Commissioner of Correction, the Commissioner of Mental Health and Addiction Services and a representative of The University of Connecticut Health Center having responsibility for the administration of the contract with the Department of Correction concerning the provision of health care services to inmates of the department. The subcommittee shall make recommendations to the commission concerning the provision of behavioral health services to inmates of the Department of Correction.

(c) The commission shall establish a subcommittee on correctional staff health and safety composed of the Commissioner of Correction, the Commissioner of Emergency Services and Public Protection and the Commissioner of Mental Health and Addiction Services, or their designees, eight persons appointed one each by the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety, one representative from each of the three local chapters of labor organizations representing correction officers appointed by such local chapter and one representative from each of the labor organizations representing hazardous duty staff of the Department of Correction appointed by such labor organization. The subcommittee shall review the policies and procedures of the Department of Correction with respect to staff health and safety including, but not limited to, the manner in which: (1) Inmate assaults are investigated, classified and assigned points, (2) data on inmate assaults is collected and compiled, and (3) data on inmate assaults is reported to persons and agencies outside the department. The subcommittee shall submit any recommendations it may have to the commission concerning revisions to such policies and procedures.

(d) (1) The commission shall establish a subcommittee on domestic violence offender program standards.

(2) The subcommittee shall be composed of (A) the executive director of the Court Support Services Division of the Judicial Branch, the chairperson of the Board of Pardons and Paroles, the Chief State's Attorney, the Chief Public Defender, the Commissioners of Children and Families, Correction and Public Health and the Victim Advocate, or their designees, (B) one representative of an organization that provides services to victims of domestic violence, appointed by the house chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, and (C) one representative of an organization that provides services to persons who have committed acts of domestic violence, appointed by the senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

(3) On or before October, 1 2015, and annually thereafter, the subcommittee shall review, and revise as needed, domestic violence offender program standards, provided such standards shall include, but not be limited to: (A) A domestic violence offender program shall be conducted in a manner that promotes the safety and rights of victims; (B) a domestic violence offender program shall be conducted in a manner that places sole responsibility for acts of domestic violence on the offender and holds such offender accountable for his or her acts; and (C) a domestic violence offender program shall be administered in a manner that most effectively facilitates behavior change and cessation of the commission of acts of domestic violence by an offender. The subcommittee shall establish policies and procedures to ensure that all domestic violence offender programs operating in the state are in full compliance with the standards promulgated pursuant to this subsection.

Sec. 2. Subsection (g) of section 46b-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(g) (1) In cases referred to the local family violence intervention unit, it shall be the function of the unit to [(1)] (A) identify victim service needs and, by contract with victim service providers, make available appropriate services that include, but are not limited to, the provision of trauma-informed care by a counselor who provides trauma-informed care, or a referral to a counselor, and [(2)] (B) identify appropriate offender services and where possible, by contract, provide treatment programs for offenders. For purposes of this subsection, "trauma-informed care" means trauma-informed care, as defined in subsection (d) of section 46b-38b.

(2) Treatment programs for offenders who are arrested for committing acts of family violence against a family or household member, as defined in subparagraphs (A), (E) or (F) of subdivision (2) of section 46b-38a, shall operate in accordance with the domestic violence offender program standards promulgated pursuant to subsection (d) of section 18-87k, as amended by this act. On and after October 1, 2015, no budgeted agency, as defined in section 4-69, shall operate, contract with, utilize or refer a person to a domestic violence offender program unless such program demonstrates compliance with the standards promulgated pursuant to subsection (d) of section 18-87k, as amended by this act.

Sec. 3. Section 54-86d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

Any person who has been the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or family violence, as defined in section 46b-38a, shall not be required to divulge his or her address or telephone number during any trial or pretrial evidentiary hearing arising from the sexual assault or injury or risk of injury to, or impairing of morals of, children, or family violence; provided the judge presiding over such legal proceeding shall find: (1) Such information is not material to the proceeding, (2) the identity of the victim has been satisfactorily established, and (3) the current address of the victim will be made available to the defense in the same manner and time as such information is made available to the defense for other criminal offenses.

Sec. 4. Section 54-86e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

The name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or family violence, as defined in section 46b-38a and such other identifying information pertaining to such victim as determined by the court, shall be confidential and shall be disclosed only upon order of the Superior Court, except that (1) such information shall be available to the accused in the same manner and time as such information is available to persons accused of other criminal offenses, and (2) if a protective order is issued in a prosecution under any of said sections, the name and address of the victim, in addition to the information contained in and concerning the issuance of such order, shall be entered in the registry of protective orders pursuant to section 51-5c.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2015	18-87k
Sec. 2	July 1, 2015	46b-38c(g)
Sec. 3	July 1, 2015	54-86d
Sec. 4	July 1, 2015	54-86e

JUD

Joint Favorable