Bill Text: CT SB00364 | 2017 | General Assembly | Comm Sub
Bill Title: An Act Concerning Access To Legal Counsel For Indigent Individuals In Certain Civil Matters Involving Allegations Of Abuse.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-05-23 - Favorable Report, Tabled for the Calendar, Senate [SB00364 Detail]
Download: Connecticut-2017-SB00364-Comm_Sub.html
General Assembly |
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January Session, 2017 |
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AN ACT CONCERNING ACCESS TO LEGAL COUNSEL FOR INDIGENT INDIVIDUALS IN CERTAIN CIVIL MATTERS INVOLVING ALLEGATIONS OF ABUSE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2017) (a) There is established a pilot program that shall provide indigent individuals with access to legal counsel in proceedings involving an application for relief from abuse brought under section 46b-15 of the general statutes. The pilot program shall be administered in accordance with the provisions of this section. Funding for the pilot program shall be in accordance with the provisions of section 2 of this act.
(b) On and after January 1, 2018, the Judicial Branch shall, within available appropriations: (1) Provide funding to the Division of Public Defender Services to provide legal counsel to a respondent in a proceeding involving an application for relief from abuse brought under section 46b-15 of the general statutes; and (2) contract with one or more nonprofit organizations, whose principal purpose is to provide legal services to indigent individuals, to provide legal counsel to an applicant in a proceeding involving an application for relief from abuse brought under section 46b-15 of the general statutes. The provision of legal counsel under this subsection shall be limited to the issue of whether the application for relief under section 46b-15 of the general statutes shall be granted or denied.
(c) The Chief Court Administrator, in consultation with the Chief Public Defender and the Attorney General, shall select not less than three judicial districts in which to provide the legal services described in subsection (b) of this section.
(d) No individual shall be provided access to legal counsel under subsection (b) of this section, unless: (1) The individual successfully demonstrates that he or she is indigent, in accordance with subsection (a) of section 51-297 of the general statutes; and (2) the proceeding is pending in a judicial district selected to participate in the pilot program pursuant to subsection (c) of this section. In addition, prior to providing legal counsel to any individual under the pilot program, the Division of Public Defender Services and any nonprofit organization with whom the Judicial Branch contracts for the provision of legal services under the pilot program, shall ensure that attorneys are assigned to proceedings in a manner that will avoid conflicts of interest, as defined by the Rules of Professional Conduct.
(e) The Chief Public Defender shall ensure that the Division of Public Defender Services establishes training, practice and caseload standards for the provision of legal counsel to indigent individuals pursuant to subsection (b) of this section. The training, practice and caseload standards shall be designed to (1) ensure proficiency in the procedural and substantive law related to the matters described in subsection (b) of this section, and (2) establish minimum levels of proficiency in relevant subject matter areas, that include, but are not limited to, family violence, behavioral health, child development, educational disabilities and cultural competency.
(f) Any nonprofit organization contracting with the Judicial Branch pursuant to subsection (b) of this section, shall establish training, practice and caseload standards for the provision of legal counsel to indigent individuals pursuant to subsection (b) of this section. The training, practice and caseload standards shall be designed to (1) ensure proficiency in the procedural and substantive law related to the matters described in subsection (b) of this section, and (2) establish minimum levels of proficiency in relevant subject matter areas, that include, but are not limited to, family violence, behavioral health, child development, educational disabilities and cultural competency.
(g) Not later than January 1, 2019, the Chief Court Administrator, the Chief Public Defender and the Attorney General shall jointly report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on: (1) The results of the pilot program, and (2) whether a permanent program that provides similar legal services should be established in the state. Such report may also include legislative recommendations concerning the establishment of the pilot program on a permanent basis.
Sec. 2. (Effective from passage) Up to one million dollars of funds, received by the Attorney General during the fiscal year ending June 30, 2018, in connection with the settlement of any lawsuit to which the state is a party, shall, upon deposit in the General Fund, be credited to the Judicial Branch, which shall provide up to five hundred thousand dollars of such funds to the Division of Public Defender Services and up to five hundred thousand dollars of such funds, in the aggregate, to the nonprofit organizations contracting with the Judicial Branch for the purposes of the pilot program established in section 1 of this act.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2017 |
New section |
Sec. 2 |
from passage |
New section |
JUD |
Joint Favorable Subst. -LCO |
|
FIN |
Joint Favorable |