Connecticut SB 1070: AN ACT CONCERNING PROSECUTORIAL ACCOUNTABILITY.

Bill Text

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General Assembly Raised Bill No. 1070
January Session, 2023 LCO No. 4325

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT CONCERNING PROSECUTORIAL ACCOUNTABILITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsection (b) of section 51-278 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2023): 3
(b) (1) (A) The Criminal Justice Commission shall appoint (i) two 4
deputy chief state's attorneys as assistant administrative heads of the 5
Division of Criminal Justice, one of whom shall be deputy chief state's 6
attorney for operations and one of whom shall be deputy chief state's 7
attorney for personnel, finance and administration, who shall assist the 8
Chief State's Attorney in his duties, and (ii) one deputy chief state's 9
attorney who shall be appointed by the commission, as provided in 10
subdivision (8) of this subsection, to serve as Inspector General in 11
accordance with section 51-277e, who shall receive his or her 12
prosecutorial powers as a designee of the Chief State's Attorney. The 13
term of office of a deputy chief state's attorney shall be four years from 14
July first in the year of appointment and until the appointment and 15
qualification of a successor unless sooner removed by the Criminal 16

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Justice Commission. The Criminal Justice Commission shall designate 17
one deputy chief state's attorney appointed under subparagraph (A)(i) 18
of this subsection who shall, in the absence or disqualification of the 19
Chief State's Attorney, exercise the powers and duties of the Chief 20
State's Attorney until such Chief State's Attorney resumes his duties. For 21
the purposes of this subparagraph, the Criminal Justice Commission 22
means the members of the commission other than the Chief State's 23
Attorney. (B) The Criminal Justice Commission shall appoint a state's 24
attorney for each judicial district, who shall act therein as attorney on 25
behalf of the state. The Criminal Justice Commission shall also appoint, 26
from candidates recommended by the appropriate state's attorney and 27
deemed qualified by the commission, as many assistant state's attorneys 28
and deputy assistant state's attorneys on a full-time or part-time basis 29
for each judicial district as the criminal business of the court, in the 30
opinion of the Chief State's Attorney, may require, and the commission 31
shall also appoint, from candidates recommended by the Chief State's 32
Attorney and deemed qualified by the commission, as many assistant 33
state's attorneys and deputy assistant state's attorneys as are necessary, 34
in the opinion of the Chief State's Attorney, to assist the Chief State's 35
Attorney. Assistant state's attorneys and deputy assistant state's 36
attorneys, respectively, shall assist the state's attorneys for the judicial 37
districts and the Chief State's Attorney in all criminal matters and, in the 38
absence from the district or disability of the state's attorney or at his 39
request, shall have and exercise all the powers and perform all the duties 40
of state's attorney. At least three such assistant state's attorneys or 41
deputy assistant state's attorneys shall be designated by the Chief State's 42
Attorney to handle all prosecutions in the state of housing matters 43
deemed to be criminal. Any assistant or deputy assistant state's attorney 44
so designated should have a commitment to the maintenance of decent, 45
safe and sanitary housing and, to the extent practicable, shall handle 46
housing matters on a full-time basis. At least one assistant state's 47
attorney shall be designated by the Chief State's Attorney to handle all 48
prosecutions in the state of environmental matters deemed to be 49
criminal. Any assistant state's attorney so designated should have a 50
commitment to protecting the environment and, to the extent 51

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practicable, shall handle environmental matters on a full-time basis. (C) 52
The Chief State's Attorney may promote any assistant state's attorney, 53
or deputy assistant state's attorney who assists him, and the appropriate 54
state's attorney may promote any assistant state's attorney or deputy 55
assistant state's attorney who assists such state's attorney in the judicial 56
district. The Chief State's Attorney shall notify the Criminal Justice 57
Commission of any such promotion. 58
(2) On and after July 1, 1985, the Chief State's Attorney, deputy chief 59
state's attorneys, state's attorneys, assistant state's attorneys and deputy 60
assistant state's attorneys shall receive salaries in accordance with a 61
compensation plan approved by the Department of Administrative 62
Services. 63
(3) Each state's attorney who, on June 30, 1973, was included in the 64
provisions of sections 51-49, 51-287 and 51-288 may elect to contin