§ 54-203 — Office of Victim Services established. Powers and duties.

Connecticut § 54-203

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 968: Victim Services

Text

(a) There is established an Office of Victim Services within the Judicial Department. (b) The Office of Victim Services shall have the following powers and duties: (1) To direct each hospital, whether public or private, each university or college health services center, whether public or private, and each community health center, as defined in section 19a-490a , to prominently display posters in a conspicuous location giving notice of the availability of compensation and assistance to victims of crime or their dependents pursuant to sections 54-201 to 54-218 , inclusive, and to direct every law enforcement agency of the state to inform victims of crime or their dependents of their rights pursuant to sections 54-201 to 54-218 , inclusive; (2) To obtain from the office of the state's attorney, state police, local police departments or any law enforcement agency such investigation and data as will enable the Office of Victim Services to determine if in fact the applicant was a victim of a crime or attempted crime and the extent, if any, to which the victim or claimant was responsible for his own injury, including, but not limited to, a request for information form promulgated by the Office of Victim Services; (3) To request from the Department of Correction, other units of the Judicial Department and the Board of Pardons and Paroles such information as will enable the Office of Victim Services to determine if in fact a person who has requested notification pursuant to section 54-228 was a victim of a crime; (4) To take or cause to be taken affidavits or depositions within or without the state; (5) To apply for, receive, allocate, disburse and account for grants of funds made available by the United States, by the state, foundations, corporations and other businesses, agencies or individuals to implement a program for victim services which shall assist witnesses and victims of crimes as the Office of Victim Services deems appropriate within the resources available and to coordinate services to victims by state and community-based agencies, with priority given to victims of violent crimes, by (A) assigning such victim advocates as are necessary to provide assistance; (B) administering victim service programs; and (C) awarding grants or purchase of service contracts to private nonprofit organizations or local units of government for the direct delivery of services, except that the provision of training and technical assistance of victim service providers and the development and implementation of public education campaigns may be provided by private nonprofit or for-profit organizations or local units of government. Such grants and contracts shall be the predominant method by which the Office of Victim Services shall develop, implement and operate direct service programs and provide training and technical assistance to victim service providers; (6) To provide each person who applies for compensation pursuant to section 54-204 , within ten days of the date of receipt of such application, with a written list of rights of victims of crime involving personal injury and the programs available in this state to assist such victims. The Office of Victim Services, the state or any agent, employee or officer thereof shall not be liable for the failure to supply such list or any alleged inadequacies of such list. Such list shall include, but not be limited to: (A) Subject to the provisions of sections 18-81e and 51-286e , the victim shall have the right to be informed concerning the status of his or her case and to be informed of the release from custody of the defendant; (B) Subject to the provisions of section 54-91c , the victim shall have the right to present a statement of his or her losses, injuries and wishes to the prosecutor and the court prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state wherein the defendant pleads to a lesser offense than the offense with which the defendant was originally charged; (C) Subject to the provisions of section 54-91c , prior to the imposition of sentence upon the defendant, the victim shall have the right to submit a statement to the prosecutor as to the extent of any injuries, financial losses and loss of earnings directly resulting from the crime. Upon receipt of the statement, the prosecutor shall file the statement with the sentencing court and the statement shall be made a part of the record and considered by the court at the sentencing hearing; (D) Subject to the provisions of section 54-126a , the victim shall have the right to appear before a panel of the Board of Pardons and Paroles and make a statement as to whether the defendant should be released on parole and any terms or conditions to be imposed upon any such release; (E) Subject to the provisions of section 54-36a , the victim shall have the right to have any property the victim owns which was seized by police in connection with an arrest to be returned; (F) Subject to the provisions of sections 54-56e and 54-142c , the victim shall have the right to be notified of the application by the defendant for the pretrial program for accelerated rehabilitation and to obtain from the court information as to whether the criminal prosecution in the case has been dismissed; (G) Subject to the provisions of section 54-85b , the victim cannot be fired, harassed or otherwise retaliated against by an employer for appearing under a subpoena as a witness in any criminal prosecution; (H) Subject to the provisions of section 54-86g , the parent or legal guardian of a child twelve years of age or younger who is a victim of child abuse or sexual assault may request special procedural considerations to be taken during the testimony of the child; (I) Subject to the provisions of section 46b-15 , the victim of assault by a spouse or former spouse, family or household member has the right to request the arrest of the offender, request a protective order and apply for a restraining order; (J) Subject to the provisions of sections 52-146k , 54-86e and 54-86f , the victim of sexual assault or domestic violence can expect certain records to remain confidential; and (K) Subject to the provisions of section 53a-32 , the victim and any victim advocate assigned to assist the victim may receive notification from a probation officer whenever the officer has notified a police officer that the probation officer has probable cause to believe that the offender has violated a condition of such offender's probation; (7) Within available appropriations, to maintain a victim's assistance center which shall (A) make available to victims information regarding victim's rights and available services, (B) maintain a victims' notification system pursuant to sections 54-227 to 54-230a , inclusive, and 54-235 , and (C) maintain a toll-free number for access to information regarding victims' rights and available services; (8) To provide a telephone helpline that shall provide information on referrals for various services for victims of crime and their families; (9) To provide staff services to a state advisory council. The council shall consist of not more than twenty members to be appointed by the Chief Justice and shall include the Chief Victim Compensation Commissioner and members who represent victim populations, including but not limited to, homicide survivors, family violence victims, sexual assault victims, victims of gun violence, victims of drunk drivers, and assault and robbery victims, and members who represent the judicial branch and executive branch agencies involved with victims of crime. The members shall serve for terms of four years. Any vacancy in the membership shall be filled by the appointing authority for the balance of the unexpired term. The members shall receive no compensation for their services. The council shall meet at least four times a year. The council shall recommend to the Office of Victim Services program, legislative or other matters which would improve services to victims of crime and develop and coordinate needs assessments for both court-based and community-based victim services. The Chief Justice shall appoint two members to serve as cochairpersons. Not later than December fifteenth of each year, the council shall report the results of its findings and activities to the Chief Court Administrator; (10) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed; (11) To recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government relative to victims of crime; (12) To provide support and assistance to state-wide victim services coalitions and groups; (13) To provide a training program for judges, prosecutors, police, probation and parole personnel, bail commissioners, intake, assessment and referral specialists, officers from the Department of Correction and judicial marshals to inform them of victims' rights and available services; (14) To (A) maintain, within available appropriations, a sexual assault forensic examiners program that will train and make available sexual assault forensic examiners to adolescent and adult victims of sexual assault who are patients at participating health care facilities. In order to maintain such program, the Office of Victim Services may apply for, receive, allocate, disburse and account for grants of funds made available by the United States, the state, foundations, corporations and other businesses, agencies or individuals; or (B) establish, within available appropriations, a training program for health care professionals on the care of and collection of evidence from adolescent and adult victims of sexual assault; (15) To provide victims of crime and the general public with information detailing the process by which a victim may register to receive notices of hearings of the Board of Pardons and Paroles; and (16) To submit to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a , on or before January 15, 2000, and biennially thereafter a report of its activities under sections 54-201 to 54-235 , inclusive.

Legislative History

(P.A. 78-261, S. 3, 17; P.A. 80-390, S. 2, 5; P.A. 83-341; P.A. 85-609, S. 1; P.A. 86-401, S. 1; P.A. 87-514, S. 1, 4; 87-554, S. 2; P.A. 91-389, S. 10; P.A. 92-153, S. 3; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; 93-310, S. 2, 32; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-97, S. 1; P.A. 97-257, S. 3, 13; P.A. 99-184, S. 1–3; P.A. 00-99, S. 125, 154; 00-196, S. 44; P.A. 04-234, S. 2; P.A. 05-288, S. 190; Sept. Sp. Sess. P.A. 09-3, S. 49; P.A. 12-114, S. 17; 12-133, S. 25; P.A. 13-214, S. 2; June Sp. Sess. P.A. 15-2, S. 18; P.A. 17-99, S. 22; P.A. 19-114, S. 4; P.A. 24-108, S. 23.) History: P.A. 80-390 added Subdiv. (e) re implementation of programs to assist witnesses and crime victims; P.A. 83-341 amended Subsec. (e) to permit board to apply for and receive grants of funds for victim services program; P.A. 85-609 added Subsec. (f) re provision of comprehensive state-wide victim assistance program and appointment and assignment of victim advocates; P.A. 86-401 amended Subsec. (f) to permit transfer of any person employed in classified service as a victim advocate on October 1, 1986, to the criminal injuries compensation board as classified employee as victim advocate without reduction in salary or grade and added Subsec. (g) re written list of rights provided to victim; P.A. 87-514 added Subsecs. (h) to (k), inclusive, adding duty to provide victims' rights information and telephone hotline for referrals; to continue study by task force on civil liability, assist in implementing recommendations thereof and report findings; to utilize voluntary services and recommend policies to state and local government re rights of victims of crime and victims of torts; P.A. 87-554 changed name of “criminal injuries compensation board” to “commission on victim services”; P.A. 91-389 amended Subsec. (a) to include notice of the availability of “assistance” to crime victims, inserted a new Subsec. (c) to authorize the commission to request information to verify that a person who has requested notification pursuant to Sec. 54-228 was a victim of crime and relettering the remaining Subsecs. accordingly, amended Subsec. (g) to delete provision re transfer to the commission as a classified employee any person employed in the unclassified service as a victim advocate on October 1, 1986, added Subsec. (h)(6) to (10), inclusive, re additional rights of victims to be included in the list, inserted a new Subsec. (j) re the establishment of a victims' notification clearinghouse and the notification of persons who have requested notification, relettering the remaining Subsecs. accordingly, deleted former Subsec. (j) re the study by the task force on civil liability, and added Subsec. (l) re the establishment, composition and duties of a victim services coordinating council, relettering the remaining Subsec. accordingly; P.A. 92-153 established division of crime victims' compensation and division of victim services under supervision of executive director and deputy directors, revised provisions re coordination of victim services, added provision re notification of victims of family violence crimes and modification or termination of criminal orders of protection not later than April 1, 1993, deleted provision re victim services coordinating council and added provision re state advisory council and added responsibility of development of comprehensive plan for administration of crime victims' compensation and coordination of delivery of services in coordination with department of human resources, department of health services, office of policy and management, judicial branch, department of children and youth services and division of criminal justice; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-310 revised section by deleting references to victim compensation commission, establishing office of victim compensation within the judicial department, deleting references to victims of torts, adding deadline of January 1, 1994, for establishment of victims' notification clearinghouse, requiring chief justice to appoint members of council, including the chief victim compensation commissioner, and two members to serve as cochairmen, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-97 amended Subsec. (b)(9) by adding “scheduled to be” before “released”; P.A. 97-257 amended Subsec. (b)(8) by adding “Within available appropriations, to establish a victim's assistance center which shall” and added Subdivs. (16) re establishment of victim's information clearinghouse and provision of toll-free number for access to information and (17) re training program for judges, prosecutors, police, probation and parole personnel, bail commissioners, correctional officers and special deputy sheriffs, effective July 1, 1997; P.A. 99-184 amended Subsec. (b)(6) by adding provision that training and technical assistance for providers and development and implementation of public education campaigns may be provided by nonprofit or for-profit organizations or local units of government, amended Subsec. (b)(16) by adding provision requiring the Office of Victim Services to develop a plan in consultation with other agencies for notification of victims, making Office of Victim Services the lead agency for notification of victims and requiring plan to be submitted to General Assembly not later than February 15, 2000, and added Subdiv. (18) requiring Office of Victim Services to submit report of its activities, including training activities and mandates, to the General Assembly on or before January 15, 2000, and biennially thereafter; P.A. 00-99 replaced reference to special deputy sheriffs with judicial marshals in Subsec. (b)(17), effective December 1, 2000; P.A. 00-196 made a technical change in Subsec. (b)(18); P.A. 04-234 replaced Board of Pardons and Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 05-288 made a technical change in Subsec. (b)(16), effective July 13, 2005; Sept. Sp. Sess. P.A. 09-3 amended Subsec. (b) to add new Subdiv. (18) re establishment of sexual assault forensic examiners program and redesignate existing Subdiv. (18) as Subdiv. (19), effective October 6, 2009; P.A. 12-114 amended Subsec. (b)(7) to add Subpara. (K) re notice to victim that probation officer has notified police officer of probable cause re probation violation by offender; P.A. 12-133 amended Subsec. (b) to substitute “helpline” for “hotline” in Subdiv. (10), delete former Subdiv. (15) re development of comprehensive plan to administer crime victims' compensation, redesignate existing Subdivs. (16) to (19) as Subdivs. (15) to (18), add “intake, assessment and referral specialists” in redesignated Subdiv. (16), and make technical changes; P.A. 13-214 amended Subsec. (b)(7)(K) to add provision re notice to any victim advocate assigned to assist the victim; June Sp. Sess. P.A. 15-2 amended Subsec. (b) to add new Subdiv. (18) re information detailing process for victims to register with Board of Pardons and Paroles and redesignate existing Subdiv. (18) as Subdiv. (19), effective July 1, 2015; P.A. 17-99 amended Subsec. (b) by adding “each university or college health services center, whether public or private, and each community health center, as defined in section 19a-490a”, replacing “emergency room” with “conspicuous location” re prominent display of posters and replacing reference to Sec. 54-233 with reference to Sec. 54-218 in Subdiv. (1), replacing “request from” with “obtain from” and adding provision re request for information form promulgated by Office of Victim Services in Subdiv. (2), deleting former Subdiv. (4) re direct medical examination of victims, redesignating existing Subdivs. (5) to (8) as Subdivs. (4) to (7), amending redesignated Subdiv. (5)(A) by deleting “, in consultation with the Division of Criminal Justice,”, amending redesignated Subdiv. (6)(C) by adding provision re prosecutor to file statement with sentencing court and statement to be part of record and considered at sentencing hearing, amending redesignated Subdiv. (7) by replacing “establish” with “maintain” re victim's assistance center, deleting provision re victim's rights information clearinghouse, adding provisions re information to be made available to victims, maintenance of victims' notification system and toll-free number to access information, deleting former Subdiv. (9) re victims' notification clearinghouse, redesignating existing Subdivs. (10) to (14) as Subdivs. (8) to (12), amending redesignated Subdiv. (9) by replacing 6 with 4 re council's yearly meetings, deleting Subdiv. (15) re establishment of crime victims' information clearinghouse, redesignating existing Subdivs. (16) to (19) as Subdivs. (13) to (16), amending redesignated Subdiv. (14) by replacing “to establish” with “to (A) maintain, within available appropriations,”, replacing “acute care hospitals” with “health care facilities”, adding Subpara. (B) re training program for health care professionals, amending redesignated Subdiv. (16) by replacing reference to Sec. 54-233 with reference to Sec. 54-235 and deleting provision re reporting on training activities and mandates, and making technical and conforming changes; P.A. 19-114 amended Subsec. (b)(14) by deleting reference to nonparticipating health care facilities in Subpara. (B), effective July 1, 2019; P.A. 24-108 amended Subsec. (b)(9) by expanding state advisory council from not more than 15 members to 20 members and by adding “victims of gun violence” to the victim populations represented and amended Subsec. (b)(16) by replacing “victim services” with “judiciary”, effective July 1, 2024.