Sec. 54-82t. Protective services for witness at risk of harm.
Sec. 54-82t. Protective services for witness at risk of harm. (a) For the purposes
of this section and section 54-82u:
(1) "Witness" means any person who is summoned, or who may be summoned, to
give testimony in a criminal proceeding, and includes a member of the immediate family
of such person.
(2) "Witness at risk of harm" means a witness who, as a result of cooperating in an
investigation or prosecution of a serious felony offense, has been, or is reasonably likely
to be, intimidated, harassed, threatened, retaliated against or subjected to physical violence.
(3) "Serious felony offense" means any felony that involves the use, attempted use
or threatened use of physical force against another person or results in the serious physical injury or death of another person.
(b) In any investigation or prosecution of a serious felony offense, the prosecutorial
official shall review all witnesses to the offense and may identify any witness as a witness
at risk of harm. Upon such identification, the prosecutorial official shall then determine
whether a witness at risk of harm is critical to a criminal investigation or prosecution.
If the witness at risk of harm is determined to be critical to such investigation or prosecution, the prosecutorial official may (1) certify that the witness receive protective services,
or (2) if the prosecutorial official finds a compelling need to temporarily relocate the
witness, certify that the witness receive protective services including temporary relocation services. In determining whether a witness should receive protective services, the
prosecutorial official shall give special consideration to a witness who is a child, elderly
or handicapped or otherwise more at risk of being intimidated, harassed, threatened,
retaliated against or subjected to physical violence or who is a witness in a case involving
organized crime, gang activities or drug trafficking or involving a high degree of risk
to the witness.
(c) When a witness is certified as provided in subsection (b) of this section, the
Chief State's Attorney shall provide appropriate protective services to such witness.
The Chief State's Attorney shall coordinate the efforts of state and local agencies to
provide protective services to a witness.
(d) Protective services provided to such witness may include, but are not limited to:
(1) Armed protection, escort, marked or unmarked surveillance or periodic visits
or contact by law enforcement officials prior, during or subsequent to the official proceeding;
(2) Temporary physical relocation to an alternate residence;
(3) Housing expenses;
(4) Transportation or storage of personal possessions;
(5) Basic living expenses including, but not limited to, food, transportation, utility
costs and health care; or
(6) Other services as needed and approved by the Chief State's Attorney.
(e) Protective services may be provided for the duration of the criminal case or until
the risk giving rise to certification has diminished, whichever occurs first.
(f) In addition to the protective services provided pursuant to subsection (d) of this
section, the Chief State's Attorney shall provide such witness with (1) information on
the responsibilities and risks of being a witness, and (2) the names and telephone numbers
of persons to contact if such witness has questions or concerns for such witness's safety,
including at least one telephone number that may be called twenty-four hours a day.
(g) If a witness declines to receive protective services under this section, the Chief
State's Attorney shall request the witness to make such declination in writing. Such
declination shall set forth (1) the type of protective services offered, (2) that the offer
of protective services has been explained in detail to the witness, and (3) a telephone
number that the witness may call twenty-four hours a day if the witness has concerns for
the witness's safety or reconsiders the witness's decision to decline protective services.
(h) If the parent or parents or guardian of a child who is certified as a witness at
risk of harm critical to a criminal investigation or prosecution as provided in subsection
(b) of this section, declines the provision of protective services under this section, the
Office of the Chief State's Attorney shall be notified within twenty-four hours after
such declination. Upon receipt of such notice, the Chief State's Attorney shall make
reasonable efforts to confer with a victim advocate providing services for the Office of
Victim Services and shall, not later than three days after such declination, determine if
the matter should be referred to the Department of Children and Families for investigation as to whether such child is neglected, as defined in section 46b-120, and whether
the department should provide protective services or take other action pursuant to chapter 319a or 815t with respect to such child.
(i) The costs of providing protective services to witnesses under this section shall
be shared by the state and local agencies providing such services pursuant to the witness
protection policy established by the Office of the Chief State's Attorney.
(j) Any record of the Division of Criminal Justice or other governmental agency
that, in the reasonable judgment of the Chief State's Attorney or a state's attorney, would
disclose or would reasonably result in the disclosure of the identity or location of any
person receiving or considered for the receipt of protective services under this section
or of law enforcement techniques not otherwise known to the general public that are
used in protecting witnesses, shall be confidential and not subject to disclosure under
the Freedom of Information Act, as defined in section 1-200.
(k) The Division of Criminal Justice may utilize the resources of other state agencies
in order to provide protective services to witnesses under this section. All offices of the
state's attorneys and other agencies requesting assistance under this section shall comply
with the provisions of the witness protection policy established by the Office of the
Chief State's Attorney.
(l) The Chief State's Attorney, pursuant to his authority under section 51-279, shall
implement the provisions of this section and section 54-82u. The Chief State's Attorney
may adopt regulations in accordance with chapter 54 to implement the provisions of
this section and section 54-82u.
(m) Not later than November 15, 2001, and annually thereafter, the Chief State's
Attorney shall submit a report to the General Assembly on the fiscal and operational
status of the program to provide protective services to witnesses under this section.
(P.A. 99-240, S. 6.)