Sec. 54-203. Office of Victim Services established. Powers and duties.
Sec. 54-203. Office of Victim Services established. Powers and duties. (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, to display prominently in its
emergency room posters giving notice of the availability of compensation and assistance
to victims of crime or their dependents pursuant to sections 54-201 to 54-233, 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 54-233, inclusive;
(2) To request 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;
(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 direct medical examination of victims as a requirement for payment under
sections 54-201 to 54-233, inclusive;
(5) To take or cause to be taken affidavits or depositions within or without the state;
(6) 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,
in consultation with the Division of Criminal Justice, such victim advocates as are necessary to provide assistance; (B) administering victim service programs; and (C) awarding
grants or purchase of service contracts in accordance with the plan developed under
subdivision (15) of this subsection 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;
(7) 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;
(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;
(8) Within available appropriations, to establish a victim's assistance center which
shall provide a victims' rights information clearinghouse which shall be a central repository of information regarding rights of victims of crime and services available to such
victims and shall collect and disseminate such information to assist victims;
(9) To provide, not later than January 1, 1994, a victims' notification clearinghouse
which shall be a central repository for requests for notification filed pursuant to sections
54-228 and 54-229, and to notify, on and after January 1, 1994, persons who have filed
such a request whenever an inmate has applied for release from a correctional institution
or reduction of sentence or review of sentence pursuant to section 54-227 or whenever
an inmate is scheduled to be released from a correctional institution and, on and after
January 1, 1994, to provide victims of family violence crimes, upon request, information
concerning any modification or termination of criminal orders of protection;
(10) To provide a telephone hotline that shall provide information on referrals for
various services for victims of crime and their families;
(11) To provide staff services to a state advisory council. The council shall consist
of not more than fifteen 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 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 six 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
cochairmen. Not later than December fifteenth of each year, the council shall report the
results of its findings and activities to the Chief Court Administrator;
(12) To utilize such voluntary and uncompensated services of private individuals,
agencies and organizations as may from time to time be offered and needed;
(13) To recommend policies and make recommendations to agencies and officers
of the state and local subdivisions of government relative to victims of crime;
(14) To provide support and assistance to state-wide victim services coalitions and
groups;
(15) To develop, in coordination with the Department of Social Services, the Department of Public Health, the Office of Policy and Management, the Department of
Children and Families and the Division of Criminal Justice, a comprehensive plan to
more effectively administer crime victims' compensation and coordinate the delivery
of services to crime victims, including the funding of such services. Such plan shall be
submitted to the Governor and the General Assembly not later than January 1, 1994;
(16) Within available appropriations to establish a crime victims' information clearinghouse which shall be a central repository for information collected pursuant to subdivision (9) of this subsection and information made available through the criminal justice
information system, to provide a toll-free telephone number for access to such information and to develop a plan, in consultation with all agencies required to provide notification to victims, outlining any needed statutory changes, resources and working
agreements necessary to make the Office of Victim Services the lead agency for notification of victims, which plan shall be submitted to the General Assembly not later than
February 15, 2000;
(17) To provide a training program for judges, prosecutors, police, probation and
parole personnel, bail commissioners, officers from the Department of Correction and
judicial marshals to inform them of victims' rights and available services; and
(18) To submit to the joint standing committee of the General Assembly having
cognizance of matters relating to victim services, 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 54-233, inclusive, including, but not limited to, implementation of training activities and mandates. Such report shall include the types of
training provided, entities providing training and recipients of training.
(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.)
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.