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Gov. Jodi Rell signed into law June 5 a bill backed by the ACLU of Connecticut and the Black and Hispanic Caucus requiring that racial and ethnic impact statements be prepared for certain bills and amendments that could, if passed, increase or decrease the pretrial or sentenced prison population. Although not as strong as sponsors had sought, the new law makes Connecticut only the second state in the nation to require such statements. “This new law,” said Andrew Schneider, executive director of ACLU-CT, “articulates a criminal justice system that rejects disproportionate targeting and incarceration of people of color.” The original bill (House Bill 5933, which has now become Public Act 08-143) was introduced by the Judiciary Committee and co-sponsored by nine legislators and dealt with compensation of those wrongly convicted. The bill, that passed, authorizes certain people convicted in state court and sentenced to a term of imprisonment to present a claim against the state for compensation for wrongful conviction with the claims commissioner. The bill applies only to those: 1. who served all or part of their sentence; 2. who were innocent of the crime or crimes they were convicted of; and 3. whose conviction was vacated or reversed and whose case was dismissed on grounds of innocence, or on a ground consistent with innocence. The bill requires that they follow the procedures in place for filing a claim against the state. The bill gives the person filing the claim the burden of establishing by a preponderance of the evidence to the claims commissioner that he or she meets the bill's eligibility requirements. In addition, the bill requires the claimant to present evidence of damages arising from, or related to, the claimant's arrest, prosecution, conviction, and incarceration. If the claims commissioner determines that the claimant is eligible by a preponderance of the evidence, he must order the immediate payment of compensation for the wrongful incarceration. The bill specifies factors the commissioner must consider when determining the amount of compensation and additional amounts he may award for certain training and other specified services. The bill requires people to file any claim based on a pre-October 1, 2008 pardon or dismissal by September 30, 2010. They must file any claim based on a pardon or dismissal that occurred on or after October 1, 2008 within two years after the pardon or dismissal. The bill specifies that it may not be interpreted to prevent someone from pursuing any other action or remedy at law or in equity that he or she may have against the state and any political subdivision of the state and any officer, agent, employee, or official arising out of the wrongful conviction and incarceration. The bill requires the Advisory Commission on Wrongful Convictions to monitor and evaluate the implementation of (1) the procedure the bill establishes for compensating wrongfully incarcerated persons; (2) the pilot program to electronically record interrogations of arrested persons; and (3) eyewitness identification procedures that, when practicable, use a double-blind administration. The bill specifies that a double-blind administration occurs when the person conducting the identification procedure is not aware of which person in the photo or live lineup is suspected as being the perpetrator of the crime. By January 7, 2009, the commission must report its findings and recommendations to the Judiciary Committee. The bill requires that beginning with the 2009 session of the General Assembly, a racial and ethnic impact statement be prepared for certain bills and amendments that could, if passed, increase or decrease the pretrial or sentenced prison population. It also requires that by January 1, 2009, the Judiciary Committee recommend a joint rule on the procedure for preparing them, their content, and the types of bills and amendments for which they should be prepared. Finally, the bill extends the reporting deadline for the Connecticut Sentencing Task Force from December 1, 2008 to July 1, 2009. It also requires the task force to recommend, by January 7, 2009, whether to establish a permanent sentencing commission and, if so, the permanent commission's mission, duties, membership, and procedures. The 28-member task force was established in 2006 to review the state's criminal justice and sentencing policies. Testifying in support of the original bill on compensation for wrongly convicted persons at the committee’s public hearing were Karen Goodrow, Connecticut Innocence Project; Rahisha Bivens; Sally Joughin, People Against Injustice; and Tiffany Stevens, McCarter, English, LLP. The Judiciary committee proposed substitute language around the procedures for filing a claim for compensation. By a unanimous vote, the committee passed the substitute bill and sent it to the House. The House referred it to the Appropriations Committee where it was passed by a vote of 41 to 1 and the no vote was Rep. Ferrari (R-East Granby). In the House, when leadership convinced the Black and Hispanic Caucus not to offer an amendment on racial impact statements to the persistent offender bill; leadership agreed to add the amendment to another bill the same night. Rep. Lawlor (D-East Haven) offered House Amendment ‘A’ that adds the provisions extending the Connecticut Sentencing Task Force's reporting deadline and requiring it to make recommendations on a permanent sentencing commission. The House adopted House Amendment ‘A’ by a voice vote. Then Rep. Lawlor (D-East Haven) offered House Amendment ‘B’ that adds the racial and ethnic impact statement provision. The House adopted House Amendment ‘B’ on a voice vote and passed the bill as amended by House Amendments ‘A’ and ‘B’ by a vote of 126 to 11. (Click here for the roll call vote.) The bill was not ready for action in the Senate until the final day of the session. Its passage got caught up in last day politics and concern that the Black and Hispanic caucus would filibuster the vote on the appointment of four Judges. The caucus was very upset by the lack of minority Judges and judicial nominees sent to the legislature. After the Judges had passed both houses this bill was put on the consent calendar. The Senate adopted House Amendments ‘A’ and ‘B’ and passed the bill as amended in concurrence with the House on a consent calendar that passed less than an hour before the midnight adjournment. Effective Date: October 1, 2008, except for the provisions concerning the sentencing task force and the racial and ethnic impact statements, which take effect upon passage.
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