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2011HB-06650-R00-HB

2011HB-06650-R00-HB

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Published by Patricia Dillon

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Published by: Patricia Dillon on Jun 28, 2011
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06/28/2011

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LCO No. 6855 
{D:\Conversion\Tob\h\2011HB-06650-R00-HB.doc }
 
1
of 289
 
General Assembly
Bill No. 6650 
January Session, 2011
LCO No.
6855
 
*06855__________*
Referred to Committee on No CommitteeIntroduced by:REP. DONOVAN, 84
th
Dist.SEN. WILLIAMS, 29
th
Dist.
 AN ACT IMPLEMENTING THE PROVISIONS OF THE BUDGET CONCERNING THE JUDICIAL BRANCH, CHILD PROTECTION,CRIMINAL JUSTICE, WEIGH STATIONS AND CERTAIN STATE  AGENCY CONSOLIDATIONS.
Be it enacted by the Senate and House of Representatives in GeneralAssembly convened:Section 1. Section 51-289 of the general statutes is repealed and the1following is substituted in lieu thereof (
Effective July 1, 2011
):2(a) There is established a Public Defender Services Commission3which shall consist of seven members appointed as follows:4(1) The Chief Justice shall appoint two judges of the Superior Court,5or a judge of the Superior Court and any one of the following: A6retired judge of the Superior Court, a former judge of the Superior7Court, a retired judge of the Circuit Court, or a retired judge of the8Court of Common Pleas;9(2)
[
the
]
The speaker of the House, the president pro tempore of the10Senate, the minority leader of the House and the minority leader of the11
 
 
Bill No. 6650 
LCO No. 6855 
{D:\Conversion\Tob\h\2011HB-06650-R00-HB.doc }
of 289
 
Senate shall each appoint one member; and12(3)
[
the
]
The Governor shall appoint a chairman.13(b)
 
The chairman shall serve for a three-year term and all14appointments of members to replace those whose terms expire shall be15for terms of three years.16(c)
[
No
]
Not more than three of the members, other than the17chairman, may be members of the same political party. Of the four18nonjudicial members, other than the chairman, at least two shall not be19members of the bar of any state.20(d)
 
If any vacancy occurs on the commission, the appointing21authority having the power to make the initial appointment under the22provisions of this chapter shall appoint a person for the unexpired23term in accordance with the provisions of this chapter.24(e)
 
Members shall serve without compensation but shall be25reimbursed for actual expenses incurred while engaged in the duties of26the commission. Members of
[
this
]
the commission shall not be27employed or nominated to serve as public defenders or in any other28position created under this chapter.29(f)
 
The commission may adopt such rules as it deems necessary for30the conduct of its internal affairs.31(g)
 
The commission shall be responsible for carrying out the32purposes of this chapter and, to carry out those purposes,
[
it
]
the33commission shall adopt rules relating to the operations of a Division of34Public Defender Services and shall provide any facilities, other than35those provided in the courts by the Judicial Department, necessary for36the carrying out of those services. Such rules shall include, but need37not be limited to, Income and Eligibility Guidelines for the38representation of indigent individuals.39(h) Public defender services shall consist of those duties carried out40
 
 
Bill No. 6650 
LCO No. 6855 
{D:\Conversion\Tob\h\2011HB-06650-R00-HB.doc }
3
of 289
 
by Superior Court and Court of Common Pleas public defenders prior41to July 1, 1978, those duties carried out by the Commission on Child42Protection and the Chief Child Protection Attorney prior to July 1,432011, and those responsibilities provided for by this chapter and44section 4 of this act. Public defender services shall be executed by a45Chief Public Defender, a deputy chief public defender, public46defenders, assistant public defenders, deputy assistant public47defenders, investigators and other personnel which the commission48deems necessary.49(i) The Public Defender Services Commission shall constitute a50successor to the Commission on Child Protection. All functions,51powers and duties of the Commission on Child Protection are52transferred to the Public Defender Services Commission in accordance53with sections 4-38d, 4-38e and 4-39.54
[
(h)
]
(j)
 
The Judicial Department shall provide adequate facilities for55public defenders, assistant public defenders and deputy assistant56public defenders in the various courts.57
[
(i)
]
(k)
 
The commission shall establish a compensation plan58comparable to that established for the Division of Criminal Justice in59chapter 886, as it may be amended, and shall make rules
[
relative
]
 60relating to employees serving under
[
the
]
this chapter, including rules61relating to sick leave and vacation time.62
[
(j)
]
(l)
 
The commission shall be an autonomous body within the63 Judicial Department for fiscal and budgetary purposes only.64Sec. 2. Section 51-291 of the general statutes is repealed and the65following is substituted in lieu thereof (
Effective July 1, 2011
):66The Chief Public Defender shall:67(1)
 
Direct and supervise the work of the Deputy Chief Public68Defender and all public defenders, assistant public defenders, deputy69assistant public defenders and other personnel appointed pursuant to70

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