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Connecticut Laws | Title 54 Criminal Procedure
CHAPTER 961* TRIAL AND PROCEEDINGS AFTER CONVICTION
Sec. 54-82t. Protective services for witness at risk of harm.

(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. (777)

(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. (778)

(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. (779)

(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. (780)

(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. (781)

(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. (782)

(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. (783)

(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. (784)

(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. (785)

Sec. 54-82u. Witness protection agreement. (786)(Text)

(a) In order to receive protective services under section 54-82t, the witness shall enter into a written agreement with the Chief State's Attorney. The witness protection agreement shall be in writing and shall specify the responsibilities of the witness that establish the conditions for the Chief State's Attorney to provide protective services. The witness shall agree to all of the following: (787)

(1) To testify in and provide information to all appropriate law enforcement officials concerning all appropriate proceedings; (788)

(2) To refrain from committing any crime; (789)

(3) To take all necessary steps to avoid detection by other persons of the facts concerning the protective services provided to the witness under section 54-82t; (790)

(4) To comply with legal obligations and civil judgments against the witness; (791)

(5) To cooperate with all reasonable requests of officers and employees of the state or any municipality who are providing protective services under section 54-82t; (792)

(6) To designate another person to act as agent for service of process; (793)

(7) To make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation; (794)

(8) To disclose if the witness is on probation or parole and, if so, any conditions of probation or parole; (795)

(9) To inform regularly the appropriate official of the witness's activities and current address; and (796)

(10) To comply with any other lawful and appropriate conditions as determined by the Office of the Chief State's Attorney. (797)

(b) The Chief State's Attorney shall not be liable for any condition in the witness protection agreement that cannot reasonably be met due to a witness committing a crime during participation in the program. (798)

Sec. 54-83. Testimony required in capital cases. (799)(Text)

No person may be convicted of any crime punishable by death without the testimony of at least two witnesses, or that which is equivalent thereto. (800)

Sec. 54-84. Testimony or silence of accused. (801)(Text)

(a) Any person on trial for crime shall be a competent witness, and at his or her option may testify or refuse to testify upon such trial. The neglect or refusal of an accused party to testify shall not be commented upon by the court or prosecuting official, except as provided in subsection (b) of this section. (802)

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