In-Custody Informants in Connecticut (2019)
In 2019, the state passed a law that requires additional protections against unreliable jailhouse witness testimony. At the defendant’s request, prosecutors must disclose within 45 days whether they intend to introduce jailhouse witness testimony and if so, must disclose key information about the jailhouse witness and their testimony, including any benefits that were offered or may be offered in exchange for their testimony. The law also requires the court to conduct a pretrial hearing to determine whether any jailhouse witness’s testimony is reliable and admissible in homicide and sexual assault cases. Additionally, the law mandates the implementation of a first-of-its-kind tracking system by requiring each state’s attorney’s office to track information about jailhouse witnesses, including: the substance and use of any jailhouse witness testimony, cooperation agreements with jailhouse witnesses, and any benefits that have or will be provided/offered to jailhouse witnesses. The Office of Policy and Management shall maintain a statewide record of the tracked information. Effective: October 2019.