General Assembly Governor's Bill No. 6391
January Session, 2011 LCO No. 3598
*03598__________*
Referred to Committee on Judiciary
Introduced by:
REP. DONOVAN, 84th Dist. REP. SHARKEY, 88th Dist. SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist.
General Assembly
Governor's Bill No. 6391
January Session, 2011
LCO No. 3598
*03598__________*
Referred to Committee on Judiciary
Introduced by:
REP. DONOVAN, 84th Dist.
REP. SHARKEY, 88th Dist.
SEN. WILLIAMS, 29th Dist.
SEN. LOONEY, 11th Dist.
AN ACT CONCERNING PENALTIES FOR CERTAIN DRIVING UNDER THE INFLUENCE OFFENSES, OFFENDER RISK REDUCTION EARNED CREDITS AND HOME CONFINEMENT FOR CERTAIN NONVIOLENT DRUG OFFENDERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (g) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(g) Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year, or (ii) have such person's motor vehicle operator's license or nonresident operating privilege suspended for three months and be prohibited for the nine-month period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.
Sec. 2. Subsection (i) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(i) (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C)(ii) of subdivision (1) or subparagraph (C)(i) or (C)(ii) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served the suspension required under said subparagraph, [(C)(i) or (C)(ii),] and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person. Except as provided in sections 53a-56b and 53a-60d, no person whose license is suspended by the commissioner for any other reason shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device. (2) All costs of installing and maintaining an ignition interlock device shall be borne by the person required to install such device. (3) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection. The regulations shall establish procedures for the approval of ignition interlock devices, for the proper calibration and maintenance of such devices and for the installation of such devices by any firm approved and authorized by the commissioner. (4) The provisions of this subsection shall not be construed to authorize the continued operation of a motor vehicle equipped with an ignition interlock device by any person whose operator's license or nonresident operating privilege is withdrawn, suspended or revoked for any other reason. (5) The provisions of this subsection shall apply to any person whose license has been suspended in accordance with the provisions of subparagraph (C)(i) or (C)(ii) of subdivision (2) of subsection (g) of this section on or after September 1, 2003, or subparagraph (C)(ii) of subdivision (1) of subsection (g) of this section on or after July 1, 2011. (6) Whenever a person is permitted by the commissioner under this subsection to operate a motor vehicle if such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, the commissioner shall indicate in the electronic record maintained by the commissioner pertaining to such person's operator's license or driving history that such person is restricted to operating a motor vehicle that is equipped with an ignition interlock device and the duration of such restriction, and shall ensure that such electronic record is accessible by law enforcement officers. Any such person shall pay the commissioner a fee of one hundred dollars prior to the installation of such device. (7) There is established the ignition interlock administration account which shall be a separate, nonlapsing account in the General Fund. The commissioner shall deposit all fees paid pursuant to subdivision (6) of this subsection in the account. Funds in the account may be used by the commissioner for the administration of this subsection.
Sec. 3. (NEW) (Effective July 1, 2011) Notwithstanding any provision of the general statutes, whenever a person is sentenced to a term of imprisonment pursuant to subsection (g) of section 14-227a of the general statutes, as amended by this act, and committed by the court to the custody of the Commissioner of Correction, the commissioner may immediately release such person to such person's residence subject to the conditions that such person not leave such residence unless otherwise authorized and be subject to electronic monitoring by use of a global positioning system and continuous monitoring for alcohol consumption, and any other conditions that the commissioner may impose. Any person released pursuant to this section shall remain in the custody of the commissioner and shall be supervised by employees of the department during the period of such release. Upon the violation by such person of any condition of such release, the commissioner may revoke such release and return such person to confinement in a correctional facility. For purposes of this section, "continuous monitoring for alcohol consumption" means automatically testing breath, blood or transdermal alcohol concentration levels and tamper attempts at least once every hour regardless of the location of the person being monitored.
Sec. 4. (NEW) (Effective July 1, 2011) Notwithstanding any provision of the general statutes, the Commissioner of Correction shall establish an incentive plan for inmates to earn credit toward achieving a reduction of their sentence and an early release from incarceration. The incentive plan shall provide for the earning of such credit by compliance with the inmate's accountability plan, good conduct, obedience to the rules and participation in programs that will prepare the inmate to return to the community. The commissioner shall adopt policies and procedures to determine the amount of credit that an inmate may earn toward a reduction in his or her sentence.
Sec. 5. (NEW) (Effective July 1, 2011) Notwithstanding any provision of the general statutes, whenever a person is convicted of a violation of section 21a-267 or subsection (c) of section 21a-279 of the general statutes and committed by the court to the custody of the Commissioner of Correction, the commissioner may immediately release such person to such person's residence subject to the conditions that such person not leave such residence unless otherwise authorized and be subject to electronic monitoring by use of a global positioning system, and any other conditions that the commissioner may impose. Any person released pursuant to this section shall remain in the custody of the commissioner and shall be supervised by employees of the department during the period of such release. Upon the violation by such person of any condition of such release, the commissioner may revoke such release and return such person to confinement in a correctional facility.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2011 14-227a(g)
Sec. 2 July 1, 2011 14-227a(i)
Sec. 3 July 1, 2011 New section
Sec. 4 July 1, 2011 New section
Sec. 5 July 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2011
14-227a(g)
Sec. 2
July 1, 2011
14-227a(i)
Sec. 3
July 1, 2011
New section
Sec. 4
July 1, 2011
New section
Sec. 5
July 1, 2011
New section
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]