| 18 | | - | (a) There shall be a Board of Pardons and Paroles within the Department of Correction, for administrative purposes only. On [and after July 1, 2008, and prior to July 1, 2010, the board shall consist of eighteen members, and on] and after July 1, 2010, the board shall consist of twenty members, including a chairperson, five full-time members and fourteen part-time members. The Governor shall appoint all members of the board with the advice and consent of both houses of the General Assembly. [On and after July 1, 2008, twelve of the members shall serve exclusively on parole release panels, five of the members shall serve exclusively on pardons panels and the chairperson may serve on both parole release panels and pardons panels, except that on and after July 1, 2010, seven of the members shall serve exclusively on pardons panels.] In the appointment of the members, the Governor shall specify the member being appointed as chairperson, [the full-time and part-time members being appointed to serve on parole release panels and the members being appointed to serve on pardons panels] the members being appointed to serve full-time and the members being appointed to serve part-time. In the appointment of the members, the Governor shall comply with the provisions of section 4-9b. [The Governor shall appoint a chairperson from among the membership.] The members of the board appointed on or after [February 1, 2008] July 1, 2013, shall be qualified by education, experience or training in the administration of community corrections, parole or pardons, criminal justice, criminology, the evaluation or supervision of offenders or the provision of [mental] public health services [to offenders] or legal services. All members of the board may serve on both parole release panels and pardons panels as assigned by the chairperson. Each appointment of a member of the board submitted by the Governor to the General Assembly shall be referred, without debate, to the [committee on] joint standing committee of the General Assembly having cognizance of matters relating to the judiciary which shall report thereon not later than thirty legislative days after the date of reference. |
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| 36 | + | (a) There shall be a Board of Pardons and Paroles within the Department of Correction, for administrative purposes only. On [and after July 1, 2008, and prior to July 1, 2010, the board shall consist of eighteen members, and on] and after July 1, 2010, the board shall consist of twenty members, including the chairperson. The Governor shall appoint all members of the board with the advice and consent of both houses of the General Assembly. [On and after July 1, 2008, twelve of the members shall serve exclusively on parole release panels, five of the members shall serve exclusively on pardons panels and the chairperson may serve on both parole release panels and pardons panels, except that on and after July 1, 2010, seven of the members shall serve exclusively on pardons panels.] In the appointment of the members, the Governor shall specify the member being appointed as chairperson. [, the full-time and part-time members being appointed to serve on parole release panels and the members being appointed to serve on pardons panels.] In the appointment of the members, the Governor shall comply with the provisions of section 4-9b. [The Governor shall appoint a chairperson from among the membership.] The members of the board appointed on or after [February 1, 2008] July 1, 2013, shall be qualified by education, experience or training in the administration of community corrections, parole or pardons, criminal justice, criminology, the evaluation or supervision of offenders or the provision of [mental] public health services [to offenders] or legal services. All members of the board may serve on both parole release panels and pardons panels as assigned by the chairperson. Each appointment of a member of the board submitted by the Governor to the General Assembly shall be referred, without debate, to the [committee on] joint standing committee of the General Assembly having cognizance of matters relating to the judiciary which shall report thereon not later than thirty legislative days after the date of reference. |
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| 22 | | - | (c) The chairperson and five of the members of the board [appointed by the Governor on or after February 1, 2008, to serve on parole release panels] shall devote full time to the performance of their duties under this section and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40. The other members of the board shall receive [one hundred ten] two hundred dollars for each day spent in the performance of their duties on and after July 1, 2013, and shall be reimbursed for necessary expenses incurred in the performance of such duties. The chairperson or, in the chairperson's absence or inability to act, a member designated by the chairperson to serve temporarily as chairperson, shall be present at all meetings of the board and participate in all decisions thereof. |
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| 40 | + | (c) (1) The chairperson [and five of the members of the board appointed by the Governor on or after February 1, 2008, to serve on parole release panels] shall devote full time to the performance of [their] his or her duties under this section and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40. |
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| 41 | + | |
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| 42 | + | (2) The members of the board appointed by the Governor prior to July 1, 2013, as full-time members to serve on parole release panels who are serving on July 1, 2013, shall continue to devote full time to the performance of their duties until the expiration of their terms and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40. |
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| 43 | + | |
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| 44 | + | (3) The [other] members of the board who are serving on July 1, 2013, other than the chairperson and the members specified in subdivision (2) of this subsection, and any members of the board appointed or reappointed on or after July 1, 2013, other than the member appointed as chairperson, shall receive [one hundred ten] two hundred dollars for each day spent in the performance of their duties on and after July 1, 2013, and shall be reimbursed for necessary expenses incurred in the performance of such duties. |
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| 45 | + | |
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| 46 | + | (4) The chairperson or, in the chairperson's absence or inability to act, a member designated by the chairperson to serve temporarily as chairperson, shall be present at all meetings of the board and participate in all decisions thereof. |
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| 26 | | - | (e) [Of the members appointed prior to February 1, 2008, the chairperson shall assign seven members exclusively to parole release hearings and shall assign five members exclusively to pardons hearings. Except for the chairperson, no member assigned to parole release hearings may be assigned subsequently to pardons hearings and no member assigned to pardons hearings may be assigned subsequently to parole release hearings. Prior to July 1, 2008, each parole release panel shall be composed of two members from among the members assigned by the chairperson exclusively to parole release hearings or the members appointed by the Governor on or after February 1, 2008, to serve exclusively on parole release panels, and the chairperson or a member designated to serve temporarily as chairperson, for each correctional institution. On and after July 1, 2008, and prior to October 5, 2009, each parole release panel shall be composed of two members appointed by the Governor on or after February 1, 2008, to serve on parole release panels, at least one of whom is a full-time member, and the chairperson or a full-time member designated to serve temporarily as chairperson, for each correctional institution. On and after October 5, 2009, each] Each parole release panel shall be composed of two members [appointed by the Governor to serve on parole release panels] and the chairperson or a full-time member designated to serve temporarily as chairperson. [, for each correctional institution. Such parole release panels shall be the paroling authority for the institutions to which they are assigned and not less than two members shall be present at each parole hearing.] Each pardons panel shall be composed of three members, [from among the members assigned by the chairperson exclusively to pardons hearings or the members appointed by the Governor on or after February 1, 2008, to serve on pardons panels,] one of whom may be the chairperson, except that for hearings on commutations from the penalty of death, one member of the panel shall be the chairperson. |
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| 50 | + | (e) [Of the members appointed prior to February 1, 2008, the chairperson shall assign seven members exclusively to parole release hearings and shall assign five members exclusively to pardons hearings. Except for the chairperson, no member assigned to parole release hearings may be assigned subsequently to pardons hearings and no member assigned to pardons hearings may be assigned subsequently to parole release hearings. Prior to July 1, 2008, each parole release panel shall be composed of two members from among the members assigned by the chairperson exclusively to parole release hearings or the members appointed by the Governor on or after February 1, 2008, to serve exclusively on parole release panels, and the chairperson or a member designated to serve temporarily as chairperson, for each correctional institution. On and after July 1, 2008, and prior to October 5, 2009, each parole release panel shall be composed of two members appointed by the Governor on or after February 1, 2008, to serve on parole release panels, at least one of whom is a full-time member, and the chairperson or a full-time member designated to serve temporarily as chairperson, for each correctional institution. On and after October 5, 2009, each] Each parole release panel shall be composed of two members [appointed by the Governor to serve on parole release panels] and the chairperson or a [full-time] member designated to serve temporarily as chairperson. [, for each correctional institution. Such parole release panels shall be the paroling authority for the institutions to which they are assigned and not less than two members shall be present at each parole hearing.] Each pardons panel shall be composed of three members, [from among the members assigned by the chairperson exclusively to pardons hearings or the members appointed by the Governor on or after February 1, 2008, to serve on pardons panels,] one of whom may be the chairperson, except that for hearings on commutations from the penalty of death, one member of the panel shall be the chairperson. |
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| 28 | | - | (f) The Board of Pardons and Paroles shall have independent decision-making authority to (1) grant or deny parole in accordance with sections 54-125, 54-125a, as amended by this act, and 54-125e, [and 54-125g,] (2) establish conditions of parole or special parole supervision in accordance with section 54-126, (3) rescind or revoke parole or special parole in accordance with sections 54-127 and 54-128, (4) grant commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death in accordance with section 54-130a, as amended by this act. |
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| 52 | + | (f) The Board of Pardons and Paroles shall have independent decision-making authority to (1) grant or deny parole in accordance with sections 54-125, 54-125a, as amended by this act, and 54-125e, [and 54-125g,] (2) establish conditions of parole or special parole supervision in accordance with section 54-126, (3) rescind or revoke parole or special parole in accordance with sections 54-127 and 54-128, (4) grant commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death in accordance with section 54-130a. |
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| 29 | 53 | | |
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| 30 | 54 | | (g) The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the Board of Pardons and Paroles during such person's period of parole or special parole. |
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| 31 | 55 | | |
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| 32 | 56 | | (h) The chairperson, or the chairperson's designee, and two members of the board [from among the members assigned by the chairperson to serve exclusively on parole release panels or the members appointed by the Governor on or after February 1, 2008, to serve on parole release panels,] shall conduct all parole release hearings, and shall approve or deny all parole revocations and parole rescissions recommended by an employee of the board pursuant to section 54-127a, as amended by this act. No panel of the Board of Pardons and Paroles shall hold a hearing to determine the suitability for parole release of any person unless the chairperson of the board has made reasonable efforts to determine the existence of and obtain all information deemed pertinent to the panel's decision and has certified that all such pertinent information determined to exist has been obtained or is unavailable. |
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| 33 | 57 | | |
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| 34 | 58 | | (i) The chairperson of the board shall appoint an executive director. The executive director shall oversee the administration of the agency and, at the discretion of the chairperson, shall: (1) Direct and supervise all administrative affairs of the board, (2) prepare the budget and annual operation plan, (3) assign staff to administrative reviews, (4) organize pardons and parole release hearing calendars, (5) implement a uniform case filing and processing system, and (6) create programs for staff and board member development, training and education. |
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| 35 | 59 | | |
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| 36 | 60 | | (j) The chairperson, in consultation with the executive director, shall adopt regulations, in accordance with chapter 54, concerning: |
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| 37 | 61 | | |
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| 38 | 62 | | (1) Parole revocation and rescission hearings that include implementing due process requirements; |
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| 39 | 63 | | |
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| 40 | 64 | | (2) An administrative pardons process that allows an applicant convicted of a crime to be granted a pardon with respect to such crime without a hearing, unless a victim of such crime requests such a hearing, if such applicant was: |
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| 41 | 65 | | |
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| 42 | 66 | | (A) Convicted of a misdemeanor and (i) such conduct no longer constitutes a crime, (ii) such applicant was under twenty-one years of age at the time of conviction and has not been convicted of a crime during the five years preceding the date on which the pardon is granted, or (iii) such conviction occurred prior to the effective date of the establishment of a program under sections 17a-692 to 17a-701, inclusive, section 46b-38c, 53a-39a, 53a-39c, 54-56e, 54-56g, 54-56i or 54-56j for which the applicant would have been eligible had such program existed at the time of conviction, provided the chairperson determines the applicant would likely have been granted entry into such program; or |
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| 43 | 67 | | |
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| 44 | 68 | | (B) Convicted of a violation of section 21a-277, 21a-278 or 21a-279 and such applicant has not been convicted of a crime during the five years preceding the date on which the pardon is granted, provided such date is at least ten years after the date of such conviction or such applicant's release from incarceration, whichever is later; and |
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| 45 | 69 | | |
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| 46 | 70 | | (3) Requiring board members assigned to pardons hearings to issue written statements containing the reasons for rejecting any application for a pardon. |
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| 47 | 71 | | |
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| 48 | 72 | | (k) The Board of Pardons and Paroles shall hold a pardons hearing at least once every three months and shall hold such hearings in various geographical areas of the state. The board shall not hold a pardons hearing within or on the grounds of a correctional facility except when solely for the benefit of applicants who are incarcerated at the time of such hearing. |
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| 49 | 73 | | |
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| 50 | 74 | | (l) The chairperson and executive director shall establish: |
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| 51 | 75 | | |
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| 52 | 76 | | (1) In consultation with the Department of Correction, a parole orientation program for all parole-eligible inmates upon their transfer to the custody of the Commissioner of Correction that will provide general information on the laws and policies regarding parole release, calculation of time-served standards, general conditions of release, supervision practices, revocation and rescission policies, and procedures for administrative review and panel hearings, and any other information that the board deems relevant for preparing inmates for parole; |
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| 53 | 77 | | |
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| 54 | 78 | | (2) An incremental sanctions system for parole violations including, but not limited to, reincarceration based on the type, severity and frequency of the violation and specific periods of incarceration for certain types of violations; and |
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| 55 | 79 | | |
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| 56 | 80 | | (3) A formal training program for members of the board and parole officers that shall include, but not be limited to, an overview of the criminal justice system, the parole system including factors to be considered in granting parole, victim rights and services, reentry strategies, risk assessment, case management and mental health issues. |
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| 57 | 81 | | |
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| 58 | 82 | | (m) The board shall employ at least one psychologist with expertise in risk assessment and recidivism of criminal offenders who shall be under the supervision of the chairperson and assist the board in its parole release decisions. |
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| 59 | 83 | | |
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| 60 | 84 | | (n) In the event of the temporary inability of any member other than the chairperson to perform his or her duties, the Governor, at the request of the board, may appoint a qualified person to serve as a temporary member during such period of inability. |
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| 61 | 85 | | |
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| 62 | 86 | | (o) The chairperson of the Board of Pardons and Paroles shall: (1) Adopt an annual budget and plan of operation, (2) adopt such rules as deemed necessary for the internal affairs of the board, and (3) submit an annual report to the Governor and General Assembly. |
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| 63 | 87 | | |
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| 70 | | - | Sec. 3. Section 54-127a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 94 | + | Sec. 3. (NEW) (Effective July 1, 2013) (a) A person whose eligibility for parole release is not subject to the provisions of subsection (b) of section 54-125a of the general statutes, may be allowed to go on parole in accordance with section 54-125a of the general statutes, as amended by this act, without a parole hearing being conducted by a panel of the Board of Pardons and Paroles if (1) an employee of the Board of Pardons and Paroles has reviewed the inmate's case and recommended parole be granted to such person, and (2) such recommendation has been approved by at least two members of a panel of the board. A parole hearing shall be conducted by a panel of the Board of Pardons and Paroles if the chairperson of the board deems such a hearing to be necessary or if a victim, as defined in sections 54-201 and 54-226 of the general statutes, requests such a hearing. |
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| 95 | + | |
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| 96 | + | (b) The chairperson of the Board of Pardons and Paroles shall adopt regulations, in accordance with chapter 54 of the general statutes, to establish criteria and procedures for the administrative review and release of inmates without a parole hearing as provided in this section. |
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| 97 | + | |
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| 98 | + | Sec. 4. Section 54-131k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 99 | + | |
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| 100 | + | (a) The Board of Pardons and Paroles may grant a compassionate parole release to any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012, if it finds that such inmate [(1)] is so physically or mentally debilitated, incapacitated or infirm as a result of advanced age or as a result of a condition, disease or syndrome that is not terminal as to be physically incapable of presenting a danger to society. [, and (2) (A) has served not less than one-half of such inmate's definite or aggregate sentence, or (B) has served not less than one-half of such inmate's remaining definite or aggregate sentence after commutation of the original sentence by the Board of Pardons and Paroles.] |
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| 101 | + | |
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| 102 | + | (b) Any person granted a compassionate parole release pursuant to this section shall be released subject to such terms and conditions as may be established by the Board of Pardons and Paroles and shall be supervised by the Department of Correction. |
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| 103 | + | |
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| 104 | + | Sec. 5. Section 54-127a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 86 | | - | Sec. 3 July 1, 2013 54-127a |
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| 87 | | - | Sec. 4 July 1, 2013 54-130a |
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| 88 | | - | Sec. 5 July 1, 2013 Repealer section |
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| 120 | + | Sec. 3 July 1, 2013 New section |
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| 121 | + | Sec. 4 July 1, 2013 54-131k |
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| 122 | + | Sec. 5 July 1, 2013 54-127a |
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| 123 | + | Sec. 6 July 1, 2013 54-130a |
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| 124 | + | Sec. 7 July 1, 2013 Repealer section |
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