CT
Connecticut House Bill HB07027

Connecticut 2015 Regular Session

Connecticut House Bill HB07027 Compare Versions

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1-Substitute House Bill No. 7027
1+General Assembly Substitute Bill No. 7027
2+January Session, 2015 *_____HB07027JUD___040715____*
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3-Public Act No. 15-216
4+General Assembly
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5-AN ACT CONCERNING RISK REDUCTION CREDITS, CARRY PERMITS AND PAROLE OFFICER ACCESS TO STATE FIREARMS DATABASE.
6+Substitute Bill No. 7027
7+
8+January Session, 2015
9+
10+*_____HB07027JUD___040715____*
11+
12+AN ACT CONCERNING REVISIONS TO CERTAIN CRIMINAL STATUTES.
613
714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
815
9-Section 1. (NEW) (Effective October 1, 2015) Not later than January 1, 2016, and quarterly thereafter, the Commissioner of Correction, after consultation with the Criminal Justice Policy and Planning Division within the Office of Policy and Management, shall, in accordance with the provisions of section 11-4a of the general statutes, report to the General Assembly details about earned risk reduction credits awarded to reduce an inmate's sentence pursuant to section 18-98e of the general statutes, as amended by this act. Such report shall include: (1) The number of inmates released overall and the number of inmates released early as a result of the award of such credit; (2) the crimes for which such released inmates were convicted; (3) the amount of risk reduction credit earned by inmates released early pursuant to such credit; and (4) any recidivism data regarding inmates who were released early pursuant to such credit, including any data such as rate of reentry into the correctional system, elapsed time between release and such reentry, and the crimes for which such inmates were convicted that resulted in such reentry. Not later than thirty days after submission of the report to the General Assembly, said commissioner shall post the report on the Department of Correction's Internet web site.
16+Section 1. Section 53a-115 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
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11-Sec. 2. Subsection (b) of section 29-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
18+(a) A person is guilty of criminal mischief in the first degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding [one thousand five hundred] two thousand dollars, or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a utility or mode of public transportation, power or communication, and thereby causes an interruption or impairment of service rendered to the public, or (3) with intent to cause damage to any electronic monitoring equipment owned or leased by the state or its agent and required as a condition of probation or conditional discharge pursuant to section 53a-30, as a condition of release pursuant to section 54-64a or as a condition of community release pursuant to section 18-100c, and having no reasonable ground to believe that such person has a right to do so, such person damages such electronic monitoring equipment and thereby causes an interruption in its ability to function, or (4) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with (A) any tangible property owned by the state, a municipality or a person for fire alarm or police alarm purposes, (B) any telecommunication system operated by the state police or a municipal police department, (C) any emergency medical or fire service dispatching system, (D) any fire suppression equipment owned by the state, a municipality, a person or a fire district, or (E) any fire hydrant or hydrant system owned by the state or a municipality, a person, a fire district or a private water company, or (5) with intent to cause damage to tangible property owned by the state or a municipality that is located on public land and having no reasonable ground to believe that such person has a right to do so, such person damages such tangible property in an amount exceeding [one thousand five hundred] two thousand dollars.
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13-(b) The holder of a permit issued pursuant to section 29-28, as amended by this act, shall carry such permit upon one's person while carrying such pistol or revolver. Such holder shall present his or her permit upon the request of a law enforcement officer who has reasonable suspicion of a crime for purposes of verification of the validity of the permit or identification of the holder, provided such holder is carrying a pistol or revolver that is observed by such law enforcement officer.
20+(b) Criminal mischief in the first degree is a class D felony.
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15-Sec. 3. Subsection (d) of section 29-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
22+Sec. 2. Section 53a-116 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
1623
17-(d) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a permit to sell at retail pistols and revolvers pursuant to subsection (a) of this section or a state or a temporary state permit to carry a pistol or revolver pursuant to subsection (b) of this section, or a local permit to carry pistols and revolvers issued by local authorities prior to October 1, 2001, shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, (2) the issuing authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33, 29-37a or 29-38m for verification that such state or temporary state permit is still valid and has not been suspended or revoked, and the local authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33, 29-37a or 29-38m for verification that a local permit is still valid and has not been suspended or revoked, and (3) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
24+(a) A person is guilty of criminal mischief in the second degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding [two hundred fifty] one thousand dollars; or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a public utility or mode of public transportation, power or communication, and thereby causes a risk of interruption or impairment of service rendered to the public; or (3) with intent to cause damage to tangible property owned by the state or a municipality that is located on public land and having no reasonable ground to believe that such person has a right to do so, such person damages such tangible property in an amount exceeding [two hundred fifty] one thousand dollars.
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19-Sec. 4. Subsection (e) of section 29-36g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
26+(b) Criminal mischief in the second degree is a class A misdemeanor.
2027
21-(e) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued an eligibility certificate for a pistol or revolver under the provisions of section 29-36f shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, (2) the Commissioner of Emergency Services and Public Protection may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33, 29-37a or 29-38m for verification that such certificate is still valid and has not been suspended or revoked, and (3) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
28+Sec. 3. Subdivision (9) of section 53a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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23-Sec. 5. Subdivision (5) of subsection (a) of section 53-202d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
30+(9) "Peace officer" means a member of the Division of State Police within the Department of Emergency Services and Public Protection or an organized local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal while exercising authority granted under any provision of the general statutes, a judicial marshal in the performance of the duties of a judicial marshal, a conservation officer or special conservation officer, as defined in section 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a or 29-19, an adult probation officer, an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility, any investigator in the investigations unit of the office of the State Treasurer, a United States marshal or deputy marshal, any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code, or a member of a law enforcement unit of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut created and governed by a memorandum of agreement under section 47-65c who is certified as a police officer by the Police Officer Standards and Training Council pursuant to sections 7-294a to 7-294e, inclusive;
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25-(5) The department shall adopt regulations, in accordance with the provisions of chapter 54, to establish procedures with respect to the application for and issuance of certificates of possession pursuant to this section. Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a certificate of possession shall be confidential and shall not be disclosed, except such records may be disclosed to (A) law enforcement agencies and employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, and (B) the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
32+Sec. 4. (NEW) (Effective October 1, 2015) Not later than January 1, 2016, and quarterly thereafter, the Commissioner of Correction, after consultation with the Criminal Justice Policy and Planning Division within the Office of Policy and Management, shall, in accordance with the provisions of section 11-4a of the general statutes, report to the General Assembly details about earned risk reduction credits awarded to reduce an inmate's sentence pursuant to section 18-98e of the general statutes. Such report shall include: (1) The number of inmates released overall and the number of inmates released early as a result of the award of such credit; (2) the crimes for which such released inmates were convicted; (3) the amount of risk reduction credit earned by inmates released early pursuant to such credit; and (4) any recidivism data regarding inmates who were released early pursuant to such credit, including any data such as rate of reentry into the correctional system, elapsed time between release and such reentry, and the crimes for which such inmates were convicted that resulted in such reentry. Not later than thirty days after submission of the report to the General Assembly, said commissioner shall post the report on the Department of Correction's Internet web site.
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27-Sec. 6. Subsection (e) of section 29-38n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
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29-(e) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued an ammunition certificate under this section shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, (2) the Commissioner of Emergency Services and Public Protection may disclose such information to the extent necessary to comply with a request made pursuant to section 29-38m for verification that such certificate is still valid and has not been suspended or revoked, and (3) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
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31-Sec. 7. Subsection (d) of section 29-37q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
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33-(d) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a long gun eligibility certificate under the provisions of section 29-37p shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, (2) the Commissioner of Emergency Services and Public Protection may disclose such information to the extent necessary to comply with a request made pursuant to section 29-37a or 29-38m for verification that such certificate is still valid and has not been suspended or revoked, and (3) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
37+This act shall take effect as follows and shall amend the following sections:
38+Section 1 October 1, 2015 53a-115
39+Sec. 2 October 1, 2015 53a-116
40+Sec. 3 from passage 53a-3(9)
41+Sec. 4 October 1, 2015 New section
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35-Sec. 8. Subsection (c) of section 53-202x of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
43+This act shall take effect as follows and shall amend the following sections:
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37-(c) The department may adopt regulations, in accordance with the provisions of chapter 54, to establish procedures with respect to applications under this section. Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person who has declared possession of a large capacity magazine shall be confidential and shall not be disclosed, except such records may be disclosed to (1) law enforcement agencies and employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, and (2) the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
45+Section 1
3846
39-Sec. 9. Section 18-98e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
47+October 1, 2015
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41-(a) Notwithstanding any provision of the general statutes, any person sentenced to a term of imprisonment for a crime committed on or after October 1, 1994, and committed to the custody of the Commissioner of Correction on or after said date, except a person sentenced for a violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 53a-70c or 53a-100aa, or is a persistent dangerous felony offender or persistent dangerous sexual offender pursuant to section 53a-40, may be eligible to earn risk reduction credit toward a reduction of such person's sentence, in an amount not to exceed five days per month, at the discretion of the Commissioner of Correction for conduct as provided in subsection (b) of this section occurring on or after April 1, 2006.
49+53a-115
4250
43-(b) An inmate may earn risk reduction credit for adherence to the inmate's offender accountability plan, for participation in eligible programs and activities, and for good conduct and obedience to institutional rules as designated by the commissioner, provided (1) good conduct and obedience to institutional rules alone shall not entitle an inmate to such credit, and (2) the commissioner or the commissioner's designee may, in his or her discretion, cause the loss of all or any portion of such earned risk reduction credit for any act of misconduct or insubordination or refusal to conform to recommended programs or activities or institutional rules occurring at any time during the service of the sentence or for other good cause. If an inmate has not earned sufficient risk reduction credit at the time the commissioner or the commissioner's designee orders the loss of all or a portion of earned credit, such loss shall be deducted from any credit earned by such inmate in the future.
51+Sec. 2
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45-(c) The award of risk reduction credit earned for conduct occurring prior to July 1, 2011, shall be phased in consistent with public safety, risk reduction, administrative purposes and sound correctional practice, at the discretion of the commissioner, but shall be completed not later than July 1, 2012.
53+October 1, 2015
4654
47-(d) Any credit earned under this section may only be earned during the period of time that the inmate is sentenced to a term of imprisonment and committed to the custody of the commissioner and may not be transferred or applied to a subsequent term of imprisonment. In no event shall any credit earned under this section be applied by the commissioner so as to reduce a mandatory minimum term of imprisonment such inmate is required to serve by statute.
55+53a-116
4856
49-(e) Prior to release of any inmate whose sentence is being reduced due to risk reduction credits earned pursuant to this section, the warden of the correctional facility from which such inmate is to be released shall review such inmate's records and verify that the inmate earned the risk reduction credits being applied to reduce such inmate's sentence.
57+Sec. 3
5058
51-[(e)] (f) The commissioner shall adopt policies and procedures to determine the amount of credit an inmate may earn toward a reduction in his or her sentence and to phase in the awarding of retroactive credit authorized by subsection (c) of this section.
59+from passage
60+
61+53a-3(9)
62+
63+Sec. 4
64+
65+October 1, 2015
66+
67+New section
68+
69+
70+
71+JUD Joint Favorable Subst.
72+
73+JUD
74+
75+Joint Favorable Subst.