Connecticut 2019 Regular Session

Connecticut House Bill HB05526 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Committee Bill No. 5526
8	6		January Session, 2019
9	7		LCO No. 3929
10	8
11	9
12	10		Referred to Committee on JUDICIARY
13	11
14	12
15	13		Introduced by:
16	14		(JUD)
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19	17
20	18		AN ACT CONCERNING GO OD TIME CREDITS AND THE EARNED
21	19		RISK REDUCTION CREDI T PROGRAM.
22	20		Be it enacted by the Senate and House of Representatives in General
23	21		Assembly convened:
24	22
25	23		Section 1. Section 18-7a of the general statutes is repealed and the 1
26	24		following is substituted in lieu thereof (Effective from passage): 2
27	25		(a) Except as provided in subsections (b) [and (c)] to (d), inclusive, 3
28	26		of this section, any person sentenced to a term of imprisonment, on 4
29	27		and after October 1, 1976, and while still serving such sentence 5
30	28		whether such sentence is for a definite, indefinite or indeterminate 6
31	29		term, and regardless of the institution wherein the prisoner is confined 7
32	30		may, by good conduct and obedience to the rules which have been 8
33	31		established for the service of his sentence, earn a commutation or 9
34	32		diminution of his sentence in the amount of ten days for each month, 10
35	33		and pro rata for a part of a month, of a sentence which is for not more 11
36	34		than five years, and fifteen days for each month, and pro rata for a part 12
37	35		of a month, for the sixth and each subsequent year of a sentence of 13
38	36		more than five years. In the case of an indeterminate sentence, such 14
39	37		credit shall apply to both the minimum and maximum term. In the 15
40		-	case of an indefinite sentence, such credit shall apply to the maximum 16 Committee Bill No. 5526
	38	+	case of an indefinite sentence, such credit shall apply to the maximum 16
	39	+	Committee Bill No. 5526
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47	44		term only. Any act of misconduct or refusal to obey the rules which 17
48	45		have been established for the service of his sentence shall subject the 18
49	46		prisoner to the loss of all or any portion of such credit by the 19
50	47		commissioner or his designee. 20
51	48		(b) Except as provided in [subsection (c)] subsections (c) and (d) of 21
52	49		this section, any person sentenced to a term of imprisonment for an 22
53	50		offense committed on or after July 1, 1981, may, while held in default 23
54	51		of bond or while serving such sentence, by good conduct and 24
55	52		obedience to the rules which have been established for the service of 25
56	53		his sentence, earn a reduction of his sentence in the amount of ten days 26
57	54		for each month and pro rata for a part of a month of a sentence up to 27
58	55		five years, and twelve days for each month and pro rata for a part of a 28
59	56		month for the sixth and each subsequent year of a sentence which is 29
60	57		more than five years. Misconduct or refusal to obey the rules which 30
61	58		have been established for the service of his sentence shall subject the 31
62	59		prisoner to the loss of all or any portion of such reduction by the 32
63	60		commissioner or his designee. 33
64	61		(c) [Any] Except as provided in subsection (d) of this section, any 34
65	62		person sentenced to a term of imprisonment for an offense committed 35
66	63		on or after July 1, 1983, may, while held in default of bond or while 36
67	64		serving such sentence, by good conduct and obedience to the rules 37
68	65		which have been established for the service of his sentence, earn a 38
69	66		reduction of his sentence as such sentence is served in the amount of 39
70	67		ten days for each month served and pro rata for a part of a month 40
71	68		served of a sentence up to five years, and twelve days for each month 41
72	69		served and pro rata for a part of a month served for the sixth and each 42
73	70		subsequent year of a sentence which is more than five years. 43
74	71		Misconduct or refusal to obey the rules which have been established 44
75	72		for the service of his sentence shall subject the prisoner to the loss of all 45
76	73		or any portion of such reduction by the commissioner or his designee. 46
77	74		In the event a prisoner has not yet earned sufficient good time to 47
78	75		satisfy the good time loss, such lost good time shall be deducted from 48
79		-	any good time earned in the future by such prisoner. 49 Committee Bill No. 5526
	76	+	any good time earned in the future by such prisoner. 49
	77	+	Committee Bill No. 5526
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86	82		(d) On and after the effective date of this section, no person may 50
87	83		earn good time pursuant to this section. Any person who, prior to the 51
88	84		effective date of this section, was eligible to earn good time pursuant to 52
89	85		the provisions of this section, may, on or after the effective date of this 53
90	86		section, earn credits pursuant to the provisions of section 18-98e, as 54
91	87		amended by this act, provided such person is otherwise eligible to earn 55
92	88		such credits. Any good time credits earned prior to the effective date of 56
93	89		this section may be used to reduce a person's sentence in accordance 57
94	90		with subsection (a), (b) or (c) of this section, as applicable, except as 58
95	91		may be lost pursuant to the provisions of this section. Nothing in this 59
96	92		subsection shall invalidate the release or parole release of any person 60
97	93		pursuant to a sentence reduction earned prior to the effective date of 61
98	94		this section. 62
99	95		Sec. 2. Subsection (a) of section 18-98e of the general statutes is 63
100	96		repealed and the following is substituted in lieu thereof (Effective from 64
101	97		passage): 65
102	98		(a) Notwithstanding any provision of the general statutes, any 66
103	99		person sentenced to a term of imprisonment [for a crime committed on 67
104	100		or after October 1, 1994,] and committed to the custody of the 68
105	101		Commissioner of Correction, [on or after said date,] except a person 69
106	102		sentenced for a violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 70
107	103		53a-55, 53a-55a, 53a-70a, 53a-70c or 53a-100aa, or who is a persistent 71
108	104		dangerous felony offender or persistent dangerous sexual offender 72
109	105		pursuant to section 53a-40, may be eligible to earn risk reduction credit 73
110	106		toward a reduction of such person's sentence, in an amount not to 74
111	107		exceed five days per month, at the discretion of the Commissioner of 75
112	108		Correction for conduct as provided in subsection (b) of this section 76
113	109		occurring on or after April 1, 2006. 77
114	110		This act shall take effect as follows and shall amend the following
115	111		sections:
116	112
117	113		Section 1 from passage 18-7a
118		-	Sec. 2 from passage 18-98e(a) Committee Bill No. 5526
	114	+	Sec. 2 from passage 18-98e(a)
	115	+	Committee Bill No. 5526
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126		-	JUD Joint Favorable
	121	+	Statement of Purpose:
	122	+	To prohibit persons who were sentenced prior to the abolishment of
	123	+	good time credits from continuing to collect such credits and to permit
	124	+	such persons to earn risk reduction credits if otherwise eligible.
127	125
	126	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	127	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	128	+	not underlined.]
	129	+
	130	+	Co-Sponsors: REP. KLARIDES, 114th Dist.; REP. CANDELORA, 86th Dist.
	131	+	REP. O'DEA, 125th Dist.; REP. O'NEILL, 69th Dist.
	132	+	REP. KOKORUDA, 101st Dist.; REP. ZUPKUS, 89th Dist.
	133	+	REP. FISHBEIN, 90th Dist.; REP. FRANCE, 42nd Dist.
	134	+
	135	+	H.B. 5526