Connecticut 2019 Regular Session

Connecticut House Bill HB05526 Latest Draft

Bill / Comm Sub Version Filed 04/25/2019

                             
 
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General Assembly  Committee Bill No.  5526  
January Session, 2019  
LCO No. 3929 
 
 
Referred to Committee on JUDICIARY  
 
 
Introduced by:  
(JUD)  
 
 
 
AN ACT CONCERNING GOOD TIME CREDITS AND THE EARNED 
RISK REDUCTION CREDI T PROGRAM.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 18-7a of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective from passage): 2 
(a) Except as provided in subsections (b) [and (c)] to (d), inclusive, 3 
of this section, any person sentenced to a term of imprisonment, on 4 
and after October 1, 1976, and while still serving such sentence 5 
whether such sentence is for a definite, indefinite or indeterminate 6 
term, and regardless of the institution wherein the prisoner is confined 7 
may, by good conduct and obedience to the rules which have been 8 
established for the service of his sentence, earn a commutation or 9 
diminution of his sentence in the amount of ten days for each month, 10 
and pro rata for a part of a month, of a sentence which is for not more 11 
than five years, and fifteen days for each month, and pro rata for a part 12 
of a month, for the sixth and each subsequent year of a sentence of 13 
more than five years. In the case of an indeterminate sentence, such 14 
credit shall apply to both the minimum and maximum term. In the 15 
case of an indefinite sentence, such credit shall apply to the maximum 16  Committee Bill No. 5526 
 
 
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term only. Any act of misconduct or refusal to obey the rules which 17 
have been established for the service of his sentence shall subject the 18 
prisoner to the loss of all or any portion of such credit by the 19 
commissioner or his designee. 20 
(b) Except as provided in [subsection (c)] subsections (c) and (d) of 21 
this section, any person sentenced to a term of imprisonment for an 22 
offense committed on or after July 1, 1981, may, while held in default 23 
of bond or while serving such sentence, by good conduct and 24 
obedience to the rules which have been established for the service of 25 
his sentence, earn a reduction of his sentence in the amount of ten days 26 
for each month and pro rata for a part of a month of a sentence up to 27 
five years, and twelve days for each month and pro rata for a part of a 28 
month for the sixth and each subsequent year of a sentence which is 29 
more than five years. Misconduct or refusal to obey the rules which 30 
have been established for the service of his sentence shall subject the 31 
prisoner to the loss of all or any portion of such reduction by the 32 
commissioner or his designee. 33 
(c) [Any] Except as provided in subsection (d) of this section, any 34 
person sentenced to a term of imprisonment for an offense committed 35 
on or after July 1, 1983, may, while held in default of bond or while 36 
serving such sentence, by good conduct and obedience to the rules 37 
which have been established for the service of his sentence, earn a 38 
reduction of his sentence as such sentence is served in the amount of 39 
ten days for each month served and pro rata for a part of a month 40 
served of a sentence up to five years, and twelve days for each month 41 
served and pro rata for a part of a month served for the sixth and each 42 
subsequent year of a sentence which is more than five years. 43 
Misconduct or refusal to obey the rules which have been established 44 
for the service of his sentence shall subject the prisoner to the loss of all 45 
or any portion of such reduction by the commissioner or his designee. 46 
In the event a prisoner has not yet earned sufficient good time to 47 
satisfy the good time loss, such lost good time shall be deducted from 48 
any good time earned in the future by such prisoner.  49  Committee Bill No. 5526 
 
 
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(d) On and after the effective date of this section, no person may 50 
earn good time pursuant to this section. Any person who, prior to the 51 
effective date of this section, was eligible to earn good time pursuant to 52 
the provisions of this section, may, on or after the effective date of this 53 
section, earn credits pursuant to the provisions of section 18-98e, as 54 
amended by this act, provided such person is otherwise eligible to earn 55 
such credits. Any good time credits earned prior to the effective date of 56 
this section may be used to reduce a person's sentence in accordance 57 
with subsection (a), (b) or (c) of this section, as applicable, except as 58 
may be lost pursuant to the provisions of this section. Nothing in this 59 
subsection shall invalidate the release or parole release of any person 60 
pursuant to a sentence reduction earned prior to the effective date of 61 
this section. 62 
Sec. 2. Subsection (a) of section 18-98e of the general statutes is 63 
repealed and the following is substituted in lieu thereof (Effective from 64 
passage): 65 
(a) Notwithstanding any provision of the general statutes, any 66 
person sentenced to a term of imprisonment [for a crime committed on 67 
or after October 1, 1994,] and committed to the custody of the 68 
Commissioner of Correction, [on or after said date,] except a person 69 
sentenced for a violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 70 
53a-55, 53a-55a, 53a-70a, 53a-70c or 53a-100aa, or who is a persistent 71 
dangerous felony offender or persistent dangerous sexual offender 72 
pursuant to section 53a-40, may be eligible to earn risk reduction credit 73 
toward a reduction of such person's sentence, in an amount not to 74 
exceed five days per month, at the discretion of the Commissioner of 75 
Correction for conduct as provided in subsection (b) of this section 76 
occurring on or after April 1, 2006.  77 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 18-7a 
Sec. 2 from passage 18-98e(a)  Committee Bill No. 5526 
 
 
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JUD Joint Favorable