| 4 | 4 | | HB.docx |
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| 6 | 6 | | |
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| 7 | 7 | | General Assembly Committee Bill No. 6723 |
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| 8 | 8 | | January Session, 2019 |
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| 9 | 9 | | LCO No. 6611 |
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| 10 | 10 | | |
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| 11 | 11 | | |
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| 12 | 12 | | Referred to Committee on JUDICIARY |
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| 13 | 13 | | |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by: |
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| 16 | 16 | | (JUD) |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | AN ACT CONCERNING REFOR M OF PAROLE RELEASE AND |
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| 21 | 21 | | REVOCATION PRACTICES AND THE MEMBERSHIP O F THE BOARD |
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| 22 | 22 | | OF PARDONS AND PAROL ES. |
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| 23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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| 24 | 24 | | Assembly convened: |
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| 25 | 25 | | |
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| 26 | 26 | | Section 1. Section 54-124a of the general statutes is repealed and the 1 |
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| 27 | 27 | | following is substituted in lieu thereof (Effective October 1, 2019): 2 |
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| 28 | 28 | | (a) (1) There shall be a Board of Pardons and Paroles within the 3 |
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| 29 | 29 | | Department of Correction, for administrative purposes only. On and 4 |
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| 30 | 30 | | after July 1, [2015] 2020, the board shall consist of [ten] twelve full-time 5 |
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| 31 | 31 | | and up to five part-time members appointed by the Governor with the 6 |
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| 32 | 32 | | advice and consent of both houses of the General Assembly. The term 7 |
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| 33 | 33 | | of any part-time member serving on the board on June 30, 2015, shall 8 |
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| 34 | 34 | | expire on said date. On or after July 1, 2015, the Governor may appoint 9 |
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| 35 | 35 | | up to five persons to serve as part-time members. In the appointment 10 |
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| 36 | 36 | | of the members, the Governor shall specify if the member is being 11 |
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| 37 | 37 | | appointed as full-time or part-time. In the appointment of the 12 |
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| 38 | 38 | | members, the Governor shall comply with the provisions of section 4-13 |
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| 39 | 39 | | 9b. The Governor shall appoint a chairperson from among the 14 |
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| 40 | 40 | | membership. The members of the board shall be qualified by 15 Committee Bill No. 6723 |
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| 46 | 46 | | |
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| 47 | 47 | | education, experience or training in the administration of community 16 |
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| 48 | 48 | | corrections, parole or pardons, criminal justice, criminology, the 17 |
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| 49 | 49 | | evaluation or supervision of offenders or the provision of mental 18 |
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| 50 | 50 | | health services to offenders. On and after July 1, 2020, at least one full-19 |
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| 51 | 51 | | time member of the board shall be a person who was formerly 20 |
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| 52 | 52 | | incarcerated and who previously had a hearing before a panel of the 21 |
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| 53 | 53 | | board and at least one full-time member of the board shall be a victim 22 |
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| 54 | 54 | | of a crime. Each appointment of a member of the board submitted by 23 |
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| 55 | 55 | | the Governor to the General Assembly, except as provided in 24 |
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| 56 | 56 | | subdivision (2) of this subsection, shall be referred, without debate, to 25 |
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| 57 | 57 | | the joint standing committee of the General Assembly having 26 |
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| 58 | 58 | | cognizance of matters relating to the judiciary which shall report on 27 |
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| 59 | 59 | | each appointment not later than thirty legislative days after the date of 28 |
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| 60 | 60 | | reference. 29 |
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| 61 | 61 | | (2) If, not later than September 1, 2015, the Governor appoints a 30 |
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| 62 | 62 | | part-time member and such member was previously a member whose 31 |
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| 63 | 63 | | term expired June 30, 2015, such appointment shall take effect 32 |
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| 64 | 64 | | immediately without confirmation by the General Assembly. 33 |
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| 65 | 65 | | (b) The term of each member of the board shall be coterminous with 34 |
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| 66 | 66 | | the term of the Governor or until a successor is chosen, whichever is 35 |
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| 67 | 67 | | later. Any vacancy in the membership of the board shall be filled for 36 |
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| 68 | 68 | | the unexpired portion of the term by the Governor. 37 |
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| 69 | 69 | | (c) Ten of the members, and on and after July 1, 2020, twelve of the 38 |
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| 70 | 70 | | members of the board shall devote full time to the performance of their 39 |
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| 71 | 71 | | duties under this section and shall be compensated therefor in such 40 |
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| 72 | 72 | | amount as the Commissioner of Administrative Services determines, 41 |
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| 73 | 73 | | subject to the provisions of section 4-40. The other members of the 42 |
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| 74 | 74 | | board shall receive one hundred ten dollars for each day spent in the 43 |
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| 75 | 75 | | performance of their duties and shall be reimbursed for necessary 44 |
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| 76 | 76 | | expenses incurred in the performance of such duties. The chairperson 45 |
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| 77 | 77 | | or, in the chairperson's absence or inability to act, a member 46 |
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| 78 | 78 | | designated by the chairperson to serve temporarily as chairperson, 47 |
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| 79 | 79 | | shall be present at all meetings of the board and participate in all 48 Committee Bill No. 6723 |
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| 81 | 81 | | |
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| 85 | 85 | | |
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| 86 | 86 | | decisions. 49 |
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| 87 | 87 | | (d) The chairperson shall be the executive and administrative head 50 |
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| 88 | 88 | | of said board and shall have the authority and responsibility for (1) 51 |
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| 89 | 89 | | overseeing all administrative affairs of the board, (2) assigning 52 |
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| 90 | 90 | | members to panels, (3) establishing procedural rules for members to 53 |
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| 91 | 91 | | follow when conducting hearings, reviewing recommendations made 54 |
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| 92 | 92 | | by employees of the board and making decisions, (4) adopting policies 55 |
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| 93 | 93 | | in all areas of pardons and paroles including, but not limited to, 56 |
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| 94 | 94 | | granting pardons, commutations of punishments or releases, 57 |
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| 95 | 95 | | conditioned or absolute, in the case of any person convicted of any 58 |
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| 96 | 96 | | offense against the state and commutations from the penalty of death, 59 |
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| 97 | 97 | | risk-based structured decision making and release criteria, (5) 60 |
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| 98 | 98 | | consulting with the Department of Correction on shared issues 61 |
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| 99 | 99 | | including, but not limited to, prison overcrowding, (6) consulting with 62 |
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| 100 | 100 | | the Judicial Branch on shared issues of community supervision, and (7) 63 |
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| 101 | 101 | | signing and issuing subpoenas to compel the attendance and 64 |
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| 102 | 102 | | testimony of witnesses at parole proceedings. Any such subpoena shall 65 |
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| 103 | 103 | | be enforceable to the same extent as subpoenas issued pursuant to 66 |
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| 104 | 104 | | section 52-143. 67 |
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| 105 | 105 | | (e) Each parole release panel shall be composed of two members 68 |
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| 106 | 106 | | and the chairperson or a full-time member designated by the 69 |
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| 107 | 107 | | chairperson to serve temporarily as chairperson. On and after January 70 |
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| 108 | 108 | | 1, 2016, not less than three members shall be present at each parole 71 |
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| 109 | 109 | | hearing. Each pardons panel shall be composed of three members, one 72 |
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| 110 | 110 | | of whom may be the chairperson, except that for hearings on 73 |
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| 111 | 111 | | commutations from the penalty of death, one member of the panel 74 |
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| 112 | 112 | | shall be the chairperson. 75 |
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| 113 | 113 | | (f) The Board of Pardons and Paroles shall have independent 76 |
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| 114 | 114 | | decision-making authority to (1) grant or deny parole in accordance 77 |
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| 115 | 115 | | with sections 54-125, 54-125a, 54-125e and 54-125g, (2) establish 78 |
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| 116 | 116 | | conditions of parole or special parole supervision in accordance with 79 |
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| 117 | 117 | | section 54-126, (3) rescind or revoke parole or special parole in 80 |
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| 118 | 118 | | accordance with sections 54-127 and 54-128, (4) grant commutations of 81 Committee Bill No. 6723 |
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| 119 | 119 | | |
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| 124 | 124 | | |
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| 125 | 125 | | punishment or releases, conditioned or absolute, in the case of any 82 |
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| 126 | 126 | | person convicted of any offense against the state and commutations 83 |
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| 127 | 127 | | from the penalty of death in accordance with section 54-130a. 84 |
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| 128 | 128 | | (g) The Department of Correction shall be responsible for the 85 |
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| 129 | 129 | | supervision of any person transferred to the jurisdiction of the Board 86 |
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| 130 | 130 | | of Pardons and Paroles during such person's period of parole or 87 |
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| 131 | 131 | | special parole. 88 |
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| 132 | 132 | | (h) The chairperson, or the chairperson's designee, and two 89 |
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| 133 | 133 | | members of the board shall conduct all parole release hearings, and 90 |
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| 134 | 134 | | shall approve or deny all (1) parole revocations and parole rescissions 91 |
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| 135 | 135 | | recommended by an employee of the board pursuant to section 54-92 |
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| 136 | 136 | | 127a, and (2) recommendations for parole pursuant to section 54-125i. 93 |
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| 137 | 137 | | No panel of the Board of Pardons and Paroles shall hold a hearing to 94 |
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| 138 | 138 | | determine the suitability for parole release of any person unless the 95 |
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| 139 | 139 | | chairperson of the board has made reasonable efforts to determine the 96 |
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| 140 | 140 | | existence of and obtain all information deemed pertinent to the panel's 97 |
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| 141 | 141 | | decision and has certified that all such pertinent information 98 |
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| 142 | 142 | | determined to exist has been obtained or is unavailable. 99 |
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| 143 | 143 | | (i) The chairperson of the board shall appoint an executive director. 100 |
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| 144 | 144 | | The executive director shall oversee the administration of the agency 101 |
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| 145 | 145 | | and, at the discretion of the chairperson, shall: (1) Direct and supervise 102 |
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| 146 | 146 | | all administrative affairs of the board, (2) prepare the budget and 103 |
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| 147 | 147 | | annual operation plan, (3) assign staff to administrative reviews, (4) 104 |
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| 148 | 148 | | organize pardons and parole release hearing calendars, (5) implement 105 |
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| 149 | 149 | | a uniform case filing and processing system, and (6) create programs 106 |
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| 150 | 150 | | for staff and board member development, training and education. 107 |
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| 151 | 151 | | (j) The chairperson, in consultation with the executive director, shall 108 |
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| 152 | 152 | | adopt regulations, in accordance with chapter 54, concerning: 109 |
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| 153 | 153 | | (1) Parole revocation and rescission hearings that include 110 |
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| 154 | 154 | | implementing due process requirements; 111 |
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| 155 | 155 | | (2) An expedited pardons review that allows an applicant convicted 112 Committee Bill No. 6723 |
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| 161 | 161 | | |
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| 162 | 162 | | of a crime to be granted a pardon with respect to such crime without a 113 |
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| 163 | 163 | | hearing, unless a victim of such crime requests such a hearing, if such 114 |
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| 164 | 164 | | applicant was convicted of a nonviolent crime; 115 |
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| 165 | 165 | | (3) Requiring board members to issue written statements containing 116 |
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| 166 | 166 | | the reasons for rejecting any application for a pardon. 117 |
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| 167 | 167 | | (k) The Board of Pardons and Paroles shall hold a pardons hearing 118 |
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| 168 | 168 | | at least once every three months and shall hold such hearings in 119 |
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| 169 | 169 | | various geographical areas of the state. The board shall not hold a 120 |
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| 170 | 170 | | pardons hearing within or on the grounds of a correctional facility 121 |
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| 171 | 171 | | except when solely for the benefit of applicants who are incarcerated at 122 |
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| 172 | 172 | | the time of such hearing. 123 |
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| 173 | 173 | | (l) The chairperson and executive director shall establish: 124 |
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| 174 | 174 | | (1) In consultation with the Department of Correction, a parole 125 |
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| 175 | 175 | | orientation program for all parole-eligible inmates upon their transfer 126 |
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| 176 | 176 | | to the custody of the Commissioner of Correction that will provide 127 |
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| 177 | 177 | | general information on the laws and policies regarding parole release, 128 |
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| 178 | 178 | | calculation of time-served standards, general conditions of release, 129 |
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| 179 | 179 | | supervision practices, revocation and rescission policies, and 130 |
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| 180 | 180 | | procedures for administrative review and panel hearings, and any 131 |
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| 181 | 181 | | other information that the board deems relevant for preparing inmates 132 |
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| 182 | 182 | | for parole; 133 |
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| 183 | 183 | | (2) An incremental sanctions system for parole violations including, 134 |
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| 184 | 184 | | but not limited to, reincarceration based on the type, severity and 135 |
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| 185 | 185 | | frequency of the violation and specific periods of incarceration for 136 |
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| 186 | 186 | | certain types of violations; and 137 |
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| 187 | 187 | | (3) A formal training program for members of the board and parole 138 |
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| 188 | 188 | | officers that shall include, but not be limited to, an overview of the 139 |
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| 189 | 189 | | criminal justice system, the parole system including factors to be 140 |
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| 190 | 190 | | considered in granting parole, victim rights and services, reentry 141 |
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| 191 | 191 | | strategies, risk assessment, case management and mental health issues. 142 |
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| 192 | 192 | | Each member shall complete such training annually. 143 Committee Bill No. 6723 |
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| 199 | 199 | | (m) The board shall employ at least one psychologist with expertise 144 |
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| 200 | 200 | | in risk assessment and recidivism of criminal offenders who shall be 145 |
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| 201 | 201 | | under the supervision of the chairperson and assist the board in its 146 |
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| 202 | 202 | | parole release decisions. 147 |
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| 203 | 203 | | (n) In the event of the temporary inability of any member other than 148 |
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| 204 | 204 | | the chairperson to perform his or her duties, the Governor, at the 149 |
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| 205 | 205 | | request of the board, may appoint a qualified person to serve as a 150 |
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| 206 | 206 | | temporary member during such period of inability. 151 |
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| 207 | 207 | | (o) The chairperson of the Board of Pardons and Paroles shall: (1) 152 |
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| 208 | 208 | | Adopt an annual budget and plan of operation, (2) adopt such rules as 153 |
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| 209 | 209 | | deemed necessary for the internal affairs of the board, and (3) submit 154 |
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| 210 | 210 | | an annual report to the Governor and General Assembly. 155 |
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| 211 | 211 | | (p) Any decision of the board or a panel of the board shall be made 156 |
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| 212 | 212 | | by a majority of those members present. 157 |
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| 213 | 213 | | (q) The chairperson of the Board of Pardons and Paroles shall 158 |
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| 214 | 214 | | quarterly publish on the Internet web site operated by the board 159 |
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| 215 | 215 | | statistics derived from decisions made pursuant to subsection (f) of 160 |
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| 216 | 216 | | this section during the previous quarter. Such statistics shall be 161 |
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| 217 | 217 | | disaggregated based on the following: (1) Race and gender; (2) length 162 |
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| 218 | 218 | | of sanctions for criminal versus technical violations; and (3) parole 163 |
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| 219 | 219 | | denial, or parole or special parole rescission or revocation outcomes. 164 |
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| 220 | 220 | | (r) The board shall (1) track, analyze and publish data on the costs 165 |
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| 221 | 221 | | associated with the rescission or revocation of a person's parole or 166 |
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| 222 | 222 | | special parole, including jobs and housing lost by persons who have 167 |
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| 223 | 223 | | their parole or special parole rescinded or revoked, (2) implement 168 |
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| 224 | 224 | | evidence-informed strategies to reduce incarceration for persons who 169 |
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| 225 | 225 | | have their parole or special parole rescinded or revoked, and (3) limit 170 |
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| 226 | 226 | | rescission or revocation of a person's parole or special parole due to 171 |
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| 227 | 227 | | violations attributed to such person's alcohol or drug-dependency or 172 |
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| 228 | 228 | | mental health condition. 173 Committee Bill No. 6723 |
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