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General Assembly Substitute Bill No. 6463
January Session, 2021
AN ACT CONCERNING TH E DEPARTMENT OF CORR ECTION, A
REENTRY EMPLOYMENT A DVISORY COMMITTEE, P UBLIC SAFETY
COMMITTEES IN MUNICIPALITIES WHERE A CORRECTIONAL
FACILITY IS LOCATED, THE DISCLOSURE OF R ECORDS, THE
PROTECTION OF PERSON AL DATA RELATING TO AN EMPLOYEE
OF THE DEPARTMENT OF CORRECTION AND THE PROVISION OF
DEBIT CARDS TO INCARCERATED PERSONS AT T HE TIME OF
RELEASE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 18-82 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
The Commissioner of Correction shall appoint and may remove the 3
following administrators, all of whom shall serve at the pleasure of the 4
commissioner and shall be exempt from the classified service: All 5
correctional wardens, including any warden with oversight of a district, 6
a correctional institution, parole and community services, population 7
management, programs and treatment, security and academy training 8
or staff development. Such wardens shall possess skill and experience 9
in correctional administration. The commissioner may designate a 10
deputy warden to serve as director of reentry services. 11
Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a reentry 12
employment advisory committee that shall advise the Commissioner of 13 Substitute Bill No. 6463
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Correction on alignment of education and job training programs offered 14
by the Department of Correction with the needs of employers in the 15
community, including, but not limited to (1) the vocational education 16
curricula used by Unified School District #1, established under section 17
18-99a of the general statutes, (2) the types of licenses and certifications 18
that employers are looking for in job applicants, (3) the availability of 19
apprenticeships for incarcerated and formerly incarcerated individuals 20
in the community, and (4) the types of products and services that should 21
be offered by institution industries established and maintained 22
pursuant to section 18-88 of the general statutes. 23
(b) (1) The reentry employment advisory committee shall consist of: 24
(A) The Commissioner of Correction, or the commissioner's designee; 25
(B) The superintendent of Unified School District #1; 26
(C) The superintendent of institution industries within the 27
Department of Correction; and 28
(D) One representative appointed by the Commissioner of Correction 29
from each of the following: 30
(i) An association representing businesses and industries in this state; 31
(ii) An association representing construction industries in this state; 32
(iii) The state affiliate of a national organization representing human 33
resource professionals; 34
(iv) A state council of building and construction trades; 35
(v) The workforce council established pursuant to Executive Order 36
Number 4 of Governor Ned Lamont; and 37
(vi) A regional workforce development board established pursuant 38
to section 31-3k of the general statutes. 39 Substitute Bill No. 6463
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(2) In addition to the membership provided for under subdivision (1) 40
of this subsection, the Commissioner of Correction may appoint up to 41
three additional members who shall be representatives of business or 42
business associations. 43
(c) The Commissioner of Correction shall appoint a chairperson from 44
amongst the membership of the reentry employment advisory 45
committee. The committee shall meet not fewer than two times per year, 46
and at such other times as the committee deems necessary. 47
Sec. 3. Section 18-81h of the general statutes is repealed and the 48
following is substituted in lieu thereof (Effective October 1, 2021): 49
(a) [The Department of Correction shall establish a public safety 50
committee in each] Each municipality in which a correctional facility is 51
located may establish a public safety committee. Each committee 52
established under this subsection shall be composed of the warden [or 53
superintendent] of the correctional facility that is located in the 54
municipality, or the warden's designee, and representatives appointed 55
by the chief elected official of the municipality. Each committee shall 56
meet not less than [quarterly] annually and at such other times as the 57
committee deems necessary to review correctional safety and security 58
issues and reentry efforts for offenders which affect the host 59
municipality. If a public safety committee is established in accordance 60
with the provisions of this subsection, the warden of the correctional 61
facility located in the municipality shall attend at least one meeting of 62
such committee on an annual basis. 63
(b) On or before November 1, 1995, and annually thereafter, each 64
public safety committee established under subsection (a) of this section 65
shall submit a report, in accordance with the provisions of section 11-4a, 66
to the chairpersons and ranking members of the joint standing 67
[committee] committees of the General Assembly having cognizance of 68
matters relating to public safety and the judiciary which outlines issues 69
of concern in each municipality in which a correctional facility is located 70
and makes recommendations to mitigate such concerns. 71 Substitute Bill No. 6463
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Sec. 4. Section 4-190 of the general statutes is repealed and the 72
following is substituted in lieu thereof (Effective October 1, 2021): 73
As used in this chapter: 74
(1) "Agency" means each state or municipal board, commission, 75
department or officer, other than the legislature, courts, Governor, 76
Lieutenant Governor, Attorney General or town or regional boards of 77
education, which maintains a personal data system. 78
(2) "Attorney" means an attorney at law empowered by a person to 79
assert the confidentiality of or right of access to personal data under this 80
chapter. 81
(3) "Authorized representative" means a parent, or a guardian or 82
conservator, other than an attorney, appointed to act on behalf of a 83
person and empowered by such person to assert the confidentiality of 84
or right of access to personal data under this chapter. 85
(4) "Automated personal data system" means a personal data system 86
in which data is stored, in whole or part, in a computer or in computer 87
accessible files. 88
(5) "Computer accessible files" means any personal data which is 89
stored on-line or off-line, which can be identified by use of electronic 90
means, including but not limited to microfilm and microfilm devices, 91
which includes but is not limited to magnetic tape, magnetic film, 92
magnetic disks, magnetic drums, internal memory utilized by any 93
processing device, including computers or telecommunications control 94
units, punched cards, optically scanable paper or film. 95
(6) "Maintain" means collect, maintain, use or disseminate. 96
(7) "Manual personal data system" means a personal data system 97
other than an automated personal data system. 98
(8) "Person" means an individual of any age concerning whom 99 Substitute Bill No. 6463
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personal data is maintained in a personal data system, or a person's 100
attorney or authorized representative. 101
(9) "Personal data" means any information about a person's 102
education, finances, medical or emotional condition or history, 103
employment or business history, family or personal relationships, 104
reputation or character which because of name, identifying number, 105
mark or description can be readily associated with a particular person. 106
"Personal data" shall not be construed to make available to a person any 107
record described in subdivision (3) or (18) of subsection (b) of section 1-108
210. 109
(10) "Personal data system" means a collection of records containing 110
personal data. 111
(11) "Record" means any collection of personal data, defined in 112
subdivision (9), which is collected, maintained or disseminated. 113
Sec. 5. Subsection (g) of section 17a-28 of the general statutes is 114
repealed and the following is substituted in lieu thereof (Effective October 115
1, 2021): 116
(g) The department shall disclose records, subject to subsections (b) 117
and (c) of this section, without the consent of the person who is the 118
subject of the record, to: 119
(1) The person named in the record or such person's authorized 120
representative, provided such disclosure shall be limited to information 121
(A) contained in the record about such person or about such person's 122
biological or adoptive minor child, if such person's parental rights to 123
such child have not been terminated; and (B) identifying an individual 124
who reported abuse or neglect of the person, including any tape 125
recording of an oral report pursuant to section 17a-103, if a court 126
determines that there is reasonable cause to believe the reporter 127
knowingly made a false report or that the interests of justice require 128
disclosure; 129 Substitute Bill No. 6463
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(2) An employee of the department for any purpose reasonably 130
related to the performance of such employee's duties; 131
(3) A guardian ad litem or attorney appointed to represent a child or 132
youth in litigation affecting the best interests of the child or youth; 133
(4) An attorney representing a parent, guardian or child in a petition 134
filed in the Superior Court pursuant to section 17a-112 or 46b-129, 135
provided (A) if such records do not pertain to such attorney's client or 136
such client's child, such records shall not be further disclosed to another 137
individual or entity by such attorney except pursuant to the order of a 138
court of competent jurisdiction, (B) if such records are confidential 139
pursuant to federal law, such records shall not be disclosed to such 140
attorney or such attorney's client unless such attorney or such attorney's 141
client is otherwise entitled to such records, and (C) nothing in this 142
subdivision shall limit the disclosure of records under subdivision (3) of 143
this subsection; 144
(5) The Attorney General, any assistant attorney general or any other 145
legal counsel retained to represent the department during the course of 146
a legal proceeding involving the department or an employee of the 147
department; 148
(6) The Child Advocate or the Child Advocate's designee; 149
(7) The Chief Public Defender or the Chief Public Defender's designee 150
for purposes of ensuring competent representation by the attorneys 151
with whom the Chief Public Defender contracts to provide legal and 152
guardian ad litem services to the subjects of such records and for 153
ensuring accurate payments for services rendered by such attorneys; 154
(8) The Chief State's Attorney or the Chief State's Attorney's designee 155
for purposes of investigating or prosecuting (A) an allegation related to 156
child abuse or neglect, (B) an allegation that an individual made a false 157
report of suspected child abuse or neglect, (C) an allegation that a 158
mandated reporter failed to report suspected child abuse or neglect in 159
accordance with section 17a-101a, provided such prosecuting authority 160 Substitute Bill No. 6463
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shall have access to records of a child charged with the commission of a 161
delinquent act, who is not being charged with an offense related to child 162
abuse, only while the case is being prosecuted and after obtaining a 163
release, or (D) an allegation of fraud in the receipt of public or private 164
benefits, provided no information identifying the subject of the record 165
is disclosed unless such information is essential to such investigation or 166
prosecution; 167
(9) A state or federal law enforcement officer, including a military law 168
enforcement authority under the United States Department of Defense, 169
for purposes of investigating (A) an allegation related to child abuse or 170
neglect, (B) an allegation that an individual made a false report of 171
suspected child abuse or neglect, or (C) an allegation that a mandated 172
reporter failed to report suspected child abuse or neglect in accordance 173
with section 17a-101a; 174
(10) A foster or prospective adoptive parent, if the records pertain to 175
a child or youth currently placed with the foster or prospective adoptive 176
parent, or a child or youth being considered for placement with the 177
foster or prospective adoptive parent, and the records are necessary to 178
address the social, medical, psychological or educational needs of the 179
child or youth, provided no information identifying a biological parent 180
is disclosed without the permission of such biological parent; 181
(11) The Governor, when requested in writing in the course of the 182
Governor's official functions, the joint standing committee of the 183
General Assembly having cognizance of matters relating to human 184
services, the joint standing committee of the General Assembly having 185
cognizance of matters relating to the judiciary or the joint standing 186
committee of the General Assembly having cognizance of matters 187
relating to children, when requested in writing by any of such 188
committees in the course of such committee's official functions, and 189
upon a majority vote of such committee, provided no name or other 190
identifying information is disclosed unless such information is essential 191
to the gubernatorial or legislative purpose; 192 Substitute Bill No. 6463
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(12) The Office of Early Childhood for the purpose of (A) determining 193
the suitability of a person to care for children in a facility licensed 194
pursuant to section 19a-77, 19a-80 or 19a-87b; (B) determining the 195
suitability of such person for licensure; (C) an investigation conducted 196
pursuant to section 19a-80f; (D) notifying the office when the 197
Department of Children and Families places an individual licensed or 198
certified by the office on the child abuse and neglect registry pursuant 199
to section 17a-101k; or (E) notifying the office when the Department of 200
Children and Families possesses information regarding an office 201
regulatory violation committed by an individual licensed or certified by 202
the office; 203
(13) The Department of Developmental Services, to allow said 204
department to determine eligibility, facilitate enrollment and plan for 205
the provision of services to a child who is a client of said department 206
and who is applying to enroll in or is enrolled in said department's 207
behavioral services program. At the time that a parent or guardian 208
completes an application for enrollment of a child in the Department of 209
Developmental Services' behavioral services program, or at the time that 210
said department updates a child's annual individualized plan of care, 211
said department shall notify such parent or guardian that the 212
Department of Children and Families may provide records to the 213
Department of Developmental Services for the purposes specified in this 214
subdivision without the consent of such parent or guardian; 215
(14) Any individual or entity for the purposes of identifying resources 216
that will promote the permanency plan of a child or youth approved by 217
the court pursuant to sections 17a-11, 17a-111b and 46b-129; 218
(15) A state agency that licenses or certifies a person to educate, care 219
for or provide services to children or youths; 220
(16) A judge or employee of a Probate Court who requires access to 221
such records in order to perform such judge's or employee's official 222
duties; 223 Substitute Bill No. 6463
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(17) A judge of the Superior Court for purposes of determining the 224
appropriate disposition of a child adjudicated as delinquent or a child 225
who is a member of a family with service needs; 226
(18) A judge of the Superior Court in a criminal prosecution for 227
purposes of in camera inspection whenever (A) the court has ordered 228
that the record be provided to the court; or (B) a party to the proceeding 229
has issued a subpoena for the record; 230
(19) A judge of the Superior Court and all necessary parties in a 231
family violence proceeding when such records concern family violence 232
with respect to the child who is the subject of the proceeding or the 233
parent of such child who is the subject of the proceeding; 234
(20) The Auditors of Public Accounts, or their representative, 235
provided no information identifying the subject of the record is 236
disclosed unless such information is essential to an audit conducted 237
pursuant to section 2-90; 238
(21) A local or regional board of education, provided the records are 239
limited to educational records created or obtained by the state or 240
Connecticut Unified School District #2, established pursuant to section 241
17a-37; 242
(22) The superintendent of schools for any school district for the 243
purpose of determining the suitability of a person to be employed by 244
the local or regional board of education for such school district pursuant 245
to subsection (a) of section 10-221d; 246
(23) The Department of Motor Vehicles for the purpose of criminal 247
history records checks pursuant to subsection (e) of section 14-44, 248
provided information disclosed pursuant to this subdivision shall be 249
limited to information included on the Department of Children and 250
Families child abuse and neglect registry established pursuant to section 251
17a-101k, subject to the provisions of sections 17a-101g and 17a-101k 252
concerning the nondisclosure of findings of responsibility for abuse and 253
neglect; 254 Substitute Bill No. 6463
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(24) The Department of Mental Health and Addiction Services for the 255
purpose of treatment planning for young adults who have transitioned 256
from the care of the Department of Children and Families; 257
(25) The superintendent of a public school district or the executive 258
director or other head of a public or private institution for children 259
providing care for children or a private school (A) pursuant to sections 260
17a-11, 17a-101b, 17a-101c, 17a-101i, 17a-111b and 46b-129, or (B) when 261
the Department of Children and Families places an individual 262
employed by such institution or school on the child abuse and neglect 263
registry pursuant to section 17a-101k; 264
(26) The Department of Social Services for the purpose of (A) 265
determining the suitability of a person for payment from the 266
Department of Social Services for providing child care; (B) promoting 267
the health, safety and welfare of a child or youth receiving services from 268
either department; or (C) investigating allegations of fraud provided no 269
information identifying the subject of the record is disclosed unless such 270
information is essential to any such investigation; 271
(27) The Court Support Services Division of the Judicial Branch, to 272
allow the division to determine the supervision and treatment needs of 273
a child or youth, and provide appropriate supervision and treatment 274
services to such child or youth, provided such disclosure shall be limited 275
to information that identifies the child or youth, or a member of such 276
child's or youth's immediate family, as being or having been (A) 277
committed to the custody of the Commissioner of Children and Families 278
as delinquent, (B) under the supervision of the Commissioner of 279
Children and Families, or (C) enrolled in the voluntary services program 280
operated by the Department of Children and Families; 281
(28) The Court Support Services Division of the Judicial Branch for 282
the purpose of sharing common case records to track recidivism of 283
juvenile offenders; 284
(29) The birth-to-three program's referral intake office for the purpose 285 Substitute Bill No. 6463
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of (A) determining eligibility of, (B) facilitating enrollment for, and (C) 286
providing services to (i) substantiated victims of child abuse and neglect 287
with suspected developmental delays, and (ii) newborns impacted by 288
withdrawal symptoms resulting from prenatal drug exposure; [and] 289
(30) The Department of Public Health for the purpose of notification 290
when the Commissioner of Children and Families places an individual 291
licensed or certified by the Department of Public Health on the child 292
abuse and neglect registry established pursuant to section 17a-101k; and 293
(31) The Department of Correction, for the purpose of determining 294
the supervision and treatment needs of a child or youth, and providing 295
appropriate supervision and treatment services to such child or youth. 296
Sec. 6. Section 18-81y of the general statutes is repealed and the 297
following is substituted in lieu thereof (Effective from passage): 298
The Commissioner of Correction shall establish a lost property board 299
within the Department of Correction to hear and determine any claim 300
by an inmate of a correctional facility who seeks compensation not 301
exceeding three thousand five hundred dollars for lost or damaged 302
personal property. The board shall hear and determine each such claim 303
and may, if it determines the claim is one which in equity and justice the 304
state should pay, award damages. If the board denies a claim in whole 305
or in part, the inmate may, not later than sixty days after such decision, 306
present the claim to the Office of the Claims Commissioner in 307
accordance with section 4-147. The filing of a claim with the lost 308
property board shall toll the time limit for presenting a claim to the 309
Office of the Claims Commissioner pursuant to section 4-148. The 310
Commissioner of Correction [shall] may adopt regulations, in 311
accordance with chapter 54, to implement the provisions of this section. 312
Sec. 7. Section 18-85 of the general statutes is repealed and the 313
following is substituted in lieu thereof (Effective January 1, 2022): 314
(a) The Commissioner of Correction, after consultation with the 315
Commissioner of Administrative Services and the Secretary of the Office 316 Substitute Bill No. 6463
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of Policy and Management, shall establish a schedule of compensation 317
for services performed on behalf of the state by inmates of any 318
institution or facility of the department. Such schedule shall recognize 319
degrees of merit, diligence and skill in order to encourage inmate 320
incentive and industry. 321
(b) Compensation so earned shall be deposited, under the direction 322
of the Commissioner of Correction, in an account in a savings bank or 323
state bank and trust company in this state or an account administered 324
by the State Treasurer. Any compensation so earned shall be paid to the 325
inmate on the inmate's release from incarceration in the form of a debit 326
card, except that the commissioner may, while the inmate is in custody, 327
disburse any compensation earned by such inmate in accordance with 328
the following priorities: (1) Federal taxes due; (2) restitution or payment 329
of compensation to a crime victim ordered by any court of competent 330
jurisdiction; (3) payment of a civil judgment rendered in favor of a crime 331
victim by any court of competent jurisdiction; (4) victims compensation 332
through the criminal injuries account administered by the Office of 333
Victim Services; (5) state taxes due; (6) support of the inmate's 334
dependents, if any; (7) the inmate's necessary travel expense to and from 335
work and other incidental expenses; (8) costs of such inmate's 336
incarceration under section 18-85a and regulations adopted in 337
accordance with said section; and (9) payment to the clerk of the court 338
in which an inmate, confined in a correctional facility only for payment 339
of a fine, was convicted, such portion of such compensation as is 340
necessary to pay such fine. Any interest that accrues shall be credited to 341
any institutional fund established for the welfare of inmates. 342
Compensation under this section shall be in addition to any 343
compensation received or credited under section 18-50. 344
Sec. 8. Section 18-81bb of the general statutes is repealed. (Effective 345
October 1, 2021) 346
This act shall take effect as follows and shall amend the following
sections:
Substitute Bill No. 6463
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Section 1 from passage 18-82
Sec. 2 July 1, 2021 New section
Sec. 3 October 1, 2021 18-81h
Sec. 4 October 1, 2021 4-190
Sec. 5 October 1, 2021 17a-28(g)
Sec. 6 from passage 18-81y
Sec. 7 January 1, 2022 18-85
Sec. 8 October 1, 2021 Repealer section
Statement of Legislative Commissioners:
In Section 2(b)(1)(D)(v), "established by the Governor" was changed to
"established pursuant to Executive Order Number 4 of Governor Ned
Lamont" for clarity.
JUD Joint Favorable Subst.