O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-85—sHB 6463
Judiciary Committee
AN ACT CONCERNING TH E DEPARTMENT OF CORR ECTION, A
REENTRY EMPLOYMENT A DVISORY COMMITTEE, P UBLIC
SAFETY COMMITTEES IN MUNICIPALITIES WHERE A
CORRECTIONAL FACILIT Y IS LOCATED, THE DI SCLOSURE OF
RECORDS, THE PROTECT ION OF PERSONAL DATA RELATING TO
AN EMPLOYEE OF THE D EPARTMENT OF CORRECT ION AND THE
PROVISION OF DEBIT C ARDS TO INCARCERATED PERSONS AT
THE TIME OF RELEASE
SUMMARY: This act makes various changes to laws governing the Department
of Correction (DOC) and related matters.
It codifies existing practice by allowing the DOC commissioner to designate a
deputy warden to serve as director of reentry services.
It establishes a reentry employment advisory committee to advise the DOC
commissioner on aligning the department’s education and job training programs
with the needs of community employers.
The act repeals the requirement for DOC to establish public safety or advisory
committees in municipalities with correctional facilities, and instead allows these
municipalities to establish public safety committees. It generally consolidates the
former committees’ responsibilities and reporting requirements into the
municipally-created committees and makes related changes.
The act specifies that, for purposes of the state’s Data Privacy Act, “personal
data” must not be construed to make available certain records concerning DOC
facilities or Whiting Forensic Hospital that are exempt from disclosure under the
Freedom of Information Act (FOIA). These records include security manuals,
staff assignment logs, and various other security-related matters (see
BACKGROUND). The Data Privacy Act, which applies to certain government
agencies, establishes various requirements and procedures on safeguarding
personal data.
The act adds DOC to the list of entities to whom the Department of Children
and Families (DCF), under certain circumstances, must disclose its records
without the subject’s consent. Under the act, DCF must provide the records for
DOC to determine the supervision and treatment needs of a child or youth and
provide appropriate supervision and treatment services to him or her.
The act allows, rather than requires, the DOC commissioner to adopt
regulations on the department’s lost property board. This board hears claims from
inmates seeking compensation (up to $3,500) for lost or damaged personal
property.
Additionally, the act requires DOC to provide inmates, upon their release,
with debit cards for any compensation they earned performing certain jobs. Under O L R P U B L I C A C T S U M M A R Y
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existing practice, DOC provides them with checks. By law, various obligations
(e.g., taxes or court-ordered victim restitution) may be paid from an inmate’s
account before the inmate receives this compensation upon release.
EFFECTIVE DATE: October 1, 2021, except that the provisions on (1) the
director of reentry services and the lost property board are effective upon passage;
(2) the reentry employment advisory committee are effective July 1, 2021; and (3)
debit cards are effective January 1, 2022.
§ 2 — REENTRY EMPLOYMENT A DVISORY COMMITTEE
The act establishes a reentry employment advisory committee to advise the
DOC commissioner on aligning the department’s education and job training
programs with the needs of employers in the community. This must include:
1. the vocational education curricula used by DOC’s Unified School District
#1,
2. the types of licenses and certifications that employers seek in job
applicants,
3. the availability of apprenticeships for incarcerated and formerly
incarcerated individuals in the community, and
4. the types of products and services that correctional institution industries
(i.e., Correctional Enterprises of Connecticut) should offer.
Under the act, the reentry employment advisory committee includes the DOC
commissioner or his designee, the superintendent of Unified School District #1,
and DOC’s superintendent of institution industries. The committee also includes
at least six members appointed by the DOC commissioner, one representing each
of the following:
1. an association representing in-state businesses and industries,
2. an association representing in-state construction industries,
3. the state affiliate of a national organization representing human resource
professionals,
4. a state council of building and construction trades,
5. the Governor’s Workforce Council established by executive order, and
6. a regional workforce development board.
Additionally, the act allows the DOC commissioner to appoint up to three
other members who represent businesses or business associations.
The act requires the DOC commissioner to appoint a chairperson from among
the committee’s members. The committee must meet at least twice per year, and
more often as the committee deems necessary.
§§ 3 & 8 — MUNICIPAL PUBLIC SAFETY COMMITTEES
Prior law required DOC to establish public safety committees in each
municipality with a correctional facility, composed of the facility warden and
representatives appointed by the chief elected official. It also required DOC to
establish advisory committees in municipalities with a correctional facility that
did not have a public safety committee as required. These advisory committees O L R P U B L I C A C T S U M M A R Y
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consisted of the facility warden and five members, meeting certain qualifications,
appointed jointly by the legislators who represent the municipality.
The act removes the requirement for DOC to establish these committees and
instead authorizes municipalities with correctional facilities to establish public
safety committees. Under the act, each committee includes the facility warden, or
his or her designee, and representatives appointed by the municipal chief elected
official.
The act requires these committees to meet at least annually, and more often as
they deem necessary, to review correctional safety and security issues and
offender reentry efforts affecting the municipality. The facility warden must
attend at least one meeting each year.
By contrast, prior law required the public safety or advisory committees to
meet at least quarterly. The former had to review correctional safety and security
issues; the latter had to discuss inmate population demographics, DOC policies
and practices, facility programming, and reentry initiatives.
The act requires the municipally-created public safety committees to report
annually, by November 1, on their concerns and recommendations to the
chairpersons and ranking members of the Public Safety and Security and
Judiciary committees. Under prior law, the DOC-created public safety committees
had to annually report to these legislators from the Public Safety and Security
Committee.
BACKGROUND
FOIA Exemption for DOC and Whiting Forensic Hospital Security Records
By law, the DOC commissioner may withhold from disclosure under FOIA
certain records about correctional institutions or facilities under DOC supervision.
He may withhold these records if he has reasonable grounds to believe they could
pose a safety risk, including harm to anyone or the risk of an escape from, or
disorder in, any such facility. This same authority applies to the Department of
Mental Health and Addiction Services commissioner as to Whiting Forensic
Hospital.
These provisions apply to, at a minimum, the following records:
1. security manuals, including emergency plans they contain or reference;
2. engineering and architectural drawings;
3. security systems’ operational specifications (except a general description
and the cost and quality of such a system);
4. training manuals that describe security procedures, emergency plans, or
security equipment;
5. internal security audits;
6. staff meeting minutes or recordings, or any portions of them, that contain
or reveal information relating to security or otherwise exempt records;
7. logs or other documents with information on the movement or assignment
of inmates or staff; and
8. records with information on contacts between inmates and law O L R P U B L I C A C T S U M M A R Y
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enforcement officers (CGS § 1-210(b)(18)).