Connecticut 2021 Regular Session

Connecticut Senate Bill SB00978 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 978
	5	+	General Assembly Raised Bill No. 978
8	6		January Session, 2021
	7	+	LCO No. 4141
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	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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14	19		AN ACT CONCERNING PA ROLE OPPORTUNITIES F OR INDIVIDUALS
15	20		SERVING LENGTHY SENT ENCES FOR CRIMES COMMITTED
16		-	BEFORE THE INDIVIDUAL TURNED TWENTY~~-ONE~~ YEARS OF AGE.
	21	+	BEFORE THE INDIVIDUAL TURNED TWENTY -FIVE YEARS OF AGE.
17	22		Be it enacted by the Senate and House of Representatives in General
18	23		Assembly convened:
19	24
20	25		Section 1. Subsection (f) of section 54-125a of the general statutes is 1
21	26		repealed and the following is substituted in lieu thereof (Effective October 2
22	27		1, 2021): 3
23	28		(f) (1) Notwithstanding the provisions of subsections (a) to (e), 4
24	29		inclusive, of this section, a person convicted of one or more crimes 5
25		-	committed while such person was under [eighteen] twenty-one years of 6
26		-	age, who is incarcerated on or after October 1, [2015] 2021, and who 7
27		-	received a definite sentence or total effective sentence of more than ten 8
28		-	years for such crime or crimes prior to, on or after October 1, [2015] 2021, 9
29		-	may be allowed to go at large on parole in the discretion of the panel of 10
30		-	the Board of Pardons and Paroles for the institution in which such 11
31		-	person is confined, provided (A) if such person is serving a sentence of 12
32		-	fifty years or less, such person shall be eligible for parole after serving 13
33		-	sixty per cent of the sentence or twelve years, whichever is greater, or 14
34		-	(B) if such person is serving a sentence of more than fifty years, such 15
35		-	person shall be eligible for parole after serving thirty years. Nothing in 16
36		-	this subsection shall limit a person's eligibility for parole release under 17 Substitute Bill No. 978
	30	+	committed while such person was under (A) eighteen years of age, who 6
	31	+	is incarcerated on or after October 1, 2015, and who received a definite 7
	32	+	sentence or total effective sentence of more than ten years for such crime 8
	33	+	or crimes prior to, on or after October 1, 2015, or (B) twenty-five years of 9
	34	+	age, who is incarcerated on or after October 1, 2021, and who received a 10
	35	+	definite sentence or total effective sentence of more than ten years for 11
	36	+	such crime or crimes prior to, on or after October 1, 2021, may be 12
	37	+	allowed to go at large on parole in the discretion of the panel of the 13
	38	+	Board of Pardons and Paroles for the institution in which such person is 14 Raised Bill No. 978
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43		-	the provisions of subsections (a) to (e), inclusive, of this section if such 18
44		-	person would be eligible for parole release at an earlier date under any 19
45		-	of such provisions. 20
46		-	(2) The board shall apply the parole eligibility rules of this subsection 21
47		-	only with respect to the sentence for a crime or crimes committed while 22
48		-	a person was under [eighteen] twenty-one years of age. Any portion of 23
49		-	a sentence that is based on a crime or crimes committed while a person 24
50		-	was [eighteen] twenty-one years of age or older shall be subject to the 25
51		-	applicable parole eligibility, suitability and release rules set forth in 26
52		-	subsections (a) to (e), inclusive, of this section. 27
53		-	(3) Whenever a person becomes eligible for parole release pursuant 28
54		-	to this subsection, the board shall hold a hearing to determine such 29
55		-	person's suitability for parole release. At least twelve months prior to 30
56		-	such hearing, the board shall notify the office of Chief Public Defender, 31
57		-	the appropriate state's attorney, the Victim Services Unit within the 32
58		-	Department of Correction, the Office of the Victim Advocate and the 33
59		-	Office of Victim Services within the Judicial Department of such 34
60		-	person's eligibility for parole release pursuant to this subsection. The 35
61		-	office of Chief Public Defender shall assign counsel for such person 36
62		-	pursuant to section 51-296 if such person is indigent. At any hearing to 37
63		-	determine such person's suitability for parole release pursuant to this 38
64		-	subsection, the board shall permit (A) such person to make a statement 39
65		-	on such person's behalf, (B) counsel for such person and the state's 40
66		-	attorney to submit reports and other documents, and (C) any victim of 41
67		-	the crime or crimes to make a statement pursuant to section 54-126a. The 42
68		-	board may request testimony from mental health professionals or other 43
69		-	relevant witnesses, and reports from the Commissioner of Correction or 44
70		-	other persons, as the board may require. The board shall use validated 45
71		-	risk assessment and needs assessment tools and its risk-based 46
72		-	structured decision making and release criteria established pursuant to 47
73		-	subsection (d) of section 54-124a in making a determination pursuant to 48
74		-	this subsection. 49
75		-	(4) After such hearing, the board may allow such person to go at large 50 Substitute Bill No. 978
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	44	+	confined, provided [(A)] (i) if such person is serving a sentence of fifty 15
	45	+	years or less, such person shall be eligible for parole after serving sixty 16
	46	+	per cent of the sentence or twelve years, whichever is greater, or [(B)] (ii) 17
	47	+	if such person is serving a sentence of more than fifty years, such person 18
	48	+	shall be eligible for parole after serving thirty years. Nothing in this 19
	49	+	subsection shall limit a person's eligibility for parole release under the 20
	50	+	provisions of subsections (a) to (e), inclusive, of this section if such 21
	51	+	person would be eligible for parole release at an earlier date under any 22
	52	+	of such provisions. 23
	53	+	(2) The board shall apply the parole eligibility rules of this subsection 24
	54	+	only with respect to the sentence for a crime or crimes committed while 25
	55	+	a person was under [eighteen] twenty-five years of age. Any portion of 26
	56	+	a sentence that is based on a crime or crimes committed while a person 27
	57	+	was [eighteen] twenty-five years of age or older shall be subject to the 28
	58	+	applicable parole eligibility, suitability and release rules set forth in 29
	59	+	subsections (a) to (e), inclusive, of this section. 30
	60	+	(3) Whenever a person becomes eligible for parole release pursuant 31
	61	+	to this subsection, the board shall hold a hearing to determine such 32
	62	+	person's suitability for parole release. At least twelve months prior to 33
	63	+	such hearing, the board shall notify the office of Chief Public Defender, 34
	64	+	the appropriate state's attorney, the Victim Services Unit within the 35
	65	+	Department of Correction, the Office of the Victim Advocate and the 36
	66	+	Office of Victim Services within the Judicial Department of such 37
	67	+	person's eligibility for parole release pursuant to this subsection. The 38
	68	+	office of Chief Public Defender shall assign counsel for such person 39
	69	+	pursuant to section 51-296 if such person is indigent. At any hearing to 40
	70	+	determine such person's suitability for parole release pursuant to this 41
	71	+	subsection, the board shall permit (A) such person to make a statement 42
	72	+	on such person's behalf, (B) counsel for such person and the state's 43
	73	+	attorney to submit reports and other documents, and (C) any victim of 44
	74	+	the crime or crimes to make a statement pursuant to section 54-126a. The 45
	75	+	board may request testimony from mental health professionals or other 46
	76	+	relevant witnesses, and reports from the Commissioner of Correction or 47
	77	+	other persons, as the board may require. The board shall use validated 48 Raised Bill No. 978
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82		-	on parole with respect to any portion of a sentence that was based on a 51
83		-	crime or crimes committed while such person was under [eighteen] 52
84		-	twenty-one years of age if the board finds that such parole release would 53
85		-	be consistent with the factors set forth in subdivisions (1) to (4), 54
86		-	inclusive, of subsection (c) of section 54-300 and if it appears, from all 55
87		-	available information, including, but not limited to, any reports from the 56
88		-	Commissioner of Correction, that (A) there is a reasonable probability 57
89		-	that such person will live and remain at liberty without violating the 58
90		-	law, (B) the benefits to such person and society that would result from 59
91		-	such person's release to community supervision substantially outweigh 60
92		-	the benefits to such person and society that would result from such 61
93		-	person's continued incarceration, and (C) such person has demonstrated 62
94		-	substantial rehabilitation since the date such crime or crimes were 63
95		-	committed considering such person's character, background and 64
96		-	history, as demonstrated by factors, including, but not limited to, such 65
97		-	person's correctional record, the age and circumstances of such person 66
98		-	as of the date of the commission of the crime or crimes, whether such 67
99		-	person has demonstrated remorse and increased maturity since the date 68
100		-	of the commission of the crime or crimes, such person's contributions to 69
101		-	the welfare of other persons through service, such person's efforts to 70
102		-	overcome substance abuse, addiction, trauma, lack of education or 71
103		-	obstacles that such person may have faced as a child or youth or young 72
104		-	adult under twenty-one years of age in the adult correctional system, 73
105		-	the opportunities for rehabilitation in the adult correctional system and 74
106		-	the overall degree of such person's rehabilitation considering the nature 75
107		-	and circumstances of the crime or crimes. 76
108		-	(5) After such hearing, the board shall articulate for the record its 77
109		-	decision and the reasons for its decision. If the board determines that 78
110		-	continued confinement is necessary, the board may reassess such 79
111		-	person's suitability for a new parole hearing at a later date to be 80
112		-	determined at the discretion of the board, but not earlier than two years 81
113		-	after the date of its decision. 82
114		-	(6) The decision of the board under this subsection shall not be subject 83 Substitute Bill No. 978
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	82	+
	83	+	risk assessment and needs assessment tools and its risk-based 49
	84	+	structured decision making and release criteria established pursuant to 50
	85	+	subsection (d) of section 54-124a in making a determination pursuant to 51
	86	+	this subsection. 52
	87	+	(4) After such hearing, the board may allow such person to go at large 53
	88	+	on parole with respect to any portion of a sentence that was based on a 54
	89	+	crime or crimes committed while such person was under [eighteen] 55
	90	+	twenty-five years of age if the board finds that such parole release 56
	91	+	would be consistent with the factors set forth in subdivisions (1) to (4), 57
	92	+	inclusive, of subsection (c) of section 54-300 and if it appears, from all 58
	93	+	available information, including, but not limited to, any reports from the 59
	94	+	Commissioner of Correction, that (A) there is a reasonable probability 60
	95	+	that such person will live and remain at liberty without violating the 61
	96	+	law, (B) the benefits to such person and society that would result from 62
	97	+	such person's release to community supervision substantially outweigh 63
	98	+	the benefits to such person and society that would result from such 64
	99	+	person's continued incarceration, and (C) such person has demonstrated 65
	100	+	substantial rehabilitation since the date such crime or crimes were 66
	101	+	committed considering such person's character, background and 67
	102	+	history, as demonstrated by factors, including, but not limited to, such 68
	103	+	person's correctional record, the age and circumstances of such person 69
	104	+	as of the date of the commission of the crime or crimes, whether such 70
	105	+	person has demonstrated remorse and increased maturity since the date 71
	106	+	of the commission of the crime or crimes, such person's contributions to 72
	107	+	the welfare of other persons through service, such person's efforts to 73
	108	+	overcome substance abuse, addiction, trauma, lack of education or 74
	109	+	obstacles that such person may have faced as a child or youth or young 75
	110	+	adult under twenty-five years of age in the adult correctional system, 76
	111	+	the opportunities for rehabilitation in the adult correctional system and 77
	112	+	the overall degree of such person's rehabilitation considering the nature 78
	113	+	and circumstances of the crime or crimes. 79
	114	+	(5) After such hearing, the board shall articulate for the record its 80
	115	+	decision and the reasons for its decision. If the board determines that 81
	116	+	continued confinement is necessary, the board may reassess such 82 Raised Bill No. 978
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121		-	to appeal. 84
	120	+	LCO No. 4141 4 of 4
	121	+
	122	+	person's suitability for a new parole hearing at a later date to be 83
	123	+	determined at the discretion of the board, but not earlier than two years 84
	124	+	after the date of its decision. 85
	125	+	(6) The decision of the board under this subsection shall not be subject 86
	126	+	to appeal. 87
122	127		This act shall take effect as follows and shall amend the following
123	128		sections:
124	129
125	130		Section 1 October 1, 2021 54-125a(f)
126	131
127		-	JUD Joint Favorable Subst.
	132	+	Statement of Purpose:
	133	+	To incentivize rehabilitation among incarcerated individuals and
	134	+	provide a second chance for those who were convicted and sentenced
	135	+	before twenty-five years of age.
	136	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	137	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	138	+	underlined.]
128	139