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repealed and the following is substituted in lieu thereof (Effective October 2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