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General Assembly Substitute Bill No. 1058
January Session, 2021
AN ACT CONCERNING CO MPASSIONATE OR MEDIC AL PAROLE
RELEASE BY THE BOARD OF PARDONS AND PARO LES AND
CONCERNING STAFF OF THE DEPARTMENT OF CORRECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (e) and (f) of section 54-124a of the general 1
statutes are repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2021): 3
(e) (1) Each parole release panel, including any such panel for the 4
purpose of compassionate parole release or medical parole release, shall 5
be composed of three members, one of whom shall be the chairperson 6
or a full-time member designated by the chairperson to serve 7
temporarily as chairperson. 8
(2) Each pardons panel shall be composed of three members, one of 9
whom may be the chairperson, except that for hearings on 10
commutations from the penalty of death, one member of the panel shall 11
be the chairperson. 12
(3) Each panel that discharges persons on parole from the custody of 13
the Commissioner of Correction or that terminates the period of special 14
parole for persons shall be composed of three members, one of whom 15
shall be the chairperson or a full-time member designated by the 16 Substitute Bill No. 1058
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chairperson to serve temporarily as chairperson. 17
(f) The Board of Pardons and Paroles shall have independent 18
decision-making authority to (1) grant or deny parole in accordance 19
with sections 54-125, 54-125a, 54-125e and 54-125g, medical parole in 20
accordance with the provisions of sections 54-131a to 54-131g, inclusive, 21
as amended by this act, or compassionate parole in accordance with the 22
provisions of section 54-131k, as amended by this act, (2) establish 23
conditions of parole, medical parole, compassionate parole or special 24
parole supervision in accordance with section 54-126, (3) rescind or 25
revoke parole, medical parole, compassionate parole or special parole 26
in accordance with sections 54-127, as amended by this act, and 54-128, 27
as amended by this act, (4) grant commutations of punishment or 28
releases, conditioned or absolute, in the case of any person convicted of 29
any offense against the state and commutations from the penalty of 30
death in accordance with section 54-130a, (5) discharge any person on 31
parole, medical parole or compassionate parole or inmate eligible for 32
parole from the custody of the Commissioner of Correction pursuant to 33
section 54-129, and (6) terminate special parole in accordance with 34
section 54-129. 35
Sec. 2. Section 54-127 of the general statutes is repealed and the 36
following is substituted in lieu thereof (Effective October 1, 2021): 37
The request of the Commissioner of Correction or any officer of the 38
Department of Correction so designated by the commissioner, or of the 39
Board of Pardons and Paroles or its chairman shall be sufficient warrant 40
to authorize any officer of the Department of Correction or any officer 41
authorized by law to serve criminal process within this state, to return 42
any convict or inmate on parole, medical parole or compassionate 43
parole into actual custody; and any such officer, police officer, constable 44
or state marshal shall arrest and hold any parolee or inmate when so 45
requested, without any written warrant. 46
Sec. 3. Section 54-127a of the general statutes is repealed and the 47
following is substituted in lieu thereof (Effective October 1, 2021): 48 Substitute Bill No. 1058
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All parole revocation and rescission hearings shall be conducted by 49
an employee of the Board of Pardons and Paroles. The parole of a person 50
who has been allowed to go on parole in accordance with subsection (a) 51
of section 54-125a or section 54-125g, or sections 54-131a to 54-131g, 52
inclusive, as amended by this act, or section 54-131k, as amended by this 53
act, or who has been sentenced to a period of special parole in 54
accordance with subdivision (9) of subsection (b) of section 53a-28, shall 55
be revoked or rescinded if, after such hearing, the employee 56
recommends such revocation or rescission and such recommendation is 57
approved by at least two members of a panel of the board. 58
Sec. 4. Subsection (a) of section 54-128 of the general statutes is 59
repealed and the following is substituted in lieu thereof (Effective October 60
1, 2021): 61
(a) Any paroled inmate, including an inmate allowed to go on parole 62
pursuant to sections 54-131a to 54-131g, inclusive, as amended by this 63
act, or section 54-131k, as amended by this act, who has been returned 64
to any institution of the Department of Correction for violation of such 65
inmate's parole may be retained in a correctional institution for a period 66
equal to the unexpired portion of the term of such inmate's sentence at 67
the date of the request or order for such inmate's return less any 68
commutation or diminution of such inmate's sentence earned, except 69
that the Board of Pardons and Paroles may, in its discretion, determine 70
that such inmate shall forfeit any or all of such earned time, or may be 71
again paroled by said board. 72
Sec. 5. Section 54-131a of the general statutes is repealed and the 73
following is substituted in lieu thereof (Effective October 1, 2021): 74
[The] A panel of the Board of Pardons and Paroles may determine, in 75
accordance with sections 54-131a to 54-131g, inclusive, as amended by 76
this act, when and under what conditions an inmate serving any 77
sentence of imprisonment may be released on medical parole. 78
Sec. 6. Section 54-131b of the general statutes is repealed and the 79 Substitute Bill No. 1058
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following is substituted in lieu thereof (Effective October 1, 2021): 80
[The] A panel of the Board of Pardons and Paroles may release on 81
medical parole any inmate serving any sentence of imprisonment, 82
except an inmate convicted of a capital felony under the provisions of 83
section 53a-54b in effect prior to April 25, 2012, or murder with special 84
circumstances under the provisions of section 53a-54b in effect on or 85
after April 25, 2012, who has been diagnosed pursuant to section 54-131c 86
as suffering from a terminal condition, disease or syndrome, and is so 87
debilitated or incapacitated by such condition, disease or syndrome as 88
to be physically incapable of presenting a danger to society. 89
Notwithstanding any provision of the general statutes to the contrary, 90
the Board of Pardons and Paroles may release such inmate at any time 91
during the term of such inmate's sentence. 92
Sec. 7. Section 54-131k of the general statutes is repealed and the 93
following is substituted in lieu thereof (Effective October 1, 2021): 94
(a) The Board of Pardons and Paroles may grant a compassionate 95
parole release to any inmate serving any sentence of imprisonment, 96
except an inmate convicted of a capital felony under the provisions of 97
section 53a-54b in effect prior to April 25, 2012, or murder with special 98
circumstances under the provisions of section 53a-54b in effect on or 99
after April 25, 2012, if [it] the panel finds that such inmate (1) is so 100
physically or mentally debilitated, incapacitated or infirm as a result of 101
advanced age or as a result of a condition, disease or syndrome that is 102
not terminal as to [be physically incapable of presenting a] present a 103
significantly reduced risk of danger to society, and (2) (A) has served 104
not less than one-half of such inmate's definite or aggregate sentence, or 105
(B) has served not less than one-half of such inmate's remaining definite 106
or aggregate sentence after commutation of the original sentence by the 107
Board of Pardons and Paroles. 108
(b) (1) During a major disaster or an emergency declaration by the 109
President of the United States covering any part of the state, or an 110
emergency declaration issued by the Governor, that shall include, but 111 Substitute Bill No. 1058
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need not be limited to, those declarations issued concerning the COVID-112
19 pandemic, any other disease epidemic or public health emergency or 113
a natural disaster, a panel of the Board of Pardons and Paroles may grant 114
a compassionate parole release to any inmate serving any sentence of 115
imprisonment, except an inmate convicted of a capital felony under the 116
provisions of section 53a-54b in effect prior to April 25, 2012, or murder 117
with special circumstances under the provisions of section 53a-54b in 118
effect on or after April 25, 2012, at any time during the term of such 119
inmate's sentence, if the panel finds circumstances exist which pose a 120
higher risk of harm to such inmate should he or she remain confined. 121
(2) For purposes of this subsection, "COVID-19" means the 122
respiratory disease designated by the World Health Organization on 123
February 11, 2020, as coronavirus 2019, and any related mutation thereof 124
recognized by said organization as a communicable respiratory disease. 125
[(b)] (c) Any person granted a compassionate parole release pursuant 126
to this section shall be released subject to such terms and conditions as 127
may be established by the Board of Pardons and Paroles and [shall be 128
supervised by the Department of Correction] the rules and regulations 129
established pursuant to section 54-126. 130
(d) The chairperson of the Board of Pardons and Paroles may appoint 131
a special panel to implement the provisions of this section and review 132
and decide requests for compassionate parole under this section on an 133
emergency basis, and in all cases shall act in as expeditious a manner as 134
possible. 135
(e) The provisions of this section shall not affect an inmate's eligibility 136
for any other form of parole or release provided by law. 137
Sec. 8. Section 18-81nn of the general statutes is repealed and the 138
following is substituted in lieu thereof (Effective from passage): 139
(a) Any correction officer who witnesses another correction officer 140
use what the witnessing correction officer objectively knows to be 141
excessive or illegal use of force shall intervene and attempt to stop such 142 Substitute Bill No. 1058
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other correction officer from using such force. Any correction officer 143
who fails to intervene in such an incident may be prosecuted and 144
punished in accordance with the provisions of section 53a-8 for the same 145
acts as the correction officer who used unreasonable, excessive or illegal 146
force. 147
(b) Any correction officer who witnesses another correction officer 148
use what the witnessing correction officer objectively knows to be 149
unreasonable, excessive or illegal use of force or is otherwise aware of 150
such use of force by another correction officer shall report, as soon as is 151
practicable, such use of force to the witnessing correction officer's 152
immediate supervisor. Such supervisor shall immediately report such 153
use of force to the immediate supervisor of the correction officer who is 154
reported to have used such force. Any correction officer required to 155
report such an incident who fails to do so may be prosecuted and 156
punished in accordance with the provisions of sections 53a-165 to 53a-157
167, inclusive. 158
(c) The Department of Correction or any employee of the department 159
shall not take any retaliatory personnel action or discriminate against a 160
correction officer because such correction officer intervened in an 161
incident pursuant to subsection (a) of this section or reported an incident 162
pursuant to subsection (b) of this section. Such intervening or reporting 163
correction officer shall be protected by the provisions of section 4-61dd 164
or 31-51m, as applicable. 165
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 54-124a(e) and (f)
Sec. 2 October 1, 2021 54-127
Sec. 3 October 1, 2021 54-127a
Sec. 4 October 1, 2021 54-128(a)
Sec. 5 October 1, 2021 54-131a
Sec. 6 October 1, 2021 54-131b
Sec. 7 October 1, 2021 54-131k
Sec. 8 from passage 18-81nn Substitute Bill No. 1058
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Statement of Legislative Commissioners:
In Section 1(e)(1), the new language was moved for clarity, and in
Section 7, Subsecs. (b) and (c) were made Subsecs. (b)(1) and (2) and the
remaining Subsecs. were renumbered and the notwithstanding
language was deleted for accuracy and to conform with standard
drafting conventions.
JUD Joint Favorable Subst.