Researcher: DC Page 1 4/26/21
OLR Bill Analysis
sSB 1058
AN ACT CONCERNING COMPASSIONATE OR MEDICAL PAROLE
RELEASE BY THE BOARD OF PARDONS AND PAROLES AND
CONCERNING STAFF OF THE DEPARTMENT OF CORRECTION.
SUMMARY
This bill expands the instances where compassionate parole may be
granted by (1) lowering the danger to society threshold for certain
inmates’ conditions for release and (2) generally allowing these
releases during an emergency declaration or major disaster, including
the COVID-19 pandemic. These emergency declaration releases may
be at any time during the inmate’s sentence if circumstances exist that
pose a higher risk of harm to the inmate if he or she remains confined.
The bill establishes a panel to determine medical or compassionate
parole, rather than the full Board of Pardons and Parole determining
these paroles as under current law. It also makes various minor and
conforming changes to the medical and compassionate parole statutes.
Additionally, the bill extends a state whistleblower law to protect
Department of Correction (DOC) officers who intervene or report
other officer’s use of unreasonable, excessive, or illegal force from
retaliation.
EFFECTIVE DATE: October 1, 2021, except the whistleblower
provision is effective upon passage.
§§ 1-6 — MEDICAL AND COMPASSIONAT E PAROLE
The bill specifically provides the Board of Pardons and Paroles the
independent decision-making authority to grant medical parole or
compassionate parole; establish their conditions; and rescind, revoke,
or discharge anyone under these paroles.
The bill incorporates medical and compassionate parole into the 2021SB-01058-R000615-BA.DOCX
Researcher: DC Page 2 4/26/21
following procedures in current law for parole:
1. upon the request of certain individuals (e.g., DOC
commissioner) authorized to serve criminal process to return a
person to custody, having a law enforcement official arrest and
hold the person without written warrant (CGS § 54-127);
2. a parolee having his or her parole revoked or rescinded after a
hearing when a board employee recommends it and at least two
members of a board panel approve it (CGS § 54-127a); and
3. inmates returned to any DOC institution for violating parole
may generally be retained in a correctional institution for the
unexpired portion of the inmate’s sentence with certain possible
deductions (CGS § 54-128).
Medical and Compassionate Parole Release Panel (§§ 1 & 5-7)
Under current law, the Board of Pardons and Parole may determine
when and under what conditions an inmate serving an imprisonment
sentence may be released on medical or compassionate parole. The bill
instead creates a release panel to make these decisions. As under
existing law for other parole panels, the release panel is composed of
three members, one of whom serves as chairperson or a full-time
member designated by them to chair temporarily.
As under current law for the board, the release panel may release
any inmate on medical or compassionate parole except inmates
convicted of a capital felony before April 25, 2012, or murder with
special circumstances on or after April 25, 2012.
§ 7 — COMPASSIONATE PAROLE
The bill lowers the danger to society threshold for certain inmates’
conditions for them to be released under a compassionate parole.
Under current law, the board can grant compassionate parole
release to an inmate if he or she is so physically or mentally
debilitated, incapacitated, or infirm due to advanced age or a non-
terminal condition, disease, or syndrome, as to be physically incapable 2021SB-01058-R000615-BA.DOCX
Researcher: DC Page 3 4/26/21
of presenting a danger to society. Under the bill, the inmate must
instead present a significantly reduced risk of danger to society rather
than being physically incapable of presenting a danger to society.
As under existing law, an inmate must also have served at least half
of their sentence, or half after the board commuted the original
sentence.
Emergency Declaration or Major Disaster
The bill allows the panel to grant a compassionate parole release to
any inmate (other than those convicted of a capital felony or murder
with special circumstances as described above) serving any sentences
of imprisonment during certain major disasters or an emergency
declaration. These declarations are by the President covering any part
of the state or an emergency declaration the governor issues, including
those related to the COVID-19 pandemic or any other disease epidemic
or public health emergency, or a natural disaster.
The release may be at any time during the inmate’s sentence if the
panel finds circumstances exist that pose a higher risk of harm to the
inmate if he or she remain confined.
Under the bill, “COVID-19” means the respiratory disease
designated by the World Health Organization (WHO) on February 11,
2020, as coronavirus 2019, and any related mutation WHO recognizes
as a communicable respiratory disease.
Rules and Regulations After Release
Under current law, anyone granted compassionate parole must be
released subject to the board’s terms and conditions and supervised by
DOC. The bill instead requires them to be supervised by rules and
regulations the board established. As under existing law, the
chairperson enforces the rules, regulations, and provisions and can
retake and imprison the parolee for any reason the panel, or the
chairperson with the panel’s approval, deems sufficient. The
chairperson can detain a person pending the panel’s approval (CGS §
54-126). 2021SB-01058-R000615-BA.DOCX
Researcher: DC Page 4 4/26/21
Special Panel
The bill allows the board’s chairperson to appoint a special panel to
implement the compassionate parole provisions and review and
decide requests for these paroles on an emergency basis. The bill
requires the chairperson to, in all cases, act as expeditiously as
possible.
Applicability for Other Paroles
The bill specifies that the compassionate parole provisions, both
under existing law and the bill, do not affect an inmate’s eligibility for
any other form of parole or release provided by law.
§ 8 — DOC WHISTLEBLOWER PR OTECTIONS
The bill extends a state whistleblower law (CGS § 31-51m) to protect
DOC correction officers who intervene or report other officer’s use of
unreasonable, excessive, or illegal force from retaliation.
By law, DOC is prohibited from taking retaliatory personnel action
or discriminating against a correction officer for intervening or
reporting another officer’s use of unreasonable, excessive, or illegal
force. Among other things, this means DOC cannot discharge,
discipline, or penalize intervening or reporting officers.
The bill allows correction officers who are discharged, disciplined,
or penalized in violation of this law, after exhausting all administrative
remedies, to bring a civil action within 90 days after the violation or
final administrative decision.
By law, these officers are already protected by another
whistleblower law specifically for state employees (CGS § 4-61dd).
Under that law, officers who believe they have been retaliated against
may, among other actions, file a complaint with the chief human rights
referee at the Commission on Human Rights and Opportunities.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute 2021SB-01058-R000615-BA.DOCX
Researcher: DC Page 5 4/26/21
Yea 31 Nay 6 (04/05/2021)