Connecticut 2021 Regular Session

Connecticut Senate Bill SB01058 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01058-R01-
4		-	SB.docx
5		-	1 of 7
6	3
7		-	General Assembly Substitute Bill No. 1058
	4	+	LCO No. 5235 1 of 4
	5	+
	6	+	General Assembly Raised Bill No. 1058
8	7		January Session, 2021
	8	+	LCO No. 5235
	9	+
	10	+
	11	+	Referred to Committee on JUDICIARY
	12	+
	13	+
	14	+	Introduced by:
	15	+	(JUD)
9	16
10	17
11	18
12	19
13		-
14		-	AN ACT CONCERNING CO MPASSIONATE OR MEDIC AL PAROLE
15		-	RELEASE BY THE BOARD OF PARDONS AND PARO LES AND
16		-	CONCERNING STAFF OF THE DEPARTMENT OF CORRECTION.
	20	+	AN ACT CONCERNING CO MPASSIONATE PAROLE R ELEASE BY
	21	+	THE BOARD OF PARDONS AND PAROLES AND CONCERNING
	22	+	STAFF OF THE DEPARTM ENT OF CORRECTION.
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20		-	Section 1. Subsections (e) and (f) of section 54-124a of the general 1
21		-	statutes are repealed and the following is substituted in lieu thereof 2
22		-	(Effective October 1, 2021): 3
23		-	(e) (1) Each parole release panel, including any such panel for the 4
24		-	purpose of compassionate parole release or medical parole release, shall 5
25		-	be composed of three members, one of whom shall be the chairperson 6
26		-	or a full-time member designated by the chairperson to serve 7
27		-	temporarily as chairperson. 8
28		-	(2) Each pardons panel shall be composed of three members, one of 9
29		-	whom may be the chairperson, except that for hearings on 10
30		-	commutations from the penalty of death, one member of the panel shall 11
31		-	be the chairperson. 12
32		-	(3) Each panel that discharges persons on parole from the custody of 13
33		-	the Commissioner of Correction or that terminates the period of special 14
34		-	parole for persons shall be composed of three members, one of whom 15
35		-	shall be the chairperson or a full-time member designated by the 16 Substitute Bill No. 1058
	26	+	Section 1. Section 54-131k of the general statutes is repealed and the 1
	27	+	following is substituted in lieu thereof (Effective October 1, 2021): 2
	28	+	(a) [The] Notwithstanding any provision of the general statutes, the 3
	29	+	Board of Pardons and Paroles may grant a compassionate parole release 4
	30	+	to any inmate serving any sentence of imprisonment, except an inmate 5
	31	+	convicted of a capital felony under the provisions of section 53a-54b in 6
	32	+	effect prior to April 25, 2012, or murder with special circumstances 7
	33	+	under the provisions of section 53a-54b in effect on or after April 25, 8
	34	+	2012, if [it] the board finds that such inmate (1) is so physically or 9
	35	+	mentally debilitated, incapacitated or infirm as a result of advanced age 10
	36	+	or as a result of a condition, disease or syndrome that is not terminal as 11
	37	+	to [be physically incapable of presenting] present a significantly 12
	38	+	reduced risk as a danger to society, and (2) (A) has served not less than 13
	39	+	one-half of such inmate's definite or aggregate sentence, or (B) has 14 Raised Bill No. 1058
36	40
37	41
38		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01058-
39		-	R01-SB.docx }
40		-	2 of 7
41	42
42		-	chairperson to serve temporarily as chairperson. 17
43		-	(f) The Board of Pardons and Paroles shall have independent 18
44		-	decision-making authority to (1) grant or deny parole in accordance 19
45		-	with sections 54-125, 54-125a, 54-125e and 54-125g, medical parole in 20
46		-	accordance with the provisions of sections 54-131a to 54-131g, inclusive, 21
47		-	as amended by this act, or compassionate parole in accordance with the 22
48		-	provisions of section 54-131k, as amended by this act, (2) establish 23
49		-	conditions of parole, medical parole, compassionate parole or special 24
50		-	parole supervision in accordance with section 54-126, (3) rescind or 25
51		-	revoke parole, medical parole, compassionate parole or special parole 26
52		-	in accordance with sections 54-127, as amended by this act, and 54-128, 27
53		-	as amended by this act, (4) grant commutations of punishment or 28
54		-	releases, conditioned or absolute, in the case of any person convicted of 29
55		-	any offense against the state and commutations from the penalty of 30
56		-	death in accordance with section 54-130a, (5) discharge any person on 31
57		-	parole, medical parole or compassionate parole or inmate eligible for 32
58		-	parole from the custody of the Commissioner of Correction pursuant to 33
59		-	section 54-129, and (6) terminate special parole in accordance with 34
60		-	section 54-129. 35
61		-	Sec. 2. Section 54-127 of the general statutes is repealed and the 36
62		-	following is substituted in lieu thereof (Effective October 1, 2021): 37
63		-	The request of the Commissioner of Correction or any officer of the 38
64		-	Department of Correction so designated by the commissioner, or of the 39
65		-	Board of Pardons and Paroles or its chairman shall be sufficient warrant 40
66		-	to authorize any officer of the Department of Correction or any officer 41
67		-	authorized by law to serve criminal process within this state, to return 42
68		-	any convict or inmate on parole, medical parole or compassionate 43
69		-	parole into actual custody; and any such officer, police officer, constable 44
70		-	or state marshal shall arrest and hold any parolee or inmate when so 45
71		-	requested, without any written warrant. 46
72		-	Sec. 3. Section 54-127a of the general statutes is repealed and the 47
73		-	following is substituted in lieu thereof (Effective October 1, 2021): 48 Substitute Bill No. 1058
	43	+	LCO No. 5235 2 of 4
	44	+
	45	+	served not less than one-half of such inmate's remaining definite or 15
	46	+	aggregate sentence after commutation of the original sentence by the 16
	47	+	Board of Pardons and Paroles. 17
	48	+	(b) Notwithstanding any provision of the general statutes, during a 18
	49	+	major disaster or an emergency declaration by the President of the 19
	50	+	United States covering any part of the state, or an emergency declaration 20
	51	+	issued by the Governor, that shall include, but need not be limited to, 21
	52	+	those declarations issued concerning the COVID-19 pandemic, any 22
	53	+	other disease epidemic or public health emergency or a natural disaster, 23
	54	+	a panel of the Board of Pardons and Paroles may grant a compassionate 24
	55	+	parole release to any inmate serving any sentence of imprisonment, 25
	56	+	except an inmate convicted of a capital felony under the provisions of 26
	57	+	section 53a-54b in effect prior to April 25, 2012, or murder with special 27
	58	+	circumstances under the provisions of section 53a-54b in effect on or 28
	59	+	after April 25, 2012, at any time during the term of such inmate's 29
	60	+	sentence, if that panel finds that (1) circumstances exist which pose a 30
	61	+	higher risk of harm to such inmate should he or she remain confined, 31
	62	+	and (2) such inmate presents a reduced risk of presenting any danger to 32
	63	+	society. 33
	64	+	(c) For purposes of this section, "COVID-19" means the respiratory 34
	65	+	disease designated by the World Health Organization on February 11, 35
	66	+	2020, as coronavirus 2019, and any related mutation thereof recognized 36
	67	+	by said organization as a communicable respiratory disease. 37
	68	+	[(b) Any person granted a compassionate parole release pursuant to 38
	69	+	this section shall be released subject to such terms and conditions as may 39
	70	+	be established by the Board of Pardons and Paroles and shall be 40
	71	+	supervised by the Department of Correction.] 41
	72	+	Sec. 2. Section 18-81nn of the general statutes is repealed and the 42
	73	+	following is substituted in lieu thereof (Effective from passage): 43
	74	+	(a) Any correction officer who witnesses another correction officer 44
	75	+	use what the witnessing correction officer objectively knows to be 45
	76	+	excessive or illegal use of force shall intervene and attempt to stop such 46 Raised Bill No. 1058
74	77
75	78
76		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01058-
77		-	R01-SB.docx }
78		-	3 of 7
79	79
80		-	All parole revocation and rescission hearings shall be conducted by 49
81		-	an employee of the Board of Pardons and Paroles. The parole of a person 50
82		-	who has been allowed to go on parole in accordance with subsection (a) 51
83		-	of section 54-125a or section 54-125g, or sections 54-131a to 54-131g, 52
84		-	inclusive, as amended by this act, or section 54-131k, as amended by this 53
85		-	act, or who has been sentenced to a period of special parole in 54
86		-	accordance with subdivision (9) of subsection (b) of section 53a-28, shall 55
87		-	be revoked or rescinded if, after such hearing, the employee 56
88		-	recommends such revocation or rescission and such recommendation is 57
89		-	approved by at least two members of a panel of the board. 58
90		-	Sec. 4. Subsection (a) of section 54-128 of the general statutes is 59
91		-	repealed and the following is substituted in lieu thereof (Effective October 60
92		-	1, 2021): 61
93		-	(a) Any paroled inmate, including an inmate allowed to go on parole 62
94		-	pursuant to sections 54-131a to 54-131g, inclusive, as amended by this 63
95		-	act, or section 54-131k, as amended by this act, who has been returned 64
96		-	to any institution of the Department of Correction for violation of such 65
97		-	inmate's parole may be retained in a correctional institution for a period 66
98		-	equal to the unexpired portion of the term of such inmate's sentence at 67
99		-	the date of the request or order for such inmate's return less any 68
100		-	commutation or diminution of such inmate's sentence earned, except 69
101		-	that the Board of Pardons and Paroles may, in its discretion, determine 70
102		-	that such inmate shall forfeit any or all of such earned time, or may be 71
103		-	again paroled by said board. 72
104		-	Sec. 5. Section 54-131a of the general statutes is repealed and the 73
105		-	following is substituted in lieu thereof (Effective October 1, 2021): 74
106		-	[The] A panel of the Board of Pardons and Paroles may determine, in 75
107		-	accordance with sections 54-131a to 54-131g, inclusive, as amended by 76
108		-	this act, when and under what conditions an inmate serving any 77
109		-	sentence of imprisonment may be released on medical parole. 78
110		-	Sec. 6. Section 54-131b of the general statutes is repealed and the 79 Substitute Bill No. 1058
	80	+	LCO No. 5235 3 of 4
111	81
112		-
113		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01058-
114		-	R01-SB.docx }
115		-	4 of 7
116		-
117		-	following is substituted in lieu thereof (Effective October 1, 2021): 80
118		-	[The] A panel of the Board of Pardons and Paroles may release on 81
119		-	medical parole any inmate serving any sentence of imprisonment, 82
120		-	except an inmate convicted of a capital felony under the provisions of 83
121		-	section 53a-54b in effect prior to April 25, 2012, or murder with special 84
122		-	circumstances under the provisions of section 53a-54b in effect on or 85
123		-	after April 25, 2012, who has been diagnosed pursuant to section 54-131c 86
124		-	as suffering from a terminal condition, disease or syndrome, and is so 87
125		-	debilitated or incapacitated by such condition, disease or syndrome as 88
126		-	to be physically incapable of presenting a danger to society. 89
127		-	Notwithstanding any provision of the general statutes to the contrary, 90
128		-	the Board of Pardons and Paroles may release such inmate at any time 91
129		-	during the term of such inmate's sentence. 92
130		-	Sec. 7. Section 54-131k of the general statutes is repealed and the 93
131		-	following is substituted in lieu thereof (Effective October 1, 2021): 94
132		-	(a) The Board of Pardons and Paroles may grant a compassionate 95
133		-	parole release to any inmate serving any sentence of imprisonment, 96
134		-	except an inmate convicted of a capital felony under the provisions of 97
135		-	section 53a-54b in effect prior to April 25, 2012, or murder with special 98
136		-	circumstances under the provisions of section 53a-54b in effect on or 99
137		-	after April 25, 2012, if [it] the panel finds that such inmate (1) is so 100
138		-	physically or mentally debilitated, incapacitated or infirm as a result of 101
139		-	advanced age or as a result of a condition, disease or syndrome that is 102
140		-	not terminal as to [be physically incapable of presenting a] present a 103
141		-	significantly reduced risk of danger to society, and (2) (A) has served 104
142		-	not less than one-half of such inmate's definite or aggregate sentence, or 105
143		-	(B) has served not less than one-half of such inmate's remaining definite 106
144		-	or aggregate sentence after commutation of the original sentence by the 107
145		-	Board of Pardons and Paroles. 108
146		-	(b) (1) During a major disaster or an emergency declaration by the 109
147		-	President of the United States covering any part of the state, or an 110
148		-	emergency declaration issued by the Governor, that shall include, but 111 Substitute Bill No. 1058
149		-
150		-
151		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01058-
152		-	R01-SB.docx }
153		-	5 of 7
154		-
155		-	need not be limited to, those declarations issued concerning the COVID-112
156		-	19 pandemic, any other disease epidemic or public health emergency or 113
157		-	a natural disaster, a panel of the Board of Pardons and Paroles may grant 114
158		-	a compassionate parole release to any inmate serving any sentence of 115
159		-	imprisonment, except an inmate convicted of a capital felony under the 116
160		-	provisions of section 53a-54b in effect prior to April 25, 2012, or murder 117
161		-	with special circumstances under the provisions of section 53a-54b in 118
162		-	effect on or after April 25, 2012, at any time during the term of such 119
163		-	inmate's sentence, if the panel finds circumstances exist which pose a 120
164		-	higher risk of harm to such inmate should he or she remain confined. 121
165		-	(2) For purposes of this subsection, "COVID-19" means the 122
166		-	respiratory disease designated by the World Health Organization on 123
167		-	February 11, 2020, as coronavirus 2019, and any related mutation thereof 124
168		-	recognized by said organization as a communicable respiratory disease. 125
169		-	[(b)] (c) Any person granted a compassionate parole release pursuant 126
170		-	to this section shall be released subject to such terms and conditions as 127
171		-	may be established by the Board of Pardons and Paroles and [shall be 128
172		-	supervised by the Department of Correction] the rules and regulations 129
173		-	established pursuant to section 54-126. 130
174		-	(d) The chairperson of the Board of Pardons and Paroles may appoint 131
175		-	a special panel to implement the provisions of this section and review 132
176		-	and decide requests for compassionate parole under this section on an 133
177		-	emergency basis, and in all cases shall act in as expeditious a manner as 134
178		-	possible. 135
179		-	(e) The provisions of this section shall not affect an inmate's eligibility 136
180		-	for any other form of parole or release provided by law. 137
181		-	Sec. 8. Section 18-81nn of the general statutes is repealed and the 138
182		-	following is substituted in lieu thereof (Effective from passage): 139
183		-	(a) Any correction officer who witnesses another correction officer 140
184		-	use what the witnessing correction officer objectively knows to be 141
185		-	excessive or illegal use of force shall intervene and attempt to stop such 142 Substitute Bill No. 1058
186		-
187		-
188		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01058-
189		-	R01-SB.docx }
190		-	6 of 7
191		-
192		-	other correction officer from using such force. Any correction officer 143
193		-	who fails to intervene in such an incident may be prosecuted and 144
194		-	punished in accordance with the provisions of section 53a-8 for the same 145
195		-	acts as the correction officer who used unreasonable, excessive or illegal 146
196		-	force. 147
197		-	(b) Any correction officer who witnesses another correction officer 148
198		-	use what the witnessing correction officer objectively knows to be 149
199		-	unreasonable, excessive or illegal use of force or is otherwise aware of 150
200		-	such use of force by another correction officer shall report, as soon as is 151
201		-	practicable, such use of force to the witnessing correction officer's 152
202		-	immediate supervisor. Such supervisor shall immediately report such 153
203		-	use of force to the immediate supervisor of the correction officer who is 154
204		-	reported to have used such force. Any correction officer required to 155
205		-	report such an incident who fails to do so may be prosecuted and 156
206		-	punished in accordance with the provisions of sections 53a-165 to 53a-157
207		-	167, inclusive. 158
208		-	(c) The Department of Correction or any employee of the department 159
209		-	shall not take any retaliatory personnel action or discriminate against a 160
210		-	correction officer because such correction officer intervened in an 161
211		-	incident pursuant to subsection (a) of this section or reported an incident 162
212		-	pursuant to subsection (b) of this section. Such intervening or reporting 163
213		-	correction officer shall be protected by the provisions of section 4-61dd 164
214		-	or 31-51m, as applicable. 165
	82	+	other correction officer from using such force. Any correction officer 47
	83	+	who fails to intervene in such an incident may be prosecuted and 48
	84	+	punished in accordance with the provisions of section 53a-8 for the same 49
	85	+	acts as the correction officer who used unreasonable, excessive or illegal 50
	86	+	force. 51
	87	+	(b) Any correction officer who witnesses another correction officer 52
	88	+	use what the witnessing correction officer objectively knows to be 53
	89	+	unreasonable, excessive or illegal use of force or is otherwise aware of 54
	90	+	such use of force by another correction officer shall report, as soon as is 55
	91	+	practicable, such use of force to the witnessing correction officer's 56
	92	+	immediate supervisor. Such supervisor shall immediately report such 57
	93	+	use of force to the immediate supervisor of the correction officer who is 58
	94	+	reported to have used such force. Any correction officer required to 59
	95	+	report such an incident who fails to do so may be prosecuted and 60
	96	+	punished in accordance with the provisions of sections 53a-165 to 53a-61
	97	+	167, inclusive. 62
	98	+	(c) The Department of Correction or any employee of the department 63
	99	+	shall not take any retaliatory personnel action or discriminate against a 64
	100	+	correction officer because such correction officer intervened in an 65
	101	+	incident pursuant to subsection (a) of this section or reported an incident 66
	102	+	pursuant to subsection (b) of this section. Such intervening or reporting 67
	103	+	correction officer shall be protected by the provisions of section 4-61dd 68
	104	+	or 31-51m, as applicable. 69
215	105		This act shall take effect as follows and shall amend the following
216	106		sections:
217	107
218		-	Section 1 October 1, 2021 54-124a(e) and (f)
219		-	Sec. 2 October 1, 2021 54-127
220		-	Sec. 3 October 1, 2021 54-127a
221		-	Sec. 4 October 1, 2021 54-128(a)
222		-	Sec. 5 October 1, 2021 54-131a
223		-	Sec. 6 October 1, 2021 54-131b
224		-	Sec. 7 October 1, 2021 54-131k
225		-	Sec. 8 from passage 18-81nn Substitute Bill No. 1058
	108	+	Section 1 October 1, 2021 54-131k
	109	+	Sec. 2 from passage 18-81nn
	110	+
	111	+	Statement of Purpose:
	112	+	To modify standards used by the Board of Pardons and Paroles to
	113	+	determine when an inmate may be eligible for compassionate parole
	114	+	release and to clarify that whistle blower protections apply to staff of the Raised Bill No. 1058
226	115
227	116
228		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01058-
229		-	R01-SB.docx }
230		-	7 of 7
231	117
	118	+	LCO No. 5235 4 of 4
232	119
233		-	Statement of Legislative Commissioners:
234		-	In Section 1(e)(1), the new language was moved for clarity, and in
235		-	Section 7, Subsecs. (b) and (c) were made Subsecs. (b)(1) and (2) and the
236		-	remaining Subsecs. were renumbered and the notwithstanding
237		-	language was deleted for accuracy and to conform with standard
238		-	drafting conventions.
239		-
240		-	JUD Joint Favorable Subst.
	120	+	Department of Correction who report suspected unlawful uses of force
	121	+	by other staff members.
	122	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	123	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	124	+	underlined.]
241	125