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General Assembly Raised Bill No. 1059
January Session, 2021
LCO No. 5446
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E CORRECTION ACCOUNT ABILITY
COMMISSION, THE OFFICE OF THE CORRECTION OMBUDS, T HE
USE OF ISOLATED CONF INEMENT, SECLUSION AND RESTRAINTS,
SOCIAL CONTACTS FOR INCARCERATED PERSONS AND
TRAINING AND WORKERS ' COMPENSATION BENEF ITS FOR
CORRECTION OFFICERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) There is established a 1
Correction Accountability Commission. 2
(b) The commission shall consist of nine members as follows: (1) Two 3
appointed by the majority leader of the Senate, one of whom shall be 4
directly impacted; (2) two appointed by the minority leader of the 5
Senate, one of whom must be directly impacted; (3) one appointed by 6
the minority leader of the House of Representatives; (4) one appointed 7
by the minority leader of the House of Representatives; and (5) three 8
appointed by the Governor, two of whom shall be directly impacted. 9
The commission shall select a chairperson who shall preside at meetings 10
of the committee. No member of the commission shall be a person who 11
is a volunteer for or is employed by the Department of Correction or any 12 Raised Bill No. 1059
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other entity subject to the review of, or evaluation or monitoring by the 13
Office of the Correction Ombuds pursuant to section 18-81jj of the 14
general statutes, as amended by this act, or a communicator lobbyist 15
who pursuant to such lobbyist's registration under chapter 10 of the 16
general statutes, lobbies on behalf of the department or any such entity. 17
Each member of the advisory committee shall serve a term of five years 18
and may be reappointed at the conclusion of such term. All initial 19
appointments to the commission shall be made not later than August 1, 20
2021. Each member of the advisory committee shall serve a five-year 21
term from July first of the year of their appointment. Any vacancy in the 22
membership of the committee shall be filled by the appointing authority 23
for the unexpired portion of the term. 24
(c) For purposes of this section, "directly impacted" means a person 25
who is currently or formerly incarcerated, or the family member of a 26
person who is currently or formerly incarcerated. 27
(d) The commission shall (1) prepare a list of candidates for the 28
position of Correction Ombuds, pursuant to section 18-81jj of the 29
general statutes, as amended by this act, (2) review the Correction 30
Ombuds' performance pursuant to section 18-81jj of the general statutes, 31
as amended by this act, (3) bring appropriate matters to the Correction 32
Ombuds' attention, (4) accompany the Correction Ombuds on tours of 33
correctional facilities, and (5) consult with the Correction Ombuds on 34
systemic reforms. 35
Sec. 2. Section 18-81jj of the general statutes is repealed and the 36
following is substituted in lieu thereof (Effective October 1, 2021): 37
(a) (1) There is, within the Office of Governmental Accountability 38
established under section 1-300, the Office of the Correction Ombuds for 39
the provision of ombuds services. 40
[(a)] (2) For [the] purposes of this section, ["ombudsman services"] 41
"ombuds services" includes: 42
[(1) the receipt of] (A) Evaluating the delivery of services to 43 Raised Bill No. 1059
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incarcerated persons by the Department of Correction, its contractors 44
and other entities that provide services to people detained in 45
correctional institutions or halfway houses through funding provided 46
by the state; 47
(B) Reviewing periodically the procedures established by the 48
Department of Correction to carry out the provisions of title 18 with a 49
view toward the rights of incarcerated persons; 50
(C) Receiving complaints [by the ombudsman] from persons 51
[eighteen years of age or younger] in the custody of the Commissioner 52
of Correction regarding decisions, actions, omissions, policies, 53
procedures, rules or regulations of the Department of Correction; [,] 54
[(2) investigating] (D) Investigating such complaints, rendering a 55
decision on the merits of each complaint and communicating the 56
decision to the complainant; [, (3) recommending] 57
(E) Recommending to the commissioner a resolution of any 58
complaint found to have merit; [, (4)] 59
(F) Reviewing facilities and procedures employed at such facilities 60
where a person may be housed who is in the custody of the 61
commissioner; 62
(G) Providing assistance including, but not limited to, advocating 63
with a department or service provider or others on behalf of the 64
incarcerated person; 65
[recommending] (H) Recommending procedure and policy revisions 66
to the department [, and (5) publishing] and the Correction 67
Accountability Commission established pursuant to section 1 of this act; 68
(I) Taking all possible actions, including, but not limited to, 69
conducting programs of public education, undertaking legislative 70
advocacy and making proposals for systemic reform and formal legal 71
action, in order to secure and ensure the rights of persons under the 72
custody of the commissioner; and 73 Raised Bill No. 1059
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(J) Publishing a quarterly report of all [ombudsman] ombuds services 74
and activities. 75
(b) [The Commissioner of Correction shall hire a person to provide 76
ombudsman services and shall annually report the name of such person 77
to the joint standing committee of the General Assembly having 78
cognizance of matters relating to the Department of Correction in 79
accordance with the provisions of section 11-4a. In addition to the 80
executive assistant positions authorized under subdivision (10) of 81
section 5-198, the commissioner may hire an executive assistant to carry 82
out the duties of this section.] (1) Not later than October 1, 2021, and 83
upon any vacancy in the position of Correction Ombuds, the Correction 84
Accountability Commission established pursuant to section 1 of this act 85
shall submit to the Governor a list of not fewer than three and not more 86
than five persons qualified by training and experience to perform and 87
lead the office of Correction Ombuds. Such list shall rank the candidates 88
in the order of commission preference. Not later than eight weeks after 89
receiving the list of candidates from the commission, the Governor shall 90
designate a candidate for Correction Ombuds from among the choices 91
on such list. If at any time any of the candidates withdraw from 92
consideration prior to confirmation by the General Assembly, the 93
designation shall be made from the remaining candidates on the list 94
submitted to the Governor. If, not later than eight weeks after receiving 95
the list, the Governor fails to designate a candidate from the list, the 96
candidate ranked first shall receive the designation and be referred to 97
the General Assembly for confirmation. If the General Assembly is not 98
in session, the designated candidate shall serve as acting Correction 99
Ombuds and be entitled to the compensation, privileges and powers of 100
the Correction Ombuds until the General Assembly meets to take action 101
on said appointment. 102
(2) The person appointed as Correction Ombuds shall serve for an 103
initial term of two years and may be reappointed for an additional term 104
two years upon review and approval by majority vote by the Correction 105
Accountability Commission. 106 Raised Bill No. 1059
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(3) Upon any vacancy in the position of Correction Ombuds and until 107
such time as a candidate has been confirmed by the General Assembly 108
or, if the General Assembly is not in session, has been designated by the 109
Governor, the Associate Correction Ombuds shall serve as the acting 110
Correction Ombuds and be entitled to the compensation, privileges and 111
powers of the Correction Ombuds. 112
(4) Notwithstanding any other provision of the general statutes, the 113
Correction Ombuds shall act independently of any department in the 114
performance of the office's duties. 115
(5) The Correction Ombuds may, within available funds, appoint 116
such staff as may be deemed necessary. The duties of the staff may 117
include the duties and powers of the Correction Ombuds if performed 118
under the direction of the Correction Ombuds. 119
(6) The General Assembly shall annually appropriate such sums as 120
necessary for the payment of the salaries of the staff and for the payment 121
of office expenses and other actual expenses incurred by the Correction 122
Ombuds in the performance of his or her duties. Any legal or court fees 123
obtained by the state in actions brought by the Correction Ombuds shall 124
be deposited in the General Fund. 125
(7) The Correction Ombuds shall annually submit, in accordance with 126
the provisions of section 11-4a to the Governor, the joint standing 127
committees of the General Assembly having cognizance of matters 128
relating to corrections, public health and human services and the 129
advisory committee established pursuant to section 1 of this act, a 130
detailed report analyzing the work of the Office of the Correction 131
Ombuds. 132
(c) Prior to any person [eighteen years of age or younger] in the 133
custody of the Commissioner of Correction obtaining [ombudsman] 134
ombuds services, such person shall have reasonably pursued a 135
resolution of the complaint through any existing internal grievance of 136
appellate procedures of the Department of Correction. 137 Raised Bill No. 1059
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(d) All oral and written communications, and records relating to such 138
communications between a person [eighteen years of age or younger] in 139
the custody of the Commissioner of Correction and the [ombudsman] 140
Correction Ombuds or a member of the [ombudsman's] Office of the 141
Correction Ombuds staff, including, but not limited to, the identity of a 142
complainant, the details of a complaint and the investigative findings 143
and conclusions of the [ombudsman] Correction Ombuds shall be 144
confidential and shall not be disclosed without the consent of the 145
person, except that the [ombudsman] Correction Ombuds may disclose 146
without the consent of the person (1) such communications or records 147
as may be necessary for the [ombudsman] Correction Ombuds to 148
conduct an investigation and support any recommendations the 149
ombudsman may make, or (2) the formal disposition of a person's 150
complaint when requested in writing by a court that is hearing such 151
person's application for a writ of habeas corpus that was filed 152
subsequent to an adverse finding by the [ombudsman] Correction 153
Ombuds on such person's complaint. 154
(e) Notwithstanding the provisions of subsection (d) of this section, 155
whenever in the course of providing [ombudsman] ombuds services, 156
the [ombudsman] Correction Ombuds or a member of the 157
[ombudsman's] Office of the Correction Ombuds staff becomes aware 158
of the commission or planned commission of a criminal act or a threat 159
to the health and safety of any person or the security of a correctional 160
facility, the [ombudsman] Correction Ombuds shall notify the 161
Commissioner of Correction or a facility administrator of such act or 162
threat and the nature and target of the act or threat. 163
(f) If the Commissioner of Correction has a reasonable belief that a 164
person [eighteen years of age or younger] in the custody of the 165
commissioner has made or provided to the [ombudsman] Correction 166
Ombuds an oral or written communication concerning a safety or 167
security threat within the Department of Correction or directed against 168
an employee of the department, the [ombudsman] Correction Ombuds 169
shall provide to the commissioner all oral or written communications 170
relevant to such threat. 171 Raised Bill No. 1059
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(g) Notwithstanding any provision of the general statutes concerning 172
the confidentiality of records and information, the Correction Ombuds 173
shall have access to, including the right to inspect and copy, any records 174
necessary to carry out the responsibilities of the Correction Ombuds as 175
provided in subsection (a) of this section. If the Correction Ombuds is 176
denied access to any records necessary to carry out said responsibilities, 177
he or she may issue a subpoena for the production of such records as 178
provided in subsection (i) of this section. 179
(h) In the performance of his or her responsibilities under subsection 180
(a) of this section, the Correction Ombuds may communicate privately 181
with any person in the custody of the commissioner. Such 182
communications shall be confidential. 183
(i) The Correction Ombuds may issue subpoenas to compel the 184
attendance and testimony of witnesses or the production of books, 185
papers and other documents and to administer oaths to witnesses in any 186
matter under his or her investigation. If any person to whom such 187
subpoena is issued fails to appear or, having appeared, refuses to give 188
testimony or fails to produce the evidence required, the Correction 189
Ombuds may apply to the superior court for the judicial district of 190
Hartford which shall have jurisdiction to order such person to appear 191
and give testimony or to produce such evidence, as the case may be. 192
(j) The Correction Ombuds may apply for and accept grants, gifts and 193
bequests of funds from other states, federal and interstate agencies and 194
independent authorities and private firms, individuals and foundations, 195
for the purpose of carrying out his or her responsibilities. There is 196
established within the General Fund a Correction Ombuds account 197
which shall be a separate nonlapsing account. Any funds received under 198
this subsection shall, upon deposit in the General Fund, be credited to 199
said account and may be used by the Correction Ombuds in the 200
performance of his or her duties. 201
(k) The name, address and other personally identifiable information 202
of a person who makes a complaint to the Correction Ombuds and all 203 Raised Bill No. 1059
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information obtained or generated by the office in the course of an 204
investigation and all confidential records obtained by the Correction 205
Ombuds or a designee shall be confidential and shall not be subject to 206
disclosure under the Freedom of Information Act or otherwise, except 207
that such information and records, other than confidential information 208
concerning a pending law enforcement investigation or a pending 209
prosecution, may be disclosed if the Correction Ombuds determines 210
that disclosure is (1) in the general public interest, or (2) necessary to 211
enable the Correction Ombuds to perform his or her responsibilities 212
under subsection (a) of this section. 213
(l) No state or municipal agency shall discharge, or in any manner 214
discriminate or retaliate against, any employee who in good faith makes 215
a complaint to the Correction Ombuds or cooperates with the Office of 216
the Correction Ombuds in an investigation. 217
(m) The state of Connecticut shall protect and hold harmless any 218
attorney, director, investigator, social worker or other person employed 219
by the Office of the Correction Ombuds and any volunteer appointed 220
by the Correction Ombuds from financial loss and expense, including 221
legal fees and costs, if any, arising out of any claim, demand or suit for 222
damages resulting from acts or omissions committed in the discharge of 223
his duties with the program within the scope of his or her employment 224
or appointment which may constitute negligence but which acts are not 225
wanton, malicious or grossly negligent as determined by a court of 226
competent jurisdiction. 227
(n) The Office of the Correction Ombuds shall conduct a study 228
regarding the conditions in the state's correctional facilities and halfway 229
houses. Not later than October 1, 2022, and annually thereafter, the 230
Correction Ombuds shall submit a report, in accordance with section 11-231
4a to the joint standing committee of the General Assembly having 232
cognizance of matters relating to corrections regarding the conditions of 233
confinement in the state's correctional facilities and halfway houses. 234
Sec. 3. Section 18-96b of the general statutes is repealed and the 235 Raised Bill No. 1059
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following is substituted in lieu thereof (Effective October 1, 2021): 236
(a) As used in this section: 237
(1) "Abuse" means any act or omission by a department employee or 238
a person working under a contract or as a volunteer with the 239
department who acts or fails to act knowingly, recklessly or 240
intentionally, each as defined in section 53a-3, and which act or omission 241
caused, or could have caused mental harm, physical injury or death to 242
an incarcerated person; 243
[(1)] (2) "Administrative segregation status" means the Department of 244
Correction's practice of placing an inmate on restrictive housing status 245
following a determination that such inmate can no longer be safely 246
managed within the general inmate population of the correctional 247
facility; [and] 248
(3) "Commissioner" means Commissioner of Correction; 249
(4) "De-escalation" means to effectively defuse a crisis without the use 250
of force by using tactics learned through training to recognize and 251
respond to emotions; 252
(5) "Department" means Department of Correction; 253
(6) "Form and phase of housing" means any status, restrictive or 254
otherwise, that an incarcerated person may experience while in the 255
custody of the commissioner; 256
(7) "Incarcerated person" means a person confined and in the custody 257
and care of the Commissioner of Correction, including those persons in 258
pretrial, presentencing or post-conviction confinement; 259
(8) "Isolated confinement" means confinement of an incarcerated 260
person in a cell, alone or with others, for more than sixteen hours per 261
day; 262
(9) "Life-threatening physical restraint" means any physical restraint 263 Raised Bill No. 1059
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or hold of a person that (A) restricts the flow of air into a person's lungs, 264
whether by chest compression or any other means, or (B) immobilizes 265
or reduces the free movement of a person's arms, legs or head while the 266
person is in the prone position; 267
(10) "Medical professional" means (A) A physician licensed under 268
chapter 370; (B) a physician assistant licensed under chapter 370; or (C) 269
an advanced practice registered nurse, registered nurse or practical 270
nurse licensed under chapter 378; 271
(11) "Member of a vulnerable population" means any incarcerated 272
person who: 273
(A) Is twenty-one years of age or younger, or sixty-five years of age 274
or older; 275
(B) Has a mental disability, as defined in section 53a-181i, a history of 276
psychiatric hospitalization, or has recently exhibited conduct, including, 277
but not limited to, self-mutilation; 278
(C) Has a developmental disability, as defined in section 17b-28; 279
(D) Has a serious medical condition that cannot be effectively treated 280
in isolated confinement; 281
(E) Is pregnant, is in the postpartum period, or has recently suffered 282
a miscarriage or terminated a pregnancy; or 283
(F) Has a significant auditory or visual impairment; 284
(12) "Neglect" means a negligent act or omission by any staff member 285
or volunteer which caused, or may have caused, injury or death to an 286
incarcerated person; 287
(13) "Pharmacological restraint" means a drug or medication when 288
used to manage a person's behavior or restrict a person's freedom of 289
movement and not as a standard treatment or administered in a dosage 290
appropriate for the patient's condition; 291 Raised Bill No. 1059
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(14) "Physician" means a physician, licensed pursuant to chapter 370; 292
(15) "Psychiatric emergency" means an event during which a person 293
poses a substantiated threat of imminent physical harm to himself or 294
herself or another person due to an acute disturbance of behavior, 295
thought or mood; 296
(16) "Physical Restraint" means any mechanical device used to control 297
the movement of an incarcerated person's body or limbs, including, but 298
not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black 299
box, leg irons, belly chains, a security chain or a convex shield, but does 300
not include any medical device or helmet, mitt or similar device used to 301
prevent self-injury when the device is part of a documented treatment 302
plan and is the least restrictive means available to prevent such self-303
injury; 304
(17) "Seclusion" means involuntary confinement of an incarcerated 305
person as a patient in a separate room, subject to close medical 306
supervision for the purpose of protecting the patient and others from 307
harm; 308
(18) "Serious incident" means any of the following: 309
(A) An attack on a department building or facility conducted from 310
outside of the building or facility; 311
(B) A significant breach of a department building or facility 312
perimeter; 313
(C) Possession of firearms, ammunition or explosives by an 314
incarcerated person or a visitor to a department building or facility; 315
(D) A death of an on-duty department employee, a person working 316
under a contract or as a volunteer with the department or a visitor to a 317
department building or facility or an unnatural death of an incarcerated 318
person; 319
(E) An injury to an on-duty department employee, a person working 320 Raised Bill No. 1059
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under a contract or as a volunteer with the department, a visitor to a 321
department building or facility or an incarcerated person that results in 322
admission to an acute care hospital; 323
(F) A riot or hostage situation at a department building or facility; 324
(G) A major fire at a department building or facility; 325
(H) A bomb threat directed at a department building or facility; 326
(I) A suspected bio-chemical contamination of a department building 327
or facility; 328
(J) Any suspected, attempted or confirmed escape of an incarcerated 329
person from a correctional facility or work detail or during transport, 330
including any such escape reported by a member of the public; 331
(K) Any incident requiring a unit to be placed on alert or mobilized 332
in response to an emergency at a department building or facility; 333
(L) An intentional or accidental discharge of a firearm at a 334
department building or facility, other than during training; 335
(M) Use of a category 2 chemical agent at a department building or 336
facility, as categorized in standards adopted by the federal Occupational 337
Safety and Health Administration, for purposes other than those 338
approved for building, facility or equipment maintenance; 339
(N) An event that seriously impacts normal operation of the 340
department such as a health emergency, power outage, any major 341
destruction or disablement of state property or an incident requiring an 342
unplanned lockdown of a department facility; 343
(O) A terrorist threat or intelligence of suspected terrorist activity; 344
(P) An instance of workplace violence or threat of workplace violence 345
in any workplace or as part of any work detail requiring the immediate 346
separation of incarcerated persons due to an imminent threat of 347
violence; 348 Raised Bill No. 1059
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(Q) A reported sexual abuse of an incarcerated person or a 349
department employee or a person working under a contract or as a 350
volunteer with the department committed on or by an incarcerated 351
person or a staff member or a person working as a volunteer with the 352
department, where there is immediate evidence or indication that sexual 353
abuse has occurred; or 354
(R) A suicide attempt by an incarcerated person requiring immediate 355
life-saving measures; REMOVE and integrate into one-time used; 356
(19) "Restraint" includes any pharmacological restraint, physical 357
restraint or soft restraint; 358
[(2)] (20) "Restrictive housing status" means [the designation of an 359
inmate by the Department of Correction that provides for closely 360
regulated management and separation of such inmate from other 361
inmates.] any classification that requires closely regulated management 362
and separation of an incarcerated person and includes, but is not limited 363
to, following correctional statuses: Administrative segregation, punitive 364
segregation, transfer detention, administrative detention, security risk 365
group, chronic discipline, special needs and protective custody; 366
(21) "Soft restraint" means any physical restraint constructed of 367
padded, quilted or pliable materials, but does not include, flex cuffs, 368
handcuffs, a black box, leg irons, a belly chain or a security chain; 369
(22) "Staff member" means an employee, contractor or subcontractor 370
of the department; 371
(23) "Therapist" means any (A) physician licensed pursuant to 372
chapter 370 who specializes in psychiatry, (B) psychologist or 373
professional counselor licensed pursuant to chapter 383, (C) marital and 374
family therapist licensed pursuant to chapter 383a, or (D) clinical social 375
worker or master social worker licensed pursuant to chapter 383b; 376
(24) "Unique individual" means a person who, for data collection 377
purposes, is associated with a unique identifier that is anonymized; and 378 Raised Bill No. 1059
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(25) "Use of force" means the use of physical force or deadly physical 379
force, as defined in section 53a-3, by a staff member to compel 380
compliance by an incarcerated person. "Use of force" includes, but is not 381
limited to, the use of restraints, chemical agents, canines, chokeholds or 382
munitions or forceable extraction from a cell. 383
(b) (1) Each incarcerated person shall have the opportunity to be 384
outside of his or her cell for at least eight hours each day, except in the 385
case of an incarcerated person held in seclusion pursuant to subsection 386
(d) of this section or except as provided in subdivisions (1) and (2) of 387
this subsection and in response to (A) a serious incident resulting in a 388
correctional facility-wide lockdown, (B) a substantiated threat of 389
imminent physical harm to another person as evidenced by recent 390
conduct; or (C) an incarcerated person's request for segregation for such 391
person's protection. 392
(2) Prior to holding any incarcerated person in isolated confinement 393
in response to subparagraph (A), (B) or (C) of subdivision (1) of this 394
subsection, (A) a physician shall personally conduct a physical 395
examination and a therapist shall personally conduct a mental health 396
evaluation to determine whether such person is a member of a 397
vulnerable population, and (B) the department shall attempt to defuse 398
the instant situation by using de-escalation methods and less restrictive 399
measures. Only if such methods and measures fail to defuse the instant 400
situation may the department hold a person in isolated confinement. 401
(3) If holding an incarcerated person in isolated confinement, the 402
department shall: 403
(A) Ensure continuous monitoring to ensure the person's safety and 404
well-being; 405
(B) Ensure that any person held in isolated confinement shall have 406
sufficient and regular access to toilets, water, food, light, air and heat; 407
(C) Continue de-escalation efforts; and 408 Raised Bill No. 1059
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(D) End isolated confinement of the person as soon as threat of the 409
serious incident or imminent physical harm to others has passed or such 410
person no longer requests segregation for such person's protection. 411
(4) The department shall not subject any incarcerated person to 412
isolated confinement (A) because of the incarcerated person's race, 413
creed, color, national origin, nationality, ancestry, age, marital status, 414
domestic partnership or civil union status, affectional or sexual 415
orientation, genetic information, pregnancy or breastfeeding status, sex, 416
gender identity or expression, disability or atypical hereditary cellular 417
or blood trait, or (B) for any period longer than seventy-two hours, or 418
for more than seventy-two hours during any fourteen-day period. 419
(5) No staff member with a rank lower than captain may order an 420
incarcerated person to be held in isolated confinement. A staff member 421
with a rank of captain or higher or the commissioner or deputy 422
commissioner may order an incarcerated person to be held in isolated 423
confinement for an initial period of not more than eight hours. Only a 424
staff member with a rank of deputy warden or warden or the 425
commissioner or deputy commissioner may order the continuation of a 426
period of isolated confinement in increments of no more than eight 427
hours and not more than a total of forty-eight hours. Only the 428
commissioner or deputy commissioner may order the continuation of a 429
period of isolated confinement of not more than a total of seventy-two 430
hours. 431
(c) (1) The department shall not subject an incarcerated person to the 432
use of (A) life-threatening restraints, (B) pharmacological restraints, 433
except as provided in subsection (d) of this section, or (C) physical 434
restraints except as provided in subdivisions (2) and (3) of this 435
subsection for the purpose of (i) transporting the incarcerated person 436
between units or outside the correctional facility, or (ii) responding to a 437
substantiated threat of imminent physical harm to another person as 438
evidenced by recent conduct. 439
(2) Prior to subjecting any incarcerated person to the use of physical 440 Raised Bill No. 1059
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restraints pursuant to clause (ii) of subparagraph (C) of subdivision (1) 441
of this subsection and subdivision (3) of this subsection, the department 442
shall attempt to defuse the instant situation by using de-escalation 443
methods and less restrictive measures. Only if such methods and 444
measures fail to defuse the instant situation may the department subject 445
a person to the use of physical restraints, except as restricted pursuant 446
to section 18-69c. 447
(3) If subjecting an incarcerated person to physical restraints 448
pursuant to clause (ii) of subparagraph (C) of subdivision (1) of this 449
subsection, the department shall: 450
(A) Ensure continuous monitoring to ensure the person's safety and 451
well-being, including requiring a medical professional to check the 452
imposition of restraints and every two hours thereafter to ensure 453
adequate circulation and range of movement to avoid pain and to 454
permit the incarcerated person to perform necessary bodily functions, 455
including breathing, eating, drinking, standing, lying down, sitting and 456
using the toilet; 457
(B) Ensure that no physical restraints are imposed upon an 458
incarcerated inmate who is showering or exercising; 459
(C) Continue de-escalation efforts; and 460
(D) End the use of physical restraints on the incarcerated person as 461
soon as threat of the serious incident or imminent physical harm to 462
others has passed. 463
(4) No staff member with a rank lower than captain may subject an 464
incarcerated person to the use of physical restraints. A staff member 465
with a rank of captain or higher may order an incarcerated person to be 466
subjected to the use of physical restraints for an initial period of not 467
more than two hours. Only a staff member with a rank of deputy 468
warden or warden or the commissioner or deputy commissioner may 469
order the use of physical restraints upon such person for an additional 470
period of not more than two hours, provided no incarcerated person is 471 Raised Bill No. 1059
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subjected to physical restraints for more than four hours in any twenty-472
four-hour period. 473
(d) (1) The department may subject an incarcerated person to the use 474
of seclusion or restraints in response to a psychiatric emergency 475
pursuant to subdivisions (2) and (3) of this subsection, provided a 476
therapist attempts to defuse the instant situation by using de-escalation 477
methods and less restrictive measures and such methods and measures 478
fail to defuse the instant situation. 479
(2) If subjecting an incarcerated person to seclusion or restraints in 480
response to a psychiatric emergency pursuant to this subsection, the 481
department shall: 482
(A) Ensure any such seclusion occurs or restraints are imposed only 483
within medical units of the correctional facility; 484
(B) Ensure that the only restraints employed are soft restraints or 485
pharmacological restraints; 486
(C) Ensure that no soft restraints be employed if pharmacological 487
restraints have already alleviated the risk of a serious incident or 488
imminent physical harm and that no pharmacological restraints may be 489
administered if soft restraints have alleviated such risk; 490
(D) Ensure a medical professional checks the imposition of restraints 491
and every two hours thereafter to ensure adequate circulation and range 492
of movement to avoid pain and that a medical professional continually 493
monitors through direct observation of the person while such person is 494
subject to restraints under this subsection; 495
(E) Continue de-escalation efforts; and 496
(F) End the use of seclusion or restraints on the incarcerated person 497
as soon as threat of the serious incident or imminent physical harm has 498
passed. 499
(3) Only a therapist may order an incarcerated person to be subjected 500 Raised Bill No. 1059
LCO No. 5446 18 of 33
to the use of restraints pursuant to this subsection. After an in-person 501
evaluation by a therapist of an incarcerated person and a determination 502
by the therapist that restraints are necessary to prevent a substantiated 503
threat of imminent physical harm by an incarcerated person to 504
themselves or others due to an acute disturbance of behavior, thought 505
or mood, the therapist may order such person to be subjected to 506
restraints for an initial period of not more than two hours. A therapist 507
may only order an incarcerated person to be subjected for an additional 508
period of restraint that is not longer than two hours if such therapist, 509
after an in-person evaluation, determines that restraints remain 510
necessary to prevent a substantiated threat of imminent physical harm 511
by an incarcerated person to themselves or others due to an acute 512
disturbance of behavior, thought or mood. 513
(4) The department shall develop standards to enable staff members 514
to determine whether the use of restraints or seclusion is 515
contraindicated for each incarcerated person, based on such person's 516
medical and psychiatric status. The department shall inform each 517
incarcerated person of their restraint or seclusion status and shall 518
maintain such person's restraint or seclusion status in a place easily 519
visible to staff members in the event of an emergency response. 520
(e) (1) Any time the department restrains or confines a person 521
pursuant to subsection (b), (c) or (d) of this section, the department shall: 522
(A) Video and audio record each such incident from the moment the 523
use of restraints or confinement is imposed until the conclusion of such 524
usage; and 525
(B) Document de-escalation methods attempted, the cause for 526
imposition of use of restraints or confinement, the method and duration 527
of restraints, if used. 528
(2) The department shall retain any video or audio record or 529
document created pursuant to subdivision (1) of this subsection for a 530
period of not less than five years from the moment of its creation. 531 Raised Bill No. 1059
LCO No. 5446 19 of 33
[(b)] (f) The Department of Correction shall publish on its Internet 532
web site (1) the formula for calculating an inmate's mental health score, 533
[and] (2) a description of any form and phase of housing employed at 534
any of its correctional facilities for [inmates on restrictive housing status] 535
incarcerated persons held in isolated confinement, (3) any report 536
pursuant to subsection (g) of this section, and (4) data used in such 537
report in a downloadable, sortable format. 538
[(c)] (g) The Department of Correction shall at least annually submit 539
to the Criminal Justice Policy and Planning Division established under 540
section 4-68m a report containing as [aggregated] disaggregated and 541
anonymized the following data: 542
(1) The number of [inmates on restrictive housing status] incarcerated 543
persons in isolated confinement in this state's correctional facilities, as 544
of the first day of each of the twelve months preceding the date of the 545
submission of the report [. The department shall report and 546
disaggregate such data based on an inmate's age, gender identity, 547
ethnicity, mental health score as calculated by the department, if any, 548
and the form and phase of housing in which such inmate is held on 549
restrictive housing status] and the total number of persons subjected to 550
isolated confinement during the twelve months preceding the date of 551
submission of the report; 552
[(2) The number of inmates on administrative segregation status who 553
have spent the following cumulative durations of time on 554
administrative segregation status: 555
(A) One to fifteen days; 556
(B) Sixteen to thirty days; 557
(C) Thirty-one to one hundred eighty days; 558
(D) One hundred eighty-one to three hundred sixty-five days; 559
(E) Three hundred sixty-six to seven hundred thirty days; 560 Raised Bill No. 1059
LCO No. 5446 20 of 33
(F) Seven hundred thirty-one to one thousand ninety-five days; 561
(G) One thousand ninety-six to one thousand four hundred sixty 562
days; 563
(H) One thousand four hundred sixty-one to one thousand eight 564
hundred twenty-five days; 565
(I) One thousand eight hundred twenty-six to two thousand one 566
hundred ninety days; 567
(J) Two thousand one hundred ninety-one to two thousand five 568
hundred fifty-five days; 569
(K) Two thousand five hundred fifty-six to two thousand nine 570
hundred twenty days; 571
(L) Two thousand nine hundred twenty-one to three thousand two 572
hundred eighty-five days; 573
(M) Three thousand two hundred eighty-six to three thousand six 574
hundred fifty days; and 575
(N) More than three thousand six hundred fifty days; 576
(3) For each correctional facility, the number of inmates who, during 577
the twelve months preceding the date of the submission of the report, 578
spent more than fifteen days, cumulative, on administrative segregation 579
status. The department shall report and disaggregate such data based 580
on an inmate's age, gender identity, ethnicity, mental health score as 581
calculated by the department, if any, and the form and phase of 582
restricted housing in which such inmate is held;] 583
(2) A list of unique individuals in the custody of the department in 584
the twelve months preceding the date of the submission of the report 585
subjected to any form of isolated confinement. The list shall include the 586
following information for each person: Age, gender identity, ethnicity, 587
reason for placement in isolation, total number of days spent in isolated 588 Raised Bill No. 1059
LCO No. 5446 21 of 33
confinement in the previous calendar year, total number of days spent 589
in isolated confinement over the course of the entire period of 590
incarceration, specific restrictive housing status, if any, and mental 591
health score as calculated by the department, if any; 592
(3) A list of unique individuals in the custody of the department in 593
the twelve months preceding the date of the submission of the report 594
subjected to restraints. The list shall include the following information 595
for each person: Age, gender identity, ethnicity, total number of hours 596
spent in restraints in the previous calendar year, specific restrictive 597
housing status, if any, and mental health score as calculated by the 598
department, if any; 599
(4) The number of incidents, broken down by correctional facility, for 600
each of the following in the previous calendar year and categorized as: 601
(A) Suicides; 602
(B) Attempted suicides; 603
(C) Self-harm; 604
(D) Use of force by staff members against incarcerated persons; 605
(E) Assaults by incarcerated persons on staff members; and 606
(F) Assaults between incarcerated persons. 607
(5) The number of incarcerated persons subjected to more than 608
seventy-two hours of isolated confinement in the previous calendar year 609
as categorized by the following periods of time: 610
(A) Up to fifteen days; 611
(B) Sixteen to thirty days; 612
(C) Thirty-one to seventy-nine days; or 613
(D) Eighty or more days; and 614 Raised Bill No. 1059
LCO No. 5446 22 of 33
[(4)] (6) Actions taken by the department during the twelve months 615
preceding the date of the submission of the report to minimize reliance 616
on administrative segregation status and to mitigate the harmful effects 617
of administrative segregation status on [inmates] incarcerated persons, 618
staff members and the public. 619
[(d)] (h) The department shall not hold any person under eighteen 620
years of age on administrative segregation status. 621
[(e)] (i) Not later than January 1, [2019] 2021, the Commissioner of 622
Correction shall study and submit a report, in accordance with the 623
provisions of section 11-4a, to the joint standing committee of the 624
General Assembly having cognizance of matters relating to [the 625
judiciary] corrections regarding the use and oversight of all forms and 626
phases of housing for inmates on restrictive housing status. 627
[(f)] (j) The provisions of subsections (a) to [(d)] (h), inclusive, of this 628
section do not apply to any [inmate] incarcerated person described in 629
subsection (a) of section 18-10b. 630
[(g)] (k) Within available appropriations, the [Department of 631
Correction] department shall provide training to employees of the 632
department who interact with inmates concerning the following: 633
(1) The recognition of symptoms of mental illness; 634
(2) The potential risks and side effects of psychiatric medications; 635
(3) De-escalation techniques for safely managing individuals with 636
mental illness; 637
(4) Consequences of untreated mental illness; 638
(5) The long and short-term psychological effects of being on 639
administrative segregation status; 640
(6) The recognition of and techniques for mitigating trauma and 641
vicarious trauma; and 642 Raised Bill No. 1059
LCO No. 5446 23 of 33
[(6)] (7) De-escalation and communication techniques to divert 643
inmates from situations that may lead to the inmate being placed on 644
administrative segregation status. 645
[(h)] (l) Within available appropriations, the Department of 646
Correction shall take measures to promote the wellness of employees of 647
the department who interact with inmates. These measures may 648
include, but need not be limited to: 649
(1) Employee assistance programs; 650
(2) Development and use of strategies to prevent and treat trauma-651
related effects on employees; 652
[(2)] (3) Peer support programs; and 653
[(3)] (4) Stress management training. 654
Sec. 4. Section 18-81gg of the general statutes is repealed and the 655
following is substituted in lieu thereof (Effective October 1, 2021): 656
(a) (1) The Commissioner of Correction shall establish visitation 657
policies for [any inmate who is a parent to a child under the age of 658
eighteen] incarcerated persons. Such policies shall: 659
(A) Permit at least one sixty-minute contact social visit per week; 660
(B) Permit visitors who are members of an incarcerated person's 661
immediate family, extended family, unmarried coparents, unmarried 662
romantic partners and close personal friends. No person's past criminal 663
conviction shall be the sole or primary basis for denying a person's 664
application to visit; 665
(C) Provide that no incarcerated person may be restrained during a 666
contact social visit; and 667
(D) Provide that no incarcerated person may be deprived of a contact 668
social visit under this subsection without a hearing at which the 669
Department of Correction shall bear the burden to show by clear and 670 Raised Bill No. 1059
LCO No. 5446 24 of 33
convincing evidence that the denial of contact social visits is necessary 671
(i) to protect against a substantiated threat of imminent physical harm 672
to department employees, the visitor or another person; or (ii) to prevent 673
the introduction of contraband. 674
(2) The department may not deprive an incarcerated person of 675
contact social visits provided for in this subsection for a period in excess 676
of ninety days. 677
(3) Any policies developed pursuant to subdivision (1) of this 678
subsection for any incarcerated person who is a parent to a child under 679
the age of eighteen shall include, but need not be limited to, rules 680
regarding: [(1)] (A) Physical contact, [(2)] (B) convenience and frequency 681
of visits, and [(3)] (C) access to child-friendly visiting areas. 682
(4) For purposes of this subsection, "contact social visit" means an in-683
person meeting between an incarcerated person and an approved 684
visitor who are not separated from each other by any physical divider, 685
including, but not limited to, a screen or partition. 686
(5) The provisions of this subsection do not apply to any incarcerated 687
person described in subsection (a) of section 18-10b. 688
(b) (1) The commissioner shall establish policies concerning mail to 689
and from incarcerated persons. Such policies shall: 690
(A) Provide that each incarcerated person may write, send and 691
receive letters, without limitation on the number of any such letters such 692
incarcerated person receives, or writes and sends at his or her own 693
personal expense, and 694
(B) Prohibit unnecessary delays in the processing of incoming and 695
outgoing mail to or from an incarcerated person. 696
(2) Each correctional facility commissary shall sell: (A) Stationery, 697
envelopes, postcards, greeting cards and postage; and (B) aerogramme 698
folding letters for foreign air mail letters. 699 Raised Bill No. 1059
LCO No. 5446 25 of 33
(3) The department shall provide each incarcerated person the 700
following items free of charge: 701
(A) Materials and postage needed to send two social letters per week; 702
(B) A writing instrument; and 703
(C) At least twenty sheets of writing paper, per month and eight 704
letter-size envelopes with postage for eight letters per month, for 705
purposes including, but not limited to, social letters. Additional sheets 706
of paper for letters to the court or attorneys may be authorized upon 707
reasonable requests that demonstrate the need for such items by the 708
incarcerated person. 709
(4) The department may not deprive an incarcerated person the 710
ability to write, send or receive letters provided for in this subsection as 711
a matter of discipline, retaliation or convenience. 712
(c) (1) The commissioner shall establish policies concerning telephone 713
calls to and from incarcerated persons. Such policies shall: 714
(A) Ensure incarcerated persons may make or receive at least two 715
social phone calls per week; 716
(B) Ensure incarcerated persons may make telephone calls that last in 717
total time up to sixty minutes free of charge for social telephone calls; 718
and 719
(C) Prohibit the department from depriving an incarcerated person 720
of telephone calls provided for in this subjection as a matter of 721
discipline, retaliation or convenience. 722
Sec. 5. Subdivision (16) of section 31-275 of the general statutes is 723
repealed and the following is substituted in lieu thereof (Effective October 724
1, 2021): 725
(16) (A) "Personal injury" or "injury" includes, in addition to 726
accidental injury that may be definitely located as to the time when and 727 Raised Bill No. 1059
LCO No. 5446 26 of 33
the place where the accident occurred, an injury to an employee that is 728
causally connected with the employee's employment and is the direct 729
result of repetitive trauma or repetitive acts incident to such 730
employment, and occupational disease. 731
(B) "Personal injury" or "injury" shall not be construed to include: 732
(i) An injury to an employee that results from the employee's 733
voluntary participation in any activity the major purpose of which is 734
social or recreational, including, but not limited to, athletic events, 735
parties and picnics, whether or not the employer pays some or all of the 736
cost of such activity; 737
(ii) A mental or emotional impairment, unless such impairment (I) 738
arises from a physical injury or occupational disease, (II) in the case of a 739
police officer of the Division of State Police within the Department of 740
Emergency Services and Public Protection, an organized local police 741
department or a municipal constabulary, or a correction officer 742
employed by the Department of Correction, arises from such [police] 743
officer's use of deadly force or subjection to deadly force in the line of 744
duty, regardless of whether such [police] officer is physically injured, 745
provided such [police] officer is the subject of an attempt by another 746
person to cause such [police] officer serious physical injury or death 747
through the use of deadly force, and such [police] officer reasonably 748
believes such [police] officer to be the subject of such an attempt, or (III) 749
in the case of a police officer, parole officer, correction officer or 750
firefighter, is a diagnosis of post-traumatic stress disorder as defined in 751
section 31-294k, as amended by this act, that meets all the requirements 752
of section 31-294k, as amended by this act. As used in this clause, "in the 753
line of duty" means any action that a police officer or correction officer 754
is obligated or authorized by law, rule, regulation or written condition 755
of employment service to perform, or for which the police officer, 756
correction officer or firefighter is compensated by the public entity such 757
officer serves; 758
(iii) A mental or emotional impairment that results from a personnel 759 Raised Bill No. 1059
LCO No. 5446 27 of 33
action, including, but not limited to, a transfer, promotion, demotion or 760
termination; or 761
(iv) Notwithstanding the provisions of subparagraph (B)(i) of this 762
subdivision, "personal injury" or "injury" includes injuries to employees 763
of local or regional boards of education resulting from participation in a 764
school-sponsored activity but does not include any injury incurred 765
while going to or from such activity. As used in this clause, "school-766
sponsored activity" means any activity sponsored, recognized or 767
authorized by a board of education and includes activities conducted on 768
or off school property and "participation" means acting as a chaperone, 769
advisor, supervisor or instructor at the request of an administrator with 770
supervisory authority over the employee. 771
Sec. 6. Section 31-294k of the general statutes is repealed and the 772
following is substituted in lieu thereof (Effective October 1, 2021): 773
(a) As used in this section: 774
(1) "Correction officer" means a correction officer employed by the 775
Department of Correction; 776
[(1)] (2) "Firefighter" has the same meaning as provided in section 7-777
313g; 778
[(2)] (3) "In the line of duty" means any action that a police officer, 779
parole officer, correction officer or firefighter is obligated or authorized 780
by law, rule, regulation or written condition of employment service to 781
perform, or for which the officer or firefighter is compensated by the 782
public entity such officer or firefighter serves, except that, in the case of 783
a volunteer firefighter, such action or service constitutes fire duties, as 784
defined in subsection (b) of section 7-314b; 785
[(3)] (4) "Mental health professional" means a board-certified 786
psychiatrist or a psychologist licensed pursuant to chapter 383, who has 787
experience diagnosing and treating post-traumatic stress disorder; 788
[(4)] (5) "Parole officer" means an employee of the Department of 789 Raised Bill No. 1059
LCO No. 5446 28 of 33
Correction who supervises inmates in the community after their release 790
from prison on parole or under another prison release program; 791
[(5)] (6) "Police officer" has the same meaning as provided in section 792
7-294a, except that "police officer" does not include an officer of a law 793
enforcement unit of the Mashantucket Pequot Tribe or the Mohegan 794
Tribe of Indians of Connecticut; 795
[(6)] (7) "Post-traumatic stress disorder" means a disorder that meets 796
the diagnostic criteria for post-traumatic stress disorder as specified in 797
the most recent edition of the American Psychiatric Association's 798
"Diagnostic and Statistical Manual of Mental Disorders"; and 799
[(7)] (8) "Qualifying event" means an event occurring in the line of 800
duty on or after July 1, 2019, in which a police officer, parole officer, 801
correction officer or firefighter: 802
(A) Views a deceased minor; 803
(B) Witnesses the death of a person or an incident involving the death 804
of a person; 805
(C) Witnesses an injury to a person who subsequently dies before or 806
upon admission at a hospital as a result of the injury and not as a result 807
of any other intervening cause; 808
(D) Has physical contact with and treats an injured person who 809
subsequently dies before or upon admission at a hospital as a result of 810
the injury and not as a result of any other intervening cause; 811
(E) Carries an injured person who subsequently dies before or upon 812
admission at a hospital as a result of the injury and not as a result of any 813
other intervening cause; or 814
(F) Witnesses a traumatic physical injury that results in the loss of a 815
vital body part or a vital body function that results in permanent 816
disfigurement of the victim. 817 Raised Bill No. 1059
LCO No. 5446 29 of 33
(b) A diagnosis of post-traumatic stress disorder is compensable as a 818
personal injury as described in subparagraph (B)(ii)(III) of subdivision 819
(16) of section 31-275, as amended by this act, if a mental health 820
professional examines a police officer, parole officer, correction officer 821
or firefighter and diagnoses the officer or firefighter with post-traumatic 822
stress disorder as a direct result of a qualifying event, provided (1) the 823
post-traumatic stress disorder resulted from the officer or firefighter 824
acting in the line of duty and, in the case of a firefighter, such firefighter 825
complied with Federal Occupational Safety and Health Act standards 826
adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, (2) a 827
qualifying event was a substantial factor in causing the disorder, (3) 828
such qualifying event, and not another event or source of stress, was the 829
primary cause of the post-traumatic stress disorder, and (4) the post-830
traumatic stress disorder did not result from any disciplinary action, 831
work evaluation, job transfer, layoff, demotion, promotion, termination, 832
retirement or similar action of the officer or firefighter. Any such mental 833
health professional shall comply with any workers' compensation 834
guidelines for approved medical providers, including, but not limited 835
to, guidelines on release of past or contemporaneous medical records. 836
(c) Whenever liability to pay compensation is contested by the 837
employer, the employer shall file with the commissioner, on or before 838
the twenty-eighth day after the employer has received a written notice 839
of claim, a notice in accordance with a form prescribed by the 840
chairperson of the Workers' Compensation Commission stating that the 841
right to compensation is contested, the name of the claimant, the name 842
of the employer, the date of the alleged injury and the specific grounds 843
on which the right to compensation is contested. The employer shall 844
send a copy of the notice to the employee in accordance with section 31-845
321. If the employer or the employer's legal representative fails to file 846
the notice contesting liability on or before the twenty-eighth day after 847
receiving the written notice of claim, the employer shall commence 848
payment of compensation for such injury on or before the twenty-eighth 849
day after receiving the written notice of claim, but the employer may 850
contest the employee's right to receive compensation on any grounds or 851 Raised Bill No. 1059
LCO No. 5446 30 of 33
the extent of the employee's disability within one hundred eighty days 852
from the receipt of the written notice of claim and any benefits paid 853
during the one hundred eighty days shall be considered payments 854
without prejudice, provided the employer shall not be required to 855
commence payment of compensation when the written notice of claim 856
has not been properly served in accordance with section 31-321 or when 857
the written notice of claim fails to include a warning that the employer 858
(1) if the employer has commenced payment for the alleged injury on or 859
before the twenty-eighth day after receiving a written notice of claim, 860
shall be precluded from contesting liability unless a notice contesting 861
liability is filed within one hundred eighty days from the receipt of the 862
written notice of claim, and (2) shall be conclusively presumed to have 863
accepted the compensability of the alleged injury unless the employer 864
either files a notice contesting liability on or before the twenty-eighth 865
day after receiving a written notice of claim or commences payment for 866
the alleged injury on or before such twenty-eighth day. An employer 867
shall be entitled, if the employer prevails, to reimbursement from the 868
claimant of any compensation paid by the employer on and after the 869
date the commissioner receives written notice from the employer or the 870
employer's legal representative, in accordance with the form prescribed 871
by the chairperson of the Workers' Compensation Commission, stating 872
that the right to compensation is contested. Notwithstanding the 873
provisions of this subsection, an employer who fails to contest liability 874
for an alleged injury on or before the twenty-eighth day after receiving 875
a written notice of claim and who fails to commence payment for the 876
alleged injury on or before such twenty-eighth day, shall be conclusively 877
presumed to have accepted the compensability of the alleged injury. If 878
an employer has opted to post an address of where notice of a claim for 879
compensation by an employee shall be sent, as described in subsection 880
(a) of section 31-294c, the twenty-eight-day period set forth in this 881
subsection shall begin on the date when such employer receives written 882
notice of a claim for compensation at such posted address. 883
(d) Notwithstanding any provision of this chapter, workers' 884
compensation benefits for any police officer, parole officer, correction 885 Raised Bill No. 1059
LCO No. 5446 31 of 33
officer or firefighter for a personal injury described in subparagraph 886
(B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, 887
shall (1) include any combination of medical treatment prescribed by a 888
board-certified psychiatrist or a licensed psychologist, temporary total 889
incapacity benefits under section 31-307 and temporary partial 890
incapacity benefits under subsection (a) of section 31-308, and (2) be 891
provided for a maximum of fifty-two weeks from the date of diagnosis. 892
No medical treatment, temporary total incapacity benefits under section 893
31-307 or temporary partial incapacity benefits under subsection (a) of 894
section 31-308 shall be awarded beyond four years from the date of the 895
qualifying event that formed the basis for the personal injury. The 896
weekly benefits received by an officer or a firefighter pursuant to section 897
31-307 or subsection (a) of section 31-308, when combined with other 898
benefits including, but not limited to, contributory and noncontributory 899
retirement benefits, Social Security benefits, benefits under a long-term 900
or short-term disability plan, but not including payments for medical 901
care, shall not exceed the average weekly wage paid to such officer or 902
firefighter. An officer or firefighter receiving benefits pursuant to this 903
subsection shall not be entitled to benefits pursuant to subsection (b) of 904
section 31-308 or section 31-308a. 905
Sec. 7. Section 31-294h of the general statutes is repealed and the 906
following is substituted in lieu thereof (Effective October 1, 2021): 907
Notwithstanding any provision of this chapter, workers' 908
compensation benefits for any correction officer or police officer, as 909
described in subparagraph (B)(ii)(II) of subdivision (16) of section 31-910
275, as amended by this act, who suffers a mental or emotional 911
impairment arising from such [police] officer's use of deadly force or 912
subjection to deadly force in the line of duty, shall be limited to 913
treatment by a psychologist or a psychiatrist who is on the approved list 914
of practicing physicians established by the chairperson of the Workers' 915
Compensation Commission pursuant to section 31-280. 916
Sec. 8. Section 7-294ff of the general statutes is repealed and the 917
following is substituted in lieu thereof (Effective October 1, 2021): 918 Raised Bill No. 1059
LCO No. 5446 32 of 33
(a) Not later than January 1, [2020] 2022, the Police Officer Standards 919
and Training Council, established under section 7-294b, the Department 920
of Correction and the Commission on Fire Prevention and Control shall 921
develop and promulgate a model critical incident and peer support 922
policy to support the mental health care and wellness of police officers, 923
as defined in section 7-294a, parole officers, as defined in section 31-924
294k, as amended by this act, correction officers employed by the 925
Department of Correction and firefighters, as defined in section 31-294k, 926
as amended by this act. 927
(b) Not later than July 1, [2020] 2022, each law enforcement unit as 928
defined in section 7-294a, the Department of Correction as employer of 929
parole officers and correction officers, each municipal or state paid or 930
volunteer fire department and each municipal entity employing a fire 931
marshal, deputy fire marshal, fire investigator, fire inspector or other 932
class of investigator or inspector for whom the State Fire Marshal and 933
the Codes and Standards Committee, acting jointly, have adopted 934
minimum standards of qualification pursuant to section 29-298, shall (1) 935
adopt and maintain a written policy that meets or exceeds the standards 936
of the model policy developed pursuant to subsection (a) of this section; 937
(2) make peer support available to such officers and firefighters; and (3) 938
refer an officer or firefighter, as appropriate, seeking mental health care 939
services to a mental health professional, as defined in section 31-294k, 940
as amended by this act. 941
Sec. 9. Section 18-82a of the general statutes is repealed and the 942
following is substituted in lieu thereof (Effective October 1, 2021): 943
In consultation with the Department of Mental Health and Addiction 944
Services, the Department of Correction shall provide resilience and self-945
care technique training for each parole officer, as defined in section 31-946
294k, as amended by this act, hired on or after January 1, 2020, and each 947
correction officer hired on or after January 1, 2022. 948
This act shall take effect as follows and shall amend the following
sections:
Raised Bill No. 1059
LCO No. 5446 33 of 33
Section 1 from passage New section
Sec. 2 October 1, 2021 18-81jj
Sec. 3 October 1, 2021 18-96b
Sec. 4 October 1, 2021 18-81gg
Sec. 5 October 1, 2021 31-275(16)
Sec. 6 October 1, 2021 31-294k
Sec. 7 October 1, 2021 31-294h
Sec. 8 October 1, 2021 7-294ff
Sec. 9 October 1, 2021 18-82a
Statement of Purpose:
To (1) establish the Correction Accountability Commission, (2) enhance
correction ombuds services, (3) restrict the use of isolated confinement
and restraints in correctional facilities, (4) increase transparency
concerning restrictive housing measures and the use of restraints in
correctional facilities, (5) develop policies concerning social contacts for
incarcerated persons, and (6) provide training and certain workers'
compensation benefits to correction officers.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]