LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059-R01- SB.docx 1 of 31 General Assembly Substitute Bill No. 1059 January Session, 2021 AN ACT CONCERNING TH E OFFICE OF THE CORRECTION OMBUDS, THE USE OF ISOLATED CONFINEMENT, SECLUSION AND RESTRAINTS, SOCIAL CONTACTS FOR INCARCERATED PERSONS AND TRAINING AND WOR KERS' COMPENSATION B ENEFITS FOR CORRECTION OFFICERS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 18-81jj of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2021): 2 (a) (1) There is, within the Office of Governmental Accountability 3 established under section 1-300, the Office of the Correction Ombuds for 4 the provision of ombuds services. 5 [(a)] (2) For [the] purposes of this section, ["ombudsman services"] 6 "ombuds services" includes: 7 [(1) the receipt of] (A) Evaluating the delivery of services to 8 incarcerated persons by the Department of Correction, its contractors 9 and other entities that provide services to people detained in 10 correctional institutions or halfway houses through funding provided 11 by the state; 12 (B) Reviewing periodically the procedures established by the 13 Department of Correction to carry out the provisions of title 18 with a 14 view toward the rights of incarcerated persons; 15 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 2 of 31 (C) Receiving complaints [by the ombudsman] from persons 16 [eighteen years of age or younger] in the custody of the Commissioner 17 of Correction regarding decisions, actions, omissions, policies, 18 procedures, rules or regulations of the Department of Correction; [,] 19 [(2) investigating] (D) Investigating such complaints, rendering a 20 decision on the merits of each complaint and communicating the 21 decision to the complainant; [, (3) recommending] 22 (E) Recommending to the commissioner a resolution of any 23 complaint found to have merit; [, (4) recommending] 24 (F) Reviewing the operation of facilities and procedures employed at 25 such facilities where a person may be housed who is in the custody of 26 the commissioner; 27 (G) Providing assistance including, but not limited to, advocating 28 with a department or service provider or others on behalf of the 29 incarcerated person; 30 (H) Recommending procedure and policy revisions to the 31 department; [, and (5) publishing] 32 (I) Taking all possible actions, including, but not limited to, 33 conducting programs of public education, undertaking legislative 34 advocacy and making proposals for systemic reform and formal legal 35 action, in order to secure and ensure the rights of persons in the custody 36 of the commissioner; and 37 (J) Publishing a quarterly report of all [ombudsman] ombuds services 38 and activities. 39 (b) [The Commissioner of Correction shall hire a person to provide 40 ombudsman services and shall annually report the name of such person 41 to the joint standing committee of the General Assembly having 42 cognizance of matters relating to the Department of Correction in 43 accordance with the provisions of section 11-4a. In addition to the 44 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 3 of 31 executive assistant positions authorized under subdivision (10) of 45 section 5-198, the commissioner may hire an executive assistant to carry 46 out the duties of this section.] (1) Not later than October 1, 2021, and 47 upon any vacancy in the position of Correction Ombuds, the Governor 48 shall nominate a person qualified by training and experience to perform 49 and lead the office of Correction Ombuds. Any nomination by the 50 Governor for appointment of Correction Ombuds shall be referred, 51 without debate, to the joint standing committee of the General Assembly 52 having cognizance of matters relating to corrections which shall report 53 on each appointment not later than thirty days after the date of 54 reference. Each such appointment by the General Assembly shall be by 55 concurrent resolution. 56 (2) The person appointed as Correction Ombuds shall serve for an 57 initial term of two years and may be reappointed for succeeding terms. 58 (3) Upon any vacancy in the position of Correction Ombuds and until 59 such time as a candidate has been confirmed by the General Assembly 60 or, if the General Assembly is not in session, the candidate designated 61 for appointment by the Governor shall serve as the acting Correction 62 Ombuds and be entitled to the compensation, privileges and powers of 63 the Correction Ombuds until the General Assembly meets to take action 64 on said appointment. 65 (4) Notwithstanding any provision of the general statutes, the 66 Correction Ombuds shall act independently of any department in the 67 performance of the office's duties. 68 (5) The Correction Ombuds may, within available funds, appoint 69 such staff as may be deemed necessary. The duties of the staff may 70 include the duties and powers of the Correction Ombuds if performed 71 under the direction of the Correction Ombuds. 72 (6) The General Assembly shall annually appropriate such sums as 73 necessary for the payment of the salaries of the staff and for the payment 74 of office expenses and other actual expenses incurred by the Correction 75 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 4 of 31 Ombuds in the performance of his or her duties. Any legal or court fees 76 obtained by the state in actions brought by the Correction Ombuds shall 77 be deposited in the General Fund. 78 (7) The Correction Ombuds shall annually submit, in accordance with 79 the provisions of section 11-4a, to the Governor and the joint standing 80 committees of the General Assembly having cognizance of matters 81 relating to corrections, public health and human services a detailed 82 report analyzing the work of the Office of the Correction Ombuds. 83 (c) Prior to any person [eighteen years of age or younger] in the 84 custody of the Commissioner of Correction obtaining [ombudsman] 85 ombuds services, such person shall have reasonably pursued a 86 resolution of the complaint through any existing internal grievance of 87 appellate procedures of the Department of Correction. 88 (d) All oral and written communications, and records relating to such 89 communications between a person [eighteen years of age or younger] in 90 the custody of the Commissioner of Correction and the [ombudsman] 91 Correction Ombuds or a member of the [ombudsman's] Office of the 92 Correction Ombuds staff, including, but not limited to, the identity of a 93 complainant, the details of a complaint and the investigative findings 94 and conclusions of the [ombudsman] Correction Ombuds shall be 95 confidential and shall not be disclosed without the consent of the 96 person, except that the [ombudsman] Correction Ombuds may disclose 97 without the consent of the person (1) such communications or records 98 as may be necessary for the [ombudsman] Correction Ombuds to 99 conduct an investigation and support any recommendations the 100 ombudsman may make, or (2) the formal disposition of a person's 101 complaint when requested in writing by a court that is hearing such 102 person's application for a writ of habeas corpus that was filed 103 subsequent to an adverse finding by the [ombudsman] Correction 104 Ombuds on such person's complaint. 105 (e) Notwithstanding the provisions of subsection (d) of this section, 106 whenever in the course of providing [ombudsman] ombuds services, 107 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 5 of 31 the [ombudsman] Correction Ombuds or a member of the 108 [ombudsman's] Office of the Correction Ombuds staff becomes aware 109 of the commission or planned commission of a criminal act or a threat 110 to the health and safety of any person or the security of a correctional 111 facility, the [ombudsman] Correction Ombuds shall notify the 112 Commissioner of Correction or a facility administrator of such act or 113 threat and the nature and target of the act or threat. 114 (f) If the Commissioner of Correction has a reasonable belief that a 115 person [eighteen years of age or younger] in the custody of the 116 commissioner has made or provided to the [ombudsman] Correction 117 Ombuds an oral or written communication concerning a safety or 118 security threat within the Department of Correction or directed against 119 an employee of the department, the [ombudsman] Correction Ombuds 120 shall provide to the commissioner all oral or written communications 121 relevant to such threat. 122 (g) Notwithstanding any provision of the general statutes concerning 123 the confidentiality of records and information, the Correction Ombuds 124 shall have access to, including the right to inspect and copy, any records 125 necessary to carry out the responsibilities of the Correction Ombuds as 126 provided in subsection (a) of this section. If the Correction Ombuds is 127 denied access to any records necessary to carry out said responsibilities, 128 he or she may issue a subpoena for the production of such records as 129 provided in subsection (i) of this section. 130 (h) In the performance of his or her responsibilities under subsection 131 (a) of this section, the Correction Ombuds may communicate privately 132 with any person in the custody of the commissioner. Such 133 communications shall be confidential. 134 (i) The Correction Ombuds may issue subpoenas to compel the 135 attendance and testimony of witnesses or the production of books, 136 papers and other documents and to administer oaths to witnesses in any 137 matter under his or her investigation. If any person to whom such 138 subpoena is issued fails to appear or, having appeared, refuses to give 139 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 6 of 31 testimony or fails to produce the evidence required, the Correction 140 Ombuds may apply to the superior court for the judicial district of 141 Hartford which shall have jurisdiction to order such person to appear 142 and give testimony or to produce such evidence, as the case may be. 143 (j) The Correction Ombuds may apply for and accept grants, gifts and 144 bequests of funds from other states, federal and interstate agencies and 145 independent authorities and private firms, individuals and foundations, 146 for the purpose of carrying out his or her responsibilities. There is 147 established within the General Fund a Correction Ombuds account 148 which shall be a separate nonlapsing account. Any funds received under 149 this subsection shall, upon deposit in the General Fund, be credited to 150 said account and may be used by the Correction Ombuds in the 151 performance of his or her duties. 152 (k) The name, address and other personally identifiable information 153 of a person who makes a complaint to the Correction Ombuds and all 154 information obtained or generated by the office in the course of an 155 investigation and all confidential records obtained by the Correction 156 Ombuds or a designee shall be confidential and shall not be subject to 157 disclosure under the Freedom of Information Act or otherwise, except 158 that such information and records, other than confidential information 159 concerning a pending law enforcement investigation or a pending 160 prosecution, may be disclosed if the Correction Ombuds determines 161 that disclosure is (1) in the general public interest, or (2) necessary to 162 enable the Correction Ombuds to perform his or her responsibilities 163 under subsection (a) of this section. 164 (l) No state or municipal agency shall discharge, or in any manner 165 discriminate or retaliate against, any employee who in good faith makes 166 a complaint to the Correction Ombuds or cooperates with the Office of 167 the Correction Ombuds in an investigation. 168 (m) The state of Connecticut shall protect and hold harmless any 169 attorney, director, investigator, social worker or other person employed 170 by the Office of the Correction Ombuds and any volunteer appointed 171 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 7 of 31 by the Correction Ombuds from financial loss and expense, including 172 legal fees and costs, if any, arising out of any claim, demand or suit for 173 damages resulting from acts or omissions committed in the discharge of 174 his or her duties with the program within the scope of his or her 175 employment or appointment which may constitute negligence but 176 which acts are not wanton, malicious or grossly negligent as determined 177 by a court of competent jurisdiction. 178 (n) The Office of the Correction Ombuds shall conduct a study 179 regarding the conditions in the state's correctional facilities and halfway 180 houses. Not later than October 1, 2022, and annually thereafter, the 181 Correction Ombuds shall submit a report, in accordance with section 11-182 4a to the joint standing committee of the General Assembly having 183 cognizance of matters relating to corrections regarding the conditions of 184 confinement in the state's correctional facilities and halfway houses. 185 Sec. 2. Section 18-96b of the general statutes is repealed and the 186 following is substituted in lieu thereof (Effective July 1, 2022): 187 (a) As used in this section: 188 (1) "Abuse" means any act or omission by a department employee or 189 a person working under a contract or as a volunteer with the 190 department who acts or fails to act knowingly, recklessly or 191 intentionally, each as defined in section 53a-3, and which act or omission 192 caused, or could have caused mental harm, physical injury or death to 193 an incarcerated person; 194 [(1)] (2) "Administrative segregation status" means the Department of 195 Correction's practice of placing an inmate on restrictive housing status 196 following a determination that such inmate can no longer be safely 197 managed within the general inmate population of the correctional 198 facility; [and] 199 (3) "Commissioner" means the Commissioner of Correction; 200 (4) "De-escalation" means to effectively defuse a crisis without the use 201 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 8 of 31 of force by using tactics learned through training to recognize and 202 respond to emotions; 203 (5) "Department" means the Department of Correction; 204 (6) "Form and phase of housing" means any status, restrictive or 205 otherwise, that an incarcerated person may experience while in the 206 custody of the commissioner; 207 (7) "Incarcerated person" means a person confined and in the custody 208 and care of the Commissioner of Correction, including those persons in 209 pretrial, presentencing or post-conviction confinement; 210 (8) "Isolated confinement" means confinement of an incarcerated 211 person in a cell, alone or with others, for more than sixteen hours per 212 day; 213 (9) "Life-threatening physical restraint" means any physical restraint 214 or hold of a person that (A) restricts the flow of air into a person's lungs, 215 whether by chest compression or any other means, or (B) immobilizes 216 or reduces the free movement of a person's arms, legs or head while the 217 person is in the prone position; 218 (10) "Medical professional" means (A) A physician licensed under 219 chapter 370; (B) a physician assistant licensed under chapter 370; or (C) 220 an advanced practice registered nurse, registered nurse or practical 221 nurse licensed under chapter 378; 222 (11) "Member of a vulnerable population" means any incarcerated 223 person who: 224 (A) Is twenty-one years of age or younger, or sixty-five years of age 225 or older; 226 (B) Has a mental disability, as defined in section 53a-181i, a history of 227 psychiatric hospitalization, or has recently exhibited self-harming 228 conduct, including, but not limited to, self-mutilation; 229 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 9 of 31 (C) Has a developmental disability, as defined in section 17b-28; 230 (D) Has a serious medical condition that cannot be effectively treated 231 in isolated confinement; 232 (E) Is pregnant, is in the postpartum period, or has recently suffered 233 a miscarriage or terminated a pregnancy; or 234 (F) Has a significant auditory or visual impairment; 235 (12) "Neglect" means a negligent act or omission by any staff member 236 or volunteer which caused, or may have caused, injury or death to an 237 incarcerated person; 238 (13) "Pharmacological restraint" means a drug or medication when 239 used to manage a person's behavior or restrict a person's freedom of 240 movement and not as a standard treatment or administered in a dosage 241 appropriate for the patient's condition; 242 (14) "Physician" means a physician, licensed pursuant to chapter 370; 243 (15) "Psychiatric emergency" means an event during which a person 244 poses a substantiated threat of imminent physical harm to himself or 245 herself or another person due to an acute disturbance of behavior, 246 thought or mood; 247 (16) "Physical Restraint" means any mechanical device used to control 248 the movement of an incarcerated person's body or limbs, including, but 249 not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black 250 box, leg irons, belly chains, a security chain or a convex shield, but does 251 not include any medical device or helmet, mitt or similar device used to 252 prevent self-injury when the device is part of a documented treatment 253 plan and is the least restrictive means available to prevent such self-254 injury; 255 (17) "Seclusion" means involuntary confinement of an incarcerated 256 person as a patient in a separate room, subject to close medical 257 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 10 of 31 supervision for the purpose of protecting the patient and others from 258 harm; 259 (18) "Serious incident" means any of the following: 260 (A) An attack on a department building or facility conducted from 261 outside of the building or facility; 262 (B) A significant breach of a department building or facility 263 perimeter; 264 (C) Possession of firearms, ammunition or explosives by an 265 incarcerated person or a visitor to a department building or facility; 266 (D) A death of an on-duty department employee, a person working 267 under a contract or as a volunteer with the department or a visitor to a 268 department building or facility or an unnatural death of an incarcerated 269 person; 270 (E) An injury to an on-duty department employee, a person working 271 under a contract or as a volunteer with the department, a visitor to a 272 department building or facility or an incarcerated person that results in 273 such person's admission to an acute care hospital; 274 (F) A riot or hostage situation at a department building or facility; 275 (G) A major fire at a department building or facility; 276 (H) A bomb threat directed at a department building or facility; 277 (I) A suspected bio-chemical contamination of a department building 278 or facility; 279 (J) Any suspected, attempted or confirmed escape of an incarcerated 280 person from a correctional facility or work detail or during transport, 281 including any such escape reported by a member of the public; 282 (K) Any incident requiring a unit to be placed on alert or mobilized 283 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 11 of 31 in response to an emergency at a department building or facility; 284 (L) An intentional or accidental discharge of a firearm at a 285 department building or facility, other than during training; 286 (M) Use of a category 2 chemical agent at a department building or 287 facility, as categorized in standards adopted by the federal Occupational 288 Safety and Health Administration, for purposes other than those 289 approved for building, facility or equipment maintenance; 290 (N) An event that seriously impacts normal operation of the 291 department such as a health emergency, power outage, any major 292 destruction or disablement of state property or an incident requiring an 293 unplanned lockdown of a department facility; 294 (O) A terrorist threat or intelligence of suspected terrorist activity; 295 (P) An instance of workplace violence or threat of workplace violence 296 in any workplace or as part of any work detail requiring the immediate 297 separation of incarcerated persons due to an imminent threat of 298 violence; 299 (Q) A reported sexual abuse of an incarcerated person or a 300 department employee or a person working under a contract or as a 301 volunteer with the department committed on or by an incarcerated 302 person or a staff member or a person working as a volunteer with the 303 department, where there is immediate evidence or indication that sexual 304 abuse has occurred; or 305 (R) A suicide attempt by an incarcerated person requiring immediate 306 life-saving measures; 307 (19) "Restraint" includes any pharmacological restraint, physical 308 restraint or soft restraint; 309 [(2)] (20) "Restrictive housing status" means [the designation of an 310 inmate by the Department of Correction that provides for closely 311 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 12 of 31 regulated management and separation of such inmate from other 312 inmates.] any classification that requires closely regulated management 313 and separation of an incarcerated person and includes, but is not limited 314 to, following correctional statuses: Administrative segregation, punitive 315 segregation, transfer detention, administrative detention, security risk 316 group, chronic discipline, special needs and protective custody; 317 (21) "Soft restraint" means any physical restraint constructed of 318 padded, quilted or pliable materials, but does not include, flex cuffs, 319 handcuffs, a black box, leg irons, a belly chain or a security chain; 320 (22) "Staff member" means an employee, contractor or subcontractor 321 of the department; 322 (23) "Therapist" means any (A) physician licensed pursuant to 323 chapter 370 who specializes in psychiatry, (B) psychologist licensed 324 pursuant to chapter 383, (C) marital and family therapist licensed 325 pursuant to chapter 383a, (D) clinical social worker or master social 326 worker licensed pursuant to chapter 383b, or (E) professional counselor 327 licensed pursuant to chapter 383c; 328 (24) "Unique individual" means a person who, for data collection 329 purposes, is associated with a unique identifier that is anonymized; and 330 (25) "Use of force" means the use of physical force or deadly physical 331 force, as defined in section 53a-3, by a staff member to compel 332 compliance by an incarcerated person. "Use of force" includes, but is not 333 limited to, the use of restraints, chemical agents, canines, chokeholds or 334 munitions or forceable extraction from a cell. 335 (b) (1) Each incarcerated person shall have the opportunity to be 336 outside of his or her cell for at least eight hours each day, except in the 337 case of an incarcerated person held in seclusion pursuant to subsection 338 (d) of this section or except as provided in subdivision (2) of this 339 subsection or in response to (A) a serious incident resulting in a 340 correctional facility-wide lockdown, (B) a substantiated threat of 341 imminent physical harm to another person as evidenced by recent 342 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 13 of 31 conduct; or (C) an incarcerated person's request for segregation for such 343 person's protection. 344 (2) Prior to holding any incarcerated person in isolated confinement 345 due to one of the situations described in subparagraph (A), (B) or (C) of 346 subdivision (1) of this subsection, (A) a physician shall personally 347 conduct a physical examination and a therapist shall personally conduct 348 a mental health evaluation to determine whether such person is a 349 member of a vulnerable population, and (B) the department shall 350 attempt to defuse the instant situation by using de-escalation methods 351 and less restrictive measures. Only if such methods and measures fail to 352 defuse the instant situation may the department hold a person in 353 isolated confinement. 354 (3) If holding an incarcerated person in isolated confinement, the 355 department shall: 356 (A) Ensure continuous monitoring to ensure the person's safety and 357 well-being; 358 (B) Ensure that any person held in isolated confinement shall have 359 sufficient and regular access to a toilet, water, food, light, air and heat; 360 (C) Continue de-escalation efforts; and 361 (D) End isolated confinement of the person as soon as the threat of 362 the serious incident or of imminent physical harm to others has passed 363 or such person no longer requests segregation for such person's 364 protection. 365 (4) The department shall not subject any incarcerated person to 366 isolated confinement (A) because of the incarcerated person's race, 367 creed, color, national origin, nationality, ancestry, age, marital status, 368 domestic partnership or civil union status, affectional or sexual 369 orientation, genetic information, pregnancy or breastfeeding status, sex, 370 gender identity or expression, disability or atypical hereditary cellular 371 or blood trait, or (B) for any continuous period longer than seventy-two 372 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 14 of 31 hours, or for more than seventy-two hours during any fourteen-day 373 period. 374 (5) No staff member with a rank lower than captain may order an 375 incarcerated person to be held in isolated confinement. A staff member 376 with a rank of captain or higher or the commissioner or deputy 377 commissioner may order an incarcerated person to be held in isolated 378 confinement for an initial period of not more than eight hours. Only a 379 staff member with a rank of deputy warden or warden or the 380 commissioner or deputy commissioner may order the continuation of a 381 period of isolated confinement in increments of no more than eight 382 hours and not more than a total of forty-eight hours. Only the 383 commissioner or deputy commissioner may order the continuation of a 384 period of isolated confinement of not more than a total of seventy-two 385 hours. 386 (c) (1) The department shall not subject an incarcerated person to the 387 use of (A) life-threatening restraints, (B) pharmacological restraints, 388 except as provided in subsection (d) of this section, or (C) physical 389 restraints except as provided in subsection (d) of this section or 390 subdivisions (2) and (3) of this subsection for the purpose of (i) 391 transporting the incarcerated person between units or outside the 392 correctional facility, or (ii) responding to a substantiated threat of 393 imminent physical harm to another person as evidenced by recent 394 conduct. 395 (2) Prior to subjecting any incarcerated person to the use of physical 396 restraints pursuant to clause (ii) of subparagraph (C) of subdivision (1) 397 of this subsection and subdivision (3) of this subsection, the department 398 shall attempt to defuse the instant situation by using de-escalation 399 methods and less restrictive measures. Only if such methods and 400 measures fail to defuse the instant situation may the department subject 401 a person to the use of physical restraints, except as restricted pursuant 402 to section 18-69c. 403 (3) If subjecting an incarcerated person to physical restraints 404 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 15 of 31 pursuant to clause (ii) of subparagraph (C) of subdivision (1) of this 405 subsection, the department shall: 406 (A) Ensure continuous monitoring to ensure the person's safety and 407 well-being, including requiring a medical professional to check the 408 imposition of restraints and every two hours thereafter to ensure 409 adequate circulation and range of movement to avoid pain and to 410 permit the incarcerated person to perform necessary bodily functions, 411 including breathing, eating, drinking, standing, lying down, sitting and 412 using the toilet; 413 (B) Ensure that no physical restraints are imposed upon an 414 incarcerated inmate who is showering or exercising; 415 (C) Continue de-escalation efforts; and 416 (D) End the use of physical restraints on the incarcerated person as 417 soon as the threat of the serious incident or imminent physical harm to 418 others has passed. 419 (4) No staff member with a rank lower than captain may subject an 420 incarcerated person to the use of physical restraints. A staff member 421 with a rank of captain or higher may order an incarcerated person to be 422 subjected to the use of physical restraints for an initial period of not 423 more than two hours. Only a staff member with a rank of deputy 424 warden or warden or the commissioner or deputy commissioner may 425 order the use of physical restraints upon such person for an additional 426 period of not more than two hours, provided no incarcerated person is 427 subjected to physical restraints for more than four hours in any twenty-428 four-hour period. 429 (d) (1) The department may subject an incarcerated person to the use 430 of seclusion or restraints in response to a psychiatric emergency 431 pursuant to subdivisions (2) and (3) of this subsection, provided a 432 therapist attempts to defuse the instant situation by using de-escalation 433 methods and less restrictive measures and such methods and measures 434 fail to defuse the instant situation. 435 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 16 of 31 (2) If subjecting an incarcerated person to seclusion or restraints in 436 response to a psychiatric emergency pursuant to this subsection, the 437 department shall: 438 (A) Ensure any such seclusion occurs or restraints are imposed only 439 within medical units of the correctional facility; 440 (B) Ensure that the only restraints employed are soft restraints or 441 pharmacological restraints; 442 (C) Ensure that no (i) soft restraints be employed if pharmacological 443 restraints have already been administered and have alleviated the risk 444 of a serious incident or imminent physical harm , and (ii) 445 pharmacological restraints may be administered if soft restraints have 446 already been employed and have alleviated such risk; 447 (D) Ensure a medical professional checks the imposition of restraints 448 and every two hours thereafter checks to ensure adequate circulation 449 and range of movement to avoid pain and that a medical professional 450 continually monitors, through direct observation, such person while 451 such person is subject to restraints under this subsection; 452 (E) Continue de-escalation efforts; and 453 (F) End the use of seclusion or restraints on the incarcerated person 454 as soon as the threat of the serious incident or imminent physical harm 455 has passed. 456 (3) Only a therapist may order an incarcerated person to be subjected 457 to the use of restraints pursuant to this subsection. After an in-person 458 evaluation by a therapist of an incarcerated person and a determination 459 by the therapist that restraints are necessary to prevent a substantiated 460 threat of imminent physical harm by an incarcerated person to himself 461 or herself or others due to an acute disturbance of behavior, thought or 462 mood, the therapist may order such person to be subjected to restraints 463 for an initial period of not more than two hours. A therapist may only 464 order an incarcerated person to be subjected for an additional period of 465 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 17 of 31 restraint that is not longer than two hours if such therapist, after an in-466 person evaluation, determines that restraints remain necessary to 467 prevent a substantiated threat of imminent physical harm by an 468 incarcerated person to himself or herself or others due to an acute 469 disturbance of behavior, thought or mood. 470 (4) The department shall develop standards to enable staff members 471 to determine whether the use of restraints or seclusion is 472 contraindicated for each incarcerated person, based on such person's 473 medical and psychiatric status. The department shall inform each 474 incarcerated person of their restraint or seclusion status and shall 475 maintain such person's restraint or seclusion status in a place easily 476 visible to staff members in the event that an emergency response is 477 necessary. 478 (e) (1) Any time the department restrains or confines a person 479 pursuant to subsection (b), (c) or (d) of this section, the department shall: 480 (A) Video and audio record each such incident from the moment the 481 use of restraints or confinement is imposed until the conclusion of such 482 usage; and 483 (B) Document de-escalation methods attempted, the cause for the 484 imposition of use of restraints or confinement and the method and 485 duration of any restraint used. 486 (2) The department shall retain any video or audio record or 487 document created pursuant to subdivision (1) of this subsection for a 488 period of not less than five years from the date of its creation. 489 [(b)] (f) The Department of Correction shall publish on its Internet 490 web site (1) the formula for calculating an inmate's mental health score, 491 [and] (2) a description of any form and phase of housing employed at 492 any of its correctional facilities for [inmates on restrictive housing status] 493 incarcerated persons held in isolated confinement, (3) any report 494 pursuant to subsection (g) of this section, and (4) data used in such 495 report in a downloadable, sortable format. 496 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 18 of 31 [(c)] (g) The Department of Correction shall at least annually submit 497 to the Criminal Justice Policy and Planning Division established under 498 section 4-68m a report containing as [aggregated] disaggregated and 499 anonymized the following data: 500 (1) The number of [inmates on restrictive housing status] incarcerated 501 persons in isolated confinement in this state's correctional facilities, as 502 of the first day of each of the twelve months preceding the date of the 503 submission of the report [. The department shall report and 504 disaggregate such data based on an inmate's age, gender identity, 505 ethnicity, mental health score as calculated by the department, if any, 506 and the form and phase of housing in which such inmate is held on 507 restrictive housing status] and the total number of persons subjected to 508 isolated confinement during the twelve months preceding the date of 509 submission of the report; 510 [(2) The number of inmates on administrative segregation status who 511 have spent the following cumulative durations of time on 512 administrative segregation status: 513 (A) One to fifteen days; 514 (B) Sixteen to thirty days; 515 (C) Thirty-one to one hundred eighty days; 516 (D) One hundred eighty-one to three hundred sixty-five days; 517 (E) Three hundred sixty-six to seven hundred thirty days; 518 (F) Seven hundred thirty-one to one thousand ninety-five days; 519 (G) One thousand ninety-six to one thousand four hundred sixty 520 days; 521 (H) One thousand four hundred sixty-one to one thousand eight 522 hundred twenty-five days; 523 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 19 of 31 (I) One thousand eight hundred twenty-six to two thousand one 524 hundred ninety days; 525 (J) Two thousand one hundred ninety-one to two thousand five 526 hundred fifty-five days; 527 (K) Two thousand five hundred fifty-six to two thousand nine 528 hundred twenty days; 529 (L) Two thousand nine hundred twenty-one to three thousand two 530 hundred eighty-five days; 531 (M) Three thousand two hundred eighty-six to three thousand six 532 hundred fifty days; and 533 (N) More than three thousand six hundred fifty days; 534 (3) For each correctional facility, the number of inmates who, during 535 the twelve months preceding the date of the submission of the report, 536 spent more than fifteen days, cumulative, on administrative segregation 537 status. The department shall report and disaggregate such data based 538 on an inmate's age, gender identity, ethnicity, mental health score as 539 calculated by the department, if any, and the form and phase of 540 restricted housing in which such inmate is held;] 541 (2) A list of unique individuals in the custody of the department in 542 the twelve months preceding the date of the submission of the report 543 subjected to any form of isolated confinement. The list shall include the 544 following information for each person: Age, gender identity, ethnicity, 545 reason for placement in isolation, total number of days spent in isolated 546 confinement in the previous calendar year, total number of days spent 547 in isolated confinement over the course of the entire period of 548 incarceration, specific restrictive housing status, if any, and mental 549 health score as calculated by the department, if any; 550 (3) A list of unique individuals in the custody of the department in 551 the twelve months preceding the date of the submission of the report 552 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 20 of 31 subjected to restraints. The list shall include the following information 553 for each person: Age, gender identity, ethnicity, total number of hours 554 spent in restraints in the previous calendar year, specific restrictive 555 housing status, if any, and mental health score as calculated by the 556 department, if any; 557 (4) The number of incidents, broken down by correctional facility, for 558 each of the following in the previous calendar year and categorized as: 559 (A) Suicides; 560 (B) Attempted suicides; 561 (C) Self-harm; 562 (D) Use of force by staff members against incarcerated persons; 563 (E) Assaults by incarcerated persons on staff members; and 564 (F) Assaults between incarcerated persons. 565 (5) The number of incarcerated persons subjected to more than 566 seventy-two hours of isolated confinement in the previous calendar year 567 as categorized by the following periods of time: 568 (A) Up to fifteen days; 569 (B) Sixteen to thirty days; 570 (C) Thirty-one to seventy-nine days; or 571 (D) Eighty or more days; and 572 [(4)] (6) Actions taken by the department during the twelve months 573 preceding the date of the submission of the report to minimize reliance 574 on administrative segregation status and to mitigate the harmful effects 575 of administrative segregation status on [inmates] incarcerated persons, 576 staff members and the public. 577 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 21 of 31 [(d)] (h) The department shall not hold any person under eighteen 578 years of age on administrative segregation status. 579 [(e)] (i) Not later than January 1, [2019] 2021, the Commissioner of 580 Correction shall study and submit a report, in accordance with the 581 provisions of section 11-4a, to the joint standing committee of the 582 General Assembly having cognizance of matters relating to [the 583 judiciary] corrections regarding the use and oversight of all forms and 584 phases of housing for inmates on restrictive housing status. 585 [(f)] (j) The provisions of subsections (a) to [(d)] (h), inclusive, of this 586 section do not apply to any [inmate] incarcerated person described in 587 subsection (a) of section 18-10b. 588 [(g)] (k) Within available appropriations, the [Department of 589 Correction] department shall provide training to employees of the 590 department who interact with inmates concerning the following: 591 (1) The recognition of symptoms of mental illness; 592 (2) The potential risks and side effects of psychiatric medications; 593 (3) De-escalation techniques for safely managing individuals with 594 mental illness; 595 (4) Consequences of untreated mental illness; 596 (5) The long and short-term psychological effects of being on 597 administrative segregation status; 598 (6) The recognition of and techniques for mitigating trauma and 599 vicarious trauma; and 600 [(6)] (7) De-escalation and communication techniques to divert 601 inmates from situations that may lead to the inmate being placed on 602 administrative segregation status. 603 [(h)] (l) Within available appropriations, the Department of 604 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 22 of 31 Correction shall take measures to promote the wellness of employees of 605 the department who interact with inmates. These measures may 606 include, but need not be limited to: 607 (1) Employee assistance programs; 608 (2) Development and use of strategies to prevent and treat trauma-609 related effects on employees; 610 [(2)] (3) Peer support programs; and 611 [(3)] (4) Stress management training. 612 Sec. 3. Section 18-81gg of the general statutes is repealed and the 613 following is substituted in lieu thereof (Effective October 1, 2021): 614 (a) (1) The Commissioner of Correction shall establish visitation 615 policies for [any inmate who is a parent to a child under the age of 616 eighteen] incarcerated persons. Such policies shall: 617 (A) Permit at least one sixty-minute contact social visit per week; 618 (B) Permit visitation by members of an incarcerated person's 619 immediate family, extended family, unmarried coparents, unmarried 620 romantic partners and close personal friends. No person's past criminal 621 conviction shall be the sole or primary basis for denying a person's 622 application to visit; 623 (C) Provide that no incarcerated person may be restrained during a 624 contact social visit; and 625 (D) Provide that no incarcerated person may be deprived of a contact 626 social visit under this subsection without a hearing at which the 627 Department of Correction shall bear the burden of showing by clear and 628 convincing evidence that the denial of contact social visits is necessary 629 (i) to protect against a substantiated threat of imminent physical harm 630 to department employees, the visitor or another person; or (ii) to prevent 631 the introduction of contraband. 632 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 23 of 31 (2) The department may not deprive an incarcerated person of 633 contact social visits provided for in this subsection for a period in excess 634 of ninety days. 635 (3) Any policies developed pursuant to subdivision (1) of this 636 subsection for any incarcerated person who is a parent to a child under 637 the age of eighteen shall include, but need not be limited to, rules 638 regarding: [(1)] (A) Physical contact, [(2)] (B) convenience and frequency 639 of visits, and [(3)] (C) access to child-friendly visiting areas. 640 (4) For purposes of this subsection, "contact social visit" means an in-641 person meeting between an incarcerated person and an approved 642 visitor who are not separated from each other by any physical divider, 643 including, but not limited to, a screen or partition. 644 (5) The provisions of this subsection do not apply to any incarcerated 645 person described in subsection (a) of section 18-10b. 646 (b) (1) The commissioner shall establish policies concerning mail to 647 and from incarcerated persons. Such policies shall: 648 (A) Provide that each incarcerated person may write, send and 649 receive letters, without limitation on the number of any such letters such 650 incarcerated person receives, or writes and sends at his or her own 651 personal expense, and 652 (B) Prohibit unnecessary delays in the processing of incoming and 653 outgoing mail to or from an incarcerated person. 654 (2) Each correctional facility commissary shall sell: (A) Stationery, 655 envelopes, postcards, greeting cards and postage; and (B) aerogramme 656 folding letters for foreign air mail letters. 657 (3) The department shall provide each incarcerated person the 658 following items free of charge: 659 (A) Materials and postage needed to send two social letters per week; 660 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 24 of 31 (B) A writing instrument; and 661 (C) At least twenty sheets of writing paper, per month, and eight 662 letter-size envelopes with postage for eight letters per month, for 663 purposes including, but not limited to, social letters. Additional sheets 664 of paper for letters to the court or attorneys may be authorized upon 665 reasonable requests that demonstrate the need for such items by the 666 incarcerated person. 667 (4) The department may not deprive an incarcerated person the 668 ability to write, send or receive letters provided for in this subsection as 669 a matter of discipline, retaliation or convenience. 670 (c) (1) The commissioner shall establish policies concerning telephone 671 calls to and from incarcerated persons. Such policies shall: 672 (A) Ensure incarcerated persons may make or receive at least two 673 social phone calls per week; 674 (B) Ensure incarcerated persons may make telephone calls that last in 675 total time up to sixty minutes free of charge for social telephone calls; 676 and 677 (C) Prohibit the department from depriving an incarcerated person 678 of telephone calls as provided for in this subsection as a matter of 679 discipline, retaliation or convenience. 680 Sec. 4. Subdivision (16) of section 31-275 of the general statutes is 681 repealed and the following is substituted in lieu thereof (Effective October 682 1, 2021): 683 (16) (A) "Personal injury" or "injury" includes, in addition to 684 accidental injury that may be definitely located as to the time when and 685 the place where the accident occurred, an injury to an employee that is 686 causally connected with the employee's employment and is the direct 687 result of repetitive trauma or repetitive acts incident to such 688 employment, and occupational disease. 689 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 25 of 31 (B) "Personal injury" or "injury" shall not be construed to include: 690 (i) An injury to an employee that results from the employee's 691 voluntary participation in any activity the major purpose of which is 692 social or recreational, including, but not limited to, athletic events, 693 parties and picnics, whether or not the employer pays some or all of the 694 cost of such activity; 695 (ii) A mental or emotional impairment, unless such impairment (I) 696 arises from a physical injury or occupational disease, (II) in the case of a 697 police officer of the Division of State Police within the Department of 698 Emergency Services and Public Protection, an organized local police 699 department or a municipal constabulary, or a correction officer 700 employed by the Department of Correction, arises from such [police] 701 officer's use of deadly force or subjection to deadly force in the line of 702 duty, regardless of whether such [police] officer is physically injured, 703 provided such [police] officer is the subject of an attempt by another 704 person to cause such [police] officer serious physical injury or death 705 through the use of deadly force, and such [police] officer reasonably 706 believes such [police] officer to be the subject of such an attempt, or (III) 707 in the case of a police officer, parole officer, correction officer or 708 firefighter, is a diagnosis of post-traumatic stress disorder as defined in 709 section 31-294k, as amended by this act, that meets all the requirements 710 of section 31-294k, as amended by this act. As used in this clause, "in the 711 line of duty" means any action that a police officer or correction officer 712 is obligated or authorized by law, rule, regulation or written condition 713 of employment service to perform, or for which the police officer, 714 correction officer or firefighter is compensated by the public entity such 715 officer serves; 716 (iii) A mental or emotional impairment that results from a personnel 717 action, including, but not limited to, a transfer, promotion, demotion or 718 termination; or 719 (iv) Notwithstanding the provisions of subparagraph (B)(i) of this 720 subdivision, "personal injury" or "injury" includes injuries to employees 721 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 26 of 31 of local or regional boards of education resulting from participation in a 722 school-sponsored activity but does not include any injury incurred 723 while going to or from such activity. As used in this clause, "school-724 sponsored activity" means any activity sponsored, recognized or 725 authorized by a board of education and includes activities conducted on 726 or off school property and "participation" means acting as a chaperone, 727 advisor, supervisor or instructor at the request of an administrator with 728 supervisory authority over the employee. 729 Sec. 5. Section 31-294k of the general statutes is repealed and the 730 following is substituted in lieu thereof (Effective October 1, 2021): 731 (a) As used in this section: 732 (1) "Correction officer" means a correction officer employed by the 733 Department of Correction; 734 [(1)] (2) "Firefighter" has the same meaning as provided in section 7-735 313g; 736 [(2)] (3) "In the line of duty" means any action that a police officer, 737 parole officer, correction officer or firefighter is obligated or authorized 738 by law, rule, regulation or written condition of employment service to 739 perform, or for which the officer or firefighter is compensated by the 740 public entity such officer or firefighter serves, except that, in the case of 741 a volunteer firefighter, such action or service constitutes fire duties, as 742 defined in subsection (b) of section 7-314b; 743 [(3)] (4) "Mental health professional" means a board-certified 744 psychiatrist or a psychologist licensed pursuant to chapter 383, who has 745 experience diagnosing and treating post-traumatic stress disorder; 746 [(4)] (5) "Parole officer" means an employee of the Department of 747 Correction who supervises inmates in the community after their release 748 from prison on parole or under another prison release program; 749 [(5)] (6) "Police officer" has the same meaning as provided in section 750 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 27 of 31 7-294a, except that "police officer" does not include an officer of a law 751 enforcement unit of the Mashantucket Pequot Tribe or the Mohegan 752 Tribe of Indians of Connecticut; 753 [(6)] (7) "Post-traumatic stress disorder" means a disorder that meets 754 the diagnostic criteria for post-traumatic stress disorder as specified in 755 the most recent edition of the American Psychiatric Association's 756 "Diagnostic and Statistical Manual of Mental Disorders"; and 757 [(7)] (8) "Qualifying event" means an event occurring in the line of 758 duty on or after July 1, 2019, in which a police officer, parole officer, 759 correction officer or firefighter: 760 (A) Views a deceased minor; 761 (B) Witnesses the death of a person or an incident involving the death 762 of a person; 763 (C) Witnesses an injury to a person who subsequently dies before or 764 upon admission at a hospital as a result of the injury and not as a result 765 of any other intervening cause; 766 (D) Has physical contact with and treats an injured person who 767 subsequently dies before or upon admission at a hospital as a result of 768 the injury and not as a result of any other intervening cause; 769 (E) Carries an injured person who subsequently dies before or upon 770 admission at a hospital as a result of the injury and not as a result of any 771 other intervening cause; or 772 (F) Witnesses a traumatic physical injury that results in the loss of a 773 vital body part or a vital body function that results in permanent 774 disfigurement of the victim. 775 (b) A diagnosis of post-traumatic stress disorder is compensable as a 776 personal injury as described in subparagraph (B)(ii)(III) of subdivision 777 (16) of section 31-275, as amended by this act, if a mental health 778 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 28 of 31 professional examines a police officer, parole officer, correction officer 779 or firefighter and diagnoses the officer or firefighter with post-traumatic 780 stress disorder as a direct result of a qualifying event, provided (1) the 781 post-traumatic stress disorder resulted from the officer or firefighter 782 acting in the line of duty and, in the case of a firefighter, such firefighter 783 complied with Federal Occupational Safety and Health Act standards 784 adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, (2) a 785 qualifying event was a substantial factor in causing the disorder, (3) 786 such qualifying event, and not another event or source of stress, was the 787 primary cause of the post-traumatic stress disorder, and (4) the post-788 traumatic stress disorder did not result from any disciplinary action, 789 work evaluation, job transfer, layoff, demotion, promotion, termination, 790 retirement or similar action of the officer or firefighter. Any such mental 791 health professional shall comply with any workers' compensation 792 guidelines for approved medical providers, including, but not limited 793 to, guidelines on release of past or contemporaneous medical records. 794 (c) Whenever liability to pay compensation is contested by the 795 employer, the employer shall file with the commissioner, on or before 796 the twenty-eighth day after the employer has received a written notice 797 of claim, a notice in accordance with a form prescribed by the 798 chairperson of the Workers' Compensation Commission stating that the 799 right to compensation is contested, the name of the claimant, the name 800 of the employer, the date of the alleged injury and the specific grounds 801 on which the right to compensation is contested. The employer shall 802 send a copy of the notice to the employee in accordance with section 31-803 321. If the employer or the employer's legal representative fails to file 804 the notice contesting liability on or before the twenty-eighth day after 805 receiving the written notice of claim, the employer shall commence 806 payment of compensation for such injury on or before the twenty-eighth 807 day after receiving the written notice of claim, but the employer may 808 contest the employee's right to receive compensation on any grounds or 809 the extent of the employee's disability within one hundred eighty days 810 from the receipt of the written notice of claim and any benefits paid 811 during the one hundred eighty days shall be considered payments 812 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 29 of 31 without prejudice, provided the employer shall not be required to 813 commence payment of compensation when the written notice of claim 814 has not been properly served in accordance with section 31-321 or when 815 the written notice of claim fails to include a warning that the employer 816 (1) if the employer has commenced payment for the alleged injury on or 817 before the twenty-eighth day after receiving a written notice of claim, 818 shall be precluded from contesting liability unless a notice contesting 819 liability is filed within one hundred eighty days from the receipt of the 820 written notice of claim, and (2) shall be conclusively presumed to have 821 accepted the compensability of the alleged injury unless the employer 822 either files a notice contesting liability on or before the twenty-eighth 823 day after receiving a written notice of claim or commences payment for 824 the alleged injury on or before such twenty-eighth day. An employer 825 shall be entitled, if the employer prevails, to reimbursement from the 826 claimant of any compensation paid by the employer on and after the 827 date the commissioner receives written notice from the employer or the 828 employer's legal representative, in accordance with the form prescribed 829 by the chairperson of the Workers' Compensation Commission, stating 830 that the right to compensation is contested. Notwithstanding the 831 provisions of this subsection, an employer who fails to contest liability 832 for an alleged injury on or before the twenty-eighth day after receiving 833 a written notice of claim and who fails to commence payment for the 834 alleged injury on or before such twenty-eighth day, shall be conclusively 835 presumed to have accepted the compensability of the alleged injury. If 836 an employer has opted to post an address of where notice of a claim for 837 compensation by an employee shall be sent, as described in subsection 838 (a) of section 31-294c, the twenty-eight-day period set forth in this 839 subsection shall begin on the date when such employer receives written 840 notice of a claim for compensation at such posted address. 841 (d) Notwithstanding any provision of this chapter, workers' 842 compensation benefits for any police officer, parole officer, correction 843 officer or firefighter for a personal injury described in subparagraph 844 (B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, 845 shall (1) include any combination of medical treatment prescribed by a 846 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 30 of 31 board-certified psychiatrist or a licensed psychologist, temporary total 847 incapacity benefits under section 31-307 and temporary partial 848 incapacity benefits under subsection (a) of section 31-308, and (2) be 849 provided for a maximum of fifty-two weeks from the date of diagnosis. 850 No medical treatment, temporary total incapacity benefits under section 851 31-307 or temporary partial incapacity benefits under subsection (a) of 852 section 31-308 shall be awarded beyond four years from the date of the 853 qualifying event that formed the basis for the personal injury. The 854 weekly benefits received by an officer or a firefighter pursuant to section 855 31-307 or subsection (a) of section 31-308, when combined with other 856 benefits including, but not limited to, contributory and noncontributory 857 retirement benefits, Social Security benefits, benefits under a long-term 858 or short-term disability plan, but not including payments for medical 859 care, shall not exceed the average weekly wage paid to such officer or 860 firefighter. An officer or firefighter receiving benefits pursuant to this 861 subsection shall not be entitled to benefits pursuant to subsection (b) of 862 section 31-308 or section 31-308a. 863 Sec. 6. Section 31-294h of the general statutes is repealed and the 864 following is substituted in lieu thereof (Effective October 1, 2021): 865 Notwithstanding any provision of this chapter, workers' 866 compensation benefits for any correction officer or police officer, as 867 described in subparagraph (B)(ii)(II) of subdivision (16) of section 31-868 275, as amended by this act, who suffers a mental or emotional 869 impairment arising from such [police] officer's use of deadly force or 870 subjection to deadly force in the line of duty, shall be limited to 871 treatment by a psychologist or a psychiatrist who is on the approved list 872 of practicing physicians established by the chairperson of the Workers' 873 Compensation Commission pursuant to section 31-280. 874 Sec. 7. Section 7-294ff of the general statutes is repealed and the 875 following is substituted in lieu thereof (Effective October 1, 2021): 876 (a) Not later than January 1, [2020] 2022, the Police Officer Standards 877 and Training Council, established under section 7-294b, the Department 878 Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 31 of 32 of Correction and the Commission on Fire Prevention and Control shall 879 develop and promulgate a model critical incident and peer support 880 policy to support the mental health care and wellness of police officers, 881 as defined in section 7-294a, parole officers, as defined in section 31-882 294k, as amended by this act, correction officers employed by the 883 Department of Correction and firefighters, as defined in section 31-294k, 884 as amended by this act. 885 (b) Not later than July 1, [2020] 2022, each law enforcement unit as 886 defined in section 7-294a, the Department of Correction as employer of 887 parole officers and correction officers, each municipal or state paid or 888 volunteer fire department and each municipal entity employing a fire 889 marshal, deputy fire marshal, fire investigator, fire inspector or other 890 class of investigator or inspector for whom the State Fire Marshal and 891 the Codes and Standards Committee, acting jointly, have adopted 892 minimum standards of qualification pursuant to section 29-298, shall (1) 893 adopt and maintain a written policy that meets or exceeds the standards 894 of the model policy developed pursuant to subsection (a) of this section; 895 (2) make peer support available to such officers and firefighters; and (3) 896 refer an officer or firefighter, as appropriate, seeking mental health care 897 services to a mental health professional, as defined in section 31-294k, 898 as amended by this act. 899 Sec. 8. Section 18-82a of the general statutes is repealed and the 900 following is substituted in lieu thereof (Effective October 1, 2021): 901 In consultation with the Department of Mental Health and Addiction 902 Services, the Department of Correction shall provide resilience and self-903 care technique training for each parole officer, as defined in section 31-904 294k, as amended by this act, hired on or after January 1, 2020, and each 905 correction officer hired on or after January 1, 2022. 906 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 18-81jj Substitute Bill No. 1059 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- R01-SB.docx } 32 of 32 Sec. 2 July 1, 2022 18-96b Sec. 3 October 1, 2021 18-81gg Sec. 4 October 1, 2021 31-275(16) Sec. 5 October 1, 2021 31-294k Sec. 6 October 1, 2021 31-294h Sec. 7 October 1, 2021 7-294ff Sec. 8 October 1, 2021 18-82a JUD Joint Favorable Subst.