Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB01059 Comm Sub / Bill

Filed 04/26/2021

                     
 
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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 Section 18-81jj of the general statutes is repealed and the 1 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 
 
 
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(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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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(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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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(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 
 
 
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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 
 
 
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[(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 
 
 
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(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 
 
 
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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 
 
 
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[(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 
 
 
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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 
 
 
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(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 
 
 
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(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 
 
 
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(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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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.