CT
Connecticut Senate Bill SB01059

Connecticut 2021 Regular Session

Connecticut Senate Bill SB01059 Compare Versions

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7+General Assembly Substitute Bill No. 1059
8+January Session, 2021
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4-Substitute Senate Bill No. 1059
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6-Public Act No. 21-110
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912 AN ACT CONCERNING TH E OFFICE OF THE CORRECTION
10-OMBUDS, THE USE OF ISOLATED CONFINEMENT, SECLUSION
11-AND RESTRAINTS, SOCIAL CONTACTS FOR INCARCERATED
12-PERSONS AND TRAINING AND WORKERS' COMPENSATION
13-BENEFITS FOR CORRECTION.
13+OMBUDS, THE USE OF ISOLATED CONFINEMENT, SECLUSION AND
14+RESTRAINTS, SOCIAL CONTACTS FOR INCARCERATED PERSONS
15+AND TRAINING AND WOR KERS' COMPENSATION B ENEFITS FOR
16+CORRECTION OFFICERS.
1417 Be it enacted by the Senate and House of Representatives in General
1518 Assembly convened:
1619
17-Section 1. Section 18-81jj of the general statutes is repealed and the
18-following is substituted in lieu thereof (Effective October 1, 2021):
19-(a) (1) There is, within the Office of Governmental Accountability
20-established under section 1-300, the Office of the Correction Ombuds for
21-the provision of ombuds services.
22-[(a)] (2) For [the] purposes of this section, ["ombudsman services"]
23-"ombuds services" includes: [(1) the receipt of]
24-(A) Evaluating the delivery of services to incarcerated persons by the
25-Department of Correction, its contractors and other entities that provide
26-services to people detained in correctional institutions or halfway
27-houses through funding provided by the state;
28-(B) Reviewing periodically the procedures established by the
29-Department of Correction to carry out the provisions of title 18 with a
30-view toward the rights of incarcerated persons; Substitute Senate Bill No. 1059
20+Section 1. Section 18-81jj of the general statutes is repealed and the 1
21+following is substituted in lieu thereof (Effective October 1, 2021): 2
22+(a) (1) There is, within the Office of Governmental Accountability 3
23+established under section 1-300, the Office of the Correction Ombuds for 4
24+the provision of ombuds services. 5
25+[(a)] (2) For [the] purposes of this section, ["ombudsman services"] 6
26+"ombuds services" includes: 7
27+[(1) the receipt of] (A) Evaluating the delivery of services to 8
28+incarcerated persons by the Department of Correction, its contractors 9
29+and other entities that provide services to people detained in 10
30+correctional institutions or halfway houses through funding provided 11
31+by the state; 12
32+(B) Reviewing periodically the procedures established by the 13
33+Department of Correction to carry out the provisions of title 18 with a 14
34+view toward the rights of incarcerated persons; 15 Substitute Bill No. 1059
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34-(C) Receiving complaints [by the ombudsman] from persons
35-[eighteen years of age or younger] in the custody of the Commissioner
36-of Correction regarding decisions, actions, omissions, policies,
37-procedures, rules or regulations of the Department of Correction; [,]
38-[(2) investigating] (D) Investigating such complaints, rendering a
39-decision on the merits of each complaint and communicating the
40-decision to the complainant; [, (3) recommending]
41-(E) Recommending to the commissioner a resolution of any
42-complaint found to have merit; [, (4) recommending]
43-(F) Reviewing the operation of facilities and procedures employed at
44-such facilities where a person may be housed who is in the custody of
45-the commissioner;
46-(G) Providing assistance including, but not limited to, advocating
47-with a department or service provider or others on behalf of the
48-incarcerated person;
49-(H) Recommending procedure and policy revisions to the
50-department; [, and (5) publishing]
51-(I) Taking all possible actions, including, but not limited to,
52-conducting programs of public education, undertaking legislative
53-advocacy and making proposals for systemic reform and formal legal
54-action, in order to secure and ensure the rights of persons in the custody
55-of the commissioner; and
56-(J) Publishing a [quarterly] semiannual report of all [ombudsman]
57-ombuds services and activities.
58-(b) [The Commissioner of Correction shall hire a person to provide
59-ombudsman services and shall annually report the name of such person
60-to the joint standing committee of the General Assembly having Substitute Senate Bill No. 1059
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41+(C) Receiving complaints [by the ombudsman] from persons 16
42+[eighteen years of age or younger] in the custody of the Commissioner 17
43+of Correction regarding decisions, actions, omissions, policies, 18
44+procedures, rules or regulations of the Department of Correction; [,] 19
45+[(2) investigating] (D) Investigating such complaints, rendering a 20
46+decision on the merits of each complaint and communicating the 21
47+decision to the complainant; [, (3) recommending] 22
48+(E) Recommending to the commissioner a resolution of any 23
49+complaint found to have merit; [, (4) recommending] 24
50+(F) Reviewing the operation of facilities and procedures employed at 25
51+such facilities where a person may be housed who is in the custody of 26
52+the commissioner; 27
53+(G) Providing assistance including, but not limited to, advocating 28
54+with a department or service provider or others on behalf of the 29
55+incarcerated person; 30
56+(H) Recommending procedure and policy revisions to the 31
57+department; [, and (5) publishing] 32
58+(I) Taking all possible actions, including, but not limited to, 33
59+conducting programs of public education, undertaking legislative 34
60+advocacy and making proposals for systemic reform and formal legal 35
61+action, in order to secure and ensure the rights of persons in the custody 36
62+of the commissioner; and 37
63+(J) Publishing a quarterly report of all [ombudsman] ombuds services 38
64+and activities. 39
65+(b) [The Commissioner of Correction shall hire a person to provide 40
66+ombudsman services and shall annually report the name of such person 41
67+to the joint standing committee of the General Assembly having 42
68+cognizance of matters relating to the Department of Correction in 43
69+accordance with the provisions of section 11-4a. In addition to the 44 Substitute Bill No. 1059
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64-cognizance of matters relating to the Department of Correction in
65-accordance with the provisions of section 11-4a. In addition to the
66-executive assistant positions authorized under subdivision (10) of
67-section 5-198, the commissioner may hire an executive assistant to carry
68-out the duties of this section.] (1) Not later than October 1, 2021, and
69-upon any vacancy in the position of Correction Ombuds, the Governor
70-shall nominate a person qualified by training and experience to perform
71-and lead the office of Correction Ombuds. Any nomination by the
72-Governor for appointment of Correction Ombuds shall be referred,
73-without debate, to the joint standing committee of the General Assembly
74-having cognizance of matters relating to corrections which shall report
75-on each appointment not later than thirty days after the date of
76-reference. Each such appointment by the General Assembly shall be by
77-concurrent resolution.
78-(2) The person appointed as Correction Ombuds shall serve for an
79-initial term of two years and may serve until a successor is appointed
80-and confirmed in accordance with this section and be reappointed for
81-succeeding terms.
82-(3) Upon any vacancy in the position of Correction Ombuds and until
83-such time as a candidate has been confirmed by the General Assembly
84-or, if the General Assembly is not in session, the candidate designated
85-for appointment by the Governor shall serve as the acting Correction
86-Ombuds and be entitled to the compensation, privileges and powers of
87-the Correction Ombuds until the General Assembly meets to take action
88-on said appointment.
89-(4) Notwithstanding any provision of the general statutes, the
90-Correction Ombuds shall act independently of any department in the
91-performance of the office's duties.
92-(5) The Correction Ombuds may, within available funds, appoint
93-such staff as may be deemed necessary. The duties of the staff may Substitute Senate Bill No. 1059
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97-include the duties and powers of the Correction Ombuds if performed
98-under the direction of the Correction Ombuds.
99-(6) The General Assembly shall annually appropriate such sums as
100-necessary for the payment of the salaries of the staff and for the payment
101-of office expenses and other actual expenses incurred by the Correction
102-Ombuds in the performance of his or her duties. Any legal or court fees
103-obtained by the state in actions brought by the Correction Ombuds shall
104-be deposited in the General Fund.
105-(7) The Correction Ombuds shall annually submit, in accordance with
106-the provisions of section 11-4a, to the Governor and the joint standing
107-committees of the General Assembly having cognizance of matters
108-relating to corrections, public health and human services a detailed
109-report analyzing the work of the Office of the Correction Ombuds.
110-(c) Prior to any person [eighteen years of age or younger] in the
111-custody of the Commissioner of Correction obtaining [ombudsman]
112-ombuds services, such person shall have reasonably pursued a
113-resolution of the complaint through any existing internal grievance of
114-appellate procedures of the Department of Correction.
115-(d) All oral and written communications, and records relating to such
116-communications between a person [eighteen years of age or younger] in
117-the custody of the Commissioner of Correction and the [ombudsman]
118-Correction Ombuds or a member of the [ombudsman's] Office of the
119-Correction Ombuds staff, including, but not limited to, the identity of a
120-complainant, the details of a complaint and the investigative findings
121-and conclusions of the [ombudsman] Correction Ombuds shall be
122-confidential and shall not be disclosed without the consent of the
123-person, except that the [ombudsman] Correction Ombuds may disclose
124-without the consent of the person (1) such communications or records
125-as may be necessary for the [ombudsman] Correction Ombuds to
126-conduct an investigation and support any recommendations the Substitute Senate Bill No. 1059
76+executive assistant positions authorized under subdivision (10) of 45
77+section 5-198, the commissioner may hire an executive assistant to carry 46
78+out the duties of this section.] (1) Not later than October 1, 2021, and 47
79+upon any vacancy in the position of Correction Ombuds, the Governor 48
80+shall nominate a person qualified by training and experience to perform 49
81+and lead the office of Correction Ombuds. Any nomination by the 50
82+Governor for appointment of Correction Ombuds shall be referred, 51
83+without debate, to the joint standing committee of the General Assembly 52
84+having cognizance of matters relating to corrections which shall report 53
85+on each appointment not later than thirty days after the date of 54
86+reference. Each such appointment by the General Assembly shall be by 55
87+concurrent resolution. 56
88+(2) The person appointed as Correction Ombuds shall serve for an 57
89+initial term of two years and may be reappointed for succeeding terms. 58
90+(3) Upon any vacancy in the position of Correction Ombuds and until 59
91+such time as a candidate has been confirmed by the General Assembly 60
92+or, if the General Assembly is not in session, the candidate designated 61
93+for appointment by the Governor shall serve as the acting Correction 62
94+Ombuds and be entitled to the compensation, privileges and powers of 63
95+the Correction Ombuds until the General Assembly meets to take action 64
96+on said appointment. 65
97+(4) Notwithstanding any provision of the general statutes, the 66
98+Correction Ombuds shall act independently of any department in the 67
99+performance of the office's duties. 68
100+(5) The Correction Ombuds may, within available funds, appoint 69
101+such staff as may be deemed necessary. The duties of the staff may 70
102+include the duties and powers of the Correction Ombuds if performed 71
103+under the direction of the Correction Ombuds. 72
104+(6) The General Assembly shall annually appropriate such sums as 73
105+necessary for the payment of the salaries of the staff and for the payment 74
106+of office expenses and other actual expenses incurred by the Correction 75 Substitute Bill No. 1059
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130-ombudsman may make, or (2) the formal disposition of a person's
131-complaint when requested in writing by a court that is hearing such
132-person's application for a writ of habeas corpus that was filed
133-subsequent to an adverse finding by the [ombudsman] Correction
134-Ombuds on such person's complaint.
135-(e) Notwithstanding the provisions of subsection (d) of this section,
136-whenever in the course of providing [ombudsman] ombuds services,
137-the [ombudsman] Correction Ombuds or a member of the
138-[ombudsman's] Office of the Correction Ombuds staff becomes aware
139-of the commission or planned commission of a criminal act or a threat
140-to the health and safety of any person or the security of a correctional
141-facility, the [ombudsman] Correction Ombuds shall notify the
142-Commissioner of Correction or a facility administrator of such act or
143-threat and the nature and target of the act or threat.
144-(f) If the Commissioner of Correction has a reasonable belief that a
145-person [eighteen years of age or younger] in the custody of the
146-commissioner has made or provided to the [ombudsman] Correction
147-Ombuds an oral or written communication concerning a safety or
148-security threat within the Department of Correction or directed against
149-an employee of the department, the [ombudsman] Correction Ombuds
150-shall provide to the commissioner all oral or written communications
151-relevant to such threat.
152-(g) Notwithstanding any provision of the general statutes concerning
153-the confidentiality of records and information, the Correction Ombuds
154-shall have access to, including the right to inspect and copy, any records
155-necessary to carry out the responsibilities of the Correction Ombuds as
156-provided in subsection (a) of this section. If the Correction Ombuds is
157-denied access to any records necessary to carry out said responsibilities,
158-he or she may issue a subpoena for the production of such records as
159-provided in subsection (i) of this section. Substitute Senate Bill No. 1059
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113+Ombuds in the performance of his or her duties. Any legal or court fees 76
114+obtained by the state in actions brought by the Correction Ombuds shall 77
115+be deposited in the General Fund. 78
116+(7) The Correction Ombuds shall annually submit, in accordance with 79
117+the provisions of section 11-4a, to the Governor and the joint standing 80
118+committees of the General Assembly having cognizance of matters 81
119+relating to corrections, public health and human services a detailed 82
120+report analyzing the work of the Office of the Correction Ombuds. 83
121+(c) Prior to any person [eighteen years of age or younger] in the 84
122+custody of the Commissioner of Correction obtaining [ombudsman] 85
123+ombuds services, such person shall have reasonably pursued a 86
124+resolution of the complaint through any existing internal grievance of 87
125+appellate procedures of the Department of Correction. 88
126+(d) All oral and written communications, and records relating to such 89
127+communications between a person [eighteen years of age or younger] in 90
128+the custody of the Commissioner of Correction and the [ombudsman] 91
129+Correction Ombuds or a member of the [ombudsman's] Office of the 92
130+Correction Ombuds staff, including, but not limited to, the identity of a 93
131+complainant, the details of a complaint and the investigative findings 94
132+and conclusions of the [ombudsman] Correction Ombuds shall be 95
133+confidential and shall not be disclosed without the consent of the 96
134+person, except that the [ombudsman] Correction Ombuds may disclose 97
135+without the consent of the person (1) such communications or records 98
136+as may be necessary for the [ombudsman] Correction Ombuds to 99
137+conduct an investigation and support any recommendations the 100
138+ombudsman may make, or (2) the formal disposition of a person's 101
139+complaint when requested in writing by a court that is hearing such 102
140+person's application for a writ of habeas corpus that was filed 103
141+subsequent to an adverse finding by the [ombudsman] Correction 104
142+Ombuds on such person's complaint. 105
143+(e) Notwithstanding the provisions of subsection (d) of this section, 106
144+whenever in the course of providing [ombudsman] ombuds services, 107 Substitute Bill No. 1059
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163-(h) In the performance of his or her responsibilities under subsection
164-(a) of this section, the Correction Ombuds may communicate privately
165-with any person in the custody of the commissioner. Such
166-communications shall be confidential.
167-(i) The Correction Ombuds may issue subpoenas to compel the
168-attendance and testimony of witnesses or the production of books,
169-papers and other documents and to administer oaths to witnesses in any
170-matter under his or her investigation. The person to whom such
171-subpoena is issued may, not later than fifteen days after service of such
172-subpoena, or on or before the time specified in the subpoena for
173-compliance if such time is less than fifteen days after service, serve upon
174-the Correction Ombuds written objection to the subpoena and file such
175-objection in the superior court for the judicial district of Hartford which
176-shall adjudicate such objection in accordance with the rules of the court.
177-If any person to whom such subpoena is issued fails to so object to or
178-appear or, having appeared, refuses to give testimony or fails to produce
179-the evidence required, the Correction Ombuds may apply to the
180-superior court for the judicial district of Hartford which shall have
181-jurisdiction to order such person to appear and give testimony or to
182-produce such evidence, as the case may be.
183-(j) The Correction Ombuds may apply for and accept grants, gifts and
184-bequests of funds from other states, federal and interstate agencies and
185-independent authorities and private firms, individuals and foundations,
186-for the purpose of carrying out his or her responsibilities. There is
187-established within the General Fund a Correction Ombuds account
188-which shall be a separate nonlapsing account. Any funds received under
189-this subsection shall, upon deposit in the General Fund, be credited to
190-said account and may be used by the Correction Ombuds in the
191-performance of his or her duties.
192-(k) The name, address and other personally identifiable information
193-of a person who makes a complaint to the Correction Ombuds and all Substitute Senate Bill No. 1059
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197-information obtained or generated by the office in the course of an
198-investigation and all confidential records obtained by the Correction
199-Ombuds or a designee shall be confidential and shall not be subject to
200-disclosure under the Freedom of Information Act or otherwise, except
201-that such information and records, other than confidential information
202-concerning a pending law enforcement investigation or a pending
203-prosecution, may be disclosed if the Correction Ombuds determines
204-that disclosure is (1) in the general public interest, or (2) necessary to
205-enable the Correction Ombuds to perform his or her responsibilities
206-under subsection (a) of this section. A person may appeal any
207-determination not to disclose information pursuant to this section in
208-accordance with section 4-183.
209-(l) No state or municipal agency shall discharge, or in any manner
210-discriminate or retaliate against, any employee who in good faith makes
211-a complaint to the Correction Ombuds or cooperates with the Office of
212-the Correction Ombuds in an investigation.
213-(m) The state of Connecticut shall protect and hold harmless any
214-attorney, director, investigator, social worker or other person employed
215-by the Office of the Correction Ombuds from financial loss and expense,
216-including legal fees and costs, if any, arising out of any claim, demand
217-or suit for damages resulting from acts or omissions committed in the
218-discharge of his or her duties with the program within the scope of his
219-or her employment which may constitute negligence but which acts are
220-not wanton, malicious or grossly negligent as determined by a court of
221-competent jurisdiction.
222-(n) The Office of the Correction Ombuds shall conduct a study
223-regarding the conditions in the state's correctional facilities and halfway
224-houses. Not later than October 1, 2022, and annually thereafter, the
225-Correction Ombuds shall submit a report, in accordance with section 11-
226-4a to the joint standing committee of the General Assembly having
227-cognizance of matters relating to corrections regarding the conditions of Substitute Senate Bill No. 1059
151+the [ombudsman] Correction Ombuds or a member of the 108
152+[ombudsman's] Office of the Correction Ombuds staff becomes aware 109
153+of the commission or planned commission of a criminal act or a threat 110
154+to the health and safety of any person or the security of a correctional 111
155+facility, the [ombudsman] Correction Ombuds shall notify the 112
156+Commissioner of Correction or a facility administrator of such act or 113
157+threat and the nature and target of the act or threat. 114
158+(f) If the Commissioner of Correction has a reasonable belief that a 115
159+person [eighteen years of age or younger] in the custody of the 116
160+commissioner has made or provided to the [ombudsman] Correction 117
161+Ombuds an oral or written communication concerning a safety or 118
162+security threat within the Department of Correction or directed against 119
163+an employee of the department, the [ombudsman] Correction Ombuds 120
164+shall provide to the commissioner all oral or written communications 121
165+relevant to such threat. 122
166+(g) Notwithstanding any provision of the general statutes concerning 123
167+the confidentiality of records and information, the Correction Ombuds 124
168+shall have access to, including the right to inspect and copy, any records 125
169+necessary to carry out the responsibilities of the Correction Ombuds as 126
170+provided in subsection (a) of this section. If the Correction Ombuds is 127
171+denied access to any records necessary to carry out said responsibilities, 128
172+he or she may issue a subpoena for the production of such records as 129
173+provided in subsection (i) of this section. 130
174+(h) In the performance of his or her responsibilities under subsection 131
175+(a) of this section, the Correction Ombuds may communicate privately 132
176+with any person in the custody of the commissioner. Such 133
177+communications shall be confidential. 134
178+(i) The Correction Ombuds may issue subpoenas to compel the 135
179+attendance and testimony of witnesses or the production of books, 136
180+papers and other documents and to administer oaths to witnesses in any 137
181+matter under his or her investigation. If any person to whom such 138
182+subpoena is issued fails to appear or, having appeared, refuses to give 139 Substitute Bill No. 1059
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231-confinement in the state's correctional facilities and halfway houses.
232-Sec. 2. Section 18-96b of the general statutes is repealed and the
233-following is substituted in lieu thereof (Effective July 1, 2022):
234-(a) As used in this section:
235-(1) "Abuse" means any act or omission by a department employee or
236-a person working under a contract or as a volunteer with the
237-department who acts or fails to act knowingly, recklessly or
238-intentionally, each as defined in section 53a-3, and which act or omission
239-caused, or could have caused mental harm, physical injury or death to
240-an incarcerated person;
241-[(1)] (2) "Administrative segregation status" means the Department of
242-Correction's practice of placing an inmate on restrictive housing status
243-following a determination that such inmate can no longer be safely
244-managed within the general inmate population of the correctional
245-facility; [and]
246-(3) "Commissioner" means the Commissioner of Correction;
247-(4) "De-escalation" means to effectively defuse a crisis without the use
248-of force by using tactics learned through training to recognize and
249-respond to emotions;
250-(5) "Department" means the Department of Correction;
251-(6) "Form and phase of housing" means any status, restrictive or
252-otherwise, that an incarcerated person may experience while in the
253-custody of the commissioner;
254-(7) "Incarcerated person" means a person confined and in the custody
255-and care of the Commissioner of Correction, including those persons in
256-pretrial, presentencing or post-conviction confinement; Substitute Senate Bill No. 1059
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189+testimony or fails to produce the evidence required, the Correction 140
190+Ombuds may apply to the superior court for the judicial district of 141
191+Hartford which shall have jurisdiction to order such person to appear 142
192+and give testimony or to produce such evidence, as the case may be. 143
193+(j) The Correction Ombuds may apply for and accept grants, gifts and 144
194+bequests of funds from other states, federal and interstate agencies and 145
195+independent authorities and private firms, individuals and foundations, 146
196+for the purpose of carrying out his or her responsibilities. There is 147
197+established within the General Fund a Correction Ombuds account 148
198+which shall be a separate nonlapsing account. Any funds received under 149
199+this subsection shall, upon deposit in the General Fund, be credited to 150
200+said account and may be used by the Correction Ombuds in the 151
201+performance of his or her duties. 152
202+(k) The name, address and other personally identifiable information 153
203+of a person who makes a complaint to the Correction Ombuds and all 154
204+information obtained or generated by the office in the course of an 155
205+investigation and all confidential records obtained by the Correction 156
206+Ombuds or a designee shall be confidential and shall not be subject to 157
207+disclosure under the Freedom of Information Act or otherwise, except 158
208+that such information and records, other than confidential information 159
209+concerning a pending law enforcement investigation or a pending 160
210+prosecution, may be disclosed if the Correction Ombuds determines 161
211+that disclosure is (1) in the general public interest, or (2) necessary to 162
212+enable the Correction Ombuds to perform his or her responsibilities 163
213+under subsection (a) of this section. 164
214+(l) No state or municipal agency shall discharge, or in any manner 165
215+discriminate or retaliate against, any employee who in good faith makes 166
216+a complaint to the Correction Ombuds or cooperates with the Office of 167
217+the Correction Ombuds in an investigation. 168
218+(m) The state of Connecticut shall protect and hold harmless any 169
219+attorney, director, investigator, social worker or other person employed 170
220+by the Office of the Correction Ombuds and any volunteer appointed 171 Substitute Bill No. 1059
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260-(8) "Isolated confinement" means confinement of an incarcerated
261-person in a cell, alone or with others, for more than seventeen and one-
262-half hours per day;
263-(9) "Life-threatening physical restraint" means any physical restraint
264-or hold of a person that (A) restricts the flow of air into a person's lungs,
265-whether by chest compression or any other means, or (B) immobilizes
266-or reduces the free movement of a person's arms, legs or head while the
267-person is in the prone position;
268-(10) "Medical professional" means (A) A physician licensed under
269-chapter 370; (B) a physician assistant licensed under chapter 370; or (C)
270-an advanced practice registered nurse, registered nurse or practical
271-nurse licensed under chapter 378;
272-(11) "Member of a vulnerable population" means any incarcerated
273-person who:
274-(A) Is twenty-one years of age or younger, or sixty-five years of age
275-or older;
276-(B) Has a mental disability, as defined in section 53a-181i, a history of
277-psychiatric hospitalization, or has recently exhibited self-harming
278-conduct, including, but not limited to, self-mutilation;
279-(C) Has a developmental disability, as defined in section 17b-28;
280-(D) Has a serious medical condition that cannot be effectively treated
281-in isolated confinement;
282-(E) Is pregnant, is in the postpartum period, or has recently suffered
283-a miscarriage or terminated a pregnancy; or
284-(F) Has a significant auditory or visual impairment;
285-(12) "Neglect" means a negligent act or omission by any staff member Substitute Senate Bill No. 1059
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289-or volunteer which caused, or may have caused, injury or death to an
290-incarcerated person;
291-(13) "Pharmacological restraint" means a drug or medication when
292-used to manage a person's behavior or restrict a person's freedom of
293-movement and not as a standard treatment or administered in a dosage
294-appropriate for the patient's condition;
295-(14) "Physician" means a physician, licensed pursuant to chapter 370;
296-(15) "Psychiatric emergency" means an event during which a person
297-poses a substantiated threat of imminent physical harm to himself or
298-herself or another person due to an acute disturbance of behavior,
299-thought or mood;
300-(16) "Physical Restraint" means any mechanical device used to control
301-the movement of an incarcerated person's body or limbs, including, but
302-not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black
303-box, leg irons, belly chains, a security chain or a convex shield, but does
304-not include any medical device or helmet, mitt or similar device used to
305-prevent self-injury when the device is part of a documented treatment
306-plan and is the least restrictive means available to prevent such self-
307-injury;
308-(17) "Seclusion" means involuntary confinement of an incarcerated
309-person as a patient in a separate room, subject to close medical
310-supervision for the purpose of protecting the patient and others from
311-harm;
312-(18) "Serious incident" means any of the following:
313-(A) An attack on a department building or facility conducted from
314-outside of the building or facility;
315-(B) A significant breach of a department building or facility Substitute Senate Bill No. 1059
227+by the Correction Ombuds from financial loss and expense, including 172
228+legal fees and costs, if any, arising out of any claim, demand or suit for 173
229+damages resulting from acts or omissions committed in the discharge of 174
230+his or her duties with the program within the scope of his or her 175
231+employment or appointment which may constitute negligence but 176
232+which acts are not wanton, malicious or grossly negligent as determined 177
233+by a court of competent jurisdiction. 178
234+(n) The Office of the Correction Ombuds shall conduct a study 179
235+regarding the conditions in the state's correctional facilities and halfway 180
236+houses. Not later than October 1, 2022, and annually thereafter, the 181
237+Correction Ombuds shall submit a report, in accordance with section 11-182
238+4a to the joint standing committee of the General Assembly having 183
239+cognizance of matters relating to corrections regarding the conditions of 184
240+confinement in the state's correctional facilities and halfway houses. 185
241+Sec. 2. Section 18-96b of the general statutes is repealed and the 186
242+following is substituted in lieu thereof (Effective July 1, 2022): 187
243+(a) As used in this section: 188
244+(1) "Abuse" means any act or omission by a department employee or 189
245+a person working under a contract or as a volunteer with the 190
246+department who acts or fails to act knowingly, recklessly or 191
247+intentionally, each as defined in section 53a-3, and which act or omission 192
248+caused, or could have caused mental harm, physical injury or death to 193
249+an incarcerated person; 194
250+[(1)] (2) "Administrative segregation status" means the Department of 195
251+Correction's practice of placing an inmate on restrictive housing status 196
252+following a determination that such inmate can no longer be safely 197
253+managed within the general inmate population of the correctional 198
254+facility; [and] 199
255+(3) "Commissioner" means the Commissioner of Correction; 200
256+(4) "De-escalation" means to effectively defuse a crisis without the use 201 Substitute Bill No. 1059
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318258
319-perimeter;
320-(C) Possession of firearms, ammunition or explosives by an
321-incarcerated person or a visitor to a department building or facility;
322-(D) A death of an on-duty department employee, a person working
323-under a contract or as a volunteer with the department or a visitor to a
324-department building or facility or an unnatural death of an incarcerated
325-person;
326-(E) An injury to an on-duty department employee, a person working
327-under a contract or as a volunteer with the department, a visitor to a
328-department building or facility or an incarcerated person that results in
329-such person's admission to an acute care hospital;
330-(F) A riot or hostage situation at a department building or facility;
331-(G) A major fire at a department building or facility;
332-(H) A bomb threat directed at a department building or facility;
333-(I) A suspected bio-chemical contamination of a department building
334-or facility;
335-(J) Any suspected, attempted or confirmed escape of an incarcerated
336-person from a correctional facility or work detail or during transport,
337-including any such escape reported by a member of the public;
338-(K) Any incident requiring a unit to be placed on alert or mobilized
339-in response to an emergency at a department building or facility;
340-(L) An intentional or accidental discharge of a firearm at a
341-department building or facility, other than during training;
342-(M) Use of a category 2 chemical agent at a department building or
343-facility, as categorized in standards adopted by the federal Occupational Substitute Senate Bill No. 1059
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263+of force by using tactics learned through training to recognize and 202
264+respond to emotions; 203
265+(5) "Department" means the Department of Correction; 204
266+(6) "Form and phase of housing" means any status, restrictive or 205
267+otherwise, that an incarcerated person may experience while in the 206
268+custody of the commissioner; 207
269+(7) "Incarcerated person" means a person confined and in the custody 208
270+and care of the Commissioner of Correction, including those persons in 209
271+pretrial, presentencing or post-conviction confinement; 210
272+(8) "Isolated confinement" means confinement of an incarcerated 211
273+person in a cell, alone or with others, for more than sixteen hours per 212
274+day; 213
275+(9) "Life-threatening physical restraint" means any physical restraint 214
276+or hold of a person that (A) restricts the flow of air into a person's lungs, 215
277+whether by chest compression or any other means, or (B) immobilizes 216
278+or reduces the free movement of a person's arms, legs or head while the 217
279+person is in the prone position; 218
280+(10) "Medical professional" means (A) A physician licensed under 219
281+chapter 370; (B) a physician assistant licensed under chapter 370; or (C) 220
282+an advanced practice registered nurse, registered nurse or practical 221
283+nurse licensed under chapter 378; 222
284+(11) "Member of a vulnerable population" means any incarcerated 223
285+person who: 224
286+(A) Is twenty-one years of age or younger, or sixty-five years of age 225
287+or older; 226
288+(B) Has a mental disability, as defined in section 53a-181i, a history of 227
289+psychiatric hospitalization, or has recently exhibited self-harming 228
290+conduct, including, but not limited to, self-mutilation; 229 Substitute Bill No. 1059
346291
347-Safety and Health Administration, for purposes other than those
348-approved for building, facility or equipment maintenance;
349-(N) An event that seriously impacts normal operation of the
350-department such as a health emergency, power outage, any major
351-destruction or disablement of state property or an incident requiring an
352-unplanned lockdown of a department facility;
353-(O) A terrorist threat or intelligence of suspected terrorist activity;
354-(P) An instance of workplace violence or threat of workplace violence
355-in any workplace or as part of any work detail requiring the immediate
356-separation of incarcerated persons due to an imminent threat of
357-violence;
358-(Q) A reported sexual abuse of an incarcerated person or a
359-department employee or a person working under a contract or as a
360-volunteer with the department committed on or by an incarcerated
361-person or a staff member or a person working as a volunteer with the
362-department, where there is immediate evidence or indication that sexual
363-abuse has occurred; or
364-(R) A suicide attempt by an incarcerated person requiring immediate
365-life-saving measures;
366-(19) "Restraint" includes any pharmacological restraint, physical
367-restraint or soft restraint;
368-[(2)] (20) "Restrictive housing status" means [the designation of an
369-inmate by the Department of Correction that provides for closely
370-regulated management and separation of such inmate from other
371-inmates.] any classification that requires closely regulated management
372-and separation of an incarcerated person and includes, but is not limited
373-to, following correctional statuses: Administrative segregation, punitive
374-segregation, transfer detention, administrative detention, security risk Substitute Senate Bill No. 1059
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378-group, chronic discipline, special needs and protective custody;
379-(21) "Soft restraint" means any physical restraint constructed of
380-padded, quilted or pliable materials, but does not include, flex cuffs,
381-handcuffs, a black box, leg irons, a belly chain or a security chain;
382-(22) "Staff member" means an employee, contractor or subcontractor
383-of the department;
384-(23) "Therapist" means any (A) physician licensed pursuant to
385-chapter 370 who specializes in psychiatry, (B) psychologist licensed
386-pursuant to chapter 383, (C) marital and family therapist licensed
387-pursuant to chapter 383a, (D) clinical social worker or master social
388-worker licensed pursuant to chapter 383b, or (E) professional counselor
389-licensed pursuant to chapter 383c;
390-(24) "Unique individual" means a person who, for data collection
391-purposes, is associated with a unique identifier that is anonymized; and
392-(25) "Use of force" means the use of physical force or deadly physical
393-force, as defined in section 53a-3, by a staff member to compel
394-compliance by an incarcerated person. "Use of force" includes, but is not
395-limited to, the use of restraints, chemical agents, canines, chokeholds or
396-munitions or forceable extraction from a cell.
397-(b) (1) On and after July 1, 2022, each incarcerated person shall have
398-the opportunity to be outside of his or her cell for at least six and one-
399-half hours each day, except for those incarcerated persons on restrictive
400-housing status, or as otherwise provided in the case of an incarcerated
401-person held in seclusion pursuant to subsection (d) of this section or
402-except as provided in subdivision (4) of this subsection or in response to
403-(A) a serious incident resulting in a correctional facility-wide lockdown;
404-(B) a substantiated threat of imminent physical harm to another person
405-as evidenced by recent conduct; or (C) an incarcerated person's request
406-for segregation for such person's protection. Substitute Senate Bill No. 1059
297+(C) Has a developmental disability, as defined in section 17b-28; 230
298+(D) Has a serious medical condition that cannot be effectively treated 231
299+in isolated confinement; 232
300+(E) Is pregnant, is in the postpartum period, or has recently suffered 233
301+a miscarriage or terminated a pregnancy; or 234
302+(F) Has a significant auditory or visual impairment; 235
303+(12) "Neglect" means a negligent act or omission by any staff member 236
304+or volunteer which caused, or may have caused, injury or death to an 237
305+incarcerated person; 238
306+(13) "Pharmacological restraint" means a drug or medication when 239
307+used to manage a person's behavior or restrict a person's freedom of 240
308+movement and not as a standard treatment or administered in a dosage 241
309+appropriate for the patient's condition; 242
310+(14) "Physician" means a physician, licensed pursuant to chapter 370; 243
311+(15) "Psychiatric emergency" means an event during which a person 244
312+poses a substantiated threat of imminent physical harm to himself or 245
313+herself or another person due to an acute disturbance of behavior, 246
314+thought or mood; 247
315+(16) "Physical Restraint" means any mechanical device used to control 248
316+the movement of an incarcerated person's body or limbs, including, but 249
317+not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black 250
318+box, leg irons, belly chains, a security chain or a convex shield, but does 251
319+not include any medical device or helmet, mitt or similar device used to 252
320+prevent self-injury when the device is part of a documented treatment 253
321+plan and is the least restrictive means available to prevent such self-254
322+injury; 255
323+(17) "Seclusion" means involuntary confinement of an incarcerated 256
324+person as a patient in a separate room, subject to close medical 257 Substitute Bill No. 1059
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410-(2) On and after July 1, 2023, each incarcerated person shall have the
411-opportunity to be outside of his or her cell for at least six and one-half
412-hours each day, including those incarcerated persons on restrictive
413-housing status, except in the case of an incarcerated person held in
414-seclusion pursuant to subsection (d) of this section or except as provided
415-in subdivision (4) of this subsection or in response to (A) a serious
416-incident resulting in a correctional facility-wide lockdown; (B) a
417-substantiated threat of imminent physical harm to another person as
418-evidenced by recent conduct; or (C) an incarcerated person's request for
419-segregation for such person's protection.
420-(3) Prior to holding any incarcerated person in isolated confinement
421-due to one of the situations described in subparagraph (A), (B) or (C) of
422-subdivision (1) of this subsection, the department shall attempt to
423-defuse the instant situation by using de-escalation methods and less
424-restrictive measures. Only if such methods and measures fail to defuse
425-the instant situation may the department hold a person in isolated
426-confinement.
427-(4) If holding an incarcerated person in isolated confinement, the
428-department shall:
429-(A) Not later than twenty-four hours after initiating the process of
430-holding such person in isolated confinement, ensure a physician
431-personally conducts a physical examination and a therapist personally
432-conducts a mental health evaluation of such person to determine
433-whether such person is a member of a vulnerable population;
434-(B) Ensure continuous monitoring to ensure the person's safety and
435-well-being;
436-(C) Ensure that any person held in isolated confinement shall have
437-sufficient and regular access to a toilet, water, food, light, air and heat;
438-(D) Continue de-escalation efforts; and Substitute Senate Bill No. 1059
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440-Public Act No. 21-110 15 of 27
331+supervision for the purpose of protecting the patient and others from 258
332+harm; 259
333+(18) "Serious incident" means any of the following: 260
334+(A) An attack on a department building or facility conducted from 261
335+outside of the building or facility; 262
336+(B) A significant breach of a department building or facility 263
337+perimeter; 264
338+(C) Possession of firearms, ammunition or explosives by an 265
339+incarcerated person or a visitor to a department building or facility; 266
340+(D) A death of an on-duty department employee, a person working 267
341+under a contract or as a volunteer with the department or a visitor to a 268
342+department building or facility or an unnatural death of an incarcerated 269
343+person; 270
344+(E) An injury to an on-duty department employee, a person working 271
345+under a contract or as a volunteer with the department, a visitor to a 272
346+department building or facility or an incarcerated person that results in 273
347+such person's admission to an acute care hospital; 274
348+(F) A riot or hostage situation at a department building or facility; 275
349+(G) A major fire at a department building or facility; 276
350+(H) A bomb threat directed at a department building or facility; 277
351+(I) A suspected bio-chemical contamination of a department building 278
352+or facility; 279
353+(J) Any suspected, attempted or confirmed escape of an incarcerated 280
354+person from a correctional facility or work detail or during transport, 281
355+including any such escape reported by a member of the public; 282
356+(K) Any incident requiring a unit to be placed on alert or mobilized 283 Substitute Bill No. 1059
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442-(E) End isolated confinement of the person as soon as the threat of the
443-serious incident or of imminent physical harm to others has passed or
444-such person no longer requests segregation for such person's protection.
445-(5) The department shall not subject any incarcerated person to
446-isolated confinement (A) because of the incarcerated person's race,
447-creed, color, national origin, nationality, ancestry, age, marital status,
448-domestic partnership or civil union status, affectional or sexual
449-orientation, genetic information, pregnancy or breastfeeding status, sex,
450-gender identity or expression, disability or atypical hereditary cellular
451-or blood trait, or (B) for any continuous period longer than seventy-two
452-hours, or for more than seventy-two hours during any fourteen-day
453-period.
454-(6) No staff member with a rank lower than captain may order an
455-incarcerated person to be held in isolated confinement. A staff member
456-with a rank of captain or higher or the commissioner or deputy
457-commissioner may order an incarcerated person to be held in isolated
458-confinement for an initial period of not more than eight hours. If there
459-is no staff member on duty during a period of time at a facility with the
460-rank of captain or higher, the warden of such facility may authorize an
461-officer who has the highest rank of those on duty during such period of
462-time to have the ability to order an incarcerated person to be held in
463-isolated confinement for an initial period of not more than eight hours.
464-Only a staff member with a rank of deputy warden or warden or the
465-commissioner or deputy commissioner may order the continuation of a
466-period of isolated confinement in increments of no more than eight
467-hours and not more than a total of forty-eight hours. Only the
468-commissioner or deputy commissioner may order the continuation of a
469-period of isolated confinement of not more than a total of seventy-two
470-hours.
471-(c) (1) The department shall not subject an incarcerated person to the
472-use of (A) life-threatening restraints, (B) pharmacological restraints, Substitute Senate Bill No. 1059
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475362
476-except as provided in subsection (d) of this section, or (C) physical
477-restraints except as provided in subsection (d) of this section or
478-subdivisions (2) and (3) of this subsection for the purpose of (i)
479-transporting the incarcerated person between units or outside the
480-correctional facility, or (ii) responding to a substantiated threat of
481-imminent physical harm to another person as evidenced by recent
482-conduct.
483-(2) Prior to subjecting any incarcerated person to the use of physical
484-restraints pursuant to clause (ii) of subparagraph (C) of subdivision (1)
485-of this subsection and subdivision (3) of this subsection, the department
486-shall attempt to defuse the instant situation by using de-escalation
487-methods and less restrictive measures. Only if such methods and
488-measures fail to defuse the instant situation may the department subject
489-a person to the use of physical restraints, except as restricted pursuant
490-to section 18-69c.
491-(3) If subjecting an incarcerated person to physical restraints
492-pursuant to clause (ii) of subparagraph (C) of subdivision (1) of this
493-subsection, the department shall:
494-(A) Ensure continuous monitoring to ensure the person's safety and
495-well-being, including requiring a medical professional to check the
496-imposition of restraints and every two hours thereafter to ensure
497-adequate circulation and range of movement to avoid pain and to
498-permit the incarcerated person to perform necessary bodily functions,
499-including breathing, eating, drinking, standing, lying down, sitting and
500-using the toilet;
501-(B) Ensure that no physical restraints are imposed upon an
502-incarcerated inmate who is showering or exercising;
503-(C) Continue de-escalation efforts; and
504-(D) End the use of physical restraints on the incarcerated person as Substitute Senate Bill No. 1059
363+in response to an emergency at a department building or facility; 284
364+(L) An intentional or accidental discharge of a firearm at a 285
365+department building or facility, other than during training; 286
366+(M) Use of a category 2 chemical agent at a department building or 287
367+facility, as categorized in standards adopted by the federal Occupational 288
368+Safety and Health Administration, for purposes other than those 289
369+approved for building, facility or equipment maintenance; 290
370+(N) An event that seriously impacts normal operation of the 291
371+department such as a health emergency, power outage, any major 292
372+destruction or disablement of state property or an incident requiring an 293
373+unplanned lockdown of a department facility; 294
374+(O) A terrorist threat or intelligence of suspected terrorist activity; 295
375+(P) An instance of workplace violence or threat of workplace violence 296
376+in any workplace or as part of any work detail requiring the immediate 297
377+separation of incarcerated persons due to an imminent threat of 298
378+violence; 299
379+(Q) A reported sexual abuse of an incarcerated person or a 300
380+department employee or a person working under a contract or as a 301
381+volunteer with the department committed on or by an incarcerated 302
382+person or a staff member or a person working as a volunteer with the 303
383+department, where there is immediate evidence or indication that sexual 304
384+abuse has occurred; or 305
385+(R) A suicide attempt by an incarcerated person requiring immediate 306
386+life-saving measures; 307
387+(19) "Restraint" includes any pharmacological restraint, physical 308
388+restraint or soft restraint; 309
389+[(2)] (20) "Restrictive housing status" means [the designation of an 310
390+inmate by the Department of Correction that provides for closely 311 Substitute Bill No. 1059
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508-soon as the threat of the serious incident or imminent physical harm to
509-others has passed.
510-(4) No staff member with a rank lower than captain may subject an
511-incarcerated person to the use of physical restraints. A staff member
512-with a rank of captain or higher may order an incarcerated person to be
513-subjected to the use of physical restraints for an initial period of not
514-more than two hours. Only a staff member with a rank of deputy
515-warden or warden or the commissioner or deputy commissioner may
516-order the use of physical restraints upon such person for an additional
517-period of not more than two hours, provided no incarcerated person is
518-subjected to physical restraints for more than four hours in any twenty-
519-four-hour period.
520-(d) (1) The department may subject an incarcerated person to the use
521-of seclusion or restraints in response to a psychiatric emergency
522-pursuant to subdivisions (2) and (3) of this subsection, provided a
523-therapist attempts to defuse the instant situation by using de-escalation
524-methods and less restrictive measures and such methods and measures
525-fail to defuse the instant situation.
526-(2) If subjecting an incarcerated person to seclusion or restraints in
527-response to a psychiatric emergency pursuant to this subsection, the
528-department shall:
529-(A) Ensure any such seclusion occurs or restraints are imposed only
530-within medical units of the correctional facility;
531-(B) Ensure that the only restraints employed are soft restraints or
532-pharmacological restraints;
533-(C) Ensure that no (i) soft restraints be employed if pharmacological
534-restraints have already been administered and have alleviated the risk
535-of a serious incident or imminent physical harm, and (ii)
536-pharmacological restraints may be administered if soft restraints have Substitute Senate Bill No. 1059
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397+regulated management and separation of such inmate from other 312
398+inmates.] any classification that requires closely regulated management 313
399+and separation of an incarcerated person and includes, but is not limited 314
400+to, following correctional statuses: Administrative segregation, punitive 315
401+segregation, transfer detention, administrative detention, security risk 316
402+group, chronic discipline, special needs and protective custody; 317
403+(21) "Soft restraint" means any physical restraint constructed of 318
404+padded, quilted or pliable materials, but does not include, flex cuffs, 319
405+handcuffs, a black box, leg irons, a belly chain or a security chain; 320
406+(22) "Staff member" means an employee, contractor or subcontractor 321
407+of the department; 322
408+(23) "Therapist" means any (A) physician licensed pursuant to 323
409+chapter 370 who specializes in psychiatry, (B) psychologist licensed 324
410+pursuant to chapter 383, (C) marital and family therapist licensed 325
411+pursuant to chapter 383a, (D) clinical social worker or master social 326
412+worker licensed pursuant to chapter 383b, or (E) professional counselor 327
413+licensed pursuant to chapter 383c; 328
414+(24) "Unique individual" means a person who, for data collection 329
415+purposes, is associated with a unique identifier that is anonymized; and 330
416+(25) "Use of force" means the use of physical force or deadly physical 331
417+force, as defined in section 53a-3, by a staff member to compel 332
418+compliance by an incarcerated person. "Use of force" includes, but is not 333
419+limited to, the use of restraints, chemical agents, canines, chokeholds or 334
420+munitions or forceable extraction from a cell. 335
421+(b) (1) Each incarcerated person shall have the opportunity to be 336
422+outside of his or her cell for at least eight hours each day, except in the 337
423+case of an incarcerated person held in seclusion pursuant to subsection 338
424+(d) of this section or except as provided in subdivision (2) of this 339
425+subsection or in response to (A) a serious incident resulting in a 340
426+correctional facility-wide lockdown, (B) a substantiated threat of 341
427+imminent physical harm to another person as evidenced by recent 342 Substitute Bill No. 1059
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540-already been employed and have alleviated such risk;
541-(D) Ensure a medical professional checks the imposition of restraints
542-and every two hours thereafter checks to ensure adequate circulation
543-and range of movement to avoid pain and that a medical professional
544-continually monitors, through direct observation, such person while
545-such person is subject to restraints under this subsection;
546-(E) Continue de-escalation efforts; and
547-(F) End the use of seclusion or restraints on the incarcerated person
548-as soon as the threat of the serious incident or imminent physical harm
549-has passed.
550-(3) Only a therapist may order an incarcerated person to be subjected
551-to the use of restraints pursuant to this subsection. After an in-person
552-evaluation by a therapist of an incarcerated person and a determination
553-by the therapist that restraints are necessary to prevent a substantiated
554-threat of imminent physical harm by an incarcerated person to himself
555-or herself or others due to an acute disturbance of behavior, thought or
556-mood, the therapist may order such person to be subjected to restraints
557-for an initial period of not more than two hours. A therapist may only
558-order an incarcerated person to be subjected for an additional period of
559-restraint that is not longer than two hours if such therapist, after an in-
560-person evaluation, determines that restraints remain necessary to
561-prevent a substantiated threat of imminent physical harm by an
562-incarcerated person to himself or herself or others due to an acute
563-disturbance of behavior, thought or mood.
564-(4) The department shall develop standards to enable staff members
565-to determine whether the use of restraints or seclusion is
566-contraindicated for each incarcerated person, based on such person's
567-medical and psychiatric status. The department shall inform each
568-incarcerated person of their restraint or seclusion status and shall Substitute Senate Bill No. 1059
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572-maintain such person's restraint or seclusion status in a place easily
573-visible to staff members in the event that an emergency response is
574-necessary.
575-(e) (1) Any time the department restrains or confines a person
576-pursuant to subsection (b), (c) or (d) of this section, the department shall:
577-(A) Video and audio record each such incident from the moment the
578-use of restraints or confinement is imposed until the conclusion of such
579-usage; and
580-(B) Document de-escalation methods attempted, the cause for the
581-imposition of use of restraints or confinement and the method and
582-duration of any restraint used.
583-(2) The department shall retain any video or audio record or
584-document created pursuant to subdivision (1) of this subsection for a
585-period of not less than five years from the date of its creation.
586-[(b)] (f) The Department of Correction shall publish on its Internet
587-web site (1) the formula for calculating an inmate's mental health score,
588-[and] (2) a description of any form and phase of housing employed at
589-any of its correctional facilities for [inmates on restrictive housing status]
590-incarcerated persons held in isolated confinement, (3) any report
591-pursuant to subsection (g) of this section, and (4) data used in such
592-report in a downloadable, sortable format.
593-[(c)] (g) The Department of Correction shall at least annually submit
594-to the Criminal Justice Policy and Planning Division established under
595-section 4-68m a report containing as [aggregated] disaggregated and
596-anonymized the following data:
597-(1) The number of [inmates on restrictive housing status] incarcerated
598-persons in isolated confinement in this state's correctional facilities, as
599-of the first day of each of the twelve months preceding the date of the Substitute Senate Bill No. 1059
434+conduct; or (C) an incarcerated person's request for segregation for such 343
435+person's protection. 344
436+(2) Prior to holding any incarcerated person in isolated confinement 345
437+due to one of the situations described in subparagraph (A), (B) or (C) of 346
438+subdivision (1) of this subsection, (A) a physician shall personally 347
439+conduct a physical examination and a therapist shall personally conduct 348
440+a mental health evaluation to determine whether such person is a 349
441+member of a vulnerable population, and (B) the department shall 350
442+attempt to defuse the instant situation by using de-escalation methods 351
443+and less restrictive measures. Only if such methods and measures fail to 352
444+defuse the instant situation may the department hold a person in 353
445+isolated confinement. 354
446+(3) If holding an incarcerated person in isolated confinement, the 355
447+department shall: 356
448+(A) Ensure continuous monitoring to ensure the person's safety and 357
449+well-being; 358
450+(B) Ensure that any person held in isolated confinement shall have 359
451+sufficient and regular access to a toilet, water, food, light, air and heat; 360
452+(C) Continue de-escalation efforts; and 361
453+(D) End isolated confinement of the person as soon as the threat of 362
454+the serious incident or of imminent physical harm to others has passed 363
455+or such person no longer requests segregation for such person's 364
456+protection. 365
457+(4) The department shall not subject any incarcerated person to 366
458+isolated confinement (A) because of the incarcerated person's race, 367
459+creed, color, national origin, nationality, ancestry, age, marital status, 368
460+domestic partnership or civil union status, affectional or sexual 369
461+orientation, genetic information, pregnancy or breastfeeding status, sex, 370
462+gender identity or expression, disability or atypical hereditary cellular 371
463+or blood trait, or (B) for any continuous period longer than seventy-two 372 Substitute Bill No. 1059
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603-submission of the report [. The department shall report and
604-disaggregate such data based on an inmate's age, gender identity,
605-ethnicity, mental health score as calculated by the department, if any,
606-and the form and phase of housing in which such inmate is held on
607-restrictive housing status] and the total number of persons subjected to
608-isolated confinement during the twelve months preceding the date of
609-submission of the report;
610-[(2) The number of inmates on administrative segregation status who
611-have spent the following cumulative durations of time on
612-administrative segregation status:
613-(A) One to fifteen days;
614-(B) Sixteen to thirty days;
615-(C) Thirty-one to one hundred eighty days;
616-(D) One hundred eighty-one to three hundred sixty-five days;
617-(E) Three hundred sixty-six to seven hundred thirty days;
618-(F) Seven hundred thirty-one to one thousand ninety-five days;
619-(G) One thousand ninety-six to one thousand four hundred sixty
620-days;
621-(H) One thousand four hundred sixty-one to one thousand eight
622-hundred twenty-five days;
623-(I) One thousand eight hundred twenty-six to two thousand one
624-hundred ninety days;
625-(J) Two thousand one hundred ninety-one to two thousand five
626-hundred fifty-five days;
627-(K) Two thousand five hundred fifty-six to two thousand nine Substitute Senate Bill No. 1059
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470+hours, or for more than seventy-two hours during any fourteen-day 373
471+period. 374
472+(5) No staff member with a rank lower than captain may order an 375
473+incarcerated person to be held in isolated confinement. A staff member 376
474+with a rank of captain or higher or the commissioner or deputy 377
475+commissioner may order an incarcerated person to be held in isolated 378
476+confinement for an initial period of not more than eight hours. Only a 379
477+staff member with a rank of deputy warden or warden or the 380
478+commissioner or deputy commissioner may order the continuation of a 381
479+period of isolated confinement in increments of no more than eight 382
480+hours and not more than a total of forty-eight hours. Only the 383
481+commissioner or deputy commissioner may order the continuation of a 384
482+period of isolated confinement of not more than a total of seventy-two 385
483+hours. 386
484+(c) (1) The department shall not subject an incarcerated person to the 387
485+use of (A) life-threatening restraints, (B) pharmacological restraints, 388
486+except as provided in subsection (d) of this section, or (C) physical 389
487+restraints except as provided in subsection (d) of this section or 390
488+subdivisions (2) and (3) of this subsection for the purpose of (i) 391
489+transporting the incarcerated person between units or outside the 392
490+correctional facility, or (ii) responding to a substantiated threat of 393
491+imminent physical harm to another person as evidenced by recent 394
492+conduct. 395
493+(2) Prior to subjecting any incarcerated person to the use of physical 396
494+restraints pursuant to clause (ii) of subparagraph (C) of subdivision (1) 397
495+of this subsection and subdivision (3) of this subsection, the department 398
496+shall attempt to defuse the instant situation by using de-escalation 399
497+methods and less restrictive measures. Only if such methods and 400
498+measures fail to defuse the instant situation may the department subject 401
499+a person to the use of physical restraints, except as restricted pursuant 402
500+to section 18-69c. 403
501+(3) If subjecting an incarcerated person to physical restraints 404 Substitute Bill No. 1059
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631-hundred twenty days;
632-(L) Two thousand nine hundred twenty-one to three thousand two
633-hundred eighty-five days;
634-(M) Three thousand two hundred eighty-six to three thousand six
635-hundred fifty days; and
636-(N) More than three thousand six hundred fifty days;
637-(3) For each correctional facility, the number of inmates who, during
638-the twelve months preceding the date of the submission of the report,
639-spent more than fifteen days, cumulative, on administrative segregation
640-status. The department shall report and disaggregate such data based
641-on an inmate's age, gender identity, ethnicity, mental health score as
642-calculated by the department, if any, and the form and phase of
643-restricted housing in which such inmate is held; and]
644-(2) A list of unique individuals in the custody of the department in
645-the twelve months preceding the date of the submission of the report
646-subjected to any form of isolated confinement. The list shall include the
647-following information for each person: Age, gender identity, ethnicity,
648-reason for placement in isolation, total number of days spent in isolated
649-confinement in the previous calendar year, total number of days spent
650-in isolated confinement over the course of the entire period of
651-incarceration, specific restrictive housing status, if any, and mental
652-health score as calculated by the department, if any;
653-(3) A list of unique individuals in the custody of the department in
654-the twelve months preceding the date of the submission of the report
655-subjected to restraints. The list shall include the following information
656-for each person: Age, gender identity, ethnicity, total number of hours
657-spent in restraints in the previous calendar year, specific restrictive
658-housing status, if any, and mental health score as calculated by the
659-department, if any; Substitute Senate Bill No. 1059
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663-(4) The number of incidents, broken down by correctional facility, for
664-each of the following in the previous calendar year and categorized as:
665-(A) Suicides;
666-(B) Attempted suicides;
667-(C) Self-harm;
668-(D) Use of force by staff members against incarcerated persons;
669-(E) Assaults by incarcerated persons on staff members; and
670-(F) Assaults between incarcerated persons;
671-(5) The number of incarcerated persons subjected to more than
672-seventy-two hours of isolated confinement in the previous calendar year
673-as categorized by the following periods of time:
674-(A) Up to fifteen days;
675-(B) Sixteen to thirty days;
676-(C) Thirty-one to seventy-nine days; or
677-(D) Eighty or more days; and
678-[(4)] (6) Actions taken by the department during the twelve months
679-preceding the date of the submission of the report to minimize reliance
680-on administrative segregation status and to mitigate the harmful effects
681-of administrative segregation status on [inmates] incarcerated persons,
682-staff members and the public.
683-[(d)] (h) The department shall not hold any person under eighteen
684-years of age on administrative segregation status.
685-[(e)] (i) Not later than January 1, [2019] 2021, the Commissioner of Substitute Senate Bill No. 1059
508+pursuant to clause (ii) of subparagraph (C) of subdivision (1) of this 405
509+subsection, the department shall: 406
510+(A) Ensure continuous monitoring to ensure the person's safety and 407
511+well-being, including requiring a medical professional to check the 408
512+imposition of restraints and every two hours thereafter to ensure 409
513+adequate circulation and range of movement to avoid pain and to 410
514+permit the incarcerated person to perform necessary bodily functions, 411
515+including breathing, eating, drinking, standing, lying down, sitting and 412
516+using the toilet; 413
517+(B) Ensure that no physical restraints are imposed upon an 414
518+incarcerated inmate who is showering or exercising; 415
519+(C) Continue de-escalation efforts; and 416
520+(D) End the use of physical restraints on the incarcerated person as 417
521+soon as the threat of the serious incident or imminent physical harm to 418
522+others has passed. 419
523+(4) No staff member with a rank lower than captain may subject an 420
524+incarcerated person to the use of physical restraints. A staff member 421
525+with a rank of captain or higher may order an incarcerated person to be 422
526+subjected to the use of physical restraints for an initial period of not 423
527+more than two hours. Only a staff member with a rank of deputy 424
528+warden or warden or the commissioner or deputy commissioner may 425
529+order the use of physical restraints upon such person for an additional 426
530+period of not more than two hours, provided no incarcerated person is 427
531+subjected to physical restraints for more than four hours in any twenty-428
532+four-hour period. 429
533+(d) (1) The department may subject an incarcerated person to the use 430
534+of seclusion or restraints in response to a psychiatric emergency 431
535+pursuant to subdivisions (2) and (3) of this subsection, provided a 432
536+therapist attempts to defuse the instant situation by using de-escalation 433
537+methods and less restrictive measures and such methods and measures 434
538+fail to defuse the instant situation. 435 Substitute Bill No. 1059
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689-Correction shall study and submit a report, in accordance with the
690-provisions of section 11-4a, to the joint standing committee of the
691-General Assembly having cognizance of matters relating to [the
692-judiciary] corrections regarding the use and oversight of all forms and
693-phases of housing for inmates on restrictive housing status.
694-[(f)] (j) The provisions of subsections (a) to [(d)] (h), inclusive, of this
695-section do not apply to any [inmate] incarcerated person described in
696-subsection (a) of section 18-10b.
697-[(g)] (k) Within available appropriations, the [Department of
698-Correction] department shall provide training to employees of the
699-department who interact with inmates concerning the following:
700-(1) The recognition of symptoms of mental illness;
701-(2) The potential risks and side effects of psychiatric medications;
702-(3) De-escalation techniques for safely managing individuals with
703-mental illness;
704-(4) Consequences of untreated mental illness;
705-(5) The long and short-term psychological effects of being on
706-administrative segregation status; [and]
707-(6) The recognition of and techniques for mitigating trauma and
708-vicarious trauma; and
709-[(6)] (7) De-escalation and communication techniques to divert
710-inmates from situations that may lead to the inmate being placed on
711-administrative segregation status.
712-[(h)] (l) Within available appropriations, the Department of
713-Correction shall take measures to promote the wellness of employees of
714-the department who interact with inmates. These measures may Substitute Senate Bill No. 1059
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545+(2) If subjecting an incarcerated person to seclusion or restraints in 436
546+response to a psychiatric emergency pursuant to this subsection, the 437
547+department shall: 438
548+(A) Ensure any such seclusion occurs or restraints are imposed only 439
549+within medical units of the correctional facility; 440
550+(B) Ensure that the only restraints employed are soft restraints or 441
551+pharmacological restraints; 442
552+(C) Ensure that no (i) soft restraints be employed if pharmacological 443
553+restraints have already been administered and have alleviated the risk 444
554+of a serious incident or imminent physical harm , and (ii) 445
555+pharmacological restraints may be administered if soft restraints have 446
556+already been employed and have alleviated such risk; 447
557+(D) Ensure a medical professional checks the imposition of restraints 448
558+and every two hours thereafter checks to ensure adequate circulation 449
559+and range of movement to avoid pain and that a medical professional 450
560+continually monitors, through direct observation, such person while 451
561+such person is subject to restraints under this subsection; 452
562+(E) Continue de-escalation efforts; and 453
563+(F) End the use of seclusion or restraints on the incarcerated person 454
564+as soon as the threat of the serious incident or imminent physical harm 455
565+has passed. 456
566+(3) Only a therapist may order an incarcerated person to be subjected 457
567+to the use of restraints pursuant to this subsection. After an in-person 458
568+evaluation by a therapist of an incarcerated person and a determination 459
569+by the therapist that restraints are necessary to prevent a substantiated 460
570+threat of imminent physical harm by an incarcerated person to himself 461
571+or herself or others due to an acute disturbance of behavior, thought or 462
572+mood, the therapist may order such person to be subjected to restraints 463
573+for an initial period of not more than two hours. A therapist may only 464
574+order an incarcerated person to be subjected for an additional period of 465 Substitute Bill No. 1059
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718-include, but need not be limited to:
719-(1) Employee assistance programs;
720-(2) Development and use of strategies to prevent and treat trauma-
721-related effects on employees;
722-[(2)] (3) Peer support programs; and
723-[(3)] (4) Stress management training.
724-Sec. 3. Section 18-81gg of the general statutes is repealed and the
725-following is substituted in lieu thereof (Effective October 1, 2021):
726-(a) (1) The Commissioner of Correction shall establish visitation
727-policies for [any inmate who is a parent to a child under the age of
728-eighteen] incarcerated persons. Such policies shall:
729-(A) Permit at least one sixty-minute contact social visit per week;
730-(B) Permit visitation by members of an incarcerated person's
731-immediate family, extended family, unmarried coparents, unmarried
732-romantic partners and close personal friends. No person's past criminal
733-conviction shall be the sole or primary basis for denying a person's
734-application to visit;
735-(C) Provide that no incarcerated person may be restrained during a
736-contact social visit; and
737-(D) Provide that no incarcerated person, except one who has a history
738-of contraband violations, may be deprived of a contact social visit under
739-this subsection without first having a hearing at which the Department
740-of Correction shall bear the burden of showing by clear and convincing
741-evidence that the denial of contact social visits is necessary (i) to protect
742-against a substantiated threat of imminent physical harm to department
743-employees, the visitor or another person; or (ii) to prevent the Substitute Senate Bill No. 1059
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747-introduction of contraband. If the department fails to make such
748-showing, the incarcerated person shall have such contact social visits
749-reinstated. Any such incarcerated person who has a history of
750-contraband violations may be deprived of contact social visits without
751-first having a hearing, provided such person may request a hearing to
752-have such contact social visits reinstated. Hearings conducted pursuant
753-to this subparagraph shall be guided by written procedures developed
754-under section 5 of this act. Any incarcerated person who has a social
755-contact visit denied pursuant to this section shall have an opportunity
756-for a social visit not involving contact in the place of such social contact
757-visit.
758-(2) The department may not deprive an incarcerated person of
759-contact social visits provided for in this subsection for a period in excess
760-of ninety days.
761-(3) Any policies developed pursuant to subdivision (1) of this
762-subsection for any incarcerated person who is a parent to a child under
763-the age of eighteen shall include, but need not be limited to, rules
764-regarding: [(1)] (A) Physical contact, [(2)] (B) convenience and frequency
765-of visits, and [(3)] (C) access to child-friendly visiting areas.
766-(4) For purposes of this subsection, "contact social visit" means an in-
767-person meeting between an incarcerated person and an approved
768-visitor who are not separated from each other by any physical divider,
769-including, but not limited to, a screen or partition.
770-(5) The provisions of this subsection do not apply to any incarcerated
771-person described in subsection (a) of section 18-10b.
772-(b) (1) The commissioner shall establish policies concerning mail to
773-and from incarcerated persons. Such policies shall:
774-(A) Provide that each incarcerated person may write, send and
775-receive letters, without limitation on the number of any such letters such Substitute Senate Bill No. 1059
581+restraint that is not longer than two hours if such therapist, after an in-466
582+person evaluation, determines that restraints remain necessary to 467
583+prevent a substantiated threat of imminent physical harm by an 468
584+incarcerated person to himself or herself or others due to an acute 469
585+disturbance of behavior, thought or mood. 470
586+(4) The department shall develop standards to enable staff members 471
587+to determine whether the use of restraints or seclusion is 472
588+contraindicated for each incarcerated person, based on such person's 473
589+medical and psychiatric status. The department shall inform each 474
590+incarcerated person of their restraint or seclusion status and shall 475
591+maintain such person's restraint or seclusion status in a place easily 476
592+visible to staff members in the event that an emergency response is 477
593+necessary. 478
594+(e) (1) Any time the department restrains or confines a person 479
595+pursuant to subsection (b), (c) or (d) of this section, the department shall: 480
596+(A) Video and audio record each such incident from the moment the 481
597+use of restraints or confinement is imposed until the conclusion of such 482
598+usage; and 483
599+(B) Document de-escalation methods attempted, the cause for the 484
600+imposition of use of restraints or confinement and the method and 485
601+duration of any restraint used. 486
602+(2) The department shall retain any video or audio record or 487
603+document created pursuant to subdivision (1) of this subsection for a 488
604+period of not less than five years from the date of its creation. 489
605+[(b)] (f) The Department of Correction shall publish on its Internet 490
606+web site (1) the formula for calculating an inmate's mental health score, 491
607+[and] (2) a description of any form and phase of housing employed at 492
608+any of its correctional facilities for [inmates on restrictive housing status] 493
609+incarcerated persons held in isolated confinement, (3) any report 494
610+pursuant to subsection (g) of this section, and (4) data used in such 495
611+report in a downloadable, sortable format. 496 Substitute Bill No. 1059
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777-Public Act No. 21-110 26 of 27
778613
779-incarcerated person receives, or writes and sends at his or her own
780-personal expense, and
781-(B) Prohibit unnecessary delays in the processing of incoming and
782-outgoing mail to or from an incarcerated person.
783-(2) Each correctional facility commissary shall sell: (A) Stationery,
784-envelopes, postcards, greeting cards and postage; and (B) aerogramme
785-folding letters for foreign air mail letters.
786-(3) The department may not deprive an incarcerated person the
787-ability to write, send or receive letters provided for in this subsection as
788-a matter of discipline, retaliation or convenience.
789-Sec. 4. (Effective from passage) (a) The Commissioner of Correction
790-may, not later than July 1, 2023, develop a plan to govern how each
791-incarcerated person on restrictive housing status shall have the
792-opportunity to be outside of his or her cell for at least six and one-half
793-hours each day, except as otherwise provided in subsection (b) of section
794-18-96b of the general statutes, as amended by this act. Regardless of
795-whether such plan is developed, each such incarcerated person shall
796-have the opportunity to be outside of his or her cell for at least six and
797-one-half hours each day, as provided in said subsection (b).
798-(b) Not later than two weeks after any plan is developed pursuant to
799-subsection (a) of this section, the commissioner shall report such plan in
800-accordance with the provisions of section 11-4a of the general statutes
801-to the joint standing committee of the General Assembly having
802-cognizance of matters relating to the Department of Correction.
803-Sec. 5. (Effective from passage) Not later than September 30, 2021, the
804-Commissioner of Correction shall develop written procedures for
805-hearings conducted pursuant to section 18-81gg of the general statutes,
806-as amended by this act. Such procedures shall guide such hearings on
807-and after October 1, 2021. Not later than October 1, 2021, the Substitute Senate Bill No. 1059
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618+[(c)] (g) The Department of Correction shall at least annually submit 497
619+to the Criminal Justice Policy and Planning Division established under 498
620+section 4-68m a report containing as [aggregated] disaggregated and 499
621+anonymized the following data: 500
622+(1) The number of [inmates on restrictive housing status] incarcerated 501
623+persons in isolated confinement in this state's correctional facilities, as 502
624+of the first day of each of the twelve months preceding the date of the 503
625+submission of the report [. The department shall report and 504
626+disaggregate such data based on an inmate's age, gender identity, 505
627+ethnicity, mental health score as calculated by the department, if any, 506
628+and the form and phase of housing in which such inmate is held on 507
629+restrictive housing status] and the total number of persons subjected to 508
630+isolated confinement during the twelve months preceding the date of 509
631+submission of the report; 510
632+[(2) The number of inmates on administrative segregation status who 511
633+have spent the following cumulative durations of time on 512
634+administrative segregation status: 513
635+(A) One to fifteen days; 514
636+(B) Sixteen to thirty days; 515
637+(C) Thirty-one to one hundred eighty days; 516
638+(D) One hundred eighty-one to three hundred sixty-five days; 517
639+(E) Three hundred sixty-six to seven hundred thirty days; 518
640+(F) Seven hundred thirty-one to one thousand ninety-five days; 519
641+(G) One thousand ninety-six to one thousand four hundred sixty 520
642+days; 521
643+(H) One thousand four hundred sixty-one to one thousand eight 522
644+hundred twenty-five days; 523 Substitute Bill No. 1059
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811-commissioner shall report such procedures in accordance with the
812-provisions of section 11-4a of the general statutes to the joint standing
813-committee of the General Assembly having cognizance of matters
814-relating to the Department of Correction.
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650+
651+(I) One thousand eight hundred twenty-six to two thousand one 524
652+hundred ninety days; 525
653+(J) Two thousand one hundred ninety-one to two thousand five 526
654+hundred fifty-five days; 527
655+(K) Two thousand five hundred fifty-six to two thousand nine 528
656+hundred twenty days; 529
657+(L) Two thousand nine hundred twenty-one to three thousand two 530
658+hundred eighty-five days; 531
659+(M) Three thousand two hundred eighty-six to three thousand six 532
660+hundred fifty days; and 533
661+(N) More than three thousand six hundred fifty days; 534
662+(3) For each correctional facility, the number of inmates who, during 535
663+the twelve months preceding the date of the submission of the report, 536
664+spent more than fifteen days, cumulative, on administrative segregation 537
665+status. The department shall report and disaggregate such data based 538
666+on an inmate's age, gender identity, ethnicity, mental health score as 539
667+calculated by the department, if any, and the form and phase of 540
668+restricted housing in which such inmate is held;] 541
669+(2) A list of unique individuals in the custody of the department in 542
670+the twelve months preceding the date of the submission of the report 543
671+subjected to any form of isolated confinement. The list shall include the 544
672+following information for each person: Age, gender identity, ethnicity, 545
673+reason for placement in isolation, total number of days spent in isolated 546
674+confinement in the previous calendar year, total number of days spent 547
675+in isolated confinement over the course of the entire period of 548
676+incarceration, specific restrictive housing status, if any, and mental 549
677+health score as calculated by the department, if any; 550
678+(3) A list of unique individuals in the custody of the department in 551
679+the twelve months preceding the date of the submission of the report 552 Substitute Bill No. 1059
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686+subjected to restraints. The list shall include the following information 553
687+for each person: Age, gender identity, ethnicity, total number of hours 554
688+spent in restraints in the previous calendar year, specific restrictive 555
689+housing status, if any, and mental health score as calculated by the 556
690+department, if any; 557
691+(4) The number of incidents, broken down by correctional facility, for 558
692+each of the following in the previous calendar year and categorized as: 559
693+(A) Suicides; 560
694+(B) Attempted suicides; 561
695+(C) Self-harm; 562
696+(D) Use of force by staff members against incarcerated persons; 563
697+(E) Assaults by incarcerated persons on staff members; and 564
698+(F) Assaults between incarcerated persons. 565
699+(5) The number of incarcerated persons subjected to more than 566
700+seventy-two hours of isolated confinement in the previous calendar year 567
701+as categorized by the following periods of time: 568
702+(A) Up to fifteen days; 569
703+(B) Sixteen to thirty days; 570
704+(C) Thirty-one to seventy-nine days; or 571
705+(D) Eighty or more days; and 572
706+[(4)] (6) Actions taken by the department during the twelve months 573
707+preceding the date of the submission of the report to minimize reliance 574
708+on administrative segregation status and to mitigate the harmful effects 575
709+of administrative segregation status on [inmates] incarcerated persons, 576
710+staff members and the public. 577 Substitute Bill No. 1059
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717+[(d)] (h) The department shall not hold any person under eighteen 578
718+years of age on administrative segregation status. 579
719+[(e)] (i) Not later than January 1, [2019] 2021, the Commissioner of 580
720+Correction shall study and submit a report, in accordance with the 581
721+provisions of section 11-4a, to the joint standing committee of the 582
722+General Assembly having cognizance of matters relating to [the 583
723+judiciary] corrections regarding the use and oversight of all forms and 584
724+phases of housing for inmates on restrictive housing status. 585
725+[(f)] (j) The provisions of subsections (a) to [(d)] (h), inclusive, of this 586
726+section do not apply to any [inmate] incarcerated person described in 587
727+subsection (a) of section 18-10b. 588
728+[(g)] (k) Within available appropriations, the [Department of 589
729+Correction] department shall provide training to employees of the 590
730+department who interact with inmates concerning the following: 591
731+(1) The recognition of symptoms of mental illness; 592
732+(2) The potential risks and side effects of psychiatric medications; 593
733+(3) De-escalation techniques for safely managing individuals with 594
734+mental illness; 595
735+(4) Consequences of untreated mental illness; 596
736+(5) The long and short-term psychological effects of being on 597
737+administrative segregation status; 598
738+(6) The recognition of and techniques for mitigating trauma and 599
739+vicarious trauma; and 600
740+[(6)] (7) De-escalation and communication techniques to divert 601
741+inmates from situations that may lead to the inmate being placed on 602
742+administrative segregation status. 603
743+[(h)] (l) Within available appropriations, the Department of 604 Substitute Bill No. 1059
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749+
750+Correction shall take measures to promote the wellness of employees of 605
751+the department who interact with inmates. These measures may 606
752+include, but need not be limited to: 607
753+(1) Employee assistance programs; 608
754+(2) Development and use of strategies to prevent and treat trauma-609
755+related effects on employees; 610
756+[(2)] (3) Peer support programs; and 611
757+[(3)] (4) Stress management training. 612
758+Sec. 3. Section 18-81gg of the general statutes is repealed and the 613
759+following is substituted in lieu thereof (Effective October 1, 2021): 614
760+(a) (1) The Commissioner of Correction shall establish visitation 615
761+policies for [any inmate who is a parent to a child under the age of 616
762+eighteen] incarcerated persons. Such policies shall: 617
763+(A) Permit at least one sixty-minute contact social visit per week; 618
764+(B) Permit visitation by members of an incarcerated person's 619
765+immediate family, extended family, unmarried coparents, unmarried 620
766+romantic partners and close personal friends. No person's past criminal 621
767+conviction shall be the sole or primary basis for denying a person's 622
768+application to visit; 623
769+(C) Provide that no incarcerated person may be restrained during a 624
770+contact social visit; and 625
771+(D) Provide that no incarcerated person may be deprived of a contact 626
772+social visit under this subsection without a hearing at which the 627
773+Department of Correction shall bear the burden of showing by clear and 628
774+convincing evidence that the denial of contact social visits is necessary 629
775+(i) to protect against a substantiated threat of imminent physical harm 630
776+to department employees, the visitor or another person; or (ii) to prevent 631
777+the introduction of contraband. 632 Substitute Bill No. 1059
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783+
784+(2) The department may not deprive an incarcerated person of 633
785+contact social visits provided for in this subsection for a period in excess 634
786+of ninety days. 635
787+(3) Any policies developed pursuant to subdivision (1) of this 636
788+subsection for any incarcerated person who is a parent to a child under 637
789+the age of eighteen shall include, but need not be limited to, rules 638
790+regarding: [(1)] (A) Physical contact, [(2)] (B) convenience and frequency 639
791+of visits, and [(3)] (C) access to child-friendly visiting areas. 640
792+(4) For purposes of this subsection, "contact social visit" means an in-641
793+person meeting between an incarcerated person and an approved 642
794+visitor who are not separated from each other by any physical divider, 643
795+including, but not limited to, a screen or partition. 644
796+(5) The provisions of this subsection do not apply to any incarcerated 645
797+person described in subsection (a) of section 18-10b. 646
798+(b) (1) The commissioner shall establish policies concerning mail to 647
799+and from incarcerated persons. Such policies shall: 648
800+(A) Provide that each incarcerated person may write, send and 649
801+receive letters, without limitation on the number of any such letters such 650
802+incarcerated person receives, or writes and sends at his or her own 651
803+personal expense, and 652
804+(B) Prohibit unnecessary delays in the processing of incoming and 653
805+outgoing mail to or from an incarcerated person. 654
806+(2) Each correctional facility commissary shall sell: (A) Stationery, 655
807+envelopes, postcards, greeting cards and postage; and (B) aerogramme 656
808+folding letters for foreign air mail letters. 657
809+(3) The department shall provide each incarcerated person the 658
810+following items free of charge: 659
811+(A) Materials and postage needed to send two social letters per week; 660 Substitute Bill No. 1059
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816+24 of 31
817+
818+(B) A writing instrument; and 661
819+(C) At least twenty sheets of writing paper, per month, and eight 662
820+letter-size envelopes with postage for eight letters per month, for 663
821+purposes including, but not limited to, social letters. Additional sheets 664
822+of paper for letters to the court or attorneys may be authorized upon 665
823+reasonable requests that demonstrate the need for such items by the 666
824+incarcerated person. 667
825+(4) The department may not deprive an incarcerated person the 668
826+ability to write, send or receive letters provided for in this subsection as 669
827+a matter of discipline, retaliation or convenience. 670
828+(c) (1) The commissioner shall establish policies concerning telephone 671
829+calls to and from incarcerated persons. Such policies shall: 672
830+(A) Ensure incarcerated persons may make or receive at least two 673
831+social phone calls per week; 674
832+(B) Ensure incarcerated persons may make telephone calls that last in 675
833+total time up to sixty minutes free of charge for social telephone calls; 676
834+and 677
835+(C) Prohibit the department from depriving an incarcerated person 678
836+of telephone calls as provided for in this subsection as a matter of 679
837+discipline, retaliation or convenience. 680
838+Sec. 4. Subdivision (16) of section 31-275 of the general statutes is 681
839+repealed and the following is substituted in lieu thereof (Effective October 682
840+1, 2021): 683
841+(16) (A) "Personal injury" or "injury" includes, in addition to 684
842+accidental injury that may be definitely located as to the time when and 685
843+the place where the accident occurred, an injury to an employee that is 686
844+causally connected with the employee's employment and is the direct 687
845+result of repetitive trauma or repetitive acts incident to such 688
846+employment, and occupational disease. 689 Substitute Bill No. 1059
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852+
853+(B) "Personal injury" or "injury" shall not be construed to include: 690
854+(i) An injury to an employee that results from the employee's 691
855+voluntary participation in any activity the major purpose of which is 692
856+social or recreational, including, but not limited to, athletic events, 693
857+parties and picnics, whether or not the employer pays some or all of the 694
858+cost of such activity; 695
859+(ii) A mental or emotional impairment, unless such impairment (I) 696
860+arises from a physical injury or occupational disease, (II) in the case of a 697
861+police officer of the Division of State Police within the Department of 698
862+Emergency Services and Public Protection, an organized local police 699
863+department or a municipal constabulary, or a correction officer 700
864+employed by the Department of Correction, arises from such [police] 701
865+officer's use of deadly force or subjection to deadly force in the line of 702
866+duty, regardless of whether such [police] officer is physically injured, 703
867+provided such [police] officer is the subject of an attempt by another 704
868+person to cause such [police] officer serious physical injury or death 705
869+through the use of deadly force, and such [police] officer reasonably 706
870+believes such [police] officer to be the subject of such an attempt, or (III) 707
871+in the case of a police officer, parole officer, correction officer or 708
872+firefighter, is a diagnosis of post-traumatic stress disorder as defined in 709
873+section 31-294k, as amended by this act, that meets all the requirements 710
874+of section 31-294k, as amended by this act. As used in this clause, "in the 711
875+line of duty" means any action that a police officer or correction officer 712
876+is obligated or authorized by law, rule, regulation or written condition 713
877+of employment service to perform, or for which the police officer, 714
878+correction officer or firefighter is compensated by the public entity such 715
879+officer serves; 716
880+(iii) A mental or emotional impairment that results from a personnel 717
881+action, including, but not limited to, a transfer, promotion, demotion or 718
882+termination; or 719
883+(iv) Notwithstanding the provisions of subparagraph (B)(i) of this 720
884+subdivision, "personal injury" or "injury" includes injuries to employees 721 Substitute Bill No. 1059
885+
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890+
891+of local or regional boards of education resulting from participation in a 722
892+school-sponsored activity but does not include any injury incurred 723
893+while going to or from such activity. As used in this clause, "school-724
894+sponsored activity" means any activity sponsored, recognized or 725
895+authorized by a board of education and includes activities conducted on 726
896+or off school property and "participation" means acting as a chaperone, 727
897+advisor, supervisor or instructor at the request of an administrator with 728
898+supervisory authority over the employee. 729
899+Sec. 5. Section 31-294k of the general statutes is repealed and the 730
900+following is substituted in lieu thereof (Effective October 1, 2021): 731
901+(a) As used in this section: 732
902+(1) "Correction officer" means a correction officer employed by the 733
903+Department of Correction; 734
904+[(1)] (2) "Firefighter" has the same meaning as provided in section 7-735
905+313g; 736
906+[(2)] (3) "In the line of duty" means any action that a police officer, 737
907+parole officer, correction officer or firefighter is obligated or authorized 738
908+by law, rule, regulation or written condition of employment service to 739
909+perform, or for which the officer or firefighter is compensated by the 740
910+public entity such officer or firefighter serves, except that, in the case of 741
911+a volunteer firefighter, such action or service constitutes fire duties, as 742
912+defined in subsection (b) of section 7-314b; 743
913+[(3)] (4) "Mental health professional" means a board-certified 744
914+psychiatrist or a psychologist licensed pursuant to chapter 383, who has 745
915+experience diagnosing and treating post-traumatic stress disorder; 746
916+[(4)] (5) "Parole officer" means an employee of the Department of 747
917+Correction who supervises inmates in the community after their release 748
918+from prison on parole or under another prison release program; 749
919+[(5)] (6) "Police officer" has the same meaning as provided in section 750 Substitute Bill No. 1059
920+
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924+27 of 31
925+
926+7-294a, except that "police officer" does not include an officer of a law 751
927+enforcement unit of the Mashantucket Pequot Tribe or the Mohegan 752
928+Tribe of Indians of Connecticut; 753
929+[(6)] (7) "Post-traumatic stress disorder" means a disorder that meets 754
930+the diagnostic criteria for post-traumatic stress disorder as specified in 755
931+the most recent edition of the American Psychiatric Association's 756
932+"Diagnostic and Statistical Manual of Mental Disorders"; and 757
933+[(7)] (8) "Qualifying event" means an event occurring in the line of 758
934+duty on or after July 1, 2019, in which a police officer, parole officer, 759
935+correction officer or firefighter: 760
936+(A) Views a deceased minor; 761
937+(B) Witnesses the death of a person or an incident involving the death 762
938+of a person; 763
939+(C) Witnesses an injury to a person who subsequently dies before or 764
940+upon admission at a hospital as a result of the injury and not as a result 765
941+of any other intervening cause; 766
942+(D) Has physical contact with and treats an injured person who 767
943+subsequently dies before or upon admission at a hospital as a result of 768
944+the injury and not as a result of any other intervening cause; 769
945+(E) Carries an injured person who subsequently dies before or upon 770
946+admission at a hospital as a result of the injury and not as a result of any 771
947+other intervening cause; or 772
948+(F) Witnesses a traumatic physical injury that results in the loss of a 773
949+vital body part or a vital body function that results in permanent 774
950+disfigurement of the victim. 775
951+(b) A diagnosis of post-traumatic stress disorder is compensable as a 776
952+personal injury as described in subparagraph (B)(ii)(III) of subdivision 777
953+(16) of section 31-275, as amended by this act, if a mental health 778 Substitute Bill No. 1059
954+
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958+28 of 31
959+
960+professional examines a police officer, parole officer, correction officer 779
961+or firefighter and diagnoses the officer or firefighter with post-traumatic 780
962+stress disorder as a direct result of a qualifying event, provided (1) the 781
963+post-traumatic stress disorder resulted from the officer or firefighter 782
964+acting in the line of duty and, in the case of a firefighter, such firefighter 783
965+complied with Federal Occupational Safety and Health Act standards 784
966+adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, (2) a 785
967+qualifying event was a substantial factor in causing the disorder, (3) 786
968+such qualifying event, and not another event or source of stress, was the 787
969+primary cause of the post-traumatic stress disorder, and (4) the post-788
970+traumatic stress disorder did not result from any disciplinary action, 789
971+work evaluation, job transfer, layoff, demotion, promotion, termination, 790
972+retirement or similar action of the officer or firefighter. Any such mental 791
973+health professional shall comply with any workers' compensation 792
974+guidelines for approved medical providers, including, but not limited 793
975+to, guidelines on release of past or contemporaneous medical records. 794
976+(c) Whenever liability to pay compensation is contested by the 795
977+employer, the employer shall file with the commissioner, on or before 796
978+the twenty-eighth day after the employer has received a written notice 797
979+of claim, a notice in accordance with a form prescribed by the 798
980+chairperson of the Workers' Compensation Commission stating that the 799
981+right to compensation is contested, the name of the claimant, the name 800
982+of the employer, the date of the alleged injury and the specific grounds 801
983+on which the right to compensation is contested. The employer shall 802
984+send a copy of the notice to the employee in accordance with section 31-803
985+321. If the employer or the employer's legal representative fails to file 804
986+the notice contesting liability on or before the twenty-eighth day after 805
987+receiving the written notice of claim, the employer shall commence 806
988+payment of compensation for such injury on or before the twenty-eighth 807
989+day after receiving the written notice of claim, but the employer may 808
990+contest the employee's right to receive compensation on any grounds or 809
991+the extent of the employee's disability within one hundred eighty days 810
992+from the receipt of the written notice of claim and any benefits paid 811
993+during the one hundred eighty days shall be considered payments 812 Substitute Bill No. 1059
994+
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999+
1000+without prejudice, provided the employer shall not be required to 813
1001+commence payment of compensation when the written notice of claim 814
1002+has not been properly served in accordance with section 31-321 or when 815
1003+the written notice of claim fails to include a warning that the employer 816
1004+(1) if the employer has commenced payment for the alleged injury on or 817
1005+before the twenty-eighth day after receiving a written notice of claim, 818
1006+shall be precluded from contesting liability unless a notice contesting 819
1007+liability is filed within one hundred eighty days from the receipt of the 820
1008+written notice of claim, and (2) shall be conclusively presumed to have 821
1009+accepted the compensability of the alleged injury unless the employer 822
1010+either files a notice contesting liability on or before the twenty-eighth 823
1011+day after receiving a written notice of claim or commences payment for 824
1012+the alleged injury on or before such twenty-eighth day. An employer 825
1013+shall be entitled, if the employer prevails, to reimbursement from the 826
1014+claimant of any compensation paid by the employer on and after the 827
1015+date the commissioner receives written notice from the employer or the 828
1016+employer's legal representative, in accordance with the form prescribed 829
1017+by the chairperson of the Workers' Compensation Commission, stating 830
1018+that the right to compensation is contested. Notwithstanding the 831
1019+provisions of this subsection, an employer who fails to contest liability 832
1020+for an alleged injury on or before the twenty-eighth day after receiving 833
1021+a written notice of claim and who fails to commence payment for the 834
1022+alleged injury on or before such twenty-eighth day, shall be conclusively 835
1023+presumed to have accepted the compensability of the alleged injury. If 836
1024+an employer has opted to post an address of where notice of a claim for 837
1025+compensation by an employee shall be sent, as described in subsection 838
1026+(a) of section 31-294c, the twenty-eight-day period set forth in this 839
1027+subsection shall begin on the date when such employer receives written 840
1028+notice of a claim for compensation at such posted address. 841
1029+(d) Notwithstanding any provision of this chapter, workers' 842
1030+compensation benefits for any police officer, parole officer, correction 843
1031+officer or firefighter for a personal injury described in subparagraph 844
1032+(B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, 845
1033+shall (1) include any combination of medical treatment prescribed by a 846 Substitute Bill No. 1059
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1039+
1040+board-certified psychiatrist or a licensed psychologist, temporary total 847
1041+incapacity benefits under section 31-307 and temporary partial 848
1042+incapacity benefits under subsection (a) of section 31-308, and (2) be 849
1043+provided for a maximum of fifty-two weeks from the date of diagnosis. 850
1044+No medical treatment, temporary total incapacity benefits under section 851
1045+31-307 or temporary partial incapacity benefits under subsection (a) of 852
1046+section 31-308 shall be awarded beyond four years from the date of the 853
1047+qualifying event that formed the basis for the personal injury. The 854
1048+weekly benefits received by an officer or a firefighter pursuant to section 855
1049+31-307 or subsection (a) of section 31-308, when combined with other 856
1050+benefits including, but not limited to, contributory and noncontributory 857
1051+retirement benefits, Social Security benefits, benefits under a long-term 858
1052+or short-term disability plan, but not including payments for medical 859
1053+care, shall not exceed the average weekly wage paid to such officer or 860
1054+firefighter. An officer or firefighter receiving benefits pursuant to this 861
1055+subsection shall not be entitled to benefits pursuant to subsection (b) of 862
1056+section 31-308 or section 31-308a. 863
1057+Sec. 6. Section 31-294h of the general statutes is repealed and the 864
1058+following is substituted in lieu thereof (Effective October 1, 2021): 865
1059+Notwithstanding any provision of this chapter, workers' 866
1060+compensation benefits for any correction officer or police officer, as 867
1061+described in subparagraph (B)(ii)(II) of subdivision (16) of section 31-868
1062+275, as amended by this act, who suffers a mental or emotional 869
1063+impairment arising from such [police] officer's use of deadly force or 870
1064+subjection to deadly force in the line of duty, shall be limited to 871
1065+treatment by a psychologist or a psychiatrist who is on the approved list 872
1066+of practicing physicians established by the chairperson of the Workers' 873
1067+Compensation Commission pursuant to section 31-280. 874
1068+Sec. 7. Section 7-294ff of the general statutes is repealed and the 875
1069+following is substituted in lieu thereof (Effective October 1, 2021): 876
1070+(a) Not later than January 1, [2020] 2022, the Police Officer Standards 877
1071+and Training Council, established under section 7-294b, the Department 878 Substitute Bill No. 1059
1072+
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1077+
1078+of Correction and the Commission on Fire Prevention and Control shall 879
1079+develop and promulgate a model critical incident and peer support 880
1080+policy to support the mental health care and wellness of police officers, 881
1081+as defined in section 7-294a, parole officers, as defined in section 31-882
1082+294k, as amended by this act, correction officers employed by the 883
1083+Department of Correction and firefighters, as defined in section 31-294k, 884
1084+as amended by this act. 885
1085+(b) Not later than July 1, [2020] 2022, each law enforcement unit as 886
1086+defined in section 7-294a, the Department of Correction as employer of 887
1087+parole officers and correction officers, each municipal or state paid or 888
1088+volunteer fire department and each municipal entity employing a fire 889
1089+marshal, deputy fire marshal, fire investigator, fire inspector or other 890
1090+class of investigator or inspector for whom the State Fire Marshal and 891
1091+the Codes and Standards Committee, acting jointly, have adopted 892
1092+minimum standards of qualification pursuant to section 29-298, shall (1) 893
1093+adopt and maintain a written policy that meets or exceeds the standards 894
1094+of the model policy developed pursuant to subsection (a) of this section; 895
1095+(2) make peer support available to such officers and firefighters; and (3) 896
1096+refer an officer or firefighter, as appropriate, seeking mental health care 897
1097+services to a mental health professional, as defined in section 31-294k, 898
1098+as amended by this act. 899
1099+Sec. 8. Section 18-82a of the general statutes is repealed and the 900
1100+following is substituted in lieu thereof (Effective October 1, 2021): 901
1101+In consultation with the Department of Mental Health and Addiction 902
1102+Services, the Department of Correction shall provide resilience and self-903
1103+care technique training for each parole officer, as defined in section 31-904
1104+294k, as amended by this act, hired on or after January 1, 2020, and each 905
1105+correction officer hired on or after January 1, 2022. 906
1106+This act shall take effect as follows and shall amend the following
1107+sections:
1108+
1109+Section 1 October 1, 2021 18-81jj Substitute Bill No. 1059
1110+
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1115+
1116+Sec. 2 July 1, 2022 18-96b
1117+Sec. 3 October 1, 2021 18-81gg
1118+Sec. 4 October 1, 2021 31-275(16)
1119+Sec. 5 October 1, 2021 31-294k
1120+Sec. 6 October 1, 2021 31-294h
1121+Sec. 7 October 1, 2021 7-294ff
1122+Sec. 8 October 1, 2021 18-82a
1123+
1124+JUD Joint Favorable Subst.
1125+APP Joint Favorable
8151126