Substitute Senate Bill No. 1059
Public Act No. 21-110
AN ACT CONCERNING THE OFFICE OF THE CORRECTION
OMBUDS, THE USE OF ISOLATED CONFINEMENT, SECLUSION
AND RESTRAINTS, SOCIAL CONTACTS FOR INCARCERATED
PERSONS AND TRAINING AND WORKERS' COMPENSATION
BENEFITS FOR CORRECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 18-81jj of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) (1) There is, within the Office of Governmental Accountability
established under section 1-300, the Office of the Correction Ombuds for
the provision of ombuds services.
[(a)] (2) For [the] purposes of this section, ["ombudsman services"]
"ombuds services" includes: [(1) the receipt of]
(A) Evaluating the delivery of services to incarcerated persons by the
Department of Correction, its contractors and other entities that provide
services to people detained in correctional institutions or halfway
houses through funding provided by the state;
(B) Reviewing periodically the procedures established by the
Department of Correction to carry out the provisions of title 18 with a
view toward the rights of incarcerated persons; Substitute Senate Bill No. 1059
Public Act No. 21-110 2 of 27
(C) Receiving complaints [by the ombudsman] from persons
[eighteen years of age or younger] in the custody of the Commissioner
of Correction regarding decisions, actions, omissions, policies,
procedures, rules or regulations of the Department of Correction; [,]
[(2) investigating] (D) Investigating such complaints, rendering a
decision on the merits of each complaint and communicating the
decision to the complainant; [, (3) recommending]
(E) Recommending to the commissioner a resolution of any
complaint found to have merit; [, (4) recommending]
(F) Reviewing the operation of facilities and procedures employed at
such facilities where a person may be housed who is in the custody of
the commissioner;
(G) Providing assistance including, but not limited to, advocating
with a department or service provider or others on behalf of the
incarcerated person;
(H) Recommending procedure and policy revisions to the
department; [, and (5) publishing]
(I) Taking all possible actions, including, but not limited to,
conducting programs of public education, undertaking legislative
advocacy and making proposals for systemic reform and formal legal
action, in order to secure and ensure the rights of persons in the custody
of the commissioner; and
(J) Publishing a [quarterly] semiannual report of all [ombudsman]
ombuds services and activities.
(b) [The Commissioner of Correction shall hire a person to provide
ombudsman services and shall annually report the name of such person
to the joint standing committee of the General Assembly having Substitute Senate Bill No. 1059
Public Act No. 21-110 3 of 27
cognizance of matters relating to the Department of Correction in
accordance with the provisions of section 11-4a. In addition to the
executive assistant positions authorized under subdivision (10) of
section 5-198, the commissioner may hire an executive assistant to carry
out the duties of this section.] (1) Not later than October 1, 2021, and
upon any vacancy in the position of Correction Ombuds, the Governor
shall nominate a person qualified by training and experience to perform
and lead the office of Correction Ombuds. Any nomination by the
Governor for appointment of Correction Ombuds shall be referred,
without debate, to the joint standing committee of the General Assembly
having cognizance of matters relating to corrections which shall report
on each appointment not later than thirty days after the date of
reference. Each such appointment by the General Assembly shall be by
concurrent resolution.
(2) The person appointed as Correction Ombuds shall serve for an
initial term of two years and may serve until a successor is appointed
and confirmed in accordance with this section and be reappointed for
succeeding terms.
(3) Upon any vacancy in the position of Correction Ombuds and until
such time as a candidate has been confirmed by the General Assembly
or, if the General Assembly is not in session, the candidate designated
for appointment by the Governor shall serve as the acting Correction
Ombuds and be entitled to the compensation, privileges and powers of
the Correction Ombuds until the General Assembly meets to take action
on said appointment.
(4) Notwithstanding any provision of the general statutes, the
Correction Ombuds shall act independently of any department in the
performance of the office's duties.
(5) The Correction Ombuds may, within available funds, appoint
such staff as may be deemed necessary. The duties of the staff may Substitute Senate Bill No. 1059
Public Act No. 21-110 4 of 27
include the duties and powers of the Correction Ombuds if performed
under the direction of the Correction Ombuds.
(6) The General Assembly shall annually appropriate such sums as
necessary for the payment of the salaries of the staff and for the payment
of office expenses and other actual expenses incurred by the Correction
Ombuds in the performance of his or her duties. Any legal or court fees
obtained by the state in actions brought by the Correction Ombuds shall
be deposited in the General Fund.
(7) The Correction Ombuds shall annually submit, in accordance with
the provisions of section 11-4a, to the Governor and the joint standing
committees of the General Assembly having cognizance of matters
relating to corrections, public health and human services a detailed
report analyzing the work of the Office of the Correction Ombuds.
(c) Prior to any person [eighteen years of age or younger] in the
custody of the Commissioner of Correction obtaining [ombudsman]
ombuds services, such person shall have reasonably pursued a
resolution of the complaint through any existing internal grievance of
appellate procedures of the Department of Correction.
(d) All oral and written communications, and records relating to such
communications between a person [eighteen years of age or younger] in
the custody of the Commissioner of Correction and the [ombudsman]
Correction Ombuds or a member of the [ombudsman's] Office of the
Correction Ombuds staff, including, but not limited to, the identity of a
complainant, the details of a complaint and the investigative findings
and conclusions of the [ombudsman] Correction Ombuds shall be
confidential and shall not be disclosed without the consent of the
person, except that the [ombudsman] Correction Ombuds may disclose
without the consent of the person (1) such communications or records
as may be necessary for the [ombudsman] Correction Ombuds to
conduct an investigation and support any recommendations the Substitute Senate Bill No. 1059
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ombudsman may make, or (2) the formal disposition of a person's
complaint when requested in writing by a court that is hearing such
person's application for a writ of habeas corpus that was filed
subsequent to an adverse finding by the [ombudsman] Correction
Ombuds on such person's complaint.
(e) Notwithstanding the provisions of subsection (d) of this section,
whenever in the course of providing [ombudsman] ombuds services,
the [ombudsman] Correction Ombuds or a member of the
[ombudsman's] Office of the Correction Ombuds staff becomes aware
of the commission or planned commission of a criminal act or a threat
to the health and safety of any person or the security of a correctional
facility, the [ombudsman] Correction Ombuds shall notify the
Commissioner of Correction or a facility administrator of such act or
threat and the nature and target of the act or threat.
(f) If the Commissioner of Correction has a reasonable belief that a
person [eighteen years of age or younger] in the custody of the
commissioner has made or provided to the [ombudsman] Correction
Ombuds an oral or written communication concerning a safety or
security threat within the Department of Correction or directed against
an employee of the department, the [ombudsman] Correction Ombuds
shall provide to the commissioner all oral or written communications
relevant to such threat.
(g) Notwithstanding any provision of the general statutes concerning
the confidentiality of records and information, the Correction Ombuds
shall have access to, including the right to inspect and copy, any records
necessary to carry out the responsibilities of the Correction Ombuds as
provided in subsection (a) of this section. If the Correction Ombuds is
denied access to any records necessary to carry out said responsibilities,
he or she may issue a subpoena for the production of such records as
provided in subsection (i) of this section. Substitute Senate Bill No. 1059
Public Act No. 21-110 6 of 27
(h) In the performance of his or her responsibilities under subsection
(a) of this section, the Correction Ombuds may communicate privately
with any person in the custody of the commissioner. Such
communications shall be confidential.
(i) The Correction Ombuds may issue subpoenas to compel the
attendance and testimony of witnesses or the production of books,
papers and other documents and to administer oaths to witnesses in any
matter under his or her investigation. The person to whom such
subpoena is issued may, not later than fifteen days after service of such
subpoena, or on or before the time specified in the subpoena for
compliance if such time is less than fifteen days after service, serve upon
the Correction Ombuds written objection to the subpoena and file such
objection in the superior court for the judicial district of Hartford which
shall adjudicate such objection in accordance with the rules of the court.
If any person to whom such subpoena is issued fails to so object to or
appear or, having appeared, refuses to give testimony or fails to produce
the evidence required, the Correction Ombuds may apply to the
superior court for the judicial district of Hartford which shall have
jurisdiction to order such person to appear and give testimony or to
produce such evidence, as the case may be.
(j) The Correction Ombuds may apply for and accept grants, gifts and
bequests of funds from other states, federal and interstate agencies and
independent authorities and private firms, individuals and foundations,
for the purpose of carrying out his or her responsibilities. There is
established within the General Fund a Correction Ombuds account
which shall be a separate nonlapsing account. Any funds received under
this subsection shall, upon deposit in the General Fund, be credited to
said account and may be used by the Correction Ombuds in the
performance of his or her duties.
(k) The name, address and other personally identifiable information
of a person who makes a complaint to the Correction Ombuds and all Substitute Senate Bill No. 1059
Public Act No. 21-110 7 of 27
information obtained or generated by the office in the course of an
investigation and all confidential records obtained by the Correction
Ombuds or a designee shall be confidential and shall not be subject to
disclosure under the Freedom of Information Act or otherwise, except
that such information and records, other than confidential information
concerning a pending law enforcement investigation or a pending
prosecution, may be disclosed if the Correction Ombuds determines
that disclosure is (1) in the general public interest, or (2) necessary to
enable the Correction Ombuds to perform his or her responsibilities
under subsection (a) of this section. A person may appeal any
determination not to disclose information pursuant to this section in
accordance with section 4-183.
(l) No state or municipal agency shall discharge, or in any manner
discriminate or retaliate against, any employee who in good faith makes
a complaint to the Correction Ombuds or cooperates with the Office of
the Correction Ombuds in an investigation.
(m) The state of Connecticut shall protect and hold harmless any
attorney, director, investigator, social worker or other person employed
by the Office of the Correction Ombuds from financial loss and expense,
including legal fees and costs, if any, arising out of any claim, demand
or suit for damages resulting from acts or omissions committed in the
discharge of his or her duties with the program within the scope of his
or her employment which may constitute negligence but which acts are
not wanton, malicious or grossly negligent as determined by a court of
competent jurisdiction.
(n) The Office of the Correction Ombuds shall conduct a study
regarding the conditions in the state's correctional facilities and halfway
houses. Not later than October 1, 2022, and annually thereafter, the
Correction Ombuds shall submit a report, in accordance with section 11-
4a to the joint standing committee of the General Assembly having
cognizance of matters relating to corrections regarding the conditions of Substitute Senate Bill No. 1059
Public Act No. 21-110 8 of 27
confinement in the state's correctional facilities and halfway houses.
Sec. 2. Section 18-96b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) As used in this section:
(1) "Abuse" means any act or omission by a department employee or
a person working under a contract or as a volunteer with the
department who acts or fails to act knowingly, recklessly or
intentionally, each as defined in section 53a-3, and which act or omission
caused, or could have caused mental harm, physical injury or death to
an incarcerated person;
[(1)] (2) "Administrative segregation status" means the Department of
Correction's practice of placing an inmate on restrictive housing status
following a determination that such inmate can no longer be safely
managed within the general inmate population of the correctional
facility; [and]
(3) "Commissioner" means the Commissioner of Correction;
(4) "De-escalation" means to effectively defuse a crisis without the use
of force by using tactics learned through training to recognize and
respond to emotions;
(5) "Department" means the Department of Correction;
(6) "Form and phase of housing" means any status, restrictive or
otherwise, that an incarcerated person may experience while in the
custody of the commissioner;
(7) "Incarcerated person" means a person confined and in the custody
and care of the Commissioner of Correction, including those persons in
pretrial, presentencing or post-conviction confinement; Substitute Senate Bill No. 1059
Public Act No. 21-110 9 of 27
(8) "Isolated confinement" means confinement of an incarcerated
person in a cell, alone or with others, for more than seventeen and one-
half hours per day;
(9) "Life-threatening physical restraint" means any physical restraint
or hold of a person that (A) restricts the flow of air into a person's lungs,
whether by chest compression or any other means, or (B) immobilizes
or reduces the free movement of a person's arms, legs or head while the
person is in the prone position;
(10) "Medical professional" means (A) A physician licensed under
chapter 370; (B) a physician assistant licensed under chapter 370; or (C)
an advanced practice registered nurse, registered nurse or practical
nurse licensed under chapter 378;
(11) "Member of a vulnerable population" means any incarcerated
person who:
(A) Is twenty-one years of age or younger, or sixty-five years of age
or older;
(B) Has a mental disability, as defined in section 53a-181i, a history of
psychiatric hospitalization, or has recently exhibited self-harming
conduct, including, but not limited to, self-mutilation;
(C) Has a developmental disability, as defined in section 17b-28;
(D) Has a serious medical condition that cannot be effectively treated
in isolated confinement;
(E) Is pregnant, is in the postpartum period, or has recently suffered
a miscarriage or terminated a pregnancy; or
(F) Has a significant auditory or visual impairment;
(12) "Neglect" means a negligent act or omission by any staff member Substitute Senate Bill No. 1059
Public Act No. 21-110 10 of 27
or volunteer which caused, or may have caused, injury or death to an
incarcerated person;
(13) "Pharmacological restraint" means a drug or medication when
used to manage a person's behavior or restrict a person's freedom of
movement and not as a standard treatment or administered in a dosage
appropriate for the patient's condition;
(14) "Physician" means a physician, licensed pursuant to chapter 370;
(15) "Psychiatric emergency" means an event during which a person
poses a substantiated threat of imminent physical harm to himself or
herself or another person due to an acute disturbance of behavior,
thought or mood;
(16) "Physical Restraint" means any mechanical device used to control
the movement of an incarcerated person's body or limbs, including, but
not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black
box, leg irons, belly chains, a security chain or a convex shield, but does
not include any medical device or helmet, mitt or similar device used to
prevent self-injury when the device is part of a documented treatment
plan and is the least restrictive means available to prevent such self-
injury;
(17) "Seclusion" means involuntary confinement of an incarcerated
person as a patient in a separate room, subject to close medical
supervision for the purpose of protecting the patient and others from
harm;
(18) "Serious incident" means any of the following:
(A) An attack on a department building or facility conducted from
outside of the building or facility;
(B) A significant breach of a department building or facility Substitute Senate Bill No. 1059
Public Act No. 21-110 11 of 27
perimeter;
(C) Possession of firearms, ammunition or explosives by an
incarcerated person or a visitor to a department building or facility;
(D) A death of an on-duty department employee, a person working
under a contract or as a volunteer with the department or a visitor to a
department building or facility or an unnatural death of an incarcerated
person;
(E) An injury to an on-duty department employee, a person working
under a contract or as a volunteer with the department, a visitor to a
department building or facility or an incarcerated person that results in
such person's admission to an acute care hospital;
(F) A riot or hostage situation at a department building or facility;
(G) A major fire at a department building or facility;
(H) A bomb threat directed at a department building or facility;
(I) A suspected bio-chemical contamination of a department building
or facility;
(J) Any suspected, attempted or confirmed escape of an incarcerated
person from a correctional facility or work detail or during transport,
including any such escape reported by a member of the public;
(K) Any incident requiring a unit to be placed on alert or mobilized
in response to an emergency at a department building or facility;
(L) An intentional or accidental discharge of a firearm at a
department building or facility, other than during training;
(M) Use of a category 2 chemical agent at a department building or
facility, as categorized in standards adopted by the federal Occupational Substitute Senate Bill No. 1059
Public Act No. 21-110 12 of 27
Safety and Health Administration, for purposes other than those
approved for building, facility or equipment maintenance;
(N) An event that seriously impacts normal operation of the
department such as a health emergency, power outage, any major
destruction or disablement of state property or an incident requiring an
unplanned lockdown of a department facility;
(O) A terrorist threat or intelligence of suspected terrorist activity;
(P) An instance of workplace violence or threat of workplace violence
in any workplace or as part of any work detail requiring the immediate
separation of incarcerated persons due to an imminent threat of
violence;
(Q) A reported sexual abuse of an incarcerated person or a
department employee or a person working under a contract or as a
volunteer with the department committed on or by an incarcerated
person or a staff member or a person working as a volunteer with the
department, where there is immediate evidence or indication that sexual
abuse has occurred; or
(R) A suicide attempt by an incarcerated person requiring immediate
life-saving measures;
(19) "Restraint" includes any pharmacological restraint, physical
restraint or soft restraint;
[(2)] (20) "Restrictive housing status" means [the designation of an
inmate by the Department of Correction that provides for closely
regulated management and separation of such inmate from other
inmates.] any classification that requires closely regulated management
and separation of an incarcerated person and includes, but is not limited
to, following correctional statuses: Administrative segregation, punitive
segregation, transfer detention, administrative detention, security risk Substitute Senate Bill No. 1059
Public Act No. 21-110 13 of 27
group, chronic discipline, special needs and protective custody;
(21) "Soft restraint" means any physical restraint constructed of
padded, quilted or pliable materials, but does not include, flex cuffs,
handcuffs, a black box, leg irons, a belly chain or a security chain;
(22) "Staff member" means an employee, contractor or subcontractor
of the department;
(23) "Therapist" means any (A) physician licensed pursuant to
chapter 370 who specializes in psychiatry, (B) psychologist licensed
pursuant to chapter 383, (C) marital and family therapist licensed
pursuant to chapter 383a, (D) clinical social worker or master social
worker licensed pursuant to chapter 383b, or (E) professional counselor
licensed pursuant to chapter 383c;
(24) "Unique individual" means a person who, for data collection
purposes, is associated with a unique identifier that is anonymized; and
(25) "Use of force" means the use of physical force or deadly physical
force, as defined in section 53a-3, by a staff member to compel
compliance by an incarcerated person. "Use of force" includes, but is not
limited to, the use of restraints, chemical agents, canines, chokeholds or
munitions or forceable extraction from a cell.
(b) (1) On and after July 1, 2022, each incarcerated person shall have
the opportunity to be outside of his or her cell for at least six and one-
half hours each day, except for those incarcerated persons on restrictive
housing status, or as otherwise provided in the case of an incarcerated
person held in seclusion pursuant to subsection (d) of this section or
except as provided in subdivision (4) of this subsection or in response to
(A) a serious incident resulting in a correctional facility-wide lockdown;
(B) a substantiated threat of imminent physical harm to another person
as evidenced by recent conduct; or (C) an incarcerated person's request
for segregation for such person's protection. Substitute Senate Bill No. 1059
Public Act No. 21-110 14 of 27
(2) On and after July 1, 2023, each incarcerated person shall have the
opportunity to be outside of his or her cell for at least six and one-half
hours each day, including those incarcerated persons on restrictive
housing status, except in the case of an incarcerated person held in
seclusion pursuant to subsection (d) of this section or except as provided
in subdivision (4) of this subsection or in response to (A) a serious
incident resulting in a correctional facility-wide lockdown; (B) a
substantiated threat of imminent physical harm to another person as
evidenced by recent conduct; or (C) an incarcerated person's request for
segregation for such person's protection.
(3) Prior to holding any incarcerated person in isolated confinement
due to one of the situations described in subparagraph (A), (B) or (C) of
subdivision (1) of this subsection, the department shall attempt to
defuse the instant situation by using de-escalation methods and less
restrictive measures. Only if such methods and measures fail to defuse
the instant situation may the department hold a person in isolated
confinement.
(4) If holding an incarcerated person in isolated confinement, the
department shall:
(A) Not later than twenty-four hours after initiating the process of
holding such person in isolated confinement, ensure a physician
personally conducts a physical examination and a therapist personally
conducts a mental health evaluation of such person to determine
whether such person is a member of a vulnerable population;
(B) Ensure continuous monitoring to ensure the person's safety and
well-being;
(C) Ensure that any person held in isolated confinement shall have
sufficient and regular access to a toilet, water, food, light, air and heat;
(D) Continue de-escalation efforts; and Substitute Senate Bill No. 1059
Public Act No. 21-110 15 of 27
(E) End isolated confinement of the person as soon as the threat of the
serious incident or of imminent physical harm to others has passed or
such person no longer requests segregation for such person's protection.
(5) The department shall not subject any incarcerated person to
isolated confinement (A) because of the incarcerated person's race,
creed, color, national origin, nationality, ancestry, age, marital status,
domestic partnership or civil union status, affectional or sexual
orientation, genetic information, pregnancy or breastfeeding status, sex,
gender identity or expression, disability or atypical hereditary cellular
or blood trait, or (B) for any continuous period longer than seventy-two
hours, or for more than seventy-two hours during any fourteen-day
period.
(6) No staff member with a rank lower than captain may order an
incarcerated person to be held in isolated confinement. A staff member
with a rank of captain or higher or the commissioner or deputy
commissioner may order an incarcerated person to be held in isolated
confinement for an initial period of not more than eight hours. If there
is no staff member on duty during a period of time at a facility with the
rank of captain or higher, the warden of such facility may authorize an
officer who has the highest rank of those on duty during such period of
time to have the ability to order an incarcerated person to be held in
isolated confinement for an initial period of not more than eight hours.
Only a staff member with a rank of deputy warden or warden or the
commissioner or deputy commissioner may order the continuation of a
period of isolated confinement in increments of no more than eight
hours and not more than a total of forty-eight hours. Only the
commissioner or deputy commissioner may order the continuation of a
period of isolated confinement of not more than a total of seventy-two
hours.
(c) (1) The department shall not subject an incarcerated person to the
use of (A) life-threatening restraints, (B) pharmacological restraints, Substitute Senate Bill No. 1059
Public Act No. 21-110 16 of 27
except as provided in subsection (d) of this section, or (C) physical
restraints except as provided in subsection (d) of this section or
subdivisions (2) and (3) of this subsection for the purpose of (i)
transporting the incarcerated person between units or outside the
correctional facility, or (ii) responding to a substantiated threat of
imminent physical harm to another person as evidenced by recent
conduct.
(2) Prior to subjecting any incarcerated person to the use of physical
restraints pursuant to clause (ii) of subparagraph (C) of subdivision (1)
of this subsection and subdivision (3) of this subsection, the department
shall attempt to defuse the instant situation by using de-escalation
methods and less restrictive measures. Only if such methods and
measures fail to defuse the instant situation may the department subject
a person to the use of physical restraints, except as restricted pursuant
to section 18-69c.
(3) If subjecting an incarcerated person to physical restraints
pursuant to clause (ii) of subparagraph (C) of subdivision (1) of this
subsection, the department shall:
(A) Ensure continuous monitoring to ensure the person's safety and
well-being, including requiring a medical professional to check the
imposition of restraints and every two hours thereafter to ensure
adequate circulation and range of movement to avoid pain and to
permit the incarcerated person to perform necessary bodily functions,
including breathing, eating, drinking, standing, lying down, sitting and
using the toilet;
(B) Ensure that no physical restraints are imposed upon an
incarcerated inmate who is showering or exercising;
(C) Continue de-escalation efforts; and
(D) End the use of physical restraints on the incarcerated person as Substitute Senate Bill No. 1059
Public Act No. 21-110 17 of 27
soon as the threat of the serious incident or imminent physical harm to
others has passed.
(4) No staff member with a rank lower than captain may subject an
incarcerated person to the use of physical restraints. A staff member
with a rank of captain or higher may order an incarcerated person to be
subjected to the use of physical restraints for an initial period of not
more than two hours. Only a staff member with a rank of deputy
warden or warden or the commissioner or deputy commissioner may
order the use of physical restraints upon such person for an additional
period of not more than two hours, provided no incarcerated person is
subjected to physical restraints for more than four hours in any twenty-
four-hour period.
(d) (1) The department may subject an incarcerated person to the use
of seclusion or restraints in response to a psychiatric emergency
pursuant to subdivisions (2) and (3) of this subsection, provided a
therapist attempts to defuse the instant situation by using de-escalation
methods and less restrictive measures and such methods and measures
fail to defuse the instant situation.
(2) If subjecting an incarcerated person to seclusion or restraints in
response to a psychiatric emergency pursuant to this subsection, the
department shall:
(A) Ensure any such seclusion occurs or restraints are imposed only
within medical units of the correctional facility;
(B) Ensure that the only restraints employed are soft restraints or
pharmacological restraints;
(C) Ensure that no (i) soft restraints be employed if pharmacological
restraints have already been administered and have alleviated the risk
of a serious incident or imminent physical harm, and (ii)
pharmacological restraints may be administered if soft restraints have Substitute Senate Bill No. 1059
Public Act No. 21-110 18 of 27
already been employed and have alleviated such risk;
(D) Ensure a medical professional checks the imposition of restraints
and every two hours thereafter checks to ensure adequate circulation
and range of movement to avoid pain and that a medical professional
continually monitors, through direct observation, such person while
such person is subject to restraints under this subsection;
(E) Continue de-escalation efforts; and
(F) End the use of seclusion or restraints on the incarcerated person
as soon as the threat of the serious incident or imminent physical harm
has passed.
(3) Only a therapist may order an incarcerated person to be subjected
to the use of restraints pursuant to this subsection. After an in-person
evaluation by a therapist of an incarcerated person and a determination
by the therapist that restraints are necessary to prevent a substantiated
threat of imminent physical harm by an incarcerated person to himself
or herself or others due to an acute disturbance of behavior, thought or
mood, the therapist may order such person to be subjected to restraints
for an initial period of not more than two hours. A therapist may only
order an incarcerated person to be subjected for an additional period of
restraint that is not longer than two hours if such therapist, after an in-
person evaluation, determines that restraints remain necessary to
prevent a substantiated threat of imminent physical harm by an
incarcerated person to himself or herself or others due to an acute
disturbance of behavior, thought or mood.
(4) The department shall develop standards to enable staff members
to determine whether the use of restraints or seclusion is
contraindicated for each incarcerated person, based on such person's
medical and psychiatric status. The department shall inform each
incarcerated person of their restraint or seclusion status and shall Substitute Senate Bill No. 1059
Public Act No. 21-110 19 of 27
maintain such person's restraint or seclusion status in a place easily
visible to staff members in the event that an emergency response is
necessary.
(e) (1) Any time the department restrains or confines a person
pursuant to subsection (b), (c) or (d) of this section, the department shall:
(A) Video and audio record each such incident from the moment the
use of restraints or confinement is imposed until the conclusion of such
usage; and
(B) Document de-escalation methods attempted, the cause for the
imposition of use of restraints or confinement and the method and
duration of any restraint used.
(2) The department shall retain any video or audio record or
document created pursuant to subdivision (1) of this subsection for a
period of not less than five years from the date of its creation.
[(b)] (f) The Department of Correction shall publish on its Internet
web site (1) the formula for calculating an inmate's mental health score,
[and] (2) a description of any form and phase of housing employed at
any of its correctional facilities for [inmates on restrictive housing status]
incarcerated persons held in isolated confinement, (3) any report
pursuant to subsection (g) of this section, and (4) data used in such
report in a downloadable, sortable format.
[(c)] (g) The Department of Correction shall at least annually submit
to the Criminal Justice Policy and Planning Division established under
section 4-68m a report containing as [aggregated] disaggregated and
anonymized the following data:
(1) The number of [inmates on restrictive housing status] incarcerated
persons in isolated confinement in this state's correctional facilities, as
of the first day of each of the twelve months preceding the date of the Substitute Senate Bill No. 1059
Public Act No. 21-110 20 of 27
submission of the report [. The department shall report and
disaggregate such data based on an inmate's age, gender identity,
ethnicity, mental health score as calculated by the department, if any,
and the form and phase of housing in which such inmate is held on
restrictive housing status] and the total number of persons subjected to
isolated confinement during the twelve months preceding the date of
submission of the report;
[(2) The number of inmates on administrative segregation status who
have spent the following cumulative durations of time on
administrative segregation status:
(A) One to fifteen days;
(B) Sixteen to thirty days;
(C) Thirty-one to one hundred eighty days;
(D) One hundred eighty-one to three hundred sixty-five days;
(E) Three hundred sixty-six to seven hundred thirty days;
(F) Seven hundred thirty-one to one thousand ninety-five days;
(G) One thousand ninety-six to one thousand four hundred sixty
days;
(H) One thousand four hundred sixty-one to one thousand eight
hundred twenty-five days;
(I) One thousand eight hundred twenty-six to two thousand one
hundred ninety days;
(J) Two thousand one hundred ninety-one to two thousand five
hundred fifty-five days;
(K) Two thousand five hundred fifty-six to two thousand nine Substitute Senate Bill No. 1059
Public Act No. 21-110 21 of 27
hundred twenty days;
(L) Two thousand nine hundred twenty-one to three thousand two
hundred eighty-five days;
(M) Three thousand two hundred eighty-six to three thousand six
hundred fifty days; and
(N) More than three thousand six hundred fifty days;
(3) For each correctional facility, the number of inmates who, during
the twelve months preceding the date of the submission of the report,
spent more than fifteen days, cumulative, on administrative segregation
status. The department shall report and disaggregate such data based
on an inmate's age, gender identity, ethnicity, mental health score as
calculated by the department, if any, and the form and phase of
restricted housing in which such inmate is held; and]
(2) A list of unique individuals in the custody of the department in
the twelve months preceding the date of the submission of the report
subjected to any form of isolated confinement. The list shall include the
following information for each person: Age, gender identity, ethnicity,
reason for placement in isolation, total number of days spent in isolated
confinement in the previous calendar year, total number of days spent
in isolated confinement over the course of the entire period of
incarceration, specific restrictive housing status, if any, and mental
health score as calculated by the department, if any;
(3) A list of unique individuals in the custody of the department in
the twelve months preceding the date of the submission of the report
subjected to restraints. The list shall include the following information
for each person: Age, gender identity, ethnicity, total number of hours
spent in restraints in the previous calendar year, specific restrictive
housing status, if any, and mental health score as calculated by the
department, if any; Substitute Senate Bill No. 1059
Public Act No. 21-110 22 of 27
(4) The number of incidents, broken down by correctional facility, for
each of the following in the previous calendar year and categorized as:
(A) Suicides;
(B) Attempted suicides;
(C) Self-harm;
(D) Use of force by staff members against incarcerated persons;
(E) Assaults by incarcerated persons on staff members; and
(F) Assaults between incarcerated persons;
(5) The number of incarcerated persons subjected to more than
seventy-two hours of isolated confinement in the previous calendar year
as categorized by the following periods of time:
(A) Up to fifteen days;
(B) Sixteen to thirty days;
(C) Thirty-one to seventy-nine days; or
(D) Eighty or more days; and
[(4)] (6) Actions taken by the department during the twelve months
preceding the date of the submission of the report to minimize reliance
on administrative segregation status and to mitigate the harmful effects
of administrative segregation status on [inmates] incarcerated persons,
staff members and the public.
[(d)] (h) The department shall not hold any person under eighteen
years of age on administrative segregation status.
[(e)] (i) Not later than January 1, [2019] 2021, the Commissioner of Substitute Senate Bill No. 1059
Public Act No. 21-110 23 of 27
Correction shall study and submit a report, in accordance with the
provisions of section 11-4a, to the joint standing committee of the
General Assembly having cognizance of matters relating to [the
judiciary] corrections regarding the use and oversight of all forms and
phases of housing for inmates on restrictive housing status.
[(f)] (j) The provisions of subsections (a) to [(d)] (h), inclusive, of this
section do not apply to any [inmate] incarcerated person described in
subsection (a) of section 18-10b.
[(g)] (k) Within available appropriations, the [Department of
Correction] department shall provide training to employees of the
department who interact with inmates concerning the following:
(1) The recognition of symptoms of mental illness;
(2) The potential risks and side effects of psychiatric medications;
(3) De-escalation techniques for safely managing individuals with
mental illness;
(4) Consequences of untreated mental illness;
(5) The long and short-term psychological effects of being on
administrative segregation status; [and]
(6) The recognition of and techniques for mitigating trauma and
vicarious trauma; and
[(6)] (7) De-escalation and communication techniques to divert
inmates from situations that may lead to the inmate being placed on
administrative segregation status.
[(h)] (l) Within available appropriations, the Department of
Correction shall take measures to promote the wellness of employees of
the department who interact with inmates. These measures may Substitute Senate Bill No. 1059
Public Act No. 21-110 24 of 27
include, but need not be limited to:
(1) Employee assistance programs;
(2) Development and use of strategies to prevent and treat trauma-
related effects on employees;
[(2)] (3) Peer support programs; and
[(3)] (4) Stress management training.
Sec. 3. Section 18-81gg of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) (1) The Commissioner of Correction shall establish visitation
policies for [any inmate who is a parent to a child under the age of
eighteen] incarcerated persons. Such policies shall:
(A) Permit at least one sixty-minute contact social visit per week;
(B) Permit visitation by members of an incarcerated person's
immediate family, extended family, unmarried coparents, unmarried
romantic partners and close personal friends. No person's past criminal
conviction shall be the sole or primary basis for denying a person's
application to visit;
(C) Provide that no incarcerated person may be restrained during a
contact social visit; and
(D) Provide that no incarcerated person, except one who has a history
of contraband violations, may be deprived of a contact social visit under
this subsection without first having a hearing at which the Department
of Correction shall bear the burden of showing by clear and convincing
evidence that the denial of contact social visits is necessary (i) to protect
against a substantiated threat of imminent physical harm to department
employees, the visitor or another person; or (ii) to prevent the Substitute Senate Bill No. 1059
Public Act No. 21-110 25 of 27
introduction of contraband. If the department fails to make such
showing, the incarcerated person shall have such contact social visits
reinstated. Any such incarcerated person who has a history of
contraband violations may be deprived of contact social visits without
first having a hearing, provided such person may request a hearing to
have such contact social visits reinstated. Hearings conducted pursuant
to this subparagraph shall be guided by written procedures developed
under section 5 of this act. Any incarcerated person who has a social
contact visit denied pursuant to this section shall have an opportunity
for a social visit not involving contact in the place of such social contact
visit.
(2) The department may not deprive an incarcerated person of
contact social visits provided for in this subsection for a period in excess
of ninety days.
(3) Any policies developed pursuant to subdivision (1) of this
subsection for any incarcerated person who is a parent to a child under
the age of eighteen shall include, but need not be limited to, rules
regarding: [(1)] (A) Physical contact, [(2)] (B) convenience and frequency
of visits, and [(3)] (C) access to child-friendly visiting areas.
(4) For purposes of this subsection, "contact social visit" means an in-
person meeting between an incarcerated person and an approved
visitor who are not separated from each other by any physical divider,
including, but not limited to, a screen or partition.
(5) The provisions of this subsection do not apply to any incarcerated
person described in subsection (a) of section 18-10b.
(b) (1) The commissioner shall establish policies concerning mail to
and from incarcerated persons. Such policies shall:
(A) Provide that each incarcerated person may write, send and
receive letters, without limitation on the number of any such letters such Substitute Senate Bill No. 1059
Public Act No. 21-110 26 of 27
incarcerated person receives, or writes and sends at his or her own
personal expense, and
(B) Prohibit unnecessary delays in the processing of incoming and
outgoing mail to or from an incarcerated person.
(2) Each correctional facility commissary shall sell: (A) Stationery,
envelopes, postcards, greeting cards and postage; and (B) aerogramme
folding letters for foreign air mail letters.
(3) The department may not deprive an incarcerated person the
ability to write, send or receive letters provided for in this subsection as
a matter of discipline, retaliation or convenience.
Sec. 4. (Effective from passage) (a) The Commissioner of Correction
may, not later than July 1, 2023, develop a plan to govern how each
incarcerated person on restrictive housing status shall have the
opportunity to be outside of his or her cell for at least six and one-half
hours each day, except as otherwise provided in subsection (b) of section
18-96b of the general statutes, as amended by this act. Regardless of
whether such plan is developed, each such incarcerated person shall
have the opportunity to be outside of his or her cell for at least six and
one-half hours each day, as provided in said subsection (b).
(b) Not later than two weeks after any plan is developed pursuant to
subsection (a) of this section, the commissioner shall report such plan in
accordance with the provisions of section 11-4a of the general statutes
to the joint standing committee of the General Assembly having
cognizance of matters relating to the Department of Correction.
Sec. 5. (Effective from passage) Not later than September 30, 2021, the
Commissioner of Correction shall develop written procedures for
hearings conducted pursuant to section 18-81gg of the general statutes,
as amended by this act. Such procedures shall guide such hearings on
and after October 1, 2021. Not later than October 1, 2021, the Substitute Senate Bill No. 1059
Public Act No. 21-110 27 of 27
commissioner shall report such procedures in accordance with the
provisions of section 11-4a of the general statutes to the joint standing
committee of the General Assembly having cognizance of matters
relating to the Department of Correction.