Substitute Senate Bill No. 459
Public Act No. 22-18
AN ACT CONCERNING THE CORRECTION ADVISORY
COMMITTEE, THE USE OF ISOLATED CONFINEMENT AND
TRANSPARENCY FOR CONDITIONS OF INCARCERATION.
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 Section 18-81jj of the general statutes is repealed and the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 from passage):
[(a) For the purposes of this section, "ombudsman services" includes
(1) the receipt of 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
such complaints, rendering a decision on the merits of each complaint
and communicating the decision to the complainant, (3) recommending
to the commissioner a resolution of any complaint found to have merit,
(4) recommending policy revisions to the department, and (5)
publishing a quarterly report of all ombudsman services 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
cognizance of matters relating to the Department of Correction in Substitute Senate Bill No. 459
Public Act No. 22-18 2 of 23
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.
(c) Prior to any person eighteen years of age or younger in the custody
of the Commissioner of Correction obtaining ombudsman 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 or
a member of the ombudsman's 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 shall be
confidential and shall not be disclosed without the consent of the
person, except that the ombudsman may disclose without the consent
of the person (1) such communications or records as may be necessary
for the ombudsman to conduct an investigation and support any
recommendations the 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 on such
person's complaint.
(e) Notwithstanding the provisions of subsection (d) of this section,
whenever in the course of providing ombudsman services, the
ombudsman or a member of the ombudsman's 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 shall notify the Commissioner of Correction or
a facility administrator of such act or threat and the nature and target of Substitute Senate Bill No. 459
Public Act No. 22-18 3 of 23
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 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 shall provide to the commissioner all oral
or written communications relevant to such threat.]
(a) There is established the Correction Advisory Committee that shall
consist of nine members. Such members shall be appointed as follows:
(1) One who is directly impacted, appointed by the Senate
chairperson of the joint standing committee of the General Assembly
having cognizance of matters relating to the Department of Correction;
(2) One who has expertise in law, specifically the rights of
incarcerated persons, appointed by the House chairperson of the joint
standing committee of the General Assembly having cognizance of
matters relating to the Department of Correction;
(3) One who has a demonstrated interest in advancing the rights and
welfare of incarcerated persons, appointed by the president pro tempore
of the Senate;
(4) One who has a demonstrated interest in advancing the rights and
welfare of incarcerated persons, appointed by the speaker of the House
of Representatives;
(5) One who has expertise in the provision of mental health care to
incarcerated persons or formerly incarcerated persons, appointed by the
minority leader of the Senate;
(6) One who has expertise in the provision of medical care to Substitute Senate Bill No. 459
Public Act No. 22-18 4 of 23
incarcerated persons or formerly incarcerated persons, appointed by the
minority leader of the House of Representatives; and
(7) Three who are appointed by the Governor, one of whom has
expertise in corrections, one of whom has expertise in medication in a
correctional setting and one of whom is directly impacted.
(b) For purposes of subsection (a) of this section, "directly impacted"
means (1) a person who was previously incarcerated within a facility
operated by the department and is no longer under probation or any
supervision by the department, or (2) a family member of a person
described in subdivision (1) of this subsection or of a person who is in
the custody of the Commissioner of Correction.
(c) All appointments to the committee, including vacancy
appointments which shall be filled by the appointing authority having
the power to make the original appointment, shall be made as follows:
(1) Not later than thirty days after the effective date of this section or
after any vacancy, each appointing authority or any such authority
filling a vacancy shall submit a letter designating such authority's
appointment or appointments to the joint standing committee of the
General Assembly having cognizance of matters relating to the
Department of Correction. Such joint standing committee shall post
such letters on its Internet web site. The Senate and House chairpersons
of such joint standing committee shall schedule a public hearing of such
proposed appointments to be conducted not later than forty days after
the effective date of this section, or ten days after the submission of a
letter in the case of a vacancy.
(2) After such hearing, each appointing authority shall confirm or
withdraw such authority's appointment or appointments. Any
appointing authority who withdraws an appointment shall, not later
than ten days after such withdrawal, submit a new letter to such joint Substitute Senate Bill No. 459
Public Act No. 22-18 5 of 23
standing committee of the General Assembly designating a different
appointment or appointments, which shall initiate the hearing and
approval or withdrawal process pursuant to subdivision (1) of this
subsection and this subdivision for such appointment or appointments.
(d) The chairpersons of the Correction Advisory Committee shall be
the members appointed pursuant to subdivisions (1) and (2) of
subsection (a) of this section. Such chairpersons shall schedule the first
meeting of said committee, which shall be held not later than sixty days
after the effective date of this section.
(e) Each committee member shall serve a four-year term, except that
each initial term shall run for four years from February 1, 2023. Each
committee member may serve up to two terms. In the event of a vacancy
appointment, the member appointed to fill the vacancy shall serve the
remainder of the original member's four-year term and may be
reappointed for up to two more terms.
(f) Each member shall serve without compensation but shall, within
available appropriations, be reimbursed for necessary expenses that
such member may incur through service on the Correction Advisory
Committee.
(g) Each member shall, not later than ten days after the first meeting
of the Correction Advisory Committee in which such member
participates, take an oath of office to diligently and honestly administer
the affairs of said committee. The oath shall be administered by a
chairperson of said committee.
(h) A majority of the members appointed to the Correction Advisory
Committee shall constitute a quorum, which shall be necessary for the
committee to conduct business. A majority vote of the members present
shall be required for action of the committee.
(i) Any committee member shall be indemnified and represented by Substitute Senate Bill No. 459
Public Act No. 22-18 6 of 23
the Attorney General pursuant to section 5-141d.
(j) The Correction Advisory Committee shall perform the following
functions:
(1) Submit a list of candidates for Correction Ombuds for the
Governor's consideration, pursuant to subsection (k) of this section;
(2) Review the actions of the Correction Ombuds pursuant to section
2 of this act;
(3) Meet not less than quarterly to bring matters to the Correction
Ombuds' attention and to consult on the Correction Ombuds' services,
findings and recommendations; and
(4) Convene semiannual public hearings to discuss the Correction
Ombuds' services, findings and recommendations.
(k) Not later than eighty days after the effective date of this section or
not later than sixty days after any vacancy in the position of Correction
Ombuds, the Correction Advisory Committee shall solicit applications
for such position and meet to consider and interview the most qualified
candidates who are residents of this state for such position. Said
committee shall select not fewer than three and not more than five of the
most outstanding candidates, publish the names of such selected
candidates on said committee's Internet web site and hold a public
hearing allowing testimony from members of the public concerning the
selected candidates. Said committee shall submit to the Governor a list
of selected candidates. Such list shall rank the candidates in the order of
committee preference.
(l) Not later than thirty days after receiving the list submitted under
subsection (k) of this section, the Governor, with the approval of the
General Assembly, shall appoint a person qualified by training and
experience as the Correction Ombuds. If at any time any of the Substitute Senate Bill No. 459
Public Act No. 22-18 7 of 23
candidates withdraw from consideration prior to confirmation by the
General Assembly, the designation shall be made from the remaining
candidates on the list submitted to the Governor. If, not later than thirty
days after receiving the list, the Governor fails to designate a candidate
from the list, the candidate ranked first shall receive the designation and
be referred to the General Assembly for confirmation. If the General
Assembly is not in session, the designated candidate shall serve as
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.
(m) 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. Such person may be
reappointed for succeeding terms.
(n) 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, has been designated by the
Governor, the Associate Correction Ombuds, as designated by the
Correction Advisory Committee, 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.
Sec. 2. (NEW) (Effective July 1, 2022) (a) (1) There is, within the Office
of Governmental Accountability established under section 1-300 of the
general statutes, as amended by this act, the Office of the Correction
Ombuds for the provision of ombuds services. The Correction Ombuds
appointed pursuant to section 18-81jj of the general statutes, as amended
by this act, shall be the head of said office.
(2) For purposes of this section, "ombuds services" includes: Substitute Senate Bill No. 459
Public Act No. 22-18 8 of 23
(A) Evaluating the delivery of services to incarcerated persons by the
Department of Correction;
(B) Reviewing periodically the nonemergency procedures
established by the department to carry out the provisions of title 18 of
the general statutes and evaluating whether such procedures conflict
with the rights of incarcerated persons;
(C) Receiving communications from persons in the custody of the
Commissioner of Correction regarding decisions, actions, omissions,
policies, procedures, rules or regulations of the department;
(D) Conducting site visits of correctional facilities administered by
the department;
(E) Reviewing the operation of correctional facilities and
nonemergency procedures employed at such facilities. Nonemergency
procedures include, but are not limited to, the department's use of force
procedures;
(F) Recommending procedure and policy revisions to the
department;
(G) 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. The Correction Ombuds shall exhaust all other
means to reach a resolution before initiating litigation; and
(H) Publishing on an Internet web site operated by the Office of the
Correction Ombuds a semiannual summary of all ombuds services and
activities during the six-month period before such publication.
(b) Notwithstanding any provision of the general statutes, the Substitute Senate Bill No. 459
Public Act No. 22-18 9 of 23
Correction Ombuds shall act independently of any department in the
performance of the office's duties.
(c) The Correction Ombuds may, within available funds, appoint
such staff as may be deemed necessary. The duties of the staff may
include the duties and powers of the Correction Ombuds if performed
under the direction of the Correction Ombuds.
(d) 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 the Correction Ombuds' duties. Any
legal or court fees obtained by the state in actions brought by the
Correction Ombuds shall be deposited in the General Fund.
(e) In the course of investigations, the Correction Ombuds shall rely
on a variety of sources to corroborate matters raised by incarcerated
persons or others. Where such matters turn on validation of particular
incidents, the Correction Ombuds shall endeavor to rely on
communications from incarcerated persons who have reasonably
pursued a resolution of the complaint through any existing internal
grievance procedures of the Department of Correction. In all events, the
Correction Ombuds shall make good faith efforts to provide an
opportunity to the Commissioner of Correction to investigate and to
respond to such concerns prior to making such matters public.
(f) All oral and written communications, and records relating to such
communications between a person in the custody of the Commissioner
of Correction and the Correction Ombuds or a member of the Office of
the Correction Ombuds staff, including, but not limited to, the identity
of a complainant, the details of the communications and the Correction
Ombuds' findings shall be confidential and shall not be disclosed
without the consent of such person, except that the Correction Ombuds
may disclose without the consent of such person general findings or Substitute Senate Bill No. 459
Public Act No. 22-18 10 of 23
policy recommendations based on such communications, provided no
individually identifiable information is disclosed. The Correction
Ombuds shall disclose sufficient information to the Commissioner of
Correction or the commissioner's designee as is necessary to respond to
the Correction Ombuds' inquiries or to carry out recommendations, but
such information may not be further disclosed outside of the
Department of Correction.
(g) Notwithstanding the provisions of subsection (f) of this section,
whenever in the course of carrying out the Correction Ombuds' duties,
the Correction Ombuds or a member of the Office of the Correction
Ombuds staff becomes aware of the commission or planned commission
of a criminal act or threat that the Correction Ombuds reasonably
believes is likely to result in death or substantial bodily harm, the
Correction Ombuds shall notify the Commissioner of Correction or an
administrator of any correctional facility housing the perpetrator or
potential perpetrator of such act or threat and the nature and target of
the act or threat.
(h) 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 this section. The provisions of this subsection shall not be
construed to compel access to any record protected by the attorney-
client privilege or attorney-work product doctrine or any record related
to a pending internal investigation, external criminal investigation or
emergency procedures. For purposes of this subsection, "emergency
procedures" are procedures the Department of Correction uses to
manage control of tools, keys and armories and concerning department
emergency plans, emergency response units, facility security levels and
standards and radio communications.
(i) In the performance of the responsibilities provided for in this Substitute Senate Bill No. 459
Public Act No. 22-18 11 of 23
section, the Correction Ombuds may communicate privately with any
person in the custody of the commissioner. Such communications shall
be confidential except as provided in subsections (e) and (f) of this
section.
(j) The Correction Ombuds may apply for and accept grants, gifts and
bequests of funds from other states, federal and interstate agencies, for
the purpose of carrying out the Correction Ombuds' 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 the Correction Ombuds' duties.
(k) The name, address and other personally identifiable information
of a person who makes a complaint to the Correction Ombuds,
information obtained or generated by the Office of the Correction
Ombuds in the course of an investigation and all confidential records
obtained by the Correction Ombuds or the office shall be confidential
and shall not be subject to disclosure under the Freedom of Information
Act, as defined in section 1-200 of the general statutes, or otherwise
except as provided in subsections (f) and (g) of this section.
(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) Not later than December 1, 2023, and annually thereafter, the
Correction Ombuds shall submit a report, in accordance with 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 regarding the conditions of confinement in the state's
correctional facilities and halfway houses. Such report shall detail the Substitute Senate Bill No. 459
Public Act No. 22-18 12 of 23
Correction Ombuds' findings and recommendations.
Sec. 3. 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) "Administrative segregation status" means the Department of
Correction's practice of placing an [inmate] incarcerated person on
restrictive housing status following a determination that such [inmate]
incarcerated person can no longer be safely managed within the general
[inmate] population of the correctional facility; [and]
(2) "Commissioner" means the Commissioner of Correction;
(3) "De-escalation" means attempting to defuse a crisis without the
use of force;
(4) "Department" means the Department of Correction;
(5) "Grievance" means a formal complaint filed by any incarcerated
person with the internal grievance system or the department;
(6) "Incarcerated person" means a person confined and in the custody
and care of the commissioner, including persons in pretrial,
presentencing or post-conviction confinement;
(7) "Isolated confinement" means any form of confinement of an
incarcerated person within a cell, except during a facility-wide
emergency, lockdown or for the purpose of providing medical or mental
health treatment, with less than the following time out of cell:
(A) For all incarcerated persons, four hours per day, on and after July
1, 2022;
(B) For all incarcerated persons in the general population, four and a Substitute Senate Bill No. 459
Public Act No. 22-18 13 of 23
half hours per day, on and after October 1, 2022; and
(C) For all incarcerated persons in general population, five hours per
day, on and after April 1, 2023;
(8) "Lockdown" means the enforced detainment of all incarcerated
persons within such persons' cells imposed upon an entire correctional
facility or part of such facility, other than for the purpose of
administrative meetings;
(9) "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;
[(2)] (10) "Restrictive housing status" means [the designation] any
classification of an [inmate] incarcerated person by the Department of
Correction that [provides for] requires closely regulated management
and separation of such [inmate from other inmates.] incarcerated person
from other incarcerated persons, including, but not limited to,
administrative segregation status, punitive segregation status, transfer
detention status, administrative detention status, security risk group
status, chronic discipline status, special needs status and protective
custody status;
(11) "Therapist" means any (A) physician licensed pursuant to
chapter 370 who specializes in psychiatry; (B) psychologist licensed
pursuant to chapter 383; (C) an advanced practice registered nurse
licensed pursuant to chapter 387; (D) clinical social worker or master
social worker licensed pursuant to chapter 383b; or (E) professional
counselor licensed pursuant to chapter 383c; and
(12) "Use of force" means the use of physical force or deadly physical
force, as defined in section 53a-3, by a department employee to compel
compliance by an incarcerated person. Use of force includes, but is not Substitute Senate Bill No. 459
Public Act No. 22-18 14 of 23
limited to, the use of restraints, chemical agents, canines or munitions
or forcible extraction from a cell, other than in response to a psychiatric
emergency.
[(b) The Department of Correction shall publish on its Internet web
site the formula for calculating an inmate's mental health score and a
description of any form and phase of housing employed at any of its
correctional facilities for inmates on restrictive housing status.]
(b) The department shall not hold any person under eighteen years
of age in isolated confinement.
(c) Any use of isolated confinement shall maintain the least restrictive
environment necessary for the safety of incarcerated persons and staff,
and the security of the facility.
(d) If holding an incarcerated person in isolated confinement, the
department shall:
(1) Not later than twenty-four hours after initiating the process of
holding such person in isolated confinement, ensure that a medical
professional conducts a physical examination and a therapist conducts
a mental health evaluation of such person;
(2) Ensure regular monitoring to ensure such person's safety and
well-being, including a daily check-in from a therapist;
(3) Continue de-escalation efforts when applicable and appropriate
to the situation; and
(4) Provide to such person access to the following:
(A) Reading materials, paper, and a writing implement;
(B) Not less than three showers per week; and Substitute Senate Bill No. 459
Public Act No. 22-18 15 of 23
(C) Not less than two hours out of cell per day, including at least one
hour for recreational purposes.
(e) Placement of an incarcerated person in isolated confinement shall
be subject to the following:
(1) The department may place a person in isolated confinement only
after consideration of less restrictive measures;
(2) No person may be placed in isolated confinement for longer than
necessary and no more than fifteen consecutive days or thirty total days
within any sixty-day period, after which period, such person shall be
released from isolated confinement; and
(3) No person may be placed in isolated confinement based on the
same incident that was previously used as the basis for such placement.
(f) No person may be held in isolated confinement for protective
custody, except that isolated confinement may be used while the
department is determining whether protective custody status is
appropriate. The department shall limit the time period for such
determination to not more than five business days.
(g) The department shall not impose a lockdown upon an entire
correctional facility or part of a correctional facility for purposes of
training department staff for more than twenty-four cumulative hours
during any thirty-day period.
(h) Not later than January 1, 2024, the department shall 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 Department of Correction and the Criminal Justice Policy
and Planning Division established under section 4-68m concerning
measures taken by the department to address the following: Substitute Senate Bill No. 459
Public Act No. 22-18 16 of 23
(1) The frequency, cause and duration of lockdowns;
(2) The presence of persons with serious mental illness or
developmental and intellectual disabilities in isolated confinement or on
restrictive housing status;
(3) Efforts to increase the time an incarcerated person spends outside
of such person's cell;
(4) The provision of therapeutic and other pro-social programming
for persons on restrictive housing status;
(5) The use of in-cell restraints; and
(6) Fostering cooperation and engagement with the Correction
Ombuds pursuant to section 2 of this act and the Correction Advisory
Committee established pursuant to section 18-81jj, as amended by this
act.
[(c)] (i) The [Department of Correction] department shall [at least]
annually on or before January first submit to the Criminal Justice Policy
and Planning Division established under section 4-68m a report
containing, [as aggregated] in a disaggregated and anonymized format,
the following data, which shall be broken down by facility and the age,
race and sex of incarcerated persons included in the 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
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 Substitute Senate Bill No. 459
Public Act No. 22-18 17 of 23
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] incarcerated persons who were in
isolated confinement for more than fifteen cumulative days in the
previous calendar year as categorized by the following periods of time:
[(A) One to fifteen days;]
[(B)] (A) Sixteen to thirty days;
[(C)] (B) Thirty-one to [one hundred eighty] sixty 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
hundred twenty days;
(L) Two thousand nine hundred twenty-one to three thousand two
hundred eighty-five days; Substitute Senate Bill No. 459
Public Act No. 22-18 18 of 23
(M) Three thousand two hundred eighty-six to three thousand six
hundred fifty days; and]
(C) Sixty-one to ninety days; and
[(N)] (D) More than [three thousand six hundred fifty] ninety days;
(3) [For each correctional facility, the] 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] incidents broken
down by month during the previous calendar year in the department's
facilities categorized as:
(A) Suicides by incarcerated persons;
(B) Attempted suicides by incarcerated persons;
(C) Self-harm by incarcerated persons;
(D) Assaults by incarcerated persons on staff members; and
(E) Assaults and fights between incarcerated persons;
(4) [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, staff and the public.]
Monthly reports showing the total number of incarcerated persons
against whom the department has used force, including use of the
following:
(A) Chemical agent devices; Substitute Senate Bill No. 459
Public Act No. 22-18 19 of 23
(B) Full stationary restraints;
(C) Deadly physical force;
(D) In-cell restraints;
(E) Less than lethal munitions;
(F) Lethal munitions;
(G) Medical restraints;
(H) Physical force;
(I) Therapeutic restraints;
(J) Cell extraction; and
(K) Canines;
(5) Grievances filed by incarcerated persons, broken down by month,
including the number of grievances filed, dismissed, affirmed or
otherwise resolved;
(6) Programs offered to incarcerated persons, including the program
title and a brief description of the program, the number of spots
available in each program and the number of persons enrolled in each
program as of the first of each month;
(7) Internal department work assignments held by incarcerated
persons, including the work assignment title, the daily wage paid and
the number of such persons in each position as of the first of each month;
and
(8) External jobs held by incarcerated persons working for outside
employers, including the job title, hourly wage paid, the number of such
persons in each position as of the first of each month and the name of Substitute Senate Bill No. 459
Public Act No. 22-18 20 of 23
each employer.
[(d) The department shall not hold any person under eighteen years
of age on administrative segregation status.
(e) Not later than January 1, 2019, the Commissioner of 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 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), inclusive, of] this
section do not apply to any [inmate] incarcerated person described in
subsection (a) of section 18-10b.
[(g) Within available appropriations, the Department of Correction
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) De-escalation and communication techniques to divert inmates
from situations that may lead to the inmate being placed on
administrative segregation status. Substitute Senate Bill No. 459
Public Act No. 22-18 21 of 23
(h) 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 include,
but need not be limited to:
(1) Employee assistance programs;
(2) Peer support programs; and
(3) Stress management training.]
(k) The department shall publish on its Internet web site the formula
for calculating an incarcerated person's mental health score and any
report pursuant to subsection (i) of this section.
Sec. 4. Section 1-300 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) There is established the Office of Governmental Accountability.
The executive administrator of the office shall serve as the
administrative head of the office, who shall be appointed in accordance
with the provisions of section 1-301, as amended by this act.
(b) The Office of Governmental Accountability shall provide
personnel, payroll, affirmative action and administrative and business
office functions and information technology associated with such
functions for the following: The Judicial Review Council established
under section 51-51k, Judicial Selection Commission established under
section 51-44a, Board of Firearms Permit Examiners established under
section 29-32b, Office of the Child Advocate established under section
46a-13k, Office of the Victim Advocate established under section 46a-
13b, [and] State Contracting Standards Board established under section
4e-2 and Office of the Correction Ombuds, established under section 2
of this act. The personnel, payroll, affirmative action and administrative
and business office functions of said offices, commission, council and Substitute Senate Bill No. 459
Public Act No. 22-18 22 of 23
boards shall be merged and consolidated within the Office of
Governmental Accountability.
(c) The executive administrator may employ necessary staff to carry
out the administrative functions of the Office of Governmental
Accountability, within available appropriations. Such necessary staff of
the Office of Governmental Accountability shall be in classified service.
(d) Nothing in this section shall be construed to affect or limit the
independent decision-making authority of the Judicial Review Council,
Judicial Selection Commission, Board of Firearms Permit Examiners,
Office of the Child Advocate, Office of the Victim Advocate, [or the]
State Contracting Standards Board or Office of the Correction Ombuds.
Such decision-making authority includes, but is not limited to, decisions
concerning budgetary issues and concerning the employment of
necessary staff to carry out the statutory duties of each such office,
commission, council or board.
Sec. 5. Subsection (a) of section 1-301 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) (1) There shall be a Governmental Accountability Commission,
within the Office of Governmental Accountability established under
section 1-300, as amended by this act, that shall consist of [six] seven
members as follows: (A) The executive director of the Judicial Review
Council established under section 51-51k, or the executive director's
designee; (B) the chairperson of the Judicial Selection Commission
established under section 51-44a, or the chairperson's designee; (C) the
chairperson of the Board of Firearms Permit Examiners established
under section 29-32b, or the chairperson's designee; (D) the Child
Advocate appointed under section 46a-13k, or the advocate's designee;
(E) the Victim Advocate appointed under section 46a-13b, or the
advocate's designee; [and] (F) the chairperson of the State Contracting Substitute Senate Bill No. 459
Public Act No. 22-18 23 of 23
Standards Board established under section 4e-2, or the chairperson's
designee; and (G) the Correction Ombuds appointed under section 18-
81jj, as amended by this act, or the Correction Ombuds' designee,
provided no person serving as a designee under this subsection may be
a state employee. The Governmental Accountability Commission shall
select a chairperson who shall preside at meetings of the commission.
Said commission shall meet for the purpose of making
recommendations to the Governor for candidates for the executive
administrator of the Office of Governmental Accountability pursuant to
the provisions of subsection (b) of this section, or for the purpose of
terminating the employment of the executive administrator.
(2) The commission established under subdivision (1) of this
subsection shall not be construed to be a board or commission within
the meaning of section 4-9a.