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General Assembly Raised Bill No. 460
February Session, 2022
LCO No. 3572
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING COMPASSIONATE OR MEDICAL PAROLE
AND CREDITS AWARDED FOR RELEASE DURING AN EMERGENCY
DECLARATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (e) and (f) of section 54-124a of the 2022 1
supplement to the general statutes are repealed and the following is 2
substituted in lieu thereof (Effective October 1, 2022): 3
(e) (1) Each parole release panel, including any such panel for the 4
purpose of compassionate parole release or medical parole release, shall 5
be composed of three members, one of whom shall be the chairperson 6
or a full-time member designated by the chairperson to serve 7
temporarily as chairperson. 8
(2) Each pardons panel shall be composed of three members, one of 9
whom may be the chairperson, except that for hearings on 10
commutations from the penalty of death, one member of the panel shall 11
be the chairperson. 12
(3) Each panel that discharges persons on parole from the custody of 13 Raised Bill No. 460
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the Commissioner of Correction or that terminates the period of special 14
parole for persons shall be composed of three members, one of whom 15
shall be the chairperson or a full-time member designated by the 16
chairperson to serve temporarily as chairperson. 17
(f) The Board of Pardons and Paroles shall have independent 18
decision-making authority to (1) grant or deny parole in accordance 19
with sections 54-125, 54-125a, 54-125e and 54-125g, medical parole in 20
accordance with the provisions of sections 54-131a to 54-131g, inclusive, 21
as amended by this act, or compassionate parole in accordance with the 22
provisions of section 54-131k, as amended by this act, (2) establish 23
conditions of parole, medical parole, compassionate parole or special 24
parole supervision in accordance with section 54-126, (3) rescind or 25
revoke parole, medical parole, compassionate parole or special parole 26
in accordance with sections 54-127, as amended by this act, and 54-128, 27
as amended by this act, (4) grant commutations of punishment or 28
releases, conditioned or absolute, in the case of any person convicted of 29
any offense against the state and commutations from the penalty of 30
death in accordance with section 54-130a, (5) discharge any person on 31
parole, medical parole or compassionate parole or inmate eligible for 32
parole from the custody of the Commissioner of Correction pursuant to 33
section 54-129, and (6) terminate special parole in accordance with 34
section 54-129. 35
Sec. 2. Section 54-127 of the general statutes is repealed and the 36
following is substituted in lieu thereof (Effective October 1, 2022): 37
The request of the Commissioner of Correction or any officer of the 38
Department of Correction so designated by the commissioner, or of the 39
Board of Pardons and Paroles or its chairman shall be sufficient warrant 40
to authorize any officer of the Department of Correction or any officer 41
authorized by law to serve criminal process within this state, to return 42
any convict or inmate on parole, medical parole or compassionate 43
parole into actual custody; and any such officer, police officer, constable 44
or state marshal shall arrest and hold any parolee or inmate when so 45
requested, without any written warrant. 46 Raised Bill No. 460
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Sec. 3. Section 54-127a of the general statutes is repealed and the 47
following is substituted in lieu thereof (Effective October 1, 2022): 48
All parole revocation and rescission hearings shall be conducted by 49
an employee of the Board of Pardons and Paroles. The parole of a person 50
who has been allowed to go on parole in accordance with subsection (a) 51
of section 54-125a or section 54-125g, or sections 54-131a to 54-131g, 52
inclusive, as amended by this act, or section 54-131k, as amended by this 53
act, or who has been sentenced to a period of special parole in 54
accordance with subdivision (9) of subsection (b) of section 53a-28, shall 55
be revoked or rescinded if, after such hearing, the employee 56
recommends such revocation or rescission and such recommendation is 57
approved by at least two members of a panel of the board. 58
Sec. 4. Subsection (a) of section 54-128 of the general statutes is 59
repealed and the following is substituted in lieu thereof (Effective October 60
1, 2022): 61
(a) Any paroled inmate, including an inmate allowed to go on parole 62
pursuant to sections 54-131a to 54-131g, inclusive, as amended by this 63
act, or section 54-131k, as amended by this act, who has been returned 64
to any institution of the Department of Correction for violation of such 65
inmate's parole may be retained in a correctional institution for a period 66
equal to the unexpired portion of the term of such inmate's sentence at 67
the date of the request or order for such inmate's return less any 68
commutation or diminution of such inmate's sentence earned, except 69
that the Board of Pardons and Paroles may, in its discretion, determine 70
that such inmate shall forfeit any or all of such earned time, or may be 71
again paroled by said board. 72
Sec. 5. Section 54-131a of the general statutes is repealed and the 73
following is substituted in lieu thereof (Effective October 1, 2022): 74
[The] A panel of the Board of Pardons and Paroles may determine, in 75
accordance with sections 54-131a to 54-131g, inclusive, as amended by 76
this act, when and under what conditions an inmate serving any 77
sentence of imprisonment may be released on medical parole. 78 Raised Bill No. 460
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Sec. 6. Section 54-131b of the general statutes is repealed and the 79
following is substituted in lieu thereof (Effective October 1, 2022): 80
[The] A panel of the Board of Pardons and Paroles may release on 81
medical parole any inmate serving any sentence of imprisonment, 82
except an inmate convicted of a capital felony under the provisions of 83
section 53a-54b in effect prior to April 25, 2012, or murder with special 84
circumstances under the provisions of section 53a-54b in effect on or 85
after April 25, 2012, who has been diagnosed pursuant to section 54-131c 86
as suffering from a terminal condition, disease or syndrome, and is so 87
debilitated or incapacitated by such condition, disease or syndrome as 88
to be physically incapable of presenting a danger to society. 89
Notwithstanding any provision of the general statutes to the contrary, 90
the Board of Pardons and Paroles may release such inmate at any time 91
during the term of such inmate's sentence. 92
Sec. 7. Section 54-131k of the general statutes is repealed and the 93
following is substituted in lieu thereof (Effective October 1, 2022): 94
(a) The Board of Pardons and Paroles may grant a compassionate 95
parole release to any inmate serving any sentence of imprisonment, 96
except an inmate convicted of a capital felony under the provisions of 97
section 53a-54b in effect prior to April 25, 2012, or murder with special 98
circumstances under the provisions of section 53a-54b in effect on or 99
after April 25, 2012, if [it] the panel finds that such inmate (1) is so 100
physically or mentally debilitated, incapacitated or infirm as a result of 101
advanced age or as a result of a condition, disease or syndrome that is 102
not terminal as to [be physically incapable of presenting a] present a 103
significantly reduced risk of danger to society, and (2) (A) has served 104
not less than one-half of such inmate's definite or aggregate sentence, or 105
(B) has served not less than one-half of such inmate's remaining definite 106
or aggregate sentence after commutation of the original sentence by the 107
Board of Pardons and Paroles. 108
(b) (1) During a major disaster or an emergency declaration by the 109
President of the United States covering any part of the state, or an 110 Raised Bill No. 460
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emergency declaration issued by the Governor, that shall include, but 111
need not be limited to, those declarations issued concerning the COVID-112
19 pandemic, any other disease epidemic or public health emergency or 113
a natural disaster, a panel of the Board of Pardons and Paroles may grant 114
a compassionate parole release to any inmate serving any sentence of 115
imprisonment, except an inmate convicted of a capital felony under the 116
provisions of section 53a-54b in effect prior to April 25, 2012, or murder 117
with special circumstances under the provisions of section 53a-54b in 118
effect on or after April 25, 2012, at any time during the term of such 119
inmate's sentence, if the panel finds circumstances exist which pose a 120
higher risk of harm to such inmate should he or she remain confined. 121
(2) For purposes of this subsection, "COVID-19" means the 122
respiratory disease designated by the World Health Organization on 123
February 11, 2020, as coronavirus 2019, and any related mutation thereof 124
recognized by said organization as a communicable respiratory disease. 125
[(b)] (c) Any person granted a compassionate parole release pursuant 126
to this section shall be released subject to such terms and conditions as 127
may be established by the Board of Pardons and Paroles and [shall be 128
supervised by the Department of Correction] the rules and regulations 129
established pursuant to section 54-126. 130
(d) The chairperson of the Board of Pardons and Paroles may appoint 131
a special panel to implement the provisions of this section and review 132
and decide requests for compassionate parole under this section on an 133
emergency basis, and in all cases shall act in as expeditious a manner as 134
possible. 135
(e) The provisions of this section shall not affect an inmate's eligibility 136
for any other form of parole or release provided by law. 137
Sec. 8. (NEW) (Effective October 1, 2022) (a) The Commissioner of 138
Correction shall grant public health emergency release credits in 139
accordance with subsection (b) of this section to any inmate who is 140
serving a sentence of imprisonment whose scheduled release date is 141
within one year of the issuance of a declaration described in subsection 142 Raised Bill No. 460
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(b) of this section, except to an inmate who is sentenced for a violation 143
of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 144
53a-70c or 53a-100aa, or who is a persistent dangerous felony offender 145
or persistent dangerous sexual offender pursuant to section 53a-40. 146
(b) (1) Notwithstanding any provision of the general statutes, during 147
a major disaster or an emergency declaration by the President of the 148
United States covering any part of the state, or an emergency declaration 149
issued by the Governor, that shall include, but need not be limited to, 150
those declarations issued concerning the COVID-19 pandemic, any 151
other disease epidemic or public health emergency or a natural disaster, 152
the commissioner shall award public health emergency release credits 153
to any inmate described in subsection (a) of this section who is serving 154
a sentence of imprisonment during the time period covered by such 155
declaration toward a reduction of such inmate's term of imprisonment, 156
in an amount equal to one hundred twenty-two days per month for each 157
month such inmate is imprisoned during the period covered by such 158
declaration, the amount of which shall be reduced pro rata for any 159
month that did not fall entirely during the period covered by such 160
declaration. The commissioner shall not award more than two hundred 161
forty-four days' worth of credits to any such inmate during the time 162
period covered by any such declaration. 163
(2) For purposes of this subsection, "COVID-19" means the 164
respiratory disease designated by the World Health Organization on 165
February 11, 2020, as coronavirus 2019, and any related mutation thereof 166
recognized by said organization as a communicable respiratory disease. 167
(c) Any credit awarded under this section may only be awarded 168
during the period of time that the inmate is sentenced to a term of 169
imprisonment and committed to the custody of the commissioner and 170
may not be transferred or applied to a subsequent term of 171
imprisonment. In no event shall any credit awarded under this section 172
be applied so as to reduce a mandatory minimum term of imprisonment 173
such inmate is required to serve by statute. 174 Raised Bill No. 460
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(d) The provisions of this section shall not affect an inmate's eligibility 175
for any other form of parole or release provided by law. 176
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 54-124a(e) and (f)
Sec. 2 October 1, 2022 54-127
Sec. 3 October 1, 2022 54-127a
Sec. 4 October 1, 2022 54-128(a)
Sec. 5 October 1, 2022 54-131a
Sec. 6 October 1, 2022 54-131b
Sec. 7 October 1, 2022 54-131k
Sec. 8 October 1, 2022 New section
Statement of Purpose:
To create a release panel for determinations of medical and
compassionate release, modify standards used to determine when an
inmate may be eligible for compassionate parole release and establish a
system for credits to be awarded to inmates toward release from
imprisonment in the time of an emergency declaration.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]