Connecticut 2022 Regular Session

Connecticut Senate Bill SB00460 Compare Versions

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7-General Assembly Substitute Bill No. 460
4+LCO No. 3572 1 of 7
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6+General Assembly Raised Bill No. 460
87 February Session, 2022
8+LCO No. 3572
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11+Referred to Committee on JUDICIARY
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13+
14+Introduced by:
15+(JUD)
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1420 AN ACT CONCERNING COMPASSIONATE OR MEDICAL PAROLE
1521 AND CREDITS AWARDED FOR RELEASE DURING AN EMERGENCY
1622 DECLARATION.
1723 Be it enacted by the Senate and House of Representatives in General
1824 Assembly convened:
1925
2026 Section 1. Subsections (e) and (f) of section 54-124a of the 2022 1
2127 supplement to the general statutes are repealed and the following is 2
2228 substituted in lieu thereof (Effective October 1, 2022): 3
2329 (e) (1) Each parole release panel, including any such panel for the 4
2430 purpose of compassionate parole release or medical parole release, shall 5
2531 be composed of three members, one of whom shall be the chairperson 6
2632 or a full-time member designated by the chairperson to serve 7
2733 temporarily as chairperson. 8
2834 (2) Each pardons panel shall be composed of three members, one of 9
2935 whom may be the chairperson, except that for hearings on 10
3036 commutations from the penalty of death, one member of the panel shall 11
3137 be the chairperson. 12
32-(3) Each panel that discharges persons on parole from the custody of 13
38+(3) Each panel that discharges persons on parole from the custody of 13 Raised Bill No. 460
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3344 the Commissioner of Correction or that terminates the period of special 14
3445 parole for persons shall be composed of three members, one of whom 15
35-shall be the chairperson or a full-time member designated by the 16 Substitute Bill No. 460
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46+shall be the chairperson or a full-time member designated by the 16
4247 chairperson to serve temporarily as chairperson. 17
4348 (f) The Board of Pardons and Paroles shall have independent 18
4449 decision-making authority to (1) grant or deny parole in accordance 19
4550 with sections 54-125, 54-125a, 54-125e and 54-125g, medical parole in 20
4651 accordance with the provisions of sections 54-131a to 54-131g, inclusive, 21
4752 as amended by this act, or compassionate parole in accordance with the 22
4853 provisions of section 54-131k, as amended by this act, (2) establish 23
4954 conditions of parole, medical parole, compassionate parole or special 24
5055 parole supervision in accordance with section 54-126, (3) rescind or 25
5156 revoke parole, medical parole, compassionate parole or special parole 26
5257 in accordance with sections 54-127, as amended by this act, and 54-128, 27
5358 as amended by this act, (4) grant commutations of punishment or 28
5459 releases, conditioned or absolute, in the case of any person convicted of 29
5560 any offense against the state and commutations from the penalty of 30
5661 death in accordance with section 54-130a, (5) discharge any person on 31
5762 parole, medical parole or compassionate parole or inmate eligible for 32
5863 parole from the custody of the Commissioner of Correction pursuant to 33
59-section 54-129, as amended by this act, and (6) terminate special parole 34
60-in accordance with section 54-129, as amended by this act. 35
64+section 54-129, and (6) terminate special parole in accordance with 34
65+section 54-129. 35
6166 Sec. 2. Section 54-127 of the general statutes is repealed and the 36
6267 following is substituted in lieu thereof (Effective October 1, 2022): 37
6368 The request of the Commissioner of Correction or any officer of the 38
6469 Department of Correction so designated by the commissioner, or of the 39
6570 Board of Pardons and Paroles or its chairman shall be sufficient warrant 40
6671 to authorize any officer of the Department of Correction or any officer 41
6772 authorized by law to serve criminal process within this state, to return 42
6873 any convict or inmate on parole, medical parole or compassionate 43
6974 parole into actual custody; and any such officer, police officer, constable 44
7075 or state marshal shall arrest and hold any parolee or inmate when so 45
71-requested, without any written warrant. 46
72-Sec. 3. Section 54-127a of the general statutes is repealed and the 47
73-following is substituted in lieu thereof (Effective October 1, 2022): 48 Substitute Bill No. 460
76+requested, without any written warrant. 46 Raised Bill No. 460
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82+Sec. 3. Section 54-127a of the general statutes is repealed and the 47
83+following is substituted in lieu thereof (Effective October 1, 2022): 48
8084 All parole revocation and rescission hearings shall be conducted by 49
8185 an employee of the Board of Pardons and Paroles. The parole of a person 50
8286 who has been allowed to go on parole in accordance with subsection (a) 51
8387 of section 54-125a or section 54-125g, or sections 54-131a to 54-131g, 52
8488 inclusive, as amended by this act, or section 54-131k, as amended by this 53
8589 act, or who has been sentenced to a period of special parole in 54
8690 accordance with subdivision (9) of subsection (b) of section 53a-28, shall 55
8791 be revoked or rescinded if, after such hearing, the employee 56
8892 recommends such revocation or rescission and such recommendation is 57
8993 approved by at least two members of a panel of the board. 58
9094 Sec. 4. Subsection (a) of section 54-128 of the general statutes is 59
9195 repealed and the following is substituted in lieu thereof (Effective October 60
9296 1, 2022): 61
9397 (a) Any paroled inmate, including an inmate allowed to go on parole 62
9498 pursuant to sections 54-131a to 54-131g, inclusive, as amended by this 63
9599 act, or section 54-131k, as amended by this act, who has been returned 64
96100 to any institution of the Department of Correction for violation of such 65
97101 inmate's parole may be retained in a correctional institution for a period 66
98102 equal to the unexpired portion of the term of such inmate's sentence at 67
99103 the date of the request or order for such inmate's return less any 68
100104 commutation or diminution of such inmate's sentence earned, except 69
101105 that the Board of Pardons and Paroles may, in its discretion, determine 70
102106 that such inmate shall forfeit any or all of such earned time, or may be 71
103107 again paroled by said board. 72
104-Sec. 5. Subsection (a) of section 54-129 of the general statutes is 73
105-repealed and the following is substituted in lieu thereof (Effective October 74
106-1, 2022): 75
107-(a) If it appears to the appropriate panel of the Board of Pardons and 76
108-Paroles that any person on parole, medical parole or compassionate 77
109-parole or inmate eligible for parole, medical parole or compassionate 78
110-parole or any person serving a period of special parole will lead an 79
111-orderly life, the panel, by a unanimous vote, may (1) declare such person 80 Substitute Bill No. 460
108+Sec. 5. Section 54-131a of the general statutes is repealed and the 73
109+following is substituted in lieu thereof (Effective October 1, 2022): 74
110+[The] A panel of the Board of Pardons and Paroles may determine, in 75
111+accordance with sections 54-131a to 54-131g, inclusive, as amended by 76
112+this act, when and under what conditions an inmate serving any 77
113+sentence of imprisonment may be released on medical parole. 78 Raised Bill No. 460
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118-on parole, medical parole or compassionate parole or inmate discharged 81
119-from the custody of the Commissioner of Correction, or (2) at any time 82
120-during such person's period of special parole, terminate such period, 83
121-without a court order, before such person completes such period. 84
122-Sec. 6. Section 54-131a of the general statutes is repealed and the 85
123-following is substituted in lieu thereof (Effective October 1, 2022): 86
124-[The] A panel of the Board of Pardons and Paroles may determine, in 87
125-accordance with sections 54-131a to 54-131g, inclusive, as amended by 88
126-this act, when and under what conditions an inmate serving any 89
127-sentence of imprisonment may be released on medical parole. 90
128-Sec. 7. Section 54-131b of the general statutes is repealed and the 91
129-following is substituted in lieu thereof (Effective October 1, 2022): 92
130-[The] A panel of the Board of Pardons and Paroles may release on 93
131-medical parole any inmate serving any sentence of imprisonment, 94
132-except an inmate convicted of a capital felony under the provisions of 95
133-section 53a-54b in effect prior to April 25, 2012, or murder with special 96
134-circumstances under the provisions of section 53a-54b in effect on or 97
135-after April 25, 2012, who has been diagnosed pursuant to section 54-131c 98
136-as suffering from a terminal condition, disease or syndrome, and is so 99
137-debilitated or incapacitated by such condition, disease or syndrome as 100
138-to be physically incapable of presenting a danger to society. 101
139-Notwithstanding any provision of the general statutes to the contrary, 102
140-the Board of Pardons and Paroles may release such inmate at any time 103
141-during the term of such inmate's sentence. 104
142-Sec. 8. Section 54-131k of the general statutes is repealed and the 105
143-following is substituted in lieu thereof (Effective October 1, 2022): 106
144-(a) The Board of Pardons and Paroles may grant a compassionate 107
145-parole release to any inmate serving any sentence of imprisonment, 108
146-except an inmate convicted of a capital felony under the provisions of 109
147-section 53a-54b in effect prior to April 25, 2012, or murder with special 110
148-circumstances under the provisions of section 53a-54b in effect on or 111 Substitute Bill No. 460
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119+Sec. 6. Section 54-131b of the general statutes is repealed and the 79
120+following is substituted in lieu thereof (Effective October 1, 2022): 80
121+[The] A panel of the Board of Pardons and Paroles may release on 81
122+medical parole any inmate serving any sentence of imprisonment, 82
123+except an inmate convicted of a capital felony under the provisions of 83
124+section 53a-54b in effect prior to April 25, 2012, or murder with special 84
125+circumstances under the provisions of section 53a-54b in effect on or 85
126+after April 25, 2012, who has been diagnosed pursuant to section 54-131c 86
127+as suffering from a terminal condition, disease or syndrome, and is so 87
128+debilitated or incapacitated by such condition, disease or syndrome as 88
129+to be physically incapable of presenting a danger to society. 89
130+Notwithstanding any provision of the general statutes to the contrary, 90
131+the Board of Pardons and Paroles may release such inmate at any time 91
132+during the term of such inmate's sentence. 92
133+Sec. 7. Section 54-131k of the general statutes is repealed and the 93
134+following is substituted in lieu thereof (Effective October 1, 2022): 94
135+(a) The Board of Pardons and Paroles may grant a compassionate 95
136+parole release to any inmate serving any sentence of imprisonment, 96
137+except an inmate convicted of a capital felony under the provisions of 97
138+section 53a-54b in effect prior to April 25, 2012, or murder with special 98
139+circumstances under the provisions of section 53a-54b in effect on or 99
140+after April 25, 2012, if [it] the panel finds that such inmate (1) is so 100
141+physically or mentally debilitated, incapacitated or infirm as a result of 101
142+advanced age or as a result of a condition, disease or syndrome that is 102
143+not terminal as to [be physically incapable of presenting a] present a 103
144+significantly reduced risk of danger to society, and (2) (A) has served 104
145+not less than one-half of such inmate's definite or aggregate sentence, or 105
146+(B) has served not less than one-half of such inmate's remaining definite 106
147+or aggregate sentence after commutation of the original sentence by the 107
148+Board of Pardons and Paroles. 108
149+(b) (1) During a major disaster or an emergency declaration by the 109
150+President of the United States covering any part of the state, or an 110 Raised Bill No. 460
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155-after April 25, 2012, if [it] the panel finds that such inmate (1) is so 112
156-physically or mentally debilitated, incapacitated or infirm as a result of 113
157-advanced age or as a result of a condition, disease or syndrome that is 114
158-not terminal as to [be physically incapable of presenting a] present a 115
159-significantly reduced risk of danger to society, and (2) (A) has served 116
160-not less than one-half of such inmate's definite or aggregate sentence, or 117
161-(B) has served not less than one-half of such inmate's remaining definite 118
162-or aggregate sentence after commutation of the original sentence by the 119
163-Board of Pardons and Paroles. 120
164-(b) (1) During a major disaster or an emergency declaration by the 121
165-President of the United States covering any part of the state, or an 122
166-emergency declaration issued by the Governor, that shall include, but 123
167-need not be limited to, those declarations issued concerning the COVID-124
168-19 pandemic, any other disease epidemic or public health emergency or 125
169-a natural disaster, a panel of the Board of Pardons and Paroles may grant 126
170-a compassionate parole release to any inmate serving any sentence of 127
171-imprisonment, except an inmate convicted of a capital felony under the 128
172-provisions of section 53a-54b in effect prior to April 25, 2012, or murder 129
173-with special circumstances under the provisions of section 53a-54b in 130
174-effect on or after April 25, 2012, at any time during the term of such 131
175-inmate's sentence, if the panel finds (A) circumstances exist which pose 132
176-a higher risk of harm to such inmate should such inmate remain 133
177-confined, and (B) such inmate presents a reduced risk of presenting any 134
178-danger to society. 135
179-(2) For purposes of this subsection, "COVID-19" means the 136
180-respiratory disease designated by the World Health Organization on 137
181-February 11, 2020, as coronavirus 2019, and any related mutation thereof 138
182-recognized by said organization as a communicable respiratory disease. 139
183-(3) Any person granted a compassionate parole release pursuant to 140
184-this subsection shall, upon expiration or termination of the major 141
185-disaster or emergency declaration, be ordered to appear before the 142
186-Board of Pardons of Paroles or any special panel thereof appointed 143
187-pursuant to this section not later than twenty days after such expiration 144 Substitute Bill No. 460
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156+emergency declaration issued by the Governor, that shall include, but 111
157+need not be limited to, those declarations issued concerning the COVID-112
158+19 pandemic, any other disease epidemic or public health emergency or 113
159+a natural disaster, a panel of the Board of Pardons and Paroles may grant 114
160+a compassionate parole release to any inmate serving any sentence of 115
161+imprisonment, except an inmate convicted of a capital felony under the 116
162+provisions of section 53a-54b in effect prior to April 25, 2012, or murder 117
163+with special circumstances under the provisions of section 53a-54b in 118
164+effect on or after April 25, 2012, at any time during the term of such 119
165+inmate's sentence, if the panel finds circumstances exist which pose a 120
166+higher risk of harm to such inmate should he or she remain confined. 121
167+(2) For purposes of this subsection, "COVID-19" means the 122
168+respiratory disease designated by the World Health Organization on 123
169+February 11, 2020, as coronavirus 2019, and any related mutation thereof 124
170+recognized by said organization as a communicable respiratory disease. 125
171+[(b)] (c) Any person granted a compassionate parole release pursuant 126
172+to this section shall be released subject to such terms and conditions as 127
173+may be established by the Board of Pardons and Paroles and [shall be 128
174+supervised by the Department of Correction] the rules and regulations 129
175+established pursuant to section 54-126. 130
176+(d) The chairperson of the Board of Pardons and Paroles may appoint 131
177+a special panel to implement the provisions of this section and review 132
178+and decide requests for compassionate parole under this section on an 133
179+emergency basis, and in all cases shall act in as expeditious a manner as 134
180+possible. 135
181+(e) The provisions of this section shall not affect an inmate's eligibility 136
182+for any other form of parole or release provided by law. 137
183+Sec. 8. (NEW) (Effective October 1, 2022) (a) The Commissioner of 138
184+Correction shall grant public health emergency release credits in 139
185+accordance with subsection (b) of this section to any inmate who is 140
186+serving a sentence of imprisonment whose scheduled release date is 141
187+within one year of the issuance of a declaration described in subsection 142 Raised Bill No. 460
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194-or termination for a hearing as to whether such compassionate parole 145
195-release shall be revoked, continued or modified. The Board of Pardons 146
196-of Paroles or any special panel thereof shall revoke a compassionate 147
197-parole release if the Board or panel finds (A) the risk of harm to such 148
198-person should such person be confined is no longer higher than prior to 149
199-the major disaster or emergency declaration, and (B) returning such 150
200-person to confinement is in the best interest of public safety. 151
201-[(b)] (c) Any person granted a compassionate parole release pursuant 152
202-to this section shall be released subject to such terms and conditions as 153
203-may be established by the Board of Pardons and Paroles and [shall be 154
204-supervised by the Department of Correction] the rules and regulations 155
205-established pursuant to section 54-126. 156
206-(d) The chairperson of the Board of Pardons and Paroles may appoint 157
207-a special panel to implement the provisions of this section and review 158
208-and decide requests for compassionate parole under this section on an 159
209-emergency basis, and in all cases shall act in as expeditious a manner as 160
210-possible. 161
211-(e) The provisions of this section shall not affect an inmate's eligibility 162
212-for any other form of parole or release provided by law. 163
213-(f) Not later than October 1, 2023, and annually thereafter, the Board 164
214-of Pardons and Paroles shall report, in accordance with the provisions 165
215-of section 11-4a, to the joint standing committee of the General 166
216-Assembly having cognizance of matters relating to the judiciary (1) the 167
217-number of persons granted compassionate parole release in the prior 168
218-year, (2) the number of such persons released who have been arrested 169
219-in the prior year, (3) the number of such persons released who have been 170
220-ordered reconfined based upon violations of the terms or conditions of 171
221-compassionate parole release in the prior year, and (4) the number of 172
222-such persons released who have been sentenced to confinement 173
223-pursuant to a separate and unrelated offense. 174
224-Sec. 9. (NEW) (Effective October 1, 2022) (a) The Commissioner of 175 Substitute Bill No. 460
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193+(b) of this section, except to an inmate who is sentenced for a violation 143
194+of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 144
195+53a-70c or 53a-100aa, or who is a persistent dangerous felony offender 145
196+or persistent dangerous sexual offender pursuant to section 53a-40. 146
197+(b) (1) Notwithstanding any provision of the general statutes, during 147
198+a major disaster or an emergency declaration by the President of the 148
199+United States covering any part of the state, or an emergency declaration 149
200+issued by the Governor, that shall include, but need not be limited to, 150
201+those declarations issued concerning the COVID-19 pandemic, any 151
202+other disease epidemic or public health emergency or a natural disaster, 152
203+the commissioner shall award public health emergency release credits 153
204+to any inmate described in subsection (a) of this section who is serving 154
205+a sentence of imprisonment during the time period covered by such 155
206+declaration toward a reduction of such inmate's term of imprisonment, 156
207+in an amount equal to one hundred twenty-two days per month for each 157
208+month such inmate is imprisoned during the period covered by such 158
209+declaration, the amount of which shall be reduced pro rata for any 159
210+month that did not fall entirely during the period covered by such 160
211+declaration. The commissioner shall not award more than two hundred 161
212+forty-four days' worth of credits to any such inmate during the time 162
213+period covered by any such declaration. 163
214+(2) For purposes of this subsection, "COVID-19" means the 164
215+respiratory disease designated by the World Health Organization on 165
216+February 11, 2020, as coronavirus 2019, and any related mutation thereof 166
217+recognized by said organization as a communicable respiratory disease. 167
218+(c) Any credit awarded under this section may only be awarded 168
219+during the period of time that the inmate is sentenced to a term of 169
220+imprisonment and committed to the custody of the commissioner and 170
221+may not be transferred or applied to a subsequent term of 171
222+imprisonment. In no event shall any credit awarded under this section 172
223+be applied so as to reduce a mandatory minimum term of imprisonment 173
224+such inmate is required to serve by statute. 174 Raised Bill No. 460
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231-Correction shall grant public health emergency release credits in 176
232-accordance with subsection (b) of this section to any inmate who is 177
233-serving a sentence of imprisonment whose scheduled release date is 178
234-within one year of the issuance of a declaration described in subsection 179
235-(b) of this section, except to an inmate who is sentenced for a violation 180
236-of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 181
237-53a-70c or 53a-100aa of the general statutes, or who is a persistent 182
238-dangerous felony offender or persistent dangerous sexual offender 183
239-pursuant to section 53a-40 of the general statutes. 184
240-(b) (1) Notwithstanding any provision of the general statutes, during 185
241-a major disaster or an emergency declaration by the President of the 186
242-United States covering any part of the state, or an emergency declaration 187
243-issued by the Governor, that shall include, but need not be limited to, 188
244-those declarations issued concerning the COVID-19 pandemic, any 189
245-other disease epidemic or public health emergency or a natural disaster, 190
246-the commissioner shall award public health emergency release credits 191
247-to any inmate described in subsection (a) of this section who is serving 192
248-a sentence of imprisonment during the time period covered by such 193
249-major disaster or declaration toward a reduction of such inmate's term 194
250-of imprisonment, in an amount equal to one hundred twenty-two days 195
251-per month for each month such inmate is imprisoned during the period 196
252-covered by such declaration, the amount of which shall be reduced pro 197
253-rata for any month that did not fall entirely during the period covered 198
254-by such declaration. The commissioner shall not award more than two 199
255-hundred forty-four days' worth of credits to any such inmate during the 200
256-time period covered by any such declaration. 201
257-(2) For purposes of this subsection, "COVID-19" means the 202
258-respiratory disease designated by the World Health Organization on 203
259-February 11, 2020, as coronavirus 2019, and any related mutation thereof 204
260-recognized by said organization as a communicable respiratory disease. 205
261-(c) Any credit awarded under this section may only be awarded 206
262-during the period of time that the inmate is sentenced to a term of 207
263-imprisonment and committed to the custody of the commissioner and 208 Substitute Bill No. 460
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270-may not be transferred or applied to a subsequent term of 209
271-imprisonment. In no event shall any credit awarded under this section 210
272-be applied so as to reduce a mandatory minimum term of imprisonment 211
273-such inmate is required to serve by statute. 212
274-(d) The provisions of this section shall not affect an inmate's eligibility 213
275-for any other form of parole or release provided by law. 214
230+(d) The provisions of this section shall not affect an inmate's eligibility 175
231+for any other form of parole or release provided by law. 176
276232 This act shall take effect as follows and shall amend the following
277233 sections:
278234
279235 Section 1 October 1, 2022 54-124a(e) and (f)
280236 Sec. 2 October 1, 2022 54-127
281237 Sec. 3 October 1, 2022 54-127a
282238 Sec. 4 October 1, 2022 54-128(a)
283-Sec. 5 October 1, 2022 54-129(a)
284-Sec. 6 October 1, 2022 54-131a
285-Sec. 7 October 1, 2022 54-131b
286-Sec. 8 October 1, 2022 54-131k
287-Sec. 9 October 1, 2022 New section
239+Sec. 5 October 1, 2022 54-131a
240+Sec. 6 October 1, 2022 54-131b
241+Sec. 7 October 1, 2022 54-131k
242+Sec. 8 October 1, 2022 New section
288243
289-JUD Joint Favorable Subst.
244+Statement of Purpose:
245+To create a release panel for determinations of medical and
246+compassionate release, modify standards used to determine when an
247+inmate may be eligible for compassionate parole release and establish a
248+system for credits to be awarded to inmates toward release from
249+imprisonment in the time of an emergency declaration.
250+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
251+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
252+underlined.]
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