10 | 16 | | |
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11 | 17 | | |
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12 | 18 | | |
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13 | 19 | | |
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14 | 20 | | AN ACT CONCERNING COMPASSIONATE OR MEDICAL PAROLE |
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15 | 21 | | AND CREDITS AWARDED FOR RELEASE DURING AN EMERGENCY |
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16 | 22 | | DECLARATION. |
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17 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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18 | 24 | | Assembly convened: |
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19 | 25 | | |
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20 | 26 | | Section 1. Subsections (e) and (f) of section 54-124a of the 2022 1 |
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21 | 27 | | supplement to the general statutes are repealed and the following is 2 |
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22 | 28 | | substituted in lieu thereof (Effective October 1, 2022): 3 |
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23 | 29 | | (e) (1) Each parole release panel, including any such panel for the 4 |
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24 | 30 | | purpose of compassionate parole release or medical parole release, shall 5 |
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25 | 31 | | be composed of three members, one of whom shall be the chairperson 6 |
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26 | 32 | | or a full-time member designated by the chairperson to serve 7 |
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27 | 33 | | temporarily as chairperson. 8 |
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28 | 34 | | (2) Each pardons panel shall be composed of three members, one of 9 |
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29 | 35 | | whom may be the chairperson, except that for hearings on 10 |
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30 | 36 | | commutations from the penalty of death, one member of the panel shall 11 |
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31 | 37 | | be the chairperson. 12 |
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42 | 47 | | chairperson to serve temporarily as chairperson. 17 |
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43 | 48 | | (f) The Board of Pardons and Paroles shall have independent 18 |
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44 | 49 | | decision-making authority to (1) grant or deny parole in accordance 19 |
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45 | 50 | | with sections 54-125, 54-125a, 54-125e and 54-125g, medical parole in 20 |
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46 | 51 | | accordance with the provisions of sections 54-131a to 54-131g, inclusive, 21 |
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47 | 52 | | as amended by this act, or compassionate parole in accordance with the 22 |
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48 | 53 | | provisions of section 54-131k, as amended by this act, (2) establish 23 |
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49 | 54 | | conditions of parole, medical parole, compassionate parole or special 24 |
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50 | 55 | | parole supervision in accordance with section 54-126, (3) rescind or 25 |
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51 | 56 | | revoke parole, medical parole, compassionate parole or special parole 26 |
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52 | 57 | | in accordance with sections 54-127, as amended by this act, and 54-128, 27 |
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53 | 58 | | as amended by this act, (4) grant commutations of punishment or 28 |
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54 | 59 | | releases, conditioned or absolute, in the case of any person convicted of 29 |
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55 | 60 | | any offense against the state and commutations from the penalty of 30 |
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56 | 61 | | death in accordance with section 54-130a, (5) discharge any person on 31 |
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57 | 62 | | parole, medical parole or compassionate parole or inmate eligible for 32 |
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58 | 63 | | parole from the custody of the Commissioner of Correction pursuant to 33 |
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80 | 84 | | All parole revocation and rescission hearings shall be conducted by 49 |
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81 | 85 | | an employee of the Board of Pardons and Paroles. The parole of a person 50 |
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82 | 86 | | who has been allowed to go on parole in accordance with subsection (a) 51 |
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83 | 87 | | of section 54-125a or section 54-125g, or sections 54-131a to 54-131g, 52 |
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84 | 88 | | inclusive, as amended by this act, or section 54-131k, as amended by this 53 |
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85 | 89 | | act, or who has been sentenced to a period of special parole in 54 |
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86 | 90 | | accordance with subdivision (9) of subsection (b) of section 53a-28, shall 55 |
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87 | 91 | | be revoked or rescinded if, after such hearing, the employee 56 |
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88 | 92 | | recommends such revocation or rescission and such recommendation is 57 |
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89 | 93 | | approved by at least two members of a panel of the board. 58 |
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90 | 94 | | Sec. 4. Subsection (a) of section 54-128 of the general statutes is 59 |
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91 | 95 | | repealed and the following is substituted in lieu thereof (Effective October 60 |
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92 | 96 | | 1, 2022): 61 |
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93 | 97 | | (a) Any paroled inmate, including an inmate allowed to go on parole 62 |
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94 | 98 | | pursuant to sections 54-131a to 54-131g, inclusive, as amended by this 63 |
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95 | 99 | | act, or section 54-131k, as amended by this act, who has been returned 64 |
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96 | 100 | | to any institution of the Department of Correction for violation of such 65 |
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97 | 101 | | inmate's parole may be retained in a correctional institution for a period 66 |
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98 | 102 | | equal to the unexpired portion of the term of such inmate's sentence at 67 |
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99 | 103 | | the date of the request or order for such inmate's return less any 68 |
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100 | 104 | | commutation or diminution of such inmate's sentence earned, except 69 |
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101 | 105 | | that the Board of Pardons and Paroles may, in its discretion, determine 70 |
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102 | 106 | | that such inmate shall forfeit any or all of such earned time, or may be 71 |
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103 | 107 | | again paroled by said board. 72 |
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104 | | - | Sec. 5. Subsection (a) of section 54-129 of the general statutes is 73 |
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105 | | - | repealed and the following is substituted in lieu thereof (Effective October 74 |
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106 | | - | 1, 2022): 75 |
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107 | | - | (a) If it appears to the appropriate panel of the Board of Pardons and 76 |
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108 | | - | Paroles that any person on parole, medical parole or compassionate 77 |
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109 | | - | parole or inmate eligible for parole, medical parole or compassionate 78 |
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110 | | - | parole or any person serving a period of special parole will lead an 79 |
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111 | | - | orderly life, the panel, by a unanimous vote, may (1) declare such person 80 Substitute Bill No. 460 |
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| 108 | + | Sec. 5. Section 54-131a of the general statutes is repealed and the 73 |
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| 109 | + | following is substituted in lieu thereof (Effective October 1, 2022): 74 |
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| 110 | + | [The] A panel of the Board of Pardons and Paroles may determine, in 75 |
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| 111 | + | accordance with sections 54-131a to 54-131g, inclusive, as amended by 76 |
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| 112 | + | this act, when and under what conditions an inmate serving any 77 |
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| 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 |
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119 | | - | from the custody of the Commissioner of Correction, or (2) at any time 82 |
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120 | | - | during such person's period of special parole, terminate such period, 83 |
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121 | | - | without a court order, before such person completes such period. 84 |
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122 | | - | Sec. 6. Section 54-131a of the general statutes is repealed and the 85 |
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123 | | - | following is substituted in lieu thereof (Effective October 1, 2022): 86 |
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124 | | - | [The] A panel of the Board of Pardons and Paroles may determine, in 87 |
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125 | | - | accordance with sections 54-131a to 54-131g, inclusive, as amended by 88 |
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126 | | - | this act, when and under what conditions an inmate serving any 89 |
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127 | | - | sentence of imprisonment may be released on medical parole. 90 |
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128 | | - | Sec. 7. Section 54-131b of the general statutes is repealed and the 91 |
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129 | | - | following is substituted in lieu thereof (Effective October 1, 2022): 92 |
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130 | | - | [The] A panel of the Board of Pardons and Paroles may release on 93 |
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131 | | - | medical parole any inmate serving any sentence of imprisonment, 94 |
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132 | | - | except an inmate convicted of a capital felony under the provisions of 95 |
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133 | | - | section 53a-54b in effect prior to April 25, 2012, or murder with special 96 |
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134 | | - | circumstances under the provisions of section 53a-54b in effect on or 97 |
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135 | | - | after April 25, 2012, who has been diagnosed pursuant to section 54-131c 98 |
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136 | | - | as suffering from a terminal condition, disease or syndrome, and is so 99 |
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137 | | - | debilitated or incapacitated by such condition, disease or syndrome as 100 |
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138 | | - | to be physically incapable of presenting a danger to society. 101 |
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139 | | - | Notwithstanding any provision of the general statutes to the contrary, 102 |
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140 | | - | the Board of Pardons and Paroles may release such inmate at any time 103 |
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141 | | - | during the term of such inmate's sentence. 104 |
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142 | | - | Sec. 8. Section 54-131k of the general statutes is repealed and the 105 |
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143 | | - | following is substituted in lieu thereof (Effective October 1, 2022): 106 |
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144 | | - | (a) The Board of Pardons and Paroles may grant a compassionate 107 |
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145 | | - | parole release to any inmate serving any sentence of imprisonment, 108 |
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146 | | - | except an inmate convicted of a capital felony under the provisions of 109 |
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147 | | - | section 53a-54b in effect prior to April 25, 2012, or murder with special 110 |
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148 | | - | circumstances under the provisions of section 53a-54b in effect on or 111 Substitute Bill No. 460 |
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| 117 | + | LCO No. 3572 4 of 7 |
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| 118 | + | |
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| 119 | + | Sec. 6. Section 54-131b of the general statutes is repealed and the 79 |
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| 120 | + | following is substituted in lieu thereof (Effective October 1, 2022): 80 |
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| 121 | + | [The] A panel of the Board of Pardons and Paroles may release on 81 |
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| 122 | + | medical parole any inmate serving any sentence of imprisonment, 82 |
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| 123 | + | except an inmate convicted of a capital felony under the provisions of 83 |
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| 124 | + | section 53a-54b in effect prior to April 25, 2012, or murder with special 84 |
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| 125 | + | circumstances under the provisions of section 53a-54b in effect on or 85 |
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| 126 | + | after April 25, 2012, who has been diagnosed pursuant to section 54-131c 86 |
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| 127 | + | as suffering from a terminal condition, disease or syndrome, and is so 87 |
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| 128 | + | debilitated or incapacitated by such condition, disease or syndrome as 88 |
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| 129 | + | to be physically incapable of presenting a danger to society. 89 |
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| 130 | + | Notwithstanding any provision of the general statutes to the contrary, 90 |
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| 131 | + | the Board of Pardons and Paroles may release such inmate at any time 91 |
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| 132 | + | during the term of such inmate's sentence. 92 |
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| 133 | + | Sec. 7. Section 54-131k of the general statutes is repealed and the 93 |
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| 134 | + | following is substituted in lieu thereof (Effective October 1, 2022): 94 |
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| 135 | + | (a) The Board of Pardons and Paroles may grant a compassionate 95 |
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| 136 | + | parole release to any inmate serving any sentence of imprisonment, 96 |
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| 137 | + | except an inmate convicted of a capital felony under the provisions of 97 |
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| 138 | + | section 53a-54b in effect prior to April 25, 2012, or murder with special 98 |
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| 139 | + | circumstances under the provisions of section 53a-54b in effect on or 99 |
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| 140 | + | after April 25, 2012, if [it] the panel finds that such inmate (1) is so 100 |
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| 141 | + | physically or mentally debilitated, incapacitated or infirm as a result of 101 |
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| 142 | + | advanced age or as a result of a condition, disease or syndrome that is 102 |
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| 143 | + | not terminal as to [be physically incapable of presenting a] present a 103 |
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| 144 | + | significantly reduced risk of danger to society, and (2) (A) has served 104 |
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| 145 | + | not less than one-half of such inmate's definite or aggregate sentence, or 105 |
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| 146 | + | (B) has served not less than one-half of such inmate's remaining definite 106 |
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| 147 | + | or aggregate sentence after commutation of the original sentence by the 107 |
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| 148 | + | Board of Pardons and Paroles. 108 |
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| 149 | + | (b) (1) During a major disaster or an emergency declaration by the 109 |
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| 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 |
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156 | | - | physically or mentally debilitated, incapacitated or infirm as a result of 113 |
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157 | | - | advanced age or as a result of a condition, disease or syndrome that is 114 |
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158 | | - | not terminal as to [be physically incapable of presenting a] present a 115 |
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159 | | - | significantly reduced risk of danger to society, and (2) (A) has served 116 |
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160 | | - | not less than one-half of such inmate's definite or aggregate sentence, or 117 |
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161 | | - | (B) has served not less than one-half of such inmate's remaining definite 118 |
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162 | | - | or aggregate sentence after commutation of the original sentence by the 119 |
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163 | | - | Board of Pardons and Paroles. 120 |
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164 | | - | (b) (1) During a major disaster or an emergency declaration by the 121 |
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165 | | - | President of the United States covering any part of the state, or an 122 |
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166 | | - | emergency declaration issued by the Governor, that shall include, but 123 |
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167 | | - | need not be limited to, those declarations issued concerning the COVID-124 |
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168 | | - | 19 pandemic, any other disease epidemic or public health emergency or 125 |
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169 | | - | a natural disaster, a panel of the Board of Pardons and Paroles may grant 126 |
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170 | | - | a compassionate parole release to any inmate serving any sentence of 127 |
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171 | | - | imprisonment, except an inmate convicted of a capital felony under the 128 |
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172 | | - | provisions of section 53a-54b in effect prior to April 25, 2012, or murder 129 |
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173 | | - | with special circumstances under the provisions of section 53a-54b in 130 |
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174 | | - | effect on or after April 25, 2012, at any time during the term of such 131 |
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175 | | - | inmate's sentence, if the panel finds (A) circumstances exist which pose 132 |
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176 | | - | a higher risk of harm to such inmate should such inmate remain 133 |
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177 | | - | confined, and (B) such inmate presents a reduced risk of presenting any 134 |
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178 | | - | danger to society. 135 |
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179 | | - | (2) For purposes of this subsection, "COVID-19" means the 136 |
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180 | | - | respiratory disease designated by the World Health Organization on 137 |
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181 | | - | February 11, 2020, as coronavirus 2019, and any related mutation thereof 138 |
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182 | | - | recognized by said organization as a communicable respiratory disease. 139 |
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183 | | - | (3) Any person granted a compassionate parole release pursuant to 140 |
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184 | | - | this subsection shall, upon expiration or termination of the major 141 |
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185 | | - | disaster or emergency declaration, be ordered to appear before the 142 |
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186 | | - | Board of Pardons of Paroles or any special panel thereof appointed 143 |
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187 | | - | pursuant to this section not later than twenty days after such expiration 144 Substitute Bill No. 460 |
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| 154 | + | LCO No. 3572 5 of 7 |
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| 155 | + | |
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| 156 | + | emergency declaration issued by the Governor, that shall include, but 111 |
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| 157 | + | need not be limited to, those declarations issued concerning the COVID-112 |
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| 158 | + | 19 pandemic, any other disease epidemic or public health emergency or 113 |
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| 159 | + | a natural disaster, a panel of the Board of Pardons and Paroles may grant 114 |
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| 160 | + | a compassionate parole release to any inmate serving any sentence of 115 |
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| 161 | + | imprisonment, except an inmate convicted of a capital felony under the 116 |
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| 162 | + | provisions of section 53a-54b in effect prior to April 25, 2012, or murder 117 |
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| 163 | + | with special circumstances under the provisions of section 53a-54b in 118 |
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| 164 | + | effect on or after April 25, 2012, at any time during the term of such 119 |
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| 165 | + | inmate's sentence, if the panel finds circumstances exist which pose a 120 |
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| 166 | + | higher risk of harm to such inmate should he or she remain confined. 121 |
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| 167 | + | (2) For purposes of this subsection, "COVID-19" means the 122 |
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| 168 | + | respiratory disease designated by the World Health Organization on 123 |
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| 169 | + | February 11, 2020, as coronavirus 2019, and any related mutation thereof 124 |
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| 170 | + | recognized by said organization as a communicable respiratory disease. 125 |
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| 171 | + | [(b)] (c) Any person granted a compassionate parole release pursuant 126 |
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| 172 | + | to this section shall be released subject to such terms and conditions as 127 |
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| 173 | + | may be established by the Board of Pardons and Paroles and [shall be 128 |
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| 174 | + | supervised by the Department of Correction] the rules and regulations 129 |
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| 175 | + | established pursuant to section 54-126. 130 |
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| 176 | + | (d) The chairperson of the Board of Pardons and Paroles may appoint 131 |
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| 177 | + | a special panel to implement the provisions of this section and review 132 |
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| 178 | + | and decide requests for compassionate parole under this section on an 133 |
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| 179 | + | emergency basis, and in all cases shall act in as expeditious a manner as 134 |
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| 180 | + | possible. 135 |
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| 181 | + | (e) The provisions of this section shall not affect an inmate's eligibility 136 |
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| 182 | + | for any other form of parole or release provided by law. 137 |
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| 183 | + | Sec. 8. (NEW) (Effective October 1, 2022) (a) The Commissioner of 138 |
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| 184 | + | Correction shall grant public health emergency release credits in 139 |
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| 185 | + | accordance with subsection (b) of this section to any inmate who is 140 |
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| 186 | + | serving a sentence of imprisonment whose scheduled release date is 141 |
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| 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 |
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195 | | - | release shall be revoked, continued or modified. The Board of Pardons 146 |
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196 | | - | of Paroles or any special panel thereof shall revoke a compassionate 147 |
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197 | | - | parole release if the Board or panel finds (A) the risk of harm to such 148 |
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198 | | - | person should such person be confined is no longer higher than prior to 149 |
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199 | | - | the major disaster or emergency declaration, and (B) returning such 150 |
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200 | | - | person to confinement is in the best interest of public safety. 151 |
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201 | | - | [(b)] (c) Any person granted a compassionate parole release pursuant 152 |
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202 | | - | to this section shall be released subject to such terms and conditions as 153 |
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203 | | - | may be established by the Board of Pardons and Paroles and [shall be 154 |
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204 | | - | supervised by the Department of Correction] the rules and regulations 155 |
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205 | | - | established pursuant to section 54-126. 156 |
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206 | | - | (d) The chairperson of the Board of Pardons and Paroles may appoint 157 |
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207 | | - | a special panel to implement the provisions of this section and review 158 |
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208 | | - | and decide requests for compassionate parole under this section on an 159 |
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209 | | - | emergency basis, and in all cases shall act in as expeditious a manner as 160 |
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210 | | - | possible. 161 |
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211 | | - | (e) The provisions of this section shall not affect an inmate's eligibility 162 |
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212 | | - | for any other form of parole or release provided by law. 163 |
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213 | | - | (f) Not later than October 1, 2023, and annually thereafter, the Board 164 |
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214 | | - | of Pardons and Paroles shall report, in accordance with the provisions 165 |
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215 | | - | of section 11-4a, to the joint standing committee of the General 166 |
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216 | | - | Assembly having cognizance of matters relating to the judiciary (1) the 167 |
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217 | | - | number of persons granted compassionate parole release in the prior 168 |
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218 | | - | year, (2) the number of such persons released who have been arrested 169 |
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219 | | - | in the prior year, (3) the number of such persons released who have been 170 |
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220 | | - | ordered reconfined based upon violations of the terms or conditions of 171 |
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221 | | - | compassionate parole release in the prior year, and (4) the number of 172 |
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222 | | - | such persons released who have been sentenced to confinement 173 |
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223 | | - | pursuant to a separate and unrelated offense. 174 |
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224 | | - | Sec. 9. (NEW) (Effective October 1, 2022) (a) The Commissioner of 175 Substitute Bill No. 460 |
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| 191 | + | LCO No. 3572 6 of 7 |
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| 192 | + | |
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| 193 | + | (b) of this section, except to an inmate who is sentenced for a violation 143 |
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| 194 | + | of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 144 |
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| 195 | + | 53a-70c or 53a-100aa, or who is a persistent dangerous felony offender 145 |
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| 196 | + | or persistent dangerous sexual offender pursuant to section 53a-40. 146 |
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| 197 | + | (b) (1) Notwithstanding any provision of the general statutes, during 147 |
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| 198 | + | a major disaster or an emergency declaration by the President of the 148 |
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| 199 | + | United States covering any part of the state, or an emergency declaration 149 |
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| 200 | + | issued by the Governor, that shall include, but need not be limited to, 150 |
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| 201 | + | those declarations issued concerning the COVID-19 pandemic, any 151 |
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| 202 | + | other disease epidemic or public health emergency or a natural disaster, 152 |
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| 203 | + | the commissioner shall award public health emergency release credits 153 |
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| 204 | + | to any inmate described in subsection (a) of this section who is serving 154 |
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| 205 | + | a sentence of imprisonment during the time period covered by such 155 |
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| 206 | + | declaration toward a reduction of such inmate's term of imprisonment, 156 |
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| 207 | + | in an amount equal to one hundred twenty-two days per month for each 157 |
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| 208 | + | month such inmate is imprisoned during the period covered by such 158 |
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| 209 | + | declaration, the amount of which shall be reduced pro rata for any 159 |
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| 210 | + | month that did not fall entirely during the period covered by such 160 |
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| 211 | + | declaration. The commissioner shall not award more than two hundred 161 |
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| 212 | + | forty-four days' worth of credits to any such inmate during the time 162 |
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| 213 | + | period covered by any such declaration. 163 |
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| 214 | + | (2) For purposes of this subsection, "COVID-19" means the 164 |
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| 215 | + | respiratory disease designated by the World Health Organization on 165 |
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| 216 | + | February 11, 2020, as coronavirus 2019, and any related mutation thereof 166 |
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| 217 | + | recognized by said organization as a communicable respiratory disease. 167 |
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| 218 | + | (c) Any credit awarded under this section may only be awarded 168 |
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| 219 | + | during the period of time that the inmate is sentenced to a term of 169 |
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| 220 | + | imprisonment and committed to the custody of the commissioner and 170 |
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| 221 | + | may not be transferred or applied to a subsequent term of 171 |
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| 222 | + | imprisonment. In no event shall any credit awarded under this section 172 |
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| 223 | + | be applied so as to reduce a mandatory minimum term of imprisonment 173 |
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| 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 |
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232 | | - | accordance with subsection (b) of this section to any inmate who is 177 |
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233 | | - | serving a sentence of imprisonment whose scheduled release date is 178 |
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234 | | - | within one year of the issuance of a declaration described in subsection 179 |
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235 | | - | (b) of this section, except to an inmate who is sentenced for a violation 180 |
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236 | | - | of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 181 |
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237 | | - | 53a-70c or 53a-100aa of the general statutes, or who is a persistent 182 |
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238 | | - | dangerous felony offender or persistent dangerous sexual offender 183 |
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239 | | - | pursuant to section 53a-40 of the general statutes. 184 |
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240 | | - | (b) (1) Notwithstanding any provision of the general statutes, during 185 |
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241 | | - | a major disaster or an emergency declaration by the President of the 186 |
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242 | | - | United States covering any part of the state, or an emergency declaration 187 |
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243 | | - | issued by the Governor, that shall include, but need not be limited to, 188 |
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244 | | - | those declarations issued concerning the COVID-19 pandemic, any 189 |
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245 | | - | other disease epidemic or public health emergency or a natural disaster, 190 |
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246 | | - | the commissioner shall award public health emergency release credits 191 |
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247 | | - | to any inmate described in subsection (a) of this section who is serving 192 |
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248 | | - | a sentence of imprisonment during the time period covered by such 193 |
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249 | | - | major disaster or declaration toward a reduction of such inmate's term 194 |
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250 | | - | of imprisonment, in an amount equal to one hundred twenty-two days 195 |
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251 | | - | per month for each month such inmate is imprisoned during the period 196 |
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252 | | - | covered by such declaration, the amount of which shall be reduced pro 197 |
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253 | | - | rata for any month that did not fall entirely during the period covered 198 |
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254 | | - | by such declaration. The commissioner shall not award more than two 199 |
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255 | | - | hundred forty-four days' worth of credits to any such inmate during the 200 |
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256 | | - | time period covered by any such declaration. 201 |
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257 | | - | (2) For purposes of this subsection, "COVID-19" means the 202 |
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258 | | - | respiratory disease designated by the World Health Organization on 203 |
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259 | | - | February 11, 2020, as coronavirus 2019, and any related mutation thereof 204 |
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260 | | - | recognized by said organization as a communicable respiratory disease. 205 |
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261 | | - | (c) Any credit awarded under this section may only be awarded 206 |
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262 | | - | during the period of time that the inmate is sentenced to a term of 207 |
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263 | | - | imprisonment and committed to the custody of the commissioner and 208 Substitute Bill No. 460 |
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| 228 | + | LCO No. 3572 7 of 7 |
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