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General Assembly Raised Bill No. 6738
January Session, 2023
LCO No. 4410
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 general 1
statutes are repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2023): 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. 6738
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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 or special parole in accordance with sections 54-127, as 26
amended by this act, and 54-128, as amended by this act, (4) grant 27
commutations of punishment or releases, conditioned or absolute, in the 28
case of any person convicted of any offense against the state and 29
commutations from the penalty of death in accordance with section 54-30
130a, (5) discharge any person on parole, medical parole or 31
compassionate parole or inmate eligible for parole from the custody of 32
the Commissioner of Correction pursuant to section 54-129, as amended 33
by this act, and (6) terminate special parole in accordance with section 34
54-129, as amended by this act. 35
Sec. 2. Section 54-127 of the general statutes is repealed and the 36
following is substituted in lieu thereof (Effective October 1, 2023): 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. 6738
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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, 2023): 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, 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, 2023): 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. Subsection (a) of section 54-129 of the general statutes is 73
repealed and the following is substituted in lieu thereof (Effective October 74
1, 2023): 75
(a) If it appears to the appropriate panel of the Board of Pardons and 76
Paroles that any person on parole, medical parole or compassionate 77
parole or inmate eligible for parole, medical parole or compassionate 78 Raised Bill No. 6738
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parole or any person serving a period of special parole will lead an 79
orderly life, the panel, by a unanimous vote, may (1) declare such person 80
on parole, medical parole or compassionate parole or inmate discharged 81
from the custody of the Commissioner of Correction, or (2) at any time 82
during such person's period of special parole, terminate such period, 83
without a court order, before such person completes such period. 84
Sec. 6. Section 54-131a of the general statutes is repealed and the 85
following is substituted in lieu thereof (Effective October 1, 2023): 86
[The] A panel of the Board of Pardons and Paroles may determine, in 87
accordance with sections 54-131a to 54-131g, inclusive, as amended by 88
this act, when and under what conditions an inmate serving any 89
sentence of imprisonment may be released on medical parole. 90
Sec. 7. Section 54-131b of the general statutes is repealed and the 91
following is substituted in lieu thereof (Effective October 1, 2023): 92
[The] A panel of the Board of Pardons and Paroles may release on 93
medical parole any inmate serving any sentence of imprisonment, 94
except an inmate convicted of a capital felony under the provisions of 95
section 53a-54b in effect prior to April 25, 2012, or murder with special 96
circumstances under the provisions of section 53a-54b in effect on or 97
after April 25, 2012, who has been diagnosed pursuant to section 54-131c 98
as suffering from a terminal condition, disease or syndrome, and is so 99
debilitated or incapacitated by such condition, disease or syndrome as 100
to be physically incapable of presenting a danger to society. 101
Notwithstanding any provision of the general statutes to the contrary, 102
the Board of Pardons and Paroles may release such inmate at any time 103
during the term of such inmate's sentence. 104
Sec. 8. Section 54-131k of the general statutes is repealed and the 105
following is substituted in lieu thereof (Effective October 1, 2023): 106
(a) The Board of Pardons and Paroles may grant a compassionate 107
parole release to any inmate serving any sentence of imprisonment, 108
except an inmate convicted of a capital felony under the provisions of 109 Raised Bill No. 6738
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section 53a-54b in effect prior to April 25, 2012, or murder with special 110
circumstances under the provisions of section 53a-54b in effect on or 111
after April 25, 2012, if [it] the panel finds that such inmate (1) is so 112
physically or mentally debilitated, incapacitated or infirm as a result of 113
advanced age or as a result of a condition, disease or syndrome that is 114
not terminal as to [be physically incapable of presenting a] present a 115
significantly reduced risk of danger to society, and (2) (A) has served 116
not less than one-half of such inmate's definite or aggregate sentence, or 117
(B) has served not less than one-half of such inmate's remaining definite 118
or aggregate sentence after commutation of the original sentence by the 119
Board of Pardons and Paroles. 120
(b) (1) During a major disaster or an emergency declaration by the 121
President of the United States covering any part of the state, or an 122
emergency declaration issued by the Governor, that shall include, but 123
need not be limited to, those declarations issued concerning the COVID-124
19 pandemic, any other disease epidemic or public health emergency or 125
a natural disaster, a panel of the Board of Pardons and Paroles may grant 126
a compassionate parole release to any inmate serving any sentence of 127
imprisonment, except an inmate convicted of a capital felony under the 128
provisions of section 53a-54b in effect prior to April 25, 2012, or murder 129
with special circumstances under the provisions of section 53a-54b in 130
effect on or after April 25, 2012, at any time during the term of such 131
inmate's sentence, if the panel finds (A) circumstances exist which pose 132
a higher risk of harm to such inmate should such inmate remain 133
confined, and (B) such inmate presents a reduced risk of presenting any 134
danger to society. 135
(2) For purposes of this subsection, "COVID-19" means the 136
respiratory disease designated by the World Health Organization on 137
February 11, 2020, as coronavirus 2019, and any related mutation thereof 138
recognized by said organization as a communicable respiratory disease. 139
(3) Any person granted a compassionate parole release pursuant to 140
this subsection shall, upon expiration or termination of the major 141
disaster or emergency declaration, be ordered to appear before the 142 Raised Bill No. 6738
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Board of Pardons of Paroles or any special panel thereof appointed 143
pursuant to this section not later than twenty days after such expiration 144
or termination for a hearing as to whether such compassionate parole 145
release shall be revoked, continued or modified. The Board of Pardons 146
of Paroles or any special panel thereof shall revoke a compassionate 147
parole release if the board or panel finds (A) the risk of harm to such 148
person should such person be confined is no longer higher than prior to 149
the major disaster or emergency declaration, and (B) returning such 150
person to confinement is in the best interest of public safety. 151
[(b)] (c) Any person granted a compassionate parole release pursuant 152
to this section shall be released subject to such terms and conditions as 153
may be established by the Board of Pardons and Paroles and [shall be 154
supervised by the Department of Correction] the rules and regulations 155
established pursuant to section 54-126. 156
(d) The chairperson of the Board of Pardons and Paroles may appoint 157
a special panel to implement the provisions of this section and review 158
and decide requests for compassionate parole under this section on an 159
emergency basis, and in all cases shall act in as expeditious a manner as 160
possible. 161
(e) The provisions of this section shall not affect an inmate's eligibility 162
for any other form of parole or release provided by law. 163
(f) Not later than October 1, 2024, and annually thereafter, the Board 164
of Pardons and Paroles shall report, in accordance with the provisions 165
of section 11-4a, to the joint standing committee of the General 166
Assembly having cognizance of matters relating to the judiciary (1) the 167
number of persons granted compassionate parole release in the prior 168
year, (2) the number of such persons released who have been arrested 169
in the prior year, (3) the number of such persons released who have been 170
ordered reconfined based upon violations of the terms or conditions of 171
compassionate parole release in the prior year, and (4) the number of 172
such persons released who have been sentenced to confinement 173
pursuant to a separate and unrelated offense. 174 Raised Bill No. 6738
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Sec. 9. (NEW) (Effective October 1, 2023) (a) The Commissioner of 175
Correction shall grant public health emergency release credits in 176
accordance with subsection (b) of this section to any inmate who is 177
serving a sentence of imprisonment whose scheduled release date is 178
within one year of the issuance of a declaration described in subsection 179
(b) of this section, except to an inmate who is sentenced for a violation 180
of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 181
53a-70c or 53a-100aa of the general statutes, or who is a persistent 182
dangerous felony offender or persistent dangerous sexual offender 183
pursuant to section 53a-40 of the general statutes. 184
(b) (1) Notwithstanding any provision of the general statutes, during 185
a major disaster or an emergency declaration by the President of the 186
United States covering any part of the state, or an emergency declaration 187
issued by the Governor, that shall include, but need not be limited to, 188
those declarations issued concerning the COVID-19 pandemic, any 189
other disease epidemic or public health emergency or a natural disaster, 190
the commissioner shall award public health emergency release credits 191
to any inmate described in subsection (a) of this section who is serving 192
a sentence of imprisonment during the time period covered by such 193
major disaster or declaration toward a reduction of such inmate's term 194
of imprisonment, in an amount equal to one hundred twenty-two days 195
per month for each month such inmate is imprisoned during the period 196
covered by such declaration, the amount of which shall be reduced pro 197
rata for any month that did not fall entirely during the period covered 198
by such declaration. The commissioner shall not award more than two 199
hundred forty-four days' worth of credits to any such inmate during the 200
time period covered by any such declaration. 201
(2) For purposes of this subsection, "COVID-19" means the 202
respiratory disease designated by the World Health Organization on 203
February 11, 2020, as coronavirus 2019, and any related mutation thereof 204
recognized by said organization as a communicable respiratory disease. 205
(c) Any credit awarded under this section may only be awarded 206
during the period of time that the inmate is sentenced to a term of 207 Raised Bill No. 6738
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imprisonment and committed to the custody of the commissioner and 208
may not be transferred or applied to a subsequent term of 209
imprisonment. In no event shall any credit awarded under this section 210
be applied so as to reduce a mandatory minimum term of imprisonment 211
such inmate is required to serve by statute. 212
(d) The provisions of this section shall not affect an inmate's eligibility 213
for any other form of parole or release provided by law. 214
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 54-124a(e) and (f)
Sec. 2 October 1, 2023 54-127
Sec. 3 October 1, 2023 54-127a
Sec. 4 October 1, 2023 54-128(a)
Sec. 5 October 1, 2023 54-129(a)
Sec. 6 October 1, 2023 54-131a
Sec. 7 October 1, 2023 54-131b
Sec. 8 October 1, 2023 54-131k
Sec. 9 October 1, 2023 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.]