Connecticut 2023 Regular Session

Connecticut House Bill HB06738 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 6738
	5	+	General Assembly Raised Bill No. 6738
8	6		January Session, 2023
	7	+	LCO No. 4410
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	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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12	19		AN ACT CONCERNING COMPASSIONATE OR MEDICAL PAROLE
13	20		AND CREDITS AWARDED FOR RELEASE DURING AN EMERGENCY
14	21		DECLARATION.
15	22		Be it enacted by the Senate and House of Representatives in General
16	23		Assembly convened:
17	24
18	25		Section 1. Subsections (e) and (f) of section 54-124a of the general 1
19	26		statutes are repealed and the following is substituted in lieu thereof 2
20	27		(Effective October 1, 2023): 3
21	28		(e) (1) Each parole release panel, including any such panel for the 4
22		-	purpose of compassionate parole release or medical parole release, 5
23		-	~~shall~~ be composed of three members, one of whom shall be the 6
24		-	~~chairperson~~ or a full-time member designated by the chairperson to 7
25		-	~~serve~~ temporarily as chairperson. 8
	29	+	purpose of compassionate parole release or medical parole release, shall 5
	30	+	be composed of three members, one of whom shall be the chairperson 6
	31	+	or a full-time member designated by the chairperson to serve 7
	32	+	temporarily as chairperson. 8
26	33		(2) Each pardons panel shall be composed of three members, one of 9
27	34		whom may be the chairperson, except that for hearings on 10
28		-	commutations from the penalty of death, one member of the panel 11
29		-	shall be the chairperson. 12
30		-	(3) Each panel that discharges persons on parole from the custody of 13
31		-	the Commissioner of Correction or that terminates the period of 14
32		-	special parole for persons shall be composed of three members, one of 15
33		-	whom shall be the chairperson or a full-time member designated by 16
34		-	the chairperson to serve temporarily as chairperson. 17 Substitute Bill No. 6738
	35	+	commutations from the penalty of death, one member of the panel shall 11
	36	+	be the chairperson. 12
	37	+	(3) Each panel that discharges persons on parole from the custody of 13 Raised Bill No. 6738
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	42	+
	43	+	the Commissioner of Correction or that terminates the period of special 14
	44	+	parole for persons shall be composed of three members, one of whom 15
	45	+	shall be the chairperson or a full-time member designated by the 16
	46	+	chairperson to serve temporarily as chairperson. 17
41	47		(f) The Board of Pardons and Paroles shall have independent 18
42	48		decision-making authority to (1) grant or deny parole in accordance 19
43	49		with sections 54-125, 54-125a, 54-125e and 54-125g, medical parole in 20
44		-	accordance with the provisions of sections 54-131a to 54-131g, 21
45		-	~~inclusive,~~ as amended by this act, or compassionate parole in 22
46		-	~~accordance with the~~ provisions of section 54-131k, as amended by this 23
47		-	~~act, (2) establish~~ conditions of parole, medical parole, compassionate 24
48		-	~~parole or special~~ parole supervision in accordance with section 54-126, 25
49		-	~~(3) rescind or~~ revoke parole or special parole in accordance with 26
50		-	~~sections 54-127, as~~ amended by this act, and 54-128, as amended by this 27
51		-	~~act, (4) grant~~ commutations of punishment or releases, conditioned or 28
52		-	~~absolute, in the~~ case of any person convicted of any offense against the 29
53		-	~~state and~~ commutations from the penalty of death in accordance with 30
54		-	~~section 54-~~130a, (5) discharge any person on parole, medical parole or 31
	50	+	accordance with the provisions of sections 54-131a to 54-131g, inclusive, 21
	51	+	as amended by this act, or compassionate parole in accordance with the 22
	52	+	provisions of section 54-131k, as amended by this act, (2) establish 23
	53	+	conditions of parole, medical parole, compassionate parole or special 24
	54	+	parole supervision in accordance with section 54-126, (3) rescind or 25
	55	+	revoke parole or special parole in accordance with sections 54-127, as 26
	56	+	amended by this act, and 54-128, as amended by this act, (4) grant 27
	57	+	commutations of punishment or releases, conditioned or absolute, in the 28
	58	+	case of any person convicted of any offense against the state and 29
	59	+	commutations from the penalty of death in accordance with section 54-30
	60	+	130a, (5) discharge any person on parole, medical parole or 31
55	61		compassionate parole or inmate eligible for parole from the custody of 32
56		-	the Commissioner of Correction pursuant to section 54-129, as 33
57		-	~~amended~~ by this act, and (6) terminate special parole in accordance 34
58		-	~~with section~~ 54-129, as amended by this act. 35
	62	+	the Commissioner of Correction pursuant to section 54-129, as amended 33
	63	+	by this act, and (6) terminate special parole in accordance with section 34
	64	+	54-129, as amended by this act. 35
59	65		Sec. 2. Section 54-127 of the general statutes is repealed and the 36
60	66		following is substituted in lieu thereof (Effective October 1, 2023): 37
61	67		The request of the Commissioner of Correction or any officer of the 38
62	68		Department of Correction so designated by the commissioner, or of the 39
63		-	Board of Pardons and Paroles or its chairman shall be sufficient 40
64		-	warrant to authorize any officer of the Department of Correction or 41
65		-	any officer authorized by law to serve criminal process within this 42
66		-	state, to return any convict or inmate on parole, medical parole or 43
67		-	compassionate parole into actual custody; and any such officer, police 44
68		-	officer, constable or state marshal shall arrest and hold any parolee or 45
69		-	inmate when so requested, without any written warrant. 46
	69	+	Board of Pardons and Paroles or its chairman shall be sufficient warrant 40
	70	+	to authorize any officer of the Department of Correction or any officer 41
	71	+	authorized by law to serve criminal process within this state, to return 42
	72	+	any convict or inmate on parole, medical parole or compassionate 43
	73	+	parole into actual custody; and any such officer, police officer, constable 44
	74	+	or state marshal shall arrest and hold any parolee or inmate when so 45
	75	+	requested, without any written warrant. 46 Raised Bill No. 6738
	76	+
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70	81		Sec. 3. Section 54-127a of the general statutes is repealed and the 47
71	82		following is substituted in lieu thereof (Effective October 1, 2023): 48
72		-	All parole revocation and rescission hearings shall be conducted by 49 Substitute Bill No. 6738
	83	+	All parole revocation and rescission hearings shall be conducted by 49
	84	+	an employee of the Board of Pardons and Paroles. The parole of a person 50
	85	+	who has been allowed to go on parole in accordance with subsection (a) 51
	86	+	of section 54-125a, [or] section 54-125g, sections 54-131a to 54-131g, 52
	87	+	inclusive, as amended by this act, or section 54-131k, as amended by this 53
	88	+	act, or who has been sentenced to a period of special parole in 54
	89	+	accordance with subdivision (9) of subsection (b) of section 53a-28, shall 55
	90	+	be revoked or rescinded if, after such hearing, the employee 56
	91	+	recommends such revocation or rescission and such recommendation is 57
	92	+	approved by at least two members of a panel of the board. 58
	93	+	Sec. 4. Subsection (a) of section 54-128 of the general statutes is 59
	94	+	repealed and the following is substituted in lieu thereof (Effective October 60
	95	+	1, 2023): 61
	96	+	(a) Any paroled inmate, including an inmate allowed to go on parole 62
	97	+	pursuant to sections 54-131a to 54-131g, inclusive, as amended by this 63
	98	+	act, or section 54-131k, as amended by this act, who has been returned 64
	99	+	to any institution of the Department of Correction for violation of such 65
	100	+	inmate's parole may be retained in a correctional institution for a period 66
	101	+	equal to the unexpired portion of the term of such inmate's sentence at 67
	102	+	the date of the request or order for such inmate's return less any 68
	103	+	commutation or diminution of such inmate's sentence earned, except 69
	104	+	that the Board of Pardons and Paroles may, in its discretion, determine 70
	105	+	that such inmate shall forfeit any or all of such earned time, or may be 71
	106	+	again paroled by said board. 72
	107	+	Sec. 5. Subsection (a) of section 54-129 of the general statutes is 73
	108	+	repealed and the following is substituted in lieu thereof (Effective October 74
	109	+	1, 2023): 75
	110	+	(a) If it appears to the appropriate panel of the Board of Pardons and 76
	111	+	Paroles that any person on parole, medical parole or compassionate 77
	112	+	parole or inmate eligible for parole, medical parole or compassionate 78 Raised Bill No. 6738
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79		-	an employee of the Board of Pardons and Paroles. The parole of a 50
80		-	person who has been allowed to go on parole in accordance with 51
81		-	subsection (a) of section 54-125a, [or] section 54-125g, sections 54-131a 52
82		-	to 54-131g, inclusive, as amended by this act, or section 54-131k, as 53
83		-	amended by this act, or who has been sentenced to a period of special 54
84		-	parole in accordance with subdivision (9) of subsection (b) of section 55
85		-	53a-28, shall be revoked or rescinded if, after such hearing, the 56
86		-	employee recommends such revocation or rescission and such 57
87		-	recommendation is approved by at least two members of a panel of the 58
88		-	board. 59
89		-	Sec. 4. Subsection (a) of section 54-128 of the general statutes is 60
90		-	repealed and the following is substituted in lieu thereof (Effective 61
91		-	October 1, 2023): 62
92		-	(a) Any paroled inmate, including an inmate allowed to go on 63
93		-	parole pursuant to sections 54-131a to 54-131g, inclusive, as amended 64
94		-	by this act, or section 54-131k, as amended by this act, who has been 65
95		-	returned to any institution of the Department of Correction for 66
96		-	violation of such inmate's parole may be retained in a correctional 67
97		-	institution for a period equal to the unexpired portion of the term of 68
98		-	such inmate's sentence at the date of the request or order for such 69
99		-	inmate's return less any commutation or diminution of such inmate's 70
100		-	sentence earned, except that the Board of Pardons and Paroles may, in 71
101		-	its discretion, determine that such inmate shall forfeit any or all of such 72
102		-	earned time, or may be again paroled by said board. 73
103		-	Sec. 5. Subsection (a) of section 54-129 of the general statutes is 74
104		-	repealed and the following is substituted in lieu thereof (Effective 75
105		-	October 1, 2023): 76
106		-	(a) If it appears to the appropriate panel of the Board of Pardons 77
107		-	and Paroles that any person on parole, medical parole or 78
108		-	compassionate parole or inmate eligible for parole, medical parole or 79
109		-	compassionate parole or any person serving a period of special parole 80
110		-	will lead an orderly life, the panel, by a unanimous vote, may (1) 81 Substitute Bill No. 6738
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	117	+
	118	+	parole or any person serving a period of special parole will lead an 79
	119	+	orderly life, the panel, by a unanimous vote, may (1) declare such person 80
	120	+	on parole, medical parole or compassionate parole or inmate discharged 81
	121	+	from the custody of the Commissioner of Correction, or (2) at any time 82
	122	+	during such person's period of special parole, terminate such period, 83
	123	+	without a court order, before such person completes such period. 84
	124	+	Sec. 6. Section 54-131a of the general statutes is repealed and the 85
	125	+	following is substituted in lieu thereof (Effective October 1, 2023): 86
	126	+	[The] A panel of the Board of Pardons and Paroles may determine, in 87
	127	+	accordance with sections 54-131a to 54-131g, inclusive, as amended by 88
	128	+	this act, when and under what conditions an inmate serving any 89
	129	+	sentence of imprisonment may be released on medical parole. 90
	130	+	Sec. 7. Section 54-131b of the general statutes is repealed and the 91
	131	+	following is substituted in lieu thereof (Effective October 1, 2023): 92
	132	+	[The] A panel of the Board of Pardons and Paroles may release on 93
	133	+	medical parole any inmate serving any sentence of imprisonment, 94
	134	+	except an inmate convicted of a capital felony under the provisions of 95
	135	+	section 53a-54b in effect prior to April 25, 2012, or murder with special 96
	136	+	circumstances under the provisions of section 53a-54b in effect on or 97
	137	+	after April 25, 2012, who has been diagnosed pursuant to section 54-131c 98
	138	+	as suffering from a terminal condition, disease or syndrome, and is so 99
	139	+	debilitated or incapacitated by such condition, disease or syndrome as 100
	140	+	to be physically incapable of presenting a danger to society. 101
	141	+	Notwithstanding any provision of the general statutes to the contrary, 102
	142	+	the Board of Pardons and Paroles may release such inmate at any time 103
	143	+	during the term of such inmate's sentence. 104
	144	+	Sec. 8. Section 54-131k of the general statutes is repealed and the 105
	145	+	following is substituted in lieu thereof (Effective October 1, 2023): 106
	146	+	(a) The Board of Pardons and Paroles may grant a compassionate 107
	147	+	parole release to any inmate serving any sentence of imprisonment, 108
	148	+	except an inmate convicted of a capital felony under the provisions of 109 Raised Bill No. 6738
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117		-	declare such person on parole, medical parole or compassionate parole 82
118		-	or inmate discharged from the custody of the Commissioner of 83
119		-	Correction, or (2) at any time during such person's period of special 84
120		-	parole, terminate such period, without a court order, before such 85
121		-	person completes such period. 86
122		-	Sec. 6. Section 54-131a of the general statutes is repealed and the 87
123		-	following is substituted in lieu thereof (Effective October 1, 2023): 88
124		-	[The] A panel of the Board of Pardons and Paroles may determine, 89
125		-	in accordance with sections 54-131a to 54-131g, inclusive, as amended 90
126		-	by this act, when and under what conditions an inmate serving any 91
127		-	sentence of imprisonment may be released on medical parole. 92
128		-	Sec. 7. Section 54-131b of the general statutes is repealed and the 93
129		-	following is substituted in lieu thereof (Effective October 1, 2023): 94
130		-	[The] A panel of the Board of Pardons and Paroles may release on 95
131		-	medical parole any inmate serving any sentence of imprisonment, 96
132		-	except an inmate convicted of a capital felony under the provisions of 97
133		-	section 53a-54b in effect prior to April 25, 2012, or murder with special 98
134		-	circumstances under the provisions of section 53a-54b in effect on or 99
135		-	after April 25, 2012, who has been diagnosed pursuant to section 54-100
136		-	131c as suffering from a terminal condition, disease or syndrome, and 101
137		-	is so debilitated or incapacitated by such condition, disease or 102
138		-	syndrome as to be physically incapable of presenting a danger to 103
139		-	society. Notwithstanding any provision of the general statutes to the 104
140		-	contrary, the Board of Pardons and Paroles may release such inmate at 105
141		-	any time during the term of such inmate's sentence. 106
142		-	Sec. 8. Section 54-131k of the general statutes is repealed and the 107
143		-	following is substituted in lieu thereof (Effective October 1, 2023): 108
144		-	(a) The Board of Pardons and Paroles may grant a compassionate 109
145		-	parole release to any inmate serving any sentence of imprisonment, 110
146		-	except an inmate convicted of a capital felony under the provisions of 111
147		-	section 53a-54b in effect prior to April 25, 2012, or murder with special 112 Substitute Bill No. 6738
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	153	+
	154	+	section 53a-54b in effect prior to April 25, 2012, or murder with special 110
	155	+	circumstances under the provisions of section 53a-54b in effect on or 111
	156	+	after April 25, 2012, if [it] the panel finds that such inmate (1) is so 112
	157	+	physically or mentally debilitated, incapacitated or infirm as a result of 113
	158	+	advanced age or as a result of a condition, disease or syndrome that is 114
	159	+	not terminal as to [be physically incapable of presenting a] present a 115
	160	+	significantly reduced risk of danger to society, and (2) (A) has served 116
	161	+	not less than one-half of such inmate's definite or aggregate sentence, or 117
	162	+	(B) has served not less than one-half of such inmate's remaining definite 118
	163	+	or aggregate sentence after commutation of the original sentence by the 119
	164	+	Board of Pardons and Paroles. 120
	165	+	(b) (1) During a major disaster or an emergency declaration by the 121
	166	+	President of the United States covering any part of the state, or an 122
	167	+	emergency declaration issued by the Governor, that shall include, but 123
	168	+	need not be limited to, those declarations issued concerning the COVID-124
	169	+	19 pandemic, any other disease epidemic or public health emergency or 125
	170	+	a natural disaster, a panel of the Board of Pardons and Paroles may grant 126
	171	+	a compassionate parole release to any inmate serving any sentence of 127
	172	+	imprisonment, except an inmate convicted of a capital felony under the 128
	173	+	provisions of section 53a-54b in effect prior to April 25, 2012, or murder 129
	174	+	with special circumstances under the provisions of section 53a-54b in 130
	175	+	effect on or after April 25, 2012, at any time during the term of such 131
	176	+	inmate's sentence, if the panel finds (A) circumstances exist which pose 132
	177	+	a higher risk of harm to such inmate should such inmate remain 133
	178	+	confined, and (B) such inmate presents a reduced risk of presenting any 134
	179	+	danger to society. 135
	180	+	(2) For purposes of this subsection, "COVID-19" means the 136
	181	+	respiratory disease designated by the World Health Organization on 137
	182	+	February 11, 2020, as coronavirus 2019, and any related mutation thereof 138
	183	+	recognized by said organization as a communicable respiratory disease. 139
	184	+	(3) Any person granted a compassionate parole release pursuant to 140
	185	+	this subsection shall, upon expiration or termination of the major 141
	186	+	disaster or emergency declaration, be ordered to appear before the 142 Raised Bill No. 6738
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154		-	circumstances under the provisions of section 53a-54b in effect on or 113
155		-	after April 25, 2012, if [it] the panel finds that such inmate (1) is so 114
156		-	physically or mentally debilitated, incapacitated or infirm as a result of 115
157		-	advanced age or as a result of a condition, disease or syndrome that is 116
158		-	not terminal as to [be physically incapable of presenting a] present a 117
159		-	significantly reduced risk of danger to society, and (2) (A) has served 118
160		-	not less than one-half of such inmate's definite or aggregate sentence, 119
161		-	or (B) has served not less than one-half of such inmate's remaining 120
162		-	definite or aggregate sentence after commutation of the original 121
163		-	sentence by the Board of Pardons and Paroles. 122
164		-	(b) (1) During a major disaster or an emergency declaration by the 123
165		-	President of the United States covering any part of the state, or an 124
166		-	emergency declaration issued by the Governor, that shall include, but 125
167		-	need not be limited to, those declarations issued concerning the 126
168		-	COVID-19 pandemic, any other disease epidemic or public health 127
169		-	emergency or a natural disaster, a panel of the Board of Pardons and 128
170		-	Paroles may grant a compassionate parole release to any inmate 129
171		-	serving any sentence of imprisonment, except an inmate convicted of a 130
172		-	capital felony under the provisions of section 53a-54b in effect prior to 131
173		-	April 25, 2012, or murder with special circumstances under the 132
174		-	provisions of section 53a-54b in effect on or after April 25, 2012, at any 133
175		-	time during the term of such inmate's sentence, if the panel finds (A) 134
176		-	circumstances exist which pose a higher risk of harm to such inmate 135
177		-	should such inmate remain confined, and (B) such inmate presents a 136
178		-	reduced risk of presenting any danger to society. 137
179		-	(2) For purposes of this subsection, "COVID-19" means the 138
180		-	respiratory disease designated by the World Health Organization on 139
181		-	February 11, 2020, as coronavirus 2019, and any related mutation 140
182		-	thereof recognized by said organization as a communicable respiratory 141
183		-	disease. 142
184		-	(3) Any person granted a compassionate parole release pursuant to 143
185		-	this subsection shall, upon expiration or termination of the major 144
186		-	disaster or emergency declaration, be ordered to appear before the 145 Substitute Bill No. 6738
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	191	+
	192	+	Board of Pardons of Paroles or any special panel thereof appointed 143
	193	+	pursuant to this section not later than twenty days after such expiration 144
	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, 2024, 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 Raised Bill No. 6738
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193		-	Board of Pardons and Paroles or any special panel thereof appointed 146
194		-	pursuant to this section not later than twenty days after such 147
195		-	expiration or termination for a hearing as to whether such 148
196		-	compassionate parole release shall be revoked, continued or modified. 149
197		-	The Board of Pardons and Paroles or any special panel thereof shall 150
198		-	revoke a compassionate parole release if the board or panel finds (A) 151
199		-	the risk of harm to such person should such person be confined is no 152
200		-	longer higher than prior to the major disaster or emergency 153
201		-	declaration, and (B) returning such person to confinement is in the best 154
202		-	interest of public safety. 155
203		-	[(b)] (c) Any person granted a compassionate parole release 156
204		-	pursuant to this section shall be released subject to such terms and 157
205		-	conditions as may be established by the Board of Pardons and Paroles 158
206		-	and [shall be supervised by the Department of Correction] the rules 159
207		-	and regulations established pursuant to section 54-126. 160
208		-	(d) The chairperson of the Board of Pardons and Paroles may 161
209		-	appoint a special panel to implement the provisions of this section and 162
210		-	review and decide requests for compassionate parole under this 163
211		-	section on an emergency basis, and in all cases shall act in as 164
212		-	expeditious a manner as possible. 165
213		-	(e) The provisions of this section shall not affect an inmate's 166
214		-	eligibility for any other form of parole or release provided by law. 167
215		-	(f) Not later than October 1, 2024, and annually thereafter, the Board 168
216		-	of Pardons and Paroles shall report, in accordance with the provisions 169
217		-	of section 11-4a, to the joint standing committee of the General 170
218		-	Assembly having cognizance of matters relating to the judiciary (1) the 171
219		-	number of persons granted compassionate parole release in the prior 172
220		-	year, (2) the number of such persons released who have been arrested 173
221		-	in the prior year, (3) the number of such persons released who have 174
222		-	been ordered reconfined based upon violations of the terms or 175
223		-	conditions of compassionate parole release in the prior year, and (4) 176
224		-	the number of such persons released who have been sentenced to 177 Substitute Bill No. 6738
	227	+	LCO No. 4410 7 of 8
	228	+
	229	+	Sec. 9. (NEW) (Effective October 1, 2023) (a) The Commissioner of 175
	230	+	Correction shall grant public health emergency release credits in 176
	231	+	accordance with subsection (b) of this section to any inmate who is 177
	232	+	serving a sentence of imprisonment whose scheduled release date is 178
	233	+	within one year of the issuance of a declaration described in subsection 179
	234	+	(b) of this section, except to an inmate who is sentenced for a violation 180
	235	+	of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 181
	236	+	53a-70c or 53a-100aa of the general statutes, or who is a persistent 182
	237	+	dangerous felony offender or persistent dangerous sexual offender 183
	238	+	pursuant to section 53a-40 of the general statutes. 184
	239	+	(b) (1) Notwithstanding any provision of the general statutes, during 185
	240	+	a major disaster or an emergency declaration by the President of the 186
	241	+	United States covering any part of the state, or an emergency declaration 187
	242	+	issued by the Governor, that shall include, but need not be limited to, 188
	243	+	those declarations issued concerning the COVID-19 pandemic, any 189
	244	+	other disease epidemic or public health emergency or a natural disaster, 190
	245	+	the commissioner shall award public health emergency release credits 191
	246	+	to any inmate described in subsection (a) of this section who is serving 192
	247	+	a sentence of imprisonment during the time period covered by such 193
	248	+	major disaster or declaration toward a reduction of such inmate's term 194
	249	+	of imprisonment, in an amount equal to one hundred twenty-two days 195
	250	+	per month for each month such inmate is imprisoned during the period 196
	251	+	covered by such declaration, the amount of which shall be reduced pro 197
	252	+	rata for any month that did not fall entirely during the period covered 198
	253	+	by such declaration. The commissioner shall not award more than two 199
	254	+	hundred forty-four days' worth of credits to any such inmate during the 200
	255	+	time period covered by any such declaration. 201
	256	+	(2) For purposes of this subsection, "COVID-19" means the 202
	257	+	respiratory disease designated by the World Health Organization on 203
	258	+	February 11, 2020, as coronavirus 2019, and any related mutation thereof 204
	259	+	recognized by said organization as a communicable respiratory disease. 205
	260	+	(c) Any credit awarded under this section may only be awarded 206
	261	+	during the period of time that the inmate is sentenced to a term of 207 Raised Bill No. 6738
225	262
226	263
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230	264
231		-	confinement pursuant to a separate and unrelated offense. 178
232		-	Sec. 9. (NEW) (Effective October 1, 2023) (a) The Commissioner of 179
233		-	Correction shall grant public health emergency release credits in 180
234		-	accordance with subsection (b) of this section to any inmate who is 181
235		-	serving a sentence of imprisonment whose scheduled release date is 182
236		-	within one year of the issuance of a declaration described in subsection 183
237		-	(b) of this section, except to an inmate who is sentenced for a violation 184
238		-	of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 185
239		-	53a-70c or 53a-100aa of the general statutes, or who is a persistent 186
240		-	dangerous felony offender or persistent dangerous sexual offender 187
241		-	pursuant to section 53a-40 of the general statutes. 188
242		-	(b) (1) Notwithstanding any provision of the general statutes, 189
243		-	during a major disaster or an emergency declaration by the President 190
244		-	of the United States covering any part of the state, or an emergency 191
245		-	declaration issued by the Governor, that shall include, but need not be 192
246		-	limited to, those declarations issued concerning the COVID-19 193
247		-	pandemic, any other disease epidemic or public health emergency or a 194
248		-	natural disaster, the commissioner shall award public health 195
249		-	emergency release credits to any inmate described in subsection (a) of 196
250		-	this section who is serving a sentence of imprisonment during the time 197
251		-	period covered by such major disaster or declaration toward a 198
252		-	reduction of such inmate's term of imprisonment, in an amount equal 199
253		-	to one hundred twenty-two days per month for each month such 200
254		-	inmate is imprisoned during the period covered by such declaration, 201
255		-	the amount of which shall be reduced pro rata for any month that did 202
256		-	not fall entirely during the period covered by such declaration. The 203
257		-	commissioner shall not award more than two hundred forty-four days' 204
258		-	worth of credits to any such inmate during the time period covered by 205
259		-	any such declaration. 206
260		-	(2) For purposes of this subsection, "COVID-19" means the 207
261		-	respiratory disease designated by the World Health Organization on 208
262		-	February 11, 2020, as coronavirus 2019, and any related mutation 209
263		-	thereof recognized by said organization as a communicable respiratory 210 Substitute Bill No. 6738
	265	+	LCO No. 4410 8 of 8
264	266
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269		-
270		-	disease. 211
271		-	(c) Any credit awarded under this section may only be awarded 212
272		-	during the period of time that the inmate is sentenced to a term of 213
273		-	imprisonment and committed to the custody of the commissioner and 214
274		-	may not be transferred or applied to a subsequent term of 215
275		-	imprisonment. In no event shall any credit awarded under this section 216
276		-	be applied so as to reduce a mandatory minimum term of 217
277		-	imprisonment such inmate is required to serve by statute. 218
278		-	(d) The provisions of this section shall not affect an inmate's 219
279		-	eligibility for any other form of parole or release provided by law. 220
	267	+	imprisonment and committed to the custody of the commissioner and 208
	268	+	may not be transferred or applied to a subsequent term of 209
	269	+	imprisonment. In no event shall any credit awarded under this section 210
	270	+	be applied so as to reduce a mandatory minimum term of imprisonment 211
	271	+	such inmate is required to serve by statute. 212
	272	+	(d) The provisions of this section shall not affect an inmate's eligibility 213
	273	+	for any other form of parole or release provided by law. 214
280	274		This act shall take effect as follows and shall amend the following
281	275		sections:
282	276
283	277		Section 1 October 1, 2023 54-124a(e) and (f)
284	278		Sec. 2 October 1, 2023 54-127
285	279		Sec. 3 October 1, 2023 54-127a
286	280		Sec. 4 October 1, 2023 54-128(a)
287	281		Sec. 5 October 1, 2023 54-129(a)
288	282		Sec. 6 October 1, 2023 54-131a
289	283		Sec. 7 October 1, 2023 54-131b
290	284		Sec. 8 October 1, 2023 54-131k
291	285		Sec. 9 October 1, 2023 New section
292	286
293		-	Statement of Legislative Commissioners:
294		-	In Section 8(b)(3) "Board of Pardons of Paroles" was changed to "Board
295		-	of Pardons and Paroles" for accuracy.
296		-
297		-	JUD Joint Favorable Subst. -LCO
	287	+	Statement of Purpose:
	288	+	To create a release panel for determinations of medical and
	289	+	compassionate release, modify standards used to determine when an
	290	+	inmate may be eligible for compassionate parole release and establish a
	291	+	system for credits to be awarded to inmates toward release from
	292	+	imprisonment in the time of an emergency declaration.
	293	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	294	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	295	+	underlined.]
298	296