LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06738-R01-
HB.docx
1 of 8
General Assembly Substitute Bill No. 6738
January Session, 2023
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statutes are repealed and the following is substituted in lieu thereof 2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, 5
shall be composed of three members, one of whom shall be the 6
chairperson or a full-time member designated by the chairperson to 7
serve 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 11
shall be the chairperson. 12
(3) Each panel that discharges persons on parole from the custody of 13
the Commissioner of Correction or that terminates the period of 14
special parole for persons shall be composed of three members, one of 15
whom shall be the chairperson or a full-time member designated by 16
the chairperson to serve temporarily as chairperson. 17 Substitute Bill No. 6738
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06738-
R01-HB.docx }
2 of 8
(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, 21
inclusive, as amended by this act, or compassionate parole in 22
accordance with the provisions of section 54-131k, as amended by this 23
act, (2) establish conditions of parole, medical parole, compassionate 24
parole or special parole supervision in accordance with section 54-126, 25
(3) rescind or revoke parole or special parole in accordance with 26
sections 54-127, as amended by this act, and 54-128, as amended by this 27
act, (4) grant commutations of punishment or releases, conditioned or 28
absolute, in the case of any person convicted of any offense against the 29
state and commutations from the penalty of death in accordance with 30
section 54-130a, (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 33
amended by this act, and (6) terminate special parole in accordance 34
with section 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 40
warrant to authorize any officer of the Department of Correction or 41
any officer authorized by law to serve criminal process within this 42
state, to return any convict or inmate on parole, medical parole or 43
compassionate parole into actual custody; and any such officer, police 44
officer, constable or state marshal shall arrest and hold any parolee or 45
inmate when so requested, without any written warrant. 46
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 Substitute Bill No. 6738
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06738-
R01-HB.docx }
3 of 8
an employee of the Board of Pardons and Paroles. The parole of a 50
person who has been allowed to go on parole in accordance with 51
subsection (a) of section 54-125a, [or] section 54-125g, sections 54-131a 52
to 54-131g, inclusive, as amended by this act, or section 54-131k, as 53
amended by this act, or who has been sentenced to a period of special 54
parole in accordance with subdivision (9) of subsection (b) of section 55
53a-28, shall be revoked or rescinded if, after such hearing, the 56
employee recommends such revocation or rescission and such 57
recommendation is approved by at least two members of a panel of the 58
board. 59
Sec. 4. Subsection (a) of section 54-128 of the general statutes is 60
repealed and the following is substituted in lieu thereof (Effective 61
October 1, 2023): 62
(a) Any paroled inmate, including an inmate allowed to go on 63
parole pursuant to sections 54-131a to 54-131g, inclusive, as amended 64
by this act, or section 54-131k, as amended by this act, who has been 65
returned to any institution of the Department of Correction for 66
violation of such inmate's parole may be retained in a correctional 67
institution for a period equal to the unexpired portion of the term of 68
such inmate's sentence at the date of the request or order for such 69
inmate's return less any commutation or diminution of such inmate's 70
sentence earned, except that the Board of Pardons and Paroles may, in 71
its discretion, determine that such inmate shall forfeit any or all of such 72
earned time, or may be again paroled by said board. 73
Sec. 5. Subsection (a) of section 54-129 of the general statutes is 74
repealed and the following is substituted in lieu thereof (Effective 75
October 1, 2023): 76
(a) If it appears to the appropriate panel of the Board of Pardons 77
and Paroles that any person on parole, medical parole or 78
compassionate parole or inmate eligible for parole, medical parole or 79
compassionate parole or any person serving a period of special parole 80
will lead an orderly life, the panel, by a unanimous vote, may (1) 81 Substitute Bill No. 6738
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06738-
R01-HB.docx }
4 of 8
declare such person on parole, medical parole or compassionate parole 82
or inmate discharged from the custody of the Commissioner of 83
Correction, or (2) at any time during such person's period of special 84
parole, terminate such period, without a court order, before such 85
person completes such period. 86
Sec. 6. Section 54-131a of the general statutes is repealed and the 87
following is substituted in lieu thereof (Effective October 1, 2023): 88
[The] A panel of the Board of Pardons and Paroles may determine, 89
in accordance with sections 54-131a to 54-131g, inclusive, as amended 90
by this act, when and under what conditions an inmate serving any 91
sentence of imprisonment may be released on medical parole. 92
Sec. 7. Section 54-131b of the general statutes is repealed and the 93
following is substituted in lieu thereof (Effective October 1, 2023): 94
[The] A panel of the Board of Pardons and Paroles may release on 95
medical parole any inmate serving any sentence of imprisonment, 96
except an inmate convicted of a capital felony under the provisions of 97
section 53a-54b in effect prior to April 25, 2012, or murder with special 98
circumstances under the provisions of section 53a-54b in effect on or 99
after April 25, 2012, who has been diagnosed pursuant to section 54-100
131c as suffering from a terminal condition, disease or syndrome, and 101
is so debilitated or incapacitated by such condition, disease or 102
syndrome as to be physically incapable of presenting a danger to 103
society. Notwithstanding any provision of the general statutes to the 104
contrary, the Board of Pardons and Paroles may release such inmate at 105
any time during the term of such inmate's sentence. 106
Sec. 8. Section 54-131k of the general statutes is repealed and the 107
following is substituted in lieu thereof (Effective October 1, 2023): 108
(a) The Board of Pardons and Paroles may grant a compassionate 109
parole release to any inmate serving any sentence of imprisonment, 110
except an inmate convicted of a capital felony under the provisions of 111
section 53a-54b in effect prior to April 25, 2012, or murder with special 112 Substitute Bill No. 6738
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06738-
R01-HB.docx }
5 of 8
circumstances under the provisions of section 53a-54b in effect on or 113
after April 25, 2012, if [it] the panel finds that such inmate (1) is so 114
physically or mentally debilitated, incapacitated or infirm as a result of 115
advanced age or as a result of a condition, disease or syndrome that is 116
not terminal as to [be physically incapable of presenting a] present a 117
significantly reduced risk of danger to society, and (2) (A) has served 118
not less than one-half of such inmate's definite or aggregate sentence, 119
or (B) has served not less than one-half of such inmate's remaining 120
definite or aggregate sentence after commutation of the original 121
sentence by the Board of Pardons and Paroles. 122
(b) (1) During a major disaster or an emergency declaration by the 123
President of the United States covering any part of the state, or an 124
emergency declaration issued by the Governor, that shall include, but 125
need not be limited to, those declarations issued concerning the 126
COVID-19 pandemic, any other disease epidemic or public health 127
emergency or a natural disaster, a panel of the Board of Pardons and 128
Paroles may grant a compassionate parole release to any inmate 129
serving any sentence of imprisonment, except an inmate convicted of a 130
capital felony under the provisions of section 53a-54b in effect prior to 131
April 25, 2012, or murder with special circumstances under the 132
provisions of section 53a-54b in effect on or after April 25, 2012, at any 133
time during the term of such inmate's sentence, if the panel finds (A) 134
circumstances exist which pose a higher risk of harm to such inmate 135
should such inmate remain confined, and (B) such inmate presents a 136
reduced risk of presenting any danger to society. 137
(2) For purposes of this subsection, "COVID-19" means the 138
respiratory disease designated by the World Health Organization on 139
February 11, 2020, as coronavirus 2019, and any related mutation 140
thereof recognized by said organization as a communicable respiratory 141
disease. 142
(3) Any person granted a compassionate parole release pursuant to 143
this subsection shall, upon expiration or termination of the major 144
disaster or emergency declaration, be ordered to appear before the 145 Substitute Bill No. 6738
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06738-
R01-HB.docx }
6 of 8
Board of Pardons and Paroles or any special panel thereof appointed 146
pursuant to this section not later than twenty days after such 147
expiration or termination for a hearing as to whether such 148
compassionate parole release shall be revoked, continued or modified. 149
The Board of Pardons and Paroles or any special panel thereof shall 150
revoke a compassionate parole release if the board or panel finds (A) 151
the risk of harm to such person should such person be confined is no 152
longer higher than prior to the major disaster or emergency 153
declaration, and (B) returning such person to confinement is in the best 154
interest of public safety. 155
[(b)] (c) Any person granted a compassionate parole release 156
pursuant to this section shall be released subject to such terms and 157
conditions as may be established by the Board of Pardons and Paroles 158
and [shall be supervised by the Department of Correction] the rules 159
and regulations established pursuant to section 54-126. 160
(d) The chairperson of the Board of Pardons and Paroles may 161
appoint a special panel to implement the provisions of this section and 162
review and decide requests for compassionate parole under this 163
section on an emergency basis, and in all cases shall act in as 164
expeditious a manner as possible. 165
(e) The provisions of this section shall not affect an inmate's 166
eligibility for any other form of parole or release provided by law. 167
(f) Not later than October 1, 2024, and annually thereafter, the Board 168
of Pardons and Paroles shall report, in accordance with the provisions 169
of section 11-4a, to the joint standing committee of the General 170
Assembly having cognizance of matters relating to the judiciary (1) the 171
number of persons granted compassionate parole release in the prior 172
year, (2) the number of such persons released who have been arrested 173
in the prior year, (3) the number of such persons released who have 174
been ordered reconfined based upon violations of the terms or 175
conditions of compassionate parole release in the prior year, and (4) 176
the number of such persons released who have been sentenced to 177 Substitute Bill No. 6738
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06738-
R01-HB.docx }
7 of 8
confinement pursuant to a separate and unrelated offense. 178
Sec. 9. (NEW) (Effective October 1, 2023) (a) The Commissioner of 179
Correction shall grant public health emergency release credits in 180
accordance with subsection (b) of this section to any inmate who is 181
serving a sentence of imprisonment whose scheduled release date is 182
within one year of the issuance of a declaration described in subsection 183
(b) of this section, except to an inmate who is sentenced for a violation 184
of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 185
53a-70c or 53a-100aa of the general statutes, or who is a persistent 186
dangerous felony offender or persistent dangerous sexual offender 187
pursuant to section 53a-40 of the general statutes. 188
(b) (1) Notwithstanding any provision of the general statutes, 189
during a major disaster or an emergency declaration by the President 190
of the United States covering any part of the state, or an emergency 191
declaration issued by the Governor, that shall include, but need not be 192
limited to, those declarations issued concerning the COVID-19 193
pandemic, any other disease epidemic or public health emergency or a 194
natural disaster, the commissioner shall award public health 195
emergency release credits to any inmate described in subsection (a) of 196
this section who is serving a sentence of imprisonment during the time 197
period covered by such major disaster or declaration toward a 198
reduction of such inmate's term of imprisonment, in an amount equal 199
to one hundred twenty-two days per month for each month such 200
inmate is imprisoned during the period covered by such declaration, 201
the amount of which shall be reduced pro rata for any month that did 202
not fall entirely during the period covered by such declaration. The 203
commissioner shall not award more than two hundred forty-four days' 204
worth of credits to any such inmate during the time period covered by 205
any such declaration. 206
(2) For purposes of this subsection, "COVID-19" means the 207
respiratory disease designated by the World Health Organization on 208
February 11, 2020, as coronavirus 2019, and any related mutation 209
thereof recognized by said organization as a communicable respiratory 210 Substitute Bill No. 6738
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06738-
R01-HB.docx }
8 of 8
disease. 211
(c) Any credit awarded under this section may only be awarded 212
during the period of time that the inmate is sentenced to a term of 213
imprisonment and committed to the custody of the commissioner and 214
may not be transferred or applied to a subsequent term of 215
imprisonment. In no event shall any credit awarded under this section 216
be applied so as to reduce a mandatory minimum term of 217
imprisonment such inmate is required to serve by statute. 218
(d) The provisions of this section shall not affect an inmate's 219
eligibility for any other form of parole or release provided by law. 220
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 Legislative Commissioners:
In Section 8(b)(3) "Board of Pardons of Paroles" was changed to "Board
of Pardons and Paroles" for accuracy.
JUD Joint Favorable Subst. -LCO