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General Assembly Raised Bill No. 952
January Session, 2023
LCO No. 3230
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING PAROLE ELIGIBILITY FOR AN INDIVIDUAL
SERVING A LENGTHY SENTENCE FOR A CRIME COMMITTED
BEFORE THE INDIVIDUAL REACHED THE AGE OF TWENTY -FIVE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (f) of section 54-125a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2023): 3
(f) (1) Notwithstanding the provisions of subsections (a) to (e), 4
inclusive, of this section, a person convicted of one or more crimes 5
committed while such person was under [eighteen] twenty-five years 6
of age, who is incarcerated on or after October 1, 2015, and who 7
received a definite sentence or total effective sentence of more than ten 8
years for such crime or crimes prior to, on or after October 1, 2015, may 9
be allowed to go at large on parole in the discretion of the panel of the 10
Board of Pardons and Paroles for the institution in which such person 11
is confined, provided (A) if such person is serving a sentence of fifty 12
years or less, such person shall be eligible for parole after serving sixty 13
per cent of the sentence or twelve years, whichever is greater, or (B) if 14
such person is serving a sentence of more than fifty years, such person 15 Bill No. 952
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shall be eligible for parole after serving thirty years. Nothing in this 16
subsection shall limit a person's eligibility for parole release under the 17
provisions of subsections (a) to (e), inclusive, of this section if such 18
person would be eligible for parole release at an earlier date under any 19
of such provisions. 20
(2) The board shall apply the parole eligibility rules of this 21
subsection only with respect to the sentence for a crime or crimes 22
committed while a person was under [eighteen] twenty-five years of 23
age. Any portion of a sentence that is based on a crime or crimes 24
committed while a person was [eighteen] twenty-five years of age or 25
older shall be subject to the applicable parole eligibility, suitability and 26
release rules set forth in subsections (a) to (e), inclusive, of this section. 27
(3) Whenever a person becomes eligible for parole release pursuant 28
to this subsection, the board shall hold a hearing to determine such 29
person's suitability for parole release. At least twelve months prior to 30
such hearing, the board shall notify the office of Chief Public Defender, 31
the appropriate state's attorney, the Victim Services Unit within the 32
Department of Correction, the Office of the Victim Advocate and the 33
Office of Victim Services within the Judicial Department of such 34
person's eligibility for parole release pursuant to this subsection. The 35
office of Chief Public Defender shall assign counsel for such person 36
pursuant to section 51-296 if such person is indigent. At any hearing to 37
determine such person's suitability for parole release pursuant to this 38
subsection, the board shall permit (A) such person to make a statement 39
on such person's behalf, (B) counsel for such person and the state's 40
attorney to submit reports and other documents, and (C) any victim of 41
the crime or crimes to make a statement pursuant to section 54-126a. 42
The board may request testimony from mental health professionals or 43
other relevant witnesses, and reports from the Commissioner of 44
Correction or other persons, as the board may require. The board shall 45
use validated risk assessment and needs assessment tools and its risk-46
based structured decision making and release criteria established 47
pursuant to subsection (d) of section 54-124a in making a 48 Bill No. 952
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determination pursuant to this subsection. 49
(4) After such hearing, the board may allow such person to go at 50
large on parole with respect to any portion of a sentence that was 51
based on a crime or crimes committed while such person was under 52
[eighteen] twenty-five years of age if the board finds that such parole 53
release would be consistent with the factors set forth in subdivisions 54
(1) to (4), inclusive, of subsection (c) of section 54-300 and if it appears, 55
from all available information, including, but not limited to, any 56
reports from the Commissioner of Correction, that (A) there is a 57
reasonable probability that such person will live and remain at liberty 58
without violating the law, (B) the benefits to such person and society 59
that would result from such person's release to community supervision 60
substantially outweigh the benefits to such person and society that 61
would result from such person's continued incarceration, and (C) such 62
person has demonstrated substantial rehabilitation since the date such 63
crime or crimes were committed considering such person's character, 64
background and history, as demonstrated by factors, including, but 65
not limited to, such person's correctional record, the age and 66
circumstances of such person as of the date of the commission of the 67
crime or crimes, whether such person has demonstrated remorse and 68
increased maturity since the date of the commission of the crime or 69
crimes, such person's contributions to the welfare of other persons 70
through service, such person's efforts to overcome substance abuse, 71
addiction, trauma, lack of education or obstacles that such person may 72
have faced as a [child or youth] person under twenty-five years of age 73
in the adult correctional system, the opportunities for rehabilitation in 74
the adult correctional system and the overall degree of such person's 75
rehabilitation considering the nature and circumstances of the crime or 76
crimes. 77
(5) After such hearing, the board shall articulate for the record its 78
decision and the reasons for its decision. If the board determines that 79
continued confinement is necessary, the board may reassess such 80
person's suitability for a new parole hearing at a later date to be 81 Bill No. 952
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determined at the discretion of the board, but not earlier than two 82
years after the date of its decision. 83
(6) The decision of the board under this subsection shall not be 84
subject to appeal. 85
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 54-125a(f)
JUD Joint Favorable