Connecticut 2023 Regular Session

Connecticut Senate Bill SB00952 Compare Versions

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Version 2 (New)

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4		-	Senate Bill No. 952
	7	+	General Assembly Raised Bill No. 952
	8	+	January Session, 2023
	9	+	LCO No. 3230
5	10
6		-	Public Act No. 23-169
	11	+
	12	+	Referred to Committee on JUDICIARY
	13	+
	14	+
	15	+	Introduced by:
	16	+	(JUD)
	17	+
7	18
8	19
9	20		AN ACT CONCERNING PAROLE ELIGIBILITY FOR AN INDIVIDUAL
10	21		SERVING A LENGTHY SENTENCE FOR A CRIME COMMITTED
11		-	BEFORE THE INDIVIDUAL REACHED THE AGE OF TWENTY -ONE
12		-	AND CRIMINAL HISTORY RECORDS ERASURE.
	22	+	BEFORE THE INDIVIDUAL REACHED THE AGE OF TWENTY -FIVE.
13	23		Be it enacted by the Senate and House of Representatives in General
14	24		Assembly convened:
15	25
16		-	Section 1. Section 54-125a of the general statutes is repealed and the
17		-	following is substituted in lieu thereof (Effective October 1, 2023):
18		-	(a) A person convicted of one or more crimes who is incarcerated on
19		-	or after October 1, 1990, who received a definite sentence or total
20		-	effective sentence of more than two years, and who has been confined
21		-	under such sentence or sentences for not less than one-half of the total
22		-	effective sentence less any risk reduction credit earned under the
23		-	provisions of section 18-98e or one-half of the most recent sentence
24		-	imposed by the court less any risk reduction credit earned under the
25		-	provisions of section 18-98e, whichever is greater, may be allowed to go
26		-	at large on parole (1) in accordance with the provisions of section 54-
27		-	125i, or (2) in the discretion of a panel of the Board of Pardons and
28		-	Paroles, if (A) it appears from all available information, including any
29		-	reports from the Commissioner of Correction that the panel may
30		-	require, that there is a reasonable probability that such inmate will live
31		-	and remain at liberty without violating the law, and (B) such release is Senate Bill No. 952
	26	+	Section 1. Subsection (f) of section 54-125a of the general statutes is 1
	27	+	repealed and the following is substituted in lieu thereof (Effective 2
	28	+	October 1, 2023): 3
	29	+	(f) (1) Notwithstanding the provisions of subsections (a) to (e), 4
	30	+	inclusive, of this section, a person convicted of one or more crimes 5
	31	+	committed while such person was under [eighteen] twenty-five years 6
	32	+	of age, who is incarcerated on or after October 1, 2015, and who 7
	33	+	received a definite sentence or total effective sentence of more than ten 8
	34	+	years for such crime or crimes prior to, on or after October 1, 2015, may 9
	35	+	be allowed to go at large on parole in the discretion of the panel of the 10
	36	+	Board of Pardons and Paroles for the institution in which such person 11
	37	+	is confined, provided (A) if such person is serving a sentence of fifty 12
	38	+	years or less, such person shall be eligible for parole after serving sixty 13
	39	+	per cent of the sentence or twelve years, whichever is greater, or (B) if 14
	40	+	such person is serving a sentence of more than fifty years, such person 15 Bill No. 952
32	41
33		-	Public Act No. 23-169 2 of 13
34	42
35		-	not incompatible with the welfare of society. At the discretion of the
36		-	panel, and under the terms and conditions as may be prescribed by the
37		-	panel including requiring the parolee to submit personal reports, the
38		-	parolee shall be allowed to return to the parolee's home or to reside in a
39		-	residential community center, or to go elsewhere. The parolee shall,
40		-	while on parole, remain under the jurisdiction of the board until the
41		-	expiration of the maximum term or terms for which the parolee was
42		-	sentenced less any risk reduction credit earned under the provisions of
43		-	section 18-98e. Any parolee released on the condition that the parolee
44		-	reside in a residential community center may be required to contribute
45		-	to the cost incidental to such residence. Each order of parole shall fix the
46		-	limits of the parolee's residence, which may be changed in the discretion
47		-	of the board and the Commissioner of Correction. Within three weeks
48		-	after the commitment of each person sentenced to more than two years,
49		-	the state's attorney for the judicial district shall send to the Board of
50		-	Pardons and Paroles the record, if any, of such person.
51		-	(b) (1) No person convicted of any of the following offenses, which
52		-	was committed on or after July 1, 1981, shall be eligible for parole under
53		-	subsection (a) of this section: (A) Capital felony, as provided under the
54		-	provisions of section 53a-54b in effect prior to April 25, 2012, (B) murder
55		-	with special circumstances, as provided under the provisions of section
56		-	53a-54b in effect on or after April 25, 2012, (C) felony murder, as
57		-	provided in section 53a-54c, (D) arson murder, as provided in section
58		-	53a-54d, (E) murder, as provided in section 53a-54a, or (F) aggravated
59		-	sexual assault in the first degree, as provided in section 53a-70a. (2) A
60		-	person convicted of (A) a violation of section 53a-100aa or 53a-102, or
61		-	(B) an offense, other than an offense specified in subdivision (1) of this
62		-	subsection, where the underlying facts and circumstances of the offense
63		-	involve the use, attempted use or threatened use of physical force
64		-	against another person shall be ineligible for parole under subsection (a)
65		-	of this section until such person has served not less than eighty-five per
66		-	cent of the definite sentence imposed. Senate Bill No. 952
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67	46
68		-	Public Act No. 23-169 3 of 13
	47	+	shall be eligible for parole after serving thirty years. Nothing in this 16
	48	+	subsection shall limit a person's eligibility for parole release under the 17
	49	+	provisions of subsections (a) to (e), inclusive, of this section if such 18
	50	+	person would be eligible for parole release at an earlier date under any 19
	51	+	of such provisions. 20
	52	+	(2) The board shall apply the parole eligibility rules of this 21
	53	+	subsection only with respect to the sentence for a crime or crimes 22
	54	+	committed while a person was under [eighteen] twenty-five years of 23
	55	+	age. Any portion of a sentence that is based on a crime or crimes 24
	56	+	committed while a person was [eighteen] twenty-five years of age or 25
	57	+	older shall be subject to the applicable parole eligibility, suitability and 26
	58	+	release rules set forth in subsections (a) to (e), inclusive, of this section. 27
	59	+	(3) Whenever a person becomes eligible for parole release pursuant 28
	60	+	to this subsection, the board shall hold a hearing to determine such 29
	61	+	person's suitability for parole release. At least twelve months prior to 30
	62	+	such hearing, the board shall notify the office of Chief Public Defender, 31
	63	+	the appropriate state's attorney, the Victim Services Unit within the 32
	64	+	Department of Correction, the Office of the Victim Advocate and the 33
	65	+	Office of Victim Services within the Judicial Department of such 34
	66	+	person's eligibility for parole release pursuant to this subsection. The 35
	67	+	office of Chief Public Defender shall assign counsel for such person 36
	68	+	pursuant to section 51-296 if such person is indigent. At any hearing to 37
	69	+	determine such person's suitability for parole release pursuant to this 38
	70	+	subsection, the board shall permit (A) such person to make a statement 39
	71	+	on such person's behalf, (B) counsel for such person and the state's 40
	72	+	attorney to submit reports and other documents, and (C) any victim of 41
	73	+	the crime or crimes to make a statement pursuant to section 54-126a. 42
	74	+	The board may request testimony from mental health professionals or 43
	75	+	other relevant witnesses, and reports from the Commissioner of 44
	76	+	Correction or other persons, as the board may require. The board shall 45
	77	+	use validated risk assessment and needs assessment tools and its risk-46
	78	+	based structured decision making and release criteria established 47
	79	+	pursuant to subsection (d) of section 54-124a in making a 48 Bill No. 952
69	80
70		-	(c) The Board of Pardons and Paroles shall, not later than July 1, 1996,
71		-	adopt regulations in accordance with chapter 54 to ensure that a person
72		-	convicted of an offense described in subdivision (2) of subsection (b) of
73		-	this section is not released on parole until such person has served eighty-
74		-	five per cent of the definite sentence imposed by the court. Such
75		-	regulations shall include guidelines and procedures for classifying a
76		-	person as a violent offender that are not limited to a consideration of the
77		-	elements of the offense or offenses for which such person was convicted.
78		-	(d) The Board of Pardons and Paroles may hold a hearing to
79		-	determine the suitability for parole release of any person whose
80		-	eligibility for parole release is not subject to the provisions of subsection
81		-	(b) of this section upon completion by such person of seventy-five per
82		-	cent of such person's definite or total effective sentence less any risk
83		-	reduction credit earned under the provisions of section 18-98e. An
84		-	employee of the board or, if deemed necessary by the chairperson, a
85		-	panel of the board shall assess the suitability for parole release of such
86		-	person based on the following standards: (1) Whether there is
87		-	reasonable probability that such person will live and remain at liberty
88		-	without violating the law, and (2) whether the benefits to such person
89		-	and society that would result from such person's release to community
90		-	supervision substantially outweigh the benefits to such person and
91		-	society that would result from such person's continued incarceration. If
92		-	a hearing is held, and if the board determines that continued
93		-	confinement is necessary, the board shall articulate for the record the
94		-	specific reasons why such person and the public would not benefit from
95		-	such person serving a period of parole supervision while transitioning
96		-	from incarceration to the community. If a hearing is not held, the board
97		-	shall document the specific reasons for not holding a hearing and
98		-	provide such reasons to such person. No person shall be released on
99		-	parole without receiving a hearing. The decision of the board under this
100		-	subsection shall not be subject to appeal. Senate Bill No. 952
101	81
102		-	Public Act No. 23-169 4 of 13
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103	85
104		-	(e) The Board of Pardons and Paroles may hold a hearing to
105		-	determine the suitability for parole release of any person whose
106		-	eligibility for parole release is subject to the provisions of subdivision
107		-	(2) of subsection (b) of this section upon completion by such person of
108		-	eighty-five per cent of such person's definite or total effective sentence.
109		-	An employee of the board or, if deemed necessary by the chairperson, a
110		-	panel of the board shall assess the suitability for parole release of such
111		-	person based on the following standards: (1) Whether there is a
112		-	reasonable probability that such person will live and remain at liberty
113		-	without violating the law, and (2) whether the benefits to such person
114		-	and society that would result from such person's release to community
115		-	supervision substantially outweigh the benefits to such person and
116		-	society that would result from such person's continued incarceration. If
117		-	a hearing is held, and if the board determines that continued
118		-	confinement is necessary, the board shall articulate for the record the
119		-	specific reasons why such person and the public would not benefit from
120		-	such person serving a period of parole supervision while transitioning
121		-	from incarceration to the community. No hearing pursuant to the
122		-	provisions of this subsection may proceed unless the parole release
123		-	panel is in possession of the complete file for such applicant, including
124		-	any documentation from the Department of Correction, the trial
125		-	transcript, the sentencing record and any file of any previous parole
126		-	hearing. Each member of the panel shall certify that all such
127		-	documentation has been reviewed in preparation for such hearing. If a
128		-	hearing is not held, the board shall document the specific reasons for not
129		-	holding a hearing and provide such reasons to such person. No person
130		-	shall be released on parole without receiving a hearing. The decision of
131		-	the board under this subsection shall not be subject to appeal.
132		-	(f) (1) Notwithstanding the provisions of subsections (a) to (e),
133		-	inclusive, of this section, a person convicted of one or more crimes
134		-	committed while such person was under eighteen years of age, who is
135		-	incarcerated on or after October 1, 2015, and who received a definite Senate Bill No. 952
	86	+	determination pursuant to this subsection. 49
	87	+	(4) After such hearing, the board may allow such person to go at 50
	88	+	large on parole with respect to any portion of a sentence that was 51
	89	+	based on a crime or crimes committed while such person was under 52
	90	+	[eighteen] twenty-five years of age if the board finds that such parole 53
	91	+	release would be consistent with the factors set forth in subdivisions 54
	92	+	(1) to (4), inclusive, of subsection (c) of section 54-300 and if it appears, 55
	93	+	from all available information, including, but not limited to, any 56
	94	+	reports from the Commissioner of Correction, that (A) there is a 57
	95	+	reasonable probability that such person will live and remain at liberty 58
	96	+	without violating the law, (B) the benefits to such person and society 59
	97	+	that would result from such person's release to community supervision 60
	98	+	substantially outweigh the benefits to such person and society that 61
	99	+	would result from such person's continued incarceration, and (C) such 62
	100	+	person has demonstrated substantial rehabilitation since the date such 63
	101	+	crime or crimes were committed considering such person's character, 64
	102	+	background and history, as demonstrated by factors, including, but 65
	103	+	not limited to, such person's correctional record, the age and 66
	104	+	circumstances of such person as of the date of the commission of the 67
	105	+	crime or crimes, whether such person has demonstrated remorse and 68
	106	+	increased maturity since the date of the commission of the crime or 69
	107	+	crimes, such person's contributions to the welfare of other persons 70
	108	+	through service, such person's efforts to overcome substance abuse, 71
	109	+	addiction, trauma, lack of education or obstacles that such person may 72
	110	+	have faced as a [child or youth] person under twenty-five years of age 73
	111	+	in the adult correctional system, the opportunities for rehabilitation in 74
	112	+	the adult correctional system and the overall degree of such person's 75
	113	+	rehabilitation considering the nature and circumstances of the crime or 76
	114	+	crimes. 77
	115	+	(5) After such hearing, the board shall articulate for the record its 78
	116	+	decision and the reasons for its decision. If the board determines that 79
	117	+	continued confinement is necessary, the board may reassess such 80
	118	+	person's suitability for a new parole hearing at a later date to be 81 Bill No. 952
136	119
137		-	Public Act No. 23-169 5 of 13
138	120
139		-	sentence or total effective sentence of more than ten years for such crime
140		-	or crimes prior to, on or after October 1, 2015, may be allowed to go at
141		-	large on parole in the discretion of the panel of the Board of Pardons
142		-	and Paroles for the institution in which such person is confined,
143		-	provided (A) if such person is serving a sentence of fifty years or less,
144		-	such person shall be eligible for parole after serving sixty per cent of the
145		-	sentence or twelve years, whichever is greater, or (B) if such person is
146		-	serving a sentence of more than fifty years, such person shall be eligible
147		-	for parole after serving thirty years. Nothing in this subsection shall
148		-	limit a person's eligibility for parole release under the provisions of
149		-	subsections (a) to (e), inclusive, of this section if such person would be
150		-	eligible for parole release at an earlier date under any of such provisions.
151		-	(2) The board shall apply the parole eligibility rules of this subsection
152		-	only with respect to the sentence for a crime or crimes committed while
153		-	a person was under eighteen years of age. Any portion of a sentence that
154		-	is based on a crime or crimes committed while a person was eighteen
155		-	years of age or older shall be subject to the applicable parole eligibility,
156		-	suitability and release rules set forth in subsections (a) to (e), inclusive,
157		-	of this section.
158		-	(3) Whenever a person becomes eligible for parole release pursuant
159		-	to this subsection, the board shall hold a hearing to determine such
160		-	person's suitability for parole release. At least twelve months prior to
161		-	such hearing, the board shall notify the office of Chief Public Defender,
162		-	the appropriate state's attorney, the Victim Services Unit within the
163		-	Department of Correction, the Office of the Victim Advocate and the
164		-	Office of Victim Services within the Judicial Department of such
165		-	person's eligibility for parole release pursuant to this subsection. The
166		-	office of Chief Public Defender shall assign counsel for such person
167		-	pursuant to section 51-296 if such person is indigent. At any hearing to
168		-	determine such person's suitability for parole release pursuant to this
169		-	subsection, the board shall permit (A) such person to make a statement Senate Bill No. 952
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171		-	Public Act No. 23-169 6 of 13
	125	+	determined at the discretion of the board, but not earlier than two 82
	126	+	years after the date of its decision. 83
	127	+	(6) The decision of the board under this subsection shall not be 84
	128	+	subject to appeal. 85
	129	+	This act shall take effect as follows and shall amend the following
	130	+	sections:
172	131
173		-	on such person's behalf, (B) counsel for such person and the state's
174		-	attorney to submit reports and other documents, and (C) any victim of
175		-	the crime or crimes to make a statement pursuant to section 54-126a. The
176		-	board may request testimony from mental health professionals or other
177		-	relevant witnesses, and reports from the Commissioner of Correction or
178		-	other persons, as the board may require. The board shall use validated
179		-	risk assessment and needs assessment tools and its risk-based
180		-	structured decision making and release criteria established pursuant to
181		-	subsection (d) of section 54-124a in making a determination pursuant to
182		-	this subsection.
183		-	(4) After such hearing, the board may allow such person to go at large
184		-	on parole with respect to any portion of a sentence that was based on a
185		-	crime or crimes committed while such person was under eighteen years
186		-	of age if the board finds that such parole release would be consistent
187		-	with the factors set forth in subdivisions (1) to (4), inclusive, of
188		-	subsection (c) of section 54-300 and if it appears, from all available
189		-	information, including, but not limited to, any reports from the
190		-	Commissioner of Correction, that (A) there is a reasonable probability
191		-	that such person will live and remain at liberty without violating the
192		-	law, (B) the benefits to such person and society that would result from
193		-	such person's release to community supervision substantially outweigh
194		-	the benefits to such person and society that would result from such
195		-	person's continued incarceration, and (C) such person has demonstrated
196		-	substantial rehabilitation since the date such crime or crimes were
197		-	committed considering such person's character, background and
198		-	history, as demonstrated by factors, including, but not limited to, such
199		-	person's correctional record, the age and circumstances of such person
200		-	as of the date of the commission of the crime or crimes, whether such
201		-	person has demonstrated remorse and increased maturity since the date
202		-	of the commission of the crime or crimes, such person's contributions to
203		-	the welfare of other persons through service, such person's efforts to
204		-	overcome substance abuse, addiction, trauma, lack of education or Senate Bill No. 952
	132	+	Section 1 October 1, 2023 54-125a(f)
205	133
206		-	Public Act No. 23-169 7 of 13
207		-
208		-	obstacles that such person may have faced as a child or youth in the
209		-	adult correctional system, the opportunities for rehabilitation in the
210		-	adult correctional system, whether the person has also applied for or
211		-	received a sentence modification and the overall degree of such person's
212		-	rehabilitation considering the nature and circumstances of the crime or
213		-	crimes.
214		-	(5) After such hearing, the board shall articulate for the record its
215		-	decision and the reasons for its decision. If the board determines that
216		-	continued confinement is necessary, the board may reassess such
217		-	person's suitability for a new parole hearing at a later date to be
218		-	determined at the discretion of the board, but not earlier than two years
219		-	after the date of its decision.
220		-	(6) The decision of the board under this subsection shall not be subject
221		-	to appeal.
222		-	(g) (1) Notwithstanding the provisions of subsections (a) to (f),
223		-	inclusive, of this section, a person convicted of one or more crimes
224		-	committed while such person was under twenty-one years of age, who
225		-	was sentenced on or before October 1, 2005, and who received a definite
226		-	sentence or total effective sentence of more than ten years' incarceration
227		-	for such crime or crimes committed on or before October 1, 2005, may
228		-	be allowed to go at large on parole in the discretion of the panel of the
229		-	Board of Pardons and Paroles for the institution in which such person is
230		-	confined, provided (A) if such person is serving a sentence of fifty years
231		-	or less, such person shall be eligible for parole after serving sixty per
232		-	cent of the sentence or twelve years, whichever is greater, or (B) if such
233		-	person is serving a sentence of more than fifty years, such person shall
234		-	be eligible for parole after serving thirty years. Nothing in this
235		-	subsection shall limit a person's eligibility for parole release under the
236		-	provisions of subsections (a) to (f), inclusive, of this section if such
237		-	person would be eligible for parole release at an earlier date under any
238		-	of such provisions. Senate Bill No. 952
239		-
240		-	Public Act No. 23-169 8 of 13
241		-
242		-	(2) The board shall apply the parole eligibility rules of this subsection
243		-	only with respect to the sentence for a crime or crimes committed while
244		-	a person was under twenty-one years of age. Any portion of a sentence
245		-	that is based on a crime or crimes committed while a person was twenty-
246		-	one years of age or older, shall be subject to the applicable parole
247		-	eligibility, suitability and release rules set forth in subsections (a) to (e),
248		-	inclusive, of this section.
249		-	(3) Whenever a person becomes eligible for parole release pursuant
250		-	to this subsection, the board shall hold a hearing to determine such
251		-	person's suitability for parole release. At least twelve months prior to
252		-	such hearing, the board shall notify the office of Chief Public Defender,
253		-	the appropriate state's attorney, the Victim Services Unit within the
254		-	Department of Correction, the Office of the Victim Advocate and the
255		-	Office of Victim Services within the Judicial Department of such
256		-	person's eligibility for parole release pursuant to this subsection. The
257		-	office of Chief Public Defender shall assign counsel for such person
258		-	pursuant to section 51-296 if such person is indigent. At any hearing to
259		-	determine such person's suitability for parole release pursuant to this
260		-	subsection, the board shall permit (A) such person to make a statement
261		-	on such person's behalf, (B) counsel for such person and the state's
262		-	attorney to submit reports and other documents, and (C) any victim of
263		-	the crime or crimes to make a statement pursuant to section 54-126a. The
264		-	board may request testimony from mental health professionals or other
265		-	relevant witnesses, and reports from the Commissioner of Correction or
266		-	other persons, as the board may require. The board shall use validated
267		-	risk assessment and needs assessment tools and its risk-based
268		-	structured decision making and release criteria established pursuant to
269		-	subsection (d) of section 54-124a in making a determination pursuant to
270		-	this subsection.
271		-	(4) After such hearing, the board may allow such person to go at large
272		-	on parole with respect to any portion of a sentence that was based on a Senate Bill No. 952
273		-
274		-	Public Act No. 23-169 9 of 13
275		-
276		-	crime or crimes committed while such person was under twenty-one
277		-	years of age, if the board finds that such parole release would be
278		-	consistent with the factors set forth in subdivisions (1) to (4), inclusive,
279		-	of subsection (c) of section 54-300 and if it appears, from all available
280		-	information, including, but not limited to, any reports from the
281		-	Commissioner of Correction, that (A) there is a reasonable probability
282		-	that such person will live and remain at liberty without violating the
283		-	law, (B) the benefits to such person and society that would result from
284		-	such person's release to community supervision substantially outweigh
285		-	the benefits to such person and society that would result from such
286		-	person's continued incarceration, and (C) such person has demonstrated
287		-	substantial rehabilitation since the date such crime or crimes were
288		-	committed considering such person's character, background and
289		-	history, as demonstrated by factors, including, but not limited to, such
290		-	person's correctional record, the age and circumstances of such person
291		-	as of the date of the commission of the crime or crimes, whether such
292		-	person has demonstrated remorse and increased maturity since the date
293		-	of the commission of the crime or crimes, such person's contributions to
294		-	the welfare of other persons through service, such person's efforts to
295		-	overcome substance abuse, addiction, trauma, lack of education or
296		-	obstacles that such person may have faced as a person who was under
297		-	twenty-one years of age in the adult correctional system, the
298		-	opportunities for rehabilitation in the adult correctional system,
299		-	whether the person has also applied for or received a sentence
300		-	modification and the overall degree of such person's rehabilitation
301		-	considering the nature and circumstances of the crime or crimes.
302		-	(5) After such hearing, the board shall articulate for the record its
303		-	decision and the reasons for its decision. If the board determines that
304		-	continued confinement is necessary, the board may reassess such
305		-	person's suitability for a new parole hearing at a later date to be
306		-	determined at the discretion of the board, but not earlier than two years
307		-	after the date of its decision. Senate Bill No. 952
308		-
309		-	Public Act No. 23-169 10 of 13
310		-
311		-	(6) The decision of the board under this subsection shall not be subject
312		-	to appeal.
313		-	[(g)] (h) Any person released on parole under this section shall
314		-	remain in the custody of the Commissioner of Correction and be subject
315		-	to supervision by personnel of the Department of Correction during
316		-	such person's period of parole.
317		-	Sec. 2. Subsection (e) of section 54-142a of the general statutes, as
318		-	amended by public act 23-134, is repealed and the following is
319		-	substituted in lieu thereof (Effective July 1, 2023):
320		-	(e) (1) (A) Except as provided in subdivisions (2) and (3) of this
321		-	subsection, whenever any person has been convicted in any court of this
322		-	state of a classified or unclassified misdemeanor offense or a motor
323		-	vehicle violation for which a maximum term of imprisonment of not
324		-	more than one year could have been imposed, or a class D or E felony
325		-	or an unclassified felony offense for which a maximum term of
326		-	imprisonment of not more than five years could have been imposed or
327		-	a motor vehicle violation for which a maximum term of imprisonment
328		-	greater than one year and not more than five years could have been
329		-	imposed, any police or court record and record of the state's or
330		-	prosecuting attorney or the prosecuting grand juror pertaining to such
331		-	conviction, or any record pertaining to court obligations arising from
332		-	such conviction held by the Board of Pardons and Paroles shall be
333		-	erased as follows: (i) For any classified or unclassified misdemeanor
334		-	offense or a motor vehicle violation for which a maximum term of
335		-	imprisonment of not more than one year could have been imposed,
336		-	except for a violation of section 14-227a, such records shall be erased
337		-	seven years from the date on which the court entered the convicted
338		-	person's most recent judgment of conviction (I) by operation of law, if
339		-	such offense occurred on or after January 1, 2000, or (II) upon the filing
340		-	of a petition on a form prescribed by the Office of the Chief Court
341		-	Administrator, if such offense occurred prior to January 1, 2000; and (ii) Senate Bill No. 952
342		-
343		-	Public Act No. 23-169 11 of 13
344		-
345		-	for any class D or E felony, unclassified felony offense for which a
346		-	maximum term of imprisonment of not more than five years could have
347		-	been imposed or a motor vehicle violation for which a maximum term
348		-	of imprisonment in excess of one year and not more than five years
349		-	could have been imposed, or any violation of section 14-227a, such
350		-	records shall be erased ten years from the date on which the court
351		-	entered the convicted person's most recent judgment of conviction (I) by
352		-	operation of law, if such offense occurred on or after January 1, 2000, or
353		-	(II) upon the filing of a petition on a form prescribed by the Office of the
354		-	Chief Court Administrator, if such offense occurred prior to January 1,
355		-	2000.
356		-	(B) For purposes of subparagraph (A) of this subdivision, the
357		-	classification of the offense, and the maximum sentence that could have
358		-	been imposed for a conviction of such offense, shall be determined
359		-	based on the law that was in effect at the time the offense was
360		-	committed.
361		-	(2) Convictions for the following offenses shall not be eligible for
362		-	erasure pursuant to this subsection:
363		-	(A) Any conviction, on or after January 1, 2000, designated as a family
364		-	violence crime, as defined in section 46b-38a;
365		-	(B) Any conviction for an offense that is a nonviolent sexual offense
366		-	or a sexually violent offense, each as defined in section 54-250;
367		-	(C) Any conviction for a violation of section 29-33, 53a-60a, 53a-60b,
368		-	53a-60c, 53a-61a, 53a-64bb, 53a-64cc, 53a-72a, 53a-90a, 53a-103a, 53a-
369		-	181c, 53a-191, 53a-196, 53a-196d, 53a-196f, 53a-211, 53a-212, 53a-216,
370		-	53a-217, 53a-217a, 53a-217c, 53a-322, 53a-323, 54-251, 54-252, 54-253 or
371		-	54-254 or subdivision (1) of subsection (a) of section 53a-189a; or
372		-	(D) Any conviction for a violation of section 14-227a [within the
373		-	preceding ten years of any arrest] if the defendant has been convicted Senate Bill No. 952
374		-
375		-	Public Act No. 23-169 12 of 13
376		-
377		-	for [the] another violation of section 14-227a within the ten years
378		-	following such conviction.
379		-	(3) The provisions of subdivision (1) of this subsection shall not apply
380		-	to any conviction for any offense until the defendant:
381		-	(A) Has completed serving any period of incarceration, parole,
382		-	special parole, medical parole, compassionate parole or transitional
383		-	supervision associated with any sentence for such offense and any other
384		-	offense for which the defendant has been convicted on or after January
385		-	1, 2000, in this state;
386		-	(B) Has completed serving any period of probation for any sentence
387		-	for any crime or crimes for which the defendant has been convicted on
388		-	or after January 1, 2000, in this state; and
389		-	(C) Is not the subject of any pending state criminal charge in this state.
390		-	(4) If a person has been convicted of a violation of subsection (c) of
391		-	section 21a-279 prior to October 1, 2015, such conviction shall not be
392		-	considered as a most recent offense when evaluating whether a
393		-	sufficient period of time has elapsed for an offense to qualify for erasure
394		-	pursuant to this subsection.
395		-	(5) Nothing in this subsection shall limit any other procedure for
396		-	erasure of criminal history record information, as defined in section 54-
397		-	142g, or prohibit a person from participating in any such procedure,
398		-	even if such person's criminal history record information has been
399		-	erased pursuant to this section.
400		-	(6) Nothing in this subsection shall be construed to require the
401		-	Department of Motor Vehicles to erase criminal history record
402		-	information on an operator's driving record. When applicable, the
403		-	Department of Motor Vehicles shall make such criminal history record
404		-	information available through the Commercial Driver's License Senate Bill No. 952
405		-
406		-	Public Act No. 23-169 13 of 13
407		-
408		-	Information System.
409		-	(7) Nothing in this subsection shall terminate a defendant's obligation
410		-	to register as a person convicted of an offense committed with a deadly
411		-	weapon pursuant to section 54-280a, a felony for a sexual purpose
412		-	pursuant to section 54-254 or a criminal offense against a victim who is
413		-	a minor pursuant to section 54-251.
414		-	(8) No erasure under this subsection shall be construed to terminate
415		-	a defendant's obligation to abide by a standing criminal protective order
416		-	imposed under section 53a-40e or terminate a defendant's obligation to
417		-	pay any unremitted fine imposed as part of the court's sentence.
418		-	(9) Notwithstanding any provision of this section and the provisions
419		-	of section 54-142c, any record required to substantiate any defendant's
420		-	conviction shall be available to law enforcement, the court and the
421		-	state's attorney for the purpose of (A) verifying such defendant's
422		-	obligation to register pursuant to section 54-251, 54-254 or 54-280a and
423		-	prosecuting any such defendant for violating any provision of such
424		-	sections, and (B) verifying such defendant's obligation to abide by any
425		-	standing criminal protective order imposed under section 53a-40e and
426		-	prosecuting any such defendant for a violation of section 53a-223a.
	134	+	JUD Joint Favorable
427	135