Senate Bill No. 952
Public Act No. 23-169
AN ACT CONCERNING PAROLE ELIGIBILITY FOR AN INDIVIDUAL
SERVING A LENGTHY SENTENCE FOR A CRIME COMMITTED
BEFORE THE INDIVIDUAL REACHED THE AGE OF TWENTY -ONE
AND CRIMINAL HISTORY RECORDS ERASURE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 54-125a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2023):
(a) A person convicted of one or more crimes who is incarcerated on
or after October 1, 1990, who received a definite sentence or total
effective sentence of more than two years, and who has been confined
under such sentence or sentences for not less than one-half of the total
effective sentence less any risk reduction credit earned under the
provisions of section 18-98e or one-half of the most recent sentence
imposed by the court less any risk reduction credit earned under the
provisions of section 18-98e, whichever is greater, may be allowed to go
at large on parole (1) in accordance with the provisions of section 54-
125i, or (2) in the discretion of a panel of the Board of Pardons and
Paroles, if (A) it appears from all available information, including any
reports from the Commissioner of Correction that the panel may
require, that there is a reasonable probability that such inmate will live
and remain at liberty without violating the law, and (B) such release is Senate Bill No. 952
Public Act No. 23-169 2 of 13
not incompatible with the welfare of society. At the discretion of the
panel, and under the terms and conditions as may be prescribed by the
panel including requiring the parolee to submit personal reports, the
parolee shall be allowed to return to the parolee's home or to reside in a
residential community center, or to go elsewhere. The parolee shall,
while on parole, remain under the jurisdiction of the board until the
expiration of the maximum term or terms for which the parolee was
sentenced less any risk reduction credit earned under the provisions of
section 18-98e. Any parolee released on the condition that the parolee
reside in a residential community center may be required to contribute
to the cost incidental to such residence. Each order of parole shall fix the
limits of the parolee's residence, which may be changed in the discretion
of the board and the Commissioner of Correction. Within three weeks
after the commitment of each person sentenced to more than two years,
the state's attorney for the judicial district shall send to the Board of
Pardons and Paroles the record, if any, of such person.
(b) (1) No person convicted of any of the following offenses, which
was committed on or after July 1, 1981, shall be eligible for parole under
subsection (a) of this section: (A) Capital felony, as provided under the
provisions of section 53a-54b in effect prior to April 25, 2012, (B) murder
with special circumstances, as provided under the provisions of section
53a-54b in effect on or after April 25, 2012, (C) felony murder, as
provided in section 53a-54c, (D) arson murder, as provided in section
53a-54d, (E) murder, as provided in section 53a-54a, or (F) aggravated
sexual assault in the first degree, as provided in section 53a-70a. (2) A
person convicted of (A) a violation of section 53a-100aa or 53a-102, or
(B) an offense, other than an offense specified in subdivision (1) of this
subsection, where the underlying facts and circumstances of the offense
involve the use, attempted use or threatened use of physical force
against another person shall be ineligible for parole under subsection (a)
of this section until such person has served not less than eighty-five per
cent of the definite sentence imposed. Senate Bill No. 952
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(c) The Board of Pardons and Paroles shall, not later than July 1, 1996,
adopt regulations in accordance with chapter 54 to ensure that a person
convicted of an offense described in subdivision (2) of subsection (b) of
this section is not released on parole until such person has served eighty-
five per cent of the definite sentence imposed by the court. Such
regulations shall include guidelines and procedures for classifying a
person as a violent offender that are not limited to a consideration of the
elements of the offense or offenses for which such person was convicted.
(d) The Board of Pardons and Paroles may hold a hearing to
determine the suitability for parole release of any person whose
eligibility for parole release is not subject to the provisions of subsection
(b) of this section upon completion by such person of seventy-five per
cent of such person's definite or total effective sentence less any risk
reduction credit earned under the provisions of section 18-98e. An
employee of the board or, if deemed necessary by the chairperson, a
panel of the board shall assess the suitability for parole release of such
person based on the following standards: (1) Whether there is
reasonable probability that such person will live and remain at liberty
without violating the law, and (2) whether the benefits to such person
and society that would result from such person's release to community
supervision substantially outweigh the benefits to such person and
society that would result from such person's continued incarceration. If
a hearing is held, and if the board determines that continued
confinement is necessary, the board shall articulate for the record the
specific reasons why such person and the public would not benefit from
such person serving a period of parole supervision while transitioning
from incarceration to the community. If a hearing is not held, the board
shall document the specific reasons for not holding a hearing and
provide such reasons to such person. No person shall be released on
parole without receiving a hearing. The decision of the board under this
subsection shall not be subject to appeal. Senate Bill No. 952
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(e) The Board of Pardons and Paroles may hold a hearing to
determine the suitability for parole release of any person whose
eligibility for parole release is subject to the provisions of subdivision
(2) of subsection (b) of this section upon completion by such person of
eighty-five per cent of such person's definite or total effective sentence.
An employee of the board or, if deemed necessary by the chairperson, a
panel of the board shall assess the suitability for parole release of such
person based on the following standards: (1) Whether there is a
reasonable probability that such person will live and remain at liberty
without violating the law, and (2) whether the benefits to such person
and society that would result from such person's release to community
supervision substantially outweigh the benefits to such person and
society that would result from such person's continued incarceration. If
a hearing is held, and if the board determines that continued
confinement is necessary, the board shall articulate for the record the
specific reasons why such person and the public would not benefit from
such person serving a period of parole supervision while transitioning
from incarceration to the community. No hearing pursuant to the
provisions of this subsection may proceed unless the parole release
panel is in possession of the complete file for such applicant, including
any documentation from the Department of Correction, the trial
transcript, the sentencing record and any file of any previous parole
hearing. Each member of the panel shall certify that all such
documentation has been reviewed in preparation for such hearing. If a
hearing is not held, the board shall document the specific reasons for not
holding a hearing and provide such reasons to such person. No person
shall be released on parole without receiving a hearing. The decision of
the board under this subsection shall not be subject to appeal.
(f) (1) Notwithstanding the provisions of subsections (a) to (e),
inclusive, of this section, a person convicted of one or more crimes
committed while such person was under eighteen years of age, who is
incarcerated on or after October 1, 2015, and who received a definite Senate Bill No. 952
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sentence or total effective sentence of more than ten years for such crime
or crimes prior to, on or after October 1, 2015, may be allowed to go at
large on parole in the discretion of the panel of the Board of Pardons
and Paroles for the institution in which such person is confined,
provided (A) if such person is serving a sentence of fifty years or less,
such person shall be eligible for parole after serving sixty per cent of the
sentence or twelve years, whichever is greater, or (B) if such person is
serving a sentence of more than fifty years, such person shall be eligible
for parole after serving thirty years. Nothing in this subsection shall
limit a person's eligibility for parole release under the provisions of
subsections (a) to (e), inclusive, of this section if such person would be
eligible for parole release at an earlier date under any of such provisions.
(2) The board shall apply the parole eligibility rules of this subsection
only with respect to the sentence for a crime or crimes committed while
a person was under eighteen years of age. Any portion of a sentence that
is based on a crime or crimes committed while a person was eighteen
years of age or older shall be subject to the applicable parole eligibility,
suitability and release rules set forth in subsections (a) to (e), inclusive,
of this section.
(3) Whenever a person becomes eligible for parole release pursuant
to this subsection, the board shall hold a hearing to determine such
person's suitability for parole release. At least twelve months prior to
such hearing, the board shall notify the office of Chief Public Defender,
the appropriate state's attorney, the Victim Services Unit within the
Department of Correction, the Office of the Victim Advocate and the
Office of Victim Services within the Judicial Department of such
person's eligibility for parole release pursuant to this subsection. The
office of Chief Public Defender shall assign counsel for such person
pursuant to section 51-296 if such person is indigent. At any hearing to
determine such person's suitability for parole release pursuant to this
subsection, the board shall permit (A) such person to make a statement Senate Bill No. 952
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on such person's behalf, (B) counsel for such person and the state's
attorney to submit reports and other documents, and (C) any victim of
the crime or crimes to make a statement pursuant to section 54-126a. The
board may request testimony from mental health professionals or other
relevant witnesses, and reports from the Commissioner of Correction or
other persons, as the board may require. The board shall use validated
risk assessment and needs assessment tools and its risk-based
structured decision making and release criteria established pursuant to
subsection (d) of section 54-124a in making a determination pursuant to
this subsection.
(4) After such hearing, the board may allow such person to go at large
on parole with respect to any portion of a sentence that was based on a
crime or crimes committed while such person was under eighteen years
of age if the board finds that such parole release would be consistent
with the factors set forth in subdivisions (1) to (4), inclusive, of
subsection (c) of section 54-300 and if it appears, from all available
information, including, but not limited to, any reports from the
Commissioner of Correction, that (A) there is a reasonable probability
that such person will live and remain at liberty without violating the
law, (B) the benefits to such person and society that would result from
such person's release to community supervision substantially outweigh
the benefits to such person and society that would result from such
person's continued incarceration, and (C) such person has demonstrated
substantial rehabilitation since the date such crime or crimes were
committed considering such person's character, background and
history, as demonstrated by factors, including, but not limited to, such
person's correctional record, the age and circumstances of such person
as of the date of the commission of the crime or crimes, whether such
person has demonstrated remorse and increased maturity since the date
of the commission of the crime or crimes, such person's contributions to
the welfare of other persons through service, such person's efforts to
overcome substance abuse, addiction, trauma, lack of education or Senate Bill No. 952
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obstacles that such person may have faced as a child or youth in the
adult correctional system, the opportunities for rehabilitation in the
adult correctional system, whether the person has also applied for or
received a sentence modification and the overall degree of such person's
rehabilitation considering the nature and circumstances of the crime or
crimes.
(5) After such hearing, the board shall articulate for the record its
decision and the reasons for its decision. If the board determines that
continued confinement is necessary, the board may reassess such
person's suitability for a new parole hearing at a later date to be
determined at the discretion of the board, but not earlier than two years
after the date of its decision.
(6) The decision of the board under this subsection shall not be subject
to appeal.
(g) (1) Notwithstanding the provisions of subsections (a) to (f),
inclusive, of this section, a person convicted of one or more crimes
committed while such person was under twenty-one years of age, who
was sentenced on or before October 1, 2005, and who received a definite
sentence or total effective sentence of more than ten years' incarceration
for such crime or crimes committed on or before October 1, 2005, may
be allowed to go at large on parole in the discretion of the panel of the
Board of Pardons and Paroles for the institution in which such person is
confined, provided (A) if such person is serving a sentence of fifty years
or less, such person shall be eligible for parole after serving sixty per
cent of the sentence or twelve years, whichever is greater, or (B) if such
person is serving a sentence of more than fifty years, such person shall
be eligible for parole after serving thirty years. Nothing in this
subsection shall limit a person's eligibility for parole release under the
provisions of subsections (a) to (f), inclusive, of this section if such
person would be eligible for parole release at an earlier date under any
of such provisions. Senate Bill No. 952
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(2) The board shall apply the parole eligibility rules of this subsection
only with respect to the sentence for a crime or crimes committed while
a person was under twenty-one years of age. Any portion of a sentence
that is based on a crime or crimes committed while a person was twenty-
one years of age or older, shall be subject to the applicable parole
eligibility, suitability and release rules set forth in subsections (a) to (e),
inclusive, of this section.
(3) Whenever a person becomes eligible for parole release pursuant
to this subsection, the board shall hold a hearing to determine such
person's suitability for parole release. At least twelve months prior to
such hearing, the board shall notify the office of Chief Public Defender,
the appropriate state's attorney, the Victim Services Unit within the
Department of Correction, the Office of the Victim Advocate and the
Office of Victim Services within the Judicial Department of such
person's eligibility for parole release pursuant to this subsection. The
office of Chief Public Defender shall assign counsel for such person
pursuant to section 51-296 if such person is indigent. At any hearing to
determine such person's suitability for parole release pursuant to this
subsection, the board shall permit (A) such person to make a statement
on such person's behalf, (B) counsel for such person and the state's
attorney to submit reports and other documents, and (C) any victim of
the crime or crimes to make a statement pursuant to section 54-126a. The
board may request testimony from mental health professionals or other
relevant witnesses, and reports from the Commissioner of Correction or
other persons, as the board may require. The board shall use validated
risk assessment and needs assessment tools and its risk-based
structured decision making and release criteria established pursuant to
subsection (d) of section 54-124a in making a determination pursuant to
this subsection.
(4) After such hearing, the board may allow such person to go at large
on parole with respect to any portion of a sentence that was based on a Senate Bill No. 952
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crime or crimes committed while such person was under twenty-one
years of age, if the board finds that such parole release would be
consistent with the factors set forth in subdivisions (1) to (4), inclusive,
of subsection (c) of section 54-300 and if it appears, from all available
information, including, but not limited to, any reports from the
Commissioner of Correction, that (A) there is a reasonable probability
that such person will live and remain at liberty without violating the
law, (B) the benefits to such person and society that would result from
such person's release to community supervision substantially outweigh
the benefits to such person and society that would result from such
person's continued incarceration, and (C) such person has demonstrated
substantial rehabilitation since the date such crime or crimes were
committed considering such person's character, background and
history, as demonstrated by factors, including, but not limited to, such
person's correctional record, the age and circumstances of such person
as of the date of the commission of the crime or crimes, whether such
person has demonstrated remorse and increased maturity since the date
of the commission of the crime or crimes, such person's contributions to
the welfare of other persons through service, such person's efforts to
overcome substance abuse, addiction, trauma, lack of education or
obstacles that such person may have faced as a person who was under
twenty-one years of age in the adult correctional system, the
opportunities for rehabilitation in the adult correctional system,
whether the person has also applied for or received a sentence
modification and the overall degree of such person's rehabilitation
considering the nature and circumstances of the crime or crimes.
(5) After such hearing, the board shall articulate for the record its
decision and the reasons for its decision. If the board determines that
continued confinement is necessary, the board may reassess such
person's suitability for a new parole hearing at a later date to be
determined at the discretion of the board, but not earlier than two years
after the date of its decision. Senate Bill No. 952
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(6) The decision of the board under this subsection shall not be subject
to appeal.
[(g)] (h) Any person released on parole under this section shall
remain in the custody of the Commissioner of Correction and be subject
to supervision by personnel of the Department of Correction during
such person's period of parole.
Sec. 2. Subsection (e) of section 54-142a of the general statutes, as
amended by public act 23-134, is repealed and the following is
substituted in lieu thereof (Effective July 1, 2023):
(e) (1) (A) Except as provided in subdivisions (2) and (3) of this
subsection, whenever any person has been convicted in any court of this
state of a classified or unclassified misdemeanor offense or a motor
vehicle violation for which a maximum term of imprisonment of not
more than one year could have been imposed, or a class D or E felony
or an unclassified felony offense for which a maximum term of
imprisonment of not more than five years could have been imposed or
a motor vehicle violation for which a maximum term of imprisonment
greater than one year and not more than five years could have been
imposed, any police or court record and record of the state's or
prosecuting attorney or the prosecuting grand juror pertaining to such
conviction, or any record pertaining to court obligations arising from
such conviction held by the Board of Pardons and Paroles shall be
erased as follows: (i) For any classified or unclassified misdemeanor
offense or a motor vehicle violation for which a maximum term of
imprisonment of not more than one year could have been imposed,
except for a violation of section 14-227a, such records shall be erased
seven years from the date on which the court entered the convicted
person's most recent judgment of conviction (I) by operation of law, if
such offense occurred on or after January 1, 2000, or (II) upon the filing
of a petition on a form prescribed by the Office of the Chief Court
Administrator, if such offense occurred prior to January 1, 2000; and (ii) Senate Bill No. 952
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for any class D or E felony, unclassified felony offense for which a
maximum term of imprisonment of not more than five years could have
been imposed or a motor vehicle violation for which a maximum term
of imprisonment in excess of one year and not more than five years
could have been imposed, or any violation of section 14-227a, such
records shall be erased ten years from the date on which the court
entered the convicted person's most recent judgment of conviction (I) by
operation of law, if such offense occurred on or after January 1, 2000, or
(II) upon the filing of a petition on a form prescribed by the Office of the
Chief Court Administrator, if such offense occurred prior to January 1,
2000.
(B) For purposes of subparagraph (A) of this subdivision, the
classification of the offense, and the maximum sentence that could have
been imposed for a conviction of such offense, shall be determined
based on the law that was in effect at the time the offense was
committed.
(2) Convictions for the following offenses shall not be eligible for
erasure pursuant to this subsection:
(A) Any conviction, on or after January 1, 2000, designated as a family
violence crime, as defined in section 46b-38a;
(B) Any conviction for an offense that is a nonviolent sexual offense
or a sexually violent offense, each as defined in section 54-250;
(C) Any conviction for a violation of section 29-33, 53a-60a, 53a-60b,
53a-60c, 53a-61a, 53a-64bb, 53a-64cc, 53a-72a, 53a-90a, 53a-103a, 53a-
181c, 53a-191, 53a-196, 53a-196d, 53a-196f, 53a-211, 53a-212, 53a-216,
53a-217, 53a-217a, 53a-217c, 53a-322, 53a-323, 54-251, 54-252, 54-253 or
54-254 or subdivision (1) of subsection (a) of section 53a-189a; or
(D) Any conviction for a violation of section 14-227a [within the
preceding ten years of any arrest] if the defendant has been convicted Senate Bill No. 952
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for [the] another violation of section 14-227a within the ten years
following such conviction.
(3) The provisions of subdivision (1) of this subsection shall not apply
to any conviction for any offense until the defendant:
(A) Has completed serving any period of incarceration, parole,
special parole, medical parole, compassionate parole or transitional
supervision associated with any sentence for such offense and any other
offense for which the defendant has been convicted on or after January
1, 2000, in this state;
(B) Has completed serving any period of probation for any sentence
for any crime or crimes for which the defendant has been convicted on
or after January 1, 2000, in this state; and
(C) Is not the subject of any pending state criminal charge in this state.
(4) If a person has been convicted of a violation of subsection (c) of
section 21a-279 prior to October 1, 2015, such conviction shall not be
considered as a most recent offense when evaluating whether a
sufficient period of time has elapsed for an offense to qualify for erasure
pursuant to this subsection.
(5) Nothing in this subsection shall limit any other procedure for
erasure of criminal history record information, as defined in section 54-
142g, or prohibit a person from participating in any such procedure,
even if such person's criminal history record information has been
erased pursuant to this section.
(6) Nothing in this subsection shall be construed to require the
Department of Motor Vehicles to erase criminal history record
information on an operator's driving record. When applicable, the
Department of Motor Vehicles shall make such criminal history record
information available through the Commercial Driver's License Senate Bill No. 952
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Information System.
(7) Nothing in this subsection shall terminate a defendant's obligation
to register as a person convicted of an offense committed with a deadly
weapon pursuant to section 54-280a, a felony for a sexual purpose
pursuant to section 54-254 or a criminal offense against a victim who is
a minor pursuant to section 54-251.
(8) No erasure under this subsection shall be construed to terminate
a defendant's obligation to abide by a standing criminal protective order
imposed under section 53a-40e or terminate a defendant's obligation to
pay any unremitted fine imposed as part of the court's sentence.
(9) Notwithstanding any provision of this section and the provisions
of section 54-142c, any record required to substantiate any defendant's
conviction shall be available to law enforcement, the court and the
state's attorney for the purpose of (A) verifying such defendant's
obligation to register pursuant to section 54-251, 54-254 or 54-280a and
prosecuting any such defendant for violating any provision of such
sections, and (B) verifying such defendant's obligation to abide by any
standing criminal protective order imposed under section 53a-40e and
prosecuting any such defendant for a violation of section 53a-223a.