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General Assembly Raised Bill No. 1502
January Session, 2025
LCO No. 6193
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING SENTENCE REDUCTION OR RELIEF FOR
SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT,
STALKING OR HUMAN TRAFFICKING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53a-35a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
[For] (a) Except as provided in subsection (b) of this section, for any 3
felony committed on or after July 1, 1981, the sentence of imprisonment 4
shall be a definite sentence and, unless the section of the general statutes 5
that defines or provides the penalty for the crime specifically provides 6
otherwise, the term shall be fixed by the court as follows: 7
(1) (A) For a capital felony committed prior to April 25, 2012, under 8
the provisions of section 53a-54b in effect prior to April 25, 2012, a term 9
of life imprisonment without the possibility of release unless a sentence 10
of death is imposed in accordance with section 53a-46a, or (B) for the 11
class A felony of murder with special circumstances committed on or 12
after April 25, 2012, under the provisions of section 53a-54b in effect on 13
or after April 25, 2012, a term of life imprisonment without the 14
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possibility of release; 15
(2) For the class A felony of murder, a term not less than twenty-five 16
years nor more than life; 17
(3) For the class A felony of aggravated sexual assault of a minor 18
under section 53a-70c, a term not less than twenty-five years or more 19
than fifty years; 20
(4) For a class A felony other than an offense specified in subdivision 21
(2) or (3) of this section, a term not less than ten years nor more than 22
twenty-five years; 23
(5) For the class B felony of manslaughter in the first degree with a 24
firearm under section 53a-55a, a term not less than five years nor more 25
than forty years; 26
(6) For a class B felony other than manslaughter in the first degree 27
with a firearm under section 53a-55a, a term not less than one year nor 28
more than twenty years; 29
(7) For a class C felony, a term not less than one year nor more than 30
ten years; 31
(8) For a class D felony, a term not more than five years; 32
(9) For a class E felony, a term not more than three years; and 33
(10) For an unclassified felony, a term in accordance with the sentence 34
specified in the section of the general statutes that defines or provides 35
the penalty for the crime. 36
(b) (1) Prior to a court imposing a sentence of imprisonment for a 37
felony offense, a defendant may move for application of this subsection 38
to such defendant's sentence. Upon such motion and a determination by 39
the court that (A) the defendant is a survivor of domestic violence, 40
sexual assault, stalking or trafficking in persons, and (B) domestic 41
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violence, sexual assault, stalking or trafficking in persons was a 42
contributing factor in the commission of the offense, the court shall 43
impose a sentence in accordance with this subsection. 44
(2) For purposes of this subsection, (A) "domestic violence" has the 45
same meaning as provided in subsection (b) of section 46b-1; (B) "sexual 46
assault" means any act that constitutes a violation of section 53a-70b of 47
the general statutes, revision of 1958, revised to January 1, 2019, or 48
section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a; (C) 49
"stalking" means any act that constitutes a violation of section 53a-181c, 50
53a-181d, 53a-181e or 53a-181f; (D) "trafficking in persons" means 51
trafficking in persons under section 53a-192a or a criminal violation of 52
18 USC Chapter 77, as amended from time to time; and (E) "contributing 53
factor" means a factor that influences an offense but is not necessarily 54
the sole, primary, substantial or major factor leading to the offense. 55
(3) Such defendant shall provide the court at least two pieces of 56
documented proof corroborating that the defendant is a survivor of 57
domestic violence, sexual assault, stalking or trafficking in persons that 58
may include, but need not be limited to, a signed affidavit attesting to 59
subparagraphs (A) and (B) of subdivision (1) of this subsection; a court 60
record; presentence report; social services record; hospital record; law 61
enforcement record; restraining order or protective order pursuant to 62
section 46b-15, 46b-16a or 46b-38c, subsection (f) of section 53a-28 or 63
section 53a-40e or 54-1k, or a foreign order of protection, as defined in 64
section 46b-15a; sworn statement from a person with direct or indirect 65
knowledge of the domestic violence, sexual assault, stalking or 66
trafficking in persons; documentation prepared at or near the time of the 67
commission or prosecution of the present offense tending to support the 68
claims of the defendant; records provided by a licensed medical care 69
provider or mental health care provider; or sworn statements from a 70
member of the clergy, an attorney or a social worker, or a domestic 71
violence counselor or sexual assault counselor, each as defined in 72
section 52-146k, or other advocate acting on behalf of a survivor of 73
domestic violence, sexual assault, stalking or trafficking in persons. 74
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(4) At any time prior to sentencing, the court shall consider testimony 75
from witnesses offered by the prosecution or defense, consider oral and 76
written arguments and consider any other evidence relevant to the 77
court's determination of whether domestic violence, sexual assault, 78
stalking or trafficking in persons was a contributing factor in the 79
commission of the defendant's offense. Reliable hearsay evidence shall 80
be admissible at the hearing for purposes of this subsection. 81
(5) Notwithstanding any provision of the general statutes providing 82
a term of imprisonment for a felony offense, including a mandatory 83
minimum sentence, if the court finds by a preponderance of the 84
evidence that domestic violence, sexual assault, stalking or trafficking 85
in persons was a contributing factor in the commission of the offense, 86
the court shall depart from the applicable sentence under subsection (a) 87
of this section or the sentence provided under the section of the general 88
statutes for the applicable offense, to the ranges provided as follows: (A) 89
A term of life imprisonment without the possibility of release shall be 90
reduced to a term of thirty years imprisonment or less; (B) a term of fifty 91
years of imprisonment or more, but not life imprisonment without the 92
possibility of release, shall be reduced to a term of twenty-five years 93
imprisonment or less; (C) a term of forty years of imprisonment or more, 94
up to, but not including, fifty years imprisonment, shall be reduced to a 95
term of twenty years imprisonment or less; (D) a term of thirty years of 96
imprisonment or more, up to, but not including, a term of forty years 97
imprisonment, shall be reduced to a term of fifteen years imprisonment 98
or less; (E) a term of twenty-five years of imprisonment or more, up to, 99
but not including, a term of thirty years imprisonment, shall be reduced 100
to a term of twelve and one-half years imprisonment or less; (F) a term 101
of twenty years of imprisonment or more, up to, but not including, a 102
term of twenty-five years imprisonment, shall be reduced to a term of 103
ten years imprisonment or less; (G) a term of ten years of imprisonment 104
or more, up to, but not including, a term of twenty years imprisonment, 105
shall be reduced to a term of five years imprisonment or less; (H) a term 106
of five years of imprisonment or more, up to, but not including, a term 107
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of ten years imprisonment, shall be reduced to a term of five years 108
imprisonment or less; and (I) a term of three years of imprisonment or 109
more, up to, but not including, a term of five years imprisonment, shall 110
be reduced to a term of eighteen months imprisonment or less. 111
(6) If the court finds that such defendant has not met the requirements 112
to apply for relief as provided for in subdivision (1) of this subsection, 113
the court shall deny such defendant's motion without prejudice. 114
(7) Nothing in this subsection shall preclude a defendant from 115
seeking or obtaining relief under section 51-195, 51-196, 53a-39, as 116
amended by this act, 54-95c, 54-125a, as amended by this act, or 54-130a, 117
as amended by this act, or any other statute pertaining to sentence 118
reduction relief. 119
Sec. 2. Section 53a-39 of the general statutes is repealed and the 120
following is substituted in lieu thereof (Effective October 1, 2025): 121
(a) Except as provided in subsection (b) of this section, at any time 122
during an executed period of incarceration, the sentencing court or 123
judge may, after hearing and for good cause shown, reduce the sentence, 124
order the defendant discharged, or order the defendant discharged on 125
probation or conditional discharge for a period not to exceed that to 126
which the defendant could have been originally sentenced. 127
(b) [On] Except as provided in subsection (g) of this section, on and 128
after October 1, 2021, at any time during the period of a sentence in 129
which a defendant has been sentenced prior to, on or after October 1, 130
2021, to an executed period of incarceration of more than seven years as 131
a result of a plea agreement, including an agreement in which there is 132
an agreed upon range of sentence, upon agreement of the defendant and 133
the state's attorney to seek review of the sentence, the sentencing court 134
or judge may, after hearing and for good cause shown, reduce the 135
sentence, order the defendant discharged, or order the defendant 136
discharged on probation or conditional discharge for a period not to 137
exceed that to which the defendant could have been originally 138
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sentenced. 139
(c) If, after a hearing pursuant to this section, the sentencing court or 140
judge denies or grants in full a motion to reduce a defendant's sentence 141
or discharge the defendant, the defendant may not file a subsequent 142
motion for relief under this section until five years have elapsed from 143
the date of the most recent decision denying such defendant relief 144
pursuant to this section. If, after a hearing pursuant to this section, the 145
sentencing court or judge grants in part a motion to reduce a defendant's 146
sentence, the defendant may not file a subsequent motion for relief 147
under this section until three years from the date of the most recent 148
decision granting such defendant relief pursuant to this section. 149
(d) [The] Except as provided in subsection (g) of this section, the 150
provisions of this section shall not apply to any portion of a sentence 151
imposed that is a mandatory minimum sentence for an offense which 152
may not be suspended or reduced by the court. 153
(e) At the time the defendant files a motion with the court, the 154
defendant shall provide the state with a copy of the motion and any 155
materials and documentation filed with the court in support of such 156
motion. 157
(f) At a hearing held by the sentencing court or judge under this 158
section, such court or judge shall permit any victim of the crime to 159
appear before the court or judge for the purpose of making a statement 160
for the record concerning whether or not the sentence of the defendant 161
should be reduced, the defendant should be discharged or the 162
defendant should be discharged on probation or conditional discharge 163
pursuant to subsection (a) or (b) of this section. In lieu of such 164
appearance, the victim may submit a written statement to the court or 165
judge and the court or judge shall make such statement a part of the 166
record at the hearing. For the purposes of this subsection, "victim" 167
means the victim, the legal representative of the victim or a member of 168
the deceased victim's immediate family. 169
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(g) (1) Any defendant filing a motion for sentence modification 170
pursuant to subsections (a) and (b) of this subsection shall have the 171
opportunity to present evidence demonstrating that (A) the defendant 172
is a survivor of domestic violence, sexual assault, stalking or trafficking 173
in persons, and (B) domestic violence, sexual assault, stalking or 174
trafficking in persons was a contributing factor in the commission of the 175
offense. 176
(2) For purposes of this subsection "domestic violence", "sexual 177
assault", "stalking", "trafficking in persons" and "contributing factor" 178
have the same meaning as provided in subsection (b) of section 53a-35a, 179
as amended by this act. 180
(3) Any defendant seeking consideration pursuant to this subsection 181
shall provide the court at least two pieces of documented proof 182
corroborating that the defendant is a survivor of domestic violence, 183
sexual assault, stalking or trafficking in persons that may include, but 184
need not be limited to, a signed affidavit attesting to subparagraphs (A) 185
and (B) of subdivision (1) of this subsection; a court record; presentence 186
report; social services record; hospital record; law enforcement record; 187
restraining order or protective order pursuant to section 46b-15, 46b-16a 188
or 46b-38c, subsection (f) of section 53a-28 or section 53a-40e or 54-1k, or 189
a foreign order of protection, as defined in section 46b-15a; sworn 190
statement from a person with direct or indirect knowledge of the 191
domestic violence, sexual assault, stalking or trafficking in persons; 192
documentation prepared at or near the time of the commission or 193
prosecution of the offense tending to support the claims of the 194
defendant; records provided by a licensed medical care provider or 195
mental health care provider; or sworn statements from a member of the 196
clergy, an attorney or a social worker, or a domestic violence counselor 197
or sexual assault counselor, each as defined in section 52-146k, or other 198
advocate acting on behalf of a survivor of domestic violence, sexual 199
assault, stalking or trafficking in persons. Any defendant who complies 200
with this subdivision shall be granted a hearing pursuant to this section. 201
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(4) At a hearing held under this section, the court shall take testimony 202
from witnesses offered by the state or defense, consider oral and written 203
arguments and consider any other evidence relevant to the court's 204
determination of whether domestic violence, sexual assault, stalking or 205
trafficking in persons was a contributing factor in the commission of the 206
defendant's offense. Reliable hearsay shall be admissible for purposes of 207
this subsection. The court may determine that violence or abuse the 208
defendant suffered due to being subjected to domestic violence, sexual 209
assault, stalking or trafficking in persons was related to and was a 210
contributing factor to the offense regardless of whether the defendant 211
had previously raised evidence of domestic violence, sexual assault, 212
stalking or trafficking in persons during the defendant's trial, plea 213
negotiations or sentencing hearing. 214
(5) Regardless of whether the defendant is subject to a mandatory 215
minimum sentence, if the court finds by a preponderance of the 216
evidence that (A) the defendant is a survivor of domestic violence, 217
sexual assault, stalking or trafficking in persons, and (B) domestic 218
violence, sexual assault, stalking or trafficking in persons was a 219
contributing factor in the commission of the offense, the court shall 220
reduce the sentence in accordance with subdivision (5) of subsection (b) 221
of section 53a-35a, as amended by this act. 222
(6) The court may waive the timeline under subsection (c) of this 223
section if the defendant presents new evidence or shows good cause for 224
delay in presenting evidence. 225
(7) If the court finds that such defendant has not met the requirements 226
to apply for relief as provided for in subdivision (1) of this subsection, 227
the court shall notify the defendant and deny such defendant's request 228
without prejudice. 229
(8) Nothing in this subsection shall preclude a defendant from 230
seeking or obtaining relief under section 51-195, 51-196, 53a-39, as 231
amended by this act, 54-95c, 54-125a, as amended by this act, or 54-130a, 232
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as amended by this act, or any other statute pertaining to sentence 233
reduction relief. 234
Sec. 3. Section 54-125a of the general statutes is repealed and the 235
following is substituted in lieu thereof (Effective October 1, 2025): 236
(a) A person convicted of one or more crimes who is incarcerated on 237
or after October 1, 1990, who received a definite sentence or total 238
effective sentence of more than two years, and who has been confined 239
under such sentence or sentences for not less than one-half of the total 240
effective sentence less any risk reduction credit earned under the 241
provisions of section 18-98e or one-half of the most recent sentence 242
imposed by the court less any risk reduction credit earned under the 243
provisions of section 18-98e, whichever is greater, may be allowed to go 244
at large on parole (1) in accordance with the provisions of section 54-245
125i, or (2) in the discretion of a panel of the Board of Pardons and 246
Paroles, if (A) it appears from all available information, including any 247
reports from the Commissioner of Correction that the panel may 248
require, that there is a reasonable probability that such inmate will live 249
and remain at liberty without violating the law, and (B) such release is 250
not incompatible with the welfare of society. At the discretion of the 251
panel, and under the terms and conditions as may be prescribed by the 252
panel including requiring the parolee to submit personal reports, the 253
parolee shall be allowed to return to the parolee's home or to reside in a 254
residential community center, or to go elsewhere. The parolee shall, 255
while on parole, remain under the jurisdiction of the board until the 256
expiration of the maximum term or terms for which the parolee was 257
sentenced less any risk reduction credit earned under the provisions of 258
section 18-98e. Any parolee released on the condition that the parolee 259
reside in a residential community center may be required to contribute 260
to the cost incidental to such residence. Each order of parole shall fix the 261
limits of the parolee's residence, which may be changed in the discretion 262
of the board and the Commissioner of Correction. Within three weeks 263
after the commitment of each person sentenced to more than two years, 264
the state's attorney for the judicial district shall send to the Board of 265
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Pardons and Paroles the record, if any, of such person. 266
(b) (1) No person convicted of any of the following offenses, which 267
was committed on or after July 1, 1981, shall be eligible for parole under 268
subsection (a) of this section: (A) Capital felony, as provided under the 269
provisions of section 53a-54b in effect prior to April 25, 2012, (B) murder 270
with special circumstances, as provided under the provisions of section 271
53a-54b in effect on or after April 25, 2012, (C) felony murder, as 272
provided in section 53a-54c, (D) arson murder, as provided in section 273
53a-54d, (E) murder, as provided in section 53a-54a, or (F) aggravated 274
sexual assault in the first degree, as provided in section 53a-70a. (2) A 275
person convicted of (A) a violation of section 53a-100aa or 53a-102, or 276
(B) an offense, other than an offense specified in subdivision (1) of this 277
subsection, where the underlying facts and circumstances of the offense 278
involve the use, attempted use or threatened use of physical force 279
against another person shall be ineligible for parole under subsection (a) 280
of this section until such person has served not less than eighty-five per 281
cent of the definite sentence imposed. 282
(c) The Board of Pardons and Paroles shall, not later than July 1, 1996, 283
adopt regulations in accordance with chapter 54 to ensure that a person 284
convicted of an offense described in subdivision (2) of subsection (b) of 285
this section is not released on parole until such person has served eighty-286
five per cent of the definite sentence imposed by the court. Such 287
regulations shall include guidelines and procedures for classifying a 288
person as a violent offender that are not limited to a consideration of the 289
elements of the offense or offenses for which such person was convicted. 290
(d) The Board of Pardons and Paroles may hold a hearing to 291
determine the suitability for parole release of any person whose 292
eligibility for parole release is not subject to the provisions of subsection 293
(b) of this section upon completion by such person of seventy-five per 294
cent of such person's definite or total effective sentence less any risk 295
reduction credit earned under the provisions of section 18-98e. An 296
employee of the board or, if deemed necessary by the chairperson, a 297
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panel of the board shall assess the suitability for parole release of such 298
person based on the following standards: (1) Whether there is 299
reasonable probability that such person will live and remain at liberty 300
without violating the law, and (2) whether the benefits to such person 301
and society that would result from such person's release to community 302
supervision substantially outweigh the benefits to such person and 303
society that would result from such person's continued incarceration. If 304
a hearing is held, and if the board determines that continued 305
confinement is necessary, the board shall articulate for the record the 306
specific reasons why such person and the public would not benefit from 307
such person serving a period of parole supervision while transitioning 308
from incarceration to the community. If a hearing is not held, the board 309
shall document the specific reasons for not holding a hearing and 310
provide such reasons to such person. No person shall be released on 311
parole without receiving a hearing. The decision of the board under this 312
subsection shall not be subject to appeal. 313
(e) The Board of Pardons and Paroles may hold a hearing to 314
determine the suitability for parole release of any person whose 315
eligibility for parole release is subject to the provisions of subdivision 316
(2) of subsection (b) of this section upon completion by such person of 317
eighty-five per cent of such person's definite or total effective sentence. 318
An employee of the board or, if deemed necessary by the chairperson, a 319
panel of the board shall assess the suitability for parole release of such 320
person based on the following standards: (1) Whether there is a 321
reasonable probability that such person will live and remain at liberty 322
without violating the law, and (2) whether the benefits to such person 323
and society that would result from such person's release to community 324
supervision substantially outweigh the benefits to such person and 325
society that would result from such person's continued incarceration. If 326
a hearing is held, and if the board determines that continued 327
confinement is necessary, the board shall articulate for the record the 328
specific reasons why such person and the public would not benefit from 329
such person serving a period of parole supervision while transitioning 330
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from incarceration to the community. No hearing pursuant to the 331
provisions of this subsection may proceed unless the parole release 332
panel is in possession of the complete file for such applicant, including 333
any documentation from the Department of Correction, the trial 334
transcript, the sentencing record and any file of any previous parole 335
hearing. Each member of the panel shall certify that all such 336
documentation has been reviewed in preparation for such hearing. If a 337
hearing is not held, the board shall document the specific reasons for not 338
holding a hearing and provide such reasons to such person. No person 339
shall be released on parole without receiving a hearing. The decision of 340
the board under this subsection shall not be subject to appeal. 341
(f) (1) Notwithstanding the provisions of subsections (a) to (e), 342
inclusive, of this section, a person convicted of one or more crimes 343
committed while such person was under eighteen years of age, who is 344
incarcerated on or after October 1, 2015, and who received a definite 345
sentence or total effective sentence of more than ten years for such crime 346
or crimes prior to, on or after October 1, 2015, may be allowed to go at 347
large on parole in the discretion of the panel of the Board of Pardons 348
and Paroles for the institution in which such person is confined, 349
provided (A) if such person is serving a sentence of fifty years or less, 350
such person shall be eligible for parole after serving sixty per cent of the 351
sentence or twelve years, whichever is greater, or (B) if such person is 352
serving a sentence of more than fifty years, such person shall be eligible 353
for parole after serving thirty years. Nothing in this subsection shall 354
limit a person's eligibility for parole release under the provisions of 355
subsections (a) to (e), inclusive, of this section if such person would be 356
eligible for parole release at an earlier date under any of such provisions. 357
(2) The board shall apply the parole eligibility rules of this subsection 358
only with respect to the sentence for a crime or crimes committed while 359
a person was under eighteen years of age. Any portion of a sentence that 360
is based on a crime or crimes committed while a person was eighteen 361
years of age or older shall be subject to the applicable parole eligibility, 362
suitability and release rules set forth in subsections (a) to (e), inclusive, 363
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of this section. 364
(3) Whenever a person becomes eligible for parole release pursuant 365
to this subsection, the board shall hold a hearing to determine such 366
person's suitability for parole release. At least twelve months prior to 367
such hearing, the board shall notify the office of Chief Public Defender, 368
the appropriate state's attorney, the Victim Services Unit within the 369
Department of Correction, the Office of the Victim Advocate and the 370
Office of Victim Services within the Judicial Department of such 371
person's eligibility for parole release pursuant to this subsection. The 372
office of Chief Public Defender shall assign counsel for such person 373
pursuant to section 51-296 if such person is indigent. At any hearing to 374
determine such person's suitability for parole release pursuant to this 375
subsection, the board shall permit (A) such person to make a statement 376
on such person's behalf, (B) counsel for such person and the state's 377
attorney to submit reports and other documents, and (C) any victim of 378
the crime or crimes to make a statement pursuant to section 54-126a. The 379
board may request testimony from mental health professionals or other 380
relevant witnesses, and reports from the Commissioner of Correction or 381
other persons, as the board may require. The board shall use validated 382
risk assessment and needs assessment tools and its risk-based 383
structured decision making and release criteria established pursuant to 384
subsection (d) of section 54-124a in making a determination pursuant to 385
this subsection. 386
(4) After such hearing, the board may allow such person to go at large 387
on parole with respect to any portion of a sentence that was based on a 388
crime or crimes committed while such person was under eighteen years 389
of age if the board finds that such parole release would be consistent 390
with the factors set forth in subdivisions (1) to (4), inclusive, of 391
subsection (c) of section 54-300 and if it appears, from all available 392
information, including, but not limited to, any reports from the 393
Commissioner of Correction, that (A) there is a reasonable probability 394
that such person will live and remain at liberty without violating the 395
law, (B) the benefits to such person and society that would result from 396
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such person's release to community supervision substantially outweigh 397
the benefits to such person and society that would result from such 398
person's continued incarceration, and (C) such person has demonstrated 399
substantial rehabilitation since the date such crime or crimes were 400
committed considering such person's character, background and 401
history, as demonstrated by factors, including, but not limited to, such 402
person's correctional record, the age and circumstances of such person 403
as of the date of the commission of the crime or crimes, whether such 404
person has demonstrated remorse and increased maturity since the date 405
of the commission of the crime or crimes, such person's contributions to 406
the welfare of other persons through service, such person's efforts to 407
overcome substance abuse, addiction, trauma, lack of education or 408
obstacles that such person may have faced as a child or youth in the 409
adult correctional system, the opportunities for rehabilitation in the 410
adult correctional system, whether the person has also applied for or 411
received a sentence modification and the overall degree of such person's 412
rehabilitation considering the nature and circumstances of the crime or 413
crimes. 414
(5) After such hearing, the board shall articulate for the record its 415
decision and the reasons for its decision. If the board determines that 416
continued confinement is necessary, the board may reassess such 417
person's suitability for a new parole hearing at a later date to be 418
determined at the discretion of the board, but not earlier than two years 419
after the date of its decision. 420
(6) The decision of the board under this subsection shall not be subject 421
to appeal. 422
(g) (1) Notwithstanding the provisions of subsections (a) to (f), 423
inclusive, of this section, a person convicted of one or more crimes 424
committed while such person was under twenty-one years of age, who 425
was sentenced on or before October 1, 2005, and who received a definite 426
sentence or total effective sentence of more than ten years' incarceration 427
for such crime or crimes committed on or before October 1, 2005, may 428
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be allowed to go at large on parole in the discretion of the panel of the 429
Board of Pardons and Paroles for the institution in which such person is 430
confined, provided (A) if such person is serving a sentence of fifty years 431
or less, such person shall be eligible for parole after serving sixty per 432
cent of the sentence or twelve years, whichever is greater, or (B) if such 433
person is serving a sentence of more than fifty years, such person shall 434
be eligible for parole after serving thirty years. Nothing in this 435
subsection shall limit a person's eligibility for parole release under the 436
provisions of subsections (a) to (f), inclusive, of this section if such 437
person would be eligible for parole release at an earlier date under any 438
of such provisions. 439
(2) The board shall apply the parole eligibility rules of this subsection 440
only with respect to the sentence for a crime or crimes committed while 441
a person was under twenty-one years of age. Any portion of a sentence 442
that is based on a crime or crimes committed while a person was twenty-443
one years of age or older shall be subject to the applicable parole 444
eligibility, suitability and release rules set forth in subsections (a) to (e), 445
inclusive, of this section. 446
(3) Whenever a person becomes eligible for parole release pursuant 447
to this subsection, the board shall hold a hearing to determine such 448
person's suitability for parole release. At least twelve months prior to 449
such hearing, the board shall notify the office of Chief Public Defender, 450
the appropriate state's attorney, the Victim Services Unit within the 451
Department of Correction, the Office of the Victim Advocate and the 452
Office of Victim Services within the Judicial Department of such 453
person's eligibility for parole release pursuant to this subsection. The 454
office of Chief Public Defender shall assign counsel for such person 455
pursuant to section 51-296 if such person is indigent. At any hearing to 456
determine such person's suitability for parole release pursuant to this 457
subsection, the board shall permit (A) such person to make a statement 458
on such person's behalf, (B) counsel for such person and the state's 459
attorney to submit reports and other documents, and (C) any victim of 460
the crime or crimes to make a statement pursuant to section 54-126a. The 461
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board may request testimony from mental health professionals or other 462
relevant witnesses, and reports from the Commissioner of Correction or 463
other persons, as the board may require. The board shall use validated 464
risk assessment and needs assessment tools and its risk-based 465
structured decision making and release criteria established pursuant to 466
subsection (d) of section 54-124a in making a determination pursuant to 467
this subsection. 468
(4) After such hearing, the board may allow such person to go at large 469
on parole with respect to any portion of a sentence that was based on a 470
crime or crimes committed while such person was under twenty-one 471
years of age, if the board finds that such parole release would be 472
consistent with the factors set forth in subdivisions (1) to (4), inclusive, 473
of subsection (c) of section 54-300 and if it appears, from all available 474
information, including, but not limited to, any reports from the 475
Commissioner of Correction, that (A) there is a reasonable probability 476
that such person will live and remain at liberty without violating the 477
law, (B) the benefits to such person and society that would result from 478
such person's release to community supervision substantially outweigh 479
the benefits to such person and society that would result from such 480
person's continued incarceration, and (C) such person has demonstrated 481
substantial rehabilitation since the date such crime or crimes were 482
committed considering such person's character, background and 483
history, as demonstrated by factors, including, but not limited to, such 484
person's correctional record, the age and circumstances of such person 485
as of the date of the commission of the crime or crimes, whether such 486
person has demonstrated remorse and increased maturity since the date 487
of the commission of the crime or crimes, such person's contributions to 488
the welfare of other persons through service, such person's efforts to 489
overcome substance abuse, addiction, trauma, lack of education or 490
obstacles that such person may have faced as a person who was under 491
twenty-one years of age in the adult correctional system, the 492
opportunities for rehabilitation in the adult correctional system, 493
whether the person has also applied for or received a sentence 494
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modification and the overall degree of such person's rehabilitation 495
considering the nature and circumstances of the crime or crimes. 496
(5) After such hearing, the board shall articulate for the record its 497
decision and the reasons for its decision. If the board determines that 498
continued confinement is necessary, the board may reassess such 499
person's suitability for a new parole hearing at a later date to be 500
determined at the discretion of the board, but not earlier than two years 501
after the date of its decision. 502
(6) The decision of the board under this subsection shall not be subject 503
to appeal. 504
(h) (1) For purposes of this subsection, "domestic violence", "sexual 505
assault", "stalking", "trafficking in persons" and "contributing factor" 506
have the same meaning as provided in subsection (b) of section 53a-35a, 507
as amended by this act. 508
(2) Notwithstanding the provisions of subsections (a) to (g), inclusive, 509
of this section, any person who is a survivor of domestic violence, sexual 510
assault, stalking or trafficking in persons and for whom domestic 511
violence, sexual assault, stalking or trafficking in persons was a 512
contributing factor in the commission of such person's offense or 513
conviction, and who received a definite sentence or total effective 514
sentence of more than ten years, may submit an application for a parole 515
suitability hearing before a panel of the Board of Pardons and Paroles 516
for the institution in which such person is confined, provided (A) if such 517
person is serving a sentence of fifty years or less, such person shall be 518
eligible for parole after sixty per cent of the sentence or twelve years, 519
whichever is greater, or (B) if such person is serving a sentence of more 520
than fifty years, such person shall be eligible for parole after serving 521
thirty years. A person shall have the opportunity to apply for parole 522
under this subsection regardless of whether or not evidence regarding 523
such person's survival of domestic violence, sexual assault, stalking or 524
trafficking in persons had been presented or disclosed at such person's 525
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trial, sentencing hearing or any previous application for parole. Nothing 526
in this subsection shall limit a person's eligibility for parole release 527
under the provisions of subsections (a) to (e), inclusive, of this section if 528
such person would be eligible for parole release at an earlier date under 529
any such provision. 530
(3) At the time of application for a parole suitability hearing under 531
this subsection, the person shall submit at least two pieces of 532
documented proof, which may include, but not be limited to, 533
documentation described in subdivision (3) of subsection (b) of section 534
53a-35a, as amended by this act, corroborating the person's claim that 535
such person is a survivor of domestic violence, sexual assault, stalking 536
or trafficking in persons. 537
(4) If the board finds that the person's documented proof complies 538
with the requirements of subdivision (3) of this subsection, the board 539
shall grant the person a parole suitability hearing not later than one 540
hundred twenty days after such finding to aid the board in determining 541
whether the person should be released on parole. 542
(5) At the parole suitability hearing, the board shall allow the person 543
to present additional evidence to demonstrate that such person is a 544
survivor of domestic violence, sexual assault, stalking or trafficking in 545
persons and that domestic violence, sexual assault, stalking or 546
trafficking in persons was a contributing factor in the commission of 547
such person's offense. The board may request testimony from mental 548
health professionals or other relevant witnesses as the board sees fit. 549
(6) At such hearing, the board shall give substantial weight to any 550
evidence that (A) the person is a survivor of domestic violence, sexual 551
assault, stalking or trafficking in persons, and (B) domestic violence, 552
sexual assault, stalking or trafficking in persons was a contributing 553
factor in the commission of the offense, in determining parole suitability 554
as it may pertain to (i) whether there is a reasonable probability that 555
such person will live and remain at liberty without violating the law, 556
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and (ii) whether the benefits to such person and society that would 557
result from such person's release to community supervision 558
substantially outweigh the benefits to such person and society that 559
would result from such person's continued incarceration. 560
(7) After such hearing, the board shall articulate for the record its 561
decision and the reasons for its decision. If the board determines that the 562
person is suitable for parole under this subsection, the board may allow 563
such person to go at large on parole with respect to any portion of a 564
sentence that was based on an offense or offenses committed for which 565
domestic violence, sexual assault, stalking or trafficking in persons was 566
a contributing factor. If the board determines that continued 567
confinement is necessary, the board may reassess such person's 568
suitability for a new parole hearing at a later date not earlier than two 569
years after the date of the board's decision. 570
[(h)] (i) Any person released on parole under this section shall remain 571
in the custody of the Commissioner of Correction and be subject to 572
supervision by personnel of the Department of Correction during such 573
person's period of parole. 574
(j) Nothing in subsection (h) of this section shall preclude a defendant 575
from seeking relief under section 51-195, 51-196, 53a-39, as amended by 576
this act, 54-95c, 54-125a, as amended by this act, or 54-130a, as amended 577
by this act, or any other statute pertaining to sentence reduction or relief. 578
(k) Not later than January 15, 2026, and annually thereafter, the Board 579
of Pardons and Parole shall report on its Internet web site information 580
from the previous calendar year relevant to the use of subsection (h) of 581
this section, as a basis for parole relief, including, but not limited to: (1) 582
The number of applications submitted pursuant to subsection (h) of this 583
section, and (2) the number of applications that were granted parole 584
pursuant to subsection (h) of this section. 585
Sec. 4. Section 54-130a of the general statutes is repealed and the 586
following is substituted in lieu thereof (Effective October 1, 2025): 587
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(a) Jurisdiction over the granting of, and the authority to grant, 588
commutations of punishment or releases, conditioned or absolute, in the 589
case of any person convicted of any offense against the state and 590
commutations from the penalty of death shall be vested in the Board of 591
Pardons and Paroles. 592
(b) The board shall have authority to grant pardons, conditioned, 593
provisional or absolute, or certificates of rehabilitation for any offense 594
against the state at any time after the imposition and before or after the 595
service of any sentence. 596
(c) The board may accept an application for a pardon three years after 597
an applicant's conviction of a misdemeanor or violation and five years 598
after an applicant's conviction of a felony, except that the board, upon a 599
finding of extraordinary circumstances, may accept an application for a 600
pardon prior to such dates. 601
(d) Prior to holding a session to consider whether to grant any 602
commutation of punishment, release or pardon in the case of any person 603
convicted of any offense against the state, the board shall, upon written 604
request, provide the state's attorney for the jurisdictional district in 605
which any conviction for such offense was obtained with a copy of the 606
convicted person's application, any materials and documentation filed 607
in support thereof, except for any information contained in the 608
application, materials and documentation that are confidential, 609
privileged and nondisclosable pursuant to state or federal law, any 610
information obtained by the board about the convicted person pursuant 611
to section 54-130c, and shall permit such state's attorney, or such state's 612
attorney's designee, to appear at such session for the purpose of making 613
a statement for the record concerning whether the convicted person 614
should be granted any such commutation of punishment, release or 615
pardon. 616
(e) Whenever the board grants an absolute pardon to any person, the 617
board shall cause notification of such pardon to be made in writing to 618
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the clerk of the court in which such person was convicted, or the Office 619
of the Chief Court Administrator if such person was convicted in the 620
Court of Common Pleas, the Circuit Court, a municipal court, or a trial 621
justice court. 622
(f) Whenever the board grants a provisional pardon or a certificate of 623
rehabilitation to any person, the board shall cause notification of such 624
provisional pardon or certificate of rehabilitation to be made in writing 625
to the clerk of the court in which such person was convicted. The 626
granting of a provisional pardon or a certificate of rehabilitation does 627
not entitle such person to erasure of the record of the conviction of the 628
offense or relieve such person from disclosing the existence of such 629
conviction as may be required. 630
(g) In the case of any person convicted of a violation for which a 631
sentence to a term of imprisonment may be imposed, the board shall 632
have authority to grant a pardon, conditioned, provisional or absolute, 633
or a certificate of rehabilitation in the same manner as in the case of any 634
person convicted of an offense against the state. 635
(h) (1) For purposes of this subsection, "domestic violence", "sexual 636
assault", "stalking", "trafficking in persons" and "contributing factor" 637
have the same meaning as provided in subsection (b) of section 53a-35a, 638
as amended by this act. 639
(2) Notwithstanding the provisions of subsections (a) to (f), inclusive, 640
of this section, the board shall accept applications for commutations of 641
sentences from any person, including any person who is not otherwise 642
eligible for sentence commutation, (A) if such person is a survivor of 643
domestic violence, sexual assault, stalking or trafficking in persons, and 644
(B) for whom domestic violence, sexual assault, stalking or trafficking 645
in persons was a contributing factor in the commission of such person's 646
offense. An applicant shall have the opportunity to apply for 647
commutation under this subsection regardless of whether or not 648
evidence regarding such person's survival of domestic violence, sexual 649
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assault, stalking or trafficking in persons had been presented or 650
disclosed at such person's trial, sentencing hearing or any application 651
for parole. 652
(3) At the time of application for sentence commutation under this 653
subsection, the applicant shall submit at least two pieces of documented 654
proof, which may include, but need not be limited to, documentation 655
described in subdivision (3) of subsection (b) of section 53a-35a, as 656
amended by this act, corroborating the applicant's claim that such 657
person is a survivor of domestic violence, sexual assault, stalking or 658
trafficking in persons. 659
(4) The board shall review any such application and the board shall 660
give substantial weight to any evidence that (A) the applicant is a 661
survivor of domestic violence, sexual assault, stalking or trafficking in 662
persons, and (B) domestic violence, sexual assault, stalking or trafficking 663
in persons was a contributing factor in the commission of the offense for 664
which the applicant is seeking sentence commutation. 665
(5) The board may hold a hearing to aid the board in determining 666
whether the applicant's survival of domestic violence, sexual assault, 667
stalking or trafficking in persons was a contributing factor in the 668
commission of the applicant's offense. At such hearing, the board shall 669
allow the applicant to present relevant additional evidence. The board 670
may request testimony from mental health professionals or other 671
relevant witnesses, as the board sees fit. 672
(i) Nothing in subsection (h) of this section shall preclude a defendant 673
from seeking relief under section 51-195, 51-196, 53a-39, as amended by 674
this act, 54-95c, 54-125a, as amended by this act, or 54-130a, as amended 675
by this act, or any other statute pertaining to sentence reduction or relief. 676
[(h)] (j) The board shall not deny any application for a pardon, unless 677
the board provides a statement in writing to the applicant of the factors 678
considered when determining whether the applicant qualified for the 679
pardon and an explanation as to which factors were not satisfied. For 680
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any application submitted pursuant to subsection (h) of this section, the 681
board shall articulate for the record the board's decision and the reasons 682
for the decision to grant or deny commutation of sentence. 683
(k) Not later than January 15, 2026, and annually thereafter, the Board 684
of Pardons and Parole shall report on its Internet web site information 685
from the previous calendar year relevant to the use of subsection (h) of 686
this section as a basis for commutation of a sentence, including, but not 687
limited to: (1) The number of applications submitted pursuant to 688
subsection (h) of this section, and (2) the number of applications that 689
were granted commutation pursuant to subsection (h) of this section. 690
Sec. 5. (NEW) (Effective October 1, 2025) Not later than January 15, 691
2026, and annually thereafter, the executive director of the Court 692
Support Services Division of the Judicial Branch shall report on its 693
Internet web site information from the previous calendar year relevant 694
to sentencing relief provided on the basis that domestic violence, 695
stalking or trafficking in persons was found to be a contributing factor 696
to the commission of a defendant's offense, including, but not limited 697
to, (1) the number of defendants in each judicial district who were 698
granted a lesser sentence pursuant to subsection (b) of section 53a-35a 699
of the general statutes, as amended by this act, (2) the number of 700
defendants in each judicial district who applied for sentencing 701
modification pursuant to subsection (g) of section 53a-39 of the general 702
statutes, as amended by this act, and (3) the number of defendants 703
granted sentencing modification pursuant to subsection (g) of section 704
53a-39 of the general statutes, as amended by this act. 705
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 53a-35a
Sec. 2 October 1, 2025 53a-39
Sec. 3 October 1, 2025 54-125a
Sec. 4 October 1, 2025 54-130a
Sec. 5 October 1, 2025 New section
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LCO No. 6193 24 of 24
Statement of Purpose:
To permit survivors of domestic violence, sexual assault, stalking or
trafficking in persons for whom violence or abuse suffered by such
survivors was a contributing factor influencing such survivor to commit
an offense to be eligible for a sentence reduction or relief.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]