Connecticut 2025 Regular Session

Connecticut Senate Bill SB01502 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 23
	3	+	LCO No. 6193 1 of 24
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 1502
	5	+	General Assembly Raised Bill No. 1502
6	6		January Session, 2025
	7	+	LCO No. 6193
7	8
	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
8	15
9	16
10	17
11	18
12	19		AN ACT CONCERNING SENTENCE REDUCTION OR RELIEF FOR
13	20		SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT,
14	21		STALKING OR HUMAN TRAFFICKING.
15	22		Be it enacted by the Senate and House of Representatives in General
16	23		Assembly convened:
17	24
18	25		Section 1. Section 53a-35a of the general statutes is repealed and the 1
19		-	following is substituted in lieu thereof (Effective ~~January~~ 1, ~~2026~~): 2
	26	+	following is substituted in lieu thereof (Effective October 1, 2025): 2
20	27		[For] (a) Except as provided in subsection (b) of this section, for any 3
21	28		felony committed on or after July 1, 1981, the sentence of imprisonment 4
22	29		shall be a definite sentence and, unless the section of the general statutes 5
23	30		that defines or provides the penalty for the crime specifically provides 6
24	31		otherwise, the term shall be fixed by the court as follows: 7
25	32		(1) (A) For a capital felony committed prior to April 25, 2012, under 8
26	33		the provisions of section 53a-54b in effect prior to April 25, 2012, a term 9
27	34		of life imprisonment without the possibility of release unless a sentence 10
28	35		of death is imposed in accordance with section 53a-46a, or (B) for the 11
29	36		class A felony of murder with special circumstances committed on or 12
30	37		after April 25, 2012, under the provisions of section 53a-54b in effect on 13
31	38		or after April 25, 2012, a term of life imprisonment without the 14
32		-	possibility of release; 15
33		-	(2) For the class A felony of murder, a term not less than twenty-five 16 Substitute Bill No. 1502
	39	+	Raised Bill No. 1502
34	40
35	41
36		-	LCO 2 of 23
37	42
	43	+	LCO No. 6193 2 of 24
	44	+
	45	+	possibility of release; 15
	46	+	(2) For the class A felony of murder, a term not less than twenty-five 16
38	47		years nor more than life; 17
39	48		(3) For the class A felony of aggravated sexual assault of a minor 18
40	49		under section 53a-70c, a term not less than twenty-five years or more 19
41	50		than fifty years; 20
42	51		(4) For a class A felony other than an offense specified in subdivision 21
43	52		(2) or (3) of this section, a term not less than ten years nor more than 22
44	53		twenty-five years; 23
45	54		(5) For the class B felony of manslaughter in the first degree with a 24
46	55		firearm under section 53a-55a, a term not less than five years nor more 25
47	56		than forty years; 26
48	57		(6) For a class B felony other than manslaughter in the first degree 27
49	58		with a firearm under section 53a-55a, a term not less than one year nor 28
50	59		more than twenty years; 29
51	60		(7) For a class C felony, a term not less than one year nor more than 30
52	61		ten years; 31
53	62		(8) For a class D felony, a term not more than five years; 32
54	63		(9) For a class E felony, a term not more than three years; and 33
55	64		(10) For an unclassified felony, a term in accordance with the sentence 34
56	65		specified in the section of the general statutes that defines or provides 35
57	66		the penalty for the crime. 36
58	67		(b) (1) Prior to a court imposing a sentence of imprisonment for a 37
59	68		felony offense, a defendant may move for application of this subsection 38
60	69		to such defendant's sentence. Upon such motion and a determination by 39
61	70		the court that (A) the defendant is a survivor of domestic violence, 40
62	71		sexual assault, stalking or trafficking in persons, and (B) domestic 41
	72	+	Raised Bill No. 1502
	73	+
	74	+
	75	+
	76	+	LCO No. 6193 3 of 24
	77	+
63	78		violence, sexual assault, stalking or trafficking in persons was a 42
64	79		contributing factor in the commission of the offense, the court shall 43
65		-	impose a sentence in accordance with this subsection. 44 Substitute Bill No. 1502
66		-
67		-
68		-	LCO 3 of 23
69		-
	80	+	impose a sentence in accordance with this subsection. 44
70	81		(2) For purposes of this subsection, (A) "domestic violence" has the 45
71	82		same meaning as provided in subsection (b) of section 46b-1; (B) "sexual 46
72	83		assault" means any act that constitutes a violation of section 53a-70b of 47
73	84		the general statutes, revision of 1958, revised to January 1, 2019, or 48
74	85		section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a; (C) 49
75	86		"stalking" means any act that constitutes a violation of section 53a-181c, 50
76	87		53a-181d, 53a-181e or 53a-181f; (D) "trafficking in persons" means 51
77	88		trafficking in persons under section 53a-192a or a criminal violation of 52
78	89		18 USC Chapter 77, as amended from time to time; and (E) "contributing 53
79	90		factor" means a factor that influences an offense but is not necessarily 54
80	91		the sole, primary, substantial or major factor leading to the offense. 55
81	92		(3) Such defendant shall provide the court at least two pieces of 56
82	93		documented proof corroborating that the defendant is a survivor of 57
83	94		domestic violence, sexual assault, stalking or trafficking in persons that 58
84	95		may include, but need not be limited to, a signed affidavit attesting to 59
85	96		subparagraphs (A) and (B) of subdivision (1) of this subsection; a court 60
86	97		record; presentence report; social services record; hospital record; law 61
87	98		enforcement record; restraining order or protective order pursuant to 62
88	99		section 46b-15, 46b-16a or 46b-38c, subsection (f) of section 53a-28 or 63
89	100		section 53a-40e or 54-1k, or a foreign order of protection, as defined in 64
90	101		section 46b-15a; sworn statement from a person with direct or indirect 65
91	102		knowledge of the domestic violence, sexual assault, stalking or 66
92	103		trafficking in persons; documentation prepared at or near the time of the 67
93	104		commission or prosecution of the present offense tending to support the 68
94	105		claims of the defendant; records provided by a licensed medical care 69
95	106		provider or mental health care provider; or sworn statements from a 70
96	107		member of the clergy, an attorney or a social worker, or a domestic 71
97	108		violence counselor or sexual assault counselor, each as defined in 72
98	109		section 52-146k, or other advocate acting on behalf of a survivor of 73
99	110		domestic violence, sexual assault, stalking or trafficking in persons. 74
	111	+	Raised Bill No. 1502
	112	+
	113	+
	114	+
	115	+	LCO No. 6193 4 of 24
	116	+
100	117		(4) At any time prior to sentencing, the court shall consider testimony 75
101	118		from witnesses offered by the prosecution or defense, consider oral and 76
102	119		written arguments and consider any other evidence relevant to the 77
103		-	court's determination of whether domestic violence, sexual assault, 78 Substitute Bill No. 1502
104		-
105		-
106		-	LCO 4 of 23
107		-
	120	+	court's determination of whether domestic violence, sexual assault, 78
108	121		stalking or trafficking in persons was a contributing factor in the 79
109	122		commission of the defendant's offense. Reliable hearsay evidence shall 80
110	123		be admissible at the hearing for purposes of this subsection. 81
111	124		(5) Notwithstanding any provision of the general statutes providing 82
112	125		a term of imprisonment for a felony offense, including a mandatory 83
113		-	minimum sentence, if the court finds by ~~clear and convincing evidence~~ 84
114		-	that domestic violence, sexual assault, stalking or trafficking ~~in persons~~ 85
115		-	was a contributing factor in the commission of the offense, ~~the court~~ 86
116		-	shall depart from the applicable sentence under subsection (a) ~~of this~~ 87
117		-	section or the sentence provided under the section of the general ~~statutes~~ 88
118		-	for the applicable offense, to the ranges provided as follows: (A) ~~A term~~ 89
119		-	of life imprisonment without the possibility of release shall be ~~reduced~~ 90
120		-	to a term of thirty years imprisonment or less; (B) a term of fifty ~~years of~~ 91
121		-	imprisonment or more, but not life imprisonment without the 92
	126	+	minimum sentence, if the court finds by a preponderance of the 84
	127	+	evidence that domestic violence, sexual assault, stalking or trafficking 85
	128	+	in persons was a contributing factor in the commission of the offense, 86
	129	+	the court shall depart from the applicable sentence under subsection (a) 87
	130	+	of this section or the sentence provided under the section of the general 88
	131	+	statutes for the applicable offense, to the ranges provided as follows: (A) 89
	132	+	A term of life imprisonment without the possibility of release shall be 90
	133	+	reduced to a term of thirty years imprisonment or less; (B) a term of fifty 91
	134	+	years of imprisonment or more, but not life imprisonment without the 92
122	135		possibility of release, shall be reduced to a term of twenty-five years 93
123	136		imprisonment or less; (C) a term of forty years of imprisonment or more, 94
124	137		up to, but not including, fifty years imprisonment, shall be reduced to a 95
125	138		term of twenty years imprisonment or less; (D) a term of thirty years of 96
126	139		imprisonment or more, up to, but not including, a term of forty years 97
127	140		imprisonment, shall be reduced to a term of fifteen years imprisonment 98
128	141		or less; (E) a term of twenty-five years of imprisonment or more, up to, 99
129	142		but not including, a term of thirty years imprisonment, shall be reduced 100
130	143		to a term of twelve and one-half years imprisonment or less; (F) a term 101
131	144		of twenty years of imprisonment or more, up to, but not including, a 102
132	145		term of twenty-five years imprisonment, shall be reduced to a term of 103
133	146		ten years imprisonment or less; (G) a term of ten years of imprisonment 104
134	147		or more, up to, but not including, a term of twenty years imprisonment, 105
135	148		shall be reduced to a term of five years imprisonment or less; (H) a term 106
136	149		of five years of imprisonment or more, up to, but not including, a term 107
	150	+	Raised Bill No. 1502
	151	+
	152	+
	153	+
	154	+	LCO No. 6193 5 of 24
	155	+
137	156		of ten years imprisonment, shall be reduced to a term of five years 108
138	157		imprisonment or less; and (I) a term of three years of imprisonment or 109
139	158		more, up to, but not including, a term of five years imprisonment, shall 110
140		-	be reduced to a term of eighteen months imprisonment or less. The court 111
141		-	shall state on the record that sentencing was determined in accordance 112 Substitute Bill No. 1502
	159	+	be reduced to a term of eighteen months imprisonment or less. 111
	160	+	(6) If the court finds that such defendant has not met the requirements 112
	161	+	to apply for relief as provided for in subdivision (1) of this subsection, 113
	162	+	the court shall deny such defendant's motion without prejudice. 114
	163	+	(7) Nothing in this subsection shall preclude a defendant from 115
	164	+	seeking or obtaining relief under section 51-195, 51-196, 53a-39, as 116
	165	+	amended by this act, 54-95c, 54-125a, as amended by this act, or 54-130a, 117
	166	+	as amended by this act, or any other statute pertaining to sentence 118
	167	+	reduction relief. 119
	168	+	Sec. 2. Section 53a-39 of the general statutes is repealed and the 120
	169	+	following is substituted in lieu thereof (Effective October 1, 2025): 121
	170	+	(a) Except as provided in subsection (b) of this section, at any time 122
	171	+	during an executed period of incarceration, the sentencing court or 123
	172	+	judge may, after hearing and for good cause shown, reduce the sentence, 124
	173	+	order the defendant discharged, or order the defendant discharged on 125
	174	+	probation or conditional discharge for a period not to exceed that to 126
	175	+	which the defendant could have been originally sentenced. 127
	176	+	(b) [On] Except as provided in subsection (g) of this section, on and 128
	177	+	after October 1, 2021, at any time during the period of a sentence in 129
	178	+	which a defendant has been sentenced prior to, on or after October 1, 130
	179	+	2021, to an executed period of incarceration of more than seven years as 131
	180	+	a result of a plea agreement, including an agreement in which there is 132
	181	+	an agreed upon range of sentence, upon agreement of the defendant and 133
	182	+	the state's attorney to seek review of the sentence, the sentencing court 134
	183	+	or judge may, after hearing and for good cause shown, reduce the 135
	184	+	sentence, order the defendant discharged, or order the defendant 136
	185	+	discharged on probation or conditional discharge for a period not to 137
	186	+	exceed that to which the defendant could have been originally 138
	187	+	Raised Bill No. 1502
142	188
143	189
144		-	LCO 5 of 23
145	190
146		-	with this subsection. 113
147		-	(6) If the court finds that such defendant has not met the requirements 114
148		-	to apply for relief as provided for in subdivision (1) of this subsection, 115
149		-	the court shall deny such defendant's motion without prejudice. 116
150		-	(7) Nothing in this subsection shall preclude a defendant from 117
151		-	seeking or obtaining relief under section 51-195, 51-196, 53a-39, as 118
152		-	amended by this act, 54-95c, 54-125a, as amended by this act, or 54-130a, 119
153		-	as amended by this act, or any other statute pertaining to sentence 120
154		-	reduction relief. 121
155		-	Sec. 2. Section 53a-39 of the general statutes is repealed and the 122
156		-	following is substituted in lieu thereof (Effective January 1, 2026): 123
157		-	(a) Except as provided in subsection (b) of this section, at any time 124
158		-	during an executed period of incarceration, the sentencing court or 125
159		-	judge may, after hearing and for good cause shown, reduce the sentence, 126
160		-	order the defendant discharged, or order the defendant discharged on 127
161		-	probation or conditional discharge for a period not to exceed that to 128
162		-	which the defendant could have been originally sentenced. 129
163		-	(b) [On] Except as provided in subsection (g) of this section, on and 130
164		-	after October 1, 2021, at any time during the period of a sentence in 131
165		-	which a defendant has been sentenced prior to, on or after October 1, 132
166		-	2021, to an executed period of incarceration of more than seven years as 133
167		-	a result of a plea agreement, including an agreement in which there is 134
168		-	an agreed upon range of sentence, upon agreement of the defendant and 135
169		-	the state's attorney to seek review of the sentence, the sentencing court 136
170		-	or judge may, after hearing and for good cause shown, reduce the 137
171		-	sentence, order the defendant discharged, or order the defendant 138
172		-	discharged on probation or conditional discharge for a period not to 139
173		-	exceed that to which the defendant could have been originally 140
174		-	sentenced. 141
175		-	(c) If, after a hearing pursuant to this section, the sentencing court or 142
176		-	judge denies or grants in full a motion to reduce a defendant's sentence 143 Substitute Bill No. 1502
	191	+	LCO No. 6193 6 of 24
	192	+
	193	+	sentenced. 139
	194	+	(c) If, after a hearing pursuant to this section, the sentencing court or 140
	195	+	judge denies or grants in full a motion to reduce a defendant's sentence 141
	196	+	or discharge the defendant, the defendant may not file a subsequent 142
	197	+	motion for relief under this section until five years have elapsed from 143
	198	+	the date of the most recent decision denying such defendant relief 144
	199	+	pursuant to this section. If, after a hearing pursuant to this section, the 145
	200	+	sentencing court or judge grants in part a motion to reduce a defendant's 146
	201	+	sentence, the defendant may not file a subsequent motion for relief 147
	202	+	under this section until three years from the date of the most recent 148
	203	+	decision granting such defendant relief pursuant to this section. 149
	204	+	(d) [The] Except as provided in subsection (g) of this section, the 150
	205	+	provisions of this section shall not apply to any portion of a sentence 151
	206	+	imposed that is a mandatory minimum sentence for an offense which 152
	207	+	may not be suspended or reduced by the court. 153
	208	+	(e) At the time the defendant files a motion with the court, the 154
	209	+	defendant shall provide the state with a copy of the motion and any 155
	210	+	materials and documentation filed with the court in support of such 156
	211	+	motion. 157
	212	+	(f) At a hearing held by the sentencing court or judge under this 158
	213	+	section, such court or judge shall permit any victim of the crime to 159
	214	+	appear before the court or judge for the purpose of making a statement 160
	215	+	for the record concerning whether or not the sentence of the defendant 161
	216	+	should be reduced, the defendant should be discharged or the 162
	217	+	defendant should be discharged on probation or conditional discharge 163
	218	+	pursuant to subsection (a) or (b) of this section. In lieu of such 164
	219	+	appearance, the victim may submit a written statement to the court or 165
	220	+	judge and the court or judge shall make such statement a part of the 166
	221	+	record at the hearing. For the purposes of this subsection, "victim" 167
	222	+	means the victim, the legal representative of the victim or a member of 168
	223	+	the deceased victim's immediate family. 169
	224	+	Raised Bill No. 1502
177	225
178	226
179		-	LCO 6 of 23
180	227
181		-	or discharge the defendant, the defendant may not file a subsequent 144
182		-	motion for relief under this section until five years have elapsed from 145
183		-	the date of the most recent decision denying such defendant relief 146
184		-	pursuant to this section. If, after a hearing pursuant to this section, the 147
185		-	sentencing court or judge grants in part a motion to reduce a defendant's 148
186		-	sentence, the defendant may not file a subsequent motion for relief 149
187		-	under this section until three years from the date of the most recent 150
188		-	decision granting such defendant relief pursuant to this section. 151
189		-	(d) [The] Except as provided in subsection (g) of this section, the 152
190		-	provisions of this section shall not apply to any portion of a sentence 153
191		-	imposed that is a mandatory minimum sentence for an offense which 154
192		-	may not be suspended or reduced by the court. 155
193		-	(e) At the time the defendant files a motion with the court, the 156
194		-	defendant shall provide the state with a copy of the motion and any 157
195		-	materials and documentation filed with the court in support of such 158
196		-	motion. 159
197		-	(f) At a hearing held by the sentencing court or judge under this 160
198		-	section, such court or judge shall permit any victim of the crime to 161
199		-	appear before the court or judge for the purpose of making a statement 162
200		-	for the record concerning whether or not the sentence of the defendant 163
201		-	should be reduced, the defendant should be discharged or the 164
202		-	defendant should be discharged on probation or conditional discharge 165
203		-	pursuant to subsection (a) or (b) of this section. In lieu of such 166
204		-	appearance, the victim may submit a written statement to the court or 167
205		-	judge and the court or judge shall make such statement a part of the 168
206		-	record at the hearing. For the purposes of this subsection, "victim" 169
207		-	means the victim, the legal representative of the victim or a member of 170
208		-	the deceased victim's immediate family. 171
209		-	(g) (1) Any defendant filing a motion for sentence modification 172
210		-	pursuant to subsections (a) and (b) of this subsection shall have the 173
211		-	opportunity to present evidence demonstrating that (A) the defendant 174
212		-	is a survivor of domestic violence, sexual assault, stalking or trafficking 175 Substitute Bill No. 1502
	228	+	LCO No. 6193 7 of 24
	229	+
	230	+	(g) (1) Any defendant filing a motion for sentence modification 170
	231	+	pursuant to subsections (a) and (b) of this subsection shall have the 171
	232	+	opportunity to present evidence demonstrating that (A) the defendant 172
	233	+	is a survivor of domestic violence, sexual assault, stalking or trafficking 173
	234	+	in persons, and (B) domestic violence, sexual assault, stalking or 174
	235	+	trafficking in persons was a contributing factor in the commission of the 175
	236	+	offense. 176
	237	+	(2) For purposes of this subsection "domestic violence", "sexual 177
	238	+	assault", "stalking", "trafficking in persons" and "contributing factor" 178
	239	+	have the same meaning as provided in subsection (b) of section 53a-35a, 179
	240	+	as amended by this act. 180
	241	+	(3) Any defendant seeking consideration pursuant to this subsection 181
	242	+	shall provide the court at least two pieces of documented proof 182
	243	+	corroborating that the defendant is a survivor of domestic violence, 183
	244	+	sexual assault, stalking or trafficking in persons that may include, but 184
	245	+	need not be limited to, a signed affidavit attesting to subparagraphs (A) 185
	246	+	and (B) of subdivision (1) of this subsection; a court record; presentence 186
	247	+	report; social services record; hospital record; law enforcement record; 187
	248	+	restraining order or protective order pursuant to section 46b-15, 46b-16a 188
	249	+	or 46b-38c, subsection (f) of section 53a-28 or section 53a-40e or 54-1k, or 189
	250	+	a foreign order of protection, as defined in section 46b-15a; sworn 190
	251	+	statement from a person with direct or indirect knowledge of the 191
	252	+	domestic violence, sexual assault, stalking or trafficking in persons; 192
	253	+	documentation prepared at or near the time of the commission or 193
	254	+	prosecution of the offense tending to support the claims of the 194
	255	+	defendant; records provided by a licensed medical care provider or 195
	256	+	mental health care provider; or sworn statements from a member of the 196
	257	+	clergy, an attorney or a social worker, or a domestic violence counselor 197
	258	+	or sexual assault counselor, each as defined in section 52-146k, or other 198
	259	+	advocate acting on behalf of a survivor of domestic violence, sexual 199
	260	+	assault, stalking or trafficking in persons. Any defendant who complies 200
	261	+	with this subdivision shall be granted a hearing pursuant to this section. 201
	262	+	Raised Bill No. 1502
213	263
214	264
215		-	LCO 7 of 23
216	265
217		-	in persons, and (B) domestic violence, sexual assault, stalking or 176
218		-	trafficking in persons was a contributing factor in the commission of the 177
219		-	offense. 178
220		-	(2) When possible, any motion for sentence modification under this 179
221		-	subsection shall be heard by the original sentencing judge. A defendant 180
222		-	is not eligible to make a motion under this subsection if such defendant 181
223		-	was sentenced in accordance with subsection (b) of section 53a-35a, as 182
224		-	amended by this act. 183
225		-	(3) For purposes of this subsection "domestic violence", "sexual 184
226		-	assault", "stalking", "trafficking in persons" and "contributing factor" 185
227		-	have the same meaning as provided in subsection (b) of section 53a-35a, 186
228		-	as amended by this act. 187
229		-	(4) Any defendant seeking consideration pursuant to this subsection 188
230		-	shall provide the court at least two pieces of documented proof 189
231		-	corroborating that the defendant is a survivor of domestic violence, 190
232		-	sexual assault, stalking or trafficking in persons that may include, but 191
233		-	need not be limited to, a signed affidavit attesting to subparagraphs (A) 192
234		-	and (B) of subdivision (1) of this subsection; a court record; presentence 193
235		-	report; social services record; hospital record; law enforcement record; 194
236		-	restraining order or protective order pursuant to section 46b-15, 46b-16a 195
237		-	or 46b-38c, subsection (f) of section 53a-28 or section 53a-40e or 54-1k, or 196
238		-	a foreign order of protection, as defined in section 46b-15a; sworn 197
239		-	statement from a person with direct or indirect knowledge of the 198
240		-	domestic violence, sexual assault, stalking or trafficking in persons; 199
241		-	documentation prepared at or near the time of the commission or 200
242		-	prosecution of the offense tending to support the claims of the 201
243		-	defendant; records provided by a licensed medical care provider or 202
244		-	mental health care provider; or sworn statements from a member of the 203
245		-	clergy, an attorney or a social worker, or a domestic violence counselor 204
246		-	or sexual assault counselor, each as defined in section 52-146k, or other 205
247		-	advocate acting on behalf of a survivor of domestic violence, sexual 206
248		-	assault, stalking or trafficking in persons. Any defendant who complies 207
249		-	with this subdivision shall be granted a hearing pursuant to this section. 208 Substitute Bill No. 1502
	266	+	LCO No. 6193 8 of 24
	267	+
	268	+	(4) At a hearing held under this section, the court shall take testimony 202
	269	+	from witnesses offered by the state or defense, consider oral and written 203
	270	+	arguments and consider any other evidence relevant to the court's 204
	271	+	determination of whether domestic violence, sexual assault, stalking or 205
	272	+	trafficking in persons was a contributing factor in the commission of the 206
	273	+	defendant's offense. Reliable hearsay shall be admissible for purposes of 207
	274	+	this subsection. The court may determine that violence or abuse the 208
	275	+	defendant suffered due to being subjected to domestic violence, sexual 209
	276	+	assault, stalking or trafficking in persons was related to and was a 210
	277	+	contributing factor to the offense regardless of whether the defendant 211
	278	+	had previously raised evidence of domestic violence, sexual assault, 212
	279	+	stalking or trafficking in persons during the defendant's trial, plea 213
	280	+	negotiations or sentencing hearing. 214
	281	+	(5) Regardless of whether the defendant is subject to a mandatory 215
	282	+	minimum sentence, if the court finds by a preponderance of the 216
	283	+	evidence that (A) the defendant is a survivor of domestic violence, 217
	284	+	sexual assault, stalking or trafficking in persons, and (B) domestic 218
	285	+	violence, sexual assault, stalking or trafficking in persons was a 219
	286	+	contributing factor in the commission of the offense, the court shall 220
	287	+	reduce the sentence in accordance with subdivision (5) of subsection (b) 221
	288	+	of section 53a-35a, as amended by this act. 222
	289	+	(6) The court may waive the timeline under subsection (c) of this 223
	290	+	section if the defendant presents new evidence or shows good cause for 224
	291	+	delay in presenting evidence. 225
	292	+	(7) If the court finds that such defendant has not met the requirements 226
	293	+	to apply for relief as provided for in subdivision (1) of this subsection, 227
	294	+	the court shall notify the defendant and deny such defendant's request 228
	295	+	without prejudice. 229
	296	+	(8) Nothing in this subsection shall preclude a defendant from 230
	297	+	seeking or obtaining relief under section 51-195, 51-196, 53a-39, as 231
	298	+	amended by this act, 54-95c, 54-125a, as amended by this act, or 54-130a, 232
	299	+	Raised Bill No. 1502
250	300
251	301
252		-	LCO 8 of 23
253	302
254		-	(5) At a hearing held under this section, the court shall take testimony 209
255		-	from witnesses offered by the state or defense, consider oral and written 210
256		-	arguments and consider any other evidence relevant to the court's 211
257		-	determination of whether domestic violence, sexual assault, stalking or 212
258		-	trafficking in persons was a contributing factor in the commission of the 213
259		-	defendant's offense. Reliable hearsay shall be admissible for purposes of 214
260		-	this subsection. The court may determine that violence or abuse the 215
261		-	defendant suffered due to being subjected to domestic violence, sexual 216
262		-	assault, stalking or trafficking in persons was related to and was a 217
263		-	contributing factor to the offense regardless of whether the defendant 218
264		-	had previously raised evidence of domestic violence, sexual assault, 219
265		-	stalking or trafficking in persons during the defendant's trial, plea 220
266		-	negotiations or sentencing hearing. 221
267		-	(6) Regardless of whether the defendant is subject to a mandatory 222
268		-	minimum sentence, if the court finds by clear and convincing evidence 223
269		-	that (A) the defendant is a survivor of domestic violence, sexual assault, 224
270		-	stalking or trafficking in persons, and (B) domestic violence, sexual 225
271		-	assault, stalking or trafficking in persons was a contributing factor in the 226
272		-	commission of the offense, the court shall reduce the sentence in 227
273		-	accordance with subdivision (5) of subsection (b) of section 53a-35a, as 228
274		-	amended by this act. 229
275		-	(7) The court may waive the timeline under subsection (c) of this 230
276		-	section if the defendant presents new evidence or shows good cause for 231
277		-	delay in presenting evidence. 232
278		-	(8) If the court finds that such defendant has not met the requirements 233
279		-	to apply for relief as provided for in subdivision (1) of this subsection, 234
280		-	the court shall notify the defendant and deny such defendant's request 235
281		-	without prejudice. 236
282		-	(9) Nothing in this subsection shall preclude a defendant from 237
283		-	seeking or obtaining relief under section 51-195, 51-196, 53a-39, as 238
284		-	amended by this act, 54-95c, 54-125a, as amended by this act, or 54-130a, 239
285		-	as amended by this act, or any other statute pertaining to sentence 240 Substitute Bill No. 1502
	303	+	LCO No. 6193 9 of 24
	304	+
	305	+	as amended by this act, or any other statute pertaining to sentence 233
	306	+	reduction relief. 234
	307	+	Sec. 3. Section 54-125a of the general statutes is repealed and the 235
	308	+	following is substituted in lieu thereof (Effective October 1, 2025): 236
	309	+	(a) A person convicted of one or more crimes who is incarcerated on 237
	310	+	or after October 1, 1990, who received a definite sentence or total 238
	311	+	effective sentence of more than two years, and who has been confined 239
	312	+	under such sentence or sentences for not less than one-half of the total 240
	313	+	effective sentence less any risk reduction credit earned under the 241
	314	+	provisions of section 18-98e or one-half of the most recent sentence 242
	315	+	imposed by the court less any risk reduction credit earned under the 243
	316	+	provisions of section 18-98e, whichever is greater, may be allowed to go 244
	317	+	at large on parole (1) in accordance with the provisions of section 54-245
	318	+	125i, or (2) in the discretion of a panel of the Board of Pardons and 246
	319	+	Paroles, if (A) it appears from all available information, including any 247
	320	+	reports from the Commissioner of Correction that the panel may 248
	321	+	require, that there is a reasonable probability that such inmate will live 249
	322	+	and remain at liberty without violating the law, and (B) such release is 250
	323	+	not incompatible with the welfare of society. At the discretion of the 251
	324	+	panel, and under the terms and conditions as may be prescribed by the 252
	325	+	panel including requiring the parolee to submit personal reports, the 253
	326	+	parolee shall be allowed to return to the parolee's home or to reside in a 254
	327	+	residential community center, or to go elsewhere. The parolee shall, 255
	328	+	while on parole, remain under the jurisdiction of the board until the 256
	329	+	expiration of the maximum term or terms for which the parolee was 257
	330	+	sentenced less any risk reduction credit earned under the provisions of 258
	331	+	section 18-98e. Any parolee released on the condition that the parolee 259
	332	+	reside in a residential community center may be required to contribute 260
	333	+	to the cost incidental to such residence. Each order of parole shall fix the 261
	334	+	limits of the parolee's residence, which may be changed in the discretion 262
	335	+	of the board and the Commissioner of Correction. Within three weeks 263
	336	+	after the commitment of each person sentenced to more than two years, 264
	337	+	the state's attorney for the judicial district shall send to the Board of 265
	338	+	Raised Bill No. 1502
286	339
287	340
288		-	LCO 9 of 23
289	341
290		-	reduction relief. 241
291		-	Sec. 3. Section 54-125a of the general statutes is repealed and the 242
292		-	following is substituted in lieu thereof (Effective January 1, 2026): 243
293		-	(a) A person convicted of one or more crimes who is incarcerated on 244
294		-	or after October 1, 1990, who received a definite sentence or total 245
295		-	effective sentence of more than two years, and who has been confined 246
296		-	under such sentence or sentences for not less than one-half of the total 247
297		-	effective sentence less any risk reduction credit earned under the 248
298		-	provisions of section 18-98e or one-half of the most recent sentence 249
299		-	imposed by the court less any risk reduction credit earned under the 250
300		-	provisions of section 18-98e, whichever is greater, may be allowed to go 251
301		-	at large on parole (1) in accordance with the provisions of section 54-252
302		-	125i, or (2) in the discretion of a panel of the Board of Pardons and 253
303		-	Paroles, if (A) it appears from all available information, including any 254
304		-	reports from the Commissioner of Correction that the panel may 255
305		-	require, that there is a reasonable probability that such inmate will live 256
306		-	and remain at liberty without violating the law, and (B) such release is 257
307		-	not incompatible with the welfare of society. At the discretion of the 258
308		-	panel, and under the terms and conditions as may be prescribed by the 259
309		-	panel including requiring the parolee to submit personal reports, the 260
310		-	parolee shall be allowed to return to the parolee's home or to reside in a 261
311		-	residential community center, or to go elsewhere. The parolee shall, 262
312		-	while on parole, remain under the jurisdiction of the board until the 263
313		-	expiration of the maximum term or terms for which the parolee was 264
314		-	sentenced less any risk reduction credit earned under the provisions of 265
315		-	section 18-98e. Any parolee released on the condition that the parolee 266
316		-	reside in a residential community center may be required to contribute 267
317		-	to the cost incidental to such residence. Each order of parole shall fix the 268
318		-	limits of the parolee's residence, which may be changed in the discretion 269
319		-	of the board and the Commissioner of Correction. Within three weeks 270
320		-	after the commitment of each person sentenced to more than two years, 271
321		-	the state's attorney for the judicial district shall send to the Board of 272
322		-	Pardons and Paroles the record, if any, of such person. 273 Substitute Bill No. 1502
	342	+	LCO No. 6193 10 of 24
	343	+
	344	+	Pardons and Paroles the record, if any, of such person. 266
	345	+	(b) (1) No person convicted of any of the following offenses, which 267
	346	+	was committed on or after July 1, 1981, shall be eligible for parole under 268
	347	+	subsection (a) of this section: (A) Capital felony, as provided under the 269
	348	+	provisions of section 53a-54b in effect prior to April 25, 2012, (B) murder 270
	349	+	with special circumstances, as provided under the provisions of section 271
	350	+	53a-54b in effect on or after April 25, 2012, (C) felony murder, as 272
	351	+	provided in section 53a-54c, (D) arson murder, as provided in section 273
	352	+	53a-54d, (E) murder, as provided in section 53a-54a, or (F) aggravated 274
	353	+	sexual assault in the first degree, as provided in section 53a-70a. (2) A 275
	354	+	person convicted of (A) a violation of section 53a-100aa or 53a-102, or 276
	355	+	(B) an offense, other than an offense specified in subdivision (1) of this 277
	356	+	subsection, where the underlying facts and circumstances of the offense 278
	357	+	involve the use, attempted use or threatened use of physical force 279
	358	+	against another person shall be ineligible for parole under subsection (a) 280
	359	+	of this section until such person has served not less than eighty-five per 281
	360	+	cent of the definite sentence imposed. 282
	361	+	(c) The Board of Pardons and Paroles shall, not later than July 1, 1996, 283
	362	+	adopt regulations in accordance with chapter 54 to ensure that a person 284
	363	+	convicted of an offense described in subdivision (2) of subsection (b) of 285
	364	+	this section is not released on parole until such person has served eighty-286
	365	+	five per cent of the definite sentence imposed by the court. Such 287
	366	+	regulations shall include guidelines and procedures for classifying a 288
	367	+	person as a violent offender that are not limited to a consideration of the 289
	368	+	elements of the offense or offenses for which such person was convicted. 290
	369	+	(d) The Board of Pardons and Paroles may hold a hearing to 291
	370	+	determine the suitability for parole release of any person whose 292
	371	+	eligibility for parole release is not subject to the provisions of subsection 293
	372	+	(b) of this section upon completion by such person of seventy-five per 294
	373	+	cent of such person's definite or total effective sentence less any risk 295
	374	+	reduction credit earned under the provisions of section 18-98e. An 296
	375	+	employee of the board or, if deemed necessary by the chairperson, a 297
	376	+	Raised Bill No. 1502
323	377
324	378
325		-	LCO 10 of 23
326	379
327		-	(b) (1) No person convicted of any of the following offenses, which 274
328		-	was committed on or after July 1, 1981, shall be eligible for parole under 275
329		-	subsection (a) of this section: (A) Capital felony, as provided under the 276
330		-	provisions of section 53a-54b in effect prior to April 25, 2012, (B) murder 277
331		-	with special circumstances, as provided under the provisions of section 278
332		-	53a-54b in effect on or after April 25, 2012, (C) felony murder, as 279
333		-	provided in section 53a-54c, (D) arson murder, as provided in section 280
334		-	53a-54d, (E) murder, as provided in section 53a-54a, or (F) aggravated 281
335		-	sexual assault in the first degree, as provided in section 53a-70a. (2) A 282
336		-	person convicted of (A) a violation of section 53a-100aa or 53a-102, or 283
337		-	(B) an offense, other than an offense specified in subdivision (1) of this 284
338		-	subsection, where the underlying facts and circumstances of the offense 285
339		-	involve the use, attempted use or threatened use of physical force 286
340		-	against another person shall be ineligible for parole under subsection (a) 287
341		-	of this section until such person has served not less than eighty-five per 288
342		-	cent of the definite sentence imposed. 289
343		-	(c) The Board of Pardons and Paroles shall, not later than July 1, 1996, 290
344		-	adopt regulations in accordance with chapter 54 to ensure that a person 291
345		-	convicted of an offense described in subdivision (2) of subsection (b) of 292
346		-	this section is not released on parole until such person has served eighty-293
347		-	five per cent of the definite sentence imposed by the court. Such 294
348		-	regulations shall include guidelines and procedures for classifying a 295
349		-	person as a violent offender that are not limited to a consideration of the 296
350		-	elements of the offense or offenses for which such person was convicted. 297
351		-	(d) The Board of Pardons and Paroles may hold a hearing to 298
352		-	determine the suitability for parole release of any person whose 299
353		-	eligibility for parole release is not subject to the provisions of subsection 300
354		-	(b) of this section upon completion by such person of seventy-five per 301
355		-	cent of such person's definite or total effective sentence less any risk 302
356		-	reduction credit earned under the provisions of section 18-98e. An 303
357		-	employee of the board or, if deemed necessary by the chairperson, a 304
358		-	panel of the board shall assess the suitability for parole release of such 305
359		-	person based on the following standards: (1) Whether there is 306
360		-	reasonable probability that such person will live and remain at liberty 307 Substitute Bill No. 1502
	380	+	LCO No. 6193 11 of 24
	381	+
	382	+	panel of the board shall assess the suitability for parole release of such 298
	383	+	person based on the following standards: (1) Whether there is 299
	384	+	reasonable probability that such person will live and remain at liberty 300
	385	+	without violating the law, and (2) whether the benefits to such person 301
	386	+	and society that would result from such person's release to community 302
	387	+	supervision substantially outweigh the benefits to such person and 303
	388	+	society that would result from such person's continued incarceration. If 304
	389	+	a hearing is held, and if the board determines that continued 305
	390	+	confinement is necessary, the board shall articulate for the record the 306
	391	+	specific reasons why such person and the public would not benefit from 307
	392	+	such person serving a period of parole supervision while transitioning 308
	393	+	from incarceration to the community. If a hearing is not held, the board 309
	394	+	shall document the specific reasons for not holding a hearing and 310
	395	+	provide such reasons to such person. No person shall be released on 311
	396	+	parole without receiving a hearing. The decision of the board under this 312
	397	+	subsection shall not be subject to appeal. 313
	398	+	(e) The Board of Pardons and Paroles may hold a hearing to 314
	399	+	determine the suitability for parole release of any person whose 315
	400	+	eligibility for parole release is subject to the provisions of subdivision 316
	401	+	(2) of subsection (b) of this section upon completion by such person of 317
	402	+	eighty-five per cent of such person's definite or total effective sentence. 318
	403	+	An employee of the board or, if deemed necessary by the chairperson, a 319
	404	+	panel of the board shall assess the suitability for parole release of such 320
	405	+	person based on the following standards: (1) Whether there is a 321
	406	+	reasonable probability that such person will live and remain at liberty 322
	407	+	without violating the law, and (2) whether the benefits to such person 323
	408	+	and society that would result from such person's release to community 324
	409	+	supervision substantially outweigh the benefits to such person and 325
	410	+	society that would result from such person's continued incarceration. If 326
	411	+	a hearing is held, and if the board determines that continued 327
	412	+	confinement is necessary, the board shall articulate for the record the 328
	413	+	specific reasons why such person and the public would not benefit from 329
	414	+	such person serving a period of parole supervision while transitioning 330
	415	+	Raised Bill No. 1502
361	416
362	417
363		-	LCO 11 of 23
364	418
365		-	without violating the law, and (2) whether the benefits to such person 308
366		-	and society that would result from such person's release to community 309
367		-	supervision substantially outweigh the benefits to such person and 310
368		-	society that would result from such person's continued incarceration. If 311
369		-	a hearing is held, and if the board determines that continued 312
370		-	confinement is necessary, the board shall articulate for the record the 313
371		-	specific reasons why such person and the public would not benefit from 314
372		-	such person serving a period of parole supervision while transitioning 315
373		-	from incarceration to the community. If a hearing is not held, the board 316
374		-	shall document the specific reasons for not holding a hearing and 317
375		-	provide such reasons to such person. No person shall be released on 318
376		-	parole without receiving a hearing. The decision of the board under this 319
377		-	subsection shall not be subject to appeal. 320
378		-	(e) The Board of Pardons and Paroles may hold a hearing to 321
379		-	determine the suitability for parole release of any person whose 322
380		-	eligibility for parole release is subject to the provisions of subdivision 323
381		-	(2) of subsection (b) of this section upon completion by such person of 324
382		-	eighty-five per cent of such person's definite or total effective sentence. 325
383		-	An employee of the board or, if deemed necessary by the chairperson, a 326
384		-	panel of the board shall assess the suitability for parole release of such 327
385		-	person based on the following standards: (1) Whether there is a 328
386		-	reasonable probability that such person will live and remain at liberty 329
387		-	without violating the law, and (2) whether the benefits to such person 330
388		-	and society that would result from such person's release to community 331
389		-	supervision substantially outweigh the benefits to such person and 332
390		-	society that would result from such person's continued incarceration. If 333
391		-	a hearing is held, and if the board determines that continued 334
392		-	confinement is necessary, the board shall articulate for the record the 335
393		-	specific reasons why such person and the public would not benefit from 336
394		-	such person serving a period of parole supervision while transitioning 337
395		-	from incarceration to the community. No hearing pursuant to the 338
396		-	provisions of this subsection may proceed unless the parole release 339
397		-	panel is in possession of the complete file for such applicant, including 340
398		-	any documentation from the Department of Correction, the trial 341 Substitute Bill No. 1502
	419	+	LCO No. 6193 12 of 24
	420	+
	421	+	from incarceration to the community. No hearing pursuant to the 331
	422	+	provisions of this subsection may proceed unless the parole release 332
	423	+	panel is in possession of the complete file for such applicant, including 333
	424	+	any documentation from the Department of Correction, the trial 334
	425	+	transcript, the sentencing record and any file of any previous parole 335
	426	+	hearing. Each member of the panel shall certify that all such 336
	427	+	documentation has been reviewed in preparation for such hearing. If a 337
	428	+	hearing is not held, the board shall document the specific reasons for not 338
	429	+	holding a hearing and provide such reasons to such person. No person 339
	430	+	shall be released on parole without receiving a hearing. The decision of 340
	431	+	the board under this subsection shall not be subject to appeal. 341
	432	+	(f) (1) Notwithstanding the provisions of subsections (a) to (e), 342
	433	+	inclusive, of this section, a person convicted of one or more crimes 343
	434	+	committed while such person was under eighteen years of age, who is 344
	435	+	incarcerated on or after October 1, 2015, and who received a definite 345
	436	+	sentence or total effective sentence of more than ten years for such crime 346
	437	+	or crimes prior to, on or after October 1, 2015, may be allowed to go at 347
	438	+	large on parole in the discretion of the panel of the Board of Pardons 348
	439	+	and Paroles for the institution in which such person is confined, 349
	440	+	provided (A) if such person is serving a sentence of fifty years or less, 350
	441	+	such person shall be eligible for parole after serving sixty per cent of the 351
	442	+	sentence or twelve years, whichever is greater, or (B) if such person is 352
	443	+	serving a sentence of more than fifty years, such person shall be eligible 353
	444	+	for parole after serving thirty years. Nothing in this subsection shall 354
	445	+	limit a person's eligibility for parole release under the provisions of 355
	446	+	subsections (a) to (e), inclusive, of this section if such person would be 356
	447	+	eligible for parole release at an earlier date under any of such provisions. 357
	448	+	(2) The board shall apply the parole eligibility rules of this subsection 358
	449	+	only with respect to the sentence for a crime or crimes committed while 359
	450	+	a person was under eighteen years of age. Any portion of a sentence that 360
	451	+	is based on a crime or crimes committed while a person was eighteen 361
	452	+	years of age or older shall be subject to the applicable parole eligibility, 362
	453	+	suitability and release rules set forth in subsections (a) to (e), inclusive, 363
	454	+	Raised Bill No. 1502
399	455
400	456
401		-	LCO 12 of 23
402	457
403		-	transcript, the sentencing record and any file of any previous parole 342
404		-	hearing. Each member of the panel shall certify that all such 343
405		-	documentation has been reviewed in preparation for such hearing. If a 344
406		-	hearing is not held, the board shall document the specific reasons for not 345
407		-	holding a hearing and provide such reasons to such person. No person 346
408		-	shall be released on parole without receiving a hearing. The decision of 347
409		-	the board under this subsection shall not be subject to appeal. 348
410		-	(f) (1) Notwithstanding the provisions of subsections (a) to (e), 349
411		-	inclusive, of this section, a person convicted of one or more crimes 350
412		-	committed while such person was under eighteen years of age, who is 351
413		-	incarcerated on or after October 1, 2015, and who received a definite 352
414		-	sentence or total effective sentence of more than ten years for such crime 353
415		-	or crimes prior to, on or after October 1, 2015, may be allowed to go at 354
416		-	large on parole in the discretion of the panel of the Board of Pardons 355
417		-	and Paroles for the institution in which such person is confined, 356
418		-	provided (A) if such person is serving a sentence of fifty years or less, 357
419		-	such person shall be eligible for parole after serving sixty per cent of the 358
420		-	sentence or twelve years, whichever is greater, or (B) if such person is 359
421		-	serving a sentence of more than fifty years, such person shall be eligible 360
422		-	for parole after serving thirty years. Nothing in this subsection shall 361
423		-	limit a person's eligibility for parole release under the provisions of 362
424		-	subsections (a) to (e), inclusive, of this section if such person would be 363
425		-	eligible for parole release at an earlier date under any of such provisions. 364
426		-	(2) The board shall apply the parole eligibility rules of this subsection 365
427		-	only with respect to the sentence for a crime or crimes committed while 366
428		-	a person was under eighteen years of age. Any portion of a sentence that 367
429		-	is based on a crime or crimes committed while a person was eighteen 368
430		-	years of age or older shall be subject to the applicable parole eligibility, 369
431		-	suitability and release rules set forth in subsections (a) to (e), inclusive, 370
432		-	of this section. 371
433		-	(3) Whenever a person becomes eligible for parole release pursuant 372
434		-	to this subsection, the board shall hold a hearing to determine such 373
435		-	person's suitability for parole release. At least twelve months prior to 374 Substitute Bill No. 1502
	458	+	LCO No. 6193 13 of 24
	459	+
	460	+	of this section. 364
	461	+	(3) Whenever a person becomes eligible for parole release pursuant 365
	462	+	to this subsection, the board shall hold a hearing to determine such 366
	463	+	person's suitability for parole release. At least twelve months prior to 367
	464	+	such hearing, the board shall notify the office of Chief Public Defender, 368
	465	+	the appropriate state's attorney, the Victim Services Unit within the 369
	466	+	Department of Correction, the Office of the Victim Advocate and the 370
	467	+	Office of Victim Services within the Judicial Department of such 371
	468	+	person's eligibility for parole release pursuant to this subsection. The 372
	469	+	office of Chief Public Defender shall assign counsel for such person 373
	470	+	pursuant to section 51-296 if such person is indigent. At any hearing to 374
	471	+	determine such person's suitability for parole release pursuant to this 375
	472	+	subsection, the board shall permit (A) such person to make a statement 376
	473	+	on such person's behalf, (B) counsel for such person and the state's 377
	474	+	attorney to submit reports and other documents, and (C) any victim of 378
	475	+	the crime or crimes to make a statement pursuant to section 54-126a. The 379
	476	+	board may request testimony from mental health professionals or other 380
	477	+	relevant witnesses, and reports from the Commissioner of Correction or 381
	478	+	other persons, as the board may require. The board shall use validated 382
	479	+	risk assessment and needs assessment tools and its risk-based 383
	480	+	structured decision making and release criteria established pursuant to 384
	481	+	subsection (d) of section 54-124a in making a determination pursuant to 385
	482	+	this subsection. 386
	483	+	(4) After such hearing, the board may allow such person to go at large 387
	484	+	on parole with respect to any portion of a sentence that was based on a 388
	485	+	crime or crimes committed while such person was under eighteen years 389
	486	+	of age if the board finds that such parole release would be consistent 390
	487	+	with the factors set forth in subdivisions (1) to (4), inclusive, of 391
	488	+	subsection (c) of section 54-300 and if it appears, from all available 392
	489	+	information, including, but not limited to, any reports from the 393
	490	+	Commissioner of Correction, that (A) there is a reasonable probability 394
	491	+	that such person will live and remain at liberty without violating the 395
	492	+	law, (B) the benefits to such person and society that would result from 396
	493	+	Raised Bill No. 1502
436	494
437	495
438		-	LCO 13 of 23
439	496
440		-	such hearing, the board shall notify the office of Chief Public Defender, 375
441		-	the appropriate state's attorney, the Victim Services Unit within the 376
442		-	Department of Correction, the Office of the Victim Advocate and the 377
443		-	Office of Victim Services within the Judicial Department of such 378
444		-	person's eligibility for parole release pursuant to this subsection. The 379
445		-	office of Chief Public Defender shall assign counsel for such person 380
446		-	pursuant to section 51-296 if such person is indigent. At any hearing to 381
447		-	determine such person's suitability for parole release pursuant to this 382
448		-	subsection, the board shall permit (A) such person to make a statement 383
449		-	on such person's behalf, (B) counsel for such person and the state's 384
450		-	attorney to submit reports and other documents, and (C) any victim of 385
451		-	the crime or crimes to make a statement pursuant to section 54-126a. The 386
452		-	board may request testimony from mental health professionals or other 387
453		-	relevant witnesses, and reports from the Commissioner of Correction or 388
454		-	other persons, as the board may require. The board shall use validated 389
455		-	risk assessment and needs assessment tools and its risk-based 390
456		-	structured decision making and release criteria established pursuant to 391
457		-	subsection (d) of section 54-124a in making a determination pursuant to 392
458		-	this subsection. 393
459		-	(4) After such hearing, the board may allow such person to go at large 394
460		-	on parole with respect to any portion of a sentence that was based on a 395
461		-	crime or crimes committed while such person was under eighteen years 396
462		-	of age if the board finds that such parole release would be consistent 397
463		-	with the factors set forth in subdivisions (1) to (4), inclusive, of 398
464		-	subsection (c) of section 54-300 and if it appears, from all available 399
465		-	information, including, but not limited to, any reports from the 400
466		-	Commissioner of Correction, that (A) there is a reasonable probability 401
467		-	that such person will live and remain at liberty without violating the 402
468		-	law, (B) the benefits to such person and society that would result from 403
469		-	such person's release to community supervision substantially outweigh 404
470		-	the benefits to such person and society that would result from such 405
471		-	person's continued incarceration, and (C) such person has demonstrated 406
472		-	substantial rehabilitation since the date such crime or crimes were 407
473		-	committed considering such person's character, background and 408 Substitute Bill No. 1502
	497	+	LCO No. 6193 14 of 24
	498	+
	499	+	such person's release to community supervision substantially outweigh 397
	500	+	the benefits to such person and society that would result from such 398
	501	+	person's continued incarceration, and (C) such person has demonstrated 399
	502	+	substantial rehabilitation since the date such crime or crimes were 400
	503	+	committed considering such person's character, background and 401
	504	+	history, as demonstrated by factors, including, but not limited to, such 402
	505	+	person's correctional record, the age and circumstances of such person 403
	506	+	as of the date of the commission of the crime or crimes, whether such 404
	507	+	person has demonstrated remorse and increased maturity since the date 405
	508	+	of the commission of the crime or crimes, such person's contributions to 406
	509	+	the welfare of other persons through service, such person's efforts to 407
	510	+	overcome substance abuse, addiction, trauma, lack of education or 408
	511	+	obstacles that such person may have faced as a child or youth in the 409
	512	+	adult correctional system, the opportunities for rehabilitation in the 410
	513	+	adult correctional system, whether the person has also applied for or 411
	514	+	received a sentence modification and the overall degree of such person's 412
	515	+	rehabilitation considering the nature and circumstances of the crime or 413
	516	+	crimes. 414
	517	+	(5) After such hearing, the board shall articulate for the record its 415
	518	+	decision and the reasons for its decision. If the board determines that 416
	519	+	continued confinement is necessary, the board may reassess such 417
	520	+	person's suitability for a new parole hearing at a later date to be 418
	521	+	determined at the discretion of the board, but not earlier than two years 419
	522	+	after the date of its decision. 420
	523	+	(6) The decision of the board under this subsection shall not be subject 421
	524	+	to appeal. 422
	525	+	(g) (1) Notwithstanding the provisions of subsections (a) to (f), 423
	526	+	inclusive, of this section, a person convicted of one or more crimes 424
	527	+	committed while such person was under twenty-one years of age, who 425
	528	+	was sentenced on or before October 1, 2005, and who received a definite 426
	529	+	sentence or total effective sentence of more than ten years' incarceration 427
	530	+	for such crime or crimes committed on or before October 1, 2005, may 428
	531	+	Raised Bill No. 1502
474	532
475	533
476		-	LCO 14 of 23
477	534
478		-	history, as demonstrated by factors, including, but not limited to, such 409
479		-	person's correctional record, the age and circumstances of such person 410
480		-	as of the date of the commission of the crime or crimes, whether such 411
481		-	person has demonstrated remorse and increased maturity since the date 412
482		-	of the commission of the crime or crimes, such person's contributions to 413
483		-	the welfare of other persons through service, such person's efforts to 414
484		-	overcome substance abuse, addiction, trauma, lack of education or 415
485		-	obstacles that such person may have faced as a child or youth in the 416
486		-	adult correctional system, the opportunities for rehabilitation in the 417
487		-	adult correctional system, whether the person has also applied for or 418
488		-	received a sentence modification and the overall degree of such person's 419
489		-	rehabilitation considering the nature and circumstances of the crime or 420
490		-	crimes. 421
491		-	(5) After such hearing, the board shall articulate for the record its 422
492		-	decision and the reasons for its decision. If the board determines that 423
493		-	continued confinement is necessary, the board may reassess such 424
494		-	person's suitability for a new parole hearing at a later date to be 425
495		-	determined at the discretion of the board, but not earlier than two years 426
496		-	after the date of its decision. 427
497		-	(6) The decision of the board under this subsection shall not be subject 428
498		-	to appeal. 429
499		-	(g) (1) Notwithstanding the provisions of subsections (a) to (f), 430
500		-	inclusive, of this section, a person convicted of one or more crimes 431
501		-	committed while such person was under twenty-one years of age, who 432
502		-	was sentenced on or before October 1, 2005, and who received a definite 433
503		-	sentence or total effective sentence of more than ten years' incarceration 434
504		-	for such crime or crimes committed on or before October 1, 2005, may 435
505		-	be allowed to go at large on parole in the discretion of the panel of the 436
506		-	Board of Pardons and Paroles for the institution in which such person is 437
507		-	confined, provided (A) if such person is serving a sentence of fifty years 438
508		-	or less, such person shall be eligible for parole after serving sixty per 439
509		-	cent of the sentence or twelve years, whichever is greater, or (B) if such 440
510		-	person is serving a sentence of more than fifty years, such person shall 441 Substitute Bill No. 1502
	535	+	LCO No. 6193 15 of 24
	536	+
	537	+	be allowed to go at large on parole in the discretion of the panel of the 429
	538	+	Board of Pardons and Paroles for the institution in which such person is 430
	539	+	confined, provided (A) if such person is serving a sentence of fifty years 431
	540	+	or less, such person shall be eligible for parole after serving sixty per 432
	541	+	cent of the sentence or twelve years, whichever is greater, or (B) if such 433
	542	+	person is serving a sentence of more than fifty years, such person shall 434
	543	+	be eligible for parole after serving thirty years. Nothing in this 435
	544	+	subsection shall limit a person's eligibility for parole release under the 436
	545	+	provisions of subsections (a) to (f), inclusive, of this section if such 437
	546	+	person would be eligible for parole release at an earlier date under any 438
	547	+	of such provisions. 439
	548	+	(2) The board shall apply the parole eligibility rules of this subsection 440
	549	+	only with respect to the sentence for a crime or crimes committed while 441
	550	+	a person was under twenty-one years of age. Any portion of a sentence 442
	551	+	that is based on a crime or crimes committed while a person was twenty-443
	552	+	one years of age or older shall be subject to the applicable parole 444
	553	+	eligibility, suitability and release rules set forth in subsections (a) to (e), 445
	554	+	inclusive, of this section. 446
	555	+	(3) Whenever a person becomes eligible for parole release pursuant 447
	556	+	to this subsection, the board shall hold a hearing to determine such 448
	557	+	person's suitability for parole release. At least twelve months prior to 449
	558	+	such hearing, the board shall notify the office of Chief Public Defender, 450
	559	+	the appropriate state's attorney, the Victim Services Unit within the 451
	560	+	Department of Correction, the Office of the Victim Advocate and the 452
	561	+	Office of Victim Services within the Judicial Department of such 453
	562	+	person's eligibility for parole release pursuant to this subsection. The 454
	563	+	office of Chief Public Defender shall assign counsel for such person 455
	564	+	pursuant to section 51-296 if such person is indigent. At any hearing to 456
	565	+	determine such person's suitability for parole release pursuant to this 457
	566	+	subsection, the board shall permit (A) such person to make a statement 458
	567	+	on such person's behalf, (B) counsel for such person and the state's 459
	568	+	attorney to submit reports and other documents, and (C) any victim of 460
	569	+	the crime or crimes to make a statement pursuant to section 54-126a. The 461
	570	+	Raised Bill No. 1502
511	571
512	572
513		-	LCO 15 of 23
514	573
515		-	be eligible for parole after serving thirty years. Nothing in this 442
516		-	subsection shall limit a person's eligibility for parole release under the 443
517		-	provisions of subsections (a) to (f), inclusive, of this section if such 444
518		-	person would be eligible for parole release at an earlier date under any 445
519		-	of such provisions. 446
520		-	(2) The board shall apply the parole eligibility rules of this subsection 447
521		-	only with respect to the sentence for a crime or crimes committed while 448
522		-	a person was under twenty-one years of age. Any portion of a sentence 449
523		-	that is based on a crime or crimes committed while a person was twenty-450
524		-	one years of age or older shall be subject to the applicable parole 451
525		-	eligibility, suitability and release rules set forth in subsections (a) to (e), 452
526		-	inclusive, of this section. 453
527		-	(3) Whenever a person becomes eligible for parole release pursuant 454
528		-	to this subsection, the board shall hold a hearing to determine such 455
529		-	person's suitability for parole release. At least twelve months prior to 456
530		-	such hearing, the board shall notify the office of Chief Public Defender, 457
531		-	the appropriate state's attorney, the Victim Services Unit within the 458
532		-	Department of Correction, the Office of the Victim Advocate and the 459
533		-	Office of Victim Services within the Judicial Department of such 460
534		-	person's eligibility for parole release pursuant to this subsection. The 461
535		-	office of Chief Public Defender shall assign counsel for such person 462
536		-	pursuant to section 51-296 if such person is indigent. At any hearing to 463
537		-	determine such person's suitability for parole release pursuant to this 464
538		-	subsection, the board shall permit (A) such person to make a statement 465
539		-	on such person's behalf, (B) counsel for such person and the state's 466
540		-	attorney to submit reports and other documents, and (C) any victim of 467
541		-	the crime or crimes to make a statement pursuant to section 54-126a. The 468
542		-	board may request testimony from mental health professionals or other 469
543		-	relevant witnesses, and reports from the Commissioner of Correction or 470
544		-	other persons, as the board may require. The board shall use validated 471
545		-	risk assessment and needs assessment tools and its risk-based 472
546		-	structured decision making and release criteria established pursuant to 473
547		-	subsection (d) of section 54-124a in making a determination pursuant to 474
548		-	this subsection. 475 Substitute Bill No. 1502
	574	+	LCO No. 6193 16 of 24
	575	+
	576	+	board may request testimony from mental health professionals or other 462
	577	+	relevant witnesses, and reports from the Commissioner of Correction or 463
	578	+	other persons, as the board may require. The board shall use validated 464
	579	+	risk assessment and needs assessment tools and its risk-based 465
	580	+	structured decision making and release criteria established pursuant to 466
	581	+	subsection (d) of section 54-124a in making a determination pursuant to 467
	582	+	this subsection. 468
	583	+	(4) After such hearing, the board may allow such person to go at large 469
	584	+	on parole with respect to any portion of a sentence that was based on a 470
	585	+	crime or crimes committed while such person was under twenty-one 471
	586	+	years of age, if the board finds that such parole release would be 472
	587	+	consistent with the factors set forth in subdivisions (1) to (4), inclusive, 473
	588	+	of subsection (c) of section 54-300 and if it appears, from all available 474
	589	+	information, including, but not limited to, any reports from the 475
	590	+	Commissioner of Correction, that (A) there is a reasonable probability 476
	591	+	that such person will live and remain at liberty without violating the 477
	592	+	law, (B) the benefits to such person and society that would result from 478
	593	+	such person's release to community supervision substantially outweigh 479
	594	+	the benefits to such person and society that would result from such 480
	595	+	person's continued incarceration, and (C) such person has demonstrated 481
	596	+	substantial rehabilitation since the date such crime or crimes were 482
	597	+	committed considering such person's character, background and 483
	598	+	history, as demonstrated by factors, including, but not limited to, such 484
	599	+	person's correctional record, the age and circumstances of such person 485
	600	+	as of the date of the commission of the crime or crimes, whether such 486
	601	+	person has demonstrated remorse and increased maturity since the date 487
	602	+	of the commission of the crime or crimes, such person's contributions to 488
	603	+	the welfare of other persons through service, such person's efforts to 489
	604	+	overcome substance abuse, addiction, trauma, lack of education or 490
	605	+	obstacles that such person may have faced as a person who was under 491
	606	+	twenty-one years of age in the adult correctional system, the 492
	607	+	opportunities for rehabilitation in the adult correctional system, 493
	608	+	whether the person has also applied for or received a sentence 494
	609	+	Raised Bill No. 1502
549	610
550	611
551		-	LCO 16 of 23
552	612
553		-	~~(4) After such hearing,~~ ~~the board may allow such person to go at large 476~~
554		-	~~on parole with respect to any portion of a sentence that was based on a 477~~
555		-	~~crime or crimes committed while~~ such person ~~was under twenty-one 478~~
556		-	~~years~~ of ~~age, if~~ the ~~board finds that such parole release would be 479~~
557		-	~~consistent with~~ the ~~factors set forth in subdivisions (1) to (4), inclusive, 480~~
558		-	~~of subsection (c) of section 54-300~~ and if ~~it appears,~~ ~~from all available 481~~
559		-	~~information~~, ~~including, but not limited to, any reports from~~ the ~~482~~
560		-	~~Commissioner of Correction, that (A) there is~~ a ~~reasonable probability 483~~
561		-	~~that such person will live and remain~~ at ~~liberty without violating~~ the ~~484~~
562		-	~~law, (B)~~ the ~~benefits to such person and society that would result from 485~~
563		-	~~such person's release to community supervision substantially outweigh 486~~
564		-	~~the benefits~~ to ~~such person and society that would result from such 487~~
565		-	~~person's continued incarceration~~, ~~and (C) such person has demonstrated 488~~
566		-	~~substantial rehabilitation since the date such crime or crimes were 489~~
567		-	~~committed considering such person's character~~, ~~background and 490~~
568		-	~~history,~~ as ~~demonstrated~~ by ~~factors, including,~~ ~~but not limited to, such 491~~
569		-	~~person's correctional record,~~ the ~~age and circumstances~~ of ~~such person 492~~
570		-	as of ~~the date of the commission of the crime or crimes~~, ~~whether such 493~~
571		-	~~person has demonstrated remorse~~ and ~~increased maturity since the date 494~~
572		-	~~of the commission of the crime~~ or ~~crimes, such person's contributions to 495~~
573		-	the ~~welfare~~ of ~~other persons through service,~~ such person's ~~efforts to 496~~
574		-	~~overcome substance abuse~~, ~~addiction, trauma,~~ ~~lack of education~~ or ~~497~~
575		-	~~obstacles that such person~~ may ~~have faced as~~ a ~~person who was under 498~~
576		-	~~twenty-one years~~ of ~~age in~~ the ~~adult correctional system,~~ ~~the 499~~
577		-	~~opportunities~~ for ~~rehabilitation~~ in ~~the adult correctional system~~, ~~500~~
578		-	~~whether the~~ person ~~has also applied for or received~~ a sentence ~~501~~
579		-	~~modification and~~ the ~~overall degree of such person's rehabilitation 502~~
580		-	~~considering the nature and circumstances~~ of ~~the crime or crimes. 503~~
581		-	~~(5)~~ After ~~such hearing,~~ ~~the board shall articulate for the record its 504~~
582		-	~~decision and~~ the ~~reasons~~ for ~~its decision.~~ ~~If the board determines that 505~~
583		-	~~continued confinement is necessary,~~ ~~the board may reassess such 506~~
584		-	person's ~~suitability for a new parole hearing at a later date to be 507~~
585		-	~~determined~~ at ~~the discretion of the board,~~ ~~but not earlier than two years 508~~
586		-	~~after the date of its decision. 509 Substitute~~ Bill No. 1502
	613	+	LCO No. 6193 17 of 24
	614	+
	615	+	modification and the overall degree of such person's rehabilitation 495
	616	+	considering the nature and circumstances of the crime or crimes. 496
	617	+	(5) After such hearing, the board shall articulate for the record its 497
	618	+	decision and the reasons for its decision. If the board determines that 498
	619	+	continued confinement is necessary, the board may reassess such 499
	620	+	person's suitability for a new parole hearing at a later date to be 500
	621	+	determined at the discretion of the board, but not earlier than two years 501
	622	+	after the date of its decision. 502
	623	+	(6) The decision of the board under this subsection shall not be subject 503
	624	+	to appeal. 504
	625	+	(h) (1) For purposes of this subsection, "domestic violence", "sexual 505
	626	+	assault", "stalking", "trafficking in persons" and "contributing factor" 506
	627	+	have the same meaning as provided in subsection (b) of section 53a-35a, 507
	628	+	as amended by this act. 508
	629	+	(2) Notwithstanding the provisions of subsections (a) to (g), inclusive, 509
	630	+	of this section, any person who is a survivor of domestic violence, sexual 510
	631	+	assault, stalking or trafficking in persons and for whom domestic 511
	632	+	violence, sexual assault, stalking or trafficking in persons was a 512
	633	+	contributing factor in the commission of such person's offense or 513
	634	+	conviction, and who received a definite sentence or total effective 514
	635	+	sentence of more than ten years, may submit an application for a parole 515
	636	+	suitability hearing before a panel of the Board of Pardons and Paroles 516
	637	+	for the institution in which such person is confined, provided (A) if such 517
	638	+	person is serving a sentence of fifty years or less, such person shall be 518
	639	+	eligible for parole after sixty per cent of the sentence or twelve years, 519
	640	+	whichever is greater, or (B) if such person is serving a sentence of more 520
	641	+	than fifty years, such person shall be eligible for parole after serving 521
	642	+	thirty years. A person shall have the opportunity to apply for parole 522
	643	+	under this subsection regardless of whether or not evidence regarding 523
	644	+	such person's survival of domestic violence, sexual assault, stalking or 524
	645	+	trafficking in persons had been presented or disclosed at such person's 525
	646	+	Raised Bill No. 1502
587	647
588	648
589		-	LCO 17 of 23
590	649
591		-	(6) The decision of the board under this subsection shall not be subject 510
592		-	to appeal. 511
593		-	(h) (1) For purposes of this subsection, "domestic violence", "sexual 512
594		-	assault", "stalking", "trafficking in persons" and "contributing factor" 513
595		-	have the same meaning as provided in subsection (b) of section 53a-35a, 514
596		-	as amended by this act. 515
597		-	(2) Notwithstanding the provisions of subsections (a) to (g), inclusive, 516
598		-	of this section, any person who is a survivor of domestic violence, sexual 517
599		-	assault, stalking or trafficking in persons and for whom domestic 518
600		-	violence, sexual assault, stalking or trafficking in persons was a 519
601		-	contributing factor in the commission of such person's offense or 520
602		-	conviction, and who received a definite sentence or total effective 521
603		-	sentence of more than ten years, may submit an application for a parole 522
604		-	suitability hearing before a panel of the Board of Pardons and Paroles 523
605		-	for the institution in which such person is confined, provided (A) if such 524
606		-	person is serving a sentence of fifty years or less, such person shall be 525
607		-	eligible for parole after serving sixty per cent of the sentence or twelve 526
608		-	years, whichever is greater, or (B) if such person is serving a sentence of 527
609		-	more than fifty years, such person shall be eligible for parole after 528
610		-	serving thirty years. A person shall have the opportunity to apply for 529
611		-	parole under this subsection regardless of whether or not evidence 530
612		-	regarding such person's survival of domestic violence, sexual assault, 531
613		-	stalking or trafficking in persons had been presented or disclosed at 532
614		-	such person's trial, sentencing hearing or any previous application for 533
615		-	parole. Nothing in this subsection shall limit a person's eligibility for 534
616		-	parole release under the provisions of subsections (a) to (e), inclusive, of 535
617		-	this section if such person would be eligible for parole release at an 536
618		-	earlier date under any such provision. 537
619		-	(3) At the time of application for a parole suitability hearing under 538
620		-	this subsection, the person shall submit at least two pieces of 539
621		-	documented proof, which may include, but not be limited to, 540
622		-	documentation described in subdivision (3) of subsection (b) of section 541
623		-	53a-35a, as amended by this act, corroborating the person's claim that 542 Substitute Bill No. 1502
	650	+	LCO No. 6193 18 of 24
	651	+
	652	+	trial, sentencing hearing or any previous application for parole. Nothing 526
	653	+	in this subsection shall limit a person's eligibility for parole release 527
	654	+	under the provisions of subsections (a) to (e), inclusive, of this section if 528
	655	+	such person would be eligible for parole release at an earlier date under 529
	656	+	any such provision. 530
	657	+	(3) At the time of application for a parole suitability hearing under 531
	658	+	this subsection, the person shall submit at least two pieces of 532
	659	+	documented proof, which may include, but not be limited to, 533
	660	+	documentation described in subdivision (3) of subsection (b) of section 534
	661	+	53a-35a, as amended by this act, corroborating the person's claim that 535
	662	+	such person is a survivor of domestic violence, sexual assault, stalking 536
	663	+	or trafficking in persons. 537
	664	+	(4) If the board finds that the person's documented proof complies 538
	665	+	with the requirements of subdivision (3) of this subsection, the board 539
	666	+	shall grant the person a parole suitability hearing not later than one 540
	667	+	hundred twenty days after such finding to aid the board in determining 541
	668	+	whether the person should be released on parole. 542
	669	+	(5) At the parole suitability hearing, the board shall allow the person 543
	670	+	to present additional evidence to demonstrate that such person is a 544
	671	+	survivor of domestic violence, sexual assault, stalking or trafficking in 545
	672	+	persons and that domestic violence, sexual assault, stalking or 546
	673	+	trafficking in persons was a contributing factor in the commission of 547
	674	+	such person's offense. The board may request testimony from mental 548
	675	+	health professionals or other relevant witnesses as the board sees fit. 549
	676	+	(6) At such hearing, the board shall give substantial weight to any 550
	677	+	evidence that (A) the person is a survivor of domestic violence, sexual 551
	678	+	assault, stalking or trafficking in persons, and (B) domestic violence, 552
	679	+	sexual assault, stalking or trafficking in persons was a contributing 553
	680	+	factor in the commission of the offense, in determining parole suitability 554
	681	+	as it may pertain to (i) whether there is a reasonable probability that 555
	682	+	such person will live and remain at liberty without violating the law, 556
	683	+	Raised Bill No. 1502
624	684
625	685
626		-	LCO 18 of 23
627	686
628		-	such person is a survivor of domestic violence, sexual assault, stalking 543
629		-	or trafficking in persons. 544
630		-	(4) If the board finds that the person's documented proof complies 545
631		-	with the requirements of subdivision (3) of this subsection, the board 546
632		-	shall grant the person a parole suitability hearing not later than one 547
633		-	hundred twenty days after such finding to aid the board in determining 548
634		-	whether the person should be released on parole. 549
635		-	(5) At the parole suitability hearing, the board shall allow the person 550
636		-	to present additional evidence to demonstrate that such person is a 551
637		-	survivor of domestic violence, sexual assault, stalking or trafficking in 552
638		-	persons and that domestic violence, sexual assault, stalking or 553
639		-	trafficking in persons was a contributing factor in the commission of 554
640		-	such person's offense. The board may request testimony from mental 555
641		-	health professionals or other relevant witnesses as the board sees fit. 556
642		-	(6) At such hearing, the board shall give substantial weight to any 557
643		-	evidence that (A) the person is a survivor of domestic violence, sexual 558
644		-	assault, stalking or trafficking in persons, and (B) domestic violence, 559
645		-	sexual assault, stalking or trafficking in persons was a contributing 560
646		-	factor in the commission of the offense, in determining parole suitability 561
647		-	as it may pertain to (i) whether there is a reasonable probability that 562
648		-	such person will live and remain at liberty without violating the law, 563
649		-	and (ii) whether the benefits to such person and society that would 564
650		-	result from such person's release to community supervision 565
651		-	substantially outweigh the benefits to such person and society that 566
652		-	would result from such person's continued incarceration. 567
653		-	(7) After such hearing, the board shall articulate for the record its 568
654		-	decision and the reasons for its decision. If the board determines that the 569
655		-	person is suitable for parole under this subsection, the board may allow 570
656		-	such person to go at large on parole with respect to any portion of a 571
657		-	sentence that was based on an offense or offenses committed for which 572
658		-	domestic violence, sexual assault, stalking or trafficking in persons was 573
659		-	a contributing factor. If the board determines that continued 574 Substitute Bill No. 1502
	687	+	LCO No. 6193 19 of 24
	688	+
	689	+	and (ii) whether the benefits to such person and society that would 557
	690	+	result from such person's release to community supervision 558
	691	+	substantially outweigh the benefits to such person and society that 559
	692	+	would result from such person's continued incarceration. 560
	693	+	(7) After such hearing, the board shall articulate for the record its 561
	694	+	decision and the reasons for its decision. If the board determines that the 562
	695	+	person is suitable for parole under this subsection, the board may allow 563
	696	+	such person to go at large on parole with respect to any portion of a 564
	697	+	sentence that was based on an offense or offenses committed for which 565
	698	+	domestic violence, sexual assault, stalking or trafficking in persons was 566
	699	+	a contributing factor. If the board determines that continued 567
	700	+	confinement is necessary, the board may reassess such person's 568
	701	+	suitability for a new parole hearing at a later date not earlier than two 569
	702	+	years after the date of the board's decision. 570
	703	+	[(h)] (i) Any person released on parole under this section shall remain 571
	704	+	in the custody of the Commissioner of Correction and be subject to 572
	705	+	supervision by personnel of the Department of Correction during such 573
	706	+	person's period of parole. 574
	707	+	(j) Nothing in subsection (h) of this section shall preclude a defendant 575
	708	+	from seeking relief under section 51-195, 51-196, 53a-39, as amended by 576
	709	+	this act, 54-95c, 54-125a, as amended by this act, or 54-130a, as amended 577
	710	+	by this act, or any other statute pertaining to sentence reduction or relief. 578
	711	+	(k) Not later than January 15, 2026, and annually thereafter, the Board 579
	712	+	of Pardons and Parole shall report on its Internet web site information 580
	713	+	from the previous calendar year relevant to the use of subsection (h) of 581
	714	+	this section, as a basis for parole relief, including, but not limited to: (1) 582
	715	+	The number of applications submitted pursuant to subsection (h) of this 583
	716	+	section, and (2) the number of applications that were granted parole 584
	717	+	pursuant to subsection (h) of this section. 585
	718	+	Sec. 4. Section 54-130a of the general statutes is repealed and the 586
	719	+	following is substituted in lieu thereof (Effective October 1, 2025): 587
	720	+	Raised Bill No. 1502
660	721
661	722
662		-	LCO 19 of 23
663	723
664		-	confinement is necessary, the board may reassess such person's 575
665		-	suitability for a new parole hearing at a later date not earlier than two 576
666		-	years after the date of the board's decision. 577
667		-	[(h)] (i) Any person released on parole under this section shall remain 578
668		-	in the custody of the Commissioner of Correction and be subject to 579
669		-	supervision by personnel of the Department of Correction during such 580
670		-	person's period of parole. 581
671		-	(j) Nothing in subsection (h) of this section shall preclude a defendant 582
672		-	from seeking relief under section 51-195, 51-196, 53a-39, as amended by 583
673		-	this act, 54-95c, 54-125a, as amended by this act, or 54-130a, as amended 584
674		-	by this act, or any other statute pertaining to sentence reduction or relief. 585
675		-	(k) Not later than January 15, 2027, and annually thereafter, the Board 586
676		-	of Pardons and Paroles shall report on its Internet web site information 587
677		-	from the previous calendar year relevant to the use of subsection (h) of 588
678		-	this section, as a basis for parole relief, including, but not limited to: (1) 589
679		-	The number of applications submitted pursuant to subsection (h) of this 590
680		-	section, and (2) the number of applications that were granted parole 591
681		-	pursuant to subsection (h) of this section. 592
682		-	Sec. 4. Section 54-130a of the general statutes is repealed and the 593
683		-	following is substituted in lieu thereof (Effective January 1, 2026): 594
684		-	(a) Jurisdiction over the granting of, and the authority to grant, 595
685		-	commutations of punishment or releases, conditioned or absolute, in the 596
686		-	case of any person convicted of any offense against the state and 597
687		-	commutations from the penalty of death shall be vested in the Board of 598
688		-	Pardons and Paroles. 599
689		-	(b) The board shall have authority to grant pardons, conditioned, 600
690		-	provisional or absolute, or certificates of rehabilitation for any offense 601
691		-	against the state at any time after the imposition and before or after the 602
692		-	service of any sentence. 603
693		-	(c) The board may accept an application for a pardon three years after 604 Substitute Bill No. 1502
	724	+	LCO No. 6193 20 of 24
	725	+
	726	+	(a) Jurisdiction over the granting of, and the authority to grant, 588
	727	+	commutations of punishment or releases, conditioned or absolute, in the 589
	728	+	case of any person convicted of any offense against the state and 590
	729	+	commutations from the penalty of death shall be vested in the Board of 591
	730	+	Pardons and Paroles. 592
	731	+	(b) The board shall have authority to grant pardons, conditioned, 593
	732	+	provisional or absolute, or certificates of rehabilitation for any offense 594
	733	+	against the state at any time after the imposition and before or after the 595
	734	+	service of any sentence. 596
	735	+	(c) The board may accept an application for a pardon three years after 597
	736	+	an applicant's conviction of a misdemeanor or violation and five years 598
	737	+	after an applicant's conviction of a felony, except that the board, upon a 599
	738	+	finding of extraordinary circumstances, may accept an application for a 600
	739	+	pardon prior to such dates. 601
	740	+	(d) Prior to holding a session to consider whether to grant any 602
	741	+	commutation of punishment, release or pardon in the case of any person 603
	742	+	convicted of any offense against the state, the board shall, upon written 604
	743	+	request, provide the state's attorney for the jurisdictional district in 605
	744	+	which any conviction for such offense was obtained with a copy of the 606
	745	+	convicted person's application, any materials and documentation filed 607
	746	+	in support thereof, except for any information contained in the 608
	747	+	application, materials and documentation that are confidential, 609
	748	+	privileged and nondisclosable pursuant to state or federal law, any 610
	749	+	information obtained by the board about the convicted person pursuant 611
	750	+	to section 54-130c, and shall permit such state's attorney, or such state's 612
	751	+	attorney's designee, to appear at such session for the purpose of making 613
	752	+	a statement for the record concerning whether the convicted person 614
	753	+	should be granted any such commutation of punishment, release or 615
	754	+	pardon. 616
	755	+	(e) Whenever the board grants an absolute pardon to any person, the 617
	756	+	board shall cause notification of such pardon to be made in writing to 618
	757	+	Raised Bill No. 1502
694	758
695	759
696		-	LCO 20 of 23
697	760
698		-	an applicant's conviction of a misdemeanor or violation and five years 605
699		-	after an applicant's conviction of a felony, except that the board, upon a 606
700		-	finding of extraordinary circumstances, may accept an application for a 607
701		-	pardon prior to such dates. 608
702		-	(d) Prior to holding a session to consider whether to grant any 609
703		-	commutation of punishment, release or pardon in the case of any person 610
704		-	convicted of any offense against the state, the board shall, upon written 611
705		-	request, provide the state's attorney for the jurisdictional district in 612
706		-	which any conviction for such offense was obtained with a copy of the 613
707		-	convicted person's application, any materials and documentation filed 614
708		-	in support thereof, except for any information contained in the 615
709		-	application, materials and documentation that are confidential, 616
710		-	privileged and nondisclosable pursuant to state or federal law, any 617
711		-	information obtained by the board about the convicted person pursuant 618
712		-	to section 54-130c, and shall permit such state's attorney, or such state's 619
713		-	attorney's designee, to appear at such session for the purpose of making 620
714		-	a statement for the record concerning whether the convicted person 621
715		-	should be granted any such commutation of punishment, release or 622
716		-	pardon. 623
717		-	(e) Whenever the board grants an absolute pardon to any person, the 624
718		-	board shall cause notification of such pardon to be made in writing to 625
719		-	the clerk of the court in which such person was convicted, or the Office 626
720		-	of the Chief Court Administrator if such person was convicted in the 627
721		-	Court of Common Pleas, the Circuit Court, a municipal court, or a trial 628
722		-	justice court. 629
723		-	(f) Whenever the board grants a provisional pardon or a certificate of 630
724		-	rehabilitation to any person, the board shall cause notification of such 631
725		-	provisional pardon or certificate of rehabilitation to be made in writing 632
726		-	to the clerk of the court in which such person was convicted. The 633
727		-	granting of a provisional pardon or a certificate of rehabilitation does 634
728		-	not entitle such person to erasure of the record of the conviction of the 635
729		-	offense or relieve such person from disclosing the existence of such 636
730		-	conviction as may be required. 637 Substitute Bill No. 1502
	761	+	LCO No. 6193 21 of 24
	762	+
	763	+	the clerk of the court in which such person was convicted, or the Office 619
	764	+	of the Chief Court Administrator if such person was convicted in the 620
	765	+	Court of Common Pleas, the Circuit Court, a municipal court, or a trial 621
	766	+	justice court. 622
	767	+	(f) Whenever the board grants a provisional pardon or a certificate of 623
	768	+	rehabilitation to any person, the board shall cause notification of such 624
	769	+	provisional pardon or certificate of rehabilitation to be made in writing 625
	770	+	to the clerk of the court in which such person was convicted. The 626
	771	+	granting of a provisional pardon or a certificate of rehabilitation does 627
	772	+	not entitle such person to erasure of the record of the conviction of the 628
	773	+	offense or relieve such person from disclosing the existence of such 629
	774	+	conviction as may be required. 630
	775	+	(g) In the case of any person convicted of a violation for which a 631
	776	+	sentence to a term of imprisonment may be imposed, the board shall 632
	777	+	have authority to grant a pardon, conditioned, provisional or absolute, 633
	778	+	or a certificate of rehabilitation in the same manner as in the case of any 634
	779	+	person convicted of an offense against the state. 635
	780	+	(h) (1) For purposes of this subsection, "domestic violence", "sexual 636
	781	+	assault", "stalking", "trafficking in persons" and "contributing factor" 637
	782	+	have the same meaning as provided in subsection (b) of section 53a-35a, 638
	783	+	as amended by this act. 639
	784	+	(2) Notwithstanding the provisions of subsections (a) to (f), inclusive, 640
	785	+	of this section, the board shall accept applications for commutations of 641
	786	+	sentences from any person, including any person who is not otherwise 642
	787	+	eligible for sentence commutation, (A) if such person is a survivor of 643
	788	+	domestic violence, sexual assault, stalking or trafficking in persons, and 644
	789	+	(B) for whom domestic violence, sexual assault, stalking or trafficking 645
	790	+	in persons was a contributing factor in the commission of such person's 646
	791	+	offense. An applicant shall have the opportunity to apply for 647
	792	+	commutation under this subsection regardless of whether or not 648
	793	+	evidence regarding such person's survival of domestic violence, sexual 649
	794	+	Raised Bill No. 1502
731	795
732	796
733		-	LCO 21 of 23
734	797
735		-	(g) In the case of any person convicted of a violation for which a 638
736		-	sentence to a term of imprisonment may be imposed, the board shall 639
737		-	have authority to grant a pardon, conditioned, provisional or absolute, 640
738		-	or a certificate of rehabilitation in the same manner as in the case of any 641
739		-	person convicted of an offense against the state. 642
740		-	(h) (1) For purposes of this subsection, "domestic violence", "sexual 643
741		-	assault", "stalking", "trafficking in persons" and "contributing factor" 644
742		-	have the same meaning as provided in subsection (b) of section 53a-35a, 645
743		-	as amended by this act. 646
744		-	(2) Notwithstanding the provisions of subsections (a) to (f), inclusive, 647
745		-	of this section, the board shall accept applications for commutations of 648
746		-	sentences from any person who has a total effective sentence of an 649
747		-	aggregate term or terms of imprisonment of ten years or more and who 650
748		-	has served at least ten years of such term, including any person who is 651
749		-	not otherwise eligible for sentence commutation, (A) if such person is a 652
750		-	survivor of domestic violence, sexual assault, stalking or trafficking in 653
751		-	persons, and (B) for whom domestic violence, sexual assault, stalking or 654
752		-	trafficking in persons was a contributing factor in the commission of 655
753		-	such person's offense. An applicant shall have the opportunity to apply 656
754		-	for commutation under this subsection regardless of whether or not 657
755		-	evidence regarding such person's survival of domestic violence, sexual 658
756		-	assault, stalking or trafficking in persons had been presented or 659
757		-	disclosed at such person's trial, sentencing hearing or any application 660
758		-	for parole. If any person applied for and was denied commutation 661
759		-	before January 1, 2026, such person may apply for sentence 662
760		-	commutation under this subsection if such denial was for an application 663
761		-	filed on or after January 1, 2021, and prior to January 1, 2026. 664
762		-	(3) At the time of application for sentence commutation under this 665
763		-	subsection, the applicant shall submit at least two pieces of documented 666
764		-	proof, which may include, but need not be limited to, documentation 667
765		-	described in subdivision (3) of subsection (b) of section 53a-35a, as 668
766		-	amended by this act, corroborating the applicant's claim that such 669
767		-	person is a survivor of domestic violence, sexual assault, stalking or 670 Substitute Bill No. 1502
	798	+	LCO No. 6193 22 of 24
	799	+
	800	+	assault, stalking or trafficking in persons had been presented or 650
	801	+	disclosed at such person's trial, sentencing hearing or any application 651
	802	+	for parole. 652
	803	+	(3) At the time of application for sentence commutation under this 653
	804	+	subsection, the applicant shall submit at least two pieces of documented 654
	805	+	proof, which may include, but need not be limited to, documentation 655
	806	+	described in subdivision (3) of subsection (b) of section 53a-35a, as 656
	807	+	amended by this act, corroborating the applicant's claim that such 657
	808	+	person is a survivor of domestic violence, sexual assault, stalking or 658
	809	+	trafficking in persons. 659
	810	+	(4) The board shall review any such application and the board shall 660
	811	+	give substantial weight to any evidence that (A) the applicant is a 661
	812	+	survivor of domestic violence, sexual assault, stalking or trafficking in 662
	813	+	persons, and (B) domestic violence, sexual assault, stalking or trafficking 663
	814	+	in persons was a contributing factor in the commission of the offense for 664
	815	+	which the applicant is seeking sentence commutation. 665
	816	+	(5) The board may hold a hearing to aid the board in determining 666
	817	+	whether the applicant's survival of domestic violence, sexual assault, 667
	818	+	stalking or trafficking in persons was a contributing factor in the 668
	819	+	commission of the applicant's offense. At such hearing, the board shall 669
	820	+	allow the applicant to present relevant additional evidence. The board 670
	821	+	may request testimony from mental health professionals or other 671
	822	+	relevant witnesses, as the board sees fit. 672
	823	+	(i) Nothing in subsection (h) of this section shall preclude a defendant 673
	824	+	from seeking relief under section 51-195, 51-196, 53a-39, as amended by 674
	825	+	this act, 54-95c, 54-125a, as amended by this act, or 54-130a, as amended 675
	826	+	by this act, or any other statute pertaining to sentence reduction or relief. 676
	827	+	[(h)] (j) The board shall not deny any application for a pardon, unless 677
	828	+	the board provides a statement in writing to the applicant of the factors 678
	829	+	considered when determining whether the applicant qualified for the 679
	830	+	pardon and an explanation as to which factors were not satisfied. For 680
	831	+	Raised Bill No. 1502
768	832
769	833
770		-	LCO 22 of 23
771	834
772		-	trafficking in persons. 671
773		-	(4) The board shall review any such application and the board shall 672
774		-	give substantial weight to any evidence that (A) the applicant is a 673
775		-	survivor of domestic violence, sexual assault, stalking or trafficking in 674
776		-	persons, and (B) domestic violence, sexual assault, stalking or trafficking 675
777		-	in persons was a contributing factor in the commission of the offense for 676
778		-	which the applicant is seeking sentence commutation. 677
779		-	(5) The board may hold a hearing to aid the board in determining 678
780		-	whether the applicant's survival of domestic violence, sexual assault, 679
781		-	stalking or trafficking in persons was a contributing factor in the 680
782		-	commission of the applicant's offense. At such hearing, the board shall 681
783		-	allow the applicant to present relevant additional evidence. The board 682
784		-	may request testimony from mental health professionals or other 683
785		-	relevant witnesses, as the board sees fit. 684
786		-	(i) Nothing in subsection (h) of this section shall preclude a defendant 685
787		-	from seeking relief under section 51-195, 51-196, 53a-39, as amended by 686
788		-	this act, 54-95c, 54-125a, as amended by this act, or 54-130a, as amended 687
789		-	by this act, or any other statute pertaining to sentence reduction or relief. 688
790		-	[(h)] (j) The board shall not deny any application for a pardon, unless 689
791		-	the board provides a statement in writing to the applicant of the factors 690
792		-	considered when determining whether the applicant qualified for the 691
793		-	pardon and an explanation as to which factors were not satisfied. For 692
794		-	any application submitted pursuant to subsection (h) of this section, the 693
795		-	board shall articulate for the record the board's decision and the reasons 694
796		-	for the decision to grant or deny commutation of sentence. 695
797		-	(k) Not later than January 15, 2027, and annually thereafter, the Board 696
798		-	of Pardons and Paroles shall report on its Internet web site information 697
799		-	from the previous calendar year relevant to the use of subsection (h) of 698
800		-	this section as a basis for commutation of a sentence, including, but not 699
801		-	limited to: (1) The number of applications submitted pursuant to 700
802		-	subsection (h) of this section, and (2) the number of applications that 701
803		-	were granted commutation pursuant to subsection (h) of this section. 702 Substitute Bill No. 1502
	835	+	LCO No. 6193 23 of 24
804	836
805		-
806		-	LCO 23 of 23
807		-
808		-	Sec. 5. (NEW) (Effective January 1, 2026) Not later than January 15, 703
809		-	2027, and annually thereafter, the Judicial Branch shall report on its 704
810		-	Internet web site information from the previous calendar year relevant 705
811		-	to sentencing relief provided on the basis that domestic violence, 706
812		-	stalking or trafficking in persons was found to be a contributing factor 707
813		-	to the commission of a defendant's offense, including, but not limited 708
814		-	to, (1) the number of defendants in each judicial district who were 709
815		-	granted a lesser sentence pursuant to subsection (b) of section 53a-35a 710
816		-	of the general statutes, as amended by this act, (2) the number of 711
817		-	defendants in each judicial district who applied for sentencing 712
818		-	modification pursuant to subsection (g) of section 53a-39 of the general 713
819		-	statutes, as amended by this act, and (3) the number of defendants 714
820		-	granted sentencing modification pursuant to subsection (g) of section 715
821		-	53a-39 of the general statutes, as amended by this act. 716
	837	+	any application submitted pursuant to subsection (h) of this section, the 681
	838	+	board shall articulate for the record the board's decision and the reasons 682
	839	+	for the decision to grant or deny commutation of sentence. 683
	840	+	(k) Not later than January 15, 2026, and annually thereafter, the Board 684
	841	+	of Pardons and Parole shall report on its Internet web site information 685
	842	+	from the previous calendar year relevant to the use of subsection (h) of 686
	843	+	this section as a basis for commutation of a sentence, including, but not 687
	844	+	limited to: (1) The number of applications submitted pursuant to 688
	845	+	subsection (h) of this section, and (2) the number of applications that 689
	846	+	were granted commutation pursuant to subsection (h) of this section. 690
	847	+	Sec. 5. (NEW) (Effective October 1, 2025) Not later than January 15, 691
	848	+	2026, and annually thereafter, the executive director of the Court 692
	849	+	Support Services Division of the Judicial Branch shall report on its 693
	850	+	Internet web site information from the previous calendar year relevant 694
	851	+	to sentencing relief provided on the basis that domestic violence, 695
	852	+	stalking or trafficking in persons was found to be a contributing factor 696
	853	+	to the commission of a defendant's offense, including, but not limited 697
	854	+	to, (1) the number of defendants in each judicial district who were 698
	855	+	granted a lesser sentence pursuant to subsection (b) of section 53a-35a 699
	856	+	of the general statutes, as amended by this act, (2) the number of 700
	857	+	defendants in each judicial district who applied for sentencing 701
	858	+	modification pursuant to subsection (g) of section 53a-39 of the general 702
	859	+	statutes, as amended by this act, and (3) the number of defendants 703
	860	+	granted sentencing modification pursuant to subsection (g) of section 704
	861	+	53a-39 of the general statutes, as amended by this act. 705
822	862		This act shall take effect as follows and shall amend the following
823	863		sections:
824	864
825		-	Section 1 January 1, 2026 53a-35a
826		-	Sec. 2 January 1, 2026 53a-39
827		-	Sec. 3 January 1, 2026 54-125a
828		-	Sec. 4 January 1, 2026 54-130a
829		-	Sec. 5 January 1, 2026 New section
	865	+	Section 1 October 1, 2025 53a-35a
	866	+	Sec. 2 October 1, 2025 53a-39
	867	+	Sec. 3 October 1, 2025 54-125a
	868	+	Sec. 4 October 1, 2025 54-130a
	869	+	Sec. 5 October 1, 2025 New section
	870	+	Raised Bill No. 1502
830	871
831		-	JUD Joint Favorable Subst.
	872	+
	873	+
	874	+	LCO No. 6193 24 of 24
	875	+
	876	+
	877	+	Statement of Purpose:
	878	+	To permit survivors of domestic violence, sexual assault, stalking or
	879	+	trafficking in persons for whom violence or abuse suffered by such
	880	+	survivors was a contributing factor influencing such survivor to commit
	881	+	an offense to be eligible for a sentence reduction or relief.
	882	+
	883	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	884	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	885	+	underlined.]
832	886