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 Section 53a-35a of the general statutes is repealed and the 1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