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Connecticut Senate Bill SB01541

Connecticut 2025 Regular Session

Connecticut Senate Bill SB01541 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 1541
66 January Session, 2025
77 LCO No. 6735
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1010 Referred to Committee on JUDICIARY
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1313 Introduced by:
1414 (JUD)
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1919 AN ACT CONCERNING THE OFFICE OF THE CORRECTION
2020 OMBUDS, USE OF FORCE AND BODY CAMERAS IN
2121 CORRECTIONAL FACILITIES, CLAIMS AGAINST THE STATE BY
2222 PERSONS WHO ARE INCARCERATED.
2323 Be it enacted by the Senate and House of Representatives in General
2424 Assembly convened:
2525
2626 Section 1. Subsection (m) of section 18-81jj of the general statutes is 1
2727 repealed and the following is substituted in lieu thereof (Effective from 2
2828 passage): 3
2929 (m) The person appointed as Correction Ombuds shall serve for an 4
3030 initial term of [two] four years to run concurrent with the term of the 5
3131 Governor and may serve until a successor is appointed and confirmed 6
3232 in accordance with this section. Such person may be reappointed for 7
3333 succeeding terms. 8
3434 Sec. 2. Section 18-81qq of the general statutes is repealed and the 9
3535 following is substituted in lieu thereof (Effective from passage): 10
3636 (a) (1) There is, within the Office of Governmental Accountability 11
3737 established under section 1-300, the Office of the Correction Ombuds for 12
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4444 the provision of ombuds services. The Correction Ombuds appointed 13
4545 pursuant to section 18-81jj, as amended by this act, shall be the head of 14
4646 said office. 15
4747 (2) For purposes of this section, "ombuds services" includes: 16
4848 (A) Evaluating the delivery of services to persons who are 17
4949 incarcerated [persons] by the Department of Correction; 18
5050 (B) Reviewing periodically the nonemergency procedures 19
5151 established by the department to carry out the provisions of title 18 and 20
5252 evaluating whether such procedures conflict with the rights of 21
5353 [incarcerated] persons who are incarcerated; 22
5454 (C) Receiving communications, [from persons in the custody of the 23
5555 Commissioner of Correction] including telephone calls and electronic 24
5656 mail from persons who are incarcerated, who shall be permitted to make 25
5757 such telephone or electronic mail communications free of charge, 26
5858 regarding decisions, actions, omissions, policies, procedures, rules or 27
5959 regulations of the department; 28
6060 (D) Conducting announced or unannounced site visits of correctional 29
6161 facilities administered by the department, without restrictions on such 30
6262 visits, including during periods when a facility is locked down or 31
6363 experiencing a facility-wide emergency, provided the department may 32
6464 restrict access to a portion of a facility in an emergency situation for the 33
6565 duration of the emergency. For the purpose of this subdivision, a 34
6666 situation or event constituting an emergency shall be determined by the 35
6767 commissioner or the commissioner's designee, to be a situation 36
6868 constituting a significant risk to the safety or security of the facility, or 37
6969 the health, safety or security of department staff or persons who are 38
7070 incarcerated, or an event that significantly compromises the operations 39
7171 of the facility; 40
7272 (E) Reviewing the operation of correctional facilities and 41
7373 nonemergency procedures employed at such facilities. Nonemergency 42
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8080 procedures include, but are not limited to, the department's use of force 43
8181 procedures; 44
8282 (F) Recommending procedure and policy revisions to the 45
8383 department; 46
8484 (G) Taking all possible actions, including, but not limited to, 47
8585 conducting programs of public education, undertaking legislative 48
8686 advocacy and making proposals for systemic reform and formal legal 49
8787 action in order to secure and ensure the rights of persons in the custody 50
8888 of the commissioner. The Correction Ombuds shall exhaust all other 51
8989 means to reach a resolution before initiating litigation; [and] 52
9090 (H) Conducting surveys by sending or distributing during facility 53
9191 visits, confidential written and electronic communications or 54
9292 questionnaires to persons who are incarcerated or employees of the 55
9393 Department of Correction concerning conditions of confinement, 56
9494 working conditions or other subjects within the scope of the duties of 57
9595 the Office of the Correction Ombuds, without prior approval of the 58
9696 department. Such persons who are incarcerated or employees shall be 59
9797 permitted to complete and return to said office such surveys either in 60
9898 written format or electronically; and 61
9999 [(H)] (I) Publishing on an Internet web site operated by the Office of 62
100100 the Correction Ombuds a semiannual summary of all ombuds services 63
101101 and activities during the six-month period before such publication. 64
102102 (b) Notwithstanding any provision of the general statutes, the 65
103103 Correction Ombuds shall act independently of any department in the 66
104104 performance of the office's duties. 67
105105 (c) The Correction Ombuds may, within available funds, appoint 68
106106 such staff as may be deemed necessary. The duties of the staff may 69
107107 include the duties and powers of the Correction Ombuds if performed 70
108108 under the direction of the Correction Ombuds. 71
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115115 [(d) The General Assembly shall annually appropriate such sums as 72
116116 necessary for the payment of the salaries of the staff and for the payment 73
117117 of office expenses and other actual expenses incurred by the Correction 74
118118 Ombuds in the performance of the Correction Ombuds' duties. Any 75
119119 legal or court fees obtained by the state in actions brought by the 76
120120 Correction Ombuds shall be deposited in the General Fund.] 77
121121 (d) (1) Notwithstanding any provision of the general statutes, the 78
122122 appropriations recommended for the Office of the Correction Ombuds 79
123123 shall be the estimates of the expenditure requirements transmitted to the 80
124124 Secretary of the Office of Policy and Management by the Correction 81
125125 Ombuds and the recommended adjustments and revisions of such 82
126126 estimates shall be the recommended adjustments and revisions, if any, 83
127127 transmitted by said Correction Ombuds to the director of Policy and 84
128128 Management. 85
129129 (2) Notwithstanding any provision of the general statutes, the 86
130130 Governor shall not reduce allotment requisitions or allotments in force 87
131131 concerning the Office of the Correction Ombuds. 88
132132 (e) (1) The Correction Ombuds need not investigate a complaint, if 89
133133 the Correction Ombuds determines such investigation is not warranted. 90
134134 [(e)] (2) In the course of [investigations] an investigation, the 91
135135 Correction Ombuds shall rely on a variety of sources to corroborate 92
136136 matters raised by persons who are incarcerated [persons] or others. 93
137137 Where such matters turn on validation of particular incidents, the 94
138138 Correction Ombuds shall endeavor to rely on communications from 95
139139 persons who are incarcerated [persons] who have reasonably pursued a 96
140140 resolution of the complaint through any existing internal grievance 97
141141 procedures of the Department of Correction. In all events, the 98
142142 Correction Ombuds shall make good faith efforts to provide an 99
143143 opportunity to the Commissioner of Correction to investigate and to 100
144144 respond to such concerns prior to making such matters public. 101
145145 (3) (A) At the conclusion of an investigation, the Correction Ombuds 102
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152152 shall render a public decision on the merits of each complaint, except 103
153153 that the documents supporting the decision are subject to relevant 104
154154 confidentiality provisions. The Correction Ombuds shall communicate 105
155155 the decision to the person making the complaint and to the department. 106
156156 The Correction Ombuds shall include in any decision (i) findings of any 107
157157 department administrative directive, state or constitutional right that 108
158158 has been violated by the department or an employee of the department; 109
159159 and (ii) recommendations and reasoning if, in the Correction Ombuds' 110
160160 opinion, the department or any employee should (I) further consider the 111
161161 matter investigated; (II) modify or cancel an action of the department or 112
162162 employee; (III) alter a rule, practice or ruling; (IV) explain in detail the 113
163163 action in question; or (V) rectify an omission of the department or 114
164164 employee. 115
165165 (B) Prior to issuing a decision pursuant to subparagraph (A) of this 116
166166 subdivision that expressly, or by implication, criticizes the department 117
167167 or an employee of the department, the Correction Ombuds shall consult 118
168168 with the department or employee, as applicable. 119
169169 (4) At the Correction Ombuds' request, the department shall, within 120
170170 the time specified by the Correction Ombuds, inform the Correction 121
171171 Ombuds of any action taken on recommendations contained in a 122
172172 decision pursuant to subdivision (3) of this subsection or any reason for 123
173173 not complying with any such recommendation. The Correction Ombuds 124
174174 shall notify the incarcerated person whose complaint resulted in a 125
175175 decision containing such recommendation, of any action taken by the 126
176176 department in response to such recommendation, unless such action is 127
177177 confidential. 128
178178 (f) (1) All oral and written communications, including, but not limited 129
179179 to, in response to any survey, and records relating to such 130
180180 communications between a person in the custody of the Commissioner 131
181181 of Correction, or an employee of the Department of Correction, and the 132
182182 Correction Ombuds or a member of the Office of the Correction 133
183183 Ombuds staff, including, but not limited to, the identity of a 134
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190190 complainant, the details of the communications and the Correction 135
191191 Ombuds' findings shall be confidential and shall not be disclosed 136
192192 without the consent of such person, except that the Correction Ombuds 137
193193 may disclose without the consent of such person general findings or 138
194194 policy recommendations based on such communications, provided no 139
195195 individually identifiable information is disclosed. The Correction 140
196196 Ombuds shall disclose sufficient information to the Commissioner of 141
197197 Correction or the commissioner's designee as is necessary to respond to 142
198198 the Correction Ombuds' inquiries or to carry out recommendations, but 143
199199 such information may not be further disclosed outside of the 144
200200 Department of Correction. 145
201201 (2) Mail received by the Office of Correction Ombuds shall be 146
202202 privileged communication, and any and all processing controls, 147
203203 allowances for limited free postage and advances of funds to persons 148
204204 who are incarcerated for postage shall apply to such privileged 149
205205 communications sent to said office. For the purposes of this section, 150
206206 identical or blank surveys and questionnaires received by said office 151
207207 shall not be privileged communication. 152
208208 (g) Notwithstanding the provisions of subsection (f) of this section, 153
209209 whenever in the course of carrying out the Correction Ombuds' duties, 154
210210 the Correction Ombuds or a member of the Office of the Correction 155
211211 Ombuds staff becomes aware of the commission or planned commission 156
212212 of a criminal act or threat that the Correction Ombuds reasonably 157
213213 believes is likely to result in death or substantial bodily harm, the 158
214214 Correction Ombuds shall notify the Commissioner of Correction or an 159
215215 administrator of any correctional facility housing the perpetrator or 160
216216 potential perpetrator of such act or threat and the nature and target of 161
217217 the act or threat. 162
218218 (h) Notwithstanding any provision of the general statutes concerning 163
219219 the confidentiality of records and information, the Correction Ombuds 164
220220 shall have access to, including the right to inspect and copy, any records 165
221221 necessary to carry out the responsibilities of the Correction Ombuds, as 166
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228228 provided in this section. The provisions of this subsection shall not be 167
229229 construed to compel access to any record protected by the attorney-168
230230 client privilege or attorney-work product doctrine or any record related 169
231231 to a pending internal investigation, external criminal investigation or 170
232232 emergency procedures. For purposes of this subsection, "emergency 171
233233 procedures" are procedures the Department of Correction uses to 172
234234 manage control of tools, keys and armories and concerning department 173
235235 emergency plans, emergency response units, facility security levels and 174
236236 standards and radio communications. 175
237237 (i) The Correction Ombuds may issue subpoenas to compel the 176
238238 attendance and testimony of witnesses or the production of books, 177
239239 papers and other documents and administer oaths to witnesses in any 178
240240 matter under investigation. The person to whom such subpoena is 179
241241 issued may, not later than fifteen days after service of such subpoena, or 180
242242 on or before the time specified in the subpoena for compliance if such 181
243243 time is less than fifteen days after service, serve upon the Correction 182
244244 Ombuds written objection to the subpoena and file such objection in the 183
245245 superior court for the judicial district of Hartford, which shall adjudicate 184
246246 such objection in accordance with the rules of the court. If any person to 185
247247 whom such subpoena is issued fails to so object or appear or, having 186
248248 appeared, refuses to give testimony or fails to produce the evidence 187
249249 required, the Correction Ombuds may apply to the superior court for 188
250250 the judicial district of Hartford, which shall have jurisdiction to order 189
251251 such person to appear and give testimony or to produce such evidence, 190
252252 as the case may be. 191
253253 (j) In the performance of the duties provided for in this section, the 192
254254 Correction Ombuds may communicate privately with any person in the 193
255255 custody of the commissioner. Such communications shall be 194
256256 confidential except as provided in subsections (e) and (f) of this section. 195
257257 (k) (1) The Correction Ombuds may hold informal hearings and may 196
258258 request that any person appear before the Correction Ombuds or at a 197
259259 hearing, and give testimony or produce documentary or other evidence 198
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266266 that the Correction Ombuds considers relevant to a matter under 199
267267 investigation. 200
268268 (2) The Correction Ombuds shall arrange an appearance of a person 201
269269 who is incarcerated in cooperation or an employee of the department 202
270270 with the department at a time and location that does not interfere with 203
271271 the operation of a correctional facility. 204
272272 (l) The Correction Ombuds shall make available to persons who are 205
273273 incarcerated confidential means by which to report concerns or 206
274274 otherwise submit complaints to the Correction Ombuds, which may 207
275275 include, but need not be limited to (1) electronic means or a locked box, 208
276276 accessible only by the Correction Ombuds and the employees of the 209
277277 Office of the Correction Ombuds, or (2) a hotline for persons who are 210
278278 incarcerated to communicate with said office. All measures shall be 211
279279 taken to ensure there is no risk or credible fear of retaliation against 212
280280 persons who are incarcerated for submitting complaints to the 213
281281 Correction Ombuds. Submission of complaints to the Correction 214
282282 Ombuds shall not be part of the department administrative grievance or 215
283283 appeal process, and the Correction Ombuds' decisions shall not 216
284284 constitute agency action. Nothing in this section shall be deemed to 217
285285 constitute part of the administrative exhaustion process. The Correction 218
286286 Ombuds shall not require persons who are incarcerated to file 219
287287 grievances or other inquiries as part of the department's system to be 220
288288 considered ripe for review by the Correction Ombuds. 221
289289 (m) The Office of Correction Ombuds is exempt from the provisions 222
290290 of sections 4-176e to 4-183, inclusive. 223
291291 [(i)] (n) In the performance of the responsibilities provided for in this 224
292292 section, the Correction Ombuds may communicate privately with any 225
293293 person in the custody of the commissioner. Such communications shall 226
294294 be confidential except as provided in subsections (e) and (f) of this 227
295295 section. 228
296296 [(j)] (o) The Correction Ombuds may apply for and accept grants, gifts 229
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303303 and bequests of funds from other states, federal and interstate agencies, 230
304304 for the purpose of carrying out the Correction Ombuds' responsibilities. 231
305305 There is established within the General Fund a Correction Ombuds 232
306306 account which shall be a separate, nonlapsing account. Any funds 233
307307 received under this subsection shall, upon deposit in the General Fund, 234
308308 be credited to said account and may be used by the Correction Ombuds 235
309309 in the performance of the Correction Ombuds' duties. 236
310310 [(k)] (p) The name, address and other personally identifiable 237
311311 information of a person who makes a complaint to the Correction 238
312312 Ombuds, information obtained or generated by the Office of the 239
313313 Correction Ombuds in the course of an investigation and all confidential 240
314314 records obtained by the Correction Ombuds or the office shall be 241
315315 confidential and shall not be subject to disclosure under the Freedom of 242
316316 Information Act, as defined in section 1-200, or otherwise except as 243
317317 provided in subsections (f) and (g) of this section. 244
318318 [(l)] (q) No state or municipal agency shall discharge, or in any 245
319319 manner discriminate or retaliate against, any employee who in good 246
320320 faith makes a complaint to the Correction Ombuds or cooperates with 247
321321 the Office of the Correction Ombuds in an investigation. 248
322322 [(m)] (r) Not later than December 1, 2023, and annually thereafter, the 249
323323 Correction Ombuds shall submit a report, in accordance with section 11-250
324324 4a, to the joint standing committee of the General Assembly having 251
325325 cognizance of matters relating to the Department of Correction 252
326326 regarding the conditions of confinement in the state's correctional 253
327327 facilities and halfway houses. Such report shall detail the Correction 254
328328 Ombuds' findings and recommendations. 255
329329 Sec. 3. (NEW) (Effective from passage) (a) For any agreement or 256
330330 arbitration award approved before, on or after the effective date of this 257
331331 section, in accordance with the provisions of sections 5-270 to 5-280, 258
332332 inclusive, of the general statutes, on matters appropriate to collective 259
333333 bargaining, as defined in said sections, where any provision in such 260
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340340 agreement or award pertaining to the disclosure of disciplinary matters 261
341341 or alleged misconduct by a Department of Correction employee would 262
342342 prevent the disclosure of documents required to be disclosed under the 263
343343 provisions of the Freedom of Information Act, as defined in section 1-264
344344 200 of the general statutes, the provisions of the Freedom of Information 265
345345 Act shall prevail. The provisions of this subsection shall not be 266
346346 construed to diminish a bargaining agent's access to information 267
347347 pursuant to state law. 268
348348 (b) No collective bargaining agreement or arbitration award entered 269
349349 into before, on or after the effective date of this section, by the state and 270
350350 any collective bargaining unit of the Department of Correction may 271
351351 prohibit the disclosure of any disciplinary action based on a violation of 272
352352 the administrative directives contained in the personnel file of an officer 273
353353 of said division. 274
354354 Sec. 4. Section 18-81nn of the general statutes is repealed and the 275
355355 following is substituted in lieu thereof (Effective October 1, 2025): 276
356356 (a) Any correction officer who witnesses another correction officer 277
357357 use what the witnessing correction officer objectively knows to be 278
358358 excessive or illegal use of force shall intervene and attempt to stop such 279
359359 other correction officer from using such force. Any correction officer 280
360360 who fails to intervene in such an incident [may] shall be prosecuted and 281
361361 punished in accordance with the provisions of section 53a-8 for the same 282
362362 acts as the correction officer who used unreasonable, excessive or illegal 283
363363 force. 284
364364 (b) Any correction officer who witnesses another correction officer 285
365365 use what the witnessing correction officer objectively knows to be 286
366366 unreasonable, excessive or illegal use of force or is otherwise aware of 287
367367 such use of force by another correction officer shall report, as soon as is 288
368368 practicable, such use of force to the [witnessing correction officer's 289
369369 immediate supervisor. Such supervisor] warden of the facility where 290
370370 such use of force occurred, who shall immediately report such use of 291
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377377 force to the [immediate supervisor of the correction officer who is 292
378378 reported to have used such force] state police. Any correction officer 293
379379 required to report such an incident who fails to do so may be prosecuted 294
380380 and punished in accordance with the provisions of sections 53a-165 to 295
381381 53a-167, inclusive. 296
382382 (c) The Department of Correction or any employee of the department 297
383383 shall not take any retaliatory personnel action or discriminate against a 298
384384 correction officer because such correction officer intervened in an 299
385385 incident pursuant to subsection (a) of this section or reported an incident 300
386386 pursuant to subsection (b) of this section. Such intervening or reporting 301
387387 correction officer shall be protected by the provisions of section 4-61dd. 302
388388 (d) If a correction officer is giving a formal statement about the use of 303
389389 force or if a correction officer is the subject of a disciplinary investigation 304
390390 in which a recording is being considered as part of a review of an 305
391391 incident, the officer shall (1) have the right to review such recording in 306
392392 the presence of the officer's attorney or labor representative, and (2) 307
393393 have the right to review recordings capturing the officer's image or voice 308
394394 during the incident. Not later than forty-eight hours following an 309
395395 officer's review of a recording under subdivision (1) of this subsection, 310
396396 or if the officer does not review the recording, not later than ninety-six 311
397397 hours following the recorded incident, whichever is earlier, such 312
398398 recording shall be disclosed, upon request, to the public, subject to the 313
399399 provisions of section 3 of this act. 314
400400 (e) Not later than January 1, 2026, the Commissioner of Correction 315
401401 shall develop a plan for the implementation of body-worn recording 316
402402 equipment in correctional facilities. Not later than February 1, 2026, the 317
403403 commissioner shall report such plan, in accordance with the provisions 318
404404 of section 11-4a, to the joint standing committees of the General 319
405405 Assembly having cognizance of matters relating to public safety, 320
406406 government oversight and the Department of Correction. Such plan 321
407407 shall include recommendations for any legislation necessary to 322
408408 implement such plan and the department's timeline for implementation 323
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415415 of such plan. 324
416416 (f) For purposes of this section, "use of force" means the use of 325
417417 physical force or deadly physical force, as defined in section 53a-3, by a 326
418418 correction officer to compel compliance by a person who is incarcerated. 327
419419 "Use of force" includes, but is not limited to, the use of restraints, 328
420420 chemical agents, canines, chokeholds or munitions or forceable 329
421421 extraction from a cell. 330
422422 Sec. 5. Subsection (f) of section 4-160 of the general statutes is repealed 331
423423 and the following is substituted in lieu thereof (Effective from passage): 332
424424 (f) (1) In any claim alleging malpractice against the state, a state 333
425425 hospital or against a physician, surgeon, dentist, podiatrist, chiropractor 334
426426 or other licensed health care provider employed by the state, the 335
427427 attorney or pro se party filing the claim may submit a certificate of good 336
428428 faith to the Office of the Claims Commissioner in accordance with 337
429429 section 52-190a. If such a certificate is submitted, permission to sue the 338
430430 state shall be deemed granted by the Claims Commissioner [(1)] (A) on 339
431431 June 28, 2021, if the certificate has been filed with the Claims 340
432432 Commissioner prior to June 28, 2021, or [(2)] (B) upon the filing of the 341
433433 certificate with the Office of the Claims Commissioner, if such certificate 342
434434 is filed on or after June 28, 2021. In lieu of filing a notice of claim 343
435435 pursuant to section 4-147, a claimant may commence a medical 344
436436 malpractice action against the state prior to the expiration of the 345
437437 limitation period set forth in section 4-148 and authorization for such 346
438438 action against the state shall be deemed granted. Any such action shall 347
439439 be limited to medical malpractice claims only and any such action shall 348
440440 be deemed a suit otherwise authorized by law in accordance with 349
441441 subsection (a) of section 4-142. The provisions of this subsection shall 350
442442 apply to any claim alleging malpractice against the state that was timely 351
443443 filed with the Claims Commissioner and remains pending with said 352
444444 commissioner, regardless of whether such claim was filed before, on or 353
445445 after October 1, 2019. 354
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452452 (2) In any claim involving a fatal injury suffered by a person while 355
453453 incarcerated or an injury that resulted in a person who is incarcerated 356
454454 suffering a permanent disability, the attorney or pro se party filing the 357
455455 claim may submit an affidavit signed by the Correction Ombuds 358
456456 attesting to the validity of a claim. Such affidavit shall be filed by the 359
457457 attorney and claimant or a pro se claimant, attesting to the following, in 360
458458 the following form: "The Office of the Correction Ombudsman has made 361
459459 a reasonable inquiry, as permitted by section 18-81qq of the general 362
460460 statutes, which has given rise to a good faith belief that grounds exist 363
461461 for a suit against the state. Such inquiry includes (provide a brief 364
462462 description of the inquiry made)." If such an affidavit is submitted, 365
463463 permission to sue the state shall be deemed granted by the Claims 366
464464 Commissioner. 367
465465 This act shall take effect as follows and shall amend the following
466466 sections:
467467
468468 Section 1 from passage 18-81jj(m)
469469 Sec. 2 from passage 18-81qq
470470 Sec. 3 from passage New section
471471 Sec. 4 October 1, 2025 18-81nn
472472 Sec. 5 from passage 4-160(f)
473473
474474 Statement of Purpose:
475475 To (1) lengthen the term of the Correction Ombuds, (2) modify the
476476 duties and powers of the Office of the Correction Ombuds, (3) amend
477477 the budget process for the Office of the Correction Ombuds, (4) modify
478478 provisions concerning use of force in correctional facilities, (5) require
479479 the development of a plan for use of body cameras by correctional
480480 officers, and (6) permit claimants to be granted permission to sue the
481481 state in the case of certain claims by persons who are incarcerated.
482482
483483 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
484484 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
485485 underlined.]
486486