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General Assembly Raised Bill No. 1541
January Session, 2025
LCO No. 6735
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE OFFICE OF THE CORRECTION
OMBUDS, USE OF FORCE AND BODY CAMERAS IN
CORRECTIONAL FACILITIES, CLAIMS AGAINST THE STATE BY
PERSONS WHO ARE INCARCERATED.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (m) of section 18-81jj of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(m) The person appointed as Correction Ombuds shall serve for an 4
initial term of [two] four years to run concurrent with the term of the 5
Governor and may serve until a successor is appointed and confirmed 6
in accordance with this section. Such person may be reappointed for 7
succeeding terms. 8
Sec. 2. Section 18-81qq of the general statutes is repealed and the 9
following is substituted in lieu thereof (Effective from passage): 10
(a) (1) There is, within the Office of Governmental Accountability 11
established under section 1-300, the Office of the Correction Ombuds for 12
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the provision of ombuds services. The Correction Ombuds appointed 13
pursuant to section 18-81jj, as amended by this act, shall be the head of 14
said office. 15
(2) For purposes of this section, "ombuds services" includes: 16
(A) Evaluating the delivery of services to persons who are 17
incarcerated [persons] by the Department of Correction; 18
(B) Reviewing periodically the nonemergency procedures 19
established by the department to carry out the provisions of title 18 and 20
evaluating whether such procedures conflict with the rights of 21
[incarcerated] persons who are incarcerated; 22
(C) Receiving communications, [from persons in the custody of the 23
Commissioner of Correction] including telephone calls and electronic 24
mail from persons who are incarcerated, who shall be permitted to make 25
such telephone or electronic mail communications free of charge, 26
regarding decisions, actions, omissions, policies, procedures, rules or 27
regulations of the department; 28
(D) Conducting announced or unannounced site visits of correctional 29
facilities administered by the department, without restrictions on such 30
visits, including during periods when a facility is locked down or 31
experiencing a facility-wide emergency, provided the department may 32
restrict access to a portion of a facility in an emergency situation for the 33
duration of the emergency. For the purpose of this subdivision, a 34
situation or event constituting an emergency shall be determined by the 35
commissioner or the commissioner's designee, to be a situation 36
constituting a significant risk to the safety or security of the facility, or 37
the health, safety or security of department staff or persons who are 38
incarcerated, or an event that significantly compromises the operations 39
of the facility; 40
(E) Reviewing the operation of correctional facilities and 41
nonemergency procedures employed at such facilities. Nonemergency 42
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procedures include, but are not limited to, the department's use of force 43
procedures; 44
(F) Recommending procedure and policy revisions to the 45
department; 46
(G) Taking all possible actions, including, but not limited to, 47
conducting programs of public education, undertaking legislative 48
advocacy and making proposals for systemic reform and formal legal 49
action in order to secure and ensure the rights of persons in the custody 50
of the commissioner. The Correction Ombuds shall exhaust all other 51
means to reach a resolution before initiating litigation; [and] 52
(H) Conducting surveys by sending or distributing during facility 53
visits, confidential written and electronic communications or 54
questionnaires to persons who are incarcerated or employees of the 55
Department of Correction concerning conditions of confinement, 56
working conditions or other subjects within the scope of the duties of 57
the Office of the Correction Ombuds, without prior approval of the 58
department. Such persons who are incarcerated or employees shall be 59
permitted to complete and return to said office such surveys either in 60
written format or electronically; and 61
[(H)] (I) Publishing on an Internet web site operated by the Office of 62
the Correction Ombuds a semiannual summary of all ombuds services 63
and activities during the six-month period before such publication. 64
(b) Notwithstanding any provision of the general statutes, the 65
Correction Ombuds shall act independently of any department in the 66
performance of the office's duties. 67
(c) The Correction Ombuds may, within available funds, appoint 68
such staff as may be deemed necessary. The duties of the staff may 69
include the duties and powers of the Correction Ombuds if performed 70
under the direction of the Correction Ombuds. 71
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[(d) The General Assembly shall annually appropriate such sums as 72
necessary for the payment of the salaries of the staff and for the payment 73
of office expenses and other actual expenses incurred by the Correction 74
Ombuds in the performance of the Correction Ombuds' duties. Any 75
legal or court fees obtained by the state in actions brought by the 76
Correction Ombuds shall be deposited in the General Fund.] 77
(d) (1) Notwithstanding any provision of the general statutes, the 78
appropriations recommended for the Office of the Correction Ombuds 79
shall be the estimates of the expenditure requirements transmitted to the 80
Secretary of the Office of Policy and Management by the Correction 81
Ombuds and the recommended adjustments and revisions of such 82
estimates shall be the recommended adjustments and revisions, if any, 83
transmitted by said Correction Ombuds to the director of Policy and 84
Management. 85
(2) Notwithstanding any provision of the general statutes, the 86
Governor shall not reduce allotment requisitions or allotments in force 87
concerning the Office of the Correction Ombuds. 88
(e) (1) The Correction Ombuds need not investigate a complaint, if 89
the Correction Ombuds determines such investigation is not warranted. 90
[(e)] (2) In the course of [investigations] an investigation, the 91
Correction Ombuds shall rely on a variety of sources to corroborate 92
matters raised by persons who are incarcerated [persons] or others. 93
Where such matters turn on validation of particular incidents, the 94
Correction Ombuds shall endeavor to rely on communications from 95
persons who are incarcerated [persons] who have reasonably pursued a 96
resolution of the complaint through any existing internal grievance 97
procedures of the Department of Correction. In all events, the 98
Correction Ombuds shall make good faith efforts to provide an 99
opportunity to the Commissioner of Correction to investigate and to 100
respond to such concerns prior to making such matters public. 101
(3) (A) At the conclusion of an investigation, the Correction Ombuds 102
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shall render a public decision on the merits of each complaint, except 103
that the documents supporting the decision are subject to relevant 104
confidentiality provisions. The Correction Ombuds shall communicate 105
the decision to the person making the complaint and to the department. 106
The Correction Ombuds shall include in any decision (i) findings of any 107
department administrative directive, state or constitutional right that 108
has been violated by the department or an employee of the department; 109
and (ii) recommendations and reasoning if, in the Correction Ombuds' 110
opinion, the department or any employee should (I) further consider the 111
matter investigated; (II) modify or cancel an action of the department or 112
employee; (III) alter a rule, practice or ruling; (IV) explain in detail the 113
action in question; or (V) rectify an omission of the department or 114
employee. 115
(B) Prior to issuing a decision pursuant to subparagraph (A) of this 116
subdivision that expressly, or by implication, criticizes the department 117
or an employee of the department, the Correction Ombuds shall consult 118
with the department or employee, as applicable. 119
(4) At the Correction Ombuds' request, the department shall, within 120
the time specified by the Correction Ombuds, inform the Correction 121
Ombuds of any action taken on recommendations contained in a 122
decision pursuant to subdivision (3) of this subsection or any reason for 123
not complying with any such recommendation. The Correction Ombuds 124
shall notify the incarcerated person whose complaint resulted in a 125
decision containing such recommendation, of any action taken by the 126
department in response to such recommendation, unless such action is 127
confidential. 128
(f) (1) All oral and written communications, including, but not limited 129
to, in response to any survey, and records relating to such 130
communications between a person in the custody of the Commissioner 131
of Correction, or an employee of the Department of Correction, and the 132
Correction Ombuds or a member of the Office of the Correction 133
Ombuds staff, including, but not limited to, the identity of a 134
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complainant, the details of the communications and the Correction 135
Ombuds' findings shall be confidential and shall not be disclosed 136
without the consent of such person, except that the Correction Ombuds 137
may disclose without the consent of such person general findings or 138
policy recommendations based on such communications, provided no 139
individually identifiable information is disclosed. The Correction 140
Ombuds shall disclose sufficient information to the Commissioner of 141
Correction or the commissioner's designee as is necessary to respond to 142
the Correction Ombuds' inquiries or to carry out recommendations, but 143
such information may not be further disclosed outside of the 144
Department of Correction. 145
(2) Mail received by the Office of Correction Ombuds shall be 146
privileged communication, and any and all processing controls, 147
allowances for limited free postage and advances of funds to persons 148
who are incarcerated for postage shall apply to such privileged 149
communications sent to said office. For the purposes of this section, 150
identical or blank surveys and questionnaires received by said office 151
shall not be privileged communication. 152
(g) Notwithstanding the provisions of subsection (f) of this section, 153
whenever in the course of carrying out the Correction Ombuds' duties, 154
the Correction Ombuds or a member of the Office of the Correction 155
Ombuds staff becomes aware of the commission or planned commission 156
of a criminal act or threat that the Correction Ombuds reasonably 157
believes is likely to result in death or substantial bodily harm, the 158
Correction Ombuds shall notify the Commissioner of Correction or an 159
administrator of any correctional facility housing the perpetrator or 160
potential perpetrator of such act or threat and the nature and target of 161
the act or threat. 162
(h) Notwithstanding any provision of the general statutes concerning 163
the confidentiality of records and information, the Correction Ombuds 164
shall have access to, including the right to inspect and copy, any records 165
necessary to carry out the responsibilities of the Correction Ombuds, as 166
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provided in this section. The provisions of this subsection shall not be 167
construed to compel access to any record protected by the attorney-168
client privilege or attorney-work product doctrine or any record related 169
to a pending internal investigation, external criminal investigation or 170
emergency procedures. For purposes of this subsection, "emergency 171
procedures" are procedures the Department of Correction uses to 172
manage control of tools, keys and armories and concerning department 173
emergency plans, emergency response units, facility security levels and 174
standards and radio communications. 175
(i) The Correction Ombuds may issue subpoenas to compel the 176
attendance and testimony of witnesses or the production of books, 177
papers and other documents and administer oaths to witnesses in any 178
matter under investigation. The person to whom such subpoena is 179
issued may, not later than fifteen days after service of such subpoena, or 180
on or before the time specified in the subpoena for compliance if such 181
time is less than fifteen days after service, serve upon the Correction 182
Ombuds written objection to the subpoena and file such objection in the 183
superior court for the judicial district of Hartford, which shall adjudicate 184
such objection in accordance with the rules of the court. If any person to 185
whom such subpoena is issued fails to so object or appear or, having 186
appeared, refuses to give testimony or fails to produce the evidence 187
required, the Correction Ombuds may apply to the superior court for 188
the judicial district of Hartford, which shall have jurisdiction to order 189
such person to appear and give testimony or to produce such evidence, 190
as the case may be. 191
(j) In the performance of the duties provided for in this section, the 192
Correction Ombuds may communicate privately with any person in the 193
custody of the commissioner. Such communications shall be 194
confidential except as provided in subsections (e) and (f) of this section. 195
(k) (1) The Correction Ombuds may hold informal hearings and may 196
request that any person appear before the Correction Ombuds or at a 197
hearing, and give testimony or produce documentary or other evidence 198
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that the Correction Ombuds considers relevant to a matter under 199
investigation. 200
(2) The Correction Ombuds shall arrange an appearance of a person 201
who is incarcerated in cooperation or an employee of the department 202
with the department at a time and location that does not interfere with 203
the operation of a correctional facility. 204
(l) The Correction Ombuds shall make available to persons who are 205
incarcerated confidential means by which to report concerns or 206
otherwise submit complaints to the Correction Ombuds, which may 207
include, but need not be limited to (1) electronic means or a locked box, 208
accessible only by the Correction Ombuds and the employees of the 209
Office of the Correction Ombuds, or (2) a hotline for persons who are 210
incarcerated to communicate with said office. All measures shall be 211
taken to ensure there is no risk or credible fear of retaliation against 212
persons who are incarcerated for submitting complaints to the 213
Correction Ombuds. Submission of complaints to the Correction 214
Ombuds shall not be part of the department administrative grievance or 215
appeal process, and the Correction Ombuds' decisions shall not 216
constitute agency action. Nothing in this section shall be deemed to 217
constitute part of the administrative exhaustion process. The Correction 218
Ombuds shall not require persons who are incarcerated to file 219
grievances or other inquiries as part of the department's system to be 220
considered ripe for review by the Correction Ombuds. 221
(m) The Office of Correction Ombuds is exempt from the provisions 222
of sections 4-176e to 4-183, inclusive. 223
[(i)] (n) In the performance of the responsibilities provided for in this 224
section, the Correction Ombuds may communicate privately with any 225
person in the custody of the commissioner. Such communications shall 226
be confidential except as provided in subsections (e) and (f) of this 227
section. 228
[(j)] (o) The Correction Ombuds may apply for and accept grants, gifts 229
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and bequests of funds from other states, federal and interstate agencies, 230
for the purpose of carrying out the Correction Ombuds' responsibilities. 231
There is established within the General Fund a Correction Ombuds 232
account which shall be a separate, nonlapsing account. Any funds 233
received under this subsection shall, upon deposit in the General Fund, 234
be credited to said account and may be used by the Correction Ombuds 235
in the performance of the Correction Ombuds' duties. 236
[(k)] (p) The name, address and other personally identifiable 237
information of a person who makes a complaint to the Correction 238
Ombuds, information obtained or generated by the Office of the 239
Correction Ombuds in the course of an investigation and all confidential 240
records obtained by the Correction Ombuds or the office shall be 241
confidential and shall not be subject to disclosure under the Freedom of 242
Information Act, as defined in section 1-200, or otherwise except as 243
provided in subsections (f) and (g) of this section. 244
[(l)] (q) No state or municipal agency shall discharge, or in any 245
manner discriminate or retaliate against, any employee who in good 246
faith makes a complaint to the Correction Ombuds or cooperates with 247
the Office of the Correction Ombuds in an investigation. 248
[(m)] (r) Not later than December 1, 2023, and annually thereafter, the 249
Correction Ombuds shall submit a report, in accordance with section 11-250
4a, to the joint standing committee of the General Assembly having 251
cognizance of matters relating to the Department of Correction 252
regarding the conditions of confinement in the state's correctional 253
facilities and halfway houses. Such report shall detail the Correction 254
Ombuds' findings and recommendations. 255
Sec. 3. (NEW) (Effective from passage) (a) For any agreement or 256
arbitration award approved before, on or after the effective date of this 257
section, in accordance with the provisions of sections 5-270 to 5-280, 258
inclusive, of the general statutes, on matters appropriate to collective 259
bargaining, as defined in said sections, where any provision in such 260
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agreement or award pertaining to the disclosure of disciplinary matters 261
or alleged misconduct by a Department of Correction employee would 262
prevent the disclosure of documents required to be disclosed under the 263
provisions of the Freedom of Information Act, as defined in section 1-264
200 of the general statutes, the provisions of the Freedom of Information 265
Act shall prevail. The provisions of this subsection shall not be 266
construed to diminish a bargaining agent's access to information 267
pursuant to state law. 268
(b) No collective bargaining agreement or arbitration award entered 269
into before, on or after the effective date of this section, by the state and 270
any collective bargaining unit of the Department of Correction may 271
prohibit the disclosure of any disciplinary action based on a violation of 272
the administrative directives contained in the personnel file of an officer 273
of said division. 274
Sec. 4. Section 18-81nn of the general statutes is repealed and the 275
following is substituted in lieu thereof (Effective October 1, 2025): 276
(a) Any correction officer who witnesses another correction officer 277
use what the witnessing correction officer objectively knows to be 278
excessive or illegal use of force shall intervene and attempt to stop such 279
other correction officer from using such force. Any correction officer 280
who fails to intervene in such an incident [may] shall be prosecuted and 281
punished in accordance with the provisions of section 53a-8 for the same 282
acts as the correction officer who used unreasonable, excessive or illegal 283
force. 284
(b) Any correction officer who witnesses another correction officer 285
use what the witnessing correction officer objectively knows to be 286
unreasonable, excessive or illegal use of force or is otherwise aware of 287
such use of force by another correction officer shall report, as soon as is 288
practicable, such use of force to the [witnessing correction officer's 289
immediate supervisor. Such supervisor] warden of the facility where 290
such use of force occurred, who shall immediately report such use of 291
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force to the [immediate supervisor of the correction officer who is 292
reported to have used such force] state police. Any correction officer 293
required to report such an incident who fails to do so may be prosecuted 294
and punished in accordance with the provisions of sections 53a-165 to 295
53a-167, inclusive. 296
(c) The Department of Correction or any employee of the department 297
shall not take any retaliatory personnel action or discriminate against a 298
correction officer because such correction officer intervened in an 299
incident pursuant to subsection (a) of this section or reported an incident 300
pursuant to subsection (b) of this section. Such intervening or reporting 301
correction officer shall be protected by the provisions of section 4-61dd. 302
(d) If a correction officer is giving a formal statement about the use of 303
force or if a correction officer is the subject of a disciplinary investigation 304
in which a recording is being considered as part of a review of an 305
incident, the officer shall (1) have the right to review such recording in 306
the presence of the officer's attorney or labor representative, and (2) 307
have the right to review recordings capturing the officer's image or voice 308
during the incident. Not later than forty-eight hours following an 309
officer's review of a recording under subdivision (1) of this subsection, 310
or if the officer does not review the recording, not later than ninety-six 311
hours following the recorded incident, whichever is earlier, such 312
recording shall be disclosed, upon request, to the public, subject to the 313
provisions of section 3 of this act. 314
(e) Not later than January 1, 2026, the Commissioner of Correction 315
shall develop a plan for the implementation of body-worn recording 316
equipment in correctional facilities. Not later than February 1, 2026, the 317
commissioner shall report such plan, in accordance with the provisions 318
of section 11-4a, to the joint standing committees of the General 319
Assembly having cognizance of matters relating to public safety, 320
government oversight and the Department of Correction. Such plan 321
shall include recommendations for any legislation necessary to 322
implement such plan and the department's timeline for implementation 323
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of such plan. 324
(f) For purposes of this section, "use of force" means the use of 325
physical force or deadly physical force, as defined in section 53a-3, by a 326
correction officer to compel compliance by a person who is incarcerated. 327
"Use of force" includes, but is not limited to, the use of restraints, 328
chemical agents, canines, chokeholds or munitions or forceable 329
extraction from a cell. 330
Sec. 5. Subsection (f) of section 4-160 of the general statutes is repealed 331
and the following is substituted in lieu thereof (Effective from passage): 332
(f) (1) In any claim alleging malpractice against the state, a state 333
hospital or against a physician, surgeon, dentist, podiatrist, chiropractor 334
or other licensed health care provider employed by the state, the 335
attorney or pro se party filing the claim may submit a certificate of good 336
faith to the Office of the Claims Commissioner in accordance with 337
section 52-190a. If such a certificate is submitted, permission to sue the 338
state shall be deemed granted by the Claims Commissioner [(1)] (A) on 339
June 28, 2021, if the certificate has been filed with the Claims 340
Commissioner prior to June 28, 2021, or [(2)] (B) upon the filing of the 341
certificate with the Office of the Claims Commissioner, if such certificate 342
is filed on or after June 28, 2021. In lieu of filing a notice of claim 343
pursuant to section 4-147, a claimant may commence a medical 344
malpractice action against the state prior to the expiration of the 345
limitation period set forth in section 4-148 and authorization for such 346
action against the state shall be deemed granted. Any such action shall 347
be limited to medical malpractice claims only and any such action shall 348
be deemed a suit otherwise authorized by law in accordance with 349
subsection (a) of section 4-142. The provisions of this subsection shall 350
apply to any claim alleging malpractice against the state that was timely 351
filed with the Claims Commissioner and remains pending with said 352
commissioner, regardless of whether such claim was filed before, on or 353
after October 1, 2019. 354
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(2) In any claim involving a fatal injury suffered by a person while 355
incarcerated or an injury that resulted in a person who is incarcerated 356
suffering a permanent disability, the attorney or pro se party filing the 357
claim may submit an affidavit signed by the Correction Ombuds 358
attesting to the validity of a claim. Such affidavit shall be filed by the 359
attorney and claimant or a pro se claimant, attesting to the following, in 360
the following form: "The Office of the Correction Ombudsman has made 361
a reasonable inquiry, as permitted by section 18-81qq of the general 362
statutes, which has given rise to a good faith belief that grounds exist 363
for a suit against the state. Such inquiry includes (provide a brief 364
description of the inquiry made)." If such an affidavit is submitted, 365
permission to sue the state shall be deemed granted by the Claims 366
Commissioner. 367
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 18-81jj(m)
Sec. 2 from passage 18-81qq
Sec. 3 from passage New section
Sec. 4 October 1, 2025 18-81nn
Sec. 5 from passage 4-160(f)
Statement of Purpose:
To (1) lengthen the term of the Correction Ombuds, (2) modify the
duties and powers of the Office of the Correction Ombuds, (3) amend
the budget process for the Office of the Correction Ombuds, (4) modify
provisions concerning use of force in correctional facilities, (5) require
the development of a plan for use of body cameras by correctional
officers, and (6) permit claimants to be granted permission to sue the
state in the case of certain claims by persons who are incarcerated.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]