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3 | 3 | | LCO No. 6728 1 of 16 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 1543 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 6728 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on JUDICIARY |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (JUD) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING THE DEPARTMENT OF CORRECTION. |
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20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 21 | | Assembly convened: |
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22 | 22 | | |
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23 | 23 | | Section 1. Section 18-81pp of the general statutes is repealed and the 1 |
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24 | 24 | | following is substituted in lieu thereof (Effective from passage): 2 |
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25 | 25 | | (a) As used in this section: 3 |
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26 | 26 | | (1) "Advanced practice registered nurse" means an advanced practice 4 |
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27 | 27 | | registered nurse licensed under chapter 373; 5 |
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28 | 28 | | (2) "Alcohol and drug counselor" means an alcohol and drug 6 |
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29 | 29 | | counselor licensed or certified under chapter 376b; 7 |
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30 | 30 | | (3) "Commissioner" means the Commissioner of Correction; 8 |
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31 | 31 | | (4) "Correctional institution" means a prison or jail under the 9 |
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32 | 32 | | jurisdiction of the commissioner; 10 |
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33 | 33 | | (5) "Dental professional" means a (A) dentist, (B) dental hygienist 11 |
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34 | 34 | | licensed under chapter 379a, or (C) dental assistant, as defined in section 12 |
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35 | 35 | | 20-112a; 13 |
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36 | 36 | | Raised Bill No. 1543 |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | LCO No. 6728 2 of 16 |
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41 | 41 | | |
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42 | 42 | | (6) "Dentist" means a dentist licensed under chapter 379; 14 |
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43 | 43 | | (7) "Department" means the Department of Correction; 15 |
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44 | 44 | | (8) "Discharge planner" means a (A) registered nurse licensed under 16 |
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45 | 45 | | chapter 378, (B) practical nurse licensed under chapter 378, (C) clinical 17 |
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46 | 46 | | social worker or master social worker licensed under chapter 383b, or 18 |
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47 | 47 | | (D) professional counselor licensed under chapter 383c; 19 |
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48 | 48 | | (9) "HIV test" means a test to determine human immunodeficiency 20 |
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49 | 49 | | virus infection or antibodies to human immunodeficiency virus; 21 |
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50 | 50 | | [(10) "Inmate" means a person in the custody of the commissioner and 22 |
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51 | 51 | | confined in a correctional institution;] 23 |
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52 | 52 | | [(11)] (10) "Medical professional" means (A) a physician, (B) an 24 |
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53 | 53 | | advanced practice registered nurse, (C) a physician assistant, (D) a 25 |
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54 | 54 | | registered nurse licensed under chapter 378, or (E) a practical nurse 26 |
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55 | 55 | | licensed under chapter 378; 27 |
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56 | 56 | | [(12)] (11) "Mental health care provider" means (A) a physician who 28 |
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57 | 57 | | specializes in psychiatry, or (B) an advanced practice registered nurse 29 |
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58 | 58 | | who specializes in mental health; 30 |
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59 | 59 | | [(13)] (12) "Mental health therapist" means (A) a physician who 31 |
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60 | 60 | | specializes in psychiatry, (B) a psychologist licensed under chapter 383, 32 |
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61 | 61 | | (C) an advanced practice registered nurse who specializes in mental 33 |
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62 | 62 | | health, (D) a clinical social worker or master social worker licensed 34 |
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63 | 63 | | under chapter 383b, or (E) a professional counselor licensed under 35 |
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64 | 64 | | chapter 383c; 36 |
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65 | 65 | | [(14)] (13) "Physician" means a physician licensed under chapter 370; 37 |
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66 | 66 | | [(15)] (14) "Physician assistant" means a physician assistant licensed 38 |
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67 | 67 | | under chapter 370; and 39 |
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68 | 68 | | [(16)] (15) "Psychotropic medication" means a medication that is used 40 |
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69 | 69 | | Raised Bill No. 1543 |
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70 | 70 | | |
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71 | 71 | | |
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72 | 72 | | |
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73 | 73 | | LCO No. 6728 3 of 16 |
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74 | 74 | | |
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75 | 75 | | to treat a mental health disorder that affects behavior, mood, thoughts 41 |
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76 | 76 | | or perception. 42 |
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77 | 77 | | (b) Not later than [January 1, 2023] October 1, 2025, the commissioner 43 |
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78 | 78 | | shall develop a plan for the provision of health care services, including, 44 |
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79 | 79 | | but not limited to, mental health care, substance use disorder and dental 45 |
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80 | 80 | | care services, to [inmates of correctional facilities] persons who are 46 |
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81 | 81 | | incarcerated under the jurisdiction of the department. Such plan shall 47 |
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82 | 82 | | [include, but not be limited to, guidelines for implementation of the 48 |
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83 | 83 | | following requirements] ensure, at a minimum, that: 49 |
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84 | 84 | | (1) (A) [A] There is a sufficient number of mental health therapists, as 50 |
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85 | 85 | | determined by the commissioner, [shall be placed] at each correctional 51 |
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86 | 86 | | institution to provide mental health care services to [inmates] persons 52 |
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87 | 87 | | who are incarcerated; 53 |
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88 | 88 | | (B) [A] There is a mental health therapist placed at a correctional 54 |
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89 | 89 | | institution [shall] to provide mental health care services to any [inmate] 55 |
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90 | 90 | | person who is incarcerated who requests such services or has been 56 |
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91 | 91 | | referred for such services by correctional staff only after the therapist 57 |
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92 | 92 | | makes an assessment of the [inmate's] person's need for such services 58 |
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93 | 93 | | and determines that the [inmate] person requires such services; 59 |
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94 | 94 | | (C) Each mental health therapist shall deliver such services in concert 60 |
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95 | 95 | | with the security needs of all [inmates] persons who are incarcerated 61 |
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96 | 96 | | and correctional staff and the overall operation of the correctional 62 |
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97 | 97 | | institution, as determined by the warden of the correctional institution; 63 |
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98 | 98 | | and 64 |
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99 | 99 | | (D) No mental health therapist who is providing mental health care 65 |
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100 | 100 | | services pursuant to this subdivision and licensed to prescribe 66 |
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101 | 101 | | medication shall prescribe a psychotropic medication to [an inmate] a 67 |
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102 | 102 | | person who is incarcerated unless (i) the mental health therapist has 68 |
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103 | 103 | | reviewed the mental health history and medical history of the [inmate] 69 |
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104 | 104 | | person, including, but not limited to, the list of all medications the 70 |
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105 | 105 | | [inmate] person is taking, (ii) the mental health therapist determines, 71 |
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106 | 106 | | Raised Bill No. 1543 |
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107 | 107 | | |
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108 | 108 | | |
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109 | 109 | | |
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110 | 110 | | LCO No. 6728 4 of 16 |
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111 | 111 | | |
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112 | 112 | | based on a review of such history, that the benefits of prescribing such 72 |
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113 | 113 | | medication outweigh the risk of prescribing such medication, (iii) the 73 |
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114 | 114 | | mental health therapist diagnoses the [inmate] person with a mental 74 |
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115 | 115 | | health disorder, the [inmate] person has received a previous diagnosis 75 |
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116 | 116 | | of a mental health disorder by a licensed mental health care provider 76 |
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117 | 117 | | and such medication is used to treat such mental health disorder, or, in 77 |
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118 | 118 | | an emergency situation, the mental health therapist makes an 78 |
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119 | 119 | | assessment that the inmate's mental health is substantially impaired and 79 |
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120 | 120 | | requires psychotropic medication to treat, (iv) the mental health 80 |
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121 | 121 | | therapist approves the use of such medication by the [inmate] person as 81 |
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122 | 122 | | part of the [inmate's] person's mental health treatment plan, and (v) the 82 |
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123 | 123 | | mental health therapist keeps a record of each psychotropic medication 83 |
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124 | 124 | | such provider prescribes to the [inmate] person and all other 84 |
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125 | 125 | | medications the [inmate] person is taking. 85 |
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126 | 126 | | (2) Each [inmate] person who is incarcerated shall receive an annual 86 |
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127 | 127 | | physical examination by a physician, physician assistant or advanced 87 |
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128 | 128 | | practice registered nurse when such examination is clinically indicated. 88 |
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129 | 129 | | Such examination may include, but not be limited to, a breast and 89 |
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130 | 130 | | gynecological examination or prostate examination, where appropriate, 90 |
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131 | 131 | | and the administration of any test the physician, physician assistant or 91 |
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132 | 132 | | advanced practice registered nurse deems appropriate. 92 |
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133 | 133 | | (3) Each [inmate] person who is incarcerated shall receive an initial 93 |
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134 | 134 | | health assessment from a medical professional not later than fourteen 94 |
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135 | 135 | | days after the [inmate's] person's initial intake into a correctional 95 |
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136 | 136 | | institution. 96 |
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137 | 137 | | (4) If a physician, physician assistant or advanced practice registered 97 |
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138 | 138 | | nurse recommends, based on the initial health assessment of [an inmate 98 |
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139 | 139 | | or] a person who is incarcerated or other person, that such [inmate or] 99 |
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140 | 140 | | person who is incarcerated or other person be placed in a medical or 100 |
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141 | 141 | | mental health housing unit, the department shall ensure that such 101 |
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142 | 142 | | [inmate or] person who is incarcerated or other person is placed in an 102 |
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143 | 143 | | appropriate medical or mental health housing unit unless there are 103 |
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144 | 144 | | Raised Bill No. 1543 |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | |
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148 | 148 | | LCO No. 6728 5 of 16 |
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149 | 149 | | |
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150 | 150 | | significant safety or security reasons for not making such placement. 104 |
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151 | 151 | | (5) A medical professional shall perform health assessments of 105 |
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152 | 152 | | [inmates] persons who are incarcerated in a location at the correctional 106 |
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153 | 153 | | institution that the warden of the correctional institution designates as 107 |
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154 | 154 | | appropriate for performing such an examination, provided the analysis 108 |
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155 | 155 | | of any sample collected from the [inmate] person who is incarcerated 109 |
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156 | 156 | | during a health assessment may be performed at a laboratory that is 110 |
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157 | 157 | | located outside of the correctional institution. 111 |
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158 | 158 | | (6) A discharge planner shall conduct an exit interview of each 112 |
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159 | 159 | | [inmate] person who is incarcerated who is being scheduled for 113 |
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160 | 160 | | discharge from a correctional institution prior to the date of discharge if 114 |
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161 | 161 | | such exit interview is clinically indicated, provided the lack of such exit 115 |
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162 | 162 | | interview shall not delay the scheduled discharge of [an inmate] a 116 |
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163 | 163 | | person who is incarcerated. Such exit interview shall include a 117 |
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164 | 164 | | discussion with the [inmate] person regarding a medical discharge plan 118 |
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165 | 165 | | for any continued medical care or treatment that is recommended by the 119 |
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166 | 166 | | physician, physician assistant or advanced practice registered nurse for 120 |
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167 | 167 | | the [inmate] person when the [inmate] person reenters the community. 121 |
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168 | 168 | | (7) A physician shall be on call on weekends, holidays and outside 122 |
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169 | 169 | | regular work hours to provide medical care to [inmates] persons who 123 |
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170 | 170 | | are incarcerated as necessary. 124 |
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171 | 171 | | (8) The commissioner shall ensure that each [inmate] person who is 125 |
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172 | 172 | | incarcerated has access to all vaccines licensed or authorized under an 126 |
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173 | 173 | | emergency use authorization by the federal Food and Drug 127 |
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174 | 174 | | Administration that are recommended by the National Centers for 128 |
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175 | 175 | | Disease Control and Prevention Advisory Committee on Immunization 129 |
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176 | 176 | | Practices, subject to availability of such vaccines, unless there are 130 |
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177 | 177 | | substantial security concerns with providing access to such vaccines. 131 |
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178 | 178 | | Subject to availability, a physician, physician assistant or advanced 132 |
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179 | 179 | | practice registered nurse shall prescribe to [an inmate] a person who is 133 |
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180 | 180 | | incarcerated any such vaccine that (A) the [inmate] person requests, and 134 |
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181 | 181 | | Raised Bill No. 1543 |
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182 | 182 | | |
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183 | 183 | | |
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184 | 184 | | |
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185 | 185 | | LCO No. 6728 6 of 16 |
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186 | 186 | | |
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187 | 187 | | (B) is recommended for such [inmate] person by said committee, as 135 |
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188 | 188 | | determined by the physician, physician assistant or advanced practice 136 |
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189 | 189 | | registered nurse, provided the prescribing of such vaccine does not 137 |
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190 | 190 | | impose significant safety concerns. 138 |
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191 | 191 | | (9) Except in exigent circumstances, a dental professional shall 139 |
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192 | 192 | | perform a dental screening of each [inmate] person who is incarcerated 140 |
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193 | 193 | | not later than one year after the [inmate] person initially enters a 141 |
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194 | 194 | | correctional institution and at least once annually thereafter. At the time 142 |
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195 | 195 | | the dental professional performs the dental screening of [an inmate] a 143 |
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196 | 196 | | person who is incarcerated, the dental professional shall develop a 144 |
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197 | 197 | | dental care plan for the [inmate] person. A dental professional shall 145 |
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198 | 198 | | provide dental care in accordance with the [inmate's] person's dental 146 |
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199 | 199 | | care plan throughout the [inmate's] person's time at the correctional 147 |
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200 | 200 | | institution. The commissioner shall ensure, in consultation with a 148 |
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201 | 201 | | dentist, that each correctional institution has a dental examination room 149 |
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202 | 202 | | that is fully equipped with all of the dental equipment necessary to 150 |
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203 | 203 | | perform a dental examination. 151 |
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204 | 204 | | (10) A medical professional shall administer an HIV test to each 152 |
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205 | 205 | | [inmate] person who is incarcerated who requests an HIV test, subject 153 |
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206 | 206 | | to the availability of such test. Except in exigent circumstances and 154 |
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207 | 207 | | subject to availability, a medical professional shall offer an HIV test to 155 |
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208 | 208 | | each [inmate] person who is incarcerated where it is clinically indicated 156 |
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209 | 209 | | (A) at the time such [inmate] person enters a correctional institution, or 157 |
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210 | 210 | | (B) during an annual physical assessment. 158 |
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211 | 211 | | (11) A medical professional shall interview each [inmate] person who 159 |
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212 | 212 | | is incarcerated regarding [the inmate's] such person's drug and alcohol 160 |
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213 | 213 | | use and mental health history at the time the [inmate] person initially 161 |
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214 | 214 | | enters a correctional institution. If [an inmate] the person is exhibiting 162 |
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215 | 215 | | symptoms of withdrawal from a drug or alcohol or mental distress at 163 |
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216 | 216 | | such time, a medical professional shall perform a physical and mental 164 |
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217 | 217 | | health assessment of the [inmate] person and communicate the results 165 |
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218 | 218 | | of such assessment to a physician, physician assistant or advanced 166 |
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219 | 219 | | Raised Bill No. 1543 |
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220 | 220 | | |
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221 | 221 | | |
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222 | 222 | | |
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223 | 223 | | LCO No. 6728 7 of 16 |
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224 | 224 | | |
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225 | 225 | | practice registered nurse, and a mental health care provider or mental 167 |
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226 | 226 | | health therapist, if applicable. Except in exigent circumstances, a drug 168 |
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227 | 227 | | and alcohol counselor shall perform an evaluation of the [inmate] 169 |
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228 | 228 | | person not later than five days after the [inmate] the person initially 170 |
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229 | 229 | | enters the correctional institution. (A) The correctional institution shall 171 |
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230 | 230 | | immediately transfer each [inmate] such person who is determined by a 172 |
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231 | 231 | | physician, physician assistant or advanced practice registered nurse to 173 |
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232 | 232 | | be experiencing withdrawal from a drug or alcohol to an appropriate 174 |
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233 | 233 | | area at such correctional institution for medical treatment of such 175 |
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234 | 234 | | withdrawal. A physician, a physician assistant or an advanced practice 176 |
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235 | 235 | | registered nurse shall periodically evaluate each [inmate who] person 177 |
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236 | 236 | | who is incarcerated and exhibits signs of or discloses an addiction to a 178 |
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237 | 237 | | drug or alcohol or who experiences withdrawal from a drug or alcohol, 179 |
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238 | 238 | | at a frequency deemed appropriate by the physician, physician assistant 180 |
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239 | 239 | | or advanced practice registered nurse. (B) In the case of a person who is 181 |
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240 | 240 | | determined at the time of such person's intake into a correctional 182 |
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241 | 241 | | institution to be in need of mental health services, such person shall be 183 |
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242 | 242 | | immediately provided evidence-based mental health interventions 184 |
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243 | 243 | | delivered by an interdisciplinary team of mental health care providers 185 |
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244 | 244 | | and mental health therapists. Such person shall be periodically 186 |
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245 | 245 | | evaluated by a mental health care provider or mental health therapist 187 |
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246 | 246 | | and provided such services, as needed. 188 |
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247 | 247 | | (12) A physician, a physician assistant or an advanced practice 189 |
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248 | 248 | | registered nurse with experience in substance use disorder diagnosis 190 |
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249 | 249 | | and treatment shall oversee the medical treatment of [an inmate] a 191 |
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250 | 250 | | person who is incarcerated experiencing withdrawal from a drug or 192 |
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251 | 251 | | alcohol at each correctional institution. A medical professional shall be 193 |
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252 | 252 | | present in the medical unit at each correctional facility at all times 194 |
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253 | 253 | | during the provision of medical treatment to such [inmate] person. 195 |
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254 | 254 | | (13) A drug and alcohol counselor shall offer appropriate substance 196 |
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255 | 255 | | use disorder counseling services, including, but not limited to, 197 |
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256 | 256 | | individual counseling sessions and group counseling sessions, to [an 198 |
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257 | 257 | | inmate who] a person who is incarcerated and exhibits signs of or 199 |
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258 | 258 | | Raised Bill No. 1543 |
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259 | 259 | | |
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260 | 260 | | |
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261 | 261 | | |
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262 | 262 | | LCO No. 6728 8 of 16 |
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263 | 263 | | |
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264 | 264 | | discloses an addiction to a drug or alcohol and encourage such [inmate] 200 |
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265 | 265 | | person to participate in at least one counselling session. At the time of 201 |
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266 | 266 | | [an inmate's] discharge of a person who is incarcerated from the 202 |
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267 | 267 | | correctional institution, a discharge planner may refer [an inmate] any 203 |
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268 | 268 | | such person who has exhibited signs of or disclosed an addiction to a 204 |
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269 | 269 | | drug or alcohol while [an inmate] incarcerated at such correctional 205 |
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270 | 270 | | institution to a substance use disorder treatment program in the 206 |
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271 | 271 | | community that is deemed appropriate for the [inmate] person by such 207 |
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272 | 272 | | discharge planner. 208 |
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273 | 273 | | (14) The York Correctional Institution shall provide each [inmate who 209 |
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274 | 274 | | is] pregnant woman who is incarcerated and drug or alcohol-210 |
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275 | 275 | | dependent, with information regarding the dangers of undergoing 211 |
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276 | 276 | | withdrawal from the drug or alcohol without medical treatment, the 212 |
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277 | 277 | | importance of receiving medical treatment during the second trimester 213 |
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278 | 278 | | of pregnancy for withdrawal from the drug or alcohol and the effects of 214 |
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279 | 279 | | neonatal abstinence syndrome on a newborn. 215 |
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280 | 280 | | (15) The York Correctional Institution shall provide each [inmate who 216 |
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281 | 281 | | is] pregnant woman who is incarcerated prenatal visits at a frequency 217 |
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282 | 282 | | determined by an obstetrician to be consistent with community 218 |
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283 | 283 | | standards for prenatal visits. 219 |
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284 | 284 | | (16) The department shall issue a request for information to which a 220 |
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285 | 285 | | school of medicine may apply for purposes of providing practical 221 |
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286 | 286 | | training at correctional institutions as part of a medical residency 222 |
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287 | 287 | | program, through which residents participating in such program may 223 |
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288 | 288 | | provide health care services to [inmates] persons who are incarcerated. 224 |
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289 | 289 | | (c) Not later than [February 1, 2023] October 1, 2025, the 225 |
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290 | 290 | | commissioner shall report, in accordance with the provisions of section 226 |
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291 | 291 | | 11-4a, to the joint standing committees of the General Assembly having 227 |
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292 | 292 | | cognizance of matters relating to public health and the judiciary 228 |
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293 | 293 | | regarding the plan developed pursuant to subsection (b) of this section, 229 |
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294 | 294 | | recommendations for any legislation necessary to implement such plan 230 |
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295 | 295 | | Raised Bill No. 1543 |
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296 | 296 | | |
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297 | 297 | | |
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298 | 298 | | |
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299 | 299 | | LCO No. 6728 9 of 16 |
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300 | 300 | | |
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301 | 301 | | and the department's timeline for implementation of such plan, 231 |
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302 | 302 | | provided the commissioner implements the provisions of subparagraph 232 |
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303 | 303 | | (B) of subdivision (11) of subsection (b) of this section not later than 233 |
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304 | 304 | | January 1, 2026. 234 |
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305 | 305 | | Sec. 2. (NEW) (Effective October 1, 2025) (a) The Commissioner of 235 |
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306 | 306 | | Correction shall provide palatable and nutritious meals to each person 236 |
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307 | 307 | | in the custody of the commissioner. Under no circumstances shall the 237 |
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308 | 308 | | commissioner permit such persons to be fed nutraloaf as a form of 238 |
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309 | 309 | | discipline or any other punitive diet. 239 |
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310 | 310 | | (b) For purposes of this section, "nutraloaf" means a mixture of foods 240 |
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311 | 311 | | blended together and baked into a solid loaf and "punitive diet" means 241 |
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312 | 312 | | a diet that is used for punishment purposes. 242 |
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313 | 313 | | Sec. 3. (NEW) (Effective October 1, 2025) The Commissioner of 243 |
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314 | 314 | | Correction shall ensure that each person in the custody of the 244 |
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315 | 315 | | commissioner is provided with a form enabling such person to 245 |
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316 | 316 | | authorize another person to access such person's medical records that 246 |
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317 | 317 | | are otherwise subject to nondisclosure under the federal Health 247 |
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318 | 318 | | Insurance Portability and Accountability Act of 1996, P.L. 104-191, as 248 |
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319 | 319 | | amended from time to time. 249 |
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320 | 320 | | Sec. 4. (Effective from passage) (a) Not later than one year after the 250 |
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321 | 321 | | effective date of this section, the Commissioner of Correction, in 251 |
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322 | 322 | | consultation with the Correction Ombuds appointed pursuant to section 252 |
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323 | 323 | | 18-81jj of the general statutes, shall publish on the Internet web site 253 |
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324 | 324 | | operated by the Department of Correction, the report commissioned by 254 |
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325 | 325 | | the department in 2017 under contract with an institute concerned with 255 |
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326 | 326 | | criminal justice, for the purpose of identifying and examining the most 256 |
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327 | 327 | | extreme cases of medical malpractice and neglect experienced by 257 |
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328 | 328 | | persons in the custody of the commissioner. Such published report shall 258 |
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329 | 329 | | include all addenda and have personal identifying information 259 |
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330 | 330 | | redacted. 260 |
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331 | 331 | | (b) The commissioner shall notify any living person, or if deceased, 261 |
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332 | 332 | | Raised Bill No. 1543 |
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333 | 333 | | |
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334 | 334 | | |
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335 | 335 | | |
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336 | 336 | | LCO No. 6728 10 of 16 |
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337 | 337 | | |
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338 | 338 | | the next-of-kin of such person whose case is identified in the report 262 |
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339 | 339 | | described pursuant to subsection (a) of this section of the publication of 263 |
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340 | 340 | | such report. As part of such notification, the department shall include 264 |
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341 | 341 | | all documentation concerning such person's case, including, but not 265 |
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342 | 342 | | limited to, the entire medical file, security division investigation reports, 266 |
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343 | 343 | | morbidity and mortality reports, documentation from the utilization 267 |
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344 | 344 | | review committee and electronic mail related to the case. 268 |
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345 | 345 | | (c) Not later than one year after the effective date of this section, the 269 |
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346 | 346 | | Commissioner of Correction, in consultation with the Correction 270 |
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347 | 347 | | Ombuds, shall report on actions taken to fulfill the requirements of this 271 |
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348 | 348 | | section to the joint standing committee of the General Assembly having 272 |
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349 | 349 | | cognizance of matters relating to the Department of Correction, in 273 |
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350 | 350 | | accordance with the provisions of section 11-4a of the general statutes. 274 |
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351 | 351 | | Sec. 5. (Effective from passage) (a) Notwithstanding the provisions of 275 |
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352 | 352 | | section 4-148 of the general statutes concerning time limitations to file a 276 |
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353 | 353 | | claim against the state and any other provision of the general statutes, a 277 |
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354 | 354 | | person shall have one year after the date of notification pursuant to 278 |
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355 | 355 | | subsection (b) of section 4 of this act to pursue a claim based on 279 |
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356 | 356 | | information contained in the report described in subsection (a) of section 280 |
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357 | 357 | | 4 of this act. Upon filing of any such claim with the Office of the Claims 281 |
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358 | 358 | | Commissioner, established pursuant to section 4-142 of the general 282 |
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359 | 359 | | statutes, permission to sue the state shall be deemed granted for such 283 |
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360 | 360 | | claim. Any such action shall be limited to medical malpractice or 284 |
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361 | 361 | | negligence claims only and any such action shall be deemed a suit 285 |
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362 | 362 | | otherwise authorized by law in accordance with subsection (a) of section 286 |
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363 | 363 | | 4-142 of the general statutes. 287 |
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364 | 364 | | (b) Notwithstanding any provision of the general statutes concerning 288 |
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365 | 365 | | any statute of limitations to bring an action in negligence or malpractice, 289 |
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366 | 366 | | a claimant for whom permission to sue is deemed granted under 290 |
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367 | 367 | | subsection (a) of this section for a particular claim may bring an action 291 |
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368 | 368 | | on such claim in the Superior Court not later than one year after the date 292 |
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369 | 369 | | of notification pursuant to subsection (b) of section 4 of this act. 293 |
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370 | 370 | | Raised Bill No. 1543 |
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371 | 371 | | |
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372 | 372 | | |
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373 | 373 | | |
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374 | 374 | | LCO No. 6728 11 of 16 |
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375 | 375 | | |
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376 | 376 | | Sec. 6. (Effective from passage) Upon publication of the report pursuant 294 |
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377 | 377 | | to subsection (a) of section 4 of this act, the Commissioner of Correction 295 |
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378 | 378 | | shall forward all documentation described in subsection (b) of said 296 |
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379 | 379 | | section for each case in such published report to the Commissioner of 297 |
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380 | 380 | | Public Health. Notwithstanding the provisions of section 20-13e of the 298 |
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381 | 381 | | general statutes, not later than one hundred eighty days after receipt of 299 |
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382 | 382 | | such documentation, the Commissioner of Public Health shall open an 300 |
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383 | 383 | | investigation into each such case. Such cases shall be investigated by 301 |
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384 | 384 | | independent medical examiners or peer-to-peer review specialists to 302 |
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385 | 385 | | investigate such cases. Not later than three hundred sixty-five days after 303 |
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386 | 386 | | receipt of such documentation, the Commissioner of Public Health shall 304 |
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387 | 387 | | identify what, if any, disciplinary action is to be taken against medical 305 |
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388 | 388 | | practitioners determined to have committed a violation subject to 306 |
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389 | 389 | | disciplinary action under chapter 370 of the general statutes. 307 |
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390 | 390 | | Sec. 7. (Effective from passage) The Office of the Correction Ombuds, 308 |
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391 | 391 | | established pursuant to section 18-81qq of the general statutes, in 309 |
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392 | 392 | | consultation with the Office of the Attorney General, shall publish on 310 |
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393 | 393 | | said offices' Internet web sites a database that contains all cases filed 311 |
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394 | 394 | | against the Department of Correction defended by the division of the 312 |
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395 | 395 | | Office of the Attorney General concerning public safety during the 313 |
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396 | 396 | | period from January 1, 2000, to the effective date of this section. Said 314 |
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397 | 397 | | offices shall conduct and publish the results of targeted audits of such 315 |
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398 | 398 | | cases that were brought as medical neglect cases during the period from 316 |
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399 | 399 | | January 1, 2019, to the effective date of this section. 317 |
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400 | 400 | | Sec. 8. (Effective from passage) The Commissioner of Administrative 318 |
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401 | 401 | | Services, in consultation with the Commissioner of Correction, shall 319 |
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402 | 402 | | study the feasibility of relocating the New Haven Correctional Center 320 |
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403 | 403 | | on Whalley Avenue and the Bridgeport Correctional Center, to locations 321 |
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404 | 404 | | that would create fewer impacts on neighborhoods. Such study shall 322 |
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405 | 405 | | include (1) an assessment of the practicality and potential impacts of 323 |
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406 | 406 | | each proposed relocation, and (2) a listing of potential sites for each 324 |
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407 | 407 | | proposed relocation, including a comparison of any advantages or 325 |
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408 | 408 | | disadvantages each proposed site may have when compared to the 326 |
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409 | 409 | | Raised Bill No. 1543 |
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410 | 410 | | |
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411 | 411 | | |
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412 | 412 | | |
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413 | 413 | | LCO No. 6728 12 of 16 |
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414 | 414 | | |
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415 | 415 | | current site for each such facility. Not later than February 1, 2026, the 327 |
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416 | 416 | | Commissioner of Administrative Services shall submit such study, in 328 |
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417 | 417 | | accordance with the provisions of section 11-4a of the general statutes, 329 |
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418 | 418 | | to the joint standing committee of the General Assembly having 330 |
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419 | 419 | | cognizance of matters relating to the Department of Correction. 331 |
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420 | 420 | | Sec. 9. (NEW) (Effective October 1, 2025) (a) The Commissioner of 332 |
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421 | 421 | | Correction shall ensure that each correctional facility under the 333 |
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422 | 422 | | commissioner's jurisdiction is staffed at a level to ensure the safety of 334 |
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423 | 423 | | the staff who work at each such facility, visitors and contractors who 335 |
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424 | 424 | | enter each such facility and persons who are incarcerated at each such 336 |
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425 | 425 | | facility. 337 |
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426 | 426 | | (b) Not later than January 1, 2026, the commissioner shall develop 338 |
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427 | 427 | | and actively employ a program for the recruitment and retention of 339 |
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428 | 428 | | correctional officers. 340 |
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429 | 429 | | (c) Not later than January 1, 2027, and annually thereafter, the 341 |
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430 | 430 | | commissioner shall report, in accordance with the provisions of section 342 |
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431 | 431 | | 11-4a of the general statutes, to the joint standing committee of the 343 |
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432 | 432 | | General Assembly having cognizance of matters relating to the 344 |
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433 | 433 | | Department of Correction on efforts to comply with subsections (a) and 345 |
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434 | 434 | | (b) of this section, including any shortcomings in such compliance. Such 346 |
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435 | 435 | | report may include recommendations for additional resources needed 347 |
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436 | 436 | | to achieve such compliance. 348 |
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437 | 437 | | Sec. 10. (NEW) (Effective October 1, 2025) The Commissioner of 349 |
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438 | 438 | | Correction shall ensure that persons who are incarcerated have access 350 |
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439 | 439 | | to and engage in productive programming, including, but not limited 351 |
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440 | 440 | | to, employment opportunities, education courses and vocational 352 |
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441 | 441 | | training. Such programming shall be available for incarcerated persons 353 |
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442 | 442 | | to access during out-of-cell time. Access to such programming shall be 354 |
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443 | 443 | | prioritized for those incarcerated persons who are not sentenced to a 355 |
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444 | 444 | | term of life imprisonment without the possibility of release. 356 |
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445 | 445 | | Sec. 11. (NEW) (Effective from passage) The Commissioner of 357 |
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446 | 446 | | Raised Bill No. 1543 |
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447 | 447 | | |
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448 | 448 | | |
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449 | 449 | | |
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450 | 450 | | LCO No. 6728 13 of 16 |
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451 | 451 | | |
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452 | 452 | | Correction shall develop a protocol for full documentation of any 358 |
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453 | 453 | | assault by a person who is incarcerated on custodial staff. On and after 359 |
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454 | 454 | | October 1, 2025, each such assault shall be documented in accordance 360 |
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455 | 455 | | with such protocol. 361 |
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456 | 456 | | Sec. 12. (Effective from passage) (a) Not later than December 31, 2025, 362 |
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457 | 457 | | the Commissioner of Correction shall (1) purchase at least two body 363 |
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458 | 458 | | scanner machines, and install at least one at the York Correctional 364 |
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459 | 459 | | Institution and at least one at the John R. Manson Youth Institution, 365 |
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460 | 460 | | Cheshire, and (2) establish a pilot program and directives that prioritize 366 |
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461 | 461 | | using such machines to inspect persons who are incarcerated in said 367 |
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462 | 462 | | institutions in lieu of correctional personnel conducting strip searches 368 |
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463 | 463 | | or cavity searches when such searches are typically performed, 369 |
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464 | 464 | | according to the existing directives. As part of such pilot program, the 370 |
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465 | 465 | | commissioner shall train correctional personnel in the use of such 371 |
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466 | 466 | | machines and collect data concerning such use. 372 |
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467 | 467 | | (b) Not later than February 15, 2027, the Commissioner of Correction 373 |
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468 | 468 | | shall submit a report, in accordance with the provisions of section 11-4a 374 |
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469 | 469 | | of the general statutes, to the joint standing committees of the General 375 |
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470 | 470 | | Assembly having cognizance of matters relating to the judiciary and 376 |
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471 | 471 | | government oversight. Such report shall include, but need not be 377 |
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472 | 472 | | limited to, (1) the total number of body scans performed by the body 378 |
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473 | 473 | | scanning machines during the 2026 calendar year based upon the reason 379 |
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474 | 474 | | for the scan, by month, (2) the number of strip or cavity searches 380 |
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475 | 475 | | conducted during the 2026 calendar year, by month, (3) the total number 381 |
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476 | 476 | | of such body scans that discovered contraband material, by month, (4) 382 |
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477 | 477 | | the types and material of contraband discovered during such period, 383 |
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478 | 478 | | differentiated by the type of search or scan performed, (5) the use of any 384 |
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479 | 479 | | additional screening subsequent to the implementation of the body 385 |
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480 | 480 | | scanner machines, including a strip search, placement on a dry cell 386 |
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481 | 481 | | watch, urinalysis or medical assessment to confirm contraband was not 387 |
---|
482 | 482 | | present, and (6) any recommendations for legislative changes based 388 |
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483 | 483 | | upon the results of such pilot program. 389 |
---|
484 | 484 | | Raised Bill No. 1543 |
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485 | 485 | | |
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486 | 486 | | |
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487 | 487 | | |
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488 | 488 | | LCO No. 6728 14 of 16 |
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489 | 489 | | |
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490 | 490 | | Sec. 13. (Effective from passage) Not later than February 15, 2026, the 390 |
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491 | 491 | | Commissioner of Correction shall submit a report, in accordance with 391 |
---|
492 | 492 | | the provisions of section 11-4a of the general statutes, to the joint 392 |
---|
493 | 493 | | standing committees of the General Assembly having cognizance of 393 |
---|
494 | 494 | | matters relating to the judiciary and government oversight. Such report 394 |
---|
495 | 495 | | shall include an evaluation of current directives and procedures for strip 395 |
---|
496 | 496 | | searches and cavity searches in correctional institutions in the state 396 |
---|
497 | 497 | | compared to other states in the northeastern region and federal policies, 397 |
---|
498 | 498 | | based on the type of institution, and highlight any differences in such 398 |
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499 | 499 | | directives and procedures. 399 |
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500 | 500 | | Sec. 14. (Effective July 1, 2025) (a) For the purposes described in 400 |
---|
501 | 501 | | subsection (b) of this section, the State Bond Commission shall have the 401 |
---|
502 | 502 | | power from time to time to authorize the issuance of bonds of the state 402 |
---|
503 | 503 | | in one or more series and in principal amounts not exceeding in the 403 |
---|
504 | 504 | | aggregate five hundred thousand dollars. 404 |
---|
505 | 505 | | (b) The proceeds of the sale of such bonds, to the extent of the amount 405 |
---|
506 | 506 | | stated in subsection (a) of this section, shall be used by the Department 406 |
---|
507 | 507 | | of Correction for the purpose of purchasing two body scanning 407 |
---|
508 | 508 | | machines, installing such machines and training corrections staff on 408 |
---|
509 | 509 | | their use in accordance with the provisions of section 12 of this act. 409 |
---|
510 | 510 | | (c) All provisions of section 3-20 of the general statutes, or the exercise 410 |
---|
511 | 511 | | of any right or power granted thereby, that are not inconsistent with the 411 |
---|
512 | 512 | | provisions of this section are hereby adopted and shall apply to all 412 |
---|
513 | 513 | | bonds authorized by the State Bond Commission pursuant to this 413 |
---|
514 | 514 | | section. Temporary notes in anticipation of the money to be derived 414 |
---|
515 | 515 | | from the sale of any such bonds so authorized may be issued in 415 |
---|
516 | 516 | | accordance with section 3-20 of the general statutes and from time to 416 |
---|
517 | 517 | | time renewed. Such bonds shall mature at such time or times not 417 |
---|
518 | 518 | | exceeding twenty years from their respective dates as may be provided 418 |
---|
519 | 519 | | in or pursuant to the resolution or resolutions of the State Bond 419 |
---|
520 | 520 | | Commission authorizing such bonds. None of such bonds shall be 420 |
---|
521 | 521 | | authorized except upon a finding by the State Bond Commission that 421 |
---|
522 | 522 | | Raised Bill No. 1543 |
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523 | 523 | | |
---|
524 | 524 | | |
---|
525 | 525 | | |
---|
526 | 526 | | LCO No. 6728 15 of 16 |
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527 | 527 | | |
---|
528 | 528 | | there has been filed with it a request for such authorization that is signed 422 |
---|
529 | 529 | | by or on behalf of the Secretary of the Office of Policy and Management 423 |
---|
530 | 530 | | and states such terms and conditions as said commission, in its 424 |
---|
531 | 531 | | discretion, may require. Such bonds issued pursuant to this section shall 425 |
---|
532 | 532 | | be general obligations of the state and the full faith and credit of the state 426 |
---|
533 | 533 | | of Connecticut are pledged for the payment of the principal of and 427 |
---|
534 | 534 | | interest on such bonds as the same become due, and accordingly and as 428 |
---|
535 | 535 | | part of the contract of the state with the holders of such bonds, 429 |
---|
536 | 536 | | appropriation of all amounts necessary for punctual payment of such 430 |
---|
537 | 537 | | principal and interest is hereby made, and the State Treasurer shall pay 431 |
---|
538 | 538 | | such principal and interest as the same become due. 432 |
---|
539 | 539 | | Sec. 15. (NEW) (Effective from passage) On or before January 1, 2026, 433 |
---|
540 | 540 | | and annually thereafter, the Commissioner of Correction shall submit a 434 |
---|
541 | 541 | | report, in accordance with the provisions of section 11-4a of the general 435 |
---|
542 | 542 | | statutes, to the joint standing committees of the General Assembly 436 |
---|
543 | 543 | | having cognizance of matters relating to the judiciary and government 437 |
---|
544 | 544 | | oversight, concerning the conduct of strip and cavity searches in such 438 |
---|
545 | 545 | | facilities. Such report shall include, but need not be limited to: (1) The 439 |
---|
546 | 546 | | number of strip searches and cavity searches of persons who are 440 |
---|
547 | 547 | | incarcerated that have occurred during the prior calendar year, broken 441 |
---|
548 | 548 | | out by correctional facility, (2) whether there have been any lawsuits 442 |
---|
549 | 549 | | filed concerning such strip searches or cavity searches during the year 443 |
---|
550 | 550 | | immediately preceding such report and, if so, the status or outcome of 444 |
---|
551 | 551 | | such lawsuits, and (3) a copy of the current policy concerning the 445 |
---|
552 | 552 | | conduct of such searches, including any training requirements for 446 |
---|
553 | 553 | | correctional officers concerning the conduct of such searches. 447 |
---|
554 | 554 | | This act shall take effect as follows and shall amend the following |
---|
555 | 555 | | sections: |
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556 | 556 | | |
---|
557 | 557 | | Section 1 from passage 18-81pp |
---|
558 | 558 | | Sec. 2 October 1, 2025 New section |
---|
559 | 559 | | Sec. 3 October 1, 2025 New section |
---|
560 | 560 | | Sec. 4 from passage New section |
---|
561 | 561 | | Sec. 5 from passage New section |
---|
562 | 562 | | Raised Bill No. 1543 |
---|
563 | 563 | | |
---|
564 | 564 | | |
---|
565 | 565 | | |
---|
566 | 566 | | LCO No. 6728 16 of 16 |
---|
567 | 567 | | |
---|
568 | 568 | | Sec. 6 from passage New section |
---|
569 | 569 | | Sec. 7 from passage New section |
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570 | 570 | | Sec. 8 from passage New section |
---|
571 | 571 | | Sec. 9 October 1, 2025 New section |
---|
572 | 572 | | Sec. 10 October 1, 2025 New section |
---|
573 | 573 | | Sec. 11 from passage New section |
---|
574 | 574 | | Sec. 12 from passage New section |
---|
575 | 575 | | Sec. 13 from passage New section |
---|
576 | 576 | | Sec. 14 July 1, 2025 New section |
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577 | 577 | | Sec. 15 from passage New section |
---|
578 | 578 | | |
---|
579 | 579 | | Statement of Purpose: |
---|
580 | 580 | | To (1) require that persons who are incarcerated be immediately |
---|
581 | 581 | | provided evidence-based mental health interventions upon initial |
---|
582 | 582 | | assessment and intake, (2) require that persons who are incarcerated be |
---|
583 | 583 | | fed palatable and nutritious meals and not be served nutraloaf as |
---|
584 | 584 | | punishment, (3) ensure that persons who are incarcerated are provided |
---|
585 | 585 | | a form to authorize another person to access their medical records, (4) |
---|
586 | 586 | | cause the publication of the Criminal Justice Institute's report |
---|
587 | 587 | | concerning cases of medical neglect in Connecticut's correctional |
---|
588 | 588 | | facilities and provide that claimants in such cases be granted permission |
---|
589 | 589 | | to sue the state, (5) adopt measures to increase access to data concerning |
---|
590 | 590 | | cases involving medical neglect by the Department of Correction, (6) |
---|
591 | 591 | | require a study of relocating the New Haven Correctional Center on |
---|
592 | 592 | | Whalley Avenue and the Bridgeport Correctional Center, (7) employ |
---|
593 | 593 | | measures to increase staffing at correctional facilities, (8) increase |
---|
594 | 594 | | productive time for out-of-cell time for persons who are incarcerated, |
---|
595 | 595 | | (9) ensure incidents of violence against correctional officers are fully |
---|
596 | 596 | | documented, and (10) establish a pilot program for body scans in lieu of |
---|
597 | 597 | | body and cavity searches and bonding for such program. |
---|
598 | 598 | | |
---|
599 | 599 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
600 | 600 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
601 | 601 | | underlined.] |
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602 | 602 | | |
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