CHAPTER 325
DEPARTMENT OF CORRECTION

PART I
GENERAL PROVISIONS

Sec. 18-78a. Applicability of Uniform Administrative Procedure Act to department. Exceptions. (a)(1) The provisions of chapter 54 shall apply to the Department of Correction, except that in adopting regulations in regard to riot control procedures, security and emergency procedures, disciplinary action or classification the Department of Correction shall not be required to follow the procedures in sections 4-168, 4-168a, 4-168b, 4-172, 4-173, 4-174 and 4-176. The Attorney General, the legislative regulation review committee and the General Assembly, in complying with their duties in accordance with sections 4-169, 4-170 and 4-171, shall not make such regulations in regard to riot control procedures and security and emergency procedures public.
(2) Not later than January 1, 1998, the Commissioner of Correction shall submit all regulations, as defined in section 4-166, concerning disciplinary action or classification adopted prior to October 1, 1997, to the legislative regulation review committee at the designated office of the committee, and such regulations shall be available for public inspection at said office.
(3) The Commissioner of Correction shall submit all regulations concerning disciplinary action or classification adopted on or after October 1, 1997, to the legislative regulation review committee at the designated office of the committee not later than seven business days after the adoption thereof, and such regulations shall be available for public inspection at said office.
(4) Any regulation, as defined in section 4-166, concerning riot control, security and emergency procedures, disciplinary action, classification or out-of-state transfers which was adopted by the Department of Correction prior to October 1, 1997, and which is otherwise valid except that such regulation was not adopted in accordance with chapter 54, is validated, and shall be deemed to have been adopted in compliance with chapter 54.
(b) In cases involving disciplinary action, classifications and out-of-state transfers, the Department of Correction shall not be required to follow the procedures of sections 4-176e to 4-182, inclusive, provided all procedural safeguards are afforded at such hearings to insure due process of law.
(c) The Department of Correction may, in granting an opportunity for hearing requested by any prisoner or inmate pursuant to section 4-168, reasonably restrict the time, location and frequency of such hearings.
(P.A. 74-177, S. 1−3; P.A. 88-317, S. 77, 107; P.A. 97-168.)
History: P.A. 88-317 amended references in Subsec. (a) to Ch. 54 and Secs. 4-168, 4-172, 4-173, 4-174 and 4-176 and amended reference in Subsec. (b) to Secs. 4-177 to 4-182, to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 97-168 amended Subsec. (a) by designating existing provisions as Subdiv. (1), amending said Subdiv. (1) to exempt the adoption of regulations in regard to "security and emergency procedures, disciplinary action or classification" from the specified statutory procedures, add the reference to Sec. 4-168b and provide that the prohibition on making the regulations public is applicable to regulations "in regard to riot control procedures and security and emergency procedures", adding new Subdiv. (2) to require the submission of regulations concerning disciplinary action or classification adopted prior to October 1, 1997, to the legislative regulation review committee, adding new Subdiv. (3) to require the submission of regulations concerning disciplinary action or classification adopted on or after October 1, 1997, to the legislative regulation review committee, and adding new Subdiv. (4) to validate regulations concerning riot control, security and emergency procedures, disciplinary action, classification or out-of-state transfers adopted prior to October 1, 1997.
Cited. 171 C. 691, 696.
Subsec. (a):
Cited. 186 C. 153, 156.

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Sec. 18-79. Council of Correction. Section 18-79 is repealed.
(1967, P.A. 152, S. 2; P.A. 74-150, S. 3; P.A. 77-614, S. 609, 610.)

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Sec. 18-80. Commissioner. In accordance with the provisions of sections 4-5 to 4-8, inclusive, the Governor shall appoint a Commissioner of Correction who shall be the administrative head of the department. Said commissioner shall be an experienced correctional administrator. He shall devote his entire time to the duties of his office.
(1967, P.A. 152, S. 3; P.A. 77-614, S. 270, 610.)
History: P.A. 77-614 deleted reference to consultation with council of correction, effective January 1, 1979.

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Sec. 18-81. Duties of commissioner. Legal assistance provided to indigent inmates. The Commissioner of Correction shall administer, coordinate and control the operations of the department and shall be responsible for the overall supervision and direction of all institutions, facilities and activities of the department. He shall establish rules for the administrative practices and custodial and rehabilitative methods of said institutions and facilities in accordance with recognized correctional standards. He shall establish, develop and maintain noninstitutional, community-based service programs. He shall be responsible for establishing disciplinary, diagnostic, classification, treatment, vocational and academic education, research and statistics, training and development services and programs throughout the department. Subject to the provisions of chapter 67, the commissioner shall appoint such professional, technical and other personnel as may be necessary for the efficient operation of the department. The commissioner shall organize and operate interinstitutional programs for the development and training of institution and facility staffs. He shall provide for the services of such chaplains as are necessary to minister to the needs of the inmates of department institutions and facilities. He shall, within available appropriations for such purpose, arrange for provision of legal assistance of a civil nature to indigent inmates of department institutions and facilities and legal representation for such inmates before administrative boards where permitted or constitutionally required.
(1967, P.A. 152, S. 5; P.A. 77-24; 77-526, S. 1, 2; 77-614, S. 271, 610; P.A. 80-200, S. 2, 7; P.A. 93-219, S. 9, 14.)
History: P.A. 77-24 allowed commissioner to appoint designees to act for him; P.A. 77-526 added commissioner's duty to arrange for legal assistance for indigent inmates; P.A. 77-614 deleted reference to consultation with council of correction in establishing rules, effective July 1, 1979; P.A. 80-200 required commissioner to establish, develop and maintain noninstitutional, community-based service programs; P.A. 93-219 deleted responsibility of commissioner to supervise parolees and act as administrator of the interstate compact for parole and probation supervision, reflecting transfer of said responsibilities to board of parole, effective July 1, 1994.
See Secs. 20-14h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.
Commissioner's extremely broad discretion under this section must be accommodated with rule that prisoner retains basic constitutional rights; habeas corpus provides only practical access of prisoner to courts. 34 CS 89.

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Sec. 18-81a. Habeas corpus for person in custody of commissioner. Whenever any writ of habeas corpus ad testificandum or ad prosequendum or ad respondendum has been issued at the request of a prosecuting attorney or state's attorney for any person in the custody of the Commissioner of Correction, said commissioner shall either arrange to transport, produce and maintain custody of such person, or said commissioner, with the consent of another state or municipal agency, may arrange to place the person in the charge of such other state or municipal agency which will transport, produce and maintain custody of such person, to, from and at the place specified in such writ.
(1971, P.A. 49, S. 2.)
Cited. 229 C. 125, 153.

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Sec. 18-81b. Informational and educational experiences for the public. The Commissioner of Correction may provide to the public such informational and educational experiences as are consonant with the department's mission and goals and when such experiences necessitate the expending of funds said commissioner shall require the recipients of said informational and educational experiences to compensate the department.
(P.A. 76-119.)

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Sec. 18-81c. Connecticut Prison Association: Office space and telephone service. The Commissioner of Correction shall provide office space and telephone service for the Connecticut Prison Association.
(P.A. 81-99.)
See Secs. 18-96 and 54-131 re duties of the Connecticut Prison Association.

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Sec. 18-81d. Medical and dental treatment of inmates under age of eighteen. (a) When he deems it in the best interest of any inmate under the age of eighteen committed to the custody of the Commissioner of Correction, the commissioner or his designee may authorize medical or dental treatment, including surgery and oral surgery, to insure the continued good health of such inmate. Any such authorization for medical treatment or surgery shall be made on the advice of a physician licensed to practice in the state under the provisions of chapter 370, except that if any such surgery is not of an emergency nature, the advice of two such physicians shall be required. Any such authorization for dental treatment or oral surgery shall be made on the advice of a dentist licensed to practice in the state under the provisions of chapter 379, except that if any such oral surgery is not of an emergency nature the advice of two such dentists shall be required.
(b) Prior to such authorization, the commissioner shall exercise due diligence to obtain the consent of the parents or guardian of such inmate for such treatment or surgery, and in all cases shall send notice to the parents or guardian by letter to their last-known address informing them of the actions taken, of their necessity and of the outcome. In any case where the commissioner fails to notify such parents or guardian, such failure will not affect the validity of the authorization. All costs incurred for any such treatment or surgery shall be paid by the state.
(P.A. 85-295.)

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Sec. 18-81e. Notification of victim of release of inmate from correctional facility. (a) For the purposes of this section, "victim" includes the legal representative of the victim or a member of the deceased victim's immediate family.
(b) Upon the release of any person from a correctional facility, whether at the scheduled termination date of a determinate sentence or prior to such date on account of the transfer of such person to a public or private nonprofit halfway house, group home or mental health facility or approved community residence pursuant to section 18-100, the reduction of such sentence due to good conduct and obedience to rules or receipt of an outstandingly meritorious performance award, or any other early release provision, the Commissioner of Correction or his designee shall notify any victim of the crime for which such person is incarcerated of such person's release if such victim has requested notification and provided the commissioner with a current address.
(P.A. 85-566, S. 3; P.A. 88-278, S. 2; P.A. 95-152, S. 2.)
History: P.A. 88-278 added provision in Subsec. (b) re release of person prior to scheduled date as result of prison overcrowding emergency, transfer to halfway house, group home, mental health facility or community residence, reduction of sentence due to good conduct or meritorious service award or other early release provision; P.A. 95-152 amended Subsec. (b) to delete the provision re the release of a person on account of "the declaration of a prison overcrowding emergency pursuant to section 18-87f", reflecting the repeal of said section by the same public act.

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Sec. 18-81f. Notification of municipal official concerning status of temporary detention facility. The Commissioner of Correction or his designee shall provide written notice to the chief executive officer of any municipality not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and a public agency concerning a temporary detention facility located in such municipality, and (2) the effective date of any new or additional terms to any existing agreement between the Department of Correction and a public agency concerning a temporary detention facility located in such municipality. The commissioner shall specify in such notice the action taken or planned under subdivision (1) or (2) of this section which necessitated the giving of such notice. For the purposes of this section, "temporary detention facility" means any correctional center, institution or facility operated for a specific period of time by the Department of Correction for the confinement of inmates or prisoners.
(P.A. 87-538, S. 4, 5.)

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Sec. 18-81g. (Formerly Sec. 17a-645). Community-based treatment facility for female offenders. The Department of Correction shall, within the available appropriations of the Department of Correction, establish a fifteen-bed segregated, community-based alcohol and drug treatment facility targeted solely for female offenders.
(P.A. 89-390, S. 33, 37; P.A. 93-381, S. 23, 39.)
History: P.A. 93-381 deleted reference to Connecticut alcohol and drug abuse commission, and added the words "of correction" in the phrase "within the available appropriations of the department of correction" effective July 1, 1993; Sec. 17a-645 transferred to Sec. 18-81g in 1995.

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Sec. 18-81h. Public safety committees established in municipalities with correctional facilities. Report. (a) The Department of Correction shall establish a public safety committee in each municipality in which a correctional facility is located. Each committee shall be composed of the warden or superintendent of the correctional facility and representatives appointed by the chief elected official of the municipality. Each committee shall meet not less than quarterly to review correctional safety and security issues which affect the host municipality.
(b) On or before November 1, 1995, and annually thereafter, each public safety committee shall submit a report to the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public safety which outlines issues of concern in each municipality in which a correctional facility is located and makes recommendations to mitigate such concerns.
(P.A. 93-219, S. 12, 14; P.A. 95-251, S. 1.)
History: P.A. 93-219 effective July 1, 1993; P.A. 95-251 amended Subsec. (b) to change report deadline from July 1, 1994, to November 1, 1995, and to require reports by public safety committees rather than Department of Correction.

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Sec. 18-81i. Storage of weapons on grounds of correctional facility. Any firearm, ammunition or deadly weapon owned by the Department of Correction shall only be stored in a secure location on the grounds of a correctional facility with a security rating of level three or higher.
(July Sp. Sess. P.A. 94-1, S. 18.)

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Sec. 18-81j. Annual notification of municipal official in municipalities with correctional facilities concerning capacity and inmate population in facility. On or before November 1, 1995, and annually thereafter, the Commissioner of Correction shall notify the chief elected official in each municipality in which a correctional facility is located of the actual capacity and inmate population of such facility at that time.
(P.A. 95-251, S. 2.)

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Sec. 18-81k. Maintenance of good relations between department and communities surrounding correctional facilities. The Commissioner of Correction shall develop a policy to ensure that the maintenance of good relations between the department and the communities surrounding correctional facilities is a high priority of the Department of Correction. The policy shall require the periodic conduct of educational programs and forums in the host communities to address the concerns of the communities.
(P.A. 95-251, S. 5.)

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Sec. 18-81l. Criminal history records check of correctional personnel. Fingerprinting. The Department of Correction shall (1) require each applicant for a position that will involve direct contact with inmates to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of his application, and (2) require each applicant to submit to state and national criminal history records checks. The Department of Correction shall conduct a state criminal history records check for each applicant. Prior to employment, the Department of Correction shall arrange for the fingerprinting of each successful applicant and shall forward such fingerprints to the State Police Bureau of Identification which shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history records check. The department may charge each applicant a fee for the national criminal history records check which shall not exceed the fee charged by the Federal Bureau of Investigation for performing the check.
(P.A. 95-251, S. 4; P.A. 96-180, S. 133, 166; June Sp. Sess. P.A. 98-1, S. 48, 121.)
History: P.A. 96-180 made a technical change, effective June 3, 1996; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998.

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Sec. 18-81m. Notification re standing criminal restraining order upon release. When any person against whom a standing criminal restraining order has been issued pursuant to subsection (a) of section 53a-40e is released from confinement in a correctional institution, the Commissioner of Correction shall notify such person of the existence of the standing criminal restraining order against him, the terms of the order and the penalty for violation of the order and the commissioner shall provide such person with a copy of the order. If such person is released on parole or probation, the parole or probation officer shall, at the end of such term of parole or probation, remind such person of the existence of the standing criminal restraining order against him, the terms of the order and the penalty for violation of the order and the parole or probation officer shall provide such person with a copy of the order.
(P.A. 96-228, S. 3.)

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Sec. 18-81n. Notification of municipal official concerning agreement for medical care of inmates. The Commissioner of Correction, or his designee, shall provide written notice to the chief executive officer of a municipality not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and a public or private hospital or other health care facility located in such municipality concerning the ongoing provision of inpatient or outpatient nonemergency medical services to inmates or prisoners; and (2) the effective date of any new or additional terms to any such existing agreement. The notice required pursuant to this section shall specify the action taken or planned under subdivision (1) or (2) of this section, including security measures and procedures for cooperation with local police officials. The chief executive officer may hold a public hearing on any notice pursuant to this section, file written comments with the commissioner and designate a representative of the municipality who shall act as liaison to the department for the period of time that any agreement subject to this section remains in effect.
(P.A. 97-245, S. 3.)

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Sec. 18-81o. Notification of municipal official and public safety committee concerning agreement for placement of persons in correctional facility. The Commissioner of Correction or his designee shall provide written notice to the chief executive officer of a municipality and any public safety committee established pursuant to section 18-81h not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and any public agency other than a state agency concerning the placement, custody or care in a correctional facility in such municipality of persons under the jurisdiction of such agency, and (2) the effective date of any new or additional terms to any such existing agreement. The notice required pursuant to this section shall specify the action planned under subdivision (1) or (2) of this section, including security measures and procedures for cooperation with local police officials. The chief executive officer or public safety committee may hold a public hearing on any notice provided pursuant to this section and may file written comments with the commissioner.
(P.A. 97-245, S. 4.)

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Sec. 18-81p. Review of substance abuse detoxification and treatment programs. Reintegration of drug-dependent inmates into community. The Commissioner of Correction, in consultation with the Department of Mental Health and Addiction Services and the Judicial Department, shall review, evaluate and make recommendations concerning substance abuse detoxification and treatment programs for drug-dependent pretrial and sentenced inmates of correctional facilities and the reintegration of such inmates into the community. The commissioner shall examine various options for the detoxification and treatment of drug-dependent inmates including, but not limited to, methadone maintenance treatment and other therapies or treatments, and the reintegration of drug-dependent inmates into the community upon their release from incarceration, including the transfer of inmates to community-based methadone or other therapy or treatment programs. The commissioner shall report his findings and recommendations and submit a proposal for detoxification, treatment and reintegration programs including, if appropriate, the establishment of one or more pilot programs for methadone maintenance or other therapy or treatment for drug-dependent inmates to the General Assembly not later than February 1, 1998.
(P.A. 97-248, S. 2, 12.)
History: P.A. 97-248 effective July 1, 1997.

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Sec. 18-82. Correctional institution administrators: Appointment, qualifications and duties. The Commissioner of Correction shall appoint and may remove the following administrators, all of whom shall serve at the pleasure of the commissioner and shall be exempt from the classified service: All wardens of correctional institutions, all state community center wardens, all detention center wardens, all correctional service directors and all regional support services administrators. Such individuals shall possess skill and experience in correctional administration.
(1967, P.A. 152, S. 7; 1969, P.A. 300; 1971, P.A. 154, S. 3; P.A. 75-85; P.A. 77-614, S. 272, 610; P.A. 85-397; P.A. 87-282, S. 13; P.A. 94-193, S. 4.)
History: 1969 act replaced deputy commissioners for disciplinary and treatment services and for field services with deputy commissioners of institution services and of community services, replaced State Farm and State Prison for Women with Connecticut Correctional Institution, Niantic, replaced State Prison with Connecticut Correctional Institution, Somers, replaced reformatory with Connecticut Correctional Institution, Cheshire and jails with community correctional centers; 1971 act replaced Osborn correctional institution with Enfield correctional institution; P.A. 75-85 replaced provisions re appointment of specific deputy commissioners and re duties of deputy commissioner of women's services with statement that there shall be three deputy commissioner's; P.A. 77-614 deleted references to council of correction, removed deputy commissioners entirely and included appointment of community correctional center wardens, effective January 1, 1979; P.A. 85-397 revised language re administrative heads of state correctional institutions; P.A. 87-282 deleted references to "superintendents" of institutions; P.A. 94-193 clarified the meaning of "administrative heads of state institutions" as "administrators, all of whom shall serve at the pleasure of the commissioner and shall be exempt from the classified service" and made other technical corrections for clarity.
Cited. 195 C. 303, 311.

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Sec. 18-83. Acceptance of bequests, devises and gifts. The Commissioner of Correction may accept and receive, on behalf of the department or any institution or facility thereof, any bequest or gift of personal property and, subject to section 4b-22, any devise or gift of real property made to the department or any institution thereof, and may hold and use such property for the purposes specified in such bequest, devise or gift.
(1967, P.A. 152, S. 8.)

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Sec. 18-84. "Inmate" and "prisoner" defined. The terms "inmate" and "prisoner", as used in this title and sections 54-125 to 54-129, inclusive, and 54-131, include any person in the custody of the Commissioner of Correction or confined in any institution or facility of the Department of Correction until released from such custody or control, including any person on parole.
(1967, P.A. 152, S. 12; P.A. 79-194; 79-631, S. 14, 111; P.A. 82-472, S. 154, 183.)
History: P.A. 79-194 deleted reference to Sec. 17-194a and replaced "sentenced or transferred to" with "in the custody of the commissioner ... or confined in" any institution or facility; P.A. 79-631 made technical changes; P.A. 82-472 removed the reference to Sec. 17-246.
Cited. 45 CS 57.

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Sec. 18-85. Compensation of inmates. The commissioner, after consultation with the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management, shall establish a schedule of compensation for services performed on behalf of the state by inmates of any institution or facility of the department. Such schedule shall recognize degrees of merit, diligence and skill in order to encourage inmate incentive and industry. Sums so earned shall be deposited, under the direction of the administrative head of such institution or facility, in a savings bank or state bank and trust company in this state, and shall be paid to the inmate on his discharge; but the warden or Community Correctional Center Administrator may, while the inmate is in custody, disburse any compensation earned by such person in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of his dependents, if any; (7) his necessary travel expense to and from work and other incidental expenses; (8) costs of his board as determined by the commissioner; and (9) payment to the clerk of the court in which an inmate of a community correctional center, held only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine. Any interest that accrues shall be credited to any institutional fund established for the welfare of inmates. Compensation under this section shall be in addition to any compensation received or credited under section 18-50.
(1967, P.A. 152, S. 13; 1969, P.A. 297; P.A. 77-614, S. 126, 273, 610; P.A. 87-282, S. 14; P.A. 88-300, S. 1; P.A. 93- 310, S. 26, 32.)
History: 1969 act replaced jails with community correctional centers; P.A. 77-614 required consultation with commissioner of administrative services and secretary of the office of policy and management rather than with council of correction and personnel policy board; P.A. 87-282 deleted reference to "superintendent"; P.A. 88-300 amended provision re disbursement of compensation by requiring following priorities as Subdivs. (1) to (9): Federal taxes due, restitution or compensation to crime victim, payment of civil judgment, victims compensation, state taxes due, support of dependents, travel expense to and from work, costs of board and payment of fine; P.A. 93-310 changed commission on victim services to office of victim services, effective July 1, 1993.

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Sec. 18-85a. Assessment of inmates for costs of incarceration. The Commissioner of Correction shall adopt regulations in accordance with the provisions of chapter 54 concerning the assessment of inmates of correctional institutions or facilities for the costs of their incarceration.
(P.A. 95-235.)

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Sec. 18-86. Transfers between institutions of department. The commissioner may transfer any inmate of any of the institutions or facilities of the department to any other such institution or facility, irrespective of the institution to which the inmate was originally committed or the length of his sentence, when it appears to the commissioner that the best interests of the inmate or the other inmates will be served by such action.
(1967, P.A. 152, S. 14.)
Transfer of inmate from state prison at Wethersfield to new prison at Somers and Enfield legitimized by former section 18-1. Convict sentenced to one penal institution can be transferred or taken to another with statutory or judicial authority. 156 C. 339. Cited. 195 C. 303, 311. Cited. 196 C. 309, 313.

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Sec. 18-86a. Contracts with other states for confinement of Connecticut inmates. The Commissioner of Correction may enter into one or more contracts, with the appropriate official or officials of any state which is not a party to the New England Interstate Corrections Compact or the Interstate Corrections Compact, for the confinement of Connecticut inmates in correctional facilities located in such state. Any such contract shall provide for: (1) Its duration; (2) payments to be made by the state of Connecticut to the state to which the inmates are sent, for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; (3) participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom; (4) delivery and retaking of inmates; and (5) such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the state of Connecticut and the state to which the inmates are sent. The Commissioner of Correction shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. Such regulations shall include, but not be limited to, limitations on the length of time that inmates may be confined in correctional facilities of other states, the types of inmates eligible to be sent, the types of services, facilities, programs and treatment furnished by other states for which payment will be made, and limitations on the amount of payments to be made to other states to which inmates are sent.
(P.A. 90-250, S. 1, 3.)

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Sec. 18-86b. Contracts with governmental and private vendors for supervision of state inmates outside the state. (a) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, the Commissioner of Correction is authorized to improve the operation of the state's correctional facilities by entering into contracts with any governmental or private vendor for supervision of not more than five hundred inmates outside the state. Any such governmental or private vendor shall agree to be bound by the provisions of the Interstate Corrections Compact, and any governmental or privately- operated facility to which state inmates are transferred pursuant to a contract under this section shall be located in a state which has enacted and entered into the Interstate Corrections Compact.
(b) A state inmate confined in any governmental or privately-operated facility pursuant to the terms of any contract with the state shall at all times be subject to the authority of the Commissioner of Correction who may at any time remove the inmate for transfer to a state correctional facility or other institution, for transfer to another governmental or privately-operated facility, for release on probation or parole, for discharge or for any other purpose permitted by the laws of this state.
(P.A. 95-229.)

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Sec. 18-86c. Contracts re release of inmates. Any contract entered into between the Commissioner of Correction and a provider operating a halfway house, group home, mental health facility or other community residence to which the commissioner may release inmates, shall specify whether such provider refuses to accept certain inmates and, if so, shall specify the types of inmates such provider refuses to accept.
(June Sp. Sess. P.A. 00-1, S. 35, 46.)
History: June Sp. Sess. P.A. 00-1 effective July 1, 2000.

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Secs. 18-87a to 18-87d. Contracts with private agencies for: Halfway house handling of prerelease inmates; reentry services for paroled or discharged offenders. Early release: Pretrial inmates; sentenced inmates. Sections 18-87a to 18-87d, inclusive, are repealed.
(1972, P.A. 11, S. 1; P.A. 78-1, S. 1, 2; P.A. 80-200, S. 6, 7; P.A. 80-442, S. 24, 25, 28; P.A. 81-437, S. 6, 7, 12; P.A. 82-472, S. 56, 183; P.A. 84-505, S. 5, 6.)

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Secs. 18-87e and 18-87f. Prison overcrowding emergency: Definitions; construction program, release of prisoners. Sections 18-87e and 18-87f are repealed.
(P.A. 84-505, S. 1, 2, 6; P.A. 87-538, S. 2, 3, 5; P.A. 88-244, S. 2; 88-317, S. 78, 107; P.A. 89-353, S. 5, 8; P.A. 95- 152, S. 3.)

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Secs. 18-87g and 18-87h. Reserved for future use.

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Sec. 18-87i. Emergency correctional facility projects and large increases in correctional facility inmate populations: Notices, negotiated agreements between state and municipalities, arbitration. Section 18-87i is repealed, effective October 1, 1999.
(P.A. 89-353, S. 7, 8; P.A. 99-75, S. 13.)

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Sec. 18-87j. Commission on Prison and Jail Overcrowding established. Composition of commission. Chairperson. There is established a Commission on Prison and Jail Overcrowding which shall be within the Office of Policy and Management for administrative purposes only. Said commission shall consist of the Chief Court Administrator or his designee, the Commissioner of Correction, the Commissioner of Public Safety, the Chief State's Attorney or his designee, the Chief Public Defender or his designee and the Chief Bail Commissioner or other designee of the Chief Court Administrator and the Governor shall appoint the following members: Three government officials, a police chief, two persons representing offender and victim services within the private community and two public members. The Governor shall appoint a chairperson from among the members of the commission. The commission shall meet at such times as it deems necessary.
(P.A. 81-437, S. 1, 12; P.A. 82-472, S. 168, 183; P.A. 84-27, S. 2.)
History: P.A. 82-472 made a technical change by eliminating the director of the justice commission from the commission on prison and jail overcrowding and adding one more government official; P.A. 84-27 deleted the requirement that the commission meet at least once each month.
See Sec. 4-38f for definition of "administrative purposes only".

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Sec. 18-87k. Powers and duties of commission. The commission shall: (1) Develop and recommend policies for preventing prison and jail overcrowding; (2) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding and recommend legislation to the Governor and the General Assembly; (3) annually prepare and distribute a comprehensive state criminal justice plan for preventing prison and jail overcrowding which shall include, but not be limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release and community service plans and the impact on prison populations, local communities and court caseloads. The commission shall take into account any state plans in the related areas of mental health and drug and alcohol abuse in the development of such plan. The plan shall be submitted annually to the Governor and General Assembly on or before January fifteenth; (4) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make such information available to criminal justice agencies and members of the General Assembly.
(P.A. 81-437, S. 2, 12.)

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Sec. 18-87l. New Haven Armory not to be used to house prisoners or other detainees. The New Haven Armory may not be used in any part or at any time for the incarceration or holding of persons charged with, or convicted of, a crime, including, but not limited to, any temporary housing of prisoners or detainees on an emergency basis.
(P.A. 00-192, S. 18, 102.)
History: P.A. 00-192 effective July 1, 2000.

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Sec. 18-88. (Formerly Sec. 18-14). Industrial activities. State agencies required to purchase necessary products from institution industries. Retail hobby stores. (a) The commissioner shall use the industrial fund for the institutions of the department as a revolving fund for the maintenance and continuance of such productive industries as the commissioner directs and for the purchase of supplies, stock, tools, machinery and other equipment to promote in any way the industrial activities, including agricultural activities, of the institutions. The proceeds from all sales resulting from such activities shall be paid to the Treasurer and credited to said fund.
(b) The commissioner shall approve the establishment and maintenance of any and all such industrial activities, including, but not limited to, an optical shop to produce prescription eyeglasses for inmates of correctional institutions, for persons under state care in other institutions and for other persons receiving or eligible to receive benefits under Title XIX of the federal Social Security Act, as amended, provided such optical shop is under the direct supervision of an optician licensed under chapter 381, and provided further such eyeglasses are prescribed by an optometrist licensed under chapter 380, and are fitted by such licensed optometrist or by an optician licensed under chapter 381, after considering and determining the extent, if any, to which each industry may compete with private industry and, as far as possible, shall encourage a diversified program. If said optical shop is unable to fill the prescription for such eyeglasses for any reason, within the two-week period from its receipt of such prescription, said shop shall notify the person who prescribed such eyeglasses within ten days after receipt of such prescription.
(c) The commissioner may, by regulation, provide, for any injury suffered by any inmate arising out of and in the course of his employment in such industries, a compensation award not covered under section 4-165b. Such payments shall not exceed the sum of one dollar and fifty cents per week and shall be payable solely from profits from such industries.
(d) The commissioner may appoint, in accordance with chapter 67, a superintendent of institution industries and such assistants and employees as he deems necessary to (1) manage the industries, (2) market and deliver the products and (3) investigate complaints. The compensation of such appointees shall be paid from the industrial fund.
(e) The commissioner shall cause such articles, materials and products as are used by state agencies and political subdivisions to be produced by the labor of prisoners and sold at prices comparable with the lowest market prices for such articles and materials sold or offered for sale outside the institutions.
(f) Any political subdivision of the state or federal government or any private nonprofit entity, including one which receives all or part of its revenues from any political subdivision of the state or federal government, may purchase any articles, materials or products required by it which are produced or manufactured by the institution industries, and any person may purchase products and by-products of farming operations in accordance with section 53-329. The commissioner may promulgate and circulate at sufficiently frequent intervals for distribution to the Commissioner of Administrative Services, the Comptroller and such political subdivisions a catalog showing styles, designs, sizes and varieties of all articles, materials and products manufactured and produced at the institutions and periodical price lists for all such articles.
(g) Each state department, agency, commission or board shall purchase its necessary products and services from the institution industries if such products and services are produced or manufactured and made available by such industries, provided such products and services are of comparable price and quality and in sufficient quantity as may be available for sale or offered for sale outside the institutions. Except for emergency purchases made under section 4-98, the Comptroller shall not approve any purchase order or commitment for the purchase, other than from such industries, of any such supplies, materials or products as are listed in said catalog and available in sufficient quantity from such industries.
(h) The commissioner shall file an annual report of the industrial operations with the Governor and a balance sheet and statement of operations with the Comptroller at such times as he requests. The commissioner shall determine at the end of each fiscal year the amount of cash working capital necessary to be retained in the industrial fund and the excess of the amount so determined shall be transferred to the General Fund.
(i) The Commissioner of Correction may establish retail hobby stores for the purpose of the sale to the public, but not for resale, of articles made by inmates of any of the institutions of the department. The proceeds of such sales, less a charge to defray the cost of the sales as determined by the commissioner, shall be deposited in the inmate's institutional account. Such hobby products shall be subject to approval by the Commissioner of Correction.
(j) Any person who sells or offers for sale on the open market, to any person other than as specified in this section, any articles, materials or products manufactured or produced by institution inmates, shall be fined not less than one hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or be both fined and imprisoned.
(k) The Commissioner of Correction may establish, within the industrial fund, commissaries to be operated for the purpose of sale to inmates of items authorized by the commissioner. The cost of the commissary operation shall be charged to the fund and the proceeds of such sales shall be deposited in the fund. The commissioner is authorized to transfer a portion of the profits from the operation of the commissaries to the Correctional General Welfare Fund established under section 4-57a.
(1949 Rev., S. 3017; 1957, P.A. 657, S. 1−11, 14; 1961, P.A. 45, S. 1; 1963, P.A. 28, S. 3; 1967, P.A. 152, S. 33; 1969; P.A. 470; P.A. 77-614, S. 274, 610; P.A. 78-293, S. 1, 2, 6; P.A. 79-151; P.A. 84-236, S. 2; P.A. 88-1, S. 5, 13; 88-116, S. 10; P.A. 90-74; P.A. 91-406, S. 6, 29; P.A. 98-263, S. 16, 21.)
History: 1961 act deleted provision in Subsec. (a) that members be appointed in odd-numbered years for two-year terms and provided for staggered terms of five years each; 1963 act deleted stipulation in Subsec. (b) that industrial fund be used for State Prison and State Prison farm and substituted Osborn Division for State Prison farm in same subsection; 1967 act substituted "The Correction" for "State Prison" in name of Commission (Subsec. (a)), "institution" for "prison," "State Prison" and "Osborn division" (Subsecs. (b), (d), (f), (g) and (h)), "commissioner of correction" for "directors" (Subsecs. (a), (d), (g) and (i), "commissioner" for "warden of the State Prison" (Subsec. (f)), and "institution inmates" for "prisoners" to conform with new terminology of title 18, further deleted obsolete provision re staggered terms of appointment and substituted provision authorizing governor to appoint member annually for five-year term to replace member whose term expires (Subsec. (a)), added provisions for use of industrial fund for "institutions of the department" (Subsec. (b)), deleted provisions for incentive wages for meritorious service and the grading of inmates according to skill and work habits (Subsec. (d)) and provision that section "shall not apply to State Prison for Women" (Subsec. (d)(1)); Sec. 18-14 transferred to Sec. 18-88 in 1968; 1969 act inserted new Subsec. (j) re retail hobby stores and redesignated former Subsec. (j) as Subsec. (k); P.A. 77-614 deleted Subsec. (a) which had described organization of Correction Industries Advisory Commission, redesignating remaining Subsecs. accordingly, transferred duties of commission to commissioner of correction and replaced commissioner of finance and control with secretary of the office of policy and management, effective January 1, 1979; P.A. 78-293 added provisions re production of eyeglasses in optical shop in Subsecs. (b) and (c); P.A. 79-151 authorized federal government and private nonprofit entities to purchase products in Subsec. (f) and required state agencies to purchase products and services from institution industries as specified in Subsec. (g); P.A. 84-236 amended Subsec. (a) to allow use of funds for agricultural activities; P.A. 88-1 amended Subsec. (h) to eliminate involvement of secretary of the office of policy and management in determination of amount of cash working capital to be retained in fund; P.A. 88-116 substituted "commissioner of administrative services" for "director of purchasing" in Subsec. (f); P.A. 90-74 amended Subsec. (f) by permitting any person to purchase products and by-products of farming operations in accordance with Sec. 53-329; P.A. 91-406 corrected an internal reference in Subsec. (c), substituting Sec. 4-165b for Sec. 18-95; P.A. 98-263 added Subsec. (k) re establishment and operation of commissaries, effective July 1, 1998.
See Sec. 53-329 re deposit of proceeds from sale of prison labor products in industrial fund.
Former statute cited. 130 C. 111.

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Sec. 18-88a. Correction Industries Revolving Fund, charge for fringe benefits prohibited. The Comptroller shall not charge the Correction Industries Revolving Fund for the cost of fringe benefits for employees of said fund paid by the Comptroller.
(P.A. 86-312, S. 18, 21.)

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Sec. 18-89. (Formerly Sec. 18-9). Contracts for labor; public institutions. No contract or agreement shall be made for the labor or services of inmates of any correctional or other state institution in the manufacture of goods or any portion of such manufacture, or for the product of such labor or services, except after public notice, by advertising in at least three daily papers having a circulation in different sections of the state, calling for sealed proposals or bids for such labor, or the product thereof, and such proposal or bid, received in accordance with such notice, as is by its terms most advantageous to the state shall be accepted by the authorities in charge of the disposal of such labor, or the product thereof, and such contract or agreement shall be made in accordance with the terms of such notice and such proposal or bid. No such contract or agreement shall be made for any period exceeding four years. The provisions of this section shall not apply to section 18-88.
(1949 Rev., S. 3004; 1957, P.A. 657, S. 12; 1961, P.A. 517, S. 56; 1967, P.A. 152, S. 31.)
History: 1961 act deleted obsolete references to county institutions; 1967 act substituted "correctional" for "penal"; Sec. 18-9 transferred to Sec. 18-89 in 1968.
See Sec. 18-7 re powers and duties of warden.

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Sec. 18-90. (Formerly Sec. 18-10). Prisoners; employment restricted. Section 18-90 is repealed.
(1949 Rev., S. 3005; P.A. 77-614, S. 323, 610; P.A. 80-14.)

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Sec. 18-90a. Employment of inmates. The Commissioner of Correction may permit any inmate of a correctional facility under his jurisdiction to be employed by any department or agency of the state, any political subdivision of the state or federal government or any private, nonprofit entity which desires to make use of the services of such inmates, provided participation by such inmates shall be voluntary. The employment of any inmate pursuant to this section shall not result in the displacement of employed workers, and shall not impair existing contracts for services. Any inmate employed under this section shall receive the same compensation he would receive if he worked within the correctional institution to which he is confined.
(P.A. 73-277; P.A. 86-421, S. 1.)
History: P.A. 86-421 authorized employment of an inmate by any political subdivision of the state or federal government or any private, nonprofit entity and provided that the employment of an inmate shall not result in the displacement of employed workers or impair existing contracts for services.

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Sec. 18-90b. Pilot program for inmate labor in private industry. (a) The Commissioner of Correction is authorized to establish a pilot program involving the use of inmate labor in private industry.
(b) The commissioner may enter into such contracts as may be necessary to fully implement the pilot program. Such contractual agreements may include rental or lease agreements for state buildings or portions thereof on the grounds of any institution or facility of the Department of Correction and for any real property needed for reasonable access to and egress from any such building for the purpose of establishing and operating a factory for the manufacturing and processing of goods, wares or merchandise or the provision of service or any other business or commercial enterprise deemed by the commissioner to enhance the general welfare of the inmate population.
(c) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.
(d) No inmate participating in the program shall be paid less than the prevailing wage for work of similar nature in private industry.
(e) Inmate participation in the program shall not result in the displacement of employed workers and shall not impair existing contracts for services.
(f) Nothing contained in this section shall be deemed to restore in whole or in part the civil rights of any inmate. No inmate compensated for participation in the program shall be considered an employee of the state.
(g) The provisions of subsection (j) of section 18-88 shall not apply to any articles, materials or products manufactured or produced by institutional inmates pursuant to this section.
(P.A. 86-349; P.A. 88-300, S. 2.)
History: P.A. 88-300 amended Subsec. (f) by deleting "or any person, firm or corporation, and no such compensation shall be considered wages for purposes of chapter 567".
Cited. 225 C. 528, 532.
Subsec. (d):
Cited. 225 C. 528, 533.

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Sec. 18-90c. Investigation of certain inmates re child support orders and arrearages. When any person is committed to the custody of the Commissioner of Correction as a result of a criminal conviction and such person receives compensation under the pilot program established pursuant to section 18-90b, the commissioner shall investigate whether (1) the Superior Court or a family support magistrate has issued an order of support of a minor child or children against such person and (2) such person is delinquent on such support payments.
(P.A. 88-300, S. 4.)

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Sec. 18-91. (Formerly Sec. 18-16). Use of correctional institutions by United States. Removal of inmates to federal institutions. (a) Any institution of the department may be used, for confining any person held under the authority of any United States statute including persons detained as aliens. The Commissioner of Correction may contract with the United States for the use of such institution, for confining any person held under such authority; but the expense of supporting and confining such person shall be paid by the United States. The commissioner may enter into and execute a contract or contracts with the United States for the removal of any inmate from any institution of the department to a federal correctional institution or medical center when, in his opinion, the inmate needs particular treatment or special facilities available at such correctional institution or medical center, or it is in the best interest of the state. When required as part of the contract the Commissioner of Correction or any person authorized by him may personally deliver such inmate to the particular federal authorities involved, and the state may, in the manner provided in section 4-165b, compensate such prisoner for personal injury or damages sustained by him while being removed to a federal institution for which no other compensation is available, unless such injury or damage was sustained in an attempt at escape or as the result of other misconduct of the prisoner.
(b) The authority of the Commissioner of Correction to contract with the United States pursuant to this section includes but is not limited to the authority to agree to indemnify and hold harmless the United States against any loss or damage to persons or property incurred because of the confinement of any prisoner so transferred.
(1949 Rev., S. 3010; 1957, P.A. 179, S. 1; 1967, P.A. 152, S. 34; 1971, P.A. 189; P.A. 73-251; P.A. 90-230, S. 27, 101.)
History: 1967 act substituted "any institution of the department" for "prison" and "State Prison," and "commissioner of correction" for "warden and directors of the prison", deleted references to federal "penitentiary" and substituted federal "correctional institution or medical center"; Sec. 18-16 transferred to Sec. 18-91 in 1968; 1971 act rephrased provision re confinement of persons under U.S. statutes and included confinement of aliens, deleted provision under which prisoners of war could be confined in state facilities, allowed transfer from state to federal facility when "in the best interest of the state" and added provisions re personal delivery to federal authorities and compensation for damages; P.A. 73-251 added Subsec. (b) re hold harmless clause in contracts between state and federal authorities; P.A. 90-230 corrected an internal reference.

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Sec. 18-91a. International transfer or exchange of prisoners. (a) If a treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Commissioner of Correction may, on behalf of the state and subject to the terms of the treaty, consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of the state in the treaty. No offender shall be transferred or exchanged under this section unless he consents to such transfer or exchange.
(b) In the event that a foreign national, incarcerated pursuant to the laws of the state, is barred from transferring pursuant to such a treaty due to the indeterminate nature of his sentence, the Board of Pardons may, after full review of the foreign national's record, set a determined date. This date shall be considered only for purposes of facilitating international transfer of the foreign national and shall not be considered viable or actionable for any other purpose nor shall such date create any expectation or guarantee of release.
(c) The Commissioner of Correction may designate a person to administer the program for the international transfer of prisoners pursuant to this section.
(P.A. 93-85, S. 1, 2.)
History: P.A. 93-85 effective June 2, 1993.
See Sec. 18-26a re deportation of alien inmates.

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Sec. 18-92. Expiration of term on Saturday, Sunday or legal holiday. When the term of any inmate of any institution of the Department of Correction expires on a Saturday, a Sunday or a legal holiday, he shall be discharged on the last business day preceding.
(1967, P.A. 152, S. 38.)

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Sec. 18-93. Rules re clothing, transportation, grants and loans to discharged persons. The Commissioner of Correction may make rules for the furnishing of clothing, transportation, grants or loans to persons discharged from his custody.
(1967, P.A. 152, S. 47.)

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Sec. 18-94. (Formerly Sec. 17-16). Retention of diseased inmates in correctional or charitable institutions. When the medical officer of, or any physician employed in, any correctional or charitable institution reports in writing to the warden, superintendent or other officer in charge of such institution that any inmate thereof committed thereto by any court or supported therein in whole or in part at public expense is afflicted with any venereal disease so that his discharge from such institution would be dangerous to the public health, such inmate shall, with the approval of such warden, superintendent or other officer in charge, be detained in such institution until such medical officer or physician reports in writing to the warden, superintendent or officer in charge of such institution that such inmate may be discharged therefrom without danger to the public health. During detention the person so detained shall be supported in the same manner as before such detention.
(1949 Rev., S. 2850; P.A. 87-282, S. 15.)
History: Sec. 17-16 transferred to Sec. 18-94 in 1968; P.A. 87-282 added reference to the "warden" of an institution.
See Sec. 19a-103 re control of communicable diseases in institutions.

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Sec. 18-95. (Formerly Sec. 17-18). Compensation for injuries of inmates of state correctional and reformatory institutions. Section 18-95 is repealed.
(1949 Rev., S. 2853; 1961, P.A. 580, S. 1; 1971, P.A. 110; P.A. 76-136, S. 3, 4.)
See Sec. 4-165b re claims against the state by inmates of correctional and reformatory institutions.

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Sec. 18-96. (Formerly Sec. 18-22). Proceedings on discharge of mentally ill prisoners. Any mentally ill male prisoner, transferred from the Connecticut Correctional Institution, Somers, any community correctional center or the John R. Manson Youth Institution, Cheshire, to a state mental hospital, who has completed his maximum sentence and is ready for discharge from such hospital shall be referred to the Connecticut Prison Association for return to the place of his legal residence or to whatever place his reinstatement in society may best be accomplished if it cannot be definitely or satisfactorily ascertained where he has a legal residence. A notice of the expiration of such sentence shall be sent to the Prison Association by the warden of the Connecticut Correctional Institution, Somers, Community Correctional Center Administrator or the warden of the John R. Manson Youth Institution, Cheshire, one month prior to the date of such expiration. The superintendent of the mental hospital shall likewise notify the Prison Association one month prior to the date of discharge from such hospital.
(1949 Rev., S. 3016; 1961, P.A. 580, S. 10; 1969, P.A. 297; P.A. 86-186, S. 16; P.A. 87-282, S. 16.)
History: 1961 act provided for notice being sent by jail administrator and for transfer of mentally ill prisoner from any jail; Sec. 18-22 transferred to Sec. 18-96 in 1968; 1969 act replaced jails with community correctional centers; P.A. 86- 186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; P.A. 87-282 substituted "warden" for "superintendent" of the John R. Manson Youth Institution, Cheshire.
See Sec. 17a-520 re commitment at expiration of prison term.
See Secs. 18-81c and 54-131 re the Connecticut Prison Association.
See Sec. 18-87 re transfers to other state institutions and to Children and Families Commissioner.

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Sec. 18-97. Confinement under a mittimus: Presentence confinement credit prior to July 1, 1981. Any person receiving a fine or a sentence to a correctional institution or a community correctional center for an offense committed prior to July 1, 1981, shall receive credit towards any portion of such fine as is not remitted or any portion of such sentence as to which execution is not suspended for any days spent in custody under a mittimus as a result of any court proceeding for the offense or acts for which such fine or sentence is imposed, provided he shall conform to the rules of the institution. Upon notification from the Commissioner of Correction, the clerk of the court shall enter such credit upon the order in the case of a fine, and upon the mittimus in the case of a sentence and it shall be the duty of the agency or person that held such person under such mittimus to inform the clerk of the court of the proper amount of such credit. In the case of a fine each credit day shall be computed at the rate of ten dollars. In no event shall credit be allowed in excess of the fine or sentence actually imposed.
(1967, P.A. 549, S. 15; 1969, P.A. 735, S. 1; P.A. 75-355, S. 2, 3; P.A. 80-442, S. 5, 28.)
History: 1969 act replaced "prison or jail" with "correctional institution or community correctional center", allowed credit for days in custody under mittimus if person conforms to institution rules and required commissioner's notification for entering credit on order; P.A. 75-355 raised equivalency of credit day from three to ten dollars; P.A. 80-442 specified that provisions applicable to offenses committed before July 1, 1981.
Cited. 168 C. 389. Cited. 169 C. 247−250. "Jailtime" credit given only for time served by detainee prior to sentencing. Id., 540−543, 549. In order for inmate to be entitled to presentence credit for time served pursuant to this section, it must appear he was being confined under mittimus which resulted from offense for which sentence was imposed. 173 C. 312, 314, 315. Cited. 184 C. 434−436, 438−441. Cited. 196 C. 309, 316. Cannot be applied with Sec. 18-98 cumulatively to the same sentence. 201 C. 115−121. Cited. 202 C. 343, 346, 347. Cited. 215 C. 695, 699, 700.
Cited. 30 CA 190, 194, 196.
Inapplicable to life sentences. 30 CS 20.

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Sec. 18-98. Confinement where bail unobtainable: Presentence confinement credit prior to July 1, 1981. Any person who has been denied bail or who has been unable to obtain bail and who is subsequently imprisoned for an offense committed prior to July 1, 1981, is entitled to commutation of his sentence by the number of days which he spent in a community correctional center from the time he was denied or was unable to obtain bail to the time he was so imprisoned. The Commissioner of Correction shall, if such person has conformed to the rules of the institution, credit such person with the number of days to which the supervising officer of the correctional center where such person was confined while awaiting trial certifies such person was confined between the denial of bail to him or his inability to obtain bail and his imprisonment.
(1967, P.A. 869; 1969, P.A. 735, S. 2; P.A. 80-442, S. 6, 28.)
History: 1969 act replaced "jail" and "deputy jailer" with community correctional center and its supervising officer and allowed credit be given if person has conformed to institution rules; P.A. 80-442 made provisions applicable for offenses committed before July 1, 1981.
Cited. 168 C. 389. Section applies only to any person "who has been denied bail or who has been unable to obtain bail and who is subsequently imprisoned." 169 C. 247, 252. Cited. Id., 247−252. "Jailtime" credit given only for time served by detainee prior to sentencing. Id., 540, 542, 543, 549. Cited. 173 C. 312, 314, 315. Section does not entitle petitioner to credit on Connecticut sentence for time he was incarcerated in Florida awaiting extradition to Connecticut. 196 C. 309, 310, 312−319, 321, 322, 325−328. Does not apply to time spent in confinement out of state awaiting extradition. Id., 572− 577. Cited. 198 C. 542, 553. Cannot be applied with Sec. 18-97 cumulatively to the same sentence. 201 C. 115−121. Cited. 202 C. 343, 347. Cited. 215 C. 695, 700. Cited. 217 C. 568, 581, 583.
Cited. 24 CA 612, 613, 615, 618. Cited. 30 CA 190, 196.
Cited. 41 CS 229, 238.

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Sec. 18-98a. Deduction of time for periods of employment. Each person committed to the custody of the Commissioner of Correction who is employed within the institution to which he was sentenced, or outside as provided by section 18-100, for a period of seven consecutive days, except for temporary interruption of such period as excused by the commissioner for valid reasons, may have one day deducted from his sentence for such period, in addition to any other earned time, at the discretion of the Commissioner of Correction.
(1969, P.A. 298, S. 1; P.A. 73-42.)
History: P.A. 73-42 allowed one day deduction for seven consecutive days served rather than twenty-six days for one hundred eighty consecutive days served.
The commissioner of correction, provided he does not act illegally, arbitrarily or in abuse of discretion, need not deduct time to be served from prisoner's sentence under statute if prisoner fails to observe rules incident to requisite job assignment. 181 C. 286−291. Cited. 207 C. 412−416, 418. Cited. 209 C. 191, 194. Cited. 216 C. 220−224, 226. Cited. 219 C. 269, 272, 282A, 282B.
Cited. 17 CA 827. Cited. 24 CA 612, 616. Cited. 39 CA 455, 456, 460, 462, 465, 471−473.

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Sec. 18-98b. Outstandingly meritorious performance award. In addition to any commutation or diminution of sentence or any meritorious time service award which may have been granted under section 18-7 or 18-7a any inmate committed to the custody of the Commissioner of Correction for a definite term, or for a term with a minimum sentence imposed, may have not more than one hundred and twenty days deducted from any one continuous term of imprisonment as an outstandingly meritorious performance award in the discretion of the Commissioner of Correction for exceptional personal achievement, accomplishment and other outstandingly meritorious performance, provided any serious act of misconduct or insubordination or refusal to conform to institution regulations occurring at any time during his confinement shall subject the prisoner, at the discretion of the warden and the commissioner, to the loss of all, or any portion, of any time awarded under this section. When any prisoner is held under more than one conviction the several terms of imprisonment imposed thereunder shall be construed as one continuous term for purposes of determining eligibility for any outstandingly meritorious performance award authorized by this section.
(1971, P.A. 162; P.A. 75-36; P.A. 88-244, S. 1; P.A. 91-406, S. 7, 29.)
History: P.A. 75-36 increased percentage of those awarded from maximum of five per cent to maximum of ten per cent; P.A. 88-244 deleted provision re maximum number of inmates who may receive awards; P.A. 91-406 corrected an internal reference, substituting Sec. 18-7a for Sec. 18-53.
Cited. 216 C. 220−224, 226. Cited. 217 C. 568, 576. Cited. 219 C. 269, 272, 282A, 282B.
Cited. 24 CA 612, 616. Cited. 34 CA 503, 507. Cited. 36 CA 440, 443. Cited. 39 CA 455, 456, 460, 462, 465, 471−473.

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Sec. 18-98c. Good conduct credit for presentence confinement prior to July 1, 1981. In addition to the time credits provided for in sections 18-97 and 18-98, any person who has been denied bail or who has been unable to obtain bail and who subsequently is fined or sentenced to a correctional institution or a community correctional center shall receive a good conduct credit towards any portion of such fine as is not remitted or any portion of such sentence as to which execution is not suspended, such credit to be at the rate of ten days for each month of presentence confinement and such credits to be awarded only for prompt obedience to the rules of the correctional institution or community correctional center wherein the person is confined. The provisions of this section allowing credit at the rate of ten days for each month of presentence confinement shall apply to those periods of time spent in presentence confinement pursuant to sections 18-97 and 18-98, which occur after October 1, 1976, for an offense committed prior to July 1, 1981.
(P.A. 75-222; P.A. 76-358, S. 3; P.A. 80-442, S. 7, 28.)
History: P.A. 76-358 changed credit from five to ten days per month of presentence confinement and added provision specifying applicability of ten-day credit rate; P.A. 80-442 stated that credit rate applies to offenses committed before July 1, 1981.
Cited. 196 C. 309, 310.
Cited. 24 CA 612, 613, 615, 618. Cited. 30 CA 190, 194, 195.

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Sec. 18-99. Camp for community correctional center, Connecticut Correctional Institution, Cheshire, and School for Boys inmates. Section 18-99 is repealed.
(1967, P.A. 651, S. 1−3; 1971, P.A. 872, S. 410; P.A. 76-324, S. 1, 2.)

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Sec. 18-99a. Creation and administration of school district within the Department of Correction. Unified School District #1. (a) The Commissioner of Correction may establish a school district within the Department of Correction for the education or assistance of any person confined in any institution of the department. The school district shall be known as State of Connecticut-Unified School District #1.
(b) The Commissioner of Correction shall administer, coordinate and control the operations of the school district and shall be responsible for the overall supervision and direction of all courses and activities of the school district and shall establish such vocational and academic education, research and statistics, training and development services and programs as he considers necessary or advisable in the best interests of the persons benefiting therefrom.
(1969, P.A. 636, S. 1, 2; P.A. 77-614, S. 275, 610; P.A. 83-169, S. 2; P.A. 96-180, S. 54, 166; P.A. 98-263, S. 17, 21.)
History: P.A. 77-614 deleted reference to consultation with council of correction in Subsec. (b), effective January 1, 1979; P.A. 83-169 changed name designation of school district to State of Connecticut-Unified School District #1; P.A. 96-180 made technical change in Subsec. (a), effective June 3, 1996; P.A. 98-263 amended Subsec. (a) to replace reference to persons sentenced or transferred to any institution of the department, including but not limited to any person on parole, with reference to persons confined in any institution of the department, effective July 1, 1998.
See Sec. 10-15d re applicability of education general statutes to special school district.
Cited. 45 CS 57.
Subsec. (a):
Cited. 45 CS 57.

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Sec. 18-99b. Powers of district. Cooperation with federal government. (a) The school district acting by the Commissioner of Correction shall have the power to (1) establish and maintain within the Department of Correction such schools of different grades as the commissioner may from time to time require and deem necessary in the best interests of those persons confined in any institution of the department, (2) establish and maintain within the department such school libraries as may from time to time be required in connection with the educational courses, services and programs authorized by section 18-99a and this section, (3) purchase, receive, hold and convey personal property for school purposes and equip and supply such schools with necessary furniture and other appendages, (4) make agreements and regulations for the establishing and conducting of such schools as are authorized under said sections and employ and dismiss, in accordance with the applicable provisions of section 10-151, such teachers as are necessary to carry out the intent of said sections, and to pay their salaries, (5) receive any federal funds or aid made available to the state for rehabilitative or other programs and shall be eligible for and may receive any other funds or aid whether private, state or otherwise, to be used for the purposes of said sections.
(b) The school district acting by the Commissioner of Correction may, pursuant to agreements, cooperate with the federal government in carrying out the purposes of any federal acts pertaining to vocational rehabilitation, and may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational or other rehabilitation in correctional institutions, and may comply with such conditions as may be necessary to secure the full benefit of all such federal funds available.
(1969, P.A. 636, S. 3, 4; P.A. 77-614, S. 276, 610; P.A. 82-472, S. 57, 183; P.A. 83-169, S. 3; P.A. 98-263, S. 18, 21.)
History: P.A. 77-614 deleted reference to commissioner's consultation with council of correction in Subsec. (a), effective January 1, 1979; P.A. 82-472 amended Subsec. (b) by deleting the requirement that the commissioner of correction consult with the council of correction; P.A. 83-169 made technical changes; P.A. 98-263 amended Subdiv. (1) of Subsec. (a) to replace reference to persons sentenced or transferred to any institution of the department, including but not limited to any person on parole, with reference to persons confined in any institution of the department, effective July 1, 1998.

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Sec. 18-100. Work-release and education-release programs. Transfer to correctional institution, halfway house, group home or mental health facility. (a) The Commissioner of Correction, or such person as said commissioner delegates, may, at his discretion arrange for the continuation of the employment of any person committed to the custody of said commissioner in accordance with the provisions of section 54- 92a, including persons committed for contempt of court, who is self-employed or who has been regularly employed. If such person has not been so employed the commissioner or his delegate or any suitable person or agency designated by the commissioner shall attempt to secure suitable employment for such person or provide for his attendance at an educational institution if his prior education, aptitude and ability indicate he would profit by such instruction.
(b) Before securing employment for any prisoner under the provisions of this section the commissioner shall determine (1) that such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and (2) that the rates of pay and other conditions of employment will not be less than those paid or provided for work of similar nature in the locality in which the work is performed.
(c) Each person accorded the privileges of this section shall be confined in the institution to which he was sentenced during such time as he is not actually at his employment or is not in attendance at an educational institution.
(d) The Commissioner of Correction shall establish such regulations as he deems necessary for the administration of this section and section 18-101 and for the conduct of persons granted the privileges of this section; and he may suspend the privileges of any persons who violate such regulations or whose conduct he believes is unsuitable for the continuation of such privileges.
(e) If the Commissioner of Correction deems that the purposes of this section may thus be more effectively carried out, he may transfer any person from one correctional institution to another or to any public or private nonprofit halfway house, group home or mental health facility with the concurrence of the warden, superintendent or person in charge of the facility to which said person is being transferred. Any inmate so transferred shall remain under the jurisdiction of said commissioner.
(1967, P.A. 773, S. 1−4, 6; P.A. 78-92, S. 1; P.A. 82-383, S. 2; P.A. 87-282, S. 17; P.A. 89-383, S. 1, 16; P.A. 90-261, S. 2, 19.)
History: P.A. 78-92 added provisions in Subsec. (e) re transfers to public or private nonprofit halfway houses, group homes or mental health facilities; P.A. 82-383 amended Subsec. (e) by authorizing the commissioner to transfer an inmate to an approved community residence and providing that personnel of the department of correction will supervise such inmate; P.A. 87-282 amended Subsec. (e) to add reference to "warden" of an institution; P.A. 89-383 amended Subsec. (d) to make technical changes and authorize the commissioner to implement the provisions of Subsec. (f) notwithstanding the absence of regulations and any other provision of the general statutes and added Subsec. (f) to authorize the commissioner to release persons charged with certain class D felonies and misdemeanors to their place of abode and impose conditions on their release, and to prohibit the receipt of good conduct credit or presentence confinement credit for any period that the person is not confined in a correctional institution or community correctional center, effective July 5, 1989, to July 1, 1994 (Revisor's note: The amendments to this section contained in P.A. 89-383 were deleted by the Revisors following their expiration on July 1, 1994); P.A. 90-261 amended Subsec. (e) to eliminate the authority of the commissioner to transfer an inmate to an approved community residence and the provision that personnel of the department of correction will supervise such inmate, effective July 1, 1993.
See Sec. 53a-169 re penalty imposed for felony of escape in the first degree.
Cited. 216 C. 402, 411. Cited. 221 C. 402, 403.
Cited. 26 CA 48, 49. P.A. 89-383 Sec. 1. cited. Id.
Subsec. (d):
Cited. 213 C. 38, 50, 51. Does not authorize prosecution of single failure to report as "escape" under Sec. 53a-169(a)(2). 216 C. 402, 403, 410, 411. Cited. 234 C. 301, 305.
Subsec. (e):
Cited. 185 C. 517, 524. Cited. 213 C. 38, 48. Cited. 216 C. 402, 405, 406. Cited. 234 C. 301−303, 305, 310.
Cited. 35 CA 1, 2; see also 234 C. 301 et seq. Cited. 39 CA 407−409.

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Sec. 18-100a. Petty cash fund for loans for work-release program. Section 18- 100a is repealed.
(1969, P.A. 609, S. 1, 2; P.A. 89-39.)

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Sec. 18-100b. Release of prisoners to an approved community residence. Eligibility. Section 18-100b is repealed.
(P.A. 88-244, S. 3; P.A. 89-383, S. 13, 16; P.A. 90-261, S. 3; P.A. 95-152, S. 3.)

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Sec. 18-100c. Release of prisoners with definite sentences of two years or less to halfway house, group home, mental health facility or other approved community correction program. A person convicted of a crime who is incarcerated on or after July 1, 1993, who received a definite sentence of two years or less, and who has been confined under such sentence for not less than one-half of the sentence imposed by the court, less such time as may have been earned under the provisions of section 18-7, 18-7a, 18-98a, 18-98b or 18-98d, may be released pursuant to subsection (e) of section 18-100 or to any other community correction program approved by the Commissioner of Correction.
(P.A. 90-261, S. 4; P.A. 93-219, S. 1, 14.)
History: P.A. 93-219 expanded release eligibility to include prisoners who received a definite sentence of two years or less, rather than one year or less, and added references to Secs. 18-7a, 18-98a, 18-98b and 18-98d, effective July 1, 1993.
See Sec. 54-125a re release on parole of inmates with sentences of more than two years.

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Sec. 18-100d. Supervision of persons convicted of a crime committed on or after October 1, 1994, required until expiration of sentence. Notwithstanding any other provision of the general statutes, any person convicted of a crime committed on or after October 1, 1994, shall be subject to supervision by personnel of the Department of Correction or the Board of Parole until the expiration of the maximum term or terms for which he was sentenced.
(P.A. 93-219, S. 10, 14.)
History: P.A. 93-219 effective July 1, 1993.

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Sec. 18-100e. Pilot zero-tolerance drug supervision program. (a) Not later than October 1, 1998, the Commissioner of Correction shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to individuals who are eligible for participation in a community release program pursuant to section 18-100c and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the Commissioner of Correction.
(b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, and (3) comply with all rules established by the halfway house if detained in such facility.
(c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant may be detained in a halfway house facility for a period of two days.
(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Department of Correction shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant may be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released from such halfway house and the fee, if paid by the participant, shall be refunded to the participant.
(e) If at any time during participation in the zero-tolerance drug supervision program, the Commissioner of Correction determines that the conduct of the participant is unsuitable for continuation in such program, such participant may be returned to a correctional facility.
(f) Not later than January 1, 2000, the chairman of the Board of Parole, the Commissioner of Correction and the Chief Court Administrator shall submit a report on the pilot zero-tolerance drug supervision program to the joint standing committee of the General Assembly having cognizance of matters relating to criminal justice.
(P.A. 98-145, S. 2, 4; June Sp. Sess. P.A. 98-1, S. 93, 121.)
History: June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (d), effective June 24, 1998.
See Secs. 53a-39d and 54-125f re pilot zero-tolerance drug supervision program established by Chief Court Administrator and chairman of Board of Parole, respectively.

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Sec. 18-101. Disposition of compensation. (a) When any person to whom privileges have been granted under section 18-90b or 18-100 is employed for compensation, the Commissioner of Correction or his designee shall collect such compensation or require such person to deliver to him the full amount thereof when received. The commissioner or such designee shall deposit such funds in trust in an account and shall keep a record showing the status of the account of each person. Compensation received by such person during his term of imprisonment shall not be subject to levy or attachment.
(b) On granting privileges to any person under section 18-90b or 18-100, the commissioner or his designee shall disburse any compensation earned by such person in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of his dependents, if any; (7) his necessary travel expense to and from work and other incidental expenses; and (8) costs of his board as determined by said commissioner and the commissioner shall pay any balance remaining to such person upon his discharge. Each person gainfully self-employed shall pay to the commissioner the costs of his board, as determined by said commissioner, and on default in payment thereof his participation under section 18-100 shall be revoked.
(c) The commissioner or his designee shall notify the Commissioner of Social Services and the welfare department of the town where the dependents of any person employed under the provisions of section 18-100 reside of the amounts of any payments being made to such dependents.
(1967, P.A. 773, S. 5; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-560, S. 5, 39; P.A. 88-300, S. 3; P.A. 90- 230, S. 85, 101; P.A. 93-262, S. 1, 87; 93-310, S. 27, 32.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-560 replaced commissioner of human resources with commissioner of income maintenance; P.A. 88-300 amended Subsection (a) by adding reference to Sec. 18-90b and amended Subsec. (b) re disbursement of compensation by requiring disbursement in accordance with the following priorities: Federal taxes due, restitution or compensation to crime victim, payment of civil judgment, victims compensation, state taxes due, support of dependents, necessary travel expenses and costs of board; P.A. 90-230 added reference to Sec. 18-90b in Subsec. (b); P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A. 93- 310 changed commission on victim services to office of victim services, effective July 1, 1993.

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Sec. 18-101a. Furloughs for prisoners. Crime of escape. The Commissioner of Correction at his discretion may extend the limits of the place of confinement of a prisoner as to whom there is reasonable belief he will honor his trust, by authorizing him under prescribed conditions to visit a specifically designated place or places, within or without the state, for periods not exceeding fifteen days and return to the same or another institution or facility. Such periods may be renewed at the discretion of the commissioner. Such furlough may be granted only to permit a visit to a dying relative, attendance at the funeral of a relative, the obtaining of medical services not otherwise available, the contacting of prospective employers, or for any compelling reason consistent with rehabilitation. Any inmate who fails to return from furlough as provided in the furlough agreement shall be guilty of the crime of escape in the first degree.
(1969, P.A. 272; P.A. 73-639, S. 13; P.A. 74-87.)
History: P.A. 73-639 made failure to return from furlough the crime of escape in the first degree; P.A. 74-87 allowed furloughs "within or without the state" and deleted penalty provision, i.e. the furlough violator is subject to penalty provided in Sec. 53a-169.
Cited. 184 C. 222, 224.
Furlough extends limit of confinement; equating failure to return from furlough with escape is not violation of constitutional rights to equal protection and due process. 36 CS 71, 73.

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Sec. 18-101b. Residential stays at correctional facilities. Continuation in programs beyond discharge date. (a) Any inmate of a correctional facility under the authority of the Department of Correction, involved in a departmental program for drug dependent inmates or in a departmental work or education release program, may request that he be allowed to remain in a correctional facility for up to ninety days beyond his parole release or discharge date.
(b) Any person under the jurisdiction of the Department of Correction, involved in a program operated by a state department other than the Department of Correction, may request that he be allowed to remain in such program for up to ninety days beyond his parole release or discharge date.
(c) Any inmate requesting permission to remain in a correctional facility, as provided in subsection (a) or any person requesting permission to remain in a program, as provided in subsection (b), shall submit such request, in writing, to the Commissioner of Correction not later than one week prior to his scheduled date for parole or discharge.
(d) Any inmate receiving permission to remain in a correctional facility or any person receiving permission to remain in a program operated by a state department other than the Department of Correction beyond his scheduled date for parole or discharge may be charged a reasonable daily fee by the appropriate department while said inmate is housed in a facility of said department.
(1972, P.A. 58; P.A. 73-243.)
History: P.A. 73-243 inserted new Subsec. (b) re continuance in program outside correction department beyond release or discharge date, redesignated former Subsecs. (b) and (c) as (c) and (d) and amended them to include persons permitted to remain in such outside programs.

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Sec. 18-101c. Special alternative incarceration unit. Program activities. Section 18-101c is repealed.
(P.A. 89-390, S. 17, 37; June Sp. Sess. P.A. 91-9, S. 9, 10.)

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Sec. 18-101d. Donald T. Bergin Correctional Institution. The Northeast Correctional Institution, Mansfield, shall be named the Donald T. Bergin Correctional Institution.
(June Sp. Sess. P.A. 00-1, S. 39, 46.)
History: June Sp. Sess. P.A. 00-1 effective July 1, 2000.

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Secs. 18-101e to 18-101g. Reserved for future use.

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PART II
COMMUNITY CORRECTION SERVICES

Sec. 18-101h. Definitions. As used in this part:
(a) "Department" means the Department of Correction.
(b) "Commissioner" means the Commissioner of Correction.
(c) "Community-based service programs" means residential or nonresidential programs provided by private, nonprofit community or locally based organizations, state agencies or units of local government including the public-private resource expansion project, which offer housing, transportation, employment and counseling services to incarcerated, paroled or discharged offenders, victims of crime, persons charged with a crime, persons diverted from the criminal process and families of offenders.
(d) "Residential programs" means those offered in "halfway houses," providing twenty-four hour care, supervision, and supportive services to pretrial, incarcerated, paroled or discharged offenders.
(e) "Nonresidential programs" means those programs providing daytime or episodic community correction services to pretrial, incarcerated, paroled or discharged offenders and their families, or victims of crime and programs involving restitution or community service to pretrial offenders. For the purposes of this subsection, "community service" means the placement of offenders in unpaid positions with nonprofit or tax-supported agencies for the performance of a specified number of hours of work or service within a given period of time, and "restitution" means the restoration by an offender of a victim's losses through either payment of money or provision of services to the victim or, with the concurrence of the victim, to a third party.
(P.A. 80-200, S. 1, 7; P.A. 82-383, S. 4, 7.)
History: P.A. 82-383 amended Subsec. (c) by adding "state agencies" and amended Subsec. (e) by including programs involving restitution or community service in the definition of "nonresidential programs" and defining "community service" and "restitution".

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Sec. 18-101i. Community-based service programs established. (a) To establish and develop noninstitutional, community-based service programs, the commissioner shall award grants or purchase of service contracts in accordance with the plan developed under subsection (b) to private, nonprofit organizations, state agencies or units of local government; provided such grants shall not be subject to the formula funding requirements of section 18-101k. Such grants or contracts shall be the predominant method by which the department develops, implements and operates community correction programs. In addition, the commissioner may administer community-based service programs under the direct control of the department.
(b) To carry out the purposes of subsection (a) the commissioner shall:
(1) Develop and revise annually a comprehensive state community correction plan for the delivery of services in each of the service areas established by section 18-101j. The department shall adopt regulations in accordance with chapter 54 by January 1, 1981, providing for community input into such plan;
(2) Report annually to the Governor and the General Assembly regarding its community correction activities. At a minimum such report shall include the number of clients served, services offered and prevailing concerns of the service areas;
(3) Research and gather relevant statistical data concerning the impact of community correction services and make such data available to the service areas and community correction program providers on a monthly and annual basis;
(4) Establish a mechanism to monitor and evaluate on a regular basis all community correction programs and report their findings in writing to each agency in a timely and regular manner;
(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services or property from the federal government, in accordance with the state community correction plan.
(c) The department shall include in its budget a separate allocation for the provision of community-based service programs as required by this part.
(P.A. 80-200, S. 3, 7; P.A. 82-383, S. 5, 7.)
History: P.A. 82-383 amended Subsec. (a) by adding "state agencies".

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Sec. 18-101j. Community correction service areas established. There shall be five community correction service areas corresponding to the health systems agency regions established pursuant to the National Health Planning and Resources Development Act, Public Law 93-641. These areas shall be used by the department in the data collection concerning community correction programs and the planning, delivery and evaluation of community correction programs and for the purpose of providing funds under purchase of service contracts for community correction programs of the department.
(P.A. 80-200, S. 4, 7.)

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Sec. 18-101k. Funding. (a) In establishing the level of funds in each service area, and funds available for each service contract, the department shall in accordance with chapter 54 adopt regulations by February 1, 1981, providing a formula and procedures for the application, review and award or denial of requests for funds, and providing for the waiver or amendment of such formula as provided in subsection (c).
(b) Such formula shall provide for: (1) Private sector match; (2) client population ratio; (3) nonclient criteria; (4) residential facility criteria; and (5) nonresidential facility criteria.
(c) Such formula may be amended or waived by the department when, after due consideration, it finds that services for such area are not needed or that such area fails to have existing private, nonprofit organizations or units of local government to carry out the purposes of this part.
(P.A. 80-200, S. 5, 7.)

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CHAPTER 325DEPARTMENT OF CORRECTION

PART IGENERAL PROVISIONS

PART IICOMMUNITY CORRECTION SERVICES

CHAPTER 325
DEPARTMENT OF CORRECTION

PART I
GENERAL PROVISIONS

PART II
COMMUNITY CORRECTION SERVICES