You asked how many pardons the Board of Pardons has granted during the past 20 years and how many sentenced inmates the Department of Correction (DOC) has released from its custody during that same period. You also asked how the board's size and budget has changed over the years.

SUMMARY

Since 1983, the Board of Pardons has granted 76 pardons to inmate applicants and 1,818 pardons to non-inmate applicants. A non-inmate is someone who has served his sentence and is no longer in DOC custody. Table One shows the number of applications and pardons for each fiscal year from1983-84 through 2002-03. It also shows the percentage of applications the board granted for each year for inmate and non-inmate applicants. The figures for fiscal years 1992-93, 1994-95, 1996-97, 1998-99, 2001-01, 2002-03 are estimates taken from the governor's budget program measures (part of governor's annual budget recommendations) because we could not obtain information from the board.

Table Two shows this same information in graph form. The graph shows that the percentage of pardons the board grants is far less for inmates than for non-inmates. Since FY 1995-1996, the board has not granted any pardons to inmates. The rate for granting pardons to non-inmates dropped from a high of 62% in FY 1990-91 to its current level of around 30%.

The board's budget grew from $ 19,688 in FY 1990 to $ 34,241 in FY 2003, an increase of 74percent. Table Two shows the board's budget for each year from 1990 to 2003. During that period the staff has consisted of the secretary, Attorney Burton Yaffee.

Andrew Shook of DOC advised us that DOC would only be able to provide figures on sentenced inmates released each year from 1995 through 2001. Shook indicated that before 1995, DOC's computer could not provide this information. Between 1995 and 2001, DOC released 63,267 sentenced inmates. Of these, 20,733 served sentences of greater than one year (felony), and 42,534 served sentences of less than one year (misdemeanor). Table Three shows the number of inmates DOC released each year from 1995 to 2001.

Table One: Number of Applications and Pardons Granted From FY 1983/84 Through FY 2002/03

Figure One: Percentage of Pardon Applications Granted from FY 1983/84 FY 2002/03

Source: Office of Fiscal Analysis

NOTE: 1992-93, 1994-95, 1996-97, 1998-99, 2000-01, 2001-02, 2002-03 are estimated figures.

Table Two: Board of Pardon's Budget for Each Fiscal Year From 1990 to 2002.

Source: Office of Fiscal Analysis

Table Three: Inmates Released from DOC 1995-2001

Source: DOC Research Office

BOARD OF PARDONS

The Board of Pardons has the exclusive authority to grant pardons for any crime (CGS § 18-24 through § 18-30). The board, an autonomous body within the Department of Correction for administrative purposes, is composed of five members, appointed by the governor with the advice and consent of either the House or the Senate. The board must have one member "skilled in one of the social sciences," one physician, and three attorneys. No more than three can be from the same political party. The board elects its chairman biennially.

Basis for Board's Decisions

The statutes vest in the Board of Pardons broad discretion in making its pardon and commutation decisions. To obtain a pardon, the person seeking it must submit a petition setting forth the crime he was convicted of, the sentence imposed and time served, and why he should be pardoned. Additionally, the petitioner must submit a sworn statement setting forth in his own words how the crime occurred, what he has been doing from the time of the crime to the present, and why he wishes to obtain a pardon.

A decision requires a four-fifths vote to be effective. There are no statutory criteria for granting or denying a pardon. The board is authorized to grant pardons, absolute or conditional, for any offense at any time after a person is sentenced. Each case is looked at individually.

The U. S. Supreme Court has ruled that the Connecticut Board of Pardons did not violate a prisoner's due process rights when it failed to give him reasons for not commuting his sentence (Connecticut Board of Pardons v. Dumschat, 452 U. S. 455 (1981)). The Court held that a decision on whether to commute a long-term sentence generally depends not simply on objective fact-findings, but also on purely subjective evaluations and on predictions of future behavior by those entrusted with the decision. It noted that the statutes governing the board impose no limit on the procedure to be followed, the evidence to be considered, or the criteria to be applied. According to the Court, a state cannot be required to explain its reasons for a decision when it is not required to act on prescribed grounds.

Victim Testimony

The board must allow crime victims to testify at a session where the board will consider granting a pardon, reducing a prisoner's sentence, or releasing him. The victim of an offender's crime may make statements regarding release, sentence reduction, or pardon. The statements may be presented orally or in writing and must be made a part of the record.

Eligibility Rules

The board has adopted rules regarding the eligibility of people to seek pardons and sentence reductions. However, they are not formal regulations and have not gone through the regulations review process. Under these rules, if a sentence is for eight years or more, a prisoner must serve at least four years before he can apply. In sentences of less than eight years, the prisoner must serve at least one half of the term, but in no event can the actual time served be less than 18 months. The board does not count presentence incarceration time.

Someone who is not in prison cannot apply for a pardon until five years after completing his sentence, including a suspended sentence with a term of probation. In extraordinary cases, the board will hear a petition if it is recommended by the chairman and two members of the board.

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