Connecticut Seal

Substitute House Bill No. 5211

Public Act No. 04-234

AN ACT CONCERNING PRISON OVERCROWDING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-124a of the general statutes, as amended by section 161 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) There shall be a Board of [Parole] Pardons and Paroles within the Department of Correction, for administrative purposes only. [which] On and after October 1, 2004, the board shall consist of [fifteen] thirteen members [, including a chairman and two vice-chairmen who shall be] appointed by the Governor with the advice and consent of either house of the General Assembly. [The chairman and vice-chairmen shall be qualified by training, experience or education in law, criminal justice, parole matters or other related fields for the consideration of the matters before them and the other members shall be qualified by training and experience for the consideration of matters before them. ] In the appointment of the members, the Governor shall endeavor to reflect the racial diversity of the state. The Governor shall appoint a chairperson from among the membership. The chairperson of the board shall be qualified by education, experience and training in the administration of community corrections, parole or pardons.

(b) The term of each appointed member of the board serving on September 30, 2004, shall expire on said date. The term of [the chairman and the term of each vice-chairman] each member of the board beginning on or after October 1, 2004, shall be coterminous with the term of the Governor or until a successor is chosen, whichever is later. [The terms of all members, except the chairman, shall expire on July 1, 1994, and on or after July 1, 1994, members shall be appointed in accordance with subsection (a) of this section as follows: Six members shall be appointed for a term of two years; and six members shall be appointed for a term of four years. Thereafter, all members shall serve for terms of four years. ] Any vacancy in the membership of the board shall be filled for the unexpired portion of the term by the Governor.

(c) The [chairman] chairperson shall devote full time to the performance of the duties [hereunder] under this section and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40. The other members of said board shall receive one hundred ten dollars for each day spent in the performance of their duties and shall be reimbursed for necessary expenses incurred in the performance of such duties. The [chairman or, in his] chairperson or, in the chairperson's absence or inability to act, a member designated by [him] the chairperson to serve temporarily as [chairman] chairperson, shall be present at all meetings of said board and participate in all decisions thereof.

(d) The [Commissioner of Correction] chairperson shall be the executive and administrative head of said board and shall have the authority and responsibility for (1) [directing and supervising] overseeing all administrative affairs of the board, [(2) preparing the budget and annual operation plan in consultation with the board, (3) assigning staff to parole panels, regions and supervision offices, (4) organizing parole hearing calendars to facilitate the timely and efficient processing of cases, (5) implementing a uniform case filing and processing system, (6) establishing policy] (2) adopting policies in all areas of [parole] pardons and paroles including, but not limited to, granting pardons, commutations of punishments or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death, risk-based structured decision making [,] and release criteria, [and supervision standards, (7) establishing specialized parole units as deemed necessary, (8) entering into contracts, in consultation with the board, with service providers, community programs and consultants for the proper function of parole and community supervision, (9) creating programs for staff and board member development, training and education, (10) establishing, developing and maintaining noninstitutional, community-based service programs, and (11)] (3) consulting with the Department of Correction on shared issues including, but not limited to, prison overcrowding, (4) consulting with the Judicial Department on shared issues of community supervision, and (5) signing and issuing subpoenas to compel the attendance and testimony of witnesses at parole proceedings. Any such subpoena shall be enforceable to the same extent as subpoenas issued pursuant to section 52-143, as amended.

(e) The [chairman] chairperson may serve on both pardons panels and parole release panels and shall have the authority and responsibility for assigning members to such panels. [, each to] The chairperson shall assign seven members exclusively to parole release hearings and shall assign five members exclusively to pardons hearings. Except for the chairperson, no member assigned to parole release hearings may be assigned subsequently to pardons hearings and no member assigned to pardons hearings may be assigned subsequently to parole release hearings. Each parole release panel shall be composed of two members and the [chairman] chairperson or a member designated to serve temporarily as [chairman] chairperson, for each correctional institution. Such parole release panels shall be the paroling authority for the institutions to which they are assigned and not less than two members shall be present at each parole hearing. Each pardons panel shall be composed of three members, one of whom may be the chairperson, except that for hearings on commutations from the penalty of death, one member of the panel shall be the chairperson.

(f) The Board of Pardons and Paroles shall have independent decision-making authority to (1) grant or deny parole in accordance with sections 54-125, 54-125a, as amended by this act, 54-125e, as amended by this act, and 54-125g, (2) establish conditions of parole or special parole supervision in accordance with section 54-126, (3) rescind or revoke parole or special parole in accordance with sections 54-127 and 54-128, as amended by this act, (4) grant commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death in accordance with section 18-26.

(g) The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the Board of Pardons and Paroles during such person's period of parole or special parole.

(h) The chairperson, or the chairperson's designee, and two members of the board shall conduct all parole release hearings and shall approve or deny all parole releases recommended by an employee of the board pursuant to section 54-125b, as amended by this act, and all parole revocations and parole rescissions recommended by an employee of the board pursuant to section 6 of this act.

(i) The chairperson of the board shall appoint an executive director. The executive director shall oversee the administration of the agency and, at the discretion of the chairperson, shall: (1) Direct and supervise all administrative affairs of the board, (2) prepare the budget and annual operation plan, (3) assign staff to administrative reviews, (4) organize pardons and parole release hearing calendars, (5) implement a uniform case filing and processing system, and (6) create programs for staff and board member development, training and education.

(j) The chairperson, in consultation with the executive director, shall adopt regulations, in accordance with chapter 54, concerning:

(1) Parole revocation and rescission hearings that include implementing due process requirements;

(2) An administrative pardons process that allows an applicant convicted of a crime to be granted a pardon with respect to such crime without a hearing, unless a victim of such crime requests such a hearing, if such applicant was:

(A) Convicted of a misdemeanor and (i) such conduct no longer constitutes a crime, (ii) such applicant was under twenty-one years of age at the time of conviction and has not been convicted of a crime during the ten years preceding the date on which the pardon is granted, or (iii) such conviction occurred prior to the effective date of the establishment of a program under sections 17a-692 to 17a-701, inclusive, as amended, section 46b-38c, as amended, 53a-39a, 53a-39c, as amended, 54-56e, as amended, 54-56g, as amended, 54-56i or 54-56j for which the applicant would have been eligible had such program existed at the time of conviction, provided the chairperson determines the applicant would likely have been granted entry into such program; or

(B) Convicted of a violation of section 21a-277, 21a-278 or 21a-279 and such applicant has not been convicted of a crime during the five years preceding the date on which the pardon is granted, provided such date is at least five years after the date of such conviction or such applicant's release from incarceration, whichever is later; and

(3) Requiring board members assigned to pardons hearings to issue written statements containing the reasons for rejecting any application for a pardon.

(k) The Board of Pardons and Paroles shall hold a pardons hearing at least once every three months and shall hold such hearings in various geographical areas of the state. The board shall not hold a pardons hearing within or on the grounds of a correctional facility except when solely for the benefit of applicants who are incarcerated at the time of such hearing.

(l) The chairperson and executive director shall establish:

(1) In consultation with the Department of Correction, a parole orientation program for all parole-eligible inmates upon their transfer to the custody of the Commissioner of Correction that will provide general information on the laws and policies regarding parole release, calculation of time-served standards, general conditions of release, supervision practices, revocation and rescission policies, and procedures for administrative review and panel hearings, and any other information that the board deems relevant for preparing inmates for parole; and

(2) An incremental sanctions system for parole violations including, but not limited to, reincarceration based on the type, severity and frequency of the violation and specific periods of incarceration for certain types of violations.

[(f)] (m) In the event of the temporary inability of any member other than the [chairman] chairperson to perform his or her duties, the Governor, at the request of the board, may appoint a qualified person to serve as a temporary member during such period of inability.

[(g)] (n) The chairperson of the Board of [Parole] Pardons and Paroles shall: (1) Adopt an annual budget and plan of operation, (2) adopt such rules as deemed necessary for the internal affairs of the board, (3) [develop policy for and administer the operation] adopt regulations, in accordance with chapter 54, for the administration of the Interstate Parole Compact, and (4) submit an annual report to the Governor and General Assembly.

Sec. 2. (NEW) (Effective July 1, 2004) (a) The Board of Pardons and Paroles shall be a successor department to the Board of Pardons and the Board of Parole in accordance with the provisions of sections 4-38d and 4-39 of the general statutes.

(b) Wherever the words "Board of Pardons" or "Board of Parole" are used in the general statutes or the public acts of 2003 and 2004, the words "Board of Pardons and Paroles" shall be substituted in lieu thereof.

(c) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.

Sec. 3. Section 54-125a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A person convicted of one or more crimes who is incarcerated on or after October 1, 1990, who received a definite sentence or aggregate sentence of more than two years, and who has been confined under such sentence or sentences for not less than one-half of the aggregate sentence or one-half of the most recent sentence imposed by the court, whichever is greater, may be allowed to go at large on parole in the discretion of the panel of the Board of Parole for the institution in which the person is confined, if (1) it appears from all available information, including any reports from the Commissioner of Correction that the panel may require, that there is reasonable probability that such inmate will live and remain at liberty without violating the law, and (2) such release is not incompatible with the welfare of society. At the discretion of the panel, and under the terms and conditions as may be prescribed by the panel including requiring the parolee to submit personal reports, the parolee shall be allowed to return to the parolee's home or to reside in a residential community center, or to go elsewhere. The parolee shall, while on parole, remain [in the legal custody and control] under the jurisdiction of the board until the expiration of the maximum term or terms for which the parolee was sentenced. Any parolee released on the condition that the parolee reside in a residential community center may be required to contribute to the cost incidental to such residence. Each order of parole shall fix the limits of the parolee's residence, which may be changed in the discretion of [such panel] the board and the Commissioner of Correction. Within three weeks after the commitment of each person sentenced to more than one year, the state's attorney for the judicial district shall send to the Board of Parole the record, if any, of such person.

(b) (1) No person convicted of any of the following offenses, which was committed on or after July 1, 1981, shall be eligible for parole under subsection (a) of this section: Capital felony, as [defined] provided in section 53a-54b, felony murder, as [defined] provided in section 53a-54c, arson murder, as [defined] provided in section 53a-54d, murder, as [defined] provided in section 53a-54a, or [any offense committed with a firearm, as defined in section 53a-3, in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school] aggravated sexual assault in the first degree, as provided in section 53a-70a. (2) A person convicted of an offense, other than an offense specified in subdivision (1) of this subsection, where the underlying facts and circumstances of the offense involve the use, attempted use or threatened use of physical force against another person shall be ineligible for parole under subsection (a) of this section until such person has served not less than eighty-five per cent of the definite sentence imposed.

(c) The Board of Parole shall, not later than July 1, 1996, adopt regulations in accordance with chapter 54 to ensure that a person convicted of an offense described in subdivision (2) of subsection (b) of this section is not released on parole until such person has served eighty-five per cent of the definite sentence imposed by the court. Such regulations shall include guidelines and procedures for classifying a person as a violent offender that are not limited to a consideration of the elements of the offense or offenses for which such person was convicted.

[(d) Not later than January 15, 2002, the Board of Parole shall submit a report to the Secretary of the Office of Policy and Management and, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the Board of Parole, public safety and appropriations and the budgets of state agencies setting forth the number of all persons whose eligibility for parole release is subject to subsection (a) of this section who, as of January 1, 2002, have completed seventy-five per cent of their definite sentence and have not been approved for parole release. Not later than February 15, 2002, and not later than the fifteenth day of each month thereafter, the Board of Parole shall submit a report to the Secretary of the Office of Policy and Management and, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the Board of Parole, public safety and appropriations and the budgets of state agencies setting forth the number of all such persons who have completed seventy-five per cent of their definite sentence in the preceding month and were not approved for parole release. ]

(d) The Board of Parole shall hold a hearing to determine the suitability for parole release of any person whose eligibility for parole release is not subject to the provisions of subsection (b) of this section upon completion by such person of seventy-five per cent of such person's definite or aggregate sentence. An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall reassess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. After hearing, if the board determines that continued confinement is necessary, it shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. The decision of the board under this subsection shall not be subject to appeal.

(e) The Board of Parole shall hold a hearing to determine the suitability for parole release of any person whose eligibility for parole release is subject to the provisions of subdivision (2) of subsection (b) of this section upon completion by such person of eighty-five per cent of such person's definite or aggregate sentence. An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall assess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. After hearing, if the board determines that continued confinement is necessary, it shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. The decision of the board under this subsection shall not be subject to appeal.

(f) Any person released on parole under this section shall remain in the custody of the Commissioner of Correction and be subject to supervision by personnel of the Department of Correction during such person's period of parole.

Sec. 4. Section 54-125b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A person whose eligibility for parole release is not subject to the provisions of subsection (b) of section 54-125a, as amended by this act, may be allowed to go on parole in accordance with section 54-125a, as amended by this act, or 54-125g without a parole hearing being conducted by a panel of the Board of Parole if (1) an employee of the Board of Parole has reviewed the inmate's case and recommended parole be granted to such person, and (2) such recommendation has been approved by at least two members of a panel of the board. A parole hearing shall be conducted by a panel of the Board of Parole if the chairperson of the board deems such a hearing to be necessary or if a victim, as defined in sections 54-201, as amended, and 54-226, requests such a hearing.

[(b) No inmate may be released pursuant to the provisions of subsection (a) of this section if he or she has been convicted of a violation of section 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-59a, 53a-70, 53a-70a, 53a-70b, 53a-92, 53a-92a, 53a-134 or 53a-196a or has more than three years remaining on his or her sentence. ]

[(c)] (b) The chairperson of the Board of Parole shall adopt regulations, in accordance with chapter 54, to establish criteria and procedures for the administrative review and release of inmates without a parole hearing as provided in this section.

Sec. 5. Section 54-125e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person convicted of a crime committed on or after October 1, 1998, who received a definite sentence of more than two years followed by a period of special parole shall, at the expiration of the maximum term or terms of imprisonment imposed by the court, be automatically transferred [from the custody of the Commissioner of Correction] to the jurisdiction of the [chairman] chairperson of the Board of Parole or, if such person has previously been released on parole pursuant to subsection (a) of section 54-125a, as amended by this act, or section 54-131a, remain under the jurisdiction of said [chairman] chairperson until the expiration of the period of special parole imposed by the court. The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the chairperson of the Board of Parole under this section during such person's period of special parole.

(b) Any person sentenced to a period of special parole shall be subject to such rules and conditions as may be established by the Board of Parole or its [chairman] chairperson pursuant to section 54-126.

(c) The period of special parole shall be not less than one year nor more than ten years except that such period may be for more than ten years for a person convicted of a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous felony offender pursuant to subsection (h) of section 53a-40 or as a persistent serious felony offender pursuant to subsection (j) of section 53a-40.

(d) Whenever a parolee has, in the judgment of such parolee's parole officer, violated the conditions of his or her special parole, the board shall cause the parolee to be brought before it without unnecessary delay for a hearing on the violation charges. At such hearing, the parolee shall be informed of the manner in which such parolee is alleged to have violated the conditions of such parolee's special parole and shall be advised by the employee of the board conducting the hearing of such parolee's due process rights.

(e) If such violation is established, the board may: (1) Continue the sentence of special parole; (2) modify or enlarge the conditions of special parole; or (3) revoke the sentence of special parole.

(f) If the board revokes special parole for a parolee, the chairperson may issue a mittimus for the commitment of such parolee to a correctional institution for any period not to exceed the unexpired portion of the period of special parole.

(g) Whenever special parole has been revoked for a parolee, the board may, at any time during the unexpired portion of the period of special parole, allow the parolee to be released again on special parole without court order.

Sec. 6. (NEW) (Effective from passage) All parole revocation and rescission hearings shall be conducted by an employee of the Board of Parole. The parole of a person who has been allowed to go on parole in accordance with subsection (a) of section 54-125a of the general statutes, as amended by this act, or section 54-125g of the general statutes, or who has been sentenced to a period of special parole in accordance with subdivision (9) of subsection (b) of section 53a-28 of the general statutes, shall be revoked or rescinded if, after such hearing, the employee recommends such revocation or rescission and such recommendation is approved by at least two members of a panel of the board.

Sec. 7. Section 54-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No person may be committed to [the Connecticut Correctional Institution, Somers,] a correctional institution or a community correctional center without a mittimus signed by the judge or clerk of the court which committed [him] such person or, with respect to a person sentenced to a period of special parole, signed by the chairperson of the Board of Parole, declaring the cause of commitment and requiring the warden or Community Correctional Center Administrator to receive and keep [him] such person in the [Correctional Institution, Somers,] correctional institution or the community correctional center, as the case may be, for the period fixed by the judgment of said court or said board or until [he] such person is legally discharged; and such mittimus shall be sufficient authority to the officer to commit such person, and to the warden or Community Correctional Center Administrator to receive and hold [him] such person in custody, except that any community correctional center may receive any person as provided in section 7-135 without such mittimus.

Sec. 8. Section 54-128 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any paroled [convict or] inmate who has been returned to the custody of the Commissioner of Correction or any institution of the Department of Correction for violation of [his] such inmate's parole may be retained in [the institution from which he was paroled] a correctional institution for a period equal to the unexpired portion of the term of [his] such inmate's sentence at the date of the request or order for [his] such inmate's return less any commutation or diminution of [his] such inmate's sentence earned, except that the Board of Parole may, in its discretion, determine that [he] such inmate shall forfeit any or all of such earned time, or may be again paroled by said board.

(b) Each parolee or inmate, subject to the provisions of section 18-7, shall be subject to loss of all or any portion of time earned.

(c) Any person who, during the service of a period of special parole imposed in accordance with subdivision (9) of subsection (b) of section 53a-28, has been returned to [the custody of the Commissioner of Correction or] any institution of the Department of Correction for violation of [his] such person's parole, may be retained in [the institution from which he was paroled] a correctional institution for a period equal to the unexpired portion of the period of special parole. The total length of the term of incarceration and term of special parole combined shall not exceed the maximum sentence of incarceration authorized for the offense for which the person was convicted.

Sec. 9. (NEW) (Effective from passage) Notwithstanding the provisions of section 54-125a of the general statutes, as amended by this act, the chairperson of the Board of Parole may transfer to any public or private nonprofit halfway house, group home or mental health facility or to an approved community or private residence any person confined in a correctional institution or facility who has been granted parole release and is within eighteen months of the parole release date established by the board. Any person released from confinement pursuant to this section shall be transferred to the jurisdiction of the chairperson of the Board of Parole. Such person shall remain in the custody of the Commissioner of Correction during the period of such release and employees of the Department of Correction shall be responsible for the supervision of such person while such person is residing at such halfway house, group home, mental health facility or community or private residence. Such person may, at any time, be returned to confinement in a correctional facility.

Sec. 10. (NEW) (Effective from passage) Unless otherwise ordered by the court, whenever an arrested person charged with the commission of no crime other than a class D felony or a misdemeanor, except a violation of section 53a-60a, 53a-60b, 53a-60c, 53a-60d, 53a-72a, 53a-73a or 53a-181c of the general statutes, is committed by the court to the custody of the Commissioner of Correction pursuant to section 54-64a of the general statutes, as amended, the commissioner may release such person to a residence approved by the Department of Correction subject to such conditions as the commissioner may impose including, but not limited to, participation in a substance abuse treatment program and being subject to electronic monitoring or any other monitoring technology or services. Any person released pursuant to this section shall remain in the custody of the commissioner and shall be supervised by employees of the department during the period of such release. Upon the violation by such person of any condition of such release, the commissioner may revoke such release and return such person to confinement in a correctional facility.

Sec. 11. Section 18-86b of the general statutes, as amended by section 156 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 subsection shall be located in a state which has enacted and entered into the Interstate Corrections Compact.

(b) (1) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, during the fiscal years ending June 30, 2004, and June 30, 2005, the Commissioner of Correction is authorized to improve the operation of the state's correctional facilities by entering into contracts in accordance with this subsection with any governmental or private vendor for the supervision of not more than an additional two thousand inmates outside the state.

(2) If the governmental vendor with which the commissioner has a contract under subsection (a) of this section on August 20, 2003, for the supervision of inmates outside this state is willing to accept additional inmates for supervision, the Commissioner of Correction may, notwithstanding the provisions of section 4a-57, enter into a contract with such governmental vendor for the supervision of such number of additional inmates as such governmental vendor is willing to accept. If the commissioner does not enter into such a contract with such governmental vendor or if, after contracting for the supervision of additional inmates by such governmental vendor, the number of inmates authorized to be supervised outside this state under subdivision (1) of this subsection has not been attained, the commissioner may enter into contracts with any governmental or private vendor for the supervision of all or part of the remaining number of inmates authorized to be supervised outside this state under said subdivision (1).

(3) 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 subsection shall be located in a state which has enacted and entered into the Interstate Corrections Compact.

(4) Prior to entering into any contract under this subsection, the commissioner shall submit such proposed contract to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the judiciary for their review and comment.

(c) 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.

Sec. 12. Subdivision (1) of subsection (a) of section 18-50 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) Except as provided in subdivision (2) of this subsection, each person committed to any community correctional center upon conviction of any criminal offense, and held therein only for the payment of a fine, shall be discharged from confinement when the time served by such person at [the rate of fifty dollars a day] a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction amounts to such fine or the balance thereof remaining unpaid. Such person shall earn an additional credit of fifty dollars toward such fine or balance thereof remaining unpaid for each day such person is employed at productive or maintenance work and has established a satisfactory work record. In computing the number of days to be served, credit shall be given for Sundays, holidays and the day of admission. Each person so committed shall be released during the day following that which completes the time to be served when computed in accordance with this subdivision, or immediately upon payment of the fine in full.

Sec. 13. Subdivision (1) of subsection (a) of section 18-98d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) Any person who is confined to a community correctional center or a correctional institution for an offense committed on or after July 1, 1981, under a mittimus or because such person is unable to obtain bail or is denied bail shall, if subsequently imprisoned, earn a reduction of such person's sentence equal to the number of days which such person spent in such facility from the time such person was placed in presentence confinement to the time such person began serving the term of imprisonment imposed; provided (A) each day of presentence confinement shall be counted only once for the purpose of reducing all sentences imposed after such presentence confinement; and (B) the provisions of this section shall only apply to a person for whom the existence of a mittimus, an inability to obtain bail or the denial of bail is the sole reason for such person's presentence confinement, except that if a person is serving a term of imprisonment at the same time such person is in presentence confinement on another charge and the conviction for such imprisonment is reversed on appeal, such person shall be entitled, in any sentence subsequently imposed, to a reduction based on such presentence confinement in accordance with the provisions of this section. In the case of a fine, each day spent in such confinement prior to sentencing shall be credited against the sentence at [the rate of fifty dollars] a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction.

Sec. 14. Section 18-87j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

There is established a Commission on Prison and Jail Overcrowding which shall be within the Office of Policy and Management for administrative purposes only. The 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] the Commissioner of Mental Health and Addiction Services and the chairperson of the Board of Parole, or their designees, the executive director of the Court Support Services Division or other designee of the Chief Court Administrator and the following members, each of whom shall be appointed by the Governor: 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.

Sec. 15. Subsection (b) of section 17b-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) In the case of an inheritance of an estate by a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, subject to subsections (b) and (c) of section 17b-93, fifty per cent of the assets of the estate payable to the beneficiary or the amount of such assets equal to the amount of assistance paid, whichever is less, shall be assignable to the state for payment of the amount due under said section 17b-93. The state shall have a lien against such assets in the applicable amount specified in this subsection. The Court of Probate shall accept any such assignment executed by the beneficiary [and] or any such lien notice if such assignment or lien notice is filed by the Commissioner of Administrative Services with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance therewith. If the Commissioner of Administrative Services receives any assets of an estate pursuant to any such assignment, the commissioner shall be subject to the same duties and liabilities concerning such assigned assets as the beneficiary.

Sec. 16. Section 18-85 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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] inmate 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] such inmate's incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section; 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, as amended by this act.

Sec. 17. Section 18-85a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to actions or proceedings pending or commenced on or after said date):

(a) 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.

(b) The state shall have a claim against each inmate for the costs of such inmate's incarceration under this section, and regulations adopted in accordance with this section, for which the state has not been reimbursed. Any property owned by such inmate may be used to satisfy such claim, except property that is: (1) Exempt pursuant to section 52-352b, as amended, or 52-352d, except as provided in subsection (b) of section 52-321a, as amended by this act; (2) subject to the provisions of section 54-218; (3) acquired by such inmate after the inmate is released from incarceration, but not including property so acquired that is subject to the provisions of section 18-85b or 18-85c, as amended by this act, or section 52-367c, and except as provided in subsection (b) of section 52-321a, as amended by this act; or (4) acquired by such inmate for work performed during incarceration as part of a program designated or defined in regulations adopted by the Commissioner of Correction, in accordance with the provisions of chapter 54, as a job training, skill development or career opportunity or enhancement program. In addition to other remedies available at law, the Attorney General, on request of the Commissioner of Correction, may bring an action in the superior court for the judicial district of Hartford to enforce such claim, provided no such action shall be brought but within two years from the date the inmate is released from incarceration or, if the inmate dies while in the custody of the commissioner, within two years from the date of the inmate's death, except that such limitation period shall not apply if such property was fraudulently concealed from the state.

Sec. 18. Section 18-85b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) In the case of causes of action of any person obligated to pay the costs of such person's incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section brought by such person within twenty years from the date such person is released from incarceration, the claim of the state shall be a lien against the proceeds therefrom in the amount of the costs of incarceration or fifty per cent of the proceeds received by such person after payment of all expenses connected with the cause of action, whichever is less, for repayment under said section, and shall have priority over all other claims, including any lien of the state for repayment of public assistance, except (1) attorney's fees for [said causes] the cause of action, (2) expenses of suit, (3) costs of hospitalization connected with the cause of action by whomever paid over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits, (4) child support obligations pursuant to subsection (d) of section 17b-93, (5) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction, and (6) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction; and such claim shall consist of the total amount of the costs of incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section. The proceeds of such causes of action shall be assignable to the state for payment of the amount due under section 18-85a, as amended by this act, and regulations adopted in accordance with said section, irrespective of any other provision of law. The state's lien shall constitute an irrevocable direction to the attorney for [the inmate] such person to pay the Commissioner of Correction or the commissioner's designee in accordance with its terms, except if, after written notice from the attorney for [the inmate] such person informing the commissioner or the commissioner's designee of the settlement of the cause of action or judgment thereon and requesting the amount of the lien to be paid to the commissioner or the commissioner's designee, the commissioner or the commissioner's designee does not inform such attorney of the amount of the state's lien within forty-five days of receipt of the written request of such attorney for such information, such attorney may distribute such proceeds to such [inmate] person and shall not be liable for any loss the state may sustain thereby.

(b) In the case of an inheritance of an estate by any person who is obligated to pay the costs of such person's incarceration [in accordance with] under section 18-85a, as amended by this act, and [the] regulations adopted [under] in accordance with said section that is received by such person within twenty years from the date such person is released from incarceration, the claim of the state shall be a lien against such inheritance in the amount of the costs of incarceration or fifty per cent of the assets of the estate payable to [the inmate] such person, whichever is less. The Court of Probate shall accept any such lien notice filed by the commissioner or the commissioner's designee with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance therewith.

Sec. 19. Section 18-85c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Upon the death of any person obligated to pay the costs of such person's incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section that occurs within twenty years from the date such person is released from incarceration, the state shall have a claim against such person's estate for all costs of incarceration under the provisions of said section and such regulations for which the state has not been reimbursed, to the extent that the amount which the surviving spouse, parent or dependent children of the decedent would otherwise take from such estate is not needed for their support. Such claim shall have priority over all other unsecured claims against such estate, including any lien of the state for repayment of public assistance, except (1) expenses of last sickness not to exceed three hundred seventy-five dollars, (2) funeral and burial expenses in accordance with that allowed under section 17b-84 upon the death of a beneficiary of aid, (3) child support obligations pursuant to subsection (d) of section 17b-93, (4) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction, (5) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction, and (6) administrative expenses, including probate fees and taxes, and including fiduciary fees not exceeding the following commissions on the value of the whole estates accounted for by such fiduciaries: On the first two thousand dollars or portion thereof, five per cent; on the next eight thousand dollars or portion thereof, four per cent; on the excess over ten thousand dollars, three per cent. Upon petition by any fiduciary, the Court of Probate, after a hearing thereon, may authorize compensation in excess of the above schedule for extraordinary services. Notice of any such petition and hearing shall be given to the Commissioner of Correction at least ten days in advance of such hearing. The allowable funeral and burial payment authorized by this section shall be reduced by the amount of any prepaid funeral arrangement. Any amount paid from the estate under this section to any person that exceeds the limits provided in this section shall be repaid to the estate by such person, and such amount may be recovered in a civil action with interest at the legal rate from the date of demand.

Sec. 20. Subsection (b) of section 18-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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] such person's incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section, 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] such person's incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section, and on default in payment thereof his participation under section 18-100 shall be revoked.

Sec. 21. Subsection (b) of section 52-321a of the general statutes, as amended by section 119 of public act 03-19, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Nothing in this section shall impair the rights of an alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. Nothing in this section or in subsection (m) of section 52-352b shall impair the rights of the state to proceed under section 52-361a, as amended, to recover the costs of incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with section 18-85a, as amended by this act, from any federal, state or municipal pension, annuity or insurance contract or similar arrangement described in subdivision (5) of subsection (a) of this section, provided the rights of an alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, shall take precedence over any such recovery. Nothing in this section or in subsection (m) of section 52-352b shall impair the rights of a victim of crime to proceed under section 52-361a, as amended, to recover damages awarded by a court of competent jurisdiction from any federal, state or municipal pension, annuity or insurance contract or similar arrangement described in subdivision (5) of subsection (a) of this section when such damages are the result of a crime committed by a participant or beneficiary of such pension, annuity or insurance contract or similar arrangement, [; ] provided the rights of an alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, shall take precedence over any such recovery.

Sec. 22. (Effective from passage) The Legislative Program Review and Investigations Commission shall conduct a study to: (1) Determine the impact, if any, of laws requiring the imposition of a mandatory minimum sentence on the demand for prison beds in this state, (2) evaluate the actual versus the intended impact of mandatory minimum sentences on the overall sentencing policy of the state, and (3) estimate the cost of mandatory minimum sentences and proposed sentencing changes. The committee shall submit its findings and recommendations to the joint standing committee on the judiciary not later than January 1, 2006.

Sec. 23. Section 17a-696 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The provisions of this section shall not apply to any person charged with a violation of section 14-227a, as amended, or 53a-60d or with a class A, B or C felony or to any person who was twice previously ordered treated under this section, subsection (i) of section 17-155y, section 19a-386 or section 21a-284 of the general statutes revised to 1989, or any combination thereof. The court may waive the ineligibility provisions of this subsection for any person.

(b) The court may order suspension of prosecution and order treatment for alcohol or drug dependency as provided in this section and sections 17a-697 and 17a-698 if it, after considering information before it concerning the alcohol or drug dependency of the person, including the examination report made pursuant to the provisions of section 17a-694, finds that (1) the accused person was an alcohol-dependent or drug-dependent person at the time of the crime, (2) the person presently needs and is likely to benefit from treatment for the dependency, and (3) suspension of prosecution will advance the interests of justice. Treatment may begin no earlier than the date the clinical examiner reports under the provisions of section 17a-694 that space is available in a treatment program.

(c) A suspension of prosecution ordered under the provisions of subsection (b) of this section may be for a period not exceeding two years. During the period of suspension, an accused person shall be placed in the custody of the Court Support Services Division for treatment for alcohol or drug dependency. The court or the Court Support Services Division may require that the person (1) comply with any of the conditions specified in subsections (a) and (b) of section 53a-30, as amended, and (2) be tested for use of alcohol or drugs during the period of suspension. The accused person shall, unless indigent, pay the cost of treatment ordered under this section.

(d) If prosecution is suspended under the provisions of subsection (b) of this section, (1) the statute of limitations applicable to the crime charged shall be tolled during the period of suspension, and (2) the accused person shall be deemed to have waived [his] such accused person's right to a speedy trial for the crime charged.

(e) The court shall not suspend prosecution under subsection (b) of this section unless (1) the accused person has acknowledged that he or she understands the consequences of the suspension of prosecution, (2) the accused person has given notice, by registered or certified mail on a form prescribed by the Chief Court Administrator, to the victim, if any, of the crime of which the person is accused and of the pending motion for suspension of prosecution, (3) such victim, if [he exists] any, has been given an opportunity to be heard on the motion for suspension of prosecution, and (4) the accused person, unless [he] such accused person is indigent, has paid to the clerk of the court an administration fee of twenty-five dollars.

(f) If the prosecution is suspended, the person shall be released on a written promise to appear or on a bond and any other bond posted in any criminal proceeding concerning such person shall be terminated.

(g) If the court denies the motion for suspension of prosecution, the state's attorney may proceed with prosecution of the crime.

(h) A person shall be deemed to be indigent for the purposes of this section if the court determines the person has an estate insufficient to provide for [his] the person's support or there is no other person legally liable or able to support [him] the person.

Sec. 24. (NEW) (Effective from passage) Any child who is arrested and held in a detention center, an alternative detention center or a police station or courthouse lockup prior to the disposition of a juvenile matter shall, if subsequently convicted as delinquent by the Superior Court and sentenced to a period of probation, earn a reduction of such child's period of probation, including any extensions thereof, equal to the number of days that such child spent in such detention center or lockup.

Sec. 25. (Effective from passage) The Legislative Program Review and Investigations Committee and the Office of Fiscal Analysis shall review the implementation of this act and measure the effects thereof including, but not limited to, the effect on prison population, the cost savings generated and the extent to which such savings are reinvested in improving community safety and ensuring the successful transition of ex-offenders to the community. Not later than January 1, 2006, and January 1, 2008, the committee shall report its findings to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the judiciary.

Sec. 26. (Effective from passage) (a) Not later than October 15, 2004, the Judicial Branch shall submit to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the judiciary, a plan to reduce by at least twenty per cent the number of incarcerations resulting from technical violations of conditions of probation, which shall include an estimate of the cost of implementation. In the event that funding is provided to the Judicial Branch for this purpose, the Judicial Branch shall implement the plan and shall, not later than August 15, 2005, report to said committees the results of the implementation of the plan.

(b) Not later than October 15, 2004, the Board of Parole and the Department of Correction shall submit to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the judiciary, a plan to reduce by at least twenty per cent the number of incarcerations resulting from technical violations of conditions of parole, which shall include an estimate of the cost of implementation. In the event that funding is provided to the Board of Parole or Department of Correction for this purpose, the Board of Parole and the Department of Correction shall implement the plan and shall, not later than August 15, 2005, report to said committees the results of the implementation of the plan.

Sec. 27. (Effective from passage) To implement the provisions of section 54 of public act 03-1 of the June 30 special session, the Department of Correction shall, not later than October 1, 2004, issue a request for proposals for a Community Justice Center. Such request for proposals shall require such facility to have a capacity of not less than five hundred beds, be located in the city of Hartford and be operated by a not-for-profit corporation that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and has experience in operating such a facility. Each corporation submitting a proposal in response to such request for proposals must have a site acceptable for use as a Community Justice Center as of the due date for the submission of such proposal.

Sec. 28. (NEW) (Effective from passage) (a) The Board of Parole may grant a compassionate parole release to any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony, as defined in section 53a-54b of the general statutes, if it finds that such inmate (1) is so physically or mentally debilitated, incapacitated or infirm as a result of advanced age or as a result of a condition, disease or syndrome that is not terminal as to be physically incapable of presenting a danger to society, and (2) (A) has served not less than one-half of such inmate's definite or aggregate sentence, or (B) has served not less than one-half of such inmate's remaining definite or aggregate sentence after commutation of the original sentence by the Board of Pardons.

(b) Any person granted a compassionate parole release pursuant to this section shall be released subject to such terms and conditions as may be established by the Board of Parole and shall be supervised by the Department of Correction.

Sec. 29. (NEW) (Effective from passage) (a) The Departments of Correction, Mental Health and Addiction Services and Social Services and the Labor Department, the Board of Parole and the Judicial Branch shall collaborate to develop and implement a comprehensive reentry strategy that provides a continuum of custody, care and control for offenders who are discharged from the custody of the Department of Correction and assists in maintaining the prison population at or under the authorized bed capacity. The reentry strategy shall support the rights of victims, protect the public and promote the successful transition of offenders from incarceration to the community.

(b) The success of the reentry strategy shall be measured by: (1) The rates of recidivism and community revictimization, (2) the number of inmates eligible for release on parole, transitional supervision, probation or any other release program, (3) the number of inmates who make the transition from incarceration to the community in compliance with a discharge plan, (4) prison bed capacity ratios, (5) the adequacy of the network of community-based treatment, vocational, educational, supervision and other services and programs, and (6) the reinvestment of any savings achieved through a reduction in prison population into reentry and community-based services and programs.

(c) Not later than January 1, 2005, and annually thereafter, the Department of Correction shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, on the success of the reentry strategy based on the measures set forth in subsection (b) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to corrections, public safety and appropriations and the budgets of state agencies.

Sec. 30. Subsection (e) of section 18-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) If the Commissioner of Correction deems that the purposes of this section may thus be more effectively carried out, [he] the commissioner 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] or, after satisfactory participation in a residential program, to any approved community or private residence. Any inmate so transferred shall remain under the jurisdiction of said commissioner.

Sec. 31. Section 18-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Correction at [his] the commissioner's discretion may extend the limits of the place of confinement of [a prisoner] an inmate as to whom there is reasonable belief he or she will honor his or her trust, by authorizing [him] the inmate under prescribed conditions to visit a specifically designated place or places, within or without the state, for periods not exceeding [fifteen] thirty 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.

Sec. 32. Section 54-124c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes, [on and after July 1, 1994, the Board of Parole] the Department of Correction shall be responsible for the supervision of all persons released from confinement in a correctional institution or facility into the community, [except persons released pursuant to section 18-100c,] until their sentence to the custody of the Commissioner of Correction is completed.

Sec. 33. Section 18-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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] The commissioner shall establish rules for the administrative practices and custodial and rehabilitative methods of said institutions and facilities in accordance with recognized correctional standards. [He] The commissioner shall establish, develop and maintain noninstitutional, community-based service programs. [He] The commissioner shall be responsible for the supervision of persons released on parole by the Board of Parole and shall act as administrator of the Interstate Compact for Adult Offender Supervision. The commissioner 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] The commissioner 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] The commissioner 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.

Sec. 34. Section 18-87k of the general statutes, as amended by section 159 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) 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 commission shall take into account the report of the findings and recommendations of the Alternatives to Incarceration Advisory Committee established under section 158 of [this act] public act 03-6 of the June 30 special session in the development of the 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.

(b) The commission shall establish a subcommittee on corrections behavioral health composed of the Commissioner of Correction, the Commissioner of Mental Health and Addiction Services and a representative of The University of Connecticut Health Center having responsibility for the administration of the contract with the Department of Correction concerning the provision of health care services to inmates of the department. The subcommittee shall make recommendations to the commission concerning the provision of behavioral health services to inmates of the Department of Correction.

Sec. 35. (Effective July 1, 2004) Sections 18-24a, as amended, 18-27, 18-28 and 18-29 of the general statutes are repealed.

Sec. 36. (Effective from passage) Section 21a-283a of the general statutes is repealed.

Approved on June 8, 2004