CHAPTER 325
DEPARTMENT OF CORRECTION

Table of Contents

Sec. 18-78. Composition of department.
Sec. 18-78a. Applicability of Uniform Administrative Procedure Act to department. Exceptions.
Sec. 18-79. Council of Correction.
Sec. 18-80. Commissioner.
Sec. 18-81. Duties of commissioner.
Sec. 18-81a. Habeas corpus for person in custody of commissioner.
Sec. 18-81b. Informational and educational experiences for the public.
Sec. 18-81c. Connecticut Prison Association: Office space and telephone service.
Sec. 18-81d. Medical and dental treatment of inmates under age of eighteen.
Sec. 18-81e. Notification of victim of release of inmate from correctional facility.
Sec. 18-81f. Notification of municipal official concerning status of temporary detention facility.
Sec. 18-81g. (Formerly Sec. 17a-645). Community-based treatment facility for female offenders.
Sec. 18-81h. Public safety committees established in municipalities with correctional facilities. Report.
Sec. 18-81i. Storage of weapons.
Sec. 18-81j. Annual notification of municipal official in municipalities with correctional facilities concerning capacity and inmate population in facility.
Sec. 18-81k. Maintenance of good relations between department and communities surrounding correctional facilities.
Sec. 18-81l. Criminal history records checks of correctional personnel.
Sec. 18-81m. Notification re standing criminal restraining order upon release.
Sec. 18-81n. Notification of municipal official concerning agreement for medical care of inmates.
Sec. 18-81o. Notification of municipal official and public safety committee concerning agreement for placement of persons in correctional facility.
Sec. 18-81p. Review of substance abuse detoxification and treatment programs. Reintegration of drug-dependent inmates into community.
Sec. 18-81q. Return of unused prescription drugs dispensed in correctional facilities to vendor pharmacies. Requirements. Regulations.
Sec. 18-81r. Ombudsman services.
Sec. 18-81s. Pilot program for debit account telephone system.
Sec. 18-81t. Report of commissioner re inmate disciplinary reports, inmate assaults and custodial staff workers' compensation claims.
Sec. 18-81u. Use of computer with Internet access by certain inmates prohibited.
Sec. 18-81v. Procedures for conducting metal detector searches of visitors.
Sec. 18-81w. Development and implementation of reentry strategy.
Sec. 18-82. Appointment, removal and qualifications of administrators of correctional institutions.
Sec. 18-83. Acceptance of bequests, devises and gifts.
Sec. 18-84. "Inmate" and "prisoner" defined.
Sec. 18-85. Compensation of inmates. Disbursement priorities.
Sec. 18-85a. Assessment of inmates for costs of incarceration. State's claim against inmate's property for repayment of costs of incarceration. Exempt property. Regulations.
Sec. 18-85b. State's claim against proceeds of person's cause of action or person's inheritance for repayment of costs of incarceration.
Sec. 18-85c. State's claim against person's estate for repayment of costs of incarceration.
Sec. 18-86. Transfers between institutions of department.
Sec. 18-86a. Contracts with other states for confinement of Connecticut inmates.
Sec. 18-86b. Contracts with governmental and private vendors for supervision of state inmates outside the state.
Sec. 18-86c. Contracts re release of inmates.
Sec. 18-87. Transfers to other state institutions and to the Commissioner of Children and Families.
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.
Secs. 18-87e and 18-87f. Prison overcrowding emergency: Definitions; construction program, release of prisoners.
Secs. 18-87g and 18-87h.
Sec. 18-87i. Emergency correctional facility projects and large increases in correctional facility inmate populations: Notices, negotiated agreements between state and municipalities, arbitration.
Sec. 18-87j. Commission on Prison and Jail Overcrowding established. Composition of commission. Chairperson.
Sec. 18-87k. Powers and duties of commission.
Sec. 18-87l. New Haven Armory not to be used to house prisoners or other detainees.
Sec. 18-87m. Alternatives to Incarceration Advisory Committee: Membership, duties, report. Commissioner to implement alternatives to incarceration initiatives to reduce prison population.
Sec. 18-88. (Formerly Sec. 18-14). Industrial activities. State agencies required to purchase necessary products from institution industries. Retail hobby stores.
Sec. 18-88a. Correction Industries Revolving Fund, charge for fringe benefits prohibited.
Sec. 18-89. (Formerly Sec. 18-9). Contracts for labor; public institutions.
Sec. 18-90. (Formerly Sec. 18-10). Prisoners; employment restricted.
Sec. 18-90a. Employment of inmates.
Sec. 18-90b. Pilot program for inmate labor in private industry.
Sec. 18-90c. Investigation of certain inmates re child support orders and arrearages.
Sec. 18-91. (Formerly Sec. 18-16). Use of correctional institutions by United States. Removal of inmates to federal institutions.
Sec. 18-91a. International transfer or exchange of prisoners.
Sec. 18-92. Expiration of term on Saturday, Sunday or legal holiday.
Sec. 18-93. Rules re clothing, transportation, grants and loans to discharged persons.
Sec. 18-94. (Formerly Sec. 17-16). Retention of diseased inmates in correctional or charitable institutions.
Sec. 18-95. (Formerly Sec. 17-18). Compensation for injuries of inmates of state correctional and reformatory institutions.
Sec. 18-96. (Formerly Sec. 18-22). Proceedings on discharge of mentally ill prisoners.
Sec. 18-97. Confinement under a mittimus: Presentence confinement credit prior to July 1, 1981.
Sec. 18-98. Confinement where bail unobtainable: Presentence confinement credit prior to July 1, 1981.
Sec. 18-98a. Deduction of time for periods of employment.
Sec. 18-98b. Outstandingly meritorious performance award.
Sec. 18-98c. Good conduct credit for presentence confinement prior to July 1, 1981.
Sec. 18-98d. Credit for presentence confinement.
Sec. 18-99. Camp for community correctional center, Connecticut Correctional Institution, Cheshire, and School for Boys inmates.
Sec. 18-99a. Creation and administration of school district within the Department of Correction. Unified School District #1.
Sec. 18-99b. Powers of district. Cooperation with federal government.
Sec. 18-100. Work-release and education-release programs. Transfer to correctional institution, halfway house, group home, mental health facility or community or private residence.
Sec. 18-100a. Petty cash fund for loans for work-release program.
Sec. 18-100b. Release of prisoners to an approved community residence. Eligibility.
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.
Sec. 18-100d. Supervision of persons convicted of a crime committed on or after October 1, 1994, required until expiration of sentence.
Sec. 18-100e. Pilot zero-tolerance drug supervision program.
Sec. 18-100f. Release of certain arrested persons being held pretrial.
Sec. 18-101. Disposition of compensation.
Sec. 18-101a. Furloughs.
Sec. 18-101b. Residential stays at correctional facilities. Continuation in programs beyond discharge date.
Sec. 18-101c. Special alternative incarceration unit. Program activities.
Sec. 18-101d. Donald T. Bergin Correctional Institution.
Secs. 18-101e to 18-101g.
Sec. 18-101h. Definitions.
Sec. 18-101i. Community-based service programs established.
Sec. 18-101j. Community correction service areas established.
Sec. 18-101k. Funding.

PART I
GENERAL PROVISIONS

      Sec. 18-78. Composition of department. There is established a state Department of Correction which shall consist of all correctional institutions under its jurisdiction, the regional community services facilities and the community correctional centers.

      (1967, P.A. 152, S. 1; 1969, P.A. 297; P.A. 77-614, S. 269, 587, 610; P.A. 78-303, S. 85, 136; P.A. 86-186, S. 15; P.A. 87-282, S. 12; P.A. 92-108; May Sp. Sess. P.A. 92-11, S. 59, 70; May 25 Sp. Sess. P.A. 94-1, S. 113, 130; P.A. 01-20, S. 2; P.A. 03-106, S. 1.)

      History: 1969 act replaced jails with community correctional centers; P.A. 77-614 and P.A. 78-303 deleted reference to department as "single budgeted agency", removed council of correction as part of department and included Connecticut Correctional Institution, Enfield in department, effective January 1, 1979; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Enfield to the Connecticut Correctional Institution, Enfield-Medium, added the Connecticut Correctional Institution, Enfield-Minimum and the Connecticut Correctional Center, Cheshire and changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; P.A. 87-282 changed the name of the Connecticut Correctional Institution, Enfield-Minimum to the Carl Robinson Correctional Institution, Enfield; P.A. 92-108 added the Daniel Webster Correctional Institution, Cheshire, the William Willard Correctional Institution, Enfield, the Hartell DWI Correctional Institution, Windsor Locks, the J. Bernard Gates Correctional Institution, Niantic, the Western Substance Abuse Treatment Correctional Institution, Newtown, and the regional community services facilities, as part of the department; May Sp. Sess. P.A. 92-11 added "Noah" before "Daniel Webster"; May 25 Sp. Sess. P.A. 94-1 removed board of parole as agency within the department, effective July 1, 1994; P.A. 01-20 substantially revised the list of correctional institutions, correctional centers, units and offices that comprise the department; P.A. 03-106 replaced provisions specifying name and location of each correctional institution, correctional center and reception and special management unit and providing that department consists of those institutions and the community enforcement offices in Bridgeport, Hartford, New Haven, Norwich and Waterbury with provision that department consists of "all correctional institutions under its jurisdiction, the regional community services facilities and the community correctional centers".

      Cited. 158 C. 439. Cited. 171 C. 691, 696.

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      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. 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. 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. The commissioner shall establish, develop and maintain noninstitutional, community-based service programs. The commissioner shall be responsible for the supervision of persons released on parole by the Board of Pardons and Paroles 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. 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. 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.

      (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; P.A. 04-234, S. 2, 33.)

      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; P.A. 04-234 added provision requiring commissioner to be responsible for the supervision of persons released on parole and to act as administrator of the Interstate Compact for Adult Offender Supervision and made technical changes for purposes of gender neutrality, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      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. (a) Any firearm, ammunition or deadly weapon owned by the Department of Correction shall be stored in a secure location on Department of Correction property.

      (b) The Commissioner of Correction shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, defining "secure location".

      (July Sp. Sess. P.A. 94-1, S. 18; P.A. 01-51.)

      History: P.A. 01-51 designated existing provisions as Subsec. (a) and amended it to replace requirement that any firearm, ammunition or deadly weapon "only be stored in a secure location on the grounds of a correctional facility with a security rating of level three or higher" with requirement that any such weapon "be stored in a secure location on Department of Correction property" and added Subsec. (b) re the adoption of regulations to implement section.

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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 checks of correctional personnel. 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 such person's application, and (2) require each applicant to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a.

      (P.A. 95-251, S. 4; P.A. 96-180, S. 133, 166; June Sp. Sess. P.A. 98-1, S. 48, 121; P.A. 01-175, S. 13, 32.)

      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; P.A. 01-175 made technical changes for the purposes of gender neutrality, replaced provisions re criminal history records checks conducted by the department, fingerprinting and fee with provision re state and national criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001.

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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. 18-81q. Return of unused prescription drugs dispensed in correctional facilities to vendor pharmacies. Requirements. Regulations. (a) Each correctional institution shall return to the vendor pharmacy which shall accept, for repackaging and reimbursement to the Department of Correction, drug products that were dispensed to a patient and not used if such drug products are (1) prescription drug products that are not controlled substances, (2) sealed in individually packaged units, (3) returned to the vendor pharmacy within the recommended period of shelf life for the purpose of redispensing such drug products, (4) determined to be of acceptable integrity by a licensed pharmacist, and (5) oral and parenteral medication in single-dose sealed containers approved by the federal Food and Drug Administration, topical or inhalant drug products in units of use containers approved by the federal Food and Drug Administration or parenteral medications in multiple-dose sealed containers approved by the federal Food and Drug Administration from which no doses have been withdrawn.

      (b) Notwithstanding the provisions of subsection (a) of this section:

      (1) If such drug products are packaged in manufacturer's unit-dose packages, such drug products shall be returned to the vendor pharmacy for redispensing and reimbursement to the Department of Correction if such drugs may be redispensed for use before the expiration date, if any, indicated on the package.

      (2) If such drug products are repackaged in manufacturer's unit-dose or multiple-dose blister packs, such drug products shall be returned to the vendor pharmacy for redispensing and reimbursement to the Department of Correction if (A) the date on which such drug product was repackaged, such drug product's lot number and expiration date are indicated clearly on the package of such repackaged drug; (B) ninety days or fewer have elapsed from the date of repackaging of such drug product; and (C) a repackaging log is maintained by the pharmacy in the case of drug products repackaged in advance of immediate needs.

      (3) No drug products dispensed in a bulk dispensing container may be returned to the vendor pharmacy.

      (c) The Department of Correction shall establish procedures for the return of unused drug products to the vendor pharmacy from which such drug products were purchased.

      (d) The Department of Correction shall reimburse to the vendor pharmacy the reasonable cost of services incurred in the operation of this section, as determined by the Commissioner of Correction.

      (e) The Department of Consumer Protection, in consultation with the Department of Correction, shall adopt regulations, in accordance with the provisions of chapter 54, which shall govern the repackaging and labeling of drug products returned pursuant to subsections (a) and (b) of this section. The Department of Consumer Protection shall implement the policies and procedures necessary to carry out the provisions of this section until January 1, 2003, while in the process of adopting such policies and procedures in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days after implementation.

      (June Sp. Sess. P.A. 01-9, S. 27, 131; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: June Sp. Sess. P.A. 01-9 effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 18-81r. Ombudsman services. (a) For the purposes of this section, "ombudsman services" includes (1) the receipt of complaints by the ombudsman from inmates in the custody of the Department of Correction including inmates housed in other states, regarding decisions, actions and omissions, policies, procedures, rules and regulations of the department, (2) investigating such complaints, rendering a decision on the merits of each complaint and communicating the decision to the complainant, (3) recommending to the Commissioner of Correction a resolution of any complaint found to have merit, (4) recommending policy revisions to the department, and (5) publishing a quarterly report of all ombudsman services activities

      (b) The Commissioner of Correction shall contract for the provision of ombudsman services and shall annually report the name of the person or persons with whom the department has so contracted to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction in accordance with the provisions of section 11-4a.

      (c) Prior to any person in the custody of the Commissioner of Correction obtaining ombudsman services, such person shall have reasonably pursued a resolution of the complaint through any existing internal grievance or appellate procedures of the Department of Correction.

      (d) All oral and written communications, and records relating thereto, between an inmate and the ombudsman or a member of the ombudsman's staff, including, but not limited to, the identity of a complainant, the details of a complaint and the investigative findings and conclusions of the ombudsman shall be confidential and shall not be disclosed without the consent of the inmate, except that the ombudsman may disclose without the consent of the inmate (1) such communications or records as may be necessary in order for the ombudsman to conduct an investigation and support any recommendations the ombudsman may make, or (2) the formal disposition of an inmate's complaint when requested in writing by a court hearing such inmate's application for a writ of habeas corpus that was filed subsequent to an adverse finding by the ombudsman on such inmate's complaint.

      (e) Notwithstanding the provisions of subsection (d) of this section, whenever in the course of providing ombudsman services, the ombudsman or a member of the ombudsman's staff becomes aware of the commission or planned commission of a criminal act or a threat to the health and safety of any individual or the security of a correctional facility, the ombudsman shall notify the Commissioner of Correction or a facility administrator of such act or threat and the nature and target thereof.

      (f) If the commissioner has a reasonable belief that an inmate has made or provided to the ombudsman an oral or written communication concerning a safety or security threat within the Department of Correction or directed against an employee of the department, the ombudsman shall provide to the commissioner all oral or written communications relevant to such threat.

      (June Sp. Sess. P.A. 01-9, S. 76, 131; May 9 Sp. Sess. P.A. 02-7, S. 105.)

      History: June Sp. Sess. P.A. 01-9 effective July 1, 2001; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b) to delete condition that the commissioner contract for ombudsman services "within available appropriations", effective August 15, 2002.

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      Sec. 18-81s. Pilot program for debit account telephone system. The Commissioner of Correction shall establish a pilot program to allow an option, to be made available to inmates of a unit under said commissioner's control, for payment of telephone service by use of a debit account system or other similar system, in lieu of collect calls, under which funds may be deposited into an inmate's account in order to pay for station-to-station telephone service for such inmate. Said commissioner shall post notice of such option to the inmates and their families. The commissioner, in consultation with the Chief Information Officer of the state, shall make every effort to have a pilot program for a debit account system, or similar system, in place not later than June 3, 2004.

      (P.A. 02-104, S. 1; P.A. 03-106, S. 2.)

      History: P.A. 02-104 effective June 3, 2002; P.A. 03-106 extended the date by which the pilot program should be in place from "within one year of June 3, 2002" to "not later than June 3, 2004", effective June 18, 2003.

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      Sec. 18-81t. Report of commissioner re inmate disciplinary reports, inmate assaults and custodial staff workers' compensation claims. (a) Not later than thirty days after the close of the first calendar quarter of the fiscal year ending June 30, 2005, and not later than thirty days after the close of each calendar quarter of each fiscal year thereafter, the Commissioner of Correction shall submit, to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and labor and public employees, a report containing the number of: (1) Inmate disciplinary reports filed during such calendar quarter; (2) inmate assaults on custodial staff reported during such calendar quarter; (3) inmate assaults on other inmates reported during such calendar quarter; and (4) workers' compensation claims filed by custodial staff during such calendar quarter. Said committees may hold a public hearing on any such report.

      (b) If, during any calendar quarter, the number of disciplinary reports, assaults or workers' compensation claims reported in accordance with subsection (a) of this section has increased by more than five per cent from the number of such disciplinary reports, assaults or workers' compensation claims reported for the preceding calendar quarter or for the same calendar quarter of the preceding fiscal year, the commissioner shall include in the report submitted in accordance with subsection (a) of this section an explanation for such increase and a general description of the measures to be taken by the Department of Correction to address such increase.

      (P.A. 04-146, S. 1.)

      History: P.A. 04-146 effective May 21, 2004.

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      Sec. 18-81u. Use of computer with Internet access by certain inmates prohibited. The Commissioner of Correction shall prohibit any person who has been convicted of a crime that requires registration pursuant to chapter 969 from using a computer with Internet access while such person is in the custody of the commissioner and confined in a correctional facility.

      (P.A. 04-139, S. 13; 04-257, S. 126.)

      History: P.A. 04-139 effective May 21, 2004; P.A. 04-257 replaced prohibition of "having access to a computer" with "using a computer with Internet access", effective June 14, 2004.

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      Sec. 18-81v. Procedures for conducting metal detector searches of visitors. (a) The Commissioner of Correction shall ensure that the following procedures are implemented at each correctional institution in the state:

      (1) Any visitor who activates a walk-through metal detector shall be given the opportunity to submit to a search with a portable or hand-held metal detector in order to gain entrance into the correctional institution. If the visitor consents to a search with a portable or hand-held metal detector, the visitor shall be escorted by a correction officer of the same sex to a separate room, restroom or other private location within the correctional institution, where the visitor shall first remove any object or article of clothing that activated the walk-through metal detector and then submit to a portable or hand-held metal detector search. If the portable or hand-held metal detector is not activated during such search, the visitor shall be allowed to reapply the object or article of clothing that activated the walk-through metal detector before exiting the separate room, restroom or other private location where the portable or hand-held metal detector search is conducted and shall be allowed to enter the correctional institution. If the portable or hand-held metal detector is activated during such search, the visitor shall be escorted out of the correctional institution.

      (2) Any visitor who consents to a portable or hand-held metal detector search pursuant to subdivision (1) of this subsection in order to visit an inmate of the correctional institution shall be afforded the entire time allotted for such visit, commencing from the time such search is completed and the visitor is cleared for entrance into the correctional institution, except that (A) this subdivision shall not be construed to require a correctional institution to extend or change its regular visiting hours, and (B) the amount of time afforded to any such visitor shall be reduced by the amount of time the visitor is late in arriving for a scheduled visit at the correctional facility.

      (b) For purposes of this section, "correctional institution" means the facilities defined in section 1-1 and any other correctional facility established by the Commissioner of Correction.

      (P.A. 04-162, S. 1.)

      History: P.A. 04-162 effective June 1, 2004.

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      Sec. 18-81w. Development and implementation of reentry strategy. (a) The Departments of Correction, Mental Health and Addiction Services and Social Services and the Labor Department, the Board of Pardons and Paroles 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, 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.

      (P.A. 04-234, S. 2, 29.)

      History: P.A. 04-234 effective June 8, 2004, except that substitution of "Board of Pardons and Paroles" for "Board of Parole" is effective July 1, 2004.

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      Sec. 18-82. Appointment, removal and qualifications of administrators of correctional institutions. 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 and all detention center wardens. 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; P.A. 03-90, S. 1.)

      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; P.A. 03-90 deleted "all correctional service directors and all regional support services administrators" from list of administrators the commissioner shall appoint and may remove.

      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. Disbursement priorities. 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 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 such inmate's incarceration under section 18-85a 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.

      (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; P.A. 04-234, S. 16.)

      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; P.A. 04-234 amended Subdiv. (8) to replace "costs of his board as determined by the commissioner" with "costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section" and made a technical change, effective June 8, 2004.

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      Sec. 18-85a. Assessment of inmates for costs of incarceration. State's claim against inmate's property for repayment of costs of incarceration. Exempt property. Regulations. (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 or 52-352d, except as provided in subsection (b) of section 52-321a; (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, 18-85c or 52-367c, and except as provided in subsection (b) of section 52-321a; 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.

      (P.A. 95-235; P.A. 04-234, S. 17.)

      History: P.A. 04-234 designated existing provisions as Subsec. (a) and added Subsec. (b) to grant the state a claim against each inmate for the unreimbursed costs of such inmate's incarceration, provide that any property owned by such inmate may be used to satisfy the claim, specify the types of property that may not be used to satisfy the claim, authorize the Attorney General to bring an action to enforce a claim and specify the time limitation on bringing such action, effective June 8, 2004, and applicable to actions or proceedings pending or commenced on or after that date.

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      Sec. 18-85b. State's claim against proceeds of person's cause of action or person's inheritance for repayment of costs of incarceration. (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 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 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 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, 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 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 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 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 under section 18-85a and regulations adopted 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 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.

      (P.A. 01-129, S. 1, 3; P.A. 04-234, S. 18.)

      History: P.A. 01-129 effective June 28, 2001; P.A. 04-234 amended Subsec. (a) to limit the claim of the state to proceeds of a cause of action "brought by such person within twenty years from the date such person is released from incarceration", added "and regulations adopted in accordance with said section" after "section 18-85a" where appearing, amended Subsec. (b) to limit the claim of the state to an inheritance "that is received by such person within twenty years from the date such person is released from incarceration", replaced "inmate" with "person" where appearing and made technical changes, effective June 8, 2004.

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      Sec. 18-85c. State's claim against person's estate for repayment of costs of incarceration. Upon the death of any person obligated to pay the costs of such person's incarceration under section 18-85a 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.

      (P.A. 01-129, S. 2, 3; P.A. 04-234, S. 19.)

      History: P.A. 01-129 effective June 28, 2001; P.A. 04-234 limited the claim of the state to the estate of a person whose death "occurs within twenty years from the date such person is released from incarceration", effective June 8, 2004.

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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.)

      See Sec. 18-81r re ombudsman services for inmates in custody of Department of Correction housed in other states.

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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 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 year ending June 30, 2004, 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) (1) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, during the fiscal years ending June 30, 2005, June 30, 2006, and June 30, 2007, 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 one thousand inmates outside the state.

      (2) 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.

      (3) 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.

      (d) 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; June 30 Sp. Sess. P.A. 03-6, S. 156; P.A. 04-234, S. 11; May Sp. Sess. P.A. 04-2, S. 89.)

      History: June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to make a technical change, added new Subsec. (b) to authorize the commissioner during the fiscal years ending June 30, 2004, and June 30, 2005, to contract for the supervision of an additional two thousand inmates out of state and redesignated existing Subsec. (b) as Subsec. (c), effective August 20, 2003; P.A. 04-234 amended Subsec. (b) to add Subdiv. (4) requiring the commissioner to submit a proposed contract to the appropriations and judiciary committees for their review and comment, effective June 8, 2004; May Sp. Sess. P.A. 04-2 amended Subsec. (b)(1) to authorize the commissioner to contract for the supervision of an additional two thousand inmates outside the state during "the fiscal year ending June 30, 2004," rather than during "the fiscal years ending June 30, 2004, and June 30, 2005," added new Subsec. (c) to authorize the commissioner during the fiscal years ending June 30, 2005, June 30, 2006, and June 30, 2007, to contract for the supervision of an additional one thousand inmates outside the state, and redesignated existing Subsec. (c) as Subsec. (d), effective July 1, 2004.

      See Sec. 18-81r re ombudsman services for inmates in custody of Department of Correction housed in other states.

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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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      Sec. 18-87. Transfers to other state institutions and to the Commissioner of Children and Families. The Commissioner of Correction may transfer any inmate of any of the institutions of the Department of Correction to any other appropriate state institution with the concurrence of the superintendent of such institution or to the Department of Children and Families when the Commissioner of Correction finds that the welfare or health of the inmate requires it. When an inmate, after the expiration of his sentence, is committed to or otherwise remains in the institution to which he was transferred, the expense of his treatment and support shall be paid as provided by sections 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689b, and 17b-743 to 17b-747, inclusive. No transfer of any person who has attained the age of eighteen years shall be made to the Department of Children and Families, and no transfer of any person who has not attained the age of eighteen to the Department of Children and Families shall be made unless the Commissioner of Children and Families finds that such person would benefit from a transfer to the Department of Children and Families and agrees to accept such person and such person has given his written consent to such transfer. Such person transferred to the Department of Children and Families shall be deemed to be committed to the custody of the Commissioner of Children and Families. The Commissioner of Children and Families shall have the power to terminate the commitment and release such person at any time he determines such termination and release would be in such person's best interest, and shall have the power to return such person to the jurisdiction of the Commissioner of Correction. The transfer of any person under this section to the Department of Children and Families shall not result in the person so transferred being in the custody of the Commissioner of Correction and the Commissioner of Children and Families for a total of less than the minimum nor more than the maximum term he would have been in the custody of the Commissioner of Correction had he not been so transferred.

      (1967, P.A. 152, S. 15; 1969, P.A. 664, S. 13; 1972, P.A. 127, S. 35; P.A. 93-91, S. 1. 2; P.A. 96-180, S. 53, 166; June 30 Sp. Sess. P.A. 03-3, S. 97; P.A. 04-76, S. 54.)

      History: 1969 act added provisions re transfers from correctional institution to department of children and youth services, required that superintendent of institution from which transfer to be made concur in decision and placed responsibility of determination of suitability of transfer on commissioner of correction rather than on wardens, superintendents or jail administrators; 1972 act forbade transfer of those reaching eighteen rather than twenty, reflecting changed age of majority; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-180 made technical grammatical change, effective June 3, 1996 (Revisor's note: The references to "17b-115 to 17b-138" and "17b-689 to 17b-693, inclusive," were changed editorially by the Revisors to "17b-116 to 17b-138" and "17b-689, 17b-689b", respectively, to reflect the repeal of certain sections by section 164 of June 18 Sp. Sess. P.A. 97-2); June 30 Sp. Sess. P.A. 03-3, in repealing Secs. 17b-19, 17b-62 to 17b-65, inclusive, 17b-116, 17b-116a, 17b-116b, 17b-117, 17b-120, 17b-121, 17b-123, 17b-134, 17b-135, 17b-220, 17b-259 and 17b-287, authorized deletion of internal references to said subsections in this section, effective March 1, 2004; P.A. 04-76 deleted references to Secs. 17b-118b and 17b-221 that were repealed by the same act.

      See Sec. 17a-10 re custody of committed children.

      See Sec. 17b-250 re payment of hospital expenses of inmate transferred from correctional institution.

      See Sec. 18-52a re hospitalization of prisoners for surgery or other care.

      See Sec. 18-94 re retention of diseased inmates in correctional or charitable institutions.

      Cited. 158 C. 439. Cited. 195 C. 303, 311. Cited. 201 C. 115, 123.

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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. The commission shall consist of the Chief Court Administrator, the Commissioner of Correction, the Commissioner of Public Safety, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Mental Health and Addiction Services and the chairperson of the Board of Pardons and Paroles, 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.

      (P.A. 81-437, S. 1, 12; P.A. 82-472, S. 168, 183; P.A. 84-27, S. 2; P.A. 02-132, S. 11; P.A. 04-234, S. 2, 14.)

      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; P.A. 02-132 replaced "the Chief Bail Commissioner" with "the executive director of the Court Support Services Division" and made technical changes; P.A. 04-234 added the Commissioner of Mental Health and Addiction Services and the chairperson of the Board of Parole as members of the commission and authorized the designees of those individuals and of the Commissioner of Correction and the Commissioner of Public Safety to serve, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      See Sec. 4-38f for definition of "administrative purposes only".

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      Sec. 18-87k. Powers and duties of commission. (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 18-87m 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.

      (P.A. 81-437, S. 2, 12; June 30 Sp. Sess. P.A. 03-6, S. 159; P.A. 04-234, S. 34.)

      History: June 30 Sp. Sess. P.A. 03-6 required the commission to take into account the report of the Alternatives to Incarceration Advisory Committee established under Sec. 18-87m in the development of the plan, effective August 20, 2003; P.A. 04-234 designated existing provisions as Subsec. (a) and added Subsec. (b) re establishment, membership and duties of a subcommittee on corrections behavioral health, effective June 8, 2004.

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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. 18-87m. Alternatives to Incarceration Advisory Committee: Membership, duties, report. Commissioner to implement alternatives to incarceration initiatives to reduce prison population. (a) For the fiscal years ending June 30, 2004, and June 30, 2005, there is established an Alternatives to Incarceration Advisory Committee. The committee shall consist of the Commissioner of Correction, the Secretary of the Office of Policy and Management, the Chief Court Administrator, the Chief State's Attorney, the Chief Public Defender and the Commissioner of Mental Health and Addiction Services, or their designees; the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, judiciary and finance. The Commissioner of Correction or the commissioner's designee, shall serve as chairperson. The committee shall meet not less than quarterly. The Department of Correction shall provide administrative support to the committee.

      (b) The committee shall advise the Commissioner of Correction on expending any appropriation to the Department of Correction for prison overcrowding for the fiscal years ending June 30, 2004, and June 30, 2005. The committee shall investigate the feasibility and effectiveness of various alternatives to incarceration and make recommendations to the commissioner for implementation including, but not limited to: (1) Expanding the community justice center for women at the Niantic facility, (2) beginning prison-based and off-site community justice centers for the male population, (3) adding probation and parole officers to encourage diversion from incarceration and swifter release of inmates who have served periods of incarceration and making recommendations to improve the probation and parole supervision process, (4) the expansion and establishment of drug and community courts, (5) enhancement of drug and other community treatment slots for prisoners awaiting release to the community, (6) enhancement of community mental health services for prisoners awaiting release, (7) expansion of the jail diversion program and related services to divert individuals with behavioral health disorders accused of nonviolent offenses, (8) enhancement of community support services for prisoners leaving incarceration, especially the approximate one thousand four hundred prisoners awaiting release but who lack adequate support mechanisms to succeed in the community post-incarceration, (9) mechanisms to streamline the parole process in an effort to encourage earlier release of prisoners to the community if deemed appropriate by the commissioner, (10) other innovative pilot programs that will reduce recidivism among offenders under community supervision and reduce the overall rate of incarceration, and (11) examination of the department's procedures, policies and classification of inmates. In addition, the committee shall advise the commissioner and the chairperson of the Board of Pardons and Paroles on the integration of the two agencies.

      (c) The Commissioner of Correction shall, within available appropriations for such purpose, implement alternative to incarceration initiatives to reduce prison population which may include implementation of the recommendations of the committee. The commissioner shall give great weight and deference to ensuring the safety of the public in assessing and implementing initiatives to reduce prison population.

      (d) The committee shall report its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, judiciary and finance, to the Governor and to the Commission on Prison and Jail Overcrowding established under section 18-87j not later than February 1, 2004, and February 1, 200