AN ACT CONCERNING REPEAT VIOLENT OFFENDERS, BURGLARY AND PARDONS AND PAROLE.

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

Section 1. (NEW) (Effective from passage) (a) Notwithstanding any other provision of the general statutes, whenever a person (1) stands convicted of murder, manslaughter, arson, kidnapping, robbery in the first or second degree, robbery involving an occupied motor vehicle, assault constituting a felony, sexual assault constituting a felony, home invasion, burglary in the first or second degree, stalking in the first degree or any felony involving the use of a deadly weapon, and (2) has been, prior to the commission of the present crime, two or more times convicted in this state or in any other state or in a federal system for (A) any of the crimes enumerated in subdivision (1) of this subsection or any predecessor statutes in this state, or an attempt to commit any of said crimes, or (B) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subdivision (1) of this subsection, the court shall sentence such person to a term of life imprisonment without the possibility of release.

(b) It shall be an affirmative defense to a charge under this section that (1) as to any prior conviction on which the state is relying the defendant was pardoned on the ground of innocence, and (2) without such conviction, the defendant was not two or more times imprisoned or convicted as required by this section.

Sec. 2. Section 53a-101 of the general statutes, as amended by section 2 of public act 08-1 of the January special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A person is guilty of burglary in the first degree when (1) such person enters or remains unlawfully in a building with intent to commit a crime therein and is armed with explosives or a deadly weapon or dangerous instrument, or (2) such person enters or remains unlawfully in a building with intent to commit a crime therein and, in the course of committing the offense, intentionally, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone, or (3) such person enters or remains unlawfully in a dwelling at night with intent to commit a crime therein, or (4) such person enters or remains unlawfully in a dwelling, while a person other than the participant in the crime is actually present in such dwelling, with intent to commit a crime therein, or (5) such person enters or remains unlawfully in a dwelling with intent to commit a crime therein and is aided by one or more persons actually present.

(b) An act shall be deemed "in the course of committing" the offense if it occurs in an attempt to commit the offense or flight after the attempt or commission.

(c) Burglary in the first degree is a class B felony, provided any person found guilty under subdivision (1) (2), (4) or (5) of subsection (a) of this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

Sec. 3. Section 53a-102 of the general statutes, as amended by section 3 of public act 08-1 of the January special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A person is guilty of burglary in the second degree when such person (1) enters or remains unlawfully in a building with intent to commit a crime therein and, in the course of committing the offense, threatens the use of or displays or represents by such person's words or conduct that such person possesses a firearm, or (2) enters or remains unlawfully in a dwelling [, while a person other than a participant in the crime is actually present in such dwelling,] with intent to commit a crime therein.

(b) An act shall be deemed "in the course of committing" the offense if it occurs in an attempt to commit the offense or flight after the attempt or commission.

[(b)] (c) Burglary in the second degree is a class C felony for a first offense and a class B felony for any subsequent offense, provided any person found guilty under this section shall be sentenced to a term of imprisonment of which three years of the sentence imposed may not be suspended or reduced by the court.

Sec. 4. Subsection (j) of section 54-124a of the general statutes, as amended by section 12 of public act 08-1 of the January special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 five 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, section 46b-38c of the 2008 supplement to the general statutes, 53a-39a, 53a-39c, 54-56e of the 2008 supplement to the general statutes, 54-56g of the 2008 supplement to the general statutes, 54-56i of the 2008 supplement to the general statutes 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 of the 2008 supplement to the general statutes 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 ten 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; and

(4) Providing notification to the arresting law enforcement authority prior to a parole hearing or the consideration of a recommendation that parole be granted.

Sec. 5. Section 54-130a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Jurisdiction over the granting of, and the authority to 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 shall be vested in the Board of Pardons and Paroles.

(b) The board shall have authority to grant pardons, conditioned, provisional or absolute, for any offense against the state at any time after the imposition and before or after the service of any sentence.

(c) The board may accept an application for a pardon three years after an applicant's conviction of a misdemeanor or violation, [and] five years after an applicant's conviction of a felony other than a class A or B felony, or ten years after an applicant's conviction of a class A or B felony, except that the board, upon a finding of extraordinary circumstances, may accept an application for a pardon prior to such dates.

(d) The board may grant an absolute pardon only if the board finds that (1) for an applicant convicted of: (A) A misdemeanor or violation, such applicant has not been convicted of another crime in the three years preceding the date of application, (B) a felony other than a class A or B felony, such applicant has not been convicted of another crime in the five years preceding the date of application, or (C) a class A or B felony, such applicant has not been convicted of another crime in the ten years preceding the date of application; (2) the applicant has presented evidence that the applicant has made a significant effort to successfully reintegrate into the community; (3) the granting of such pardon will enhance the applicant's successful reintegration into community life; and (4) the granting of such pardon is consistent with public safety. The board shall record such findings on the record prior to granting a pardon.

[(d)] (e) Whenever the board grants an absolute pardon to any person, the board shall cause notification of such pardon to be made in writing to the clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convicted in the Court of Common Pleas, the Circuit Court, a municipal court, or a trial justice court.

[(e)] (f) Whenever the board grants a provisional pardon to any person, the board shall cause notification of such pardon to be made in writing to the clerk of the court in which such person was convicted. The granting of a provisional pardon does not entitle such person to erasure of the record of the conviction of the offense or relieve such person from disclosing the existence of such conviction as may be required.

[(f)] (g) In the case of any person convicted of a violation for which a sentence to a term of imprisonment may be imposed, the board shall have authority to grant a pardon, conditioned, provisional or absolute, in the same manner as in the case of any person convicted of an offense against the state.

Sec. 6. Section 17 of public act 08-1 of the January special session is repealed and the following is substituted in lieu thereof (Effective from passage):

The Department of Correction shall contract for an additional thirty-five reentry beds for immediate occupancy, shall contract for an additional [fifty] forty-five reentry beds for occupancy not later than July 1, 2008, and shall contract for an additional [fifty] twenty-eight reentry beds for occupancy not later than November 15, 2008.

Sec. 7. Section 18 of public act 08-1 of the January special session is repealed and the following is substituted in lieu thereof (Effective from passage):

The Court Support Services Division of the Judicial Branch shall contract for an additional thirty-five diversionary beds for immediate occupancy, shall contract for an additional [fifty] forty-five diversionary beds for occupancy not later than July 1, 2008, and shall contract for an additional [fifty] twenty-eight diversionary beds for occupancy not later than November 15, 2008.

Sec. 8. (Effective from passage) The Department of Mental Health and Addiction Services shall develop ten additional medium security step-down beds not later than July 1, 2008, and shall contract for an additional forty-five diversionary beds for occupancy not later than October 1, 2008.

Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]