CHAPTER 325
DEPARTMENT OF CORRECTION

Table of Contents

Sec. 18-81w. Development and implementation of reentry strategy.
Sec. 18-82. Administrators of correctional institutions: Appointment, removal and qualifications.
Sec. 18-84a. Discharge savings accounts. Regulations.
Sec. 18-85. Compensation of inmates. Deposit in inmate's account. 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. 18-96. (Formerly Sec. 18-22). Proceedings on discharge of mentally ill prisoners.
Sec. 18-96a. Consideration of psychiatrist diagnosis in assessment of and providing mental health services to inmate with a mental illness. Mental health issues training for custodial staff. Agency collaboration re assistance to inmate with a mental illness upon release. Report re mental health services.
Sec. 18-100d. Supervision of persons convicted of a crime committed on or after October 1, 1994, required until expiration of sentence.
Sec. 18-101. Disposition of compensation.
Sec. 18-101b. Residential stays at correctional facilities. Continuation in programs beyond discharge date.

PART I
GENERAL PROVISIONS

      Sec. 18-81w. Development and implementation of reentry strategy. (a) The Criminal Justice Policy and Planning Division within the Office of Policy and Management shall develop and implement a comprehensive reentry strategy that provides a continuum of custody, care and control for offenders who are being supervised in the community, especially those offenders who have been 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 by (1) maximizing any available period of community supervision for eligible and suitable offenders, (2) identifying and addressing barriers to the successful transition of offenders from incarceration to the community, (3) ensuring sufficient criminal justice resources to manage offender caseloads, (4) identifying community-based supervision, treatment, educational and other services and programs that are proven to be effective in reducing recidivism among the population served by such services and programs, and (5) establishing employment initiatives for offenders through public and private services and partnerships by reinvesting any savings achieved through a reduction in prison population.

      (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 February 15, 2008, and annually thereafter, the Criminal Justice Policy and Planning Division within the Office of Policy and Management 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; P.A. 06-193, S. 1; P.A. 07-217, S. 201.)

      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; P.A. 06-193 amended Subsec. (a) to transfer responsibility for development and implementation of reentry strategy from "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" to "Criminal Justice Policy and Planning Division within the Office of Policy and Management", provide that the strategy is for "offenders who are being supervised in the community, especially those offenders who have been discharged from the custody of the Department of Correction" rather than "offenders who are discharged from the custody of the Department of Correction" and add Subdivs. (1) to (5), inclusive, re manner in which goals of reentry strategy shall be achieved and amended Subsec. (c) to transfer responsibility for submitting report from Department of Correction to Criminal Justice Policy and Planning Division within the Office of Policy and Management and change reporting date from not later than January 1, 2005, and annually thereafter, to not later than January 1, 2007, and annually thereafter, effective July 1, 2006; P.A. 07-217 amended Subsec. (c) to change the reporting date from not later than January 1, 2007, and annually thereafter, to not later than February 15, 2008, and annually thereafter, effective July 12, 2007.

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      Sec. 18-82. Administrators of correctional institutions: Appointment, removal and qualifications. 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 correctional wardens, including any warden with oversight of a district, a correctional institution, parole and community services, population management, programs and treatment, security and academy training or staff development. Such wardens 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; P.A. 07-158, S. 7.)

      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; P.A. 07-158 revised provisions re types of wardens appointed as administrators, effective July 1, 2007.

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      Sec. 18-84a. Discharge savings accounts. Regulations. (a) The Commissioner of Correction shall require each inmate to accumulate savings to be paid to the inmate on the inmate's discharge by establishing a discharge savings account on behalf of the inmate.

      (b) For the purpose of establishing such discharge savings account, the commissioner may impose a deduction of up to ten per cent on all deposits made to the inmate's individual account, provided the commissioner (1) transfers such deduction to the inmate's discharge savings account, and (2) ceases imposition and transfer of such deduction whenever the amount in the inmate's discharge savings account is equal to one thousand dollars.

      (c) If the amount in the inmate's discharge savings account is equal to one thousand dollars, the commissioner shall impose a deduction of ten per cent on all deposits made to the inmate's individual account to the extent necessary to reimburse the state for the costs of the inmate's incarceration pursuant to section 18-85a and the regulations adopted pursuant to said section 18-85a.

      (d) Disbursement to the inmate from the inmate's discharge savings account shall be reduced by any disbursement required by sections 18-85, 18-85b, 18-85c and 18-101.

      (e) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement this section.

      (P.A. 07-158, S. 2.)

      History: P.A. 07-158 effective July 1, 2007.

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      Sec. 18-85. Compensation of inmates. Deposit in inmate's account. Disbursement priorities. (a) The Commissioner of Correction, 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.

      (b) Compensation so earned shall be deposited, under the direction of the administrative head of such institution or facility, in an inmate's individual account in a savings bank or state bank and trust company in this state, and funds from such account may be transferred to the inmate's discharge savings account pursuant to section 18-84a. Any amount in such accounts shall be paid to the inmate on the inmate's discharge, except that 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 the inmate's dependents, if any; (7) the inmate's 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; P.A. 07-158, S. 1.)

      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; P.A. 07-158 inserted Subsec. designators (a) and (b), amended Subsec. (b) to substitute "compensation" for "sums", add "in an inmate's individual account" and provide that funds from such account may be transferred to the inmate's discharge savings account, and made technical changes, effective July 1, 2007.

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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; (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; or (5) deposited in a discharge savings account pursuant to section 18-84a, not in excess of one thousand dollars. 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; P.A. 07-158, S. 3.)

      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; P.A. 07-158 inserted Subsec. (b)(5) re deposits in a discharge savings account, not to exceed $1,000, effective July 1, 2007.

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      Sec. 18-96. (Formerly Sec. 18-22). Proceedings on discharge of mentally ill prisoners. Section 18-96 is repealed, effective October 1, 2007.

      (1949 Rev., S. 3016; 1961, P.A. 580, S. 10; 1969, P.A. 297; P.A. 86-186, S. 16; P.A. 87-282, S. 16; P.A. 07-158, S. 8.)

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      Sec. 18-96a. Consideration of psychiatrist diagnosis in assessment of and providing mental health services to inmate with a mental illness. Mental health issues training for custodial staff. Agency collaboration re assistance to inmate with a mental illness upon release. Report re mental health services. (a) When assessing and subsequently providing mental health services to any inmate confined in a correctional facility of the Department of Correction who has been diagnosed with a mental illness by a psychiatrist licensed pursuant to chapter 370, and such psychiatrist has informed the department that such inmate is currently diagnosed by such psychiatrist to be a danger to himself or herself or others, the department shall consider the diagnosis of such psychiatrist in order to appropriately assess such inmate and provide individualized, clinically appropriate and culturally competent mental health services to treat such inmate's condition.

      (b) (1) The Department of Correction shall, within available appropriations, develop a program for custodial staff members to receive not less than four hours and not more than eight hours of training on mental health issues each year. Such training shall consist of classroom instruction and written materials provided by a qualified mental health professional in conjunction with a training academy accredited by the American Correctional Association, and shall include, at a minimum: (A) Prevention of suicide and self-injury; (B) recognition of signs of mental illness; (C) communication skills for interacting with inmates with mental illness; and (D) alternatives to disciplinary action and the use of force when dealing with inmates with mental illness. Such program shall be offered: (i) Commencing on July 1, 2009, to all custodial staff members at one or more correctional facilities designated by the Commissioner of Correction; (ii) on and after July 1, 2010, to all custodial staff members at one or more additional correctional facilities designated by the commissioner; and (iii) on and after July 1, 2011, to all custodial staff members at one or more additional correctional facilities designated by the commissioner. Such program shall terminate on July 1, 2012.

      (2) In addition to the requirements of subdivision (1) of this subsection, all custodial staff members at each correctional facility of the Department of Correction in which female inmates are confined may, during the fiscal year ending June 30, 2008, and within available appropriations, receive not less than four hours and not more than eight hours of training on mental health issues, including gender-specific and trauma-related mental health issues faced by female inmates.

      (c) Before the planned release of any inmate diagnosed with a mental illness as provided in subsection (a) of this section from a correctional facility, the Department of Correction shall collaborate with the Judicial Department, the Department of Social Services and the Department of Mental Health and Addiction Services, as deemed necessary and within available appropriations, to assist such inmate in obtaining housing, mental health treatment services, any public benefits for which the inmate is eligible and employment counseling upon the inmate's release.

      (d) On February first of each year, the Commissioner of Correction shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, public health and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a. Such report shall set forth (1) the number of inmates who have been determined to require mental health services during the previous calendar year, and (2) a description of program services provided by the Department of Correction and, if applicable, its contracted health services provider.

      (P.A. 07-216, S. 1.)

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      Sec. 18-100d. Supervision of persons convicted of a crime committed on or after October 1, 1994, required until expiration of sentence.

      Habeas court found to have improperly determined that petitioner was not eligible for good time credits. Court's interpretation of good time statutes has the potential of burdening defendant in such a manner so as to conclude that the statutes are penal in nature. In resolving a latent ambiguity as to whether defendant was eligible for good time credits the rule of lenity applied. 101 CA 52.

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      Sec. 18-101. Disposition of compensation. (a) When any person to whom privileges have been granted under section 18-90b or 18-100 is employed for compensation, the Commissioner of Correction or the commissioner's designee shall collect such compensation or require such person to deliver to the commissioner the full amount of such compensation when received. The commissioner or such designee shall deposit such funds in trust in an account and shall keep a record showing the status of the account of each person. Compensation received by such person during such person's term of imprisonment shall not be subject to levy or attachment.

      (b) On granting privileges to any person under section 18-90b or 18-100, the commissioner or the commissioner's designee shall disburse any compensation earned by such person in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of such person's dependents, if any; (7) such person's necessary travel expense to and from work and other incidental expenses; and (8) costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section. The commissioner shall pay any balance remaining to such person upon the person's discharge including any amount transferred to a discharge savings account pursuant to section 18-84a. Each person gainfully self-employed shall pay to the commissioner the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section, and on default in payment thereof the person's participation under section 18-100 shall be revoked.

      (c) The commissioner or the commissioner's designee shall notify the Commissioner of Social Services and the welfare department of the town where the dependents of any person employed under the provisions of section 18-100 reside of the amounts of any payments being made to such dependents.

      (1967, P.A. 773, S. 5; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-560, S. 5, 39; P.A. 88-300, S. 3; P.A. 90-230, S. 85, 101; P.A. 93-262, S. 1, 87; 93-310, S. 27, 32; P.A. 04-234, S. 20; P.A. 07-158, S. 4.)

      History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-560 replaced commissioner of human resources with commissioner of income maintenance; P.A. 88-300 amended Subsection (a) by adding reference to Sec. 18-90b and amended Subsec. (b) re disbursement of compensation by requiring disbursement in accordance with the following priorities: Federal taxes due, restitution or compensation to crime victim, payment of civil judgment, victims compensation, state taxes due, support of dependents, necessary travel expenses and costs of board; P.A. 90-230 added reference to Sec. 18-90b in Subsec. (b); P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A. 93-310 changed commission on victim services to office of victim services, effective July 1, 1993; P.A. 04-234 amended Subsec. (b) to replace "costs of his board as determined by said commissioner" with "costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section" where appearing, effective June 8, 2004; P.A. 07-158 amended Subsec. (b) to add provision re amount transferred to a discharge savings account, and made technical changes, effective July 1, 2007.

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      Sec. 18-101b. Residential stays at correctional facilities. Continuation in programs beyond discharge date. (a) Any inmate of a correctional facility under the authority of the Department of Correction, involved in a departmental program for drug dependent inmates or in a departmental work or education release program, may request that he be allowed to remain in a correctional facility for up to ninety days beyond his parole release or discharge date.

      (b) Any person under the jurisdiction of the Department of Correction, involved in a program operated by a state department other than the Department of Correction, may request that he be allowed to remain in such program for up to ninety days beyond his parole release or discharge date.

      (c) Any inmate requesting permission to remain in a correctional facility, as provided in subsection (a) of this section or any person requesting permission to remain in a program, as provided in subsection (b) of this section, shall submit such request, in writing, to the Commissioner of Correction not later than one week prior to the scheduled date for the inmate's parole or discharge.

      (d) Any inmate receiving permission to remain in a correctional facility or any person receiving permission to remain in a program operated by a state department other than the Department of Correction beyond his scheduled date for parole or discharge may be charged a reasonable daily fee by the appropriate department while said inmate is housed in a facility of said department.

      (1972, P.A. 58; P.A. 73-243; P.A. 07-217, S. 78.)

      History: P.A. 73-243 inserted new Subsec. (b) re continuance in program outside correction department beyond release or discharge date, redesignated former Subsecs. (b) and (c) as (c) and (d) and amended them to include persons permitted to remain in such outside programs; P.A. 07-217 made technical changes in Subsec. (c), effective July 12, 2007.

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