CHAPTER 320

CORRECTIONAL INSTITUTIONS

Table of Contents

Secs. 18-1 to 18-6. Directors and officers, generally.

Sec. 18-7. Powers and duties of warden. Punishment and reward of inmates.

Sec. 18-7a. Good conduct credit for prisoners.

Sec. 18-8. Duties of chaplain.

Secs. 18-9 and 18-10. Transferred

Sec. 18-10a. Employment of prisoners under death sentence.

Sec. 18-10b. Placement of inmate convicted of capital felony or murder with special circumstances. Reclassification. Annual review and report.

Secs. 18-11 and 18-12. Prisoners: Transfer to the Connecticut Reformatory; compensation.

Sec. 18-13. Additional sentence in lieu of payment of fine.

Sec. 18-14. Transferred

Sec. 18-14a. Correctional Institution, Enfield-Medium.

Sec. 18-15. Raising of pheasants at the Connecticut Correctional Institution, Osborn.

Sec. 18-16. Transferred

Sec. 18-17. Temporary use of jail. Transfer.

Sec. 18-18. Escaped prisoner.

Secs. 18-19 to 18-21. Conveying certain articles into prisons prohibited. Expiration of sentence on Sunday or holiday. Library appropriation.

Sec. 18-22. Transferred

Sec. 18-23. Women prisoners. Certain statutes applicable.


PART I

CONNECTICUT CORRECTIONAL INSTITUTION, SOMERS

Secs. 18-1 to 18-6. Directors and officers, generally. Sections 18-1 to 18-6, inclusive, are repealed.

(1949 Rev., S. 2996–3001; 1955, June, 1955, S. 1682d; 1957, P.A. 135; 265, S. 1, 2; September, 1957, P.A. 11, S. 13; March, 1958, P.A. 27, S. 31; 1963, P.A. 28, S. 1; 339; 1967, P.A. 152, S. 28.)

Sec. 18-7. Powers and duties of warden. Punishment and reward of inmates. The warden shall manage the Connecticut Correctional Institution, Somers, subject to the direction of the Commissioner of Correction, and he shall keep all the prisoners employed in such labor as the commissioner orders, during the term of their imprisonment. He shall also keep a record of any punishment inflicted upon a prisoner, showing its cause, mode and degree, and a like record of the conduct of each prisoner. Any prisoner sentenced to a term of imprisonment prior to October 1, 1976, may, by good conduct and obedience to the rules of said institution, earn a commutation or diminution of his sentence, as follows: Sixty days for each year, and pro rata for a part of a year, of a sentence which is not for more than five years; and ninety days for the sixth and each subsequent year, and pro rata for a part of a year, and, in addition thereto, five days for each month as a meritorious time service award which may be granted in the discretion of the warden and the commissioner for exemplary conduct and meritorious achievement; provided any serious act of misconduct or insubordination or persistent refusal to conform to institution regulations occurring at any time during his confinement in said prison shall subject the prisoner, at the discretion of the warden and the commissioner, to the loss of all or any portion of the time earned. Said commutation of sentence shall apply to any prisoner transferred from the Connecticut Correctional Institution, Somers, to the John R. Manson Youth Institution, Cheshire. When any prisoner is held under more than one conviction, the several terms of imprisonment imposed thereunder shall be construed as one continuous term for the purpose of estimating the amount of commutation which he may earn under the provisions of this section. The commissioner may employ prisoners outside the institution walls, within the state, under the charge of some officer of the institution. He shall provide for the prisoners suitable food and clothing and suitable implements and materials for their work, and shall provide for the relief of any sick or infirm prisoner, and the cost thereof shall be paid by the state from funds appropriated and available for such purpose and, if the prisoner is hospitalized the cost thereof shall be paid as provided in section 18-52a. The warden shall superintend the labor and conduct of the prisoners, and, when requested, shall communicate to the commissioner any information in his knowledge respecting the prison.

(1949 Rev., S. 3002; 1957, P.A. 225, S. 1; 1959, P.A. 107; 1963, P.A. 28, S. 2; 1967, P.A. 152, S. 29; 1969, P.A. 463, S. 1; P.A. 76-358, S. 1; P.A. 86-186, S. 10; P.A. 97-245, S. 2.)

History: 1959 act stipulated serious act of misconduct may cause loss of time earned; 1963 act deleted provision for five-day commutation or diminution of sentence for each month prisoner is employed on farm connected with prison; 1967 act substituted “State Prison” for “prison” and changed references to board of directors to commissioner of correction, gave discretionary powers to warden for commutation or diminution of sentence for exemplary conduct and meritorious achievement and gave the authority of the warden to employ prisoners outside prison walls to the commissioner; 1969 act deleted references to terms of not more than one year; P.A. 76-358 made provisions applicable to terms of sentence made before October 1, 1976; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; P.A. 97-245 added provision that if the prisoner is hospitalized, the cost thereof shall be paid as provided in Sec. 18-52a.

See Sec. 13a-250 re use of correctional institution inmates as laborers in construction of highways and bridges.

See Sec. 18-89 re contracts for labor or services of inmates.

See Sec. 54-128 re penalty for violation of parole.

Functions such as commutation of sentences may be reposed in officers of these institutions. 116 C. 140. For purposes of determining diminution of sentence, terms imposed under several counts regarded as one continuous term. 129 C. 164. Cited. 130 C. 111; 166 C. 178. “Good time” credit may be earned during time served prior to or after sentencing. 169 C. 540, 541. Cited. 176 C. 638; 181 C. 85; 183 C. 418; 184 C. 434. For purposes of statute, plaintiff was considered “held” by defendant warden under both the consecutive sentences and the concurrent sentences. 185 C. 540. Cited. 207 C. 412. Aggregation of consecutive sentences in compensation of good-time credit discussed. 217 C. 568. Mandates aggregation of consecutive sentences imposed subsequent to October 1, 1976, as well as those imposed before that date. Id., 584. Cited. 230 C. 17. “One continuous term” language of section is applicable to statutory good time credit earned under Sec. 18-7a(c) and to presentence good time credit earned under Sec. 18-98d(b). 254 C. 214.

Cited. 24 CA 612; 34 CA 503. Statute requires aggregation of petitioner’s multiple sentences for the purpose of calculating good time credits whenever a prisoner is held under more than one conviction and does not require continuous confinement as a prerequisite to aggregation, thus break in confinement due to petitioner’s escape from furlough does not change fact that petitioner was held under more than one conviction once he was sentenced on the felony murder conviction. 94 CA 210.

Character of prisoner’s right to earn good time is that of a privilege and not a vested right. 11 CS 281. Where sentences were not to same institution, an unexpired reformatory sentence did not run concurrently with prison sentence upon transfer to the latter institution. 19 CS 239. Cited. 25 CS 478; Id., 519; 27 CS 441. When life sentence reduced. 30 CS 20. Cited. Id., 54.

Sec. 18-7a. Good conduct credit for prisoners. (a) Except as provided in subsections (b) and (c) any person sentenced to a term of imprisonment, on and after October 1, 1976, and while still serving such sentence whether such sentence is for a definite, indefinite or indeterminate term, and regardless of the institution wherein the prisoner is confined may, by good conduct and obedience to the rules which have been established for the service of his sentence, earn a commutation or diminution of his sentence in the amount of ten days for each month, and pro rata for a part of a month, of a sentence which is for not more than five years, and fifteen days for each month, and pro rata for a part of a month, for the sixth and each subsequent year of a sentence of more than five years. In the case of an indeterminate sentence, such credit shall apply to both the minimum and maximum term. In the case of an indefinite sentence, such credit shall apply to the maximum term only. Any act of misconduct or refusal to obey the rules which have been established for the service of his sentence shall subject the prisoner to the loss of all or any portion of such credit by the commissioner or his designee.

(b) Except as provided in subsection (c), any person sentenced to a term of imprisonment for an offense committed on or after July 1, 1981, may, while held in default of bond or while serving such sentence, by good conduct and obedience to the rules which have been established for the service of his sentence, earn a reduction of his sentence in the amount of ten days for each month and pro rata for a part of a month of a sentence up to five years, and twelve days for each month and pro rata for a part of a month for the sixth and each subsequent year of a sentence which is more than five years. Misconduct or refusal to obey the rules which have been established for the service of his sentence shall subject the prisoner to the loss of all or any portion of such reduction by the commissioner or his designee.

(c) Any person sentenced to a term of imprisonment for an offense committed on or after July 1, 1983, may, while held in default of bond or while serving such sentence, by good conduct and obedience to the rules which have been established for the service of his sentence, earn a reduction of his sentence as such sentence is served in the amount of ten days for each month served and pro rata for a part of a month served of a sentence up to five years, and twelve days for each month served and pro rata for a part of a month served for the sixth and each subsequent year of a sentence which is more than five years. Misconduct or refusal to obey the rules which have been established for the service of his sentence shall subject the prisoner to the loss of all or any portion of such reduction by the commissioner or his designee. In the event a prisoner has not yet earned sufficient good time to satisfy the good time loss, such lost good time shall be deducted from any good time earned in the future by such prisoner.

(P.A. 76-358, S. 2; P.A. 80-442, S. 1, 28; P.A. 82-379, S. 1, 2; P.A. 97-169.)

History: P.A. 80-442 added Subsec. (b); P.A. 82-379 added Subsec. (c) re computation of good time for any person sentenced to term of imprisonment for offense committed on or after July 1, 1983; P.A. 97-169 amended Subsec. (c) to add provision requiring lost good time be deducted from good time earned in the future if the prisoner has not yet earned sufficient good time to satisfy the good time loss.

Section satisfies the rational basis test consistent with command of the equal protection clause. 176 C. 638. Held that credits be calculated according to statute in effect at time of resentencing rather than according to statute effective at time of original sentence. 185 C. 124. Cited. Id., 540; 205 C. 27; 207 C. 412; 209 C. 191; 216 C. 220. Aggregation of consecutive sentences in computation of good-time credit discussed. 217 C. 568. Cited. 219 C. 269; 230 C. 17.

Cited. 24 CA 612; 34 CA 503; 39 CA 455.

Applicable to confinements including commitment pursuant to Sec. 19-498(a). 35 CS 544. Cited. 44 CS 417.

Subsec. (a):

Cited. 217 C. 584.

Cited. 30 CA 190.

Subsec. (b):

Cited. 217 C. 584. Prisoner’s enhanced statutory good time commences at the sixth year of his sentence as imposed by the court, without regard to any presentence confinement time or presentence good time. 245 C. 423.

Subsec. (c):

Prospective forfeiture of unearned good time credit is not permitted. 209 C. 191. Statutory good time calculation and credit discussed. 219 C. 269. Two statements in Seno v. Commissioner of Correction were factually and legally inaccurate, thus trial court decision construing Subsec. (b) based in part on Seno was inaccurate. 245 C. 423. “One continuous term” language of Sec. 18-7 is applicable to Subsec. and good time credits earned on an earlier sentence must be credited towards a controlling, subsequently imposed concurrent sentence. 254 C. 214. Petitioner eligible to be considered for award of good time credit under Subsec. for duration of commitment to mental health facility. 258 C. 394.

Cited. 17 CA 827; 36 CA 695; 39 CA 674; 43 CA 176. Commissioner may promulgate rules that make an inmate ineligible to earn statutory good time. 50 CA 421. Good time credit received under section must be interpreted as credit earned in the year it should have been given and in this case, adjustment of respondent’s time was not a retroactive adjustment, but rather a correction. 86 CA 777. 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. Viewed within context of section, the phrase “term of imprisonment” is susceptible only to one reasonable interpretation, which is that it should be afforded its customary and primary meaning, describing the physical confinement of a person in a correctional facility; there is no basis in law or logic to conclude that it describes or encompasses time spent on probation. 105 CA 210.

Sec. 18-8. Duties of chaplain. Section 18-8 is repealed.

(1949 Rev., S. 3003; 1957, P.A. 148; September, 1957, P.A. 11, S. 37; 1967, P.A. 152, S. 30.)

Secs. 18-9 and 18-10. Transferred to Chapter 325, Secs. 18-89 and 18-90, respectively.

Sec. 18-10a. Employment of prisoners under death sentence. The Commissioner of Correction shall provide for the employment and utilization of prisoners under sentence of death whose convictions are being appealed. Nothing in this section shall be construed so as to diminish security precautions for such prisoners, or to require commingling with other prisoners, or to require daily employment.

(1963, P.A. 463.)

Sec. 18-10b. Placement of inmate convicted of capital felony or murder with special circumstances. Reclassification. Annual review and report. (a) The Commissioner of Correction shall place an inmate on special circumstances high security status and house the inmate in administrative segregation until a reclassification process is completed under subsection (b) of this section, if (1) the inmate is convicted of the class A felony of murder with special circumstances committed on or after April 25, 2012, under the provisions of section 53a-54b in effect on or after April 25, 2012, and sentenced to a term of life imprisonment without the possibility of release, or (2) the inmate is in the custody of the Commissioner of Correction for a capital felony committed prior to April 25, 2012, under the provisions of section 53a-54b in effect prior to April 25, 2012, for which a sentence of death is imposed in accordance with section 53a-46a and such inmate’s sentence is (A) reduced to a sentence of life imprisonment without the possibility of release by a court of competent jurisdiction, or (B) commuted to a sentence of life imprisonment without the possibility of release.

(b) The commissioner shall establish a reclassification process for the purposes of this section. The reclassification process shall include an assessment of the risk an inmate described in subsection (a) of this section poses to staff and other inmates, and an assessment of whether such risk requires the inmate’s placement in administrative segregation or protective custody. If the commissioner places such inmate in administrative segregation pursuant to such assessment, the commissioner shall require the inmate to complete the administrative segregation program operated by the commissioner.

(c) (1) The commissioner shall place such inmate in a housing unit for the maximum security population if, after completion of such reclassification process, the commissioner determines such placement is appropriate, provided the commissioner (A) maintains the inmate on special circumstances high security status, (B) houses the inmate separate from inmates who are not on special circumstances high security status, and (C) imposes conditions of confinement on such inmate which shall include, but not be limited to, conditions that require (i) that the inmate’s movements be escorted or monitored, (ii) movement of the inmate to a new cell at least every ninety days, (iii) at least two searches of the inmate’s cell each week, (iv) that no contact be permitted during the inmate’s social visits, (v) that the inmate be assigned to work assignments that are within the assigned housing unit, and (vi) that the inmate be allowed no more than two hours of recreational activity per day.

(2) The commissioner shall conduct an annual review of such inmate’s conditions of confinement within such housing unit and the commissioner may, for compelling correctional management or safety reasons, modify any condition of confinement, subject to the requirements of subparagraphs (A) to (C), inclusive, of subdivision (1) of this subsection.

(d) Not later than January 2, 2013, and annually thereafter, the commissioner shall submit a report to the General Assembly, in accordance with section 11-4a, regarding the number of inmates in such classification as of December first of the year prior to the year in which the report is due, the location of each such inmate, and the specific conditions of confinement imposed on each such inmate pursuant to this section.

(P.A. 12-5, S. 37.)

History: P.A. 12-5 effective April 25, 2012.

Secs. 18-11 and 18-12. Prisoners: Transfer to the Connecticut Reformatory; compensation. Sections 18-11 and 18-12 are repealed.

(1949 Rev., S. 3006, 3007; 1953, June, 1955, S. 1683d; 1961, P.A. 44; 1967, P.A. 152, S. 32.)

Sec. 18-13. Additional sentence in lieu of payment of fine. Section 18-13 is repealed, effective October 1, 2004.

(1949 Rev., S. 3008; P.A. 04-190, S. 1.)

Sec. 18-14. Transferred to Chapter 325, Sec. 18-88.

Sec. 18-14a. Correctional Institution, Enfield-Medium. The Connecticut Correctional Institution, Enfield-Medium, shall be an institution distinct and separate from the Connecticut Correctional Institution, Somers. It shall be under the supervision of the Commissioner of Correction, who shall appoint a warden thereof. Inmates and employees of said institution shall be subject to the provisions of the general statutes applicable to the Correctional Institution, Somers, and the Department of Correction, except those statutory provisions which require adherence to policies initiated only by the warden of the Correctional Institution, Somers.

(1969, P.A. 273; 1971, P.A. 154, S. 2; P.A. 86-186, S. 11; P.A. 87-282, S. 6.)

History: 1971 act replaced Osborn correctional institution with Enfield correctional institution; P.A. 86-186 replaced “Connecticut Correctional Institution, Enfield” with “Connecticut Correctional Institution, Enfield-Medium”; P.A. 87-282 substituted “warden” for “superintendent”.

Cited. 166 C. 178.

Sec. 18-15. Raising of pheasants at the Connecticut Correctional Institution, Osborn. Section 18-15 is repealed.

(1953, S. 2552d; 1959, P.A. 398, S. 1; 1963, P.A. 28, S. 4; P.A. 77-18.)

Sec. 18-16. Transferred to Chapter 325, Sec. 18-91.

Sec. 18-17. Temporary use of jail. Transfer. Section 18-17 is repealed.

(1949 Rev., S. 3011; 1961, P.A. 580, S. 8; 1967, P.A. 152, S. 35.)

Sec. 18-18. Escaped prisoner. If any escaped prisoner is retaken and recommitted, the expense of the pursuit and recommitment, as allowed by the Commissioner of Correction, shall be paid by the state and the time between the escape of any prisoner and his recommitment shall not be computed as part of his term of imprisonment.

(1949 Rev., S. 3013; 1967, P.A. 152, S. 36.)

History: 1967 act substituted “commissioner of correction” for “directors”.

Secs. 18-19 to 18-21. Conveying certain articles into prisons prohibited. Expiration of sentence on Sunday or holiday. Library appropriation. Sections 18-19 to 18-21, inclusive, are repealed.

(1949 Rev., S. 3012, 3014, 3015; June, 1949, S. 1686d; 1953, S. 1685d; 1961, P.A. 312, S. 3; 580, S. 9; 1967, P.A. 152, S. 37.)

Sec. 18-22. Transferred to Chapter 325, Sec. 18-96.

PART II

CONNECTICUT CORRECTIONAL INSTITUTION, NIANTIC,
MAXIMUM SECURITY DIVISION

Sec. 18-23. Women prisoners. Certain statutes applicable. Section 18-23 is repealed, effective October 1, 2002.

(1949 Rev., S. 3018; September, 1957, P.A. 11, S. 38; 1967, P.A. 152, S. 39; P.A. 87-282, S. 7; S.A. 02-12, S. 1.)