Substitute House Bill No. 7059
          Substitute House Bill No. 7059

              PUBLIC ACT NO. 97-168


AN ACT CONCERNING THE APPLICABILITY OF THE UNIFORM
ADMINISTRATIVE PROCEDURE ACT TO THE DEPARTMENT  OF
CORRECTION.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  18-78a  of  the  general  statutes is
repealed and the following is substituted in  lieu
thereof:
    (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 THE EFFECTIVE DATE OF THIS ACT 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 THE
EFFECTIVE DATE OF  THIS  ACT  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
THE EFFECTIVE  DATE  OF  THIS  ACT  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.

Approved June 24, 1997