House Bill No. 6790
               House Bill No. 6790

              PUBLIC ACT NO. 97-245


AN ACT CONCERNING  THE  PAYMENT OF HOSPITALIZATION
COSTS OF INMATES  AND  THE ADVANCE NOTIFICATION OF
MUNICIPAL OFFICIALS OF  CERTAIN AGREEMENTS ENTERED
INTO BY THE DEPARTMENT OF CORRECTION.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  18-52a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any   person   committed   to   [a   community
correctional  center  who   becomes  sick  with  a
disease  or  malady  which]  THE  CUSTODY  OF  THE
COMMISSIONER OF CORRECTION  WHO  IS  CONFINED IN A
CORRECTIONAL FACILITY AND requires hospitalization
for  [surgery  or   other]  medical  care  may  be
transferred by the  [Community Correctional Center
Administrator] DEPARTMENT to  any [state] hospital
having  facilities  for  such  care.  [,  and  the
superintendent of any  such  hospital  to whom the
Community   Correctional   Center    Administrator
applies shall admit such person to such hospital.]
IF SUCH PERSON  IS  COVERED  BY A HEALTH INSURANCE
POLICY, AS DEFINED  IN  SECTION  38a-469, AND SUCH
POLICY PROVIDES COVERAGE  FOR SUCH HOSPITALIZATION
OR MEDICAL CARE,  SUCH  PERSON  SHALL BE LIABLE TO
THE HOSPITAL FOR  ALL  COVERED  EXPENSES,  AND (1)
SUCH PERSON SHALL  ARRANGE TO HAVE THE CARRIER PAY
THE AMOUNT OF COVERED EXPENSES TO THE HOSPITAL, OR
(2) IF SUCH  POLICY INDEMNIFIES THE COVERED PERSON
FOR COSTS INCURRED,  SUCH  PERSON  SHALL  PAY  THE
HOSPITAL FOR COVERED  EXPENSES. EACH CARRIER SHALL
PROVIDE  BENEFITS  FOR  COVERED  EXPENSES  WITHOUT
REGARD TO WHETHER  A  PERSON  IS  COMMITTED TO THE
CUSTODY OF THE COMMISSIONER OF CORRECTION. IF SUCH
PERSON  IS  NOT  COVERED  BY  A  HEALTH  INSURANCE
POLICY,  THE  DEPARTMENT   SHALL   REIMBURSE   THE
RECEIVING HOSPITAL AT  A  RATE  NOT TO EXCEED THAT
ESTABLISHED  UNDER  THE   PROVISIONS   OF  SECTION
17b-239. AS USED  IN THIS SECTION, "CARRIER" MEANS
ANY INSURANCE COMPANY, HOSPITAL OR MEDICAL SERVICE
CORPORATION, HEALTH CARE CENTER, FRATERNAL BENEFIT
SOCIETY OR OTHER ENTITY WHICH DELIVERS, ISSUES FOR
DELIVERY OR RENEWS  A  HEALTH  INSURANCE POLICY IN
THIS STATE.
    Sec. 2. Section  18-7  of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    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, AS AMENDED BY SECTION
1 OF THIS  ACT.  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.
    Sec. 3. (NEW)  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.
    Sec. 4. (NEW)  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 of the general statutes 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.

Approved June 27, 1997