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statutes is repealed and the following is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is repealed and the following is substituted in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