Substitute House Bill No. 6644
          Substitute House Bill No. 6644

              PUBLIC ACT NO. 97-256


AN ACT CONCERNING  THE  BOARD  OF PAROLE AND COURT
INSTRUCTIONS   ON   POSSIBLE    IMMIGRATION    AND
NATURALIZATION  RAMIFICATIONS OF  GUILTY  OR  NOLO
CONTENDERE PLEAS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. (NEW) (a) The Board of Parole shall
enter into an  agreement  with  the  United States
Immigration  and Naturalization  Service  for  the
deportation  of  parolees   who   are   aliens  as
described in 8  USC  1252a(b)(2)  and  for whom an
order of deportation has been issued pursuant to 8
USC 1252(b) or 8 USC 1252a(b).
    (b)  The  Department   of   Correction   shall
determine those inmates  who  shall be referred to
the Board of  Parole based on intake interviews by
the department and  standards  set  forth  by  the
United  States  Immigration   and   Naturalization
Service for establishing immigrant status.
    (c)   Notwithstanding   the    provisions   of
subdivision  (2)  of  subsection  (b)  of  section
54-125a of the  general statutes, any person whose
eligibility for parole  is  restricted  under said
subdivision  shall  be  eligible  for  deportation
parole  under this  section  after  having  served
fifty per cent of the definite sentence imposed by
the court.
    (d)  Notwithstanding  any   provision  of  the
general statutes, a sentencing court may refer any
person  convicted  of  an  offense  other  than  a
capital felony or a class A felony who is an alien
to the Board  of Parole for deportation under this
section.
    (e) Any person who is approved for deportation
under this section  shall have his sentence placed
in a hold status for a period of ten years. If the
parolee re-enters the  United  States  within such
ten-year period, he  shall  be in violation of his
parole agreement, the  remainder  of  his sentence
shall be reinstated and he shall be ineligible for
parole consideration.
    (f) Any person approved for deportation parole
shall not be eligible for any form of bond whether
by the state or the federal government. Any person
approved   for   deportation   parole   shall   be
transferred to the  United  States Immigration and
Naturalization   Service   for    deportation   in
accordance  with  the   agreement   entered   into
pursuant to subsection  (a)  of  this section. Any
person approved for deportation parole shall waive
all rights to  appeal  his conviction, extradition
and deportation.
    Sec. 2. Section  1-24  of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    The following officers  may  administer oaths:
(1) The clerks  of  the  Senate, the clerks of the
House  of  Representatives  and  the  chairmen  of
committees of the  General  Assembly  or of either
branch  thereof, during  its  session;  (2)  state
officers as defined  in  subsection (t) of section
9-1,  judges  and  clerks  of  any  court,  family
support  magistrates,  justices   of   the  peace,
commissioners  of  the  Superior  Court,  notaries
public, commissioners appointed by the Governor to
take  acknowledgment of  deeds,  town  clerks  and
assistant town clerks,  in all cases where an oath
may be administered,  except  in  a case where the
law  otherwise  requires;   (3)  commissioners  on
insolvent  estates,  auditors,   arbitrators   and
committees, to parties and witnesses, in all cases
tried before them;  (4)  assessors  and  boards of
assessment appeals, in  cases  coming before them;
(5) commissioners appointed  by governors of other
states to take the acknowledgment of deeds, in the
discharge  of  their   official   duty;   (6)  the
moderator of a  school  district  meeting, in such
meeting,  to  the   clerk  of  such  district,  as
required by law;  (7)  the first selectman, in any
matter before the  board  of  selectmen;  (8)  the
Chief Medical Examiner,  Deputy  Medical  Examiner
and assistant medical  examiners  of the Office of
the Medical Examiner,  in  any matter before them;
(9) registrars of  vital statistics, in any matter
before them; (10) any chief inspector or inspector
appointed  pursuant  to   section   51-286;   (11)
registrars of voters, deputy registrars, assistant
registrars, and moderators,  in  any matter before
them;  (12)  special   assistant   registrars,  in
matters provided for in subsections (b) and (c) of
section  9-19b  and   section   9-19c;   (13)  the
Commissioner of Public Safety and any sworn member
of any local  police department or the Division of
State  Police  within  the  Department  of  Public
Safety,    in    all    affidavits,    statements,
depositions, complaints or  reports  made to or by
any member of  any local police department or said
Division of State  Police  or any constable who is
under the supervision  of said commissioner or any
of such officers  of said Division of State Police
and  who is  certified  under  the  provisions  of
sections 7-294a to 7-294e, inclusive, and performs
criminal  law  enforcement   duties;   (14)  judge
advocates of the  United  States  Army,  Navy, Air
Force and Marine  Corps,  law  specialists  of the
United States Coast  Guard,  adjutants,  assistant
adjutants,   acting   adjutants    and   personnel
adjutants, commanding officers, executive officers
and officers whose rank is lieutenant commander or
major, or above, of the armed forces as defined in
section 27-103 to  persons  serving with or in the
armed forces as  defined  in said section or their
spouses; (15) investigators, deputy investigators,
investigative    aides,   secretaries,    clerical
assistants,   social   workers,    social   worker
trainees, paralegals and  certified  legal interns
employed by or  assigned  to  the  Public Defender
Services Commission in  the  performance  of their
assigned   duties;   (16)    bail   commissioners,
assistant bail commissioners  and  secretaries and
clerical assistants employed  in the office of the
Bail  Commission  in   the  performance  of  their
assigned    duties;    (17)     juvenile    matter
investigators employed by  the Judicial Department
in the performance  of their assigned duties; (18)
the chairman of  the Connecticut Siting Council or
his designee; (19)  the  presiding  officer  at an
agency hearing under  section  4-177b;  [and] (20)
family relations counselors of the Family Division
of  the  Superior   Court,   support   enforcement
officers  and  investigators   employed   by   the
Department  of Social  Services  Bureau  of  Child
Support Enforcement and the Judicial Department in
the performance of their assigned duties; AND (21)
THE CHAIRMAN, VICE-CHAIRMAN  AND  MEMBERS  OF  THE
BOARD  OF  PAROLE,   PAROLE  OFFICERS  AND  PAROLE
SUPERVISORS IN THE  PERFORMANCE  OF THEIR ASSIGNED
DUTIES.
    Sec. 3. Subsection (a) of section 5-173 of the
general statutes is  repealed and the following is
substituted in lieu thereof:
    (a) A state policeman in the active service of
the Division of State Police within the Department
of Public Safety,  or any person who is engaged in
guard or instructional  duties  at the Connecticut
Correctional Institution, Somers,  the Connecticut
Correctional Institution, Enfield-Medium, the Carl
Robinson  Correctional Institution,  Enfield,  the
John R. Manson  Youth  Institution,  Cheshire, the
Connecticut Correctional Institution, Niantic, the
Connecticut Correctional Center,  Cheshire and the
community  correctional  centers,  or  any  person
exempt from collective  bargaining  who is engaged
in custodial or  instructional  duties  within the
Department of Correction,  or any person who is an
employee of the  Whiting  Forensic  Division  with
direct and substantial  patient  contact,  OR  ANY
PERSON  WHO  IS   EMPLOYED   AS   A   CORRECTIONAL
COUNSELOR,   CORRECTIONAL  COUNSELOR   SUPERVISOR,
PAROLE  OFFICER  OR  PAROLE  SUPERVISOR  OR  IN  A
COMPARABLE  JOB CLASSIFICATION  BY  THE  BOARD  OF
PAROLE, or any  member  of  tier  I  who  has been
designated as a  hazardous duty member pursuant to
an applicable collective bargaining agreement, who
has  reached  his   forty-seventh   birthday   and
completed at least  twenty years of hazardous duty
service  for the  state  or  service  as  a  state
policeman  or  as  guard  or  instructor  at  said
correctional institutions or correctional centers,
or  service  in   a   custodial  or  instructional
position within the Department of Correction which
is exempt from  collective  bargaining,  or  as an
employee of the  Whiting  Forensic Division or its
predecessor  institutions, OR  AS  A  CORRECTIONAL
COUNSELOR,   CORRECTIONAL  COUNSELOR   SUPERVISOR,
PAROLE  OFFICER  OR  PAROLE  SUPERVISOR  OR  IN  A
COMPARABLE JOB CLASSIFICATION  AS  AN  EMPLOYEE OF
THE BOARD OF  PAROLE,  shall be retired on his own
application  or  on   the   application   of   the
Commissioner of Public  Safety or the Commissioner
of Correction, as the case may be.
    Sec. 4. Subsection (d) of section 5-173 of the
general statutes is  repealed and the following is
substituted in lieu thereof:
    (d) Any such  person  who, after retiring from
hazardous  duty  as   designated   pursuant  to  a
collective  bargaining  agreement   or   from  the
Division of State  Police  or  the  employ  of the
Connecticut Correctional Institution,  Somers, the
Connecticut        Correctional       Institution,
Enfield-Medium,  the  Carl  Robinson  Correctional
Institution, Enfield, the  John  R.  Manson  Youth
Institution,     Cheshire,     the     Connecticut
Correctional Institution, Niantic, the Connecticut
Correctional  Center,  Cheshire   or  a  community
correctional  center, [or]  the  Whiting  Forensic
Division OR THE  BOARD  OF PAROLE, as the case may
be, is employed  by  any  other  state  agency may
elect to receive the retirement income to which he
was entitled at  the  time  of his retirement from
such hazardous duty  or  as  a  state policeman or
employee  of  the   correctional   institution  or
correctional  center, [or]  forensic  division  OR
BOARD OF PAROLE  when his employment in such other
agency ceases, but  he shall not, in that case, be
entitled to any  retirement  income  by  reason of
service in such other agency except as provided in
subsection (g) of this section.
    Sec. 5. Subsection  (d)  of  section 5-192f of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d) "Hazardous duty member" means a member who
is  [either]  a  state  policeman  in  the  active
service of the Division of State Police within the
Department of Public  Safety,  [or any person] who
is engaged in guard or instructional duties at the
Connecticut Correctional Institution,  Somers, the
Connecticut        Correctional       Institution,
Enfield-Medium,  the  Carl  Robinson  Correctional
Institution, Enfield, the  John  R.  Manson  Youth
Institution,     Cheshire,     the     Connecticut
Correctional Institution, Niantic, the Connecticut
Correctional  Center, Cheshire  or  the  community
correctional centers, [or]  who  is an employee of
the Whiting Forensic  Division  or its predecessor
institutions with direct  and  substantial patient
contact, [or] WHO  IS a detective, chief inspector
or inspector in  the  Division of Criminal Justice
[of] OR chief  detective,  WHO  IS  EMPLOYED  AS A
CORRECTIONAL  COUNSELOR,  CORRECTIONAL   COUNSELOR
SUPERVISOR, PAROLE OFFICER OR PAROLE SUPERVISOR OR
IN A COMPARABLE JOB CLASSIFICATION BY THE BOARD OF
PAROLE, or who  has been designated as a hazardous
duty member pursuant  to the terms of a collective
bargaining agreement.
    Sec. 6. Section  54-1j of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) The court  shall  not  accept  a  plea  of
guilty or nolo  contendere  from  any defendant in
any criminal proceeding  unless  the court advises
him of the following: "If you are not a citizen of
the United States,  you  are  hereby  advised that
conviction of the  offense for which you have been
charged may have  the consequences of deportation,
exclusion from admission  to the United States, or
denial of naturalization,  pursuant to the laws of
the United States."
    (b) The defendant shall not be required at the
time of the  plea  to disclose his legal status in
the United States to the court.
    (c) If the  court  fails to advise a defendant
as required in  subsection (a) of this section and
the defendant [later  at  any time] NOT LATER THAN
THREE YEARS AFTER THE ACCEPTANCE OF THE PLEA shows
that his plea  and  conviction may have one of the
enumerated  consequences,  the   court,   on   the
defendant's motion, shall vacate the judgment, and
permit  the defendant  to  withdraw  the  plea  of
guilty or nolo contendere, and enter a plea of not
guilty. [In the absence of a record that the court
provided the advice  required by this section, the
defendant shall be  presumed  not to have received
the required advice.]

Approved June 26, 1997