Substitute Senate Bill No. 568
          Substitute Senate Bill No. 568

              PUBLIC ACT NO. 98-234


AN ACT CONCERNING THE BOARD OF PAROLE.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1. Section  54-124a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) There shall be a Board of Parole which, on
and after July  1,  [1994]  1998, shall consist of
[thirteen] FIFTEEN members,  including  a chairman
AND TWO VICE-CHAIRMEN  who  shall  be appointed by
the Governor with the advice and consent of either
house of the  General  Assembly.  The chairman AND
VICE-CHAIRMEN  shall  be  qualified  by  training,
experience or education  in law, criminal justice,
parole matters or  other  related  fields  for the
consideration of the matters before [him] THEM and
the other members  shall  be qualified by training
and experience for  the  consideration  of matters
before them. In  the  appointment  of the members,
the Governor shall  endeavor to reflect the racial
diversity of the state.
    (b) The term  of  the chairman AND THE TERM OF
EACH  VICE-CHAIRMAN  of   the   board   shall   be
coterminous with the term of the Governor or until
a successor is  chosen,  whichever  is  later. The
terms of all  members,  except the chairman, shall
expire on July  1,  1994,  and on or after July 1,
1994, members shall  be  appointed  in  accordance
with subsection (a)  of  this  section as follows:
Six members shall  be  appointed for a term of two
years; and six  members  shall  be appointed for a
term of four  years. Thereafter, all members shall
serve for terms  of four years. Any vacancy in the
membership of the  board  shall  be filled for the
unexpired portion of the term by the Governor.
    (c)  The  chairman   AND  VICE-CHAIRMEN  shall
devote [his] THEIR  entire time to the performance
of  [his] THEIR  duties  hereunder  and  shall  be
compensated  therefor  in   such   amount  as  the
Commissioner     of    Administrative     Services
determines, subject to  the  provisions of section
4-40.  The  other  members  of  said  board  shall
receive one hundred ten dollars for each day spent
in the performance  of  their  duties and shall be
reimbursed for necessary  expenses incurred in the
performance of such  duties.  The  chairman or, in
his  absence  or   inability   to  act,  a  member
designated  by  him   to   serve   temporarily  as
chairman, shall be present at all meetings of said
board and participate in all decisions thereof.
    (d) Said chairman  shall  be the executive and
administrative head of  said  board and shall have
the authority and responsibility for (1) directing
and supervising all  administrative affairs of the
board,  (2)  preparing   the   budget  and  annual
operation plan in consultation with the board, (3)
assigning  staff to  parole  panels,  regions  and
supervision offices, (4) organizing parole hearing
calendars to facilitate  the  timely and efficient
processing of cases,  (5)  implementing  a uniform
case   filing   and    processing    system,   (6)
establishing  policy  in   all   areas  of  parole
including, but not  limited  to,  decision making,
release criteria and  supervision  standards,  (7)
establishing specialized parole  units  as  deemed
necessary,  (8)  entering   into   contracts,   in
consultation   with  the   board,   with   service
providers, community programs  and consultants for
the  proper  function   of  parole  and  community
supervision, (9) creating  programs  for staff and
board member development,  training and education,
(10)  establishing,  developing   and  maintaining
noninstitutional,      community-based     service
programs,   [and]   (11)   consulting   with   the
Department   of  Correction   on   shared   issues
including,   but   not    limited    to,    prison
overcrowding,  AND  (12)   SIGNING   AND   ISSUING
SUBPOENAS TO COMPEL  THE  ATTENDANCE AND TESTIMONY
OF  WITNESSES  AT  PAROLE  PROCEEDINGS.  ANY  SUCH
SUBPOENA SHALL BE  ENFORCEABLE  TO THE SAME EXTENT
AS SUBPOENAS ISSUED PURSUANT TO SECTION 52-143.
    (e) The chairman  shall have the authority and
responsibility for assigning  members  to  panels,
each  to  be  composed  of  two  members  and  the
chairman  or  a   member   designated   to   serve
temporarily  as chairman,  for  each  correctional
institution. Such panels  shall  be  the  paroling
authority for the  institutions  to which they are
assigned and not  less  than  two members shall be
present at each parole hearing.
    (f) In the event of the temporary inability of
any member other  than the chairman to perform his
or her duties, the Governor, at the request of the
board, may appoint  a qualified person to serve as
a  temporary  member   during   such   period   of
inability.
    (g) The Board  of  Parole  shall: (1) Adopt an
annual budget and  plan  of  operation,  (2) adopt
such rules as  deemed  necessary  for the internal
affairs of the  board,  (3) develop policy for and
administer the operation  of the Interstate Parole
Compact, and (4)  submit  an  annual report to the
Governor and General Assembly.
    Sec. 2. Subsection  (b)  of  section 53a-28 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) Except as  provided  in  section  53a-46a,
when a person  is  convicted  of  an  offense, the
court shall impose one of the following sentences:
(1) A term  of  imprisonment;  or  (2)  a sentence
authorized by section  18-65a  or  18-73; or (3) a
fine; or (4) a term of imprisonment and a fine; or
(5) a term  of imprisonment, with the execution of
such sentence of  imprisonment suspended, entirely
or after a  period  set by the court, and a period
of probation or a period of conditional discharge;
or (6) a  term of imprisonment, with the execution
of  such  sentence   of   imprisonment  suspended,
entirely or after a period set by the court, and a
fine and a  period  of  probation  or  a period of
conditional  discharge;  or   (7)  a  fine  and  a
sentence authorized by section 18-65a or 18-73; or
(8) a sentence  of unconditional discharge; OR (9)
A TERM OF  IMPRISONMENT  AND  A  PERIOD OF SPECIAL
PAROLE AS PROVIDED IN SECTION 3 OF THIS ACT.
    Sec. 3. (NEW)  (a)  Any  person convicted of a
crime committed on  or  after October 1, 1998, who
received a definite  sentence  of  more  than  two
years  followed by  a  period  of  special  parole
shall, at the  expiration  of  the maximum term or
terms of imprisonment  imposed  by  the  court, be
transferred from the  custody  of the Commissioner
of Correction to  the jurisdiction of the Chairman
of the Board  of  Parole  or,  if  such person has
previously been released  on  parole  pursuant  to
subsection  (a)  of  section  54-125a  or  section
54-131a of the  general statutes, remain under the
jurisdiction of said chairman until the expiration
of the period  of  special  parole  imposed by the
court.
    (b)  Any  person  sentenced  to  a  period  of
special parole shall  be subject to such rules and
conditions as may  be  established by the Board of
Parole or its  chairman pursuant to section 54-126
of the general statutes.
    (c) The period  of special parole shall be not
less than one  year nor more than ten years except
that such period  shall be not less than ten years
nor  more than  thirty-five  years  for  a  person
convicted of a  violation  of  subdivision  (2) of
section 53-21, section  53a-70,  53a-70a, 53a-70b,
53a-71, 53a-72a or 53a-72b of the general statutes
or  sentenced as  a  persistent  dangerous  felony
offender pursuant to  subsection  (f)  of  section
53a-40 of the  general statutes or as a persistent
serious felony offender pursuant to subsection (g)
of section 53a-40 of the general statutes.
    Sec. 4. Section 54-128 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Any paroled convict or inmate who has been
returned to the  custody  of  the  Commissioner of
Correction or any institution of the Department of
Correction for violation  of  his  parole  may  be
retained in the  institution  from  which  he  was
paroled  for  a  period  equal  to  the  unexpired
portion of the term of his sentence at the date of
the request or  order  for  his  return  less  any
commutation or diminution  of  his sentence earned
except  that the  Board  of  Parole  may,  in  its
discretion, determine that he shall forfeit any or
all of such  earned  time, or may be again paroled
by said board.
    (b) Each parolee  or  inmate,  subject  to the
provisions of section  18-7,  shall  be subject to
loss of all or any portion of time earned.
    (c) ANY PERSON  WHO,  DURING  THE SERVICE OF A
PERIOD OF SPECIAL  PAROLE  IMPOSED  IN  ACCORDANCE
WITH SUBDIVISION (9) OF SECTION 53a-28, AS AMENDED
BY SECTION 2 OF THIS ACT, HAS BEEN RETURNED TO THE
CUSTODY OF THE  COMMISSIONER  OF CORRECTION OR ANY
INSTITUTION OF THE  DEPARTMENT  OF  CORRECTION FOR
VIOLATION OF HIS  PAROLE,  MAY  BE RETAINED IN THE
INSTITUTION FROM WHICH HE WAS PAROLED FOR A PERIOD
EQUAL TO THE  UNEXPIRED  PORTION  OF THE PERIOD OF
SPECIAL PAROLE. THE  TOTAL  LENGTH  OF THE TERM OF
INCARCERATION AND TERM  OF SPECIAL PAROLE COMBINED
SHALL  NOT  EXCEED   THE   MAXIMUM   SENTENCE   OF
INCARCERATION AUTHORIZED FOR THE OFFENSE FOR WHICH
THE PERSON WAS CONVICTED.
    Sec. 5. This  act  shall  take  effect July 1,
1998, except that  sections  2  to  4,  inclusive,
shall take effect October 1, 1998.

Approved June 8, 1998