Connecticut Seal

General Assembly

Amendment

 

February Session, 2004

LCO No. 4442

   
 

*HB0521104442HDO*

Offered by:

 

REP. DYSON, 94th Dist.

REP. LAWLOR, 99th Dist.

REP. DIAMANTIS, 79th Dist.

 

To: Subst. House Bill No. 5211

File No. 528

Cal. No. 366

"AN ACT CONCERNING PRISON OVERCROWDING. "

In line 5, after "Correction" insert ", for administrative purposes only"

After line 88, add the following:

"(f) The Board of Pardons and Paroles shall have independent decision-making authority to (1) grant or deny parole in accordance with sections 54-125, 54-125a, as amended by this act, 54-125e, as amended by this act, and 54-125g, (2) establish conditions of parole or special parole supervision in accordance with section 54-126, (3) rescind or revoke parole or special parole in accordance with sections 54-127 and 54-128, as amended by this act, (4) grant commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death in accordance with section 18-26.

(g) The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the Board of Pardons and Paroles during such person's period of parole or special parole."

In line 89, strike "(f)" and insert in lieu thereof "(h)"

In line 95, strike "(g)" and insert in lieu thereof "(i)"

In line 103, strike "(h)" and insert in lieu thereof "(j)"

In line 131, strike "(i)" and insert in lieu thereof "(k)"

In line 137, strike "(j)" and insert in lieu thereof "(l)"

In line 151, strike "(k)" and insert in lieu thereof "(m)"

In line 155, strike "(l)" and insert in lieu thereof "(n)"

In line 193, insert an opening bracket before "in" and insert a closing bracket after "control" and after the closing bracket insert "under the jurisdiction"

In line 199, insert an opening bracket before "such" and insert a closing bracket after "panel" and after the closing bracket insert "the board and the Commissioner of Correction"

In line 251, after the period insert "An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall reassess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. After hearing, if the board determines that continued confinement is necessary, it shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. The decision of the board under this subsection shall not be subject to appeal."

In line 256, after the period insert "An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall assess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. After hearing, if the board determines that continued confinement is necessary, it shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. The decision of the board under this subsection shall not be subject to appeal."

In line 291, after "transferred" insert an opening bracket

In line 292, after "Correction" insert a closing bracket

In line 326, after "to" strike "the" and insert in lieu thereof "a correctional institution"

In line 327, strike "custody of the Commissioner of Correction"

In line 338, after "statutes," insert "or"

In line 340, strike "or who has been released on parole in accordance"

Strike line 341 in its entirety

In line 342, strike "amended by this act,"

In line 381, after "to" insert an opening bracket

In line 382, after "or" insert a closing bracket

Strike lines 396 to 404, inclusive, and insert the following in lieu thereof:

"established by the board. Any person released from confinement pursuant to this section shall be transferred to the jurisdiction of the chairperson of the Board of Parole. Such person shall remain in the custody of the Commissioner of Correction during the period of such release and employees of the Department of Correction shall be responsible for the supervision of such person while such person is residing at such halfway house, group home, mental health facility or community or private residence. Such person may, at any time, be returned to confinement in a correctional facility. "

In line 416, strike "be" and insert the following in lieu thereof "remain in the custody of the commissioner and shall be supervised by employees of the department"

Strike line 417 in its entirety

In line 418, strike "commissioner"

After line 790, add the following and renumber the remaining sections accordingly:

"Sec. 23. (Effective from passage) The Legislative Program Review and Investigations Commission shall conduct a study to: (1) Determine the impact, if any, of laws requiring the imposition of a mandatory minimum sentence on the demand for prison beds in this state, (2) evaluate the actual versus the intended impact of mandatory minimum sentences on the overall sentencing policy of the state, and (3) estimate the cost of mandatory minimum sentences and proposed sentencing changes. The committee shall submit its findings and recommendations to the joint standing committee on the judiciary not later than January 1, 2006. "

In line 855, strike "staff of"

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 54-124c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes, [on and after July 1, 1994, the Board of Parole] the Department of Correction shall be responsible for the supervision of all persons released from confinement in a correctional institution or facility into the community, [except persons released pursuant to section 18-100c,] until their sentence to the custody of the Commissioner of Correction is completed.

Sec. 502. Section 18-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Correction shall administer, coordinate and control the operations of the department and shall be responsible for the overall supervision and direction of all institutions, facilities and activities of the department. [He] The commissioner shall establish rules for the administrative practices and custodial and rehabilitative methods of said institutions and facilities in accordance with recognized correctional standards. [He] The commissioner shall establish, develop and maintain noninstitutional, community-based service programs. [He] The commissioner shall be responsible for the supervision of persons released on parole by the Board of Parole and shall act as administrator of the Interstate Compact for Adult Offender Supervision. The commissioner shall be responsible for establishing disciplinary, diagnostic, classification, treatment, vocational and academic education, research and statistics, training and development services and programs throughout the department. Subject to the provisions of chapter 67, the commissioner shall appoint such professional, technical and other personnel as may be necessary for the efficient operation of the department. The commissioner shall organize and operate interinstitutional programs for the development and training of institution and facility staffs. [He] The commissioner shall provide for the services of such chaplains as are necessary to minister to the needs of the inmates of department institutions and facilities. [He] The commissioner shall, within available appropriations for such purpose, arrange for provision of legal assistance of a civil nature to indigent inmates of department institutions and facilities and legal representation for such inmates before administrative boards where permitted or constitutionally required. "