AN ACT CONCERNING SENTENCE MODIFICATION FOR JUVENILES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) (a) The Connecticut Sentencing Commission shall examine the feasibility of establishing a process that allows a person sentenced to a lengthy term of imprisonment for a crime committed when the person was under the age of eighteen to have a meaningful opportunity, after service of a portion of the term of imprisonment, to petition to have such sentence reduced and be released prior to the end of that term by demonstrating rehabilitation and increased maturity.

(b) If the commission determines that such process should be established, the commission shall examine and determine:

(1) Whether the proceedings should be before the superior court, the Board of Pardons and Paroles or other agency;

(2) Whether counsel should be appointed for the petitioner;

(3) Whether such release should be applicable to any offense committed by a person under the age of eighteen;

(4) Whether parties should have a reasonable opportunity to present testimony;

(5) Whether the petitioner should have more than one opportunity for a hearing;

(6) The scope of such hearings;

(7) The standard for granting sentence reduction; and

(8) The period of imprisonment such person should serve before being eligible to petition for sentence reduction.

(c) Not later than January 2, 2013, the Connecticut Sentencing Commission shall submit a report on such examination and determinations to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. Such report shall be submitted in accordance with section 11-4a of the general statutes, and shall identify any amendments to sections 53a-35a, 53a-39, 53a-46a and 54-125a of the general statutes that may be necessary to implement such recommendations.

Statement of Purpose:

To require the Connecticut Sentencing Commission to examine and make recommendations regarding sentence modification for persons imprisoned for lengthy sentences based on offenses committed as juveniles.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]