Connecticut Seal

General Assembly

Amendment

 

January Session, 2013

LCO No. 8541

   
 

*SB0098308541SDO*

Offered by:

 

SEN. DOYLE, 9th Dist.

REP. GUERRERA, 29th Dist.

SEN. FONFARA, 1st Dist.

SEN. CASSANO, 4th Dist.

SEN. MEYER, 12th Dist.

SEN. SLOSSBERG, 14th Dist.

SEN. HARTLEY, 15th Dist.

SEN. CRISCO, 17th Dist.

SEN. MAYNARD, 18th Dist.

SEN. OSTEN, 19th Dist.

SEN. STILLMAN, 20th Dist.

SEN. MUSTO, 22nd Dist.

SEN. DUFF, 25th Dist.

To: Subst. Senate Bill No. 983

File No. 647

Cal. No. 484

"AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING UNCLASSIFIED FELONIES. "

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

"Sec. 501. Section 18-100i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Correction, at the commissioner's discretion, may release an inmate from the commissioner's custody, except an inmate convicted of a violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-90a, 53a-196a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f, a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012, for placement in a licensed community-based nursing home under contract with the state for the purpose of providing palliative and end-of-life care to the inmate if the medical director of the Department of Correction determines that the inmate is suffering from a terminal condition, disease or syndrome [, or] and is so debilitated or incapacitated by [a terminal] such condition, disease or syndrome as to (1) require continuous palliative or end-of-life care, [or] and (2) be physically incapable of presenting a danger to society.

(b) The Commissioner of Correction [may] shall require as a condition of release under subsection (a) of this section that the medical director conduct periodic medical review and diagnosis of the inmate during such release. An inmate released pursuant to subsection (a) of this section shall be returned to the custody of the Commissioner of Correction if the medical director determines that the inmate no longer meets the criteria for release under subsection (a) of this section or if the inmate violates any condition of such release.

(c) Any inmate released from the custody of the Commissioner of Correction pursuant to subsection (a) of this section shall be supervised in the community at all times by employees of the Department of Correction who have training and experience in providing security in correctional institutions.

(d) On and after the effective date of this section, the Commissioner of Correction shall not place any inmate in a licensed community-based nursing home pursuant to subsection (a) of this section until such time as the local zoning authority for the town in which such home is located has determined that such home is in compliance with local zoning regulations.

(e) For the purposes of this section, "inmate" means any person being supervised by the Department of Correction in a correctional facility or in the community.

Sec. 502. (NEW) (Effective from passage) On and after the effective date of this section, the Commissioner of Mental Health and Addiction Services shall not place any person with psychiatric disabilities who is a patient at a state-operated facility in a licensed community-based nursing home until such time as the local zoning authority for the town in which such home is located has determined that such home is in compliance with local zoning regulations. For the purposes of this section, "person with psychiatric disabilities" and "state-operated facility" have the same meanings as provided in section 17a-458 of the general statutes. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

from passage

18-100i

Sec. 502

from passage

New section