Connecticut Seal

General Assembly

 

Governor's Bill No. 14

February Session, 2018

 

LCO No. 246

 

*00246__________*

Referred to Committee on JUDICIARY

 

Introduced by:

 

SEN. LOONEY, 11th Dist.

SEN. DUFF, 25th Dist.

REP. ARESIMOWICZ, 30th Dist.

REP. RITTER M., 1st Dist.

 

AN ACT CONCERNING SPECIAL PAROLE FOR HIGH-RISK, VIOLENT AND SEXUAL OFFENDERS.

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

Section 1. Section 54-91a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) No defendant convicted of a crime, other than 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, the punishment for which may include imprisonment for more than one year, may be sentenced, or the defendant's case otherwise disposed of, until a written report of investigation by a probation officer has been presented to and considered by the court, if the defendant is so convicted for the first time in this state or upon any conviction of a felony involving family violence pursuant to section 46b-38a for which the punishment may include imprisonment; but any court may, in its discretion, order a presentence investigation for a defendant convicted of any crime or offense other than 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.

(b) A defendant who is convicted of a crime and is not eligible for sentence review pursuant to section 51-195 may, with the consent of the sentencing judge and the prosecuting official, waive the presentence investigation, except that the presentence investigation may not be waived when the defendant is convicted of a felony involving family violence pursuant to section 46b-38a and the punishment for which may include imprisonment.

(c) Whenever an investigation is required, the probation officer shall promptly inquire into the circumstances of the offense, the attitude of the complainant or victim, or of the immediate family where possible in cases of homicide, and the criminal record, social history and present condition of the defendant. Such investigation shall include an inquiry into any damages suffered by the victim, including medical expenses, loss of earnings and property loss. All local and state police agencies shall furnish to the probation officer such criminal records as the probation officer may request. When in the opinion of the court or the investigating authority it is desirable, such investigation shall include a physical and mental examination of the defendant. If the defendant is committed to any institution, the investigating agency shall send the reports of such investigation to the institution at the time of commitment.

(d) No court may sentence a defendant convicted of a crime to a period of special parole until a written report of investigation by a probation officer has been presented to and considered by the court. The probation officer shall conduct such investigation in accordance with subsection (c) of this section and additionally investigate or assess and include in such written report (1) the defendant's history of violations of probation or parole, (2) the likelihood that the defendant will be granted parole pursuant to section 54-125a, prior to the expiration of the sentence of incarceration, (3) the risk posed to public safety by the release of the defendant from incarceration, as assessed under the system developed in accordance with section 54-108b, and (4) whether the defendant could be supervised in the community by the Office of Adult Probation in a manner that would adequately ensure public safety.

[(d)] (e) Any information contained in the files or report of an investigation pursuant to this section shall be available to the Court Support Services Division for the purpose of performing the duties contained in section 54-63d and to the Department of Mental Health and Addiction Services for purposes of diagnosis and treatment.

Sec. 2. Subsection (c) of section 54-125e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(c) The period of special parole shall be not less than one year or more than [ten] two years, except that such period [may be for] shall be not less than one year or more than ten years for a person convicted of a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous felony offender pursuant to subsection (i) of section 53a-40 or as a persistent serious felony offender pursuant to subsection (k) of section 53a-40.

Sec. 3. Section 54-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

If it appears to the appropriate panel of the Board of Pardons and Paroles that any convict or inmate on parole or eligible for parole or on special parole will lead an orderly life, said panel, by a unanimous vote of all the members present at any regular meeting [thereof] of the panel, may declare such convict or inmate discharged from the custody of the Commissioner of Correction and shall thereupon deliver to him a written certificate to that effect under the seal of the Board of Pardons and Paroles and signed by its chairman and the commissioner.

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

Section 1

October 1, 2018

54-91a

Sec. 2

October 1, 2018

54-125e(c)

Sec. 3

October 1, 2018

54-129

Statement of Purpose:

To implement the Governor's budget recommendations.

[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.]