Chapter 325 - Department of Correction

Sec. 18-78a. Applicability of Uniform Administrative Procedure Act to department. Exceptions. (a)(1) The provisions of chapter 54 shall apply to the Department of Correction, except that in adopting regulations in regard to riot control procedures, security and emergency procedures, disciplinary action or classification the Department of Correction shall not be required to follow the procedures in sections 4-168, 4-168a, 4-168b, 4-172, 4-173, 4-174 and 4-176. The Attorney General, the legislative regulation review committee and the General Assembly, in complying with their duties in accordance with sections 4-169, 4-170 and 4-171, shall not make such regulations in regard to riot control procedures and security and emergency procedures public.

(2) Not later than January 1, 1998, the Commissioner of Correction shall submit all regulations, as defined in section 4-166, concerning disciplinary action or classification adopted prior to October 1, 1997, to the legislative regulation review committee at the designated office of the committee, and such regulations shall be available for public inspection at said office.

(3) The Commissioner of Correction shall submit all regulations concerning disciplinary action or classification adopted on or after October 1, 1997, to the legislative regulation review committee at the designated office of the committee not later than seven business days after the adoption thereof, and such regulations shall be available for public inspection at said office.

(4) Any regulation, as defined in section 4-166, concerning riot control, security and emergency procedures, disciplinary action, classification or out-of-state transfers which was adopted by the Department of Correction prior to October 1, 1997, and which is otherwise valid except that such regulation was not adopted in accordance with chapter 54, is validated, and shall be deemed to have been adopted in compliance with chapter 54.

(b) In cases involving disciplinary action, classifications and out-of-state transfers, the Department of Correction shall not be required to follow the procedures of sections 4-176e to 4-182, inclusive, provided all procedural safeguards are afforded at such hearings to insure due process of law.

(c) The Department of Correction may, in granting an opportunity for hearing requested by any prisoner or inmate pursuant to section 4-168, reasonably restrict the time, location and frequency of such hearings.

(P.A. 74-177, S. 1–3; P.A. 88-317, S. 77, 107; P.A. 97-168.)

History: P.A. 88-317 amended references in Subsec. (a) to Ch. 54 and Secs. 4-168, 4-172, 4-173, 4-174 and 4-176 and amended reference in Subsec. (b) to Secs. 4-177 to 4-182, to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 97-168 amended Subsec. (a) by designating existing provisions as Subdiv. (1), amending said Subdiv. (1) to exempt the adoption of regulations in regard to “security and emergency procedures, disciplinary action or classification” from the specified statutory procedures, add the reference to Sec. 4-168b and provide that the prohibition on making the regulations public is applicable to regulations “in regard to riot control procedures and security and emergency procedures”, adding new Subdiv. (2) to require the submission of regulations concerning disciplinary action or classification adopted prior to October 1, 1997, to the legislative regulation review committee, adding new Subdiv. (3) to require the submission of regulations concerning disciplinary action or classification adopted on or after October 1, 1997, to the legislative regulation review committee, and adding new Subdiv. (4) to validate regulations concerning riot control, security and emergency procedures, disciplinary action, classification or out-of-state transfers adopted prior to October 1, 1997.

Cited. 171 C. 691; 186 C. 153.

Sec. 18-78b. Victim Services Unit. Duties and responsibilities. There is established a Victim Services Unit within the Department of Correction. The duties and responsibilities of the unit shall include, but not be limited to: (1) Receiving notices pursuant to section 54-227 from inmates applying for release or sentence reduction or review, persons applying for exemption from the registration requirements of section 54-251 and persons filing a petition for an order restricting the dissemination of registration information or removing such restriction pursuant to section 54-255, (2) receiving requests for notification from victims of crime or members of an inmate's immediate family pursuant to section 54-228, and receiving notices of changes of address from victims pursuant to said section, (3) receiving requests for notification from prosecuting officials pursuant to section 54-229, and (4) notifying persons pursuant to section 54-230a who have requested to be notified pursuant to section 54-228 or 54-229.

(P.A. 05-146, S. 7.)

Sec. 18-79. Council of Correction. Section 18-79 is repealed.

(1967, P.A. 152, S. 2; P.A. 74-150, S. 3; P.A. 77-614, S. 609, 610.)

Sec. 18-80. Commissioner. In accordance with the provisions of sections 4-5 to 4-8, inclusive, the Governor shall appoint a Commissioner of Correction who shall be the administrative head of the department. Said commissioner shall be an experienced correctional administrator. He shall devote his entire time to the duties of his office.

(1967, P.A. 152, S. 3; P.A. 77-614, S. 270, 610.)

History: P.A. 77-614 deleted reference to consultation with council of correction, effective January 1, 1979.

Sec. 18-81. Duties of commissioner. 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. 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. The commissioner shall establish, develop and maintain noninstitutional, community-based service programs. The commissioner shall be responsible for the supervision of persons released on parole by the Board of Pardons and Paroles. 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. 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. 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.

(1967, P.A. 152, S. 5; P.A. 77-24; 77-526, S. 1, 2; 77-614, S. 271, 610; P.A. 80-200, S. 2, 7; P.A. 93-219, S. 9, 14; P.A. 04-234, S. 2, 33; P.A. 13-164, S. 1.)

History: P.A. 77-24 allowed commissioner to appoint designees to act for him; P.A. 77-526 added commissioner's duty to arrange for legal assistance for indigent inmates; P.A. 77-614 deleted reference to consultation with council of correction in establishing rules, effective July 1, 1979; P.A. 80-200 required commissioner to establish, develop and maintain noninstitutional, community-based service programs; P.A. 93-219 deleted responsibility of commissioner to supervise parolees and act as administrator of the interstate compact for parole and probation supervision, reflecting transfer of said responsibilities to board of parole, effective July 1, 1994; P.A. 04-234 added provision requiring commissioner to be responsible for the supervision of persons released on parole and to act as administrator of the Interstate Compact for Adult Offender Supervision and made technical changes for purposes of gender neutrality, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 13-164 deleted provision requiring commissioner to act as administrator of the Interstate Compact for Adult Offender Supervision, effective July 1, 2013.

See Secs. 20-14h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.

The statutory mechanism by which the department imposes sanctions is intended by the legislature to be civil in nature. 168 CA 19.

Commissioner's extremely broad discretion under section must be accommodated with rule that prisoner retains basic constitutional rights; habeas corpus provides only practical access of prisoner to courts. 34 CS 89.

Sec. 18-81a. Habeas corpus for person in custody of commissioner. Whenever any writ of habeas corpus ad testificandum or ad prosequendum or ad respondendum has been issued at the request of a prosecuting attorney or state's attorney for any person in the custody of the Commissioner of Correction, said commissioner shall either arrange to transport, produce and maintain custody of such person, or said commissioner, with the consent of another state or municipal agency, may arrange to place the person in the charge of such other state or municipal agency which will transport, produce and maintain custody of such person, to, from and at the place specified in such writ.

(1971, P.A. 49, S. 2.)

Cited. 229 C. 125.

Sec. 18-81b. Informational and educational experiences for the public. The Commissioner of Correction may provide to the public such informational and educational experiences as are consonant with the department's mission and goals and when such experiences necessitate the expending of funds said commissioner shall require the recipients of said informational and educational experiences to compensate the department.

(P.A. 76-119.)

Sec. 18-81c. Community Partners in Action: Office space and telephone service. The Commissioner of Correction shall provide office space and telephone service for Community Partners in Action.

(P.A. 81-99; P.A. 15-14, S. 38.)

History: P.A. 15-14 substituted “Community Partners in Action” for “the Connecticut Prison Association”.

See Sec. 54-131 re duties of Community Partners in Action.

Sec. 18-81d. Medical and dental treatment of inmates under age of eighteen. (a) When he deems it in the best interest of any inmate under the age of eighteen committed to the custody of the Commissioner of Correction, the commissioner or his designee may authorize medical or dental treatment, including surgery and oral surgery, to insure the continued good health of such inmate. Any such authorization for medical treatment or surgery shall be made on the advice of a physician licensed to practice in the state under the provisions of chapter 370, except that if any such surgery is not of an emergency nature, the advice of two such physicians shall be required. Any such authorization for dental treatment or oral surgery shall be made on the advice of a dentist licensed to practice in the state under the provisions of chapter 379, except that if any such oral surgery is not of an emergency nature the advice of two such dentists shall be required.

(b) Prior to such authorization, the commissioner shall exercise due diligence to obtain the consent of the parents or guardian of such inmate for such treatment or surgery, and in all cases shall send notice to the parents or guardian by letter to their last-known address informing them of the actions taken, of their necessity and of the outcome. In any case where the commissioner fails to notify such parents or guardian, such failure will not affect the validity of the authorization. All costs incurred for any such treatment or surgery shall be paid by the state.

(P.A. 85-295.)

Sec. 18-81e. Notification of victim of release of inmate from correctional facility. (a) For the purposes of this section, “victim” includes the legal representative of the victim or a member of the deceased victim's immediate family.

(b) Upon the release of any person from a correctional facility, whether at the scheduled termination date of a determinate sentence or prior to such date on account of the transfer of such person to a public or private nonprofit halfway house, group home or mental health facility or approved community residence pursuant to section 18-100, the reduction of such sentence due to good conduct and obedience to rules or receipt of an outstandingly meritorious performance award, or any other early release provision, the Commissioner of Correction or his designee shall notify any victim of the crime for which such person is incarcerated of such person's release if such victim has requested notification and provided the commissioner with a current address.

(P.A. 85-566, S. 3; P.A. 88-278, S. 2; P.A. 95-152, S. 2.)

History: P.A. 88-278 added provision in Subsec. (b) re release of person prior to scheduled date as result of prison overcrowding emergency, transfer to halfway house, group home, mental health facility or community residence, reduction of sentence due to good conduct or meritorious service award or other early release provision; P.A. 95-152 amended Subsec. (b) to delete the provision re the release of a person on account of “the declaration of a prison overcrowding emergency pursuant to section 18-87f”, reflecting the repeal of said section by the same public act.

See Secs. 54-226 to 54-231, inclusive, re procedure for notification of victim when inmate seeks release or is scheduled to be released from correctional institution.

Sec. 18-81f. Notification of municipal official concerning status of temporary detention facility. The Commissioner of Correction or his designee shall provide written notice to the chief executive officer of any municipality not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and a public agency concerning a temporary detention facility located in such municipality, and (2) the effective date of any new or additional terms to any existing agreement between the Department of Correction and a public agency concerning a temporary detention facility located in such municipality. The commissioner shall specify in such notice the action taken or planned under subdivision (1) or (2) of this section which necessitated the giving of such notice. For the purposes of this section, “temporary detention facility” means any correctional center, institution or facility operated for a specific period of time by the Department of Correction for the confinement of inmates or prisoners.

(P.A. 87-538, S. 4, 5.)

Sec. 18-81g. (Formerly Sec. 17a-645). Community-based treatment facility for female offenders. The Department of Correction shall, within the available appropriations of the Department of Correction, establish a fifteen-bed segregated, community-based alcohol and drug treatment facility targeted solely for female offenders.

(P.A. 89-390, S. 33, 37; P.A. 93-381, S. 23, 39.)

History: P.A. 93-381 deleted reference to Connecticut alcohol and drug abuse commission, and added the words “of correction” in the phrase “within the available appropriations of the department of correction” effective July 1, 1993; Sec. 17a-645 transferred to Sec. 18-81g in 1995.

Sec. 18-81h. Public safety committees established in municipalities with correctional facilities. Reports. (a) Each municipality in which a correctional facility is located may establish a public safety committee. Each committee established under this subsection shall be composed of the warden of the correctional facility that is located in the municipality, or the warden's designee, and representatives appointed by the chief elected official of the municipality. Each committee shall meet not less than annually and at such other times as the committee deems necessary to review correctional safety and security issues and reentry efforts for offenders which affect the host municipality. If a public safety committee is established in accordance with the provisions of this subsection, the warden of the correctional facility located in the municipality shall attend at least one meeting of such committee on an annual basis.

(b) On or before November 1, 1995, and annually thereafter, each public safety committee established under subsection (a) of this section shall submit a report, in accordance with the provisions of section 11-4a, to the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to public safety and the judiciary which outlines issues of concern in each municipality in which a correctional facility is located and makes recommendations to mitigate such concerns.

(P.A. 93-219, S. 12, 14; P.A. 95-251, S. 1; P.A. 21-85, S. 3.)

History: P.A. 93-219 effective July 1, 1993; P.A. 95-251 amended Subsec. (b) to change report deadline from July 1, 1994, to November 1, 1995, and to require reports by public safety committees rather than Department of Correction; P.A. 21-85 amended Subsec. (a) to provide that a municipality rather than the Department of Correction may establish a public safety committee, deleted “or superintendent”, added “that is located in the municipality, or the warden's designee”, substituted “annually and at such other times as the committee deems necessary” for “quarterly”, added the committee review reentry efforts for offenders, added that warden attend at least one meeting annually, amended Subsec. (b) to provide that reporting be in accordance with Sec. 11-4a and added committee having cognizance of matters related to the judiciary and made technical changes.

Sec. 18-81i. Storage of weapons. (a) Any firearm, ammunition or deadly weapon owned by the Department of Correction shall be stored in a secure location on Department of Correction property.

(b) The Commissioner of Correction shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, defining “secure location”.

(July Sp. Sess. P.A. 94-1, S. 18; P.A. 01-51.)

History: P.A. 01-51 designated existing provisions as Subsec. (a) and amended it to replace requirement that any firearm, ammunition or deadly weapon “only be stored in a secure location on the grounds of a correctional facility with a security rating of level three or higher” with requirement that any such weapon “be stored in a secure location on Department of Correction property” and added Subsec. (b) re the adoption of regulations to implement section.

Sec. 18-81j. Annual notification of municipal official in municipalities with correctional facilities concerning capacity and inmate population in facility. On or before November 1, 1995, and annually thereafter, the Commissioner of Correction shall notify the chief elected official in each municipality in which a correctional facility is located of the actual capacity and inmate population of such facility at that time.

(P.A. 95-251, S. 2.)

Sec. 18-81k. Maintenance of good relations between department and communities surrounding correctional facilities. The Commissioner of Correction shall develop a policy to ensure that the maintenance of good relations between the department and the communities surrounding correctional facilities is a high priority of the Department of Correction. The policy shall require the periodic conduct of educational programs and forums in the host communities to address the concerns of the communities.

(P.A. 95-251, S. 5.)

Sec. 18-81l. Criminal history records checks of correctional personnel. The Department of Correction shall (1) require each applicant for a position that will involve direct contact with inmates to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of such person's application, and (2) require each applicant to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a.

(P.A. 95-251, S. 4; P.A. 96-180, S. 133, 166; June Sp. Sess. P.A. 98-1, S. 48, 121; P.A. 01-175, S. 13, 32.)

History: P.A. 96-180 made a technical change, effective June 3, 1996; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998; P.A. 01-175 made technical changes for the purposes of gender neutrality, replaced provisions re criminal history records checks conducted by the department, fingerprinting and fee with provision re state and national criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001.

Sec. 18-81m. Notification re existence of standing criminal protective order upon release. When any person against whom a standing criminal protective order has been issued pursuant to subsection (a) of section 53a-40e is released from confinement in a correctional institution, the Commissioner of Correction shall notify such person of the existence of the standing criminal protective order against him, the terms of the order and the penalty for violation of the order and the commissioner shall provide such person with a copy of the order. If such person is released on parole or probation, the parole or probation officer shall, at the end of such term of parole or probation, remind such person of the existence of the standing criminal protective order against him, the terms of the order and the penalty for violation of the order and the parole or probation officer shall provide such person with a copy of the order.

(P.A. 96-228, S. 3; P.A. 10-144, S. 10.)

History: P.A. 10-144 substituted “standing criminal protective order” for “standing criminal restraining order”.

Sec. 18-81n. Notification of municipal official concerning agreement for medical care of inmates. The Commissioner of Correction, or his designee, shall provide written notice to the chief executive officer of a municipality not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and a public or private hospital or other health care facility located in such municipality concerning the ongoing provision of inpatient or outpatient nonemergency medical services to inmates or prisoners; and (2) the effective date of any new or additional terms to any such existing agreement. The notice required pursuant to this section shall specify the action taken or planned under subdivision (1) or (2) of this section, including security measures and procedures for cooperation with local police officials. The chief executive officer may hold a public hearing on any notice pursuant to this section, file written comments with the commissioner and designate a representative of the municipality who shall act as liaison to the department for the period of time that any agreement subject to this section remains in effect.

(P.A. 97-245, S. 3.)

Sec. 18-81o. Notification of municipal official and public safety committee concerning agreement for placement of persons in correctional facility. The Commissioner of Correction or his designee shall provide written notice to the chief executive officer of a municipality and any public safety committee established pursuant to section 18-81h not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and any public agency other than a state agency concerning the placement, custody or care in a correctional facility in such municipality of persons under the jurisdiction of such agency, and (2) the effective date of any new or additional terms to any such existing agreement. The notice required pursuant to this section shall specify the action planned under subdivision (1) or (2) of this section, including security measures and procedures for cooperation with local police officials. The chief executive officer or public safety committee may hold a public hearing on any notice provided pursuant to this section and may file written comments with the commissioner.

(P.A. 97-245, S. 4.)

Sec. 18-81p. Review of substance use disorder, screening, diagnostic and treatment services and mental health screening, diagnostic and treatment services. The Commissioner of Correction, in consultation with the Department of Mental Health and Addiction Services and the Judicial Department, shall annually review, evaluate and make recommendations concerning (1) substance use disorder screening, diagnostic and treatment services that are available to individuals who are incarcerated during the entirety of any period of incarceration; (2) mental health screening, diagnostic and treatment services that are available to individuals who are incarcerated during the entirety of any period of incarceration; and (3) the reintegration of such individuals into the community. On or before January 1, 2023, and annually thereafter, the Commissioner of Correction shall report on such review, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, public health and appropriations and the budgets of state agencies.

(P.A. 97-248, S. 2, 12; P.A. 22-118, S. 207.)

History: P.A. 97-248 effective July 1, 1997; P.A. 22-118 substantially revised existing provisions to require commissioner to annually review substance use disorder screening, diagnostic and treatment services and mental health screening, diagnostic and treatment services that are available to incarcerated individuals and to annually report to the General Assembly on such review, effective May 7, 2022.

Sec. 18-81q. Return of unused prescription drugs dispensed in correctional facilities to vendor pharmacies. Requirements. Regulations. (a) Each correctional institution shall return to the vendor pharmacy which shall accept, for repackaging and reimbursement to the Department of Correction, drug products that were dispensed to a patient and not used if such drug products are (1) prescription drug products that are not controlled substances, (2) sealed in individually packaged units, (3) returned to the vendor pharmacy within the recommended period of shelf life for the purpose of redispensing such drug products, (4) determined to be of acceptable integrity by a licensed pharmacist, and (5) oral and parenteral medication in single-dose sealed containers approved by the federal Food and Drug Administration, topical or inhalant drug products in units of use containers approved by the federal Food and Drug Administration or parenteral medications in multiple-dose sealed containers approved by the federal Food and Drug Administration from which no doses have been withdrawn.

(b) Notwithstanding the provisions of subsection (a) of this section:

(1) If such drug products are packaged in manufacturer's unit-dose packages, such drug products shall be returned to the vendor pharmacy for redispensing and reimbursement to the Department of Correction if such drugs may be redispensed for use before the expiration date, if any, indicated on the package.

(2) If such drug products are repackaged in manufacturer's unit-dose or multiple-dose blister packs, such drug products shall be returned to the vendor pharmacy for redispensing and reimbursement to the Department of Correction if (A) the date on which such drug product was repackaged, such drug product's lot number and expiration date are indicated clearly on the package of such repackaged drug; (B) ninety days or fewer have elapsed from the date of repackaging of such drug product; and (C) a repackaging log is maintained by the pharmacy in the case of drug products repackaged in advance of immediate needs.

(3) No drug products dispensed in a bulk dispensing container may be returned to the vendor pharmacy.

(c) The Department of Correction shall establish procedures for the return of unused drug products to the vendor pharmacy from which such drug products were purchased.

(d) The Department of Correction shall reimburse to the vendor pharmacy the reasonable cost of services incurred in the operation of this section, as determined by the Commissioner of Correction.

(e) The Department of Consumer Protection, in consultation with the Department of Correction, shall adopt regulations, in accordance with the provisions of chapter 54, which shall govern the repackaging and labeling of drug products returned pursuant to subsections (a) and (b) of this section. The Department of Consumer Protection shall implement the policies and procedures necessary to carry out the provisions of this section until January 1, 2003, while in the process of adopting such policies and procedures in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days after implementation.

(June Sp. Sess. P.A. 01-9, S. 27, 131; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

History: June Sp. Sess. P.A. 01-9 effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Sec. 18-81r. Ombudsman services. Section 18-81r is repealed, effective May 7, 2010.

(June Sp. Sess. P.A. 01-9, S. 76, 131; May 9 Sp. Sess. P.A. 02-7, S. 105; June Sp. Sess. P.A. 05-3, S. 60; P.A. 06-196, S. 145; P.A. 10-179, S. 158.)

Sec. 18-81s. Pilot program for debit account telephone system. Section 18-81s is repealed, effective July 8, 2019.

(P.A. 02-104, S. 1; P.A. 03-106, S. 2; P.A. 19-167, S. 2.)

Sec. 18-81t. Quarterly report on disciplinary reports, inmate assaults, workers' compensation claims and inmate population density for each correctional facility. (a) Not later than thirty days after September 30, 2009, and not later than thirty days after the close of each calendar quarter of each fiscal year thereafter, the Commissioner of Correction shall submit, to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and labor and public employees, a report containing: (1) The number of inmate disciplinary reports for each correctional facility filed during such calendar quarter; (2) the number of inmate assaults on custodial staff reported for each correctional facility during such calendar quarter; (3) the number of inmate assaults on other inmates reported for each correctional facility during such calendar quarter; (4) the number of workers' compensation claims filed by custodial staff for each correctional facility during such calendar quarter; (5) the average number of inmates for each correctional facility during such calendar quarter; (6) the average number of permanent beds for each correctional facility during such calendar quarter; and (7) the inmate population density for each correctional facility during such calendar quarter. Said committees may hold a public hearing on any such report.

(b) If, during any calendar quarter, (1) the number of disciplinary reports, assaults or workers' compensation claims reported in accordance with subsection (a) of this section has increased by more than five per cent from the number of such disciplinary reports, assaults or workers' compensation claims reported for the preceding calendar quarter or for the same calendar quarter of the preceding fiscal year, or (2) the inmate population density for a correctional facility reported in accordance with subsection (a) of this section has increased by more than ten per cent from the inmate population density reported for the preceding calendar quarter or for the same calendar quarter of the preceding fiscal year, the commissioner shall include in the report submitted in accordance with subsection (a) of this section an explanation for such increase and a general description of the measures to be taken by the Department of Correction to address such increase.

(c) For the purposes of this section, “inmate population density” means the average number of inmates for a correctional facility divided by the average number of permanent beds for such correctional facility.

(P.A. 04-146, S. 1; P.A. 09-39, S. 1; P.A. 10-36, S. 1.)

History: P.A. 04-146 effective May 21, 2004; P.A. 09-39 amended Subsec. (a) to change “June 30, 2005” to “June 30, 2009”, require in Subdivs. (1) to (4) that the numbers reported be “for each correctional facility”, add Subdivs. (5), (6) and (7) re average number of inmates, average number of permanent beds and inmate population density, and make conforming changes, amended Subsec. (b) to designate existing provision re increase in disciplinary reports, assaults or workers' compensation claims as Subdiv. (1) and add Subdiv. (2) re increase in inmate population density, and added Subsec. (c) to define “inmate population density”, effective July 1, 2009; P.A. 10-36 amended Subsec. (a) to substitute “September 30, 2009” for “the close of the first calendar quarter of the fiscal year ending June 30, 2009” re due date and, in Subdiv. (1), replace “disciplinary reports” with “inmate disciplinary reports”, effective July 1, 2010.

Sec. 18-81u. Use of computer with Internet access by certain inmates prohibited. The Commissioner of Correction shall prohibit any person who has been convicted of a crime that requires registration pursuant to chapter 969 from using a computer with Internet access while such person is in the custody of the commissioner and confined in a correctional facility.

(P.A. 04-139, S. 13; 04-257, S. 126.)

History: P.A. 04-139 effective May 21, 2004; P.A. 04-257 replaced prohibition of “having access to a computer” with “using a computer with Internet access”, effective June 14, 2004.

Sec. 18-81v. Procedures for conducting metal detector searches of visitors. (a) The Commissioner of Correction shall ensure that the following procedures are implemented at each correctional institution in the state:

(1) Any visitor who activates a walk-through metal detector shall be given the opportunity to submit to a search with a portable or hand-held metal detector in order to gain entrance into the correctional institution. If the visitor consents to a search with a portable or hand-held metal detector, the visitor shall be escorted by a correction officer of the same sex to a separate room, restroom or other private location within the correctional institution, where the visitor shall first remove any object or article of clothing that activated the walk-through metal detector and then submit to a portable or hand-held metal detector search. If the portable or hand-held metal detector is not activated during such search, the visitor shall be allowed to reapply the object or article of clothing that activated the walk-through metal detector before exiting the separate room, restroom or other private location where the portable or hand-held metal detector search is conducted and shall be allowed to enter the correctional institution. If the portable or hand-held metal detector is activated during such search, the visitor shall be escorted out of the correctional institution.

(2) Any visitor who consents to a portable or hand-held metal detector search pursuant to subdivision (1) of this subsection in order to visit an inmate of the correctional institution shall be afforded the entire time allotted for such visit, commencing from the time such search is completed and the visitor is cleared for entrance into the correctional institution, except that (A) this subdivision shall not be construed to require a correctional institution to extend or change its regular visiting hours, and (B) the amount of time afforded to any such visitor shall be reduced by the amount of time the visitor is late in arriving for a scheduled visit at the correctional facility.

(b) For purposes of this section, “correctional institution” means the facilities defined in section 1-1 and any other correctional facility established by the Commissioner of Correction.

(P.A. 04-162, S. 1.)

History: P.A. 04-162 effective June 1, 2004.

Sec. 18-81w. Development and implementation of reentry strategy. (a) The Criminal Justice Policy and Planning Division within the Office of Policy and Management shall develop and implement a comprehensive reentry strategy that provides a continuum of custody, care and control for offenders who are being supervised in the community, especially those offenders who have been discharged from the custody of the Department of Correction, and assists in maintaining the prison population at or under the authorized bed capacity. The reentry strategy shall support the rights of victims, protect the public and promote the successful transition of offenders from incarceration to the community by (1) maximizing any available period of community supervision for eligible and suitable offenders, (2) identifying and addressing barriers to the successful transition of offenders from incarceration to the community, (3) ensuring sufficient criminal justice resources to manage offender caseloads, (4) identifying community-based supervision, treatment, educational and other services and programs that are proven to be effective in reducing recidivism among the population served by such services and programs, and (5) establishing employment initiatives for offenders through public and private services and partnerships by reinvesting any savings achieved through a reduction in prison population.

(b) The success of the reentry strategy shall be measured by: (1) The rates of recidivism and community revictimization, (2) the number of inmates eligible for release on parole, transitional supervision, probation or any other release program, (3) the number of inmates who make the transition from incarceration to the community in compliance with a discharge plan, (4) prison bed capacity ratios, (5) the adequacy of the network of community-based treatment, vocational, educational, supervision and other services and programs, and (6) the reinvestment of any savings achieved through a reduction in prison population into reentry and community-based services and programs.

(c) Not later than February 15, 2008, and annually thereafter, the Criminal Justice Policy and Planning Division within the Office of Policy and Management shall submit a report, in accordance with the provisions of section 11-4a, on the success of the reentry strategy based on the measures set forth in subsection (b) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to corrections, public safety and appropriations and the budgets of state agencies.

(P.A. 04-234, S. 2, 29; P.A. 06-193, S. 1; P.A. 07-217, S. 201.)

History: P.A. 04-234 effective June 8, 2004, except that substitution of “Board of Pardons and Paroles” for “Board of Parole” is effective July 1, 2004; P.A. 06-193 amended Subsec. (a) to transfer responsibility for development and implementation of reentry strategy from “Departments of Correction, Mental Health and Addiction Services and Social Services and the Labor Department, the Board of Pardons and Paroles and the judicial branch” to “Criminal Justice Policy and Planning Division within the Office of Policy and Management”, provide that the strategy is for “offenders who are being supervised in the community, especially those offenders who have been discharged from the custody of the Department of Correction” rather than “offenders who are discharged from the custody of the Department of Correction” and add Subdivs. (1) to (5), inclusive, re manner in which goals of reentry strategy shall be achieved and amended Subsec. (c) to transfer responsibility for submitting report from Department of Correction to Criminal Justice Policy and Planning Division within the Office of Policy and Management and change reporting date from not later than January 1, 2005, and annually thereafter, to not later than January 1, 2007, and annually thereafter, effective July 1, 2006; P.A. 07-217 amended Subsec. (c) to change the reporting date from not later than January 1, 2007, and annually thereafter, to not later than February 15, 2008, and annually thereafter, effective July 12, 2007.

Sec. 18-81x. Funds for inmate educational services and reentry program initiatives. Section 18-81x is repealed, effective October 1, 2022.

(P.A. 06-119, S. 1; P.A. 11-51, S. 76; P.A. 21-54, S. 3.)

Sec. 18-81y. Lost property board. The Commissioner of Correction shall establish a lost property board within the Department of Correction to hear and determine any claim by an inmate of a correctional facility who seeks compensation not exceeding three thousand five hundred dollars for lost or damaged personal property. The board shall hear and determine each such claim and may, if it determines the claim is one which in equity and justice the state should pay, award damages. If the board denies a claim in whole or in part, the inmate may, not later than sixty days after such decision, present the claim to the Office of the Claims Commissioner in accordance with section 4-147. The filing of a claim with the lost property board shall toll the time limit for presenting a claim to the Office of the Claims Commissioner pursuant to section 4-148. The Commissioner of Correction may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

(P.A. 05-170, S. 5; P.A. 16-127, S. 27; P.A. 21-85, S. 6.)

History: This section was originally published as Sec. 18-81x in the 2006 Supplement to the General Statutes; P.A. 16-127 substituted “Office of the Claims Commissioner” for “Claims Commissioner”, effective June 9, 2016; P.A. 21-85 made adoption of regulations permissive rather than mandatory, effective June 28, 2021.

Sec. 18-81z. Development of risk assessment strategy. The Department of Correction, the Board of Pardons and Paroles and the Court Support Services Division of the Judicial Branch shall develop a risk assessment strategy for offenders committed to the custody of the Commissioner of Correction that will (1) utilize a risk assessment tool that accurately rates an offender's likelihood to recidivate upon release from custody, and (2) identify the support programs that will best position the offender for successful reentry into the community. Such strategy shall incorporate use of both static and dynamic factors and utilize a gender-responsive approach that recognizes the unique risks and needs of female offenders. In the development of such risk assessment strategy, the department, board and division may partner with an educational institution that has expertise in criminal justice and psychiatry to evaluate risk assessment tools and customize a risk assessment tool to best meet the state's needs. On or before January 1, 2009, and annually thereafter, the department, board and division shall report to the Governor and the joint standing committee of the General Assembly on judiciary, in accordance with section 11-4a, on the development, implementation and effectiveness of such strategy.

(Jan. Sp. Sess. P.A. 08-1, S. 37; P.A. 18-4, S. 6.)

History: Jan. Sp. Sess. P.A. 08-1 effective January 25, 2008; P.A. 18-4 added provision re utilization of gender-responsive approach that recognizes the unique risks and needs of female offenders in Subdiv. (2), and deleted “in this state” re partnership with educational institution.

Sec. 18-81aa. Secure video connections for parole release hearings. Not later than January 1, 2009, the Department of Correction shall provide in each correctional facility a secure video connection to the Board of Pardons and Paroles for the purpose of permitting the board to conduct parole release hearings of offenders by videoconference.

(Jan. Sp. Sess. P.A. 08-1, S. 15.)

History: Jan. Sp. Sess. P.A. 08-1 effective January 25, 2008.

Sec. 18-81bb. Advisory committees established in certain municipalities with correctional facilities. Section 18-81bb is repealed, effective October 1, 2021.

(P.A. 11-148, S. 1; P.A. 21-85, S. 8.)

Sec. 18-81cc. Prevention, detection and monitoring of, and response to, sexual abuse in prisons, jails, correctional centers and juvenile facilities. (a) Any agency of the state or any political subdivision of the state that incarcerates or detains adult or juvenile offenders, including persons detained for immigration violations, shall, within available appropriations, adopt and comply with the applicable standards recommended by the National Prison Rape Elimination Commission for the prevention, detection and monitoring of, and response to, sexual abuse in adult prisons and jails, community correctional centers, juvenile facilities and lockups.

(b) Such standards include, but are not limited to:

(1) Zero tolerance of sexual abuse;

(2) Contracting with other entities for the confinement of inmates or detainees;

(3) Inmate or detainee supervision;

(4) Heightened protection for vulnerable detainees;

(5) Limits to cross-gender viewing and searches;

(6) Accommodating inmates or detainees with special needs;

(7) Hiring and promotion decisions;

(8) Assessment and use of monitoring technology;

(9) Evidence protocol and forensic medical examinations;

(10) Agreements with outside public entities and community service providers;

(11) Agreements with outside law enforcement agencies;

(12) Agreements with the prosecuting authority;

(13) Employee training;

(14) Volunteer and contractor training;

(15) Inmate education;

(16) Detainee, attorney, contractor and inmate worker notification of agency's zero-tolerance policy;

(17) Specialized training: Investigations;

(18) Specialized training: Medical and mental health care;

(19) Screening for risk of victimization and abusiveness;

(20) Use of screening information;

(21) Inmate or detainee reporting;

(22) Exhaustion of administrative remedies;

(23) Inmate access to outside confidential support services or legal representation;

(24) Third-party reporting;

(25) Staff and facility or agency head reporting duties;

(26) Reporting to other confinement facilities;

(27) Staff first responder duties;

(28) Coordinated response;

(29) Agency protection against retaliation;

(30) Duty to investigate;

(31) Criminal and administrative agency investigations;

(32) Evidence standard for administrative investigations;

(33) Disciplinary sanctions for staff;

(34) Disciplinary sanctions for inmates;

(35) Referrals for prosecution for detainee-on-detainee sexual abuse;

(36) Medical and mental health screenings: History of sexual abuse;

(37) Access to emergency medical and mental health services;

(38) Ongoing medical and mental health care for sexual abuse victims and abusers;

(39) Sexual abuse incident reviews;

(40) Data collection;

(41) Data review for corrective action;

(42) Data storage, publication, and destruction; and

(43) Audits of standards.

(c) The agency head of any agency of the state or the chief elected official or governing legislative body of any political subdivision of the state that incarcerates or detains juvenile offenders shall, annually, not later than January fifteenth, certify its compliance with the provisions of subsections (a) and (b) of this section to the Criminal Justice Policy and Planning Division within the Office of Policy and Management.

(P.A. 11-159, S. 1; P.A. 15-218, S. 1; P.A. 16-193, S. 6; P.A. 19-187, S. 5.)

History: P.A. 11-159 effective October 1, 2012; P.A. 15-218 amended Subsec. (a) to add references to juvenile offenders and juvenile facilities; P.A. 16-193 amended Subsec. (a) by substituting “community correctional centers” for “community correction facilities”; P.A. 19-187 added Subsec. (c) re certification of compliance if incarcerating or detaining juvenile offenders, effective July 1, 2020.

Sec. 18-81dd. Amendment to contract with municipality in which a correctional facility is located. The legislative body of any municipality in which a correctional facility is located that is under the supervision of the Commissioner of Correction and is owned or leased by the state may seek an amendment to any contract related to the correctional facility that is in effect between the municipality and a state agency. For the purposes of this section, “municipality” means a town, city or consolidated town and borough.

(P.A. 13-152, S. 1.)

History: P.A. 13-152 effective June 25, 2013.

Sec. 18-81ee. Pilot program re use of renewable energy at correctional facilities. (a) The Commissioner of Correction may conduct a pilot program at one or more correctional facilities to provide for the use of renewable sources of energy, including solar, wind, water and biomass sources, for use in space heating and cooling, domestic hot water and other applications. If the commissioner conducts such pilot program, the commissioner shall determine the appropriate correctional facility for such pilot program after considering the nature of the inmate population at each correctional facility, the topography of the area of the correctional facility, the impact on the municipality where the correctional facility is located and the impact on local wildlife. Any energy produced under the pilot program shall be allocated to the correctional facility, and any excess energy shall be allocated for the benefit of the municipality where the correctional facility is located.

(b) The commissioner shall conduct any such pilot program within available resources, and may apply for grants or financial assistance from any person, group of persons or corporation or from any agency of the state or of the United States.

(c) Not later than one year after any pilot program established pursuant to subsection (a) of this section is operational, the Commissioner of Correction shall submit a report on the pilot program to the joint standing committees of the General Assembly having cognizance of matters relating to energy, judiciary and appropriations. The report shall indicate the amount of energy produced under the pilot program, the amount of energy costs savings, an estimate of the energy benefit to the municipality where the correctional facility is located, and a summary of feedback received by the commissioner concerning the pilot program. The report shall be submitted in accordance with section 11-4a.

(P.A. 13-267, S. 1.)

History: P.A. 13-267 effective July 1, 2013.

Sec. 18-81ff. State identification card or motor vehicle operator's license for inmates upon release. The Commissioners of Correction and Motor Vehicles shall, within available appropriations, ensure that an inmate possesses a state identification card issued pursuant to section 1-1h or a motor vehicle operator's license issued pursuant to chapter 246 at the time such inmate is released from a correctional facility after serving any part of a term of imprisonment for a misdemeanor or felony conviction, provided any such inmate (1) requests and qualifies for such identification card or license, and (2) pays any fee associated with obtaining such identification card or license.

(P.A. 17-106, S. 1.)

See Sec. 14-41c re renewal of operator's licenses and identity cards of incarcerated persons.

Sec. 18-81gg. Visitation policies for inmate who is a parent to a child under the age of eighteen. The Commissioner of Correction shall establish visitation policies for any inmate who is a parent to a child under the age of eighteen. Such policies shall include, but need not be limited to, rules regarding: (1) Physical contact, (2) convenience and frequency of visits, and (3) access to child-friendly visiting areas.

(P.A. 18-4, S. 4.)

Sec. 18-81hh. Privacy-related protections for certain inmate activities. All inmates shall be permitted to shower, perform bodily functions and change clothes without nonmedical staff of the opposite gender viewing their breasts, buttocks or genitalia, except in exigent circumstances or when such viewing is incidental to a routine cell check. Staff of the opposite gender shall announce their presence when entering an inmate housing unit when no other staff of the opposite gender is present.

(P.A. 18-4, S. 5.)

Sec. 18-81ii. Care and treatment of inmate with a gender identity differing from assigned sex at birth and a diagnosis of gender dysphoria. Placement of inmate in correctional institution with inmates of the gender consistent with the inmate's gender identity. Any inmate of a correctional institution, as described in section 18-78, who has a gender identity that differs from the inmate's assigned sex at birth and has a diagnosis of gender dysphoria, as set forth in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”, shall: (1) Be addressed by correctional staff in a manner that is consistent with the inmate's gender identity, (2) have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the inmate's gender identity, and (3) have the right to be searched by a correctional staff member of the same gender identity, unless the inmate requests otherwise or under exigent circumstances. An inmate who has a birth certificate, passport or driver's license that reflects his or her gender identity or who can meet established standards for obtaining such a document to confirm the inmate's gender identity shall presumptively be placed in a correctional institution with inmates of the gender consistent with the inmate's gender identity. Such presumptive placement may be overcome by a demonstration by the Commissioner of Correction, or the commissioner's designee, that the placement would present significant safety, management or security problems. In making determinations pursuant to this section, the inmate's views with respect to his or her safety shall be given serious consideration by the Commissioner of Correction, or the commissioner's designee.

(P.A. 18-4, S. 8.)

History: P.A. 18-4 effective July 1, 2018.

Sec. 18-81jj. Correction Advisory Committee. (a) There is established the Correction Advisory Committee that shall consist of eleven members. Such members shall be appointed as follows:

(1) One who is directly impacted, appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction;

(2) One who has expertise in law, specifically the rights of incarcerated persons, appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction;

(3) One who has a demonstrated interest in advancing the rights and welfare of incarcerated persons, appointed by the president pro tempore of the Senate;

(4) One who has a demonstrated interest in advancing the rights and welfare of incarcerated persons, appointed by the speaker of the House of Representatives;

(5) One who has expertise in the provision of mental health care to incarcerated persons or formerly incarcerated persons, appointed by the minority leader of the Senate;

(6) One who has expertise in the provision of medical care to incarcerated persons or formerly incarcerated persons, appointed by the minority leader of the House of Representatives;

(7) One of whom is a victim of a violent crime, a person who advocates for victims' rights or an attorney who has represented a victim of a violent crime, appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction;

(8) One who has an expertise in corrections, appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction; and

(9) Three who are appointed by the Governor, one of whom has expertise in corrections, one of whom has expertise in medication in a correctional setting and one of whom is directly impacted.

(b) For purposes of subsection (a) of this section, “directly impacted” means (1) a person who was previously incarcerated within a facility operated by the department and is no longer under probation or any supervision by the department, or (2) a family member of a person described in subdivision (1) of this subsection or of a person who is in the custody of the Commissioner of Correction.

(c) All appointments to the committee, including vacancy appointments which shall be filled by the appointing authority having the power to make the original appointment, shall be made as follows:

(1) Not later than thirty days after May 10, 2022, or after any vacancy, each appointing authority or any such authority filling a vacancy shall submit a letter designating such authority's appointment or appointments to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction. Such joint standing committee shall post such letters on its Internet web site. The Senate and House chairpersons of such joint standing committee shall schedule a public hearing of such proposed appointments to be conducted not later than forty days after May 10, 2022, or ten days after the submission of a letter in the case of a vacancy.

(2) After such hearing, each appointing authority shall confirm or withdraw such authority's appointment or appointments. Any appointing authority who withdraws an appointment shall, not later than ten days after such withdrawal, submit a new letter to such joint standing committee of the General Assembly designating a different appointment or appointments, which shall initiate the hearing and approval or withdrawal process pursuant to subdivision (1) of this subsection and this subdivision for such appointment or appointments.

(d) The chairpersons of the Correction Advisory Committee shall be the members appointed pursuant to subdivisions (1) and (2) of subsection (a) of this section. Such chairpersons shall schedule the first meeting of said committee, which shall be held not later than sixty days after May 10, 2022.

(e) Each committee member shall serve a four-year term, except that each initial term shall run for four years from February 1, 2023. Each committee member may serve up to two terms. In the event of a vacancy appointment, the member appointed to fill the vacancy shall serve the remainder of the original member's four-year term and may be reappointed for up to two more terms.

(f) Each member shall serve without compensation but shall, within available appropriations, be reimbursed for necessary expenses that such member may incur through service on the Correction Advisory Committee.

(g) Each member shall, not later than ten days after the first meeting of the Correction Advisory Committee in which such member participates, take an oath of office to diligently and honestly administer the affairs of said committee. The oath shall be administered by a chairperson of said committee.

(h) A majority of the members appointed to the Correction Advisory Committee shall constitute a quorum, which shall be necessary for the committee to conduct business. A majority vote of the members present shall be required for action of the committee.

(i) Any committee member shall be indemnified and represented by the Attorney General pursuant to section 5-141d.

(j) The Correction Advisory Committee shall perform the following functions:

(1) Submit a list of candidates for Correction Ombuds for the Governor's consideration, pursuant to subsection (k) of this section;

(2) Review the actions of the Correction Ombuds pursuant to section 18-81qq;

(3) Meet not less than quarterly to bring matters to the Correction Ombuds' attention and to consult on the Correction Ombuds' services, findings and recommendations; and

(4) Convene semiannual public hearings to discuss the Correction Ombuds' services, findings and recommendations.

(k) Not later than eighty days after May 10, 2022, or not later than sixty days after any vacancy in the position of Correction Ombuds, the Correction Advisory Committee shall solicit applications for such position and meet to consider and interview the most qualified candidates who are residents of this state for such position. Said committee shall select not fewer than three and not more than five of the most outstanding candidates, publish the names of such selected candidates on said committee's Internet web site and hold a public hearing allowing testimony from members of the public concerning the selected candidates. Said committee shall submit to the Governor a list of selected candidates. Such list shall rank the candidates in the order of committee preference.

(l) Not later than thirty days after receiving the list submitted under subsection (k) of this section, the Governor, with the approval of the General Assembly, shall appoint a person qualified by training and experience as the Correction Ombuds. If at any time any of the candidates withdraw from consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor. If, not later than thirty days after receiving the list, the Governor fails to designate a candidate from the list, the candidate ranked first shall receive the designation and be referred to the General Assembly for confirmation. If the General Assembly is not in session, the designated candidate shall serve as acting Correction Ombuds and be entitled to the compensation, privileges and powers of the Correction Ombuds until the General Assembly meets to take action on said appointment.

(m) The person appointed as Correction Ombuds shall serve for an initial term of two years and may serve until a successor is appointed and confirmed in accordance with this section. Such person may be reappointed for succeeding terms.

(n) Upon any vacancy in the position of Correction Ombuds and until such time as a candidate has been confirmed by the General Assembly or, if the General Assembly is not in session, has been designated by the Governor, the Associate Correction Ombuds, as designated by the Correction Advisory Committee, shall serve as the acting Correction Ombuds and be entitled to the compensation, privileges and powers of the Correction Ombuds until the General Assembly meets to take action on said appointment.

(P.A. 19-117, S. 68; P.A. 22-18, S. 1; 22-114, S. 6.)

History: P.A. 19-117 effective July 1, 2019; P.A. 22-18 substantially revised section by replacing existing language re ombudsman services with new language re the Correction Advisory Committee, effective May 10, 2022; P.A. 22-114 amended Subsec. (a) to increase membership from 9 to 11, add new Subdiv. (7) re a victim of violent crime, add Subdiv. (8) re one who has expertise in corrections and redesignate existing Subsec. (7) as Subsec. (9), effective May 27, 2022.

Sec. 18-81kk. Requests for department's provision of documents related to injury resulting in death or permanent disability of inmate. Regulations. An inmate, his or her legal representative or the legal representative of the estate of an inmate, who provides a written request for documents to the Department of Correction in connection with a fatal injury suffered by the inmate while incarcerated or an injury that resulted in the inmate suffering a permanent disability while incarcerated, may request documents in the possession of the Department of Correction that are relevant to such injury. The Department of Correction shall ensure that such documentary materials are provided to the inmate, his or her legal representative or the legal representative of the estate of an inmate not later than sixty days after the date of receipt of the written request, unless the disclosure of the documentary materials could pose a risk to safety and security, violates a common law privilege, or is prohibited by state or federal law. If an inmate dies while incarcerated or becomes incapacitated due to an injury suffered while incarcerated, the Department of Correction shall notify the inmate's designated next of kin of the inmate's death or incapacitation, unless providing such notification is not consistent with any prior expressed preference of the inmate that has been made known to the Department of Correction. The Department of Correction shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. Such regulations shall include (1) a process for resolving any dispute concerning the production of documentary materials by the Department of Correction under this section, (2) a delineation of the fees, if any, that the Department of Correction may impose when complying with a request for documentary materials under this section, and (3) the circumstances under which the deadline for production of documents may be extended beyond sixty days.

(P.A. 19-80, S. 1.)

Sec. 18-81ll. Department's responsibilities re release of medical information by inmate to family or emergency contact. The Department of Correction shall post on its Internet web site and in all of its medical units notice informing the inmate that he or she is required to sign a release of information if the inmate wishes the inmate's family or emergency contact to have access to the inmate's medical information. The department shall post the release of information form on its Internet web site and shall be make such form available upon request in all of the department's medical units. The department shall develop a “frequently asked questions” document that details the steps involved in investigating an inmate fatality or permanent injury and includes all relevant forms and contact information. The department shall post the “frequently asked questions” document on its Internet web site and shall make such document available upon request in all of the department's medical units.

(P.A. 19-80, S. 2.)

Sec. 18-81mm. Release of inmate self-identified as suffering from opioid use disorder. Information provided. Not later than forty-five days before the scheduled release of an inmate from the custody of the Commissioner of Correction, including release subject to parole or supervised community setting, the commissioner shall provide each inmate who identifies himself or herself as suffering from opioid use disorder or relapsing into an opioid use disorder, information regarding opioid use disorder treatment options, including information on how to access such options after being released into the community.

(P.A. 19-167, S. 1.)

Sec. 18-81nn. Intervention in or reporting of use of unreasonable, excessive or illegal force by a witnessing officer. Whistle blower protections. (a) Any correction officer who witnesses another correction officer use what the witnessing correction officer objectively knows to be excessive or illegal use of force shall intervene and attempt to stop such other correction officer from using such force. Any correction officer who fails to intervene in such an incident may be prosecuted and punished in accordance with the provisions of section 53a-8 for the same acts as the correction officer who used unreasonable, excessive or illegal force.

(b) Any correction officer who witnesses another correction officer use what the witnessing correction officer objectively knows to be unreasonable, excessive or illegal use of force or is otherwise aware of such use of force by another correction officer shall report, as soon as is practicable, such use of force to the witnessing correction officer's immediate supervisor. Such supervisor shall immediately report such use of force to the immediate supervisor of the correction officer who is reported to have used such force. Any correction officer required to report such an incident who fails to do so may be prosecuted and punished in accordance with the provisions of sections 53a-165 to 53a-167, inclusive.

(c) The Department of Correction or any employee of the department shall not take any retaliatory personnel action or discriminate against a correction officer because such correction officer intervened in an incident pursuant to subsection (a) of this section or reported an incident pursuant to subsection (b) of this section. Such intervening or reporting correction officer shall be protected by the provisions of section 4-61dd.

(July Sp. Sess. P.A. 20-1, S. 43.)

Sec. 18-81oo. Communication services in correctional facilities. (a) The Commissioner of Correction shall not use the provision of voice communication service or any other communication service to persons who are in the custody of the commissioner and confined in a correctional facility to supplant in-person contact visits any such person may be eligible to receive.

(b) (1) On and after July 1, 2022, the commissioner shall provide voice communication service to persons who are in the custody of the commissioner and confined in a correctional facility. The commissioner may supplement such voice communication service with any other communication service, including, but not limited to, video communication and electronic mail services. Any such communication service shall be provided free of charge to such persons and any communication, whether initiated or received through any such service, shall be free of charge to the person initiating or receiving the communication.

(2) Each person in the custody of the commissioner and confined in a correctional facility shall be eligible to use the voice communication service described in subdivision (1) of this subsection for at least ninety minutes on each day of such person's confinement, provided the provisions of this subdivision shall not be interpreted to interfere with the standard operations of the facility in which such person is confined.

(c) On and after July 1, 2022, the state shall not receive revenue for the provision of any communication service to any person in the custody of the commissioner and confined in a correctional facility.

(P.A. 21-54, S. 1; June Sp. Sess. P.A. 21-2, S. 52.)

History: P.A. 21-54 effective June 16, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (b) by redesignating existing provisions as Subdiv. (1) and amending same to change “October” to “July”, and adding Subdiv. (2) re eligibility of person in custody of commissioner and confined in correctional facility to use voice communication service for at least 90 minutes per day, and amended Subsec. (c) by changing “October” to “July”, effective June 23, 2021.

Sec. 18-81pp. Plan for the provision of health care services to inmates. Report. (a) As used in this section:

(1) “Advanced practice registered nurse” means an advanced practice registered nurse licensed under chapter 373;

(2) “Alcohol and drug counselor” means an alcohol and drug counselor licensed or certified under chapter 376b;

(3) “Commissioner” means the Commissioner of Correction;

(4) “Correctional institution” means a prison or jail under the jurisdiction of the commissioner;

(5) “Dental professional” means a (A) dentist, (B) dental hygienist licensed under chapter 379a, or (C) dental assistant, as defined in section 20-112a;

(6) “Dentist” means a dentist licensed under chapter 379;

(7) “Department” means the Department of Correction;

(8) “Discharge planner” means a (A) registered nurse licensed under chapter 378, (B) practical nurse licensed under chapter 378, (C) clinical social worker or master social worker licensed under chapter 383b, or (D) professional counselor licensed under chapter 383c;

(9) “HIV test” means a test to determine human immunodeficiency virus infection or antibodies to human immunodeficiency virus;

(10) “Inmate” means a person in the custody of the commissioner and confined in a correctional institution;

(11) “Medical professional” means (A) a physician, (B) an advanced practice registered nurse, (C) a physician assistant, (D) a registered nurse licensed under chapter 378, or (E) a practical nurse licensed under chapter 378;

(12) “Mental health care provider” means (A) a physician who specializes in psychiatry, or (B) an advanced practice registered nurse who specializes in mental health;

(13) “Mental health therapist” means (A) a physician who specializes in psychiatry, (B) a psychologist licensed under chapter 383, (C) an advanced practice registered nurse who specializes in mental health, (D) a clinical social worker or master social worker licensed under chapter 383b, or (E) a professional counselor licensed under chapter 383c;

(14) “Physician” means a physician licensed under chapter 370;

(15) “Physician assistant” means a physician assistant licensed under chapter 370; and

(16) “Psychotropic medication” means a medication that is used to treat a mental health disorder that affects behavior, mood, thoughts or perception.

(b) Not later than January 1, 2023, the commissioner shall develop a plan for the provision of health care services, including, but not limited to, mental health care, substance use disorder and dental care services, to inmates of correctional facilities under the jurisdiction of the department. Such plan shall include, but not be limited to, guidelines for implementation of the following requirements:

(1) (A) A sufficient number of mental health therapists, as determined by the commissioner, shall be placed at each correctional institution to provide mental health care services to inmates;

(B) A mental health therapist placed at a correctional institution shall provide mental health care services to any inmate who requests such services or has been referred for such services by correctional staff only after the therapist makes an assessment of the inmate's need for such services and determines that the inmate requires such services;

(C) Each mental health therapist shall deliver such services in concert with the security needs of all inmates and correctional staff and the overall operation of the correctional institution, as determined by the warden of the correctional institution; and

(D) No mental health therapist who is providing mental health care services pursuant to this subdivision and licensed to prescribe medication shall prescribe a psychotropic medication to an inmate unless (i) the mental health therapist has reviewed the mental health history and medical history of the inmate, including, but not limited to, the list of all medications the inmate is taking, (ii) the mental health therapist determines, based on a review of such history, that the benefits of prescribing such medication outweigh the risk of prescribing such medication, (iii) the mental health therapist diagnoses the inmate with a mental health disorder, the inmate has received a previous diagnosis of a mental health disorder by a licensed mental health care provider and such medication is used to treat such mental health disorder, or, in an emergency situation, the mental health therapist makes an assessment that the inmate's mental health is substantially impaired and requires psychotropic medication to treat, (iv) the mental health therapist approves the use of such medication by the inmate as part of the inmate's mental health treatment plan, and (v) the mental health therapist keeps a record of each psychotropic medication such provider prescribes to the inmate and all other medications the inmate is taking.

(2) Each inmate shall receive an annual physical examination by a physician, physician assistant or advanced practice registered nurse when such examination is clinically indicated. Such examination may include, but not be limited to, a breast and gynecological examination or prostate examination, where appropriate, and the administration of any test the physician, physician assistant or advanced practice registered nurse deems appropriate.

(3) Each inmate shall receive an initial health assessment from a medical professional not later than fourteen days after the inmate's initial intake into a correctional institution.

(4) If a physician, physician assistant or advanced practice registered nurse recommends, based on the initial health assessment of an inmate or person, that such inmate or person be placed in a medical or mental health housing unit, the department shall ensure that such inmate or person is placed in an appropriate medical or mental health housing unit unless there are significant safety or security reasons for not making such placement.

(5) A medical professional shall perform health assessments of inmates in a location at the correctional institution that the warden of the correctional institution designates as appropriate for performing such an examination, provided the analysis of any sample collected from the inmate during a health assessment may be performed at a laboratory that is located outside of the correctional institution.

(6) A discharge planner shall conduct an exit interview of each inmate who is being scheduled for discharge from a correctional institution prior to the date of discharge if such exit interview is clinically indicated, provided the lack of such exit interview shall not delay the scheduled discharge of an inmate. Such exit interview shall include a discussion with the inmate regarding a medical discharge plan for any continued medical care or treatment that is recommended by the physician, physician assistant or advanced practice registered nurse for the inmate when the inmate reenters the community.

(7) A physician shall be on call on weekends, holidays and outside regular work hours to provide medical care to inmates as necessary.

(8) The commissioner shall ensure that each inmate has access to all vaccines licensed or authorized under an emergency use authorization by the federal Food and Drug Administration that are recommended by the National Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, subject to availability of such vaccines, unless there are substantial security concerns with providing access to such vaccines. Subject to availability, a physician, physician assistant or advanced practice registered nurse shall prescribe to an inmate any such vaccine that (A) the inmate requests, and (B) is recommended for such inmate by said committee, as determined by the physician, physician assistant or advanced practice registered nurse, provided the prescribing of such vaccine does not impose significant safety concerns.

(9) Except in exigent circumstances, a dental professional shall perform a dental screening of each inmate not later than one year after the inmate initially enters a correctional institution and at least once annually thereafter. At the time the dental professional performs the dental screening of an inmate, the dental professional shall develop a dental care plan for the inmate. A dental professional shall provide dental care in accordance with the inmate's dental care plan throughout the inmate's time at the correctional institution. The commissioner shall ensure, in consultation with a dentist, that each correctional institution has a dental examination room that is fully equipped with all of the dental equipment necessary to perform a dental examination.

(10) A medical professional shall administer an HIV test to each inmate who requests an HIV test, subject to the availability of such test. Except in exigent circumstances and subject to availability, a medical professional shall offer an HIV test to each inmate where it is clinically indicated (A) at the time such inmate enters a correctional institution, or (B) during an annual physical assessment.

(11) A medical professional shall interview each inmate regarding the inmate's drug and alcohol use history at the time the inmate initially enters a correctional institution. If an inmate is exhibiting symptoms of withdrawal from a drug or alcohol at such time, a medical professional shall perform a physical assessment of the inmate and communicate the results of such assessment to a physician, physician assistant or advanced practice registered nurse. Except in exigent circumstances, a drug and alcohol counselor shall perform an evaluation of the inmate not later than five days after the inmate initially enters the correctional institution. The correctional institution shall immediately transfer each inmate who is determined by a physician, physician assistant or advanced practice registered nurse to be experiencing withdrawal from a drug or alcohol to an appropriate area at such correctional institution for medical treatment of such withdrawal. A physician, a physician assistant or an advanced practice registered nurse shall periodically evaluate each inmate who exhibits signs of or discloses an addiction to a drug or alcohol or who experiences withdrawal from a drug or alcohol, at a frequency deemed appropriate by the physician, physician assistant or advanced practice registered nurse.

(12) A physician, a physician assistant or an advanced practice registered nurse with experience in substance use disorder diagnosis and treatment shall oversee the medical treatment of an inmate experiencing withdrawal from a drug or alcohol at each correctional institution. A medical professional shall be present in the medical unit at each correctional facility at all times during the provision of medical treatment to such inmate.

(13) A drug and alcohol counselor shall offer appropriate substance use disorder counseling services, including, but not limited to, individual counseling sessions and group counseling sessions, to an inmate who exhibits signs of or discloses an addiction to a drug or alcohol and encourage such inmate to participate in at least one counselling session. At the time of an inmate's discharge from the correctional institution, a discharge planner may refer an inmate who has exhibited signs of or disclosed an addiction to a drug or alcohol while an inmate at such correctional institution to a substance use disorder treatment program in the community that is deemed appropriate for the inmate by such discharge planner.

(14) The York Correctional Institution shall provide each inmate who is pregnant and drug or alcohol-dependent, with information regarding the dangers of undergoing withdrawal from the drug or alcohol without medical treatment, the importance of receiving medical treatment during the second trimester of pregnancy for withdrawal from the drug or alcohol and the effects of neonatal abstinence syndrome on a newborn.

(15) The York Correctional Institution shall provide each inmate who is pregnant prenatal visits at a frequency determined by an obstetrician to be consistent with community standards for prenatal visits.

(16) The department shall issue a request for information to which a school of medicine may apply for purposes of providing practical training at correctional institutions as part of a medical residency program, through which residents participating in such program may provide health care services to inmates.

(c) Not later than February 1, 2023, the commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to public health and the judiciary regarding the plan developed pursuant to subsection (b) of this section, recommendations for any legislation necessary to implement such plan and the department's timeline for implementation of such plan.

(P.A. 22-133, S. 1.)

History: P.A. 22-133 effective May 27, 2022.

Sec. 18-81qq. Office of the Correction Ombuds. (a)(1) There is, within the Office of Governmental Accountability established under section 1-300, the Office of the Correction Ombuds for the provision of ombuds services. The Correction Ombuds appointed pursuant to section 18-81jj shall be the head of said office.

(2) For purposes of this section, “ombuds services” includes:

(A) Evaluating the delivery of services to incarcerated persons by the Department of Correction;

(B) Reviewing periodically the nonemergency procedures established by the department to carry out the provisions of title 18 and evaluating whether such procedures conflict with the rights of incarcerated persons;

(C) Receiving communications from persons in the custody of the Commissioner of Correction regarding decisions, actions, omissions, policies, procedures, rules or regulations of the department;

(D) Conducting site visits of correctional facilities administered by the department;

(E) Reviewing the operation of correctional facilities and nonemergency procedures employed at such facilities. Nonemergency procedures include, but are not limited to, the department's use of force procedures;

(F) Recommending procedure and policy revisions to the department;

(G) Taking all possible actions, including, but not limited to, conducting programs of public education, undertaking legislative advocacy and making proposals for systemic reform and formal legal action in order to secure and ensure the rights of persons in the custody of the commissioner. The Correction Ombuds shall exhaust all other means to reach a resolution before initiating litigation; and

(H) Publishing on an Internet web site operated by the Office of the Correction Ombuds a semiannual summary of all ombuds services and activities during the six-month period before such publication.

(b) Notwithstanding any provision of the general statutes, the Correction Ombuds shall act independently of any department in the performance of the office's duties.

(c) The Correction Ombuds may, within available funds, appoint such staff as may be deemed necessary. The duties of the staff may include the duties and powers of the Correction Ombuds if performed under the direction of the Correction Ombuds.

(d) The General Assembly shall annually appropriate such sums as necessary for the payment of the salaries of the staff and for the payment of office expenses and other actual expenses incurred by the Correction Ombuds in the performance of the Correction Ombuds' duties. Any legal or court fees obtained by the state in actions brought by the Correction Ombuds shall be deposited in the General Fund.

(e) In the course of investigations, the Correction Ombuds shall rely on a variety of sources to corroborate matters raised by incarcerated persons or others. Where such matters turn on validation of particular incidents, the Correction Ombuds shall endeavor to rely on communications from incarcerated persons who have reasonably pursued a resolution of the complaint through any existing internal grievance procedures of the Department of Correction. In all events, the Correction Ombuds shall make good faith efforts to provide an opportunity to the Commissioner of Correction to investigate and to respond to such concerns prior to making such matters public.

(f) All oral and written communications, and records relating to such communications between a person in the custody of the Commissioner of Correction and the Correction Ombuds or a member of the Office of the Correction Ombuds staff, including, but not limited to, the identity of a complainant, the details of the communications and the Correction Ombuds' findings shall be confidential and shall not be disclosed without the consent of such person, except that the Correction Ombuds may disclose without the consent of such person general findings or policy recommendations based on such communications, provided no individually identifiable information is disclosed. The Correction Ombuds shall disclose sufficient information to the Commissioner of Correction or the commissioner's designee as is necessary to respond to the Correction Ombuds' inquiries or to carry out recommendations, but such information may not be further disclosed outside of the Department of Correction.

(g) Notwithstanding the provisions of subsection (f) of this section, whenever in the course of carrying out the Correction Ombuds' duties, the Correction Ombuds or a member of the Office of the Correction Ombuds staff becomes aware of the commission or planned commission of a criminal act or threat that the Correction Ombuds reasonably believes is likely to result in death or substantial bodily harm, the Correction Ombuds shall notify the Commissioner of Correction or an administrator of any correctional facility housing the perpetrator or potential perpetrator of such act or threat and the nature and target of the act or threat.

(h) Notwithstanding any provision of the general statutes concerning the confidentiality of records and information, the Correction Ombuds shall have access to, including the right to inspect and copy, any records necessary to carry out the responsibilities of the Correction Ombuds, as provided in this section. The provisions of this subsection shall not be construed to compel access to any record protected by the attorney-client privilege or attorney-work product doctrine or any record related to a pending internal investigation, external criminal investigation or emergency procedures. For purposes of this subsection, “emergency procedures” are procedures the Department of Correction uses to manage control of tools, keys and armories and concerning department emergency plans, emergency response units, facility security levels and standards and radio communications.

(i) In the performance of the responsibilities provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner. Such communications shall be confidential except as provided in subsections (e) and (f) of this section.

(j) The Correction Ombuds may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies, for the purpose of carrying out the Correction Ombuds' responsibilities. There is established within the General Fund a Correction Ombuds account which shall be a separate nonlapsing account. Any funds received under this subsection shall, upon deposit in the General Fund, be credited to said account and may be used by the Correction Ombuds in the performance of the Correction Ombuds' duties.

(k) The name, address and other personally identifiable information of a person who makes a complaint to the Correction Ombuds, information obtained or generated by the Office of the Correction Ombuds in the course of an investigation and all confidential records obtained by the Correction Ombuds or the office shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, or otherwise except as provided in subsections (f) and (g) of this section.

(l) No state or municipal agency shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a complaint to the Correction Ombuds or cooperates with the Office of the Correction Ombuds in an investigation.

(m) Not later than December 1, 2023, and annually thereafter, the Correction Ombuds shall submit a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction regarding the conditions of confinement in the state's correctional facilities and halfway houses. Such report shall detail the Correction Ombuds' findings and recommendations.

(P.A. 22-18, S. 2.)

History: P.A. 22-18 effective July 1, 2022.

Secs. 18-81rr to 18-81zz. Reserved for future use.

Sec. 18-82. Administrators of correctional institutions: Appointment, removal and qualifications. The Commissioner of Correction shall appoint and may remove the following administrators, all of whom shall serve at the pleasure of the commissioner and shall be exempt from the classified service: All correctional wardens, including any warden with oversight of a district, a correctional institution, parole and community services, population management, programs and treatment, security and academy training or staff development. Such wardens shall possess skill and experience in correctional administration. The commissioner may designate a deputy warden to serve as director of reentry services.

(1967, P.A. 152, S. 7; 1969, P.A. 300; 1971, P.A. 154, S. 3; P.A. 75-85; P.A. 77-614, S. 272, 610; P.A. 85-397; P.A. 87-282, S. 13; P.A. 94-193, S. 4; P.A. 03-90, S. 1; P.A. 07-158, S. 7; P.A. 21-85, S. 1.)

History: 1969 act replaced deputy commissioners for disciplinary and treatment services and for field services with deputy commissioners of institution services and of community services, replaced State Farm and State Prison for Women with Connecticut Correctional Institution, Niantic, replaced State Prison with Connecticut Correctional Institution, Somers, replaced reformatory with Connecticut Correctional Institution, Cheshire and jails with community correctional centers; 1971 act replaced Osborn correctional institution with Enfield correctional institution; P.A. 75-85 replaced provisions re appointment of specific deputy commissioners and re duties of deputy commissioner of women's services with statement that there shall be three deputy commissioner's; P.A. 77-614 deleted references to council of correction, removed deputy commissioners entirely and included appointment of community correctional center wardens, effective January 1, 1979; P.A. 85-397 revised language re administrative heads of state correctional institutions; P.A. 87-282 deleted references to “superintendents” of institutions; P.A. 94-193 clarified the meaning of “administrative heads of state institutions” as “administrators, all of whom shall serve at the pleasure of the commissioner and shall be exempt from the classified service” and made other technical corrections for clarity; P.A. 03-90 deleted “all correctional service directors and all regional support services administrators” from list of administrators the commissioner shall appoint and may remove; P.A. 07-158 revised provisions re types of wardens appointed as administrators, effective July 1, 2007; P.A. 21-85 added language re designation of deputy warden, effective June 28, 2021.

Cited. 195 C. 303.

Sec. 18-82a. Parole officer training on resilience and self-care techniques. In consultation with the Department of Mental Health and Addiction Services, the Department of Correction shall provide resilience and self-care technique training for each parole officer, as defined in section 31-294k, hired on or after January 1, 2020.

(P.A. 19-17, S. 9.)

History: P.A. 19-17 effective July 1, 2019.

Sec. 18-83. Acceptance of bequests, devises and gifts. The Commissioner of Correction may accept and receive, on behalf of the department or any institution or facility thereof, any bequest or gift of personal property and, subject to section 4b-22, any devise or gift of real property made to the department or any institution thereof, and may hold and use such property for the purposes specified in such bequest, devise or gift.

(1967, P.A. 152, S. 8.)

Sec. 18-84. “Inmate” and “prisoner” defined. The terms “inmate” and “prisoner”, as used in this title and sections 54-125 to 54-129, inclusive, and 54-131, include any person in the custody of the Commissioner of Correction or confined in any institution or facility of the Department of Correction until released from such custody or control, including any person on parole.

(1967, P.A. 152, S. 12; P.A. 79-194; 79-631, S. 14, 111; P.A. 82-472, S. 154, 183.)

History: P.A. 79-194 deleted reference to Sec. 17-194a and replaced “sentenced or transferred to” with “in the custody of the commissioner ... or confined in” any institution or facility; P.A. 79-631 made technical changes; P.A. 82-472 removed the reference to Sec. 17-246.

Cited. 45 CS 57.

Sec. 18-84a. Discharge savings accounts. Regulations. Section 18-84a is repealed, effective October 1, 2018.

(P.A. 07-158, S. 2; P.A. 13-69, S. 1; 18-155, S. 10.)

Sec. 18-85. Compensation of inmates. Deposit in account. Disbursement priorities. (a) The Commissioner of Correction, after consultation with the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management, shall establish a schedule of compensation for services performed on behalf of the state by inmates of any institution or facility of the department. Such schedule shall recognize degrees of merit, diligence and skill in order to encourage inmate incentive and industry.

(b) Compensation so earned shall be deposited, under the direction of the Commissioner of Correction, in an account in a savings bank or state bank and trust company in this state or an account administered by the State Treasurer. Any compensation so earned shall be paid to the inmate on the inmate's release from incarceration in the form of a debit card, except that the commissioner may, while the inmate is in custody, disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of the inmate's dependents, if any; (7) the inmate's necessary travel expense to and from work and other incidental expenses; (8) costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section; and (9) payment to the clerk of the court in which an inmate, confined in a correctional facility only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine. Any interest that accrues shall be credited to any institutional fund established for the welfare of inmates. Compensation under this section shall be in addition to any compensation received or credited under section 18-50.

(1967, P.A. 152, S. 13; 1969, P.A. 297; P.A. 77-614, S. 126, 273, 610; P.A. 87-282, S. 14; P.A. 88-300, S. 1; P.A. 93-310, S. 26, 32; P.A. 04-234, S. 16; P.A. 07-158, S. 1; P.A. 13-69, S. 2; P.A. 18-155, S. 6; P.A. 21-85, S. 7.)

History: 1969 act replaced jails with community correctional centers; P.A. 77-614 required consultation with commissioner of administrative services and secretary of the office of policy and management rather than with council of correction and personnel policy board; P.A. 87-282 deleted reference to “superintendent”; P.A. 88-300 amended provision re disbursement of compensation by requiring following priorities as Subdivs. (1) to (9): Federal taxes due, restitution or compensation to crime victim, payment of civil judgment, victims compensation, state taxes due, support of dependents, travel expense to and from work, costs of board and payment of fine; P.A. 93-310 changed commission on victim services to office of victim services, effective July 1, 1993; P.A. 04-234 amended Subdiv. (8) to replace “costs of his board as determined by the commissioner” with “costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section” and made a technical change, effective June 8, 2004; P.A. 07-158 inserted Subsec. designators (a) and (b), amended Subsec. (b) to substitute “compensation” for “sums”, add “in an inmate's individual account” and provide that funds from such account may be transferred to the inmate's discharge savings account, and made technical changes, effective July 1, 2007; P.A. 13-69 amended Subsec. (b) by substituting references to Commissioner of Correction for references to administrative head of institution or facility, and warden or Community Correctional Center Administrator, replacing requirement that compensation be deposited in inmate's individual account with requirement that deposit be in account in a savings bank or state bank and trust company in this state or in account administered by State Treasurer, adding new Subdiv. (8) re deposits credited to inmate's discharge savings account under Sec. 18-84a, redesignating existing Subdivs. (8) and (9) as Subdivs. (9) and (10), amending redesignated Subdiv. (10) by substituting reference to correctional facility for reference to community correctional center, and making technical changes, effective July 1, 2013; P.A. 18-155 deleted former Subsec. (b)(8) re deposits credited to inmate's discharge savings account under Sec. 18-84a and redesignated existing Subsecs. (b)(9) and (b)(10) as Subsecs. (b)(8) and (b)(9); P.A. 21-85 provided that upon an inmate's release earned compensation be paid in the form of a debit card, effective January 1, 2022.

Sec. 18-85a. Assessment for costs of incarceration. State's claim against inmate's property for repayment of costs of incarceration. Exempt property. Program fees. Regulations. (a) The Commissioner of Correction shall adopt regulations, in accordance with the provisions of chapter 54, concerning the assessment of inmates of correctional institutions or facilities for the costs of their incarceration.

(b) The state shall have a claim against each inmate for the costs of such inmate's incarceration under this section, and regulations adopted in accordance with this section, for which the state has not been reimbursed. Any property owned by such inmate may be used to satisfy such claim, except property that is: (1) Exempt pursuant to section 52-352b or 52-352d, except as provided in subsection (b) of section 52-321a; (2) subject to the provisions of section 54-218; (3) acquired by such inmate after the inmate is released from incarceration, but not including property so acquired that is subject to the provisions of section 18-85b, 18-85c or 52-367c, and except as provided in subsection (b) of section 52-321a; or (4) acquired by such inmate for work performed during incarceration as part of a program designated or defined in regulations adopted by the Commissioner of Correction, in accordance with the provisions of chapter 54, as a job training, skill development or career opportunity or enhancement program, other than a pilot program established pursuant to section 18-90b, except that the commissioner may assess a fee for participation in any such program. In addition to property described in subdivisions (1) to (4), inclusive, of this subsection, up to fifty thousand dollars of other assets shall be exempt from a claim made under this section, except in the case of an inmate incarcerated for a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances committed on or after April 25, 2012, under the provisions of section 53a-54b in effect on or after April 25, 2012, or a violation of section 53a-54c, 53a-70, 53a-70a, 53a-70c or 53a-71. In addition to other remedies available at law, the Attorney General, on request of the Commissioner of Correction, may bring an action in the superior court for the judicial district of Hartford to enforce such claim, provided no such action shall be brought but within two years from the date the inmate is released from incarceration or, if the inmate dies while in the custody of the commissioner, within two years from the date of the inmate's death, except that such limitation period shall not apply if such property was fraudulently concealed from the state.

(P.A. 95-235; P.A. 04-234, S. 17; P.A. 07-158, S. 3; P.A. 13-69, S. 3; P.A. 18-155, S. 7; P.A. 22-118, S. 457.)

History: P.A. 04-234 designated existing provisions as Subsec. (a) and added Subsec. (b) to grant the state a claim against each inmate for the unreimbursed costs of such inmate's incarceration, provide that any property owned by such inmate may be used to satisfy the claim, specify the types of property that may not be used to satisfy the claim, authorize the Attorney General to bring an action to enforce a claim and specify the time limitation on bringing such action, effective June 8, 2004, and applicable to actions or proceedings pending or commenced on or after that date; P.A. 07-158 inserted Subsec. (b)(5) re deposits in a discharge savings account, not to exceed $1,000, effective July 1, 2007; P.A. 13-69 amended Subsec. (b) to add provision re property acquired in a pilot program under Sec. 18-90b and assessment of a fee for program participation in Subdiv. (4) and to substitute “credited to” for “deposited in” in Subdiv. (5), effective July 1, 2013; P.A. 18-155 deleted former Subsec. (b)(5) re property credited to discharge savings account; P.A. 22-118 amended Subsec. (b) to add exemption of up to $50,000 above property excluded in Subdivs. (1) to (4), with exception for inmates incarcerated for certain offenses, effective May 7, 2022, and applicable to costs of incarceration incurred, before, on or after May 7, 2022.

Sec. 18-85b. State's claim against proceeds of person's cause of action or person's inheritance for repayment of costs of incarceration. (a) In the case of causes of action of any person who was incarcerated for a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances committed on or after April 25, 2012, under the provisions of section 53a-54b in effect on or after April 25, 2012, or a violation of section 53a-54c, 53a-70, 53a-70a, 53a-70c or 53a-71 and who is obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section brought by such person within twenty years from the date such person is released from incarceration, the claim of the state shall be a lien against the proceeds therefrom in the amount of the costs of incarceration or fifty per cent of the proceeds received by such person after payment of all expenses connected with the cause of action, whichever is less, for repayment under said section, and shall have priority over all other claims, including any lien of the state for repayment of public assistance, except (1) attorney's fees for the cause of action, (2) expenses of suit, (3) costs of hospitalization connected with the cause of action by whomever paid over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits, (4) child support obligations collected by the state in accordance with subsection (a) of section 17b-265 and section 52-362d, (5) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction, and (6) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction; and such claim shall consist of the total amount of the costs of incarceration under section 18-85a and regulations adopted in accordance with said section. The proceeds of such causes of action shall be assignable to the state for payment of the amount due under section 18-85a, and regulations adopted in accordance with said section, irrespective of any other provision of law. The state's lien shall constitute an irrevocable direction to the attorney for such person to pay the Commissioner of Correction or the commissioner's designee in accordance with its terms, except if, after written notice from the attorney for such person informing the commissioner or the commissioner's designee of the settlement of the cause of action or judgment thereon and requesting the amount of the lien to be paid to the commissioner or the commissioner's designee, the commissioner or the commissioner's designee does not inform such attorney of the amount of the state's lien within forty-five days of receipt of the written request of such attorney for such information, such attorney may distribute such proceeds to such person and shall not be liable for any loss the state may sustain thereby.

(b) In the case of an inheritance of an estate by any person who is obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section that is received by such person within twenty years from the date such person is released from incarceration, the claim of the state shall be a lien against such inheritance in the amount of the costs of incarceration or fifty per cent of the assets of the estate payable to such person, whichever is less. The Court of Probate shall accept any such lien notice filed by the commissioner or the commissioner's designee with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance therewith.

(P.A. 01-129, S. 1, 3; P.A. 04-234, S. 18; P.A. 22-118, S. 454, 458.)

History: P.A. 01-129 effective June 28, 2001; P.A. 04-234 amended Subsec. (a) to limit the claim of the state to proceeds of a cause of action brought by such person within 20 years from the date such person is released from incarceration, added “and regulations adopted in accordance with said section” after “section 18-85a” where appearing, amended Subsec. (b) to limit the claim of the state to an inheritance that is received within 20 years from the date person is released from incarceration, replaced “inmate” with “person” where appearing and made technical changes, effective June 8, 2004; P.A. 22-118 amended Subsec. (a) to limit the provisions to persons incarcerated for certain offenses, effective May 7, 2022, and applicable to costs of incarceration incurred, before, on or after May 7, 2022, and amended Subsec.(a)(4) by changing a reference to child support obligations collected pursuant to Sec. 17b-93 to child support obligations collected in accordance with Secs. 17b-265 and 52-362d, effective July 1, 2022.

Sec. 18-85c. State's claim against person's estate for repayment of costs of incarceration. Upon the death of any person obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section that occurs within twenty years from the date such person is released from incarceration, the state shall have a claim against such person's estate for all costs of incarceration under the provisions of said section and such regulations for which the state has not been reimbursed, to the extent that the amount which the surviving spouse, parent or dependent children of the decedent would otherwise take from such estate is not needed for their support. Such claim shall have priority over all other unsecured claims against such estate, including any lien of the state for repayment of public assistance, except (1) expenses of last sickness not to exceed three hundred seventy-five dollars, (2) funeral and burial expenses in accordance with that allowed under sections 17b-84 and 17b-131 upon the death of a beneficiary of aid, (3) child support obligations collected by the state in accordance with subsection (a) of section 17b-265 and section 52-362d, (4) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction, (5) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction, and (6) administrative expenses, including probate fees and taxes, and including fiduciary fees not exceeding the following commissions on the value of the whole estates accounted for by such fiduciaries: On the first two thousand dollars or portion thereof, five per cent; on the next eight thousand dollars or portion thereof, four per cent; on the excess over ten thousand dollars, three per cent. Upon petition by any fiduciary, the Court of Probate, after a hearing thereon, may authorize compensation in excess of the above schedule for extraordinary services. Notice of any such petition and hearing shall be given to the Commissioner of Correction at least ten days in advance of such hearing. The allowable funeral and burial payment authorized by this section shall be reduced by the amount of any prepaid funeral arrangement. Any amount paid from the estate under this section to any person that exceeds the limits provided in this section shall be repaid to the estate by such person, and such amount may be recovered in a civil action with interest at the legal rate from the date of demand.

(P.A. 01-129, S. 2, 3; P.A. 04-234, S. 19; P.A. 22-118, S. 455.)

History: P.A. 01-129 effective June 28, 2001; P.A. 04-234 limited the claim of the state to the estate of a person whose death occurs within 20 years from the date such person is released from incarceration, effective June 8, 2004; P.A. 22-118 added a reference to Sec. 17b-131 and changed reference to child support obligations collected pursuant to Sec. 17b-93 to child support obligations collected in accordance with Secs. 17b-265 and 52-362d, effective July 1, 2022.

Sec. 18-86. Transfers between institutions of department. The commissioner may transfer any inmate of any of the institutions or facilities of the department to any other such institution or facility, irrespective of the institution to which the inmate was originally committed or the length of his sentence, when it appears to the commissioner that the best interests of the inmate or the other inmates will be served by such action.

(1967, P.A. 152, S. 14.)

Transfer of inmate from state prison at Wethersfield to new prison at Somers and Enfield legitimized by former Sec. 18-1; convict sentenced to one penal institution can be transferred or taken to another with statutory or judicial authority. 156 C. 339. Cited. 195 C. 303; 196 C. 309.

Sec. 18-86a. Contracts with other states for confinement of Connecticut inmates. The Commissioner of Correction may enter into one or more contracts, with the appropriate official or officials of any state which is not a party to the New England Interstate Corrections Compact or the Interstate Corrections Compact, for the confinement of Connecticut inmates in correctional facilities located in such state. Any such contract shall provide for: (1) Its duration; (2) payments to be made by the state of Connecticut to the state to which the inmates are sent, for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; (3) participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom; (4) delivery and retaking of inmates; and (5) such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the state of Connecticut and the state to which the inmates are sent. The Commissioner of Correction shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. Such regulations shall include, but not be limited to, limitations on the length of time that inmates may be confined in correctional facilities of other states, the types of inmates eligible to be sent, the types of services, facilities, programs and treatment furnished by other states for which payment will be made, and limitations on the amount of payments to be made to other states to which inmates are sent.

(P.A. 90-250, S. 1, 3.)

Sec. 18-86b. Contracts with governmental and private vendors for supervision of state inmates outside the state. (a) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, the Commissioner of Correction is authorized to improve the operation of the state's correctional facilities by entering into contracts with any governmental or private vendor for supervision of not more than five hundred inmates outside the state. Any such governmental or private vendor shall agree to be bound by the provisions of the Interstate Corrections Compact, and any governmental or privately-operated facility to which state inmates are transferred pursuant to a contract under this subsection shall be located in a state which has enacted and entered into the Interstate Corrections Compact.

(b) (1) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, during the fiscal year ending June 30, 2004, the Commissioner of Correction is authorized to improve the operation of the state's correctional facilities by entering into contracts in accordance with this subsection with any governmental or private vendor for the supervision of not more than an additional two thousand inmates outside the state.

(2) If the governmental vendor with which the commissioner has a contract under subsection (a) of this section on August 20, 2003, for the supervision of inmates outside this state is willing to accept additional inmates for supervision, the Commissioner of Correction may, notwithstanding the provisions of section 4a-57, enter into a contract with such governmental vendor for the supervision of such number of additional inmates as such governmental vendor is willing to accept. If the commissioner does not enter into such a contract with such governmental vendor or if, after contracting for the supervision of additional inmates by such governmental vendor, the number of inmates authorized to be supervised outside this state under subdivision (1) of this subsection has not been attained, the commissioner may enter into contracts with any governmental or private vendor for the supervision of all or part of the remaining number of inmates authorized to be supervised outside this state under said subdivision (1).

(3) Any such governmental or private vendor shall agree to be bound by the provisions of the Interstate Corrections Compact, and any governmental or privately-operated facility to which state inmates are transferred pursuant to a contract under this subsection shall be located in a state which has enacted and entered into the Interstate Corrections Compact.

(4) Prior to entering into any contract under this subsection, the commissioner shall submit such proposed contract to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the judiciary for their review and comment.

(c) (1) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, during the fiscal years ending June 30, 2005, June 30, 2006, and June 30, 2007, the Commissioner of Correction is authorized to improve the operation of the state's correctional facilities by entering into contracts in accordance with this subsection with any governmental or private vendor for the supervision of not more than an additional one thousand inmates outside the state.

(2) Any such governmental or private vendor shall agree to be bound by the provisions of the Interstate Corrections Compact, and any governmental or privately-operated facility to which state inmates are transferred pursuant to a contract under this subsection shall be located in a state which has enacted and entered into the Interstate Corrections Compact.

(3) Prior to entering into any contract under this subsection, the commissioner shall submit such proposed contract to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the judiciary for their review and comment.

(d) A state inmate confined in any governmental or privately-operated facility pursuant to the terms of any contract with the state shall at all times be subject to the authority of the Commissioner of Correction who may at any time remove the inmate for transfer to a state correctional facility or other institution, for transfer to another governmental or privately-operated facility, for release on probation or parole, for discharge or for any other purpose permitted by the laws of this state.

(P.A. 95-229; June 30 Sp. Sess. P.A. 03-6, S. 156; P.A. 04-234, S. 11; May Sp. Sess. P.A. 04-2, S. 89.)

History: June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to make a technical change, added new Subsec. (b) to authorize the commissioner during the fiscal years ending June 30, 2004, and June 30, 2005, to contract for the supervision of an additional 2,000 inmates out of state and redesignated existing Subsec. (b) as Subsec. (c), effective August 20, 2003; P.A. 04-234 added Subsec. (b)(4) requiring commissioner to submit a proposed contract to the appropriations and judiciary committees for their review and comment, effective June 8, 2004; May Sp. Sess. P.A. 04-2 amended Subsec. (b)(1) to authorize commissioner to contract for the supervision of an additional 2,000 inmates outside the state during “the fiscal year ending June 30, 2004,” rather than during “the fiscal years ending June 30, 2004, and June 30, 2005,” added new Subsec. (c) to authorize the commissioner during the fiscal years ending June 30, 2005, June 30, 2006, and June 30, 2007, to contract for the supervision of an additional 1,000 inmates outside the state, and redesignated existing Subsec. (c) as Subsec. (d), effective July 1, 2004.

Sec. 18-86c. Contracts re release of inmates. Any contract entered into between the Commissioner of Correction and a provider operating a halfway house, group home, mental health facility or other community residence to which the commissioner may release inmates, shall specify whether such provider refuses to accept certain inmates and, if so, shall specify the types of inmates such provider refuses to accept.

(June Sp. Sess. P.A. 00-1, S. 35, 46.)

History: June Sp. Sess. P.A. 00-1 effective July 1, 2000.

Sec. 18-86d. Agreements with institutions of higher education re free courses for inmates. An institution of higher education that enters into an agreement with the Department of Correction for an employee or agent of such institution to teach one or more for-credit courses to inmates of a correctional facility at no charge to said department or to the participating inmates shall not be considered a state contractor for the purposes of such agreement.

(P.A. 13-68, S. 1.)

Sec. 18-86e. Reentry employment advisory committee. (a) There is established a reentry employment advisory committee that shall advise the Commissioner of Correction on alignment of education and job training programs offered by the Department of Correction with the needs of employers in the community, including, but not limited to (1) the vocational education curricula used by Unified School District #1, established under section 18-99a, (2) the types of licenses and certifications that employers are looking for in job applicants, (3) the availability of apprenticeships for incarcerated and formerly incarcerated individuals in the community, and (4) the types of products and services that should be offered by institution industries established and maintained pursuant to section 18-88.

(b) (1) The reentry employment advisory committee shall consist of:

(A) The Commissioner of Correction, or the commissioner's designee;

(B) The superintendent of Unified School District #1;

(D) One representative appointed by the Commissioner of Correction from each of the following:

(i) An association representing businesses and industries in this state;

(ii) An association representing construction industries in this state;

(iii) The state affiliate of a national organization representing human resource professionals;

(iv) A state council of building and construction trades;

(v) The workforce council established pursuant to Executive Order Number 4 of Governor Ned Lamont; and

(vi) A regional workforce development board established pursuant to section 31-3k of the general statutes.

(2) In addition to the membership provided for under subdivision (1) of this subsection, the Commissioner of Correction may appoint up to three additional members who shall be representatives of business or business associations.

(c) The Commissioner of Correction shall appoint a chairperson from amongst the membership of the reentry employment advisory committee. The committee shall meet not fewer than two times per year, and at such other times as the committee deems necessary.

(P.A. 21-85, S. 2.)

History: P.A. 21-85 effective July 1, 2021.

Sec. 18-87. Transfers to other state institutions and to the executive director of the Court Support Services Division of the Judicial Branch. The Commissioner of Correction may transfer any inmate of any of the institutions of the Department of Correction to any other appropriate state institution with the concurrence of the superintendent of such institution or to the Court Support Services Division of the Judicial Branch when the Commissioner of Correction finds that the welfare or health of the inmate requires it. When an inmate, after the expiration of his or her sentence, is committed to or otherwise remains in the institution to which he or she was transferred, the expense of his or her treatment and support shall be paid as provided by sections 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689b, and 17b-743 to 17b-747, inclusive. No transfer of any person who has attained the age of eighteen years shall be made to the Court Support Services Division of the Judicial Branch. No transfer of any person who has not attained the age of eighteen years shall be made to the Court Support Services Division of the Judicial Branch unless the executive director of the Court Support Services Division of the Judicial Branch finds that such person would benefit from a transfer to the Court Support Services Division of the Judicial Branch and agrees to accept such person and such person has given such person's written consent to such transfer. Such person transferred to the Court Support Services Division of the Judicial Branch shall be deemed to be committed to the custody of the executive director of the Court Support Services Division of the Judicial Branch. The executive director of the Court Support Services Division of the Judicial Branch shall have the power to terminate the commitment and release such person at any time the executive director of the Court Support Services Division of the Judicial Branch determines such termination and release would be in such person's best interest, and shall have the power to return such person to the jurisdiction of the Commissioner of Correction. The transfer of any person under this section to the Court Support Services Division of the Judicial Branch shall not result in the person so transferred being in the custody of the Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Branch for a total of less than the minimum or more than the maximum term such person would have been in the custody of the Commissioner of Correction had such person not been so transferred.

(1967, P.A. 152, S. 15; 1969, P.A. 664, S. 13; 1972, P.A. 127, S. 35; P.A. 93-91, S. 1. 2; P.A. 96-180, S. 53, 166; June 30 Sp. Sess. P.A. 03-3, S. 97; P.A. 04-76, S. 54; P.A. 05-288, S. 73; P.A. 18-31, S. 23; P.A. 19-32, S. 8; 19-118, S. 37.)

History: 1969 act added provisions re transfers from correctional institution to department of children and youth services, required that superintendent of institution from which transfer to be made concur in decision and placed responsibility of determination of suitability of transfer on commissioner of correction rather than on wardens, superintendents or jail administrators; 1972 act forbade transfer of those reaching 18 rather than 20, reflecting changed age of majority; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-180 made technical grammatical change, effective June 3, 1996 (Revisor's note: The references to “17b-115 to 17b-138” and “17b-689 to 17b-693, inclusive,” were changed editorially by the Revisors to “17b-116 to 17b-138” and “17b-689, 17b-689b”, respectively, to reflect the repeal of certain sections by section 164 of June 18 Sp. Sess. P.A. 97-2); June 30 Sp. Sess. P.A. 03-3, in repealing Secs. 17b-19, 17b-62 to 17b-65, inclusive, 17b-116, 17b-116a, 17b-116b, 17b-117, 17b-120, 17b-121, 17b-123, 17b-134, 17b-135, 17b-220, 17b-259 and 17b-287, authorized deletion of internal references to said subsections in this section, effective March 1, 2004; P.A. 04-76 deleted references to Secs. 17b-118b and 17b-221 that were repealed by the same act; P.A. 05-288 made technical changes, effective July 13, 2005; P.A. 18-31 replaced references to Department of Children and Families with references to Court Support Service Division of the Judicial Branch and references to Commissioner of Children and Families with references to executive director of the Court Support Service Division of the Judicial Branch and made technical changes, effective July 1, 2018; P.A. 19-32 made a technical change; P.A. 19-118 deleted reference to Sec. 17b-256 and made a technical change, effective July 1, 2019.

See Sec. 17b-250 re payment of hospital expenses of inmate transferred from correctional institution.

See Sec. 18-52a re hospitalization of prisoners for surgery or other care.

See Sec. 18-94 re retention of diseased inmates in correctional or charitable institutions.

Cited. 158 C. 439; 195 C. 303; 201 C. 115.

(1972, P.A. 11, S. 1; P.A. 78-1, S. 1, 2; P.A. 80-200, S. 6, 7; P.A. 80-442, S. 24, 25, 28; P.A. 81-437, S. 6, 7, 12; P.A. 82-472, S. 56, 183; P.A. 84-505, S. 1, 2, 5, 6; P.A. 87-538, S. 2, 3, 5; P.A. 88-244, S. 2; 88-317, S. 78, 107; P.A. 89-353, S. 5, 8; P.A. 95-152, S. 3.)

Secs. 18-87g and 18-87h. Reserved for future use.

Sec. 18-87i. Emergency correctional facility projects and large increases in correctional facility inmate populations: Notices, negotiated agreements between state and municipalities, arbitration. Section 18-87i is repealed, effective October 1, 1999.

(P.A. 89-353, S. 7, 8; P.A. 99-75, S. 13.)

Sec. 18-87j. Criminal Justice Policy Advisory Commission. There is established a Criminal Justice Policy Advisory Commission which shall be within the Office of Policy and Management for administrative purposes only. The commission shall consist of the undersecretary of the Criminal Justice Policy and Planning Division within the Office of Policy and Management, the Chief Court Administrator, the Commissioner of Correction, the Commissioner of Emergency Services and Public Protection, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Mental Health and Addiction Services and the chairperson of the Board of Pardons and Paroles, or their designees, the executive director of the Court Support Services Division or other designee of the Chief Court Administrator and the following members, each of whom shall be appointed by the Governor: Three government officials, a police chief, three persons representing offender and victim services within the private community and two public members. In addition, the Labor Commissioner and the Commissioner of Social Services, or their designees, shall be members of the commission with authority to deliberate and vote on matters concerning employment and entitlement programs available to adult and juvenile offenders who are reentering the community, the Commissioner of Children and Families and the Commissioner of Education, or their designees, shall be members of the commission with authority to participate and vote on matters concerning juvenile justice and the Commissioner of Veterans Affairs, or his or her designee, shall be a member of the commission with authority to deliberate and vote on matters concerning veterans within the criminal justice system including the reentry needs of incarcerated veterans. The undersecretary of the Criminal Justice Policy and Planning Division shall serve as chairperson of the commission. The commission shall meet at such times as it deems necessary.

(P.A. 81-437, S. 1, 12; P.A. 82-472, S. 168, 183; P.A. 84-27, S. 2; P.A. 02-132, S. 11; P.A. 04-234, S. 2, 14; P.A. 05-249, S. 5; P.A. 06-193, S. 4; P.A. 13-214, S. 15; P.A. 15-44, S. 1; P.A. 16-167, S. 24; P.A. 17-58, S. 1.)

History: P.A. 82-472 made a technical change by eliminating the director of the justice commission from the commission on prison and jail overcrowding and adding one more government official; P.A. 84-27 deleted the requirement that the commission meet at least once each month; P.A. 02-132 replaced “the Chief Bail Commissioner” with “the executive director of the Court Support Services Division” and made technical changes; P.A. 04-234 added the Commissioner of Mental Health and Addiction Services and the chairperson of the Board of Parole as members of the commission and authorized the designees of those individuals and of the Commissioner of Correction and the Commissioner of Public Safety to serve, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 05-249 added the undersecretary of the Criminal Justice Policy and Planning Division within the Office of Policy and Management as a member of the commission and replaced provision requiring the Governor to appoint a chairperson from among the members of the commission with provision requiring said undersecretary to serve as chairperson, effective July 1, 2006; P.A. 06-193 changed name of Commission on Prison and Jail Overcrowding to Criminal Justice Policy Advisory Commission, added Labor Commissioner and Commissioner of Social Services, or their designees, as members with respect to matters concerning employment and entitlement programs available to adult and juvenile offenders reentering the community and added Commissioner of Children and Families and Commissioner of Education, or their designees, as members with respect to matters concerning juvenile justice, effective July 1, 2006; P.A. 13-214 changed number of members representing offender and victim services within private community from 2 to 3; P.A. 15-44 added Commissioner of Veterans' Affairs as a member with authority to deliberate and vote on matters concerning veterans within the criminal justice system; P.A. 16-167 replaced “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, effective July 1, 2016; P.A. 17-58 replaced “Commissioner of Public Safety” with “Commissioner of Emergency Services and Public Protection”, effective June 20, 2017.

See Sec. 4-38f for definition of “administrative purposes only”.

Sec. 18-87k. Powers and duties of commission. (a) The Criminal Justice Policy Advisory Commission shall: (1) Develop and recommend policies for preventing prison and jail overcrowding; (2) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding and recommend legislation to the Governor and the General Assembly; (3) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make such information available to criminal justice agencies and members of the General Assembly; (4) advise the undersecretary of the Criminal Justice Policy and Planning Division on policies and procedures to promote more effective and cohesive state criminal justice and juvenile justice systems and to develop and implement the offender reentry strategy as provided in section 18-81w; (5) monitor developments throughout the state's criminal justice system; (6) identify specific needs for reentry services in geographic areas throughout the state; (7) identify institution-based and community-based programs and services that effectively address offender needs and reduce recidivism including, but not limited to, education and training, employment preparation and job bank, transitional health care, family support, substance abuse, domestic violence and sexual offender programs and services; and (8) assist the undersecretary of the Criminal Justice Policy and Planning Division in developing the recommendations included in the report and presentation made by the division pursuant to section 4-68p.

(b) The commission shall establish a subcommittee on corrections behavioral health composed of the Commissioner of Correction, the Commissioner of Mental Health and Addiction Services and a representative of The University of Connecticut Health Center having responsibility for the administration of the contract with the Department of Correction concerning the provision of health care services to inmates of the department. The subcommittee shall make recommendations to the commission concerning the provision of behavioral health services to inmates of the Department of Correction.

(c) The commission shall establish a subcommittee on correctional staff health and safety composed of the Commissioner of Correction, the Commissioner of Emergency Services and Public Protection and the Commissioner of Mental Health and Addiction Services, or their designees, eight persons appointed one each by the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety, one representative from each of the three local chapters of labor organizations representing correction officers appointed by such local chapter and one representative from each of the labor organizations representing hazardous duty staff of the Department of Correction appointed by such labor organization. The subcommittee shall review the policies and procedures of the Department of Correction with respect to staff health and safety including, but not limited to, the manner in which: (1) Inmate assaults are investigated, classified and assigned points, (2) data on inmate assaults is collected and compiled, and (3) data on inmate assaults is reported to persons and agencies outside the department. The subcommittee shall submit any recommendations it may have to the commission concerning revisions to such policies and procedures.

(P.A. 81-437, S. 2, 12; June 30 Sp. Sess. P.A. 03-6, S. 159; P.A. 04-234, S. 34; P.A. 05-249, S. 6; P.A. 06-193, S. 5; Jan. Sp. Sess. P.A. 08-1, S. 38; P.A. 09-223, S. 1; P.A. 11-51, S. 134; P.A. 21-97, S. 5.)

History: June 30 Sp. Sess. P.A. 03-6 required the commission to take into account the report of the Alternatives to Incarceration Advisory Committee established under Sec. 18-87m in the development of the plan, effective August 20, 2003; P.A. 04-234 designated existing provisions as Subsec. (a) and added Subsec. (b) re establishment, membership and duties of a subcommittee on corrections behavioral health, effective June 8, 2004; P.A. 05-249 amended Subsec. (a) to delete former Subdiv. (3) re annual preparation and distribution of a comprehensive state criminal justice plan for preventing prison and jail overcrowding and redesignate existing Subdiv. (4) as new Subdiv. (3), effective July 1, 2006; P.A. 06-193 amended Subsec. (a) to replace “commission” with “Criminal Justice Policy Advisory Commission”, add new Subdiv. (4) re advising undersecretary of the Criminal Justice Policy and Planning Division on policies and procedures to promote more effective and cohesive state criminal justice and juvenile justice systems and to develop and implement the offender reentry strategy as provided in Sec. 18-81w and add new Subdiv. (5) re assisting said undersecretary in developing recommendations in the report and presentation made pursuant to Sec. 4-68p, effective July 1, 2006; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (a) to add new Subdiv. (5) re monitoring developments throughout state's criminal justice system and annually reporting on reentry strategy, outcomes achieved under reentry strategy, level of integration and coordination of information technology systems and other system-wide issues, add new Subdiv. (6) re annually sponsoring a full-day review of the criminal justice system, add new Subdiv. (7) re identifying specific needs for reentry services in geographic areas, add new Subdiv. (8) re identifying institution-based and community-based programs and services that effectively address offender needs and reduce recidivism, add new Subdiv. (9) developing a guide to best practices in provision of reentry services, add new Subdiv. (10) re developing and annually updating a plan to ensure availability of reentry services and redesignate existing Subdiv. (5) as Subdiv. (11), effective January 25, 2008; P.A. 09-223 added Subsec. (c) re establishment, membership and duties of subcommittee on correctional staff health and safety; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (c), effective July 1, 2011; P.A. 21-97 amended Subsec. (a) by deleting reporting requirement in Subdiv. (5), deleting Subdiv. (6) re sponsorship of an annual full-day review of the criminal justice system, redesignating existing Subdivs. (7) and (8) as Subdivs. (6) and (7), deleting Subdiv. (9) re development of a guide to best practices, deleting Subdiv. (10) re development and update of plan re reentry services and redesignating existing Subdiv. (11) as Subdiv. (8).

Sec. 18-87l. New Haven Armory not to be used to house prisoners or other detainees. The New Haven Armory may not be used in any part or at any time for the incarceration or holding of persons charged with, or convicted of, a crime, including, but not limited to, any temporary housing of prisoners or detainees on an emergency basis.

(P.A. 00-192, S. 18, 102.)

History: P.A. 00-192 effective July 1, 2000.

Sec. 18-87m. Alternatives to Incarceration Advisory Committee: Membership, duties, report. Commissioner to implement alternatives to incarceration initiatives to reduce prison population. Section 18-87m is repealed, effective July 1, 2006.

(June 30 Sp. Sess. P.A. 03-6, S. 158; P.A. 04-234, S. 2; P.A. 06-119, S. 4.)

Sec. 18-88. (Formerly Sec. 18-14). Industrial activities. State agencies required to purchase necessary products from institution industries. Retail hobby stores. (a) The commissioner shall use the industrial fund for the institutions of the department as a revolving fund for the maintenance and continuance of such productive industries as the commissioner directs and for the purchase of supplies, stock, tools, machinery and other equipment to promote in any way the industrial activities, including agricultural activities, of the institutions. The proceeds from all sales resulting from such activities shall be paid to the Treasurer and credited to said fund.

(b) The commissioner shall approve the establishment and maintenance of any and all such industrial activities, which may include, but need not be limited to, an optical shop to produce prescription eyeglasses for inmates of correctional institutions, for persons under state care in other institutions and for other persons receiving or eligible to receive benefits under Title XIX of the federal Social Security Act, as amended, provided such optical shop is under the direct supervision of an optician licensed under chapter 381, and provided further such eyeglasses are prescribed by an optometrist licensed under chapter 380, and are fitted by such licensed optometrist or by an optician licensed under chapter 381, after considering and determining the extent, if any, to which each industry may compete with private industry and, as far as possible, shall encourage a diversified program. If the optical shop is unable to fill the prescription for such eyeglasses for any reason, within the two-week period from its receipt of such prescription, the shop shall notify the person who prescribed such eyeglasses within ten days after receipt of such prescription.

(c) The commissioner may, by regulation, provide, for any injury suffered by any inmate arising out of and in the course of his employment in such industries, a compensation award not covered under section 4-165b. Such payments shall not exceed the sum of one dollar and fifty cents per week and shall be payable solely from profits from such industries.

(d) The commissioner may appoint, in accordance with chapter 67, a superintendent of institution industries and such assistants and employees as he deems necessary to (1) manage the industries, (2) market and deliver the products and (3) investigate complaints. The compensation of such appointees shall be paid from the industrial fund.

(e) The commissioner shall cause such articles, materials and products as are used by state agencies and political subdivisions to be produced by the labor of prisoners and sold at prices comparable with the lowest market prices for such articles and materials sold or offered for sale outside the institutions.

(f) Any political subdivision of the state or federal government, any private nonprofit entity, including one which receives all or part of its revenues from any political subdivision of the state or federal government or any benefit corporation created under chapter 604, may purchase any articles, materials or products required by it which are produced or manufactured by the institution industries, and any person may purchase products and by-products of farming operations in accordance with section 53-329. The commissioner may promulgate and circulate at sufficiently frequent intervals for distribution to the Commissioner of Administrative Services, the Comptroller and such political subdivisions a catalog showing styles, designs, sizes and varieties of all articles, materials and products manufactured and produced at the institutions and periodical price lists for all such articles.

(g) Each state department, agency, commission or board shall purchase its necessary products and services from the institution industries if such products and services are produced or manufactured and made available by such industries, provided such products and services are of comparable price and quality and in sufficient quantity as may be available for sale or offered for sale outside the institutions.

(h) The commissioner shall file an annual report of the industrial operations with the Governor and a balance sheet and statement of operations with the Comptroller at such times as he requests. The commissioner shall determine at the end of each fiscal year the amount of cash working capital necessary to be retained in the industrial fund and the excess of the amount so determined shall be transferred to the General Fund.

(i) The Commissioner of Correction may establish retail hobby stores for the purpose of the sale to the public, but not for resale, of articles made by inmates of any of the institutions of the department. The proceeds of such sales, less a charge to defray the cost of the sales as determined by the commissioner, shall be deposited in the inmate's institutional account. Such hobby products shall be subject to approval by the Commissioner of Correction.

(j) Any person who sells or offers for sale on the open market, to any person other than as specified in this section, any articles, materials or products manufactured or produced by institution inmates, shall be fined not less than one hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or be both fined and imprisoned.

(k) The Commissioner of Correction may establish, within the industrial fund, commissaries to be operated for the purpose of sale to inmates of items authorized by the commissioner. The cost of the commissary operation shall be charged to the fund and the proceeds of such sales shall be deposited in the fund. The commissioner is authorized to transfer a portion of the profits from the operation of the commissaries to the Correctional General Welfare Fund established under section 4-57a.

(1949 Rev., S. 3017; 1957, P.A. 657, S. 1–11, 14; 1961, P.A. 45, S. 1; 1963, P.A. 28, S. 3; 1967, P.A. 152, S. 33; 1969; P.A. 470; P.A. 77-614, S. 274, 610; P.A. 78-293, S. 1, 2, 6; P.A. 79-151; P.A. 84-236, S. 2; P.A. 88-1, S. 5, 13; 88-116, S. 10; P.A. 90-74; P.A. 91-406, S. 6, 29; P.A. 98-263, S. 16, 21; P.A. 01-106, S. 1, 6; P.A. 18-155, S. 4, 5.)

History: 1961 act deleted provision in Subsec. (a) that members be appointed in odd-numbered years for two-year terms and provided for staggered terms of five years each; 1963 act deleted stipulation in Subsec. (b) that industrial fund be used for State Prison and State Prison farm and substituted Osborn Division for State Prison farm in same subsection; 1967 act substituted “The Correction” for “State Prison” in name of Commission (Subsec. (a)), “institution” for “prison,” “State Prison” and “Osborn division” (Subsecs. (b), (d), (f), (g) and (h)), “commissioner of correction” for “directors” (Subsecs. (a), (d), (g) and (i), “commissioner” for “warden of the State Prison” (Subsec. (f)), and “institution inmates” for “prisoners” to conform with new terminology of title 18, further deleted obsolete provision re staggered terms of appointment and substituted provision authorizing governor to appoint member annually for five-year term to replace member whose term expires (Subsec. (a)), added provisions for use of industrial fund for “institutions of the department” (Subsec. (b)), deleted provisions for incentive wages for meritorious service and the grading of inmates according to skill and work habits (Subsec. (d)) and provision that section “shall not apply to State Prison for Women” (Subsec. (d)(1)); Sec. 18-14 transferred to Sec. 18-88 in 1968; 1969 act inserted new Subsec. (j) re retail hobby stores and redesignated former Subsec. (j) as Subsec. (k); P.A. 77-614 deleted Subsec. (a) which had described organization of Correction Industries Advisory Commission, redesignating remaining Subsecs. accordingly, transferred duties of commission to commissioner of correction and replaced commissioner of finance and control with secretary of the office of policy and management, effective January 1, 1979; P.A. 78-293 added provisions re production of eyeglasses in optical shop in Subsecs. (b) and (c); P.A. 79-151 authorized federal government and private nonprofit entities to purchase products in Subsec. (f) and required state agencies to purchase products and services from institution industries as specified in Subsec. (g); P.A. 84-236 amended Subsec. (a) to allow use of funds for agricultural activities; P.A. 88-1 amended Subsec. (h) to eliminate involvement of secretary of the office of policy and management in determination of amount of cash working capital to be retained in fund; P.A. 88-116 substituted “commissioner of administrative services” for “director of purchasing” in Subsec. (f); P.A. 90-74 amended Subsec. (f) by permitting any person to purchase products and by-products of farming operations in accordance with Sec. 53-329; P.A. 91-406 corrected an internal reference in Subsec. (c), substituting Sec. 4-165b for Sec. 18-95; P.A. 98-263 added Subsec. (k) re establishment and operation of commissaries, effective July 1, 1998; P.A. 01-106 amended Subsec. (g) to eliminate provision prohibiting Comptroller's approval of certain purchases that are not from institution industries, effective July 1, 2001; P.A. 18-155 amended Subsec. (b) by replacing “including, but not limited to, an optical shop” with “which may include, but need not be limited to, an optical shop”, amended Subsec. (f) by adding “or any benefit corporation created under chapter 604”, and made technical changes.

See Sec. 53-329 re deposit of proceeds from sale of prison labor products in industrial fund.

Former statute cited. 130 C. 111.

Sec. 18-88a. Correction Industries Revolving Fund, charge for fringe benefits prohibited. The Comptroller shall not charge the Correction Industries Revolving Fund for the cost of fringe benefits for employees of said fund paid by the Comptroller.

(P.A. 86-312, S. 18, 21.)

Sec. 18-89. (Formerly Sec. 18-9). Contracts for labor; public institutions. No contract or agreement shall be made for the labor or services of inmates of any correctional or other state institution in the manufacture of goods or any portion of such manufacture, or for the product of such labor or services, except after public notice, by advertising in at least three daily papers having a circulation in different sections of the state, calling for sealed proposals or bids for such labor, or the product thereof, and such proposal or bid, received in accordance with such notice, as is by its terms most advantageous to the state shall be accepted by the authorities in charge of the disposal of such labor, or the product thereof, and such contract or agreement shall be made in accordance with the terms of such notice and such proposal or bid. No such contract or agreement shall be made for any period exceeding four years. The provisions of this section shall not apply to section 18-88.

(1949 Rev., S. 3004; 1957, P.A. 657, S. 12; 1961, P.A. 517, S. 56; 1967, P.A. 152, S. 31.)

History: 1961 act deleted obsolete references to county institutions; 1967 act substituted “correctional” for “penal”; Sec. 18-9 transferred to Sec. 18-89 in 1968.

See Sec. 18-7 re powers and duties of warden.

Sec. 18-90. (Formerly Sec. 18-10). Prisoners; employment restricted. Section 18-90 is repealed.

(1949 Rev., S. 3005; P.A. 77-614, S. 323, 610; P.A. 80-14.)

Sec. 18-90a. Employment of inmates. The Commissioner of Correction may permit any inmate of a correctional facility under his jurisdiction to be employed by any department or agency of the state, any political subdivision of the state or federal government or any private, nonprofit entity which desires to make use of the services of such inmates, provided participation by such inmates shall be voluntary. The employment of any inmate pursuant to this section shall not result in the displacement of employed workers, and shall not impair existing contracts for services. Any inmate employed under this section shall receive the same compensation he would receive if he worked within the correctional institution to which he is confined.

(P.A. 73-277; P.A. 86-421, S. 1.)

History: P.A. 86-421 authorized employment of an inmate by any political subdivision of the state or federal government or any private, nonprofit entity and provided that the employment of an inmate shall not result in the displacement of employed workers or impair existing contracts for services.

Sec. 18-90b. Pilot program for inmate labor in private industry. (a) The Commissioner of Correction may establish a pilot program involving the use of inmate labor in private industry consistent with governing federal guidelines.

(b) The commissioner may enter into such contracts as may be necessary to fully implement the pilot program. Such contractual agreements may include rental or lease agreements for state buildings or portions thereof on the grounds of any institution or facility of the Department of Correction and for any real property needed for reasonable access to and egress from any such building for the purpose of establishing and operating a factory for the manufacturing and processing of goods, wares or merchandise or the provision of service or any other business or commercial enterprise deemed by the commissioner to enhance the general welfare of the inmate population.

(c) An inmate may participate in the pilot program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.

(d) No inmate participating in the pilot program shall be paid less than the prevailing wage for work of similar nature in private industry.

(e) Inmate participation in the pilot program shall not result in the displacement of employed workers and shall not impair existing contracts for services.

(f) Nothing in this section shall be deemed to restore in whole or in part the civil rights of any inmate. No inmate compensated for participation in the program shall be considered to be an employee of the state or exempt from the provisions of section 18-85a and regulations adopted in accordance with said section.

(g) The provisions of subsection (j) of section 18-88 shall not apply to any articles, materials or products manufactured or produced by institutional inmates pursuant to this section.

(P.A. 86-349; P.A. 88-300, S. 2; P.A. 13-69, S. 5; P.A. 18-155, S. 8.)

History: P.A. 88-300 amended Subsec. (f) by deleting “or any person, firm or corporation, and no such compensation shall be considered wages for purposes of chapter 567”; P.A. 13-69 amended Subsec. (a) to provide that pilot program be consistent with governing federal guidelines, amended Subsec. (f) to provide that no inmate compensated for participation in program is exempt from Sec. 18-84a or Sec. 18-85a and regulations adopted thereunder, and made technical changes, effective July 1, 2013; P.A. 18-155 amended Subsec. (f) to delete reference to Sec. 18-84a, delete Subdiv. (1) and (2) designators, and make a conforming change.

Cited. 225 C. 528.

Sec. 18-90c. Investigation of certain inmates re child support orders and arrearages. When any person is committed to the custody of the Commissioner of Correction as a result of a criminal conviction and such person receives compensation under the pilot program established pursuant to section 18-90b, the commissioner shall investigate whether (1) the Superior Court or a family support magistrate has issued an order of support of a minor child or children against such person and (2) such person is delinquent on such support payments.

(P.A. 88-300, S. 4.)

Sec. 18-90d. Vocational village program. (a) There is established a vocational village program that shall be administered by the Commissioner of Correction, in consultation with the Department of Economic and Community Development. The program shall provide skilled trades training to inmates and shall include, but need not be limited to, providing inmates opportunities to earn nationally recognized industry certifications and credentials. Such certifications and credentials may include, but need not be limited to, certifications and credentials in computer coding, carpentry, computerized numerical control manufacturing, welding, electrical, heating, ventilation and air conditioning and plumbing.

(b) The Commissioner of Correction shall: (1) Establish eligibility criteria for participation in the program; (2) establish an application process for inmates to apply for participation in the program; (3) develop program objectives; (4) identify nationally recognized industry certifications to offer through the program; (5) develop and implement program curricula; (6) identify and utilize a suitable facility for the operation of the program; (7) obtain suitable staff for the operation of the program; and (8) obtain suitable equipment and educational materials for the operation of the program.

(c) The Commissioner of Correction may (1) participate in the federal Prison Industry Enhancement Certification Program, or (2) partner with private sector entities to further the objectives of the vocational village program.

(d) Not later than January 1, 2022, and annually thereafter, the Commissioner of Correction shall submit a report, in accordance with the provisions of section 11-4a, on the vocational village program to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and commerce.

(e) The Secretary of the Office of Policy and Management shall allocate funds to the Department of Correction, from the federal funds received by the state pursuant to the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, as amended from time to time, the Coronavirus Response and Relief Supplemental Appropriations Act, P.L. 116-260, as amended from time to time, or the American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, for the purposes of the program established pursuant to subsection (a) of this section.

(P.A. 21-188, S. 6.)

Sec. 18-90e. Preparation for and administration of commercial driver's license knowledge tests in institution or facility. (a) As used in this section, “disqualification” has the same meaning as provided in section 14-1.

(b) Not later than January 1, 2023, the Commissioner of Correction shall make suitable space and technology, as necessary, available for the (1) preparation of the commercial driver's license knowledge test as provided by or in conjunction with a regional workforce development board established under section 31-3k, and (2) administration of the commercial driver's license knowledge test, to incarcerated persons who will be reentering the community in six months or less and who are not subject to disqualification from driving a commercial motor vehicle or subject to suspension, revocation or cancellation of operating privileges in any state.

(c) Not later than January 1, 2023, the Commissioner of Motor Vehicles shall assign personnel and provide other resources, as necessary, to administer the commercial driver's license knowledge test in a written or electronic manner in any institution or facility of the Department of Correction deemed appropriate by the Commissioners of Motor Vehicles and Correction.

(P.A. 22-10, S. 1.)

Sec. 18-91. (Formerly Sec. 18-16). Use of correctional institutions by United States. Removal of inmates to federal institutions. (a) Any institution of the department may be used, for confining any person held under the authority of any United States statute including persons detained as aliens. The Commissioner of Correction may contract with the United States for the use of such institution, for confining any person held under such authority; but the expense of supporting and confining such person shall be paid by the United States. The commissioner may enter into and execute a contract or contracts with the United States for the removal of any inmate from any institution of the department to a federal correctional institution or medical center when, in his opinion, the inmate needs particular treatment or special facilities available at such correctional institution or medical center, or it is in the best interest of the state. When required as part of the contract the Commissioner of Correction or any person authorized by him may personally deliver such inmate to the particular federal authorities involved, and the state may, in the manner provided in section 4-165b, compensate such prisoner for personal injury or damages sustained by him while being removed to a federal institution for which no other compensation is available, unless such injury or damage was sustained in an attempt at escape or as the result of other misconduct of the prisoner.

(b) The authority of the Commissioner of Correction to contract with the United States pursuant to this section includes but is not limited to the authority to agree to indemnify and hold harmless the United States against any loss or damage to persons or property incurred because of the confinement of any prisoner so transferred.

(1949 Rev., S. 3010; 1957, P.A. 179, S. 1; 1967, P.A. 152, S. 34; 1971, P.A. 189; P.A. 73-251; P.A. 90-230, S. 27, 101.)

History: 1967 act substituted “any institution of the department” for “prison” and “State Prison,” and “commissioner of correction” for “warden and directors of the prison”, deleted references to federal “penitentiary” and substituted federal “correctional institution or medical center”; Sec. 18-16 transferred to Sec. 18-91 in 1968; 1971 act rephrased provision re confinement of persons under U.S. statutes and included confinement of aliens, deleted provision under which prisoners of war could be confined in state facilities, allowed transfer from state to federal facility when “in the best interest of the state” and added provisions re personal delivery to federal authorities and compensation for damages; P.A. 73-251 added Subsec. (b) re hold harmless clause in contracts between state and federal authorities; P.A. 90-230 corrected an internal reference.

Sec. 18-91a. International transfer or exchange of prisoners. (a) If a treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Commissioner of Correction may, on behalf of the state and subject to the terms of the treaty, consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of the state in the treaty. No offender shall be transferred or exchanged under this section unless he consents to such transfer or exchange.

(b) In the event that a foreign national, incarcerated pursuant to the laws of the state, is barred from transferring pursuant to such a treaty due to the indeterminate nature of his sentence, the Board of Pardons and Paroles may, after full review of the foreign national's record, set a determined date. This date shall be considered only for purposes of facilitating international transfer of the foreign national and shall not be considered viable or actionable for any other purpose nor shall such date create any expectation or guarantee of release.

(c) The Commissioner of Correction may designate a person to administer the program for the international transfer of prisoners pursuant to this section.

(P.A. 93-85, S. 1, 2; P.A. 04-234, S. 2.)

History: P.A. 93-85 effective June 2, 1993; P.A. 04-234 replaced Board of Pardons with Board of Pardons and Paroles, effective July 1, 2004.

See Sec. 54-130b re deportation of alien inmates.

Section does not provide for judicial review of commissioner's decision not to grant inmate's request to be transferred, and plainly does not grant an inmate a right to a transfer. 137 CA 135.

Sec. 18-92. Expiration of term on Saturday, Sunday or legal holiday. When the term of any inmate of any institution of the Department of Correction expires on a Saturday, a Sunday or a legal holiday, he shall be discharged on the last business day preceding.

(1967, P.A. 152, S. 38.)

Sec. 18-93. Rules re clothing, transportation, grants and loans to discharged persons. The Commissioner of Correction may make rules for the furnishing of clothing, transportation, grants or loans to persons discharged from his custody.

(1967, P.A. 152, S. 47.)

Sec. 18-94. (Formerly Sec. 17-16). Retention of inmates with sexually transmitted disease in correctional or charitable institutions. When the medical officer of, or any physician, physician assistant or advanced practice registered nurse employed in, any correctional or charitable institution reports in writing to the warden, superintendent or other officer in charge of such institution that any inmate thereof committed thereto by any court or supported therein in whole or in part at public expense is afflicted with any sexually transmitted disease so that such inmate's discharge from such institution would be dangerous to the public health, such inmate shall, with the approval of such warden, superintendent or other officer in charge, be detained in such institution until such medical officer, physician, physician assistant or advanced practice registered nurse reports in writing to the warden, superintendent or officer in charge of such institution that such inmate may be discharged therefrom without danger to the public health. During detention the person so detained shall be supported in the same manner as before such detention.

(1949 Rev., S. 2850; P.A. 87-282, S. 15; P.A. 16-39, S. 15; P.A. 18-168, S. 25; P.A. 21-196, S. 23.)

History: Sec. 17-16 transferred to Sec. 18-94 in 1968; P.A. 87-282 added reference to the “warden” of an institution; P.A. 16-39 added references to advanced practice registered nurse; P.A. 18-168 replaced “venereal” with “sexually transmitted” and made a technical change; P.A. 21-196 added references to physician assistant.

See Sec. 19a-103 re control of communicable diseases in institutions.

Sec. 18-95. (Formerly Sec. 17-18). Compensation for injuries of inmates of state correctional and reformatory institutions. Section 18-95 is repealed.

(1949 Rev., S. 2853; 1961, P.A. 580, S. 1; 1971, P.A. 110; P.A. 76-136, S. 3, 4.)

Sec. 18-96. (Formerly Sec. 18-22). Proceedings on discharge of mentally ill prisoners. Section 18-96 is repealed, effective October 1, 2007.

(1949 Rev., S. 3016; 1961, P.A. 580, S. 10; 1969, P.A. 297; P.A. 86-186, S. 16; P.A. 87-282, S. 16; P.A. 07-158, S. 8.)

Sec. 18-96a. Consideration of psychiatrist diagnosis in assessment of and providing mental health services to inmate with a mental illness. Mental health issues training for custodial staff. Agency collaboration re assistance to inmate with a mental illness upon release. Report re mental health services. (a) When assessing and subsequently providing mental health services to any inmate confined in a correctional facility of the Department of Correction who has been diagnosed with a mental illness by a psychiatrist licensed pursuant to chapter 370, and such psychiatrist has informed the department that such inmate is currently diagnosed by such psychiatrist to be a danger to himself or herself or others, the department shall consider the diagnosis of such psychiatrist in order to appropriately assess such inmate and provide individualized, clinically appropriate and culturally competent mental health services to treat such inmate's condition.

(b) (1) The Department of Correction, in consultation with the Department of Mental Health and Addiction Services, may develop a program for custodial staff members to receive not less than four hours and not more than eight hours of training on mental health issues each year. Within available appropriations, such training shall include, at a minimum: (A) Prevention of suicide and self-injury; (B) recognition of signs of mental illness; (C) communication skills for interacting with inmates with mental illness; and (D) alternatives to disciplinary action and the use of force when dealing with inmates with mental illness. Such program shall be offered: (i) Commencing on July 1, 2009, to all custodial staff members at one or more correctional facilities designated by the Commissioner of Correction; (ii) on and after July 1, 2010, to all custodial staff members at one or more additional correctional facilities designated by the commissioner; and (iii) on and after July 1, 2011, to all custodial staff members at one or more additional correctional facilities designated by the commissioner.

(2) On and after October 1, 2018, in addition to the requirements of subdivision (1) of this subsection, all custodial staff members at each correctional facility of the Department of Correction in which female inmates are confined may, within available appropriations, receive not less than four hours and not more than eight hours of training on gender-specific and trauma-related mental health issues faced by female inmates.

(c) Before the planned release of any inmate diagnosed with a mental illness as provided in subsection (a) of this section from a correctional facility, the Department of Correction shall collaborate with the Judicial Department, the Department of Social Services and the Department of Mental Health and Addiction Services, as deemed necessary and within available appropriations, to assist such inmate in obtaining housing, mental health treatment services, any public benefits for which the inmate is eligible and employment counseling upon the inmate's release.

(d) On February first of each year, the Commissioner of Correction shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, public health and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a. Such report shall set forth (1) the number of inmates who have been determined to require mental health services during the previous calendar year, and (2) a description of program services provided by the Department of Correction and, if applicable, its contracted health services provider.

(P.A. 07-216, S. 1; P.A. 18-4, S. 7.)

History: P.A. 18-4 amended Subsec. (b)(1) by adding provision re training program may be developed in consultation with Department of Mental Health and Addiction Services, deleting provision re training to consist of classroom instruction and written materials provided by qualified mental health professional, and deleting provision re training program to terminate on July 1, 2012, and amended Subsec. (b)(2) by adding “On and after October 1, 2018,” deleting “during the fiscal year ending June 30, 2008,”, and making technical changes.

Sec. 18-96b. Restrictive housing status and isolated confinement for incarcerated persons. Reports. (a) As used in this section:

(1) “Administrative segregation status” means the Department of Correction's practice of placing an incarcerated person on restrictive housing status following a determination that such incarcerated person can no longer be safely managed within the general population of the correctional facility;

(2) “Commissioner” means the Commissioner of Correction;

(3) “De-escalation” means attempting to defuse a crisis without the use of force;

(4) “Department” means the Department of Correction;

(5) “Grievance” means a formal complaint filed by any incarcerated person with the internal grievance system or the department;

(6) “Incarcerated person” means a person confined and in the custody and care of the commissioner, including persons in pretrial, presentencing or post-conviction confinement;

(7) “Isolated confinement” means any form of confinement of an incarcerated person within a cell, except during a facility-wide emergency, lockdown or for the purpose of providing medical or mental health treatment, with less than the following time out of cell:

(A) For all incarcerated persons, four hours per day, on and after July 1, 2022;

(B) For all incarcerated persons in the general population, four and a half hours per day, on and after October 1, 2022; and

(8) “Lockdown” means the enforced detainment of all incarcerated persons within such persons' cells imposed upon an entire correctional facility or part of such facility, other than for the purpose of administrative meetings;

(9) “Medical professional” means (A) a physician licensed under chapter 370; (B) a physician assistant licensed under chapter 370; or (C) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378;

(10) “Restrictive housing status” means any classification of an incarcerated person by the Department of Correction that requires closely regulated management and separation of such incarcerated person from other incarcerated persons, including, but not limited to, administrative segregation status, punitive segregation status, transfer detention status, administrative detention status, security risk group status, chronic discipline status, special needs status and protective custody status;

(11) “Therapist” means any (A) physician licensed pursuant to chapter 370 who specializes in psychiatry; (B) psychologist licensed pursuant to chapter 383; (C) an advanced practice registered nurse licensed pursuant to chapter 387; (D) clinical social worker or master social worker licensed pursuant to chapter 383b; or (E) professional counselor licensed pursuant to chapter 383c; and

(12) “Use of force” means the use of physical force or deadly physical force, as defined in section 53a-3, by a department employee to compel compliance by an incarcerated person. Use of force includes, but is not limited to, the use of restraints, chemical agents, canines or munitions or forcible extraction from a cell, other than in response to a psychiatric emergency.

(b) The department shall not hold any person under eighteen years of age in isolated confinement.

(c) Any use of isolated confinement shall maintain the least restrictive environment necessary for the safety of incarcerated persons and staff, and the security of the facility.

(d) If holding an incarcerated person in isolated confinement, the department shall:

(1) Not later than twenty-four hours after initiating the process of holding such person in isolated confinement, ensure that a medical professional conducts a physical examination and a therapist conducts a mental health evaluation of such person;

(2) Ensure regular monitoring to ensure such person's safety and well-being, including a daily check-in from a therapist;

(3) Continue de-escalation efforts when applicable and appropriate to the situation; and

(4) Provide to such person access to the following:

(A) Reading materials, paper, and a writing implement;

(B) Not less than three showers per week; and

(e) Placement of an incarcerated person in isolated confinement shall be subject to the following:

(1) The department may place a person in isolated confinement only after consideration of less restrictive measures;

(2) No person may be placed in isolated confinement for longer than necessary and no more than fifteen consecutive days or thirty total days within any sixty-day period, after which period, such person shall be released from isolated confinement; and

(3) No person may be placed in isolated confinement based on the same incident that was previously used as the basis for such placement.

(f) No person may be held in isolated confinement for protective custody, except that isolated confinement may be used while the department is determining whether protective custody status is appropriate. The department shall limit the time period for such determination to not more than five business days.

(g) The department shall not impose a lockdown upon an entire correctional facility or part of a correctional facility for purposes of training department staff for more than twenty-four cumulative hours during any thirty-day period.

(h) Not later than January 1, 2024, the department shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction and the Criminal Justice Policy and Planning Division established under section 4-68m concerning measures taken by the department to address the following:

(1) The frequency, cause and duration of lockdowns;

(2) The presence of persons with serious mental illness or developmental and intellectual disabilities in isolated confinement or on restrictive housing status;

(3) Efforts to increase the time an incarcerated person spends outside of such person's cell;

(4) The provision of therapeutic and other pro-social programming for persons on restrictive housing status;

(5) The use of in-cell restraints; and

(6) Fostering cooperation and engagement with the Correction Ombuds pursuant to section 18-81qq and the Correction Advisory Committee established pursuant to section 18-81jj.

(i) The department shall annually on or before January first submit to the Criminal Justice Policy and Planning Division established under section 4-68m a report containing, in a disaggregated and anonymized format, the following data, which shall be broken down by facility and the age, race and sex of incarcerated persons included in the data:

(1) The number of incarcerated persons in isolated confinement in this state's correctional facilities, as of the first day of each of the twelve months preceding the date of the submission of the report and the total number of persons subjected to isolated confinement during the twelve months preceding the date of submission of the report;

(2) The number of incarcerated persons who were in isolated confinement for more than fifteen cumulative days in the previous calendar year as categorized by the following periods of time:

(A) Sixteen to thirty days;

(B) Thirty-one to sixty days;

(D) More than ninety days;

(3) The number of incidents broken down by month during the previous calendar year in the department's facilities categorized as:

(A) Suicides by incarcerated persons;

(B) Attempted suicides by incarcerated persons;

(D) Assaults by incarcerated persons on staff members; and

(E) Assaults and fights between incarcerated persons;

(4) Monthly reports showing the total number of incarcerated persons against whom the department has used force, including use of the following:

(A) Chemical agent devices;

(B) Full stationary restraints;

(D) In-cell restraints;

(E) Less than lethal munitions;

(F) Lethal munitions;

(G) Medical restraints;

(H) Physical force;

(I) Therapeutic restraints;

(J) Cell extraction; and

(K) Canines;

(5) Grievances filed by incarcerated persons, broken down by month, including the number of grievances filed, dismissed, affirmed or otherwise resolved;

(6) Programs offered to incarcerated persons, including the program title and a brief description of the program, the number of spots available in each program and the number of persons enrolled in each program as of the first of each month;

(7) Internal department work assignments held by incarcerated persons, including the work assignment title, the daily wage paid and the number of such persons in each position as of the first of each month; and

(8) External jobs held by incarcerated persons working for outside employers, including the job title, hourly wage paid, the number of such persons in each position as of the first of each month and the name of each employer.

(j) The provisions of this section do not apply to any incarcerated person described in subsection (a) of section 18-10b.

(k) The department shall publish on its Internet web site the formula for calculating an incarcerated person's mental health score and any report pursuant to subsection (i) of this section.

(P.A. 17-239, S. 1; P.A. 22-18, S. 3.)

History: P.A. 17-239 effective January 1, 2018; P.A. 22-18 amended Subsec. (a) by redefining “administrative segregation status” in Subdiv. (1), adding definitions in new Subdivs. (2) to (9), inclusive, redesignating Subdiv. (2) as Subdiv. (10) and redefining “restrictive housing status” in same and adding definitions in Subdivs. (11) and (12), replaced existing language in Subsec. (b) re publishing requirements with language prohibiting holding a person under 18 years of age in isolated confinement, added new Subsec. (c) re use of the least restrictive environment, added new Subsec. (d) re use of isolated confinement, added new Subsec. (e) re limitations on use of isolated confinement, added new Subsec. (f) re use of isolated confinement for protective custody, added new Subsec. (g) re imposition of lockdown, added new Subsec. (h) re one-time reporting requirement, redesignated existing Subsec. (c) as Subsec. (i) and substantially revised ongoing reporting requirements, deleted former Subsec. (d) prohibiting holding a person under 18 years of age on administrative segregation status, deleted former Subsec. (e) re one-time reporting re use and oversight of restrictive housing status, redesignated existing Subsec. (f) as Subsec. (j) and made technical changes in same, deleted former Subsec. (g) re training of employees, deleted former Subsec. (h) re wellness of employees and added Subsec. (k) re publication of formula for calculating mental health score on the department's Internet web site, effective July 1, 2022.

Sec. 18-97. Confinement under a mittimus: Presentence confinement credit prior to July 1, 1981. Any person receiving a fine or a sentence to a correctional institution or a community correctional center for an offense committed prior to July 1, 1981, shall receive credit towards any portion of such fine as is not remitted or any portion of such sentence as to which execution is not suspended for any days spent in custody under a mittimus as a result of any court proceeding for the offense or acts for which such fine or sentence is imposed, provided he shall conform to the rules of the institution. Upon notification from the Commissioner of Correction, the clerk of the court shall enter such credit upon the order in the case of a fine, and upon the mittimus in the case of a sentence and it shall be the duty of the agency or person that held such person under such mittimus to inform the clerk of the court of the proper amount of such credit. In the case of a fine each credit day shall be computed at the rate of ten dollars. In no event shall credit be allowed in excess of the fine or sentence actually imposed.

(1967, P.A. 549, S. 15; 1969, P.A. 735, S. 1; P.A. 75-355, S. 2, 3; P.A. 80-442, S. 5, 28.)

History: 1969 act replaced “prison or jail” with “correctional institution or community correctional center”, allowed credit for days in custody under mittimus if person conforms to institution rules and required commissioner's notification for entering credit on order; P.A. 75-355 raised equivalency of credit day from $3 to $10; P.A. 80-442 specified that provisions applicable to offenses committed before July 1, 1981.

Cited. 168 C. 389; 169 C. 247. “Jailtime” credit given only for time served by detainee prior to sentencing. Id., 540. In order for inmate to be entitled to presentence credit for time served pursuant to section, it must appear he was being confined under mittimus which resulted from offense for which sentence was imposed. 173 C. 312. Cited. 184 C. 434; 196 C. 309. Cannot be applied with Sec. 18-98 cumulatively to the same sentence. 201 C. 115. Cited. 202 C. 343; 215 C. 695.

Cited. 30 CA 190.

Inapplicable to life sentences. 30 CS 20.

Sec. 18-98. Confinement where bail unobtainable: Presentence confinement credit prior to July 1, 1981. Any person who has been denied bail or who has been unable to obtain bail and who is subsequently imprisoned for an offense committed prior to July 1, 1981, is entitled to commutation of his sentence by the number of days which he spent in a community correctional center from the time he was denied or was unable to obtain bail to the time he was so imprisoned. The Commissioner of Correction shall, if such person has conformed to the rules of the institution, credit such person with the number of days to which the supervising officer of the correctional center where such person was confined while awaiting trial certifies such person was confined between the denial of bail to him or his inability to obtain bail and his imprisonment.

(1967, P.A. 869; 1969, P.A. 735, S. 2; P.A. 80-442, S. 6, 28.)

History: 1969 act replaced “jail” and “deputy jailer” with community correctional center and its supervising officer and allowed credit be given if person has conformed to institution rules; P.A. 80-442 made provisions applicable for offenses committed before July 1, 1981.

Cited. 168 C. 389. Section applies only to any person “who has been denied bail or who has been unable to obtain bail and who is subsequently imprisoned”. 169 C. 247. “Jailtime” credit given only for time served by detainee prior to sentencing. Id., 540. Cited. 173 C. 312. Section does not entitle petitioner to credit on Connecticut sentence for time he was incarcerated in Florida awaiting extradition to Connecticut. 196 C. 309. Does not apply to time spent in confinement out of state awaiting extradition. Id., 572. Cited. 198 C. 542. Cannot be applied with Sec. 18-97 cumulatively to the same sentence. 201 C. 115. Cited. 202 C. 343; 215 C. 695; 217 C. 568.

Cited. 24 CA 612; 30 CA 190.

Cited. 41 CS 229.

Sec. 18-98a. Deduction of time for periods of employment. Each person committed to the custody of the Commissioner of Correction who is employed within the institution to which he was sentenced, or outside as provided by section 18-100, for a period of seven consecutive days, except for temporary interruption of such period as excused by the commissioner for valid reasons, may have one day deducted from his sentence for such period, in addition to any other earned time, at the discretion of the Commissioner of Correction.

(1969, P.A. 298, S. 1; P.A. 73-42.)

History: P.A. 73-42 allowed 1-day deduction for 7 consecutive days served rather than 26 days for 180 consecutive days served.

Commissioner, provided he does not act illegally, arbitrarily or in abuse of discretion, need not deduct time to be served from prisoner's sentence under statute if prisoner fails to observe rules incident to requisite job assignment. 181 C. 286. Cited. 207 C. 412; 209 C. 191; 216 C. 220; 219 C. 269.

Cited. 17 CA 827; 24 CA 612; 39 CA 455.

Sec. 18-98b. Outstandingly meritorious performance award. In addition to any commutation or diminution of sentence or any meritorious time service award which may have been granted under section 18-7 or 18-7a, any inmate committed to the custody of the Commissioner of Correction for a definite term, or for a term with a minimum sentence imposed, may have not more than one hundred twenty days deducted from any one continuous term of imprisonment as an outstandingly meritorious performance award in the discretion of the Commissioner of Correction for exceptional personal achievement, accomplishment and other outstandingly meritorious performance, provided any serious act of misconduct or insubordination or refusal to conform to institution regulations occurring at any time during his confinement shall subject the prisoner, at the discretion of the warden and the commissioner, to the loss of all, or any portion, of any time awarded under this section. When any prisoner is held under more than one conviction the several terms of imprisonment imposed thereunder shall be construed as one continuous term for purposes of determining eligibility for any outstandingly meritorious performance award authorized by this section.

(1971, P.A. 162; P.A. 75-36; P.A. 88-244, S. 1; P.A. 91-406, S. 7, 29; P.A. 15-14, S. 5.)

History: P.A. 75-36 increased percentage of those awarded from maximum of 5% to maximum of 10%; P.A. 88-244 deleted provision re maximum number of inmates who may receive awards; P.A. 91-406 corrected an internal reference, substituting Sec. 18-7a for Sec. 18-53; P.A. 15-14 made technical changes.

Cited. 216 C. 220; 217 C. 568; 219 C. 269.

Cited. 24 CA 612; 34 CA 503; 36 CA 440; 39 CA 455.

Sec. 18-98c. Good conduct credit for presentence confinement prior to July 1, 1981. In addition to the time credits provided for in sections 18-97 and 18-98, any person who has been denied bail or who has been unable to obtain bail and who subsequently is fined or sentenced to a correctional institution or a community correctional center shall receive a good conduct credit towards any portion of such fine as is not remitted or any portion of such sentence as to which execution is not suspended, such credit to be at the rate of ten days for each month of presentence confinement and such credits to be awarded only for prompt obedience to the rules of the correctional institution or community correctional center wherein the person is confined. The provisions of this section allowing credit at the rate of ten days for each month of presentence confinement shall apply to those periods of time spent in presentence confinement pursuant to sections 18-97 and 18-98, which occur after October 1, 1976, for an offense committed prior to July 1, 1981.

(P.A. 75-222; P.A. 76-358, S. 3; P.A. 80-442, S. 7, 28.)

History: P.A. 76-358 changed credit from 5 to 10 days per month of presentence confinement and added provision specifying applicability of 10-day credit rate; P.A. 80-442 stated that credit rate applies to offenses committed before July 1, 1981.

Cited. 196 C. 309.

Cited. 24 CA 612; 30 CA 190.

Sec. 18-98d. Credit for presentence confinement. (a)(1)(A) Any person who is confined to a community correctional center or a correctional institution for an offense committed on or after July 1, 1981, and prior to October 1, 2021, under a mittimus or because such person is unable to obtain bail or is denied bail shall, if subsequently imprisoned, earn a reduction of such person's sentence equal to the number of days which such person spent in such facility from the time such person was placed in presentence confinement to the time such person began serving the term of imprisonment imposed; provided (i) each day of presentence confinement shall be counted only once for the purpose of reducing all sentences imposed after such presentence confinement; and (ii) the provisions of this section shall only apply to a person for whom the existence of a mittimus, an inability to obtain bail or the denial of bail is the sole reason for such person's presentence confinement, except that if a person is serving a term of imprisonment at the same time such person is in presentence confinement on another charge and the conviction for such imprisonment is reversed on appeal, such person shall be entitled, in any sentence subsequently imposed, to a reduction based on such presentence confinement in accordance with the provisions of this section. In the case of a fine, each day spent in such confinement prior to sentencing shall be credited against the sentence at a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction.

(B) Any person who is confined to a community correctional center or a correctional institution for an offense committed on or after October 1, 2021, under a mittimus or because such person is unable to obtain bail or is denied bail shall, if subsequently imprisoned, earn a reduction of such person's sentence equal to the number of days which such person spent in such facility from the time such person was placed in presentence confinement to the time such person began serving the term of imprisonment imposed; provided (i) each day of presentence confinement shall be counted equally in reduction of any concurrent sentence imposed for any offense pending at the time such sentence was imposed; (ii) each day of presentence confinement shall be counted only once in reduction of any consecutive sentence so imposed; and (iii) the provisions of this section shall only apply to a person for whom the existence of a mittimus, an inability to obtain bail or the denial of bail is the sole reason for such person's presentence confinement, except that if a person is serving a term of imprisonment at the same time such person is in presentence confinement on another charge and the conviction for which such imprisonment was imposed is reversed on appeal, such person shall be entitled, in any sentence subsequently imposed, to a reduction based on such presentence confinement in accordance with the provisions of this section. In the case of a fine, each day spent in such confinement prior to sentencing shall be credited against the sentence at a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction.

(2) (A) Any person convicted of any offense and sentenced on or after October 1, 2001, to a term of imprisonment who was confined to a police station or courthouse lockup in connection with such offense because such person was unable to obtain bail or was denied bail shall, if subsequently imprisoned, earn a reduction of such person's sentence in accordance with subdivision (1) of this subsection equal to the number of days which such person spent in such lockup, provided such person at the time of sentencing requests credit for such presentence confinement. Upon such request, the court shall indicate on the judgment mittimus the number of days such person spent in such presentence confinement.

(B) Any person convicted of any offense and sentenced prior to October 1, 2001, to a term of imprisonment, who was confined in a correctional facility for such offense on October 1, 2001, shall be presumed to have been confined to a police station or courthouse lockup in connection with such offense because such person was unable to obtain bail or was denied bail and shall, unless otherwise ordered by a court, earn a reduction of such person's sentence in accordance with the provisions of subdivision (1) of this subsection of one day.

(C) The provisions of this subdivision shall not be applied so as to negate the requirement that a person convicted of a first violation of subsection (a) of section 14-227a and sentenced pursuant to subparagraph (B)(i) of subdivision (1) of subsection (g) of said section serve a term of imprisonment of at least forty-eight consecutive hours.

(b) In addition to any reduction allowed under subsection (a) of this section, if such person obeys the rules of the facility such person may receive a good conduct reduction of any portion of a fine not remitted or sentence not suspended at the rate of ten times the average daily cost of incarceration as determined by the Commissioner of Correction or ten days, as the case may be, for each thirty days of presentence confinement; provided any day spent in presentence confinement by a person who has more than one information pending against such person may not be counted more than once in computing a good conduct reduction under this subsection.

(c) The Commissioner of Correction shall be responsible for ensuring that each person to whom the provisions of this section apply receives the correct reduction in such person's sentence; provided in no event shall credit be allowed under subsection (a) of this section in excess of the sentence actually imposed.

(P.A. 80-442, S. 2, 28; P.A. 81-472, S. 41, 159; P.A. 01-78; P.A. 02-18, S. 2; P.A. 04-234, S. 13; P.A. 06-119, S. 3; P.A. 16-193, S. 33; P.A. 21-102, S. 21.)

History: P.A. 81-472 made technical changes; P.A. 01-78 amended Subsec. (a) to designate existing provisions as Subdiv. (1), redesignate former Subdivs. (1) and (2) as Subparas. (A) and (B), respectively, and add new Subdiv. (2) re credit for presentence confinement in a police station or courthouse lockup and made technical changes throughout section; P.A. 02-18 amended Subsec. (a)(1) to increase from $10 to $50 the credit against a fine for each day spent in presentence confinement and amended Subsec. (b) to increase from $100 to $500 the good conduct reduction in an unremitted fine for each 30 days of presentence confinement; P.A. 04-234 amended Subsec. (a)(1) to replace the rate of $50 with “a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction”, effective June 8, 2004; P.A. 06-119 amended Subsec. (b) to replace $500 with “ten times the average daily cost of incarceration as determined by the Commissioner of Correction” as the amount of the good conduct reduction of an unremitted fine that a person may receive for each 30 days of presentence confinement, effective July 1, 2006; P.A. 16-193 amended Subsec. (a)(2)(C) by substituting “subsection (g)” for “subsection (h)” in provision re sentencing pursuant to Sec. 14-227a; P.A. 21-102 amended Subsec. (a)(1) by making existing language Subsec. (a)(1)(A), adding “and prior to October 1, 2021”, redesignating existing Subsecs. (a)(1)(A) and (a)(1)(B) as Subsecs. (a)(1)(A)(i) and (a)(1)(A)(ii) and adding Subsec. (a)(1)(B) re a person confined on or after October 1, 2021.

Cited. 184 C. 434; 196 C. 309; 201 C. 115; 205 C. 27; 209 C. 23; 215 C. 695; 219 C. 269. Presentence credit not authorized for persons awaiting or contesting extradition; presentence credit not authorized when prisoner not in custody or control of commissioner. 259 C. 855. Regarding claim that incarceration in another state while contesting extradition made section applicable, court held that persons who are confined in another state pending extradition are not similarly situated to persons who are confined in this state pending trial. 266 C. 596. Section requires transfer of credits from earlier imposed sentence to later imposed sentence when both sentences merge into one effective sentence under one docket number; if person serving term of imprisonment exercises right to pursue double jeopardy claim on charge for which sentence may run concurrently, person shall be entitled, in any subsequently imposed sentence, to reduction based on such presentence confinement. 327 C. 24.

Cited. 30 CA 190; 36 CA 440; 39 CA 455; Id., 473; 45 CA 566. Presentence credit not authorized for persons awaiting or contesting extradition. 54 CA 11. Allocation of credit under section does not implicate fundamental right or burden a suspect class, and is rationally related to legitimate public purpose of ensuring that convicted offenders serve the full term of their sentences; respondent's allocation of pretrial confinement credit pursuant to section did not violate separation of powers doctrine; because legislature plays substantial role, in conjunction with the judiciary, in sentencing those convicted of criminal offenses, court could not conclude that statute, as applied by respondent, significantly interfered with judiciary's role in sentencing. 90 CA 460. Credits under section are only available to an individual committed to the custody of Commissioner of Correction and not to a person committed to any other authority, including a juvenile committed to Commissioner of Children and Families. 136 CA 373.

Subsec. (a):

Municipal police department is neither a community correctional center nor a correctional institution. 258 C. 394. When concurrent sentences are imposed on different dates, presentence confinement days accrued simultaneously on more than one docket are utilized fully on the date they are applied to first sentence; hence, they cannot be counted a second time to accelerate discharge date of any subsequent sentence without violating language of Subdiv. (1)(A). 271 C. 808. Section clearly requires that in order for petitioner to receive jail credit, he must request the credit from the sentencing court at the time of sentencing, and such timely request is thus a condition precedent to the court's ability to grant the credit. 294 C. 165.

Court reiterated holding that each day of presentence confinement, regardless of the number of informations under which such confinement accrues, should be counted only once and credited to only one day of sentenced confinement. 80 CA 574. Each day of presentence confinement, regardless of the number of informations under which such confinement accrues, should be counted once and credited to only one day of sentenced confinement. Id., 580. Petitioner cannot earn presentence confinement credit while serving sentence. 83 CA 77. Pretrial confinement credit shall be used only once. 94 CA 283. Recalculation of petitioner's presentence confinement credit in wake of Harris v. Commissioner of Correction did not violate petitioner's right to equal protection, constitute an ex post facto violation or violate the separation of powers doctrine. 104 CA 793.

Subsec. (b):

“One continuous term” language of Sec. 18-7 is applicable to presentence good time credit earned under Subsec. and presentence good time credits earned on one sentence may be credited toward a subsequent, controlling concurrent sentence. 254 C. 214.

Sec. 18-98e. Earned risk reduction credit. (a) Notwithstanding any provision of the general statutes, any person sentenced to a term of imprisonment for a crime committed on or after October 1, 1994, and committed to the custody of the Commissioner of Correction on or after said date, except a person sentenced for a violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 53a-70c or 53a-100aa, or is a persistent dangerous felony offender or persistent dangerous sexual offender pursuant to section 53a-40, may be eligible to earn risk reduction credit toward a reduction of such person's sentence, in an amount not to exceed five days per month, at the discretion of the Commissioner of Correction for conduct as provided in subsection (b) of this section occurring on or after April 1, 2006.

(b) An inmate may earn risk reduction credit for adherence to the inmate's offender accountability plan, for participation in eligible programs and activities, and for good conduct and obedience to institutional rules as designated by the commissioner, provided (1) good conduct and obedience to institutional rules alone shall not entitle an inmate to such credit, and (2) the commissioner or the commissioner's designee may, in his or her discretion, cause the loss of all or any portion of such earned risk reduction credit for any act of misconduct or insubordination or refusal to conform to recommended programs or activities or institutional rules occurring at any time during the service of the sentence or for other good cause. If an inmate has not earned sufficient risk reduction credit at the time the commissioner or the commissioner's designee orders the loss of all or a portion of earned credit, such loss shall be deducted from any credit earned by such inmate in the future.

(c) The award of risk reduction credit earned for conduct occurring prior to July 1, 2011, shall be phased in consistent with public safety, risk reduction, administrative purposes and sound correctional practice, at the discretion of the commissioner, but shall be completed not later than July 1, 2012.

(d) Any credit earned under this section may only be earned during the period of time that the inmate is sentenced to a term of imprisonment and committed to the custody of the commissioner and may not be transferred or applied to a subsequent term of imprisonment. In no event shall any credit earned under this section be applied by the commissioner so as to reduce a mandatory minimum term of imprisonment such inmate is required to serve by statute.

(e) Prior to release of any inmate whose sentence is being reduced due to risk reduction credits earned pursuant to this section, the commissioner or the commissioner's designee shall review such inmate's records and verify that the inmate earned the risk reduction credits being applied to reduce such inmate's sentence.

(f) The commissioner shall adopt policies and procedures to determine the amount of credit an inmate may earn toward a reduction in his or her sentence and to phase in the awarding of retroactive credit authorized by subsection (c) of this section.

(P.A. 11-51, S. 22; P.A. 15-216, S. 9; P.A. 18-155, S. 3.)

History: P.A. 11-51 effective July 1, 2011; P.A. 15-216 amended Subsec. (a) to add references to Secs. 53a-55, 53a-55a and 53a-70c and to add exception re persistent dangerous felony offender or persistent dangerous sexual offender, added new Subsec. (e) re review of inmate records by warden and redesignated existing Subsec. (e) as Subsec. (f); P.A. 18-155 amended Subsec. (e) by replacing “warden of the correctional facility from which such inmate is to be released” with “commissioner or the commissioner's designee”.

Section is plain and unambiguous and shows that the legislature intended for only sentenced inmates to be eligible to earn risk reduction earned credits. 175 CA 460. An inmate has no liberty interest in risk reduction credits, as commissioner has broad discretion to implement the program. 184 CA 76.

Sec. 18-98f. Use of earned risk reduction credits. Report. Section 18-98f is repealed, effective October 1, 2021.

(P.A. 15-216, S. 1; P.A. 18-155, S. 2; P.A. 21-97, S. 9.)

Sec. 18-98g. General offender sentencing information made publically available. The Department of Correction shall make publically available general offender sentencing information. Such information shall include: (1) The inmate release mechanisms under the authority of the department; (2) information on presentence confinement credit and application pursuant to section 18-98d; (3) information on the eligibility and application of risk reduction credits earned pursuant to section 18-98e; (4) the standards for eligibility for parole; (5) the state-wide automated victim information and notification system established under section 54-235; and (6) any other information the Commissioner of Correction deems pertinent.

(P.A. 17-217, S. 3.)

Sec. 18-99. Camp for community correctional center, Connecticut Correctional Institution, Cheshire, and School for Boys inmates. Section 18-99 is repealed.

(1967, P.A. 651, S. 1–3; 1971, P.A. 872, S. 410; P.A. 76-324, S. 1, 2.)

Sec. 18-99a. Creation and administration of school district within the Department of Correction. Unified School District #1. (a) The Commissioner of Correction may establish a school district within the Department of Correction for the education or assistance of any person confined in any institution of the department. The school district shall be known as State of Connecticut-Unified School District #1.

(b) The Commissioner of Correction shall administer, coordinate and control the operations of the school district and shall be responsible for the overall supervision and direction of all courses and activities of the school district and shall establish such vocational and academic education, research and statistics, training and development services and programs as he considers necessary or advisable in the best interests of the persons benefiting therefrom.

(1969, P.A. 636, S. 1, 2; P.A. 77-614, S. 275, 610; P.A. 83-169, S. 2; P.A. 96-180, S. 54, 166; P.A. 98-263, S. 17, 21.)

History: P.A. 77-614 deleted reference to consultation with council of correction in Subsec. (b), effective January 1, 1979; P.A. 83-169 changed name designation of school district to State of Connecticut-Unified School District #1; P.A. 96-180 made technical change in Subsec. (a), effective June 3, 1996; P.A. 98-263 amended Subsec. (a) to replace reference to persons sentenced or transferred to any institution of the department, including but not limited to any person on parole, with reference to persons confined in any institution of the department, effective July 1, 1998.

See Sec. 10-15d re applicability of education general statutes to special school district.

Section places responsibility of tending to educational needs of those incarcerated with the special school district within Department of Correction and requires that it identify students in need of special education. 64 CA 273.

Cited. 45 CS 57.

Sec. 18-99b. Powers of district. Cooperation with federal government. Provision of menstrual products. (a) The school district acting by the Commissioner of Correction shall have the power to (1) establish and maintain within the Department of Correction such schools of different grades as the commissioner may from time to time require and deem necessary in the best interests of those persons confined in any institution of the department, (2) establish and maintain within the department such school libraries as may from time to time be required in connection with the educational courses, services and programs authorized by section 18-99a and this section, (3) purchase, receive, hold and convey personal property for school purposes and equip and supply such schools with necessary furniture and other appendages, (4) make agreements and regulations for the establishing and conducting of such schools as are authorized under said sections and employ and dismiss, in accordance with the applicable provisions of section 10-151, such teachers as are necessary to carry out the intent of said sections, and to pay their salaries, and (5) receive any federal funds or aid made available to the state for rehabilitative or other programs and shall be eligible for and may receive any other funds or aid whether private, state or otherwise, to be used for the purposes of said sections.

(b) The school district acting by the Commissioner of Correction may, pursuant to agreements, cooperate with the federal government in carrying out the purposes of any federal acts pertaining to vocational rehabilitation, and may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational or other rehabilitation in correctional institutions, and may comply with such conditions as may be necessary to secure the full benefit of all such federal funds available.

(c) On and after July 1, 2023, the school district acting by the Commissioner of Correction shall upon request, provide a person confined in any institution of the Department of Correction who is attending a school within such district menstrual products as soon as practicable. Correctional staff shall provide such menstrual products for free, in a quantity that is appropriate to the health care needs of such person and in a manner that does not stigmatize any person seeking such products, pursuant to guidelines established by the Commissioner of Public Health under section 19a-131l. To carry out the provisions of this section, the Department of Correction may (1) accept donations of menstrual products and grants from any source for the purpose of purchasing such products, and (2) partner with a nonprofit or community-based organization.

(1969, P.A. 636, S. 3, 4; P.A. 77-614, S. 276, 610; P.A. 82-472, S. 57, 183; P.A. 83-169, S. 3; P.A. 98-263, S. 18, 21; P.A. 22-118, S. 83.)

History: P.A. 77-614 deleted reference to commissioner's consultation with council of correction in Subsec. (a), effective January 1, 1979; P.A. 82-472 amended Subsec. (b) by deleting the requirement that the commissioner of correction consult with the council of correction; P.A. 83-169 made technical changes; P.A. 98-263 amended Subsec. (a)(1) to replace reference to persons sentenced or transferred to any institution of the department, including but not limited to any person on parole, with reference to persons confined in any institution of the department, effective July 1, 1998; P.A. 22-118 made a technical change in Subsec. (a) and added Subsec. (c) requiring provision of menstrual products upon request, effective July 1, 2022.

Sec. 18-100. Work-release and education-release programs. Transfer to correctional institution, halfway house, group home, mental health facility or community or private residence. (a) The Commissioner of Correction, or such person as said commissioner delegates, may, at his discretion arrange for the continuation of the employment of any person committed to the custody of said commissioner in accordance with the provisions of section 54-92a, including persons committed for contempt of court, who is self-employed or who has been regularly employed. If such person has not been so employed the commissioner or his delegate or any suitable person or agency designated by the commissioner shall attempt to secure suitable employment for such person or provide for his attendance at an educational institution if his prior education, aptitude and ability indicate he would profit by such instruction.

(b) Before securing employment for any prisoner under the provisions of this section the commissioner shall determine (1) that such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and (2) that the rates of pay and other conditions of employment will not be less than those paid or provided for work of similar nature in the locality in which the work is performed.

(c) Each person accorded the privileges of this section shall be confined in the institution to which he was sentenced during such time as he is not actually at his employment or is not in attendance at an educational institution.

(d) The Commissioner of Correction shall establish such regulations as he deems necessary for the administration of this section and section 18-101 and for the conduct of persons granted the privileges of this section; and he may suspend the privileges of any persons who violate such regulations or whose conduct he believes is unsuitable for the continuation of such privileges.

(e) If the Commissioner of Correction deems that the purposes of this section may thus be more effectively carried out, the commissioner may transfer any person from one correctional institution to another or to any public or private nonprofit halfway house, group home or mental health facility or, after satisfactory participation in a residential program, to any approved community or private residence. Any inmate so transferred shall remain under the jurisdiction of said commissioner.

(1967, P.A. 773, S. 1–4, 6; P.A. 78-92, S. 1; P.A. 82-383, S. 2; P.A. 87-282, S. 17; P.A. 89-383, S. 1, 16; P.A. 90-261, S. 2, 19; P.A. 04-234, S. 30.)

History: P.A. 78-92 added provisions in Subsec. (e) re transfers to public or private nonprofit halfway houses, group homes or mental health facilities; P.A. 82-383 amended Subsec. (e) by authorizing the commissioner to transfer an inmate to an approved community residence and providing that personnel of the department of correction will supervise such inmate; P.A. 87-282 amended Subsec. (e) to add reference to “warden” of an institution; P.A. 89-383 amended Subsec. (d) to make technical changes and authorize the commissioner to implement the provisions of Subsec. (f) notwithstanding the absence of regulations and any other provision of the general statutes and added Subsec. (f) to authorize the commissioner to release persons charged with certain class D felonies and misdemeanors to their place of abode and impose conditions on their release, and to prohibit the receipt of good conduct credit or presentence confinement credit for any period that the person is not confined in a correctional institution or community correctional center, effective July 5, 1989, to July 1, 1994 (Revisor's note: The amendments to this section contained in P.A. 89-383 were deleted by the Revisors following their expiration on July 1, 1994); P.A. 90-261 amended Subsec. (e) to eliminate the authority of the commissioner to transfer an inmate to an approved community residence and the provision that personnel of the department of correction will supervise such inmate, effective July 1, 1993; P.A. 04-234 amended Subsec. (e) to authorize the commissioner to transfer a person, “after satisfactory participation in a residential program, to any approved community or private residence”, delete requirement that a transfer be “with the concurrence of the warden, superintendent or person in charge of the facility to which said person is being transferred” and make a technical change for purposes of gender neutrality, effective June 8, 2004.

See Sec. 53a-169 re penalty imposed for felony of escape in the first degree.

Cited. 185 C. 517; 213 C. 38; 221 C. 402; 234 C. 301.

Cited. 26 CA 48; 35 CA 1; 39 CA 407.

Subsec. (d):

Does not authorize prosecution of single failure to report as “escape” under Sec. 53a-169(a)(2). 216 C. 402.

Secs. 18-100a and 18-100b. Petty cash fund for loans for work-release program. Release of prisoners to an approved community residence; eligibility. Sections 18-100a and 18-100b are repealed.

(1969, P.A. 609, S. 1, 2; P.A. 88-244, S. 3; P.A. 89-39; 89-383, S. 13, 16; P.A. 90-261, S. 3; P.A. 95-152, S. 3.)

Sec. 18-100c. Release of prisoners with definite sentences of two years or less to halfway house, group home, mental health facility or other approved community correction program. A person convicted of a crime who is incarcerated on or after July 1, 1993, who received a definite sentence of two years or less, and who has been confined under such sentence for not less than one-half of the sentence imposed by the court, less such time as may have been earned under the provisions of section 18-7, 18-7a, 18-98a, 18-98b or 18-98d or less any risk reduction credit earned under the provisions of section 18-98e, may be released pursuant to subsection (e) of section 18-100 or to any other community correction program approved by the Commissioner of Correction.

(P.A. 90-261, S. 4; P.A. 93-219, S. 1, 14; P.A. 11-51, S. 23.)

History: P.A. 93-219 expanded release eligibility to include prisoners who received a definite sentence of two years or less, rather than one year or less, and added references to Secs. 18-7a, 18-98a, 18-98b and 18-98d, effective July 1, 1993; P.A. 11-51 provided for deduction from sentence of any risk reduction credit earned under Sec. 18-98e, effective July 1, 2011.

See Sec. 54-125a re release on parole of inmates with sentences of more than two years.

Sec. 18-100d. Supervision of persons convicted of a crime committed on or after October 1, 1994, required until expiration of sentence. Notwithstanding any other provision of the general statutes, any person convicted of a crime committed on or after October 1, 1994, shall be subject to supervision by personnel of the Department of Correction until the expiration of the maximum term or terms for which such person was sentenced less any risk reduction credit earned under the provisions of section 18-98e.

(P.A. 93-219, S. 10, 14; P.A. 04-257, S. 116; P.A. 11-51, S. 24.)

History: P.A. 93-219 effective July 1, 1993; P.A. 04-257 deleted provision re supervision by personnel of “the Board of Parole” and made a technical change for purposes of gender neutrality, effective June 14, 2004; P.A. 11-51 provided for deduction from sentence of any risk reduction credit earned under Sec. 18-98e, effective July 1, 2011.

Section may be harmonized with Sec. 53a-38(b)(1) re determining controlling sentence where prisoner serving concurrent sentences for crimes committed both on or after October 1, 1994, and before October 1, 1994, and where pre-October 1, 1994 sentence subject to good time credit under Sec. 18-7a(c); determination of controlling sentence not a static concept. 261 C. 806. Where petitioner was convicted for offenses that occurred from 1993 to 1995, which therefore occurred both before and after October 1, 1994, petitioner was not eligible for good time credits under section or Sec. 18-7a. 290 C. 653.

Habeas court found to have improperly determined that petitioner was not eligible for good time credits; court's interpretation of good time statutes has the potential of burdening defendant in such a manner so as to conclude that the statutes are penal in nature; in resolving a latent ambiguity as to whether defendant was eligible for good time credits, the rule of lenity applied. 101 CA 52.

Sec. 18-100e. Pilot zero-tolerance drug supervision program. (a) Not later than October 1, 1998, the Commissioner of Correction shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to individuals who are eligible for participation in a community release program pursuant to section 18-100c and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the Commissioner of Correction.

(b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, and (3) comply with all rules established by the halfway house if detained in such facility.

(c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant may be detained in a halfway house facility for a period of two days.

(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Department of Correction shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant may be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released from such halfway house and the fee, if paid by the participant, shall be refunded to the participant.

(e) If at any time during participation in the zero-tolerance drug supervision program, the Commissioner of Correction determines that the conduct of the participant is unsuitable for continuation in such program, such participant may be returned to a correctional facility.

(P.A. 98-145, S. 2, 4; June Sp. Sess. P.A. 98-1, S. 93, 121; P.A. 02-89, S. 33.)

History: June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (d), effective June 24, 1998; P.A. 02-89 deleted as obsolete Subsec. (f) re submission of a report on the program by January 1, 2000.

See Sec. 54-125f re pilot zero-tolerance drug supervision program established by chairman of Board of Pardons and Paroles.

Sec. 18-100f. Release of certain arrested persons being held pretrial. Unless otherwise ordered by the court, whenever an arrested person charged with the commission of no crime other than a class D or E felony or a misdemeanor, except a violation of section 53a-60a, 53a-60b, 53a-60c, 53a-60d, 53a-72a, 53a-73a or 53a-181c, is committed by the court to the custody of the Commissioner of Correction pursuant to section 54-64a, the commissioner may release such person to a residence approved by the Department of Correction subject to such conditions as the commissioner may impose including, but not limited to, participation in a substance abuse treatment program and being subject to electronic monitoring or any other monitoring technology or services. Any person released pursuant to this section shall remain in the custody of the commissioner and shall be supervised by employees of the department during the period of such release. Upon the violation by such person of any condition of such release, the commissioner may revoke such release and return such person to confinement in a correctional facility.

(P.A. 04-234, S. 10; P.A. 13-258, S. 4.)

History: P.A. 04-234 effective June 8, 2004; P.A. 13-258 made section applicable to arrested person charged with commission of a class E felony.

Sec. 18-100g. Release of aliens to immigration authorities. Notwithstanding any provision of the general statutes, any alien convicted of a crime who received a definite sentence of five years or less and has been confined under such sentence for not less than one-half of the sentence imposed may be released by the Commissioner of Correction pursuant to subsection (e) of section 18-100 to United States Immigration and Customs Enforcement.

(Sept. Sp. Sess. P.A. 09-7, S. 94.)

History: Sept. Sp. Sess. P.A. 09-7 effective October 5, 2009.

Sec. 18-100h. Release of persons convicted of certain motor vehicle and drug offenses to their residences. (a) Notwithstanding any provision of the general statutes, whenever a person is sentenced to a term of imprisonment pursuant to section 14-215, subsection (g) of section 14-227a or subdivision (1) of subsection (c) of section 14-227m and committed by the court to the custody of the Commissioner of Correction, the commissioner may, after admission and a risk and needs assessment of such person, release such person to such person's residence subject to the condition that such person not leave such residence unless otherwise authorized. Based upon the assessment of such person, the commissioner may require such person to be subject to electronic monitoring, which may include the use of a global positioning system and continuous monitoring for alcohol consumption, and to any other conditions the commissioner deems appropriate. Any person released pursuant to this subsection shall remain in the custody of the commissioner and shall be supervised by employees of the department during the period of such release. Upon the violation by such person of any condition of such release, the commissioner may revoke such release and return such person to confinement in a correctional facility. The commissioner shall establish an advisory committee for the purpose of developing a protocol for the training of correctional staff assigned to the assessment and supervision of offenders eligible for release pursuant to this subsection, evaluation of outcomes of participation in such release, the establishment of victim impact panels and the provision of treatment to such participants. For purposes of this subsection, “continuous monitoring for alcohol consumption” means automatically testing breath, blood or transdermal alcohol concentration levels and tamper attempts at least once every hour regardless of the location of the person being monitored.

(b) Notwithstanding any provision of the general statutes, whenever a person is sentenced to a term of imprisonment for a violation of section 21a-267, 21a-279 or 21a-279a, and committed by the court to the custody of the Commissioner of Correction, the commissioner may, after admission and a risk and needs assessment, release such person to such person's residence subject to the condition that such person not leave such residence unless otherwise authorized. Based upon the assessment of such person, the commissioner may require such person to be subject to electronic monitoring, which may include the use of a global positioning system and continuous monitoring for alcohol consumption, to drug testing on a random basis, and to any other conditions that the commissioner may impose. Any person released pursuant to this subsection shall remain in the custody of the commissioner and shall be supervised by employees of the department during the period of such release. Upon the violation by such person of any condition of such release, the commissioner may revoke such release and return such person to confinement in a correctional facility. For purposes of this subsection, “continuous monitoring for alcohol consumption” means automatically testing breath, blood or transdermal alcohol concentration levels and tamper attempts at least once every hour regardless of the location of the person being monitored.

(P.A. 11-51, S. 26, 27; June Sp. Sess. P.A. 15-2, S. 8; P.A. 16-126, S. 25; June Sp. Sess. P.A. 21-1, S. 159.)

History: P.A. 11-51 effective July 1, 2011; June Sp. Sess. P.A. 15-2 amended Subsec. (b) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-126 amended Subsec. (a) by adding reference to Sec. 14-227m(c)(1); June Sp. Sess. P.A. 21-1 amended Subsec. (b) by adding reference to Sec. 21a-279a, effective July 1, 2021.

Sec. 18-100i. Release of inmate from custody and transfer to community-based nursing home for palliative and end-of-life care. (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 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 is so debilitated or incapacitated by a terminal condition, disease or syndrome as to (1) require continuous palliative or end-of-life care, or (2) be physically incapable of presenting a danger to society.

(b) The Commissioner of Correction may 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.

(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 by the Department of Correction.

(June 12 Sp. Sess. P.A. 12-1, S. 104.)

History: June 12 Sp. Sess. P.A. 12-1 effective July 1, 2012.

Sec. 18-100j. Pilot treatment program for methadone maintenance and other drug therapies. Not later than October 1, 2013, the Department of Correction may initiate, with support from the Departments of Mental Health and Addiction Services and Public Health, a pilot treatment program for methadone maintenance and other drug therapies at facilities including, but not limited to, the New Haven Community Correctional Center. The pilot program shall serve sixty to eighty inmates per month. The Department of Public Health may waive public health code regulations that are not applicable to the service model of the pilot program. Not later than July 1, 2019, the Department of Correction shall report on the results of the program to the joint standing committee of the General Assembly having cognizance of matters relating to human services, the judiciary, public health and appropriations and the budgets of state agencies.

(P.A. 13-234, S. 114; P.A. 18-166, S. 7.)

History: P.A. 13-234 effective July 1, 2013; P.A. 18-166 deleted provision re pilot program to be for 18 months, replaced “October 1, 2014, and April 1, 2015” with “July 1, 2019” and added reference to public health committee, effective June 14, 2018.

Sec. 18-101. Disposition of inmate compensation. (a) Whenever any inmate to whom privileges have been granted under section 18-100 is employed for compensation, the Commissioner of Correction or the commissioner's designee shall collect such compensation or require such inmate to deliver to the commissioner or the commissioner's designee the full amount of such compensation when received. The commissioner or the commissioner's designee shall deposit such funds in an account in a savings bank or state bank and trust company in this state or an account administered by the State Treasurer and shall credit such funds to the inmate's individual account and shall keep a record showing the status of the account of each inmate.

(b) On granting privileges to any inmate under section 18-100, the commissioner or the commissioner's designee shall disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of such inmate's dependents, if any; (7) such inmate's necessary travel expense to and from work and other incidental expenses; and (8) costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section. The commissioner shall pay any balance remaining to such inmate upon the inmate's release from incarceration. Each inmate gainfully self-employed shall pay to the commissioner the costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section, and on default in payment thereof the inmate's participation under section 18-100 shall be revoked.

(c) The commissioner or the commissioner's designee shall notify the Commissioner of Social Services and the welfare department of the town where the dependents of any inmate employed under the provisions of section 18-90b or 18-100 reside of the amounts of any payments being made to such dependents.

(1967, P.A. 773, S. 5; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-560, S. 5, 39; P.A. 88-300, S. 3; P.A. 90-230, S. 85, 101; P.A. 93-262, S. 1, 87; 93-310, S. 27, 32; P.A. 04-234, S. 20; P.A. 07-158, S. 4; P.A. 13-69, S. 4; P.A. 18-155, S. 9.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-560 replaced commissioner of human resources with commissioner of income maintenance; P.A. 88-300 amended Subsection (a) by adding reference to Sec. 18-90b and amended Subsec. (b) re disbursement of compensation by requiring disbursement in accordance with the following priorities: Federal taxes due, restitution or compensation to crime victim, payment of civil judgment, victims compensation, state taxes due, support of dependents, necessary travel expenses and costs of board; P.A. 90-230 added reference to Sec. 18-90b in Subsec. (b); P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A. 93-310 changed commission on victim services to office of victim services, effective July 1, 1993; P.A. 04-234 amended Subsec. (b) to replace “costs of his board as determined by said commissioner” with “costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section” where appearing, effective June 8, 2004; P.A. 07-158 amended Subsec. (b) to add provision re amount transferred to a discharge savings account, and made technical changes, effective July 1, 2007; P.A. 13-69 substituted “inmate” for “person”, amended Subsec. (a) to require commissioner to deposit funds in account in a savings bank or state bank and trust company in this state or in account administered by State Treasurer and credit funds to inmate's individual account, and to delete provision re compensation received by inmate not to be subject to levy or attachment, amended Subsec. (b) to delete reference to privileges granted under Sec. 18-90b, to add new Subdiv. (8) re deposits credited to inmate's discharge savings account under Sec. 18-84a, and to redesignate existing Subdiv. (8) as Subdiv. (9), and made technical and conforming changes, effective July 1, 2013; P.A. 18-155 deleted former Subsec. (b)(8) re deposits credited to inmate's discharge savings account under Sec. 18-84a, redesignated existing Subsec. (b)(9) as Subsec. (b)(8) and made technical and conforming changes.

Sec. 18-101a. Furloughs. The Commissioner of Correction, at the commissioner's discretion, may extend the limits of the place of confinement of an inmate as to whom there is reasonable belief he or she will honor his or her trust, by authorizing the inmate under prescribed conditions to visit a specifically designated place or places, within or without the state, for periods not exceeding forty-five days and return to the same or another institution or facility. Such periods may be renewed at the discretion of the commissioner. Such furlough may be granted only to permit a visit to a dying relative, attendance at the funeral of a relative, the obtaining of medical services not otherwise available, the contacting of prospective employers or for any compelling reason consistent with rehabilitation. Any inmate who fails to return from furlough as provided in the furlough agreement shall be guilty of the crime of escape in the first degree.

(1969, P.A. 272; P.A. 73-639, S. 13; P.A. 74-87; P.A. 04-234, S. 31; Jan. Sp. Sess. P.A. 08-1, S. 16; Sept. Sp. Sess. P.A. 09-7, S. 35.)

History: P.A. 73-639 made failure to return from furlough the crime of escape in the first degree; P.A. 74-87 allowed furloughs “within or without the state” and deleted penalty provision, i.e. the furlough violator is subject to penalty provided in Sec. 53a-169; P.A. 04-234 increased the maximum period of a furlough from 15 days to 30 days, replaced “a prisoner” with “an inmate” and made technical changes for purposes of gender neutrality, effective June 8, 2004; Jan. Sp. Sess. P.A. 08-1 deleted authority to grant a furlough “for any compelling reason consistent with rehabilitation” and, with respect to authority to grant a furlough to contact prospective employers, added proviso that “the commissioner has confirmed that an employment opportunity exists or an employment interview is scheduled”, effective January 25, 2008; Sept. Sp. Sess. P.A. 09-7 increased maximum period of furlough from 30 to 45 days, deleted proviso that, with respect to a furlough to contact prospective employers, “the commissioner has confirmed that an employment opportunity exists or an employment interview is scheduled” and restored authority to grant a furlough “for any compelling reason consistent with rehabilitation”, effective October 5, 2009.

Cited. 184 C. 222.

Furlough extends limit of confinement; equating failure to return from furlough with escape is not violation of constitutional rights to equal protection and due process. 36 CS 71.

Sec. 18-101b. Residential stays at correctional facilities. Continuation in programs beyond discharge date. (a) Any inmate of a correctional facility under the authority of the Department of Correction, involved in a departmental program for drug dependent inmates or in a departmental work or education release program, may request that he be allowed to remain in a correctional facility for up to ninety days beyond his parole release or discharge date.

(b) Any inmate of a correctional facility under the authority of the Department of Correction may request that he be allowed to remain in a correctional facility for up to thirty days beyond his discharge date (1) if such inmate is scheduled to be discharged to a treatment program or health care institution but the program or institution is unable to accept the inmate on the scheduled discharge date, or (2) for any compelling reason deemed consistent with offender rehabilitation or treatment.

(c) Any person under the jurisdiction of the Department of Correction, involved in a program operated by a state department other than the Department of Correction, may request that he be allowed to remain in such program for up to ninety days beyond his parole release or discharge date.

(d) Any inmate requesting permission to remain in a correctional facility, as provided in subsection (a) or (b) of this section, or any person requesting permission to remain in a program, as provided in subsection (c) of this section, shall submit such request, in writing, to the Commissioner of Correction not later than one week prior to the scheduled date for the inmate's parole release or discharge.

(e) Any inmate receiving permission to remain in a correctional facility or any person receiving permission to remain in a program operated by a state department other than the Department of Correction beyond his scheduled date for parole release or discharge may be charged a reasonable daily fee by the appropriate department while housed in a facility of such department.

(1972, P.A. 58; P.A. 73-243; P.A. 07-217, S. 78; P.A. 10-32, S. 71; P.A. 13-165, S. 1.)

History: P.A. 73-243 inserted new Subsec. (b) re continuance in program outside correction department beyond release or discharge date, redesignated former Subsecs. (b) and (c) as (c) and (d) and amended them to include persons permitted to remain in such outside programs; P.A. 07-217 made technical changes in Subsec. (c), effective July 12, 2007; P.A. 10-32 made a technical change in Subsec. (c), effective May 10, 2010; P.A. 13-165 added new Subsec. (b) re request by inmate to remain in correctional facility for up to 30 days beyond discharge date, redesignated existing Subsecs. (b), (c) and (d) as Subsecs. (c), (d) and (e) and made technical and conforming changes, effective July 1, 2013.

Sec. 18-101c. Special alternative incarceration unit. Program activities. Section 18-101c is repealed.

(P.A. 89-390, S. 17, 37; June Sp. Sess. P.A. 91-9, S. 9, 10.)

Sec. 18-101d. Donald T. Bergin Correctional Institution. Section 18-101d is repealed, effective October 1, 2001.

(June Sp. Sess. P.A. 00-1, S. 39, 46; P.A. 01-20, S. 3.)

PART Ia

EMPLOYEES

Sec. 18-101e. Calculation of disability retirement income for correction officers upon designation of extraordinary circumstances. (a) Whenever a correction officer who is a member of a state employee organization and a member of the state employees retirement system, as a result of a special hazard inherent in the duties of a correction officer, becomes (1) permanently disabled or permanently unable to render service as a correction officer, and (2) permanently unable to engage in other suitable, comparable employment, the state employee organization representing such member may, but is not required to, petition the Secretary of the Office of Policy and Management on behalf of such member for a designation of extraordinary circumstances for the purpose of calculating such member's disability retirement income.

(b) If such petition is granted by the Secretary of the Office of Policy and Management, or a designee, or as a result of an arbitration conducted pursuant to subsection (c) of this section, the Department of Correction shall (1) elevate such correction officer to the highest pay grade in the member's bargaining unit, effective not later than the member's last day of active state service, and (2) prepare an application for disability retirement benefits under the state employees retirement system that reflects the salary of such highest pay grade. The Retirement Commission shall use the salary of such highest pay grade in determining such member's disability retirement income in accordance with the provisions of chapter 66.

(c) (1) If such petition is denied by the Secretary of the Office of Policy and Management, or a designee, the state employee organization representing such member may initiate arbitration by filing with the State Board of Mediation and Arbitration the sole issue of whether such member is entitled to a designation of extraordinary circumstances for the purpose of calculating such member's disability retirement income. A copy of the filing shall be served on the Secretary of the Office of Policy and Management. Not later than seven days after such copy has been served, the parties shall jointly select an arbitrator. The person selected shall have substantial, current experience as an impartial arbitrator of labor-management disputes. Persons who serve partisan interests as advocates or consultants for labor or management in labor-management relations or who are associated with or are members of a firm that performs such advocate or consultant work may not be selected. If the parties fail to agree on an arbitrator within the seven-day period, the selection shall be made using the procedures under the voluntary labor arbitration rules of the American Arbitration Association.

(2) In any arbitration proceeding initiated under this section, the sole issue before the arbitrator shall be whether such member is entitled to a designation of extraordinary circumstances for purposes of calculating such member's disability retirement income. The arbitrator's decision shall be final and binding on all parties and shall not be subject to appeal under any provision of the general statutes or under any collectively bargained agreement.

(d) Nothing in this section shall be construed to alter the amount of compensation due any member of a correctional institution pursuant to the provisions of subsection (a) of section 5-142 or chapter 568.

(P.A. 05-284, S. 1.)

Sec. 18-101f. Prohibition against disclosure of certain employee files to inmates under the Freedom of Information Act. A personnel or medical file or similar file concerning a current or former employee of the Division of Public Defender Services, Department of Correction or the Department of Mental Health and Addiction Services, including, but not limited to, a record of a security investigation of such employee by the department or division or an investigation by the department or division of a discrimination complaint by or against such employee, shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, to any individual committed to the custody or supervision of the Commissioner of Correction or confined in a facility of the Whiting Forensic Hospital. For the purposes of this section, an “employee of the Department of Correction” includes a member or employee of the Board of Pardons and Paroles within the Department of Correction.

(P.A. 10-58, S. 1; P.A. 11-220, S. 2; P.A. 18-86, S. 50.)

History: P.A. 10-58 effective May 26, 2010; P.A. 11-220 added references to Division of Public Defender Services; P.A. 18-86 deleted “Division of the Connecticut Valley”, effective June 4, 2018.

Sec. 18-101g. Establishment of wellness initiative for certain employees. The Commissioner of Correction shall, within available appropriations, establish a wellness initiative for the benefit of employees of the Department of Correction who interact with inmates at correctional facilities. The wellness initiative shall include the following components: An employee assistance program, a peer support program, stress management training, critical incident stress response, military peer support, an employee safety and health committee, periodic wellness fairs and other programs that have a demonstrated effectiveness in addressing the needs of employees who interact with inmates. The commissioner, or the commissioner's designee, may apply for federal, state or private nonprofit funding to support and advance the objectives of the wellness initiative.

(P.A. 18-155, S. 1.)

History: P.A. 18-155 effective July 1, 2018.

PART II

COMMUNITY CORRECTION SERVICES

Sec. 18-101h. Definitions. As used in this part:

(a) “Department” means the Department of Correction.

(b) “Commissioner” means the Commissioner of Correction.

(c) “Community-based service programs” means residential or nonresidential programs provided by private, nonprofit community or locally based organizations, state agencies or units of local government including the public-private resource expansion project, which offer housing, transportation, employment and counseling services to incarcerated, paroled or discharged offenders, victims of crime, persons charged with a crime, persons diverted from the criminal process and families of offenders.

(d) “Residential programs” means those offered in “halfway houses,” providing twenty-four hour care, supervision, and supportive services to pretrial, incarcerated, paroled or discharged offenders.

(e) “Nonresidential programs” means those programs providing daytime or episodic community correction services to pretrial, incarcerated, paroled or discharged offenders and their families, or victims of crime and programs involving restitution or community service to pretrial offenders. For the purposes of this subsection, “community service” means the placement of offenders in unpaid positions with nonprofit or tax-supported agencies for the performance of a specified number of hours of work or service within a given period of time, and “restitution” means the restoration by an offender of a victim's losses through either payment of money or provision of services to the victim or, with the concurrence of the victim, to a third party.

(P.A. 80-200, S. 1, 7; P.A. 82-383, S. 4, 7.)

History: P.A. 82-383 amended Subsec. (c) by adding “state agencies” and amended Subsec. (e) by including programs involving restitution or community service in the definition of “nonresidential programs” and defining “community service” and “restitution”.

Sec. 18-101i. Community-based service programs established. (a) To establish and develop noninstitutional, community-based service programs, the commissioner shall award grants or purchase of service contracts in accordance with the plan developed under subsection (b) of this section to private, nonprofit organizations, state agencies or units of local government, provided such grants shall not be subject to the formula funding requirements of section 18-101k. Such grants or contracts shall be the predominant method by which the department develops, implements and operates community correction programs. In addition, the commissioner may administer community-based service programs under the direct control of the department.

(b) To carry out the purposes of subsection (a) of this section, the commissioner shall:

(1) Develop and revise annually a comprehensive state community correction plan for the delivery of services in each of the service areas established by section 18-101j. The department shall adopt regulations in accordance with chapter 54 by January 1, 1981, providing for community input into such plan;

(2) Report annually to the Governor and the General Assembly regarding its community correction activities. At a minimum, such report shall include the number of clients served, services offered and prevailing concerns of the service areas;

(3) Research and gather relevant statistical data concerning the impact of community correction services and make such data available to the service areas and community correction program providers on a monthly and annual basis;

(4) Establish a mechanism to monitor and evaluate on a regular basis all community correction programs and report their findings in writing to each agency in a timely and regular manner; and

(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services or property from the federal government, in accordance with the state community correction plan.

(c) The department shall include in its budget a separate allocation for the provision of community-based service programs as required by this part.

(P.A. 80-200, S. 3, 7; P.A. 82-383, S. 5, 7; P.A. 05-288, S. 74.)

History: P.A. 82-383 amended Subsec. (a) by adding “state agencies”; P.A. 05-288 made technical changes in Subsecs. (a) and (b), effective July 13, 2005.

Sec. 18-101j. Community correction service areas established. There shall be five community correction service areas corresponding to the health systems agency regions established pursuant to the National Health Planning and Resources Development Act, Public Law 93-641. These areas shall be used by the department in the data collection concerning community correction programs and the planning, delivery and evaluation of community correction programs and for the purpose of providing funds under purchase of service contracts for community correction programs of the department.

(P.A. 80-200, S. 4, 7.)

Sec. 18-101k. Funding. (a) In establishing the level of funds in each service area, and funds available for each service contract, the department shall adopt regulations in accordance with chapter 54 by February 1, 1981, providing a formula and procedures for the application, review and award or denial of requests for funds, and providing for the waiver or amendment of such formula as provided in subsection (c) of this section.

(b) Such formula shall provide for: (1) Private sector match; (2) client population ratio; (3) nonclient criteria; (4) residential facility criteria; and (5) nonresidential facility criteria.

(c) Such formula may be amended or waived by the department when, after due consideration, it finds that services for such area are not needed or that such area fails to have existing private, nonprofit organizations or units of local government to carry out the purposes of this part.

(P.A. 80-200, S. 5, 7; P.A. 05-288, S. 75.)

History: P.A. 05-288 made technical changes in Subsec. (a), effective July 13, 2005.