CHAPTER 323*

YORK CORRECTIONAL INSTITUTION

*Former chapter cited. 4 Conn. Cir. Ct. 206.

Table of Contents

Sec. 18-65. (Formerly Sec. 17-360). Persons confined in institution.

Sec. 18-65a. Confinement of young and teenage women.

Sec. 18-66. Penalty for escape.

Sec. 18-67. Detention and return of escaped inmate.

Sec. 18-68. Transfers within institution's limits.

Sec. 18-69. Placement of children born to inmates of institution.

Sec. 18-69a. Placement of children born to detained women.

Sec. 18-69b. Rehabilitative programs for incarcerated women.

Sec. 18-69c. Assessment of inmates for pregnancy. Care and treatment of pregnant inmates. Restrictions on the use of leg or waist restraints.

Sec. 18-69d. Establishment of prenatal, labor and postpartum supports. Availability of parenting support literature.

Sec. 18-69e. Provision of feminine hygiene products.


Sec. 18-65. (Formerly Sec. 17-360). Persons confined in institution. Persons over sixteen years of age who have been committed by any court of criminal jurisdiction to the Commissioner of Correction may be confined in the York Correctional Institution.

(1949 Rev., S. 2742; 1959, P.A. 28, S. 201; 1961, P.A. 580, S. 4; 1967, P.A. 152, S. 20; 555, S. 74; 1969, P.A. 301; 1972, P.A. 28, S. 1; 127, S. 33; P.A. 75-633, S. 1; P.A. 15-14, S. 29.)

History: 1959 act deleted requirement for commitment by sheriff or police officer; 1961 act added women sentenced to jails and deleted stipulation that expenses be paid as for commitments to other penal institutions; 1967 acts changed “committed ... to said institution” to “committed ... to the commissioner of correction”; and “drug using” to “illicit traffic or possession of controlled drugs” and omitted requirement that a woman accompany committing officer; Sec. 17-360 transferred to Sec. 18-65 in 1968; 1969 act replaced Connecticut State Farm for Women with Connecticut Correctional Institution, Niantic, replaced duration of “commitment, including the time spent on parole,” with duration of “confinement”, added provision re computation of served sentence and stated that parole violator is subject to Sec. 54-128; 1972 acts removed “unmarried girls between ... sixteen and twenty-one years ... in manifest danger of falling into habits of vice or ... leading vicious lives and who are convicted thereof ...” from confinement provision; P.A. 75-633 replaced “women” with “persons”, made confinement optional rather than mandatory and deleted provisions describing specific offenders to whom provisions are applicable, limiting term of confinement and describing computation of time served; P.A. 15-14 made a technical change.

Cited. 115 C. 596. Prior to 1972 amendment, circuit court could commit wayward girls for indeterminate 3 years, Sec. 54-1a did not limit its jurisdiction under this section; holding that imposition of up to 3 year terms for criminal convictions was unconstitutional as discriminatory affected only that part of section relating to commitments for crime. 159 C. 150.

On habeas corpus petition, sentence of 3 years under statute for violation of Sec. 53-174 imposed by circuit court modified to term permitted under said section as term imposed exceeded statutory punishment for breach of peace and the jurisdiction of circuit court. 28 CS 9. Commitment of plaintiff by circuit court for possible 3 year maximum sentence is invalid only as to that portion which exceeded 1 year limit of court's jurisdiction. Id., 424. Court may not fix the term of a commitment to Niantic Correctional Institution. 31 CS 350.

Cited. 4 Conn. Cir. Ct. 206.

Sec. 18-65a. Confinement of young and teenage women. Any female person between the ages of sixteen and twenty-one years who is convicted in the Superior Court for an offense for which she may be punished by imprisonment for a shorter period than life or any female child transferred to the regular docket of said court under section 46b-127, may, if it appears to the trial court that such person is amenable to reformatory methods, be sentenced to a definite term of imprisonment in the York Correctional Institution or to the Commissioner of Correction for placement in any institution available to said commissioner; provided in no event shall any sentence under this section be for a term longer than the maximum term of imprisonment for the offense committed, nor shall such term be for more than five years. The judge at the time of imposing any sentence to imprisonment in said institution or to the custody of said commissioner for placement in any institution available to him, may order suspension of such sentence after any specified number of months and may place such person on probation for the unexpired portion of the sentence.

(P.A. 75-633, S. 2; P.A. 76-194, S. 1; 76-436, S. 191, 681; P.A. 77-452, S. 10, 72; P.A. 79-631, S. 104, 111; P.A. 80-442, S. 3, 28; P.A. 95-225, S. 41; P.A. 15-14, S. 30.)

History: P.A. 76-194 made provisions applicable to female children transferred to superior court jurisdiction under Sec. 17-60a or 17-60b; P.A. 76-436 replaced “court of criminal jurisdiction” with “superior court” and specified applicability to female children transferred to the regular docket, effective July 1, 1978; P.A. 77-452 clarified applicability to female children by combining wording found in 1976 acts; prior to 1979 act section references were changed to reflect transfer to title 46b; P.A. 79-631 deleted reference to “subsection (a)” of Sec. 46b-127; P.A. 80-442 required “definite”, rather than “indefinite”, sentences in all cases, effective July 1, 1981; P.A. 95-225 deleted reference to the transfer of a female child to the regular docket under “section 46b-126”, reflecting the elimination of the transfer provisions in Sec. 46b-126 by the same public act; P.A. 15-14 made a technical change.

See Sec. 18-73 re confinement of male children and youths.

Cited. 195 C. 303.

Sec. 18-66. Penalty for escape. Section 18-66 is repealed.

(February, 1965, P.A. 556, S. 2; P.A. 73-639, S. 15.)

Sec. 18-67. Detention and return of escaped inmate. Any woman who has escaped from the York Correctional Institution, may, whether the limit of her original sentence has expired or not, be arrested and detained without warrant, by any officer authorized to serve criminal process, for a reasonable time, to enable the warden of said institution, or a person authorized in writing by the warden of said institution and provided with the mittimus by which such woman was committed, or with a certified copy thereof, to take such woman for the purpose of returning her to said institution, but, during such detention, she shall not be committed to a community correctional center, and the officer arresting her shall be paid by the state a reasonable compensation for her arrest and keeping. Any woman lawfully committed to said institution who escapes therefrom or from any keeper or officer having her in charge or from her place of work while engaged in working outside the walls of said institution shall be returned to said institution when arrested and may be disciplined in such manner as the Commissioner of Correction may determine. The provisions of sections 54-126 to 54-129, inclusive, relating to the arrest and return of paroled inmates shall apply to the arrest and return of escaped inmates and the provisions of chapter 963 shall apply to such inmates as have escaped and become fugitives from justice.

(February, 1965, P.A. 556, S. 1; 1967, P.A. 152, S. 21; 1969, P.A. 297; P.A. 87-282, S. 8; P.A. 15-14, S. 31.)

History: 1967 act substituted references to Secs. 54-126 to 54-129 for reference to Sec. 17-362; 1969 act replaced jails with community correctional centers; P.A. 87-282 substituted “warden” for “superintendent”; P.A. 15-14 made a technical change.

Sec. 18-68. Transfers within institution's limits. The warden of the York Correctional Institution, may transfer any person committed to said institution to any facility within its limits in accordance with her judgment.

(1967, P.A. 152, S. 18; P.A. 87-282, S. 9; P.A. 15-14, S. 32.)

History: P.A. 87-282 substituted “warden” for “superintendent”; P.A. 15-14 made a technical change.

Sec. 18-69. Placement of children born to inmates of institution. The warden of the York Correctional Institution, subject to the approval of the commissioner, shall establish regulations in cooperation with the Department of Children and Families for the placing of children born to inmates of the York Correctional Institution, in order that an infant shall not be maintained at said institution beyond the planning period for placement which is not to exceed sixty calendar days. In any instance where the mother of the infant objects in writing to the warden of said institution as to such placement, the Department of Children and Families shall provide for an administrative review of the placement action.

(1967, P.A. 152, S. 19; 1971, P.A. 398, S. 1; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 82-43, S. 6; P.A. 87-282, S. 10; P.A. 93-91, S. 1, 2; P.A. 15-14, S. 33.)

History: 1971 act replaced Connecticut State Farm for Women with Connecticut Correctional Institution, Niantic, limited planning period for placement to 60 days and added provision re administrative review of placement action; P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 replaced social services department with department of human resources, effective January 1, 1979; P.A. 82-43 transferred duties formerly held by human resources department to department of children and youth services; P.A. 87-282 substituted “warden” for “superintendent”; 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. 15-14 made technical changes.

Sec. 18-69a. Placement of children born to detained women. The warden of the York Correctional Institution, subject to the same conditions as provided in section 18-69, shall establish regulations in cooperation with the Department of Children and Families for the placing of children born to women who are being detained at the York Correctional Institution, awaiting disposition of pending charges, or have been committed to the Commissioner of Correction for a term of one year or less, in order that an infant may be placed directly from the facility where such infant was delivered.

(1971, P.A. 398, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 82-43, S. 7; P.A. 87-282, S. 11; P.A. 93-91, S. 1, 2; P.A. 15-14, S. 34.)

History: P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 replaced social services department with department of human resources, effective January 1, 1979; P.A. 82-43 replaced “child welfare services” of human resources department with department of children and youth services; P.A. 87-282 substituted “warden” for “superintendent”; 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. 15-14 made technical changes.

Sec. 18-69b. Rehabilitative programs for incarcerated women. The Department of Correction shall establish rehabilitative programs, including, but not limited to, substance abuse, academic and vocational education services and work-release and job training, for women incarcerated at the York Correctional Institution.

(P.A. 87-407, S. 1, 2; P.A. 15-14, S. 35.)

History: P.A. 15-14 made a technical change.

Sec. 18-69c. Assessment of inmates for pregnancy. Care and treatment of pregnant inmates. Restrictions on the use of leg or waist restraints. (a) The Commissioner of Correction shall ensure that at least one departmental or contracted, licensed health care provider who is employed at the York Correctional Institution (1) has been trained in prenatal and postpartum medical care, and (2) has knowledge of and the ability to educate any inmate who is pregnant concerning prenatal nutrition, high-risk pregnancy and addiction and substance abuse during pregnancy and childbirth.

(b) Upon admission to the York Correctional Institution, each inmate shall be assessed for pregnancy by a licensed health care provider. The licensed health care provider shall inform the inmate of any necessary medical tests associated with the pregnancy assessment prior to the administration of such tests.

(c) The York Correctional Institution shall provide each inmate who is pregnant with: (1) Counseling and written material, in a form that may be reasonably understood, concerning (A) the inmate's options with regard to her pregnancy, (B) prenatal nutrition, (C) maintaining a healthy pregnancy, (D) labor and delivery, (E) the postpartum period, (F) the institution's policies and practices regarding the care of an inmate during pregnancy, labor and delivery and the postpartum period, and (G) restrictions on the use of restraints on pregnant inmates, (2) medical care at the correctional institution, which shall include, but not be limited to: (A) Periodic health monitoring and evaluation during pregnancy, and (B) prenatal vitamins or supplements, as deemed necessary by a licensed health care provider, (3) a diet containing the nutrients necessary to maintain a healthy pregnancy, as determined by a licensed health care provider trained in prenatal care, (4) the clothing, undergarments and sanitary materials deemed appropriate by a licensed health care provider who has been trained in prenatal and postpartum medical care, (5) the opportunity for a minimum of one hour of ambulatory movement every day, and (6) access to treatment for postpartum depression by a qualified mental health professional, provided such treatment is deemed necessary by a licensed health care provider who has been trained in postpartum medical care. If a departmental or contracted licensed health care provider in prenatal medical care, or any other health care professional who evaluates or treats an inmate who is pregnant, determines that the inmate's pregnancy is high risk or involves any other medical complication for either the inmate or the baby, such inmate shall be immediately transferred to the medical infirmary setting or any hospital deemed appropriate, as determined by such health care provider or professional. The written material provided to an inmate pursuant to subdivision (1) of this subsection shall be known as the “Pregnant Woman's Guide”.

(d) Except as provided in this subsection, correctional staff of the York Correctional Institution shall not use any leg or waist restraint on any inmate of the institution who is known to be pregnant or in the postpartum period. An inmate known to be pregnant may only be restrained using handcuffs that are placed on the wrists held in front of the inmate's body, except an inmate may be placed in wrist, leg or waist restraints if (1) there are compelling grounds to believe that an inmate presents (A) an immediate and serious threat of harm to herself, staff and others, or (B) a substantial flight risk and cannot be reasonably contained by other means, and (2) use of such restraints is approved by the unit administrator of the institution, or his or her designee, except under exigent circumstances. Such restraints shall be the least restrictive kind of restraints considering the circumstances. Correctional staff shall document, in writing, the reasons for such determination, the kind of restraints used and the reasons staff considered such restraints to be the least restrictive kind available and the most reasonable means of preventing harm or escape. The correctional staff of the York Correctional Institution shall ensure that any inmate, who is determined to be in the second or third trimester of a pregnancy by a licensed health care provider, is transported to and from visits to health care providers and court proceedings in a vehicle with seatbelts. If an attending physician or advanced practice registered nurse requests that the inmate's restraints be removed for medical reasons, correctional staff shall immediately remove the restraints. Nothing in this subsection shall prohibit the use of medical restraints by a licensed health care provider to ensure the medical safety of the inmate. As used in this subsection and subsection (e) of this section, “restraints” means metal handcuffs, metal leg restraints and waist and tether chains.

(e) Each pregnant inmate of the York Correctional Institution shall receive labor and delivery services in a hospital deemed appropriate by a departmental or contracted, licensed health care provider. Notwithstanding the provisions of subsection (d) of this section, an inmate who is in any stage of labor or delivery, as determined by a licensed health care provider, shall not be placed in restraints at any time, including, but not limited to, during transportation to the hospital. If a correction officer is present with the inmate during any stage of labor or delivery, such correction officer shall be female, if possible. Such correction officer shall be positioned in a location that ensures the inmate's privacy, to the extent possible.

(f) Any inmate in the postpartum period shall be assessed by a licensed health care provider upon return to the correctional institution. Each inmate in the postpartum period shall be housed in a medical or mental health housing unit at the correctional institution until discharged by a licensed health care provider.

(g) The York Correctional Institution shall provide a pregnant inmate, prior to the inmate's release, with counseling and discharge planning to ensure, to the extent feasible, the continuity of prenatal and pregnancy-related care, including substance abuse programs and treatment referrals when deemed appropriate.

(P.A. 18-4, S. 1.)

Sec. 18-69d. Establishment of prenatal, labor and postpartum supports. Availability of parenting support literature. (a) The Department of Correction shall establish prenatal, labor, and postpartum services and supports for women incarcerated at the York Correctional Institution. Such services and supports shall include, but need not be limited to, a lactation policy that provides inmate mothers the opportunity to pump and store breast milk for their babies.

(b) The Department of Correction shall establish and make available to women incarcerated at the York Correctional Institution parenting support literature, including information on child custody processes, child support and family reunification resources.

(P.A. 18-4, S. 2.)

Sec. 18-69e. Provision of feminine hygiene products. Correctional staff at York Correctional Institution shall, upon request, provide an inmate at the institution with feminine hygiene products as soon as practicable. Correctional staff shall provide such feminine hygiene products for free and in a quantity that is appropriate to the health care needs of the inmate. For purposes of this section, “feminine hygiene products” means tampons and sanitary napkins.

(P.A. 18-4, S. 3.)