Bill Text: CT SB00457 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Department Of Correction.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-04-22 - Favorable Report, Tabled for the Calendar, Senate [SB00457 Detail]
Download: Connecticut-2010-SB00457-Comm_Sub.html
General Assembly |
Raised Bill No. 457 | ||
February Session, 2010 |
LCO No. 2081 | ||
*_____SB00457GAE___042210____* | |||
Referred to Committee on Judiciary |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING THE DEPARTMENT OF CORRECTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53a-59b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) A person is guilty of assault of an employee of the Department of Correction in the first degree when [he] such person is in the custody of the Commissioner of Correction or confined in any institution or facility of the Department of Correction and [commits] assaults an employee of the Department of Correction acting in the performance of his or her duties by (1) committing assault in the first degree under section 53a-59, [and the victim of such assault is an employee of the Department of Correction acting in the performance of his duties] or (2) assaulting such employee with any type of offensive or noxious liquid, agent or substance or any bodily fluid, including, but not limited to, urine, feces, blood or saliva, that such person throws or hurls, or causes to be thrown or hurled, at such employee.
(b) No person shall be found guilty of assault in the first degree and assault of an employee of the Department of Correction in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.
(c) Assault of an employee of the Department of Correction in the first degree is a class B felony. If any person is sentenced to a term of imprisonment for a violation of this section which occurred while such person was confined in an institution or facility of the Department of Correction, such term of imprisonment shall run consecutively to the term for which the person was serving at the time of the assault.
Sec. 2. Subdivision (19) of subsection (b) of section 1-210 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(19) Records when there are reasonable grounds to believe disclosure may result in a safety risk, including the risk of harm to any person, any government-owned or leased institution or facility or any fixture or appurtenance and equipment attached to, or contained in, such institution or facility, except that such records shall be disclosed to a law enforcement agency upon the request of the law enforcement agency. Such reasonable grounds shall be determined (A) (i) by the Commissioner of Public Works, after consultation with the chief executive officer of an executive branch state agency, with respect to records concerning such agency; and (ii) by the Commissioner of Emergency Management and Homeland Security, after consultation with the chief executive officer of a municipal, district or regional agency, with respect to records concerning such agency; (B) by the Chief Court Administrator with respect to records concerning the Judicial Department; and (C) by the executive director of the Joint Committee on Legislative Management, with respect to records concerning the Legislative Department. As used in this section, "government-owned or leased institution or facility" includes, but is not limited to, an institution or facility owned or leased by a public service company, as defined in section 16-1, a certified telecommunications provider, as defined in section 16-1, a water company, as defined in section 25-32a, or a municipal utility that furnishes electric, gas or water service, but does not include an institution or facility owned or leased by the federal government, and "chief executive officer" includes, but is not limited to, an agency head, department head, executive director or chief executive officer. Such records include, but are not limited to:
(i) Security manuals or reports;
(ii) Engineering and architectural drawings of government-owned or leased institutions or facilities;
(iii) Operational specifications of security systems utilized at any government-owned or leased institution or facility, except that a general description of any such security system and the cost and quality of such system, may be disclosed;
(iv) Training manuals prepared for government-owned or leased institutions or facilities that describe, in any manner, security procedures, emergency plans or security equipment;
(v) Internal security audits of government-owned or leased institutions or facilities;
(vi) Minutes or records of meetings, or portions of such minutes or records, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision;
(vii) Logs or other documents that contain information on the movement or assignment of security personnel;
(viii) Emergency plans and emergency preparedness, response, recovery and mitigation plans, including plans provided by a person to a state agency or a local emergency management agency or official; [and]
(ix) With respect to a water company, as defined in section 25-32a, that provides water service: Vulnerability assessments and risk management plans, operational plans, portions of water supply plans submitted pursuant to section 25-32d that contain or reveal information the disclosure of which may result in a security risk to a water company, inspection reports, technical specifications and other materials that depict or specifically describe critical water company operating facilities, collection and distribution systems or sources of supply; and
(x) With respect to correctional institutions or facilities under the supervision of the Department of Correction or facilities of the Whiting Forensic Division of the Connecticut Valley Hospital, any records related to the physical plant, infrastructure and site conditions of such institutions or facilities, including, but not limited to, drawings, specifications, plans and aerial depictions.
Sec. 3. (NEW) (Effective July 1, 2010) (a) A person is guilty of possession of an electronic wireless communication device in a correctional institution when, being an inmate of a correctional institution, such person knowingly conveys from place to place or has in such person's possession or under such person's control an electronic wireless communication device.
(b) Possession of an electronic wireless communication device is a class D felony.
Sec. 4. Section 18-85 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(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 [administrative head of such institution or facility, in an inmate's individual account] Commissioner of Correction, in a savings bank or state bank and trust company in this state [, and funds from such account may be transferred to the inmate's discharge savings account pursuant to section 18-84a. Any amount in such accounts] or an account administered by the State Treasurer. Any compensation so earned shall be paid to the inmate on the inmate's [discharge] release from incarceration, except that the [warden or Community Correctional Center Administrator] 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) payments to the inmate's discharge savings account under section 18-84a, as amended by this act; (9) costs of such inmate's incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section; and [(9)] (10) payment to the clerk of the court in which an inmate, [of a community correctional center, held] 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.
Sec. 5. Section 18-84a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) The Commissioner of Correction shall require each inmate sentenced to a term of incarceration by a court of this state to accumulate savings to be paid to the inmate on the inmate's [discharge] release from incarceration by establishing a discharge savings account on behalf of the inmate. Any inmate sentenced to a term of incarceration by a court of this state but confined in a facility outside this state shall be exempt from such requirement while confined in such facility.
(b) For the purpose of establishing such discharge savings account, the commissioner may impose a deduction of up to ten per cent on all deposits [made] credited to the inmate's individual account, provided the commissioner (1) [transfers] credits such deduction to the inmate's discharge savings account, and (2) ceases imposition [and transfer] of such deduction whenever the amount in the inmate's discharge savings account [is equal to] equals one thousand dollars.
(c) [If] Whenever the amount in the inmate's discharge savings account [is equal to] equals one thousand dollars, the commissioner shall impose a deduction of ten per cent on all deposits made to the inmate's individual account to the extent necessary to reimburse the state for the costs of the inmate's incarceration pursuant to section 18-85a, as amended by this act, and the regulations adopted pursuant to said section. [18-85a.]
(d) Disbursement to the inmate from the inmate's discharge savings account upon the inmate's release from incarceration shall not be reduced by any disbursement required by sections 18-85, as amended by this act, 18-85b, 18-85c and 18-101, as amended by this act.
(e) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement this section.
Sec. 6. Section 18-85a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(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; (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 program established pursuant to section 18-90b, as amended by this act, except that the commissioner may assess a fee for participation in any such program; or (5) [deposited in] credited to a discharge savings account pursuant to section 18-84a, as amended by this act, not in excess of one thousand dollars. 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.
Sec. 7. Section 18-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) When any [person] inmate to whom privileges have been granted under section [18-90b or] 18-100 is employed for compensation, the Commissioner of Correction or the commissioner's designee shall collect such compensation or require such [person] inmate to deliver to the commissioner the full amount of such compensation when received. The commissioner or [such] the commissioner's designee shall [deposit] credit such funds in trust in [an] the inmate's individual account and shall keep a record showing the status of the account of each [person. Compensation received by such person during such person's term of imprisonment shall not be subject to levy or attachment] inmate.
(b) On granting privileges to any [person] inmate under section [18-90b or] 18-100, the commissioner or the commissioner's designee shall disburse any compensation earned by such [person] 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 [person's] inmate's dependents, if any; (7) such [person's] inmate's necessary travel expense to and from work and other incidental expenses; [and] (8) payments to the inmate's discharge savings account under section 18-84a, as amended by this act; and (9) costs of such [person's] inmate's incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section. The commissioner shall pay any balance remaining to such [person] inmate upon the [person's discharge] inmate's release from incarceration including any amount [transferred] credited to a discharge savings account pursuant to section 18-84a, as amended by this act. Each [person] inmate gainfully self-employed shall pay to the commissioner the costs of such [person's] inmate's incarceration under section 18-85a, as amended by this act, and regulations adopted in accordance with said section, and on default in payment thereof the [person's] 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 [person] inmate employed under the provisions of section 18-90b, as amended by this act, or 18-100 reside of the amounts of any payments being made to such dependents.
Sec. 8. Section 18-90b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) The Commissioner of Correction is authorized to 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 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 program shall be paid less than the prevailing wage for work of similar nature in private industry.
(e) Inmate participation in the program shall not result in the displacement of employed workers and shall not impair existing contracts for services.
(f) Nothing contained 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 18-84a, as amended by this act, or section 18-85a, as amended by this act.
(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.
Sec. 9. Subsection (l) of section 10-233d of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(l) If a student who committed an expellable offense seeks to return to a school district after having been in a juvenile detention center, the Connecticut Juvenile Training School, an institution or facility of the Department of Correction or any other residential placement for one year or more, the district to which the student is returning shall allow such student to return and may not expel the student for additional time for such offense.
Sec. 10. Section 54-76l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The records or other information of a youth, other than a youth arrested for or charged with the commission of a crime which is a class A felony or a violation of section 14-222a, subsection (a) of section 14-224, section 14-227a or 14-227g, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, including fingerprints, photographs and physical descriptions, shall be confidential and shall not be open to public inspection or be disclosed except as provided in this section, but such fingerprints, photographs and physical descriptions submitted to the State Police Bureau of Identification of the Division of State Police within the Department of Public Safety at the time of the arrest of a person subsequently adjudged, or subsequently presumed or determined to be eligible to be adjudged, a youthful offender shall be retained as confidential matter in the files of the bureau and be opened to inspection only as provided in this section. Other data ordinarily received by the bureau, with regard to persons arrested for a crime, shall be forwarded to the bureau to be filed, in addition to such fingerprints, photographs and physical descriptions, and be retained in the division as confidential information, open to inspection only as provided in this section.
(b) The records of any such youth, or any part thereof, may be disclosed to and between individuals and agencies, and employees of such agencies, providing services directly to the youth, including law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials, the Division of Criminal Justice, the Court Support Services Division and an advocate appointed pursuant to section 54-221 for a victim of a crime committed by the youth. Such records shall also be available to the attorney representing the youth, in any proceedings in which such records are relevant, to the parents or guardian of such youth, until such time as the youth reaches the age of majority or is emancipated, and to the youth upon his or her emancipation or attainment of the age of majority, provided proof of the identity of such youth is submitted in accordance with guidelines prescribed by the Chief Court Administrator. Such records shall also be available to members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been adjudged a youthful offender and sentenced to a term of imprisonment or been convicted of a crime in the regular criminal docket of the Superior Court, and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release. Such records disclosed pursuant to this subsection shall not be further disclosed.
(c) The records of any such youth, or any part thereof, may be disclosed upon order of the court to any person who has a legitimate interest in the information and is identified in such order. Records or information disclosed pursuant to this subsection shall not be further disclosed.
(d) The records of any such youth, or any part thereof, shall be available to the victim of the crime committed by such youth to the same extent as the record of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior Court is available to a victim of the crime committed by such defendant. The court shall designate an official from whom such victim may request such information. Information disclosed pursuant to this subsection shall not be further disclosed.
(e) Any reports and files held by the Court Support Services Division regarding any such youth who served a period of probation may be accessed and disclosed by employees of the division for the purpose of performing the duties contained in section 54-63b.
(f) Information concerning any such youth who has escaped from an institution to which such youth has been committed or for whom an arrest warrant has been issued may be disclosed by law enforcement officials.
(g) Information concerning any such youth in the custody of the Department of Correction may be disclosed by the department to the parents or guardian of such youth.
[(g)] (h) The information contained in and concerning the issuance of any protective order issued in a case in which a person is presumed or determined to be eligible to be adjudged a youthful offender shall be entered in the registry of protective orders pursuant to section 51-5c and may be further disclosed as specified in said section.
[(h)] (i) The records of any youth adjudged a youthful offender for a violation of section 14-215 or 14-222, subsection (b) of section 14-223 or subsection (b) or (c) of section 14-224 shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether suspension of such person's motor vehicle operator's license is warranted. The commissioner shall suspend the motor vehicle operator's license of such youth for six months for a first offense and one year for a second or subsequent offense. Such records disclosed pursuant to this subsection shall not be further disclosed.
[(i)] (j) The provisions of this section, as amended by public act 05-232, apply to offenses committed after January 1, 2006, and do not affect any cases pending on said date or any investigations involving offenses committed prior to said date.
Sec. 11. Section 18-101b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(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 ninety 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.
[(b)] (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.
[(c)] (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 [(b)] (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.
[(d)] (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 [said inmate is] housed in a facility of said department.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2010 |
53a-59b |
Sec. 2 |
July 1, 2010 |
1-210(b)(19) |
Sec. 3 |
July 1, 2010 |
New section |
Sec. 4 |
July 1, 2010 |
18-85 |
Sec. 5 |
July 1, 2010 |
18-84a |
Sec. 6 |
July 1, 2010 |
18-85a |
Sec. 7 |
July 1, 2010 |
18-101 |
Sec. 8 |
July 1, 2010 |
18-90b |
Sec. 9 |
July 1, 2010 |
10-233d(l) |
Sec. 10 |
from passage |
54-76l |
Sec. 11 |
July 1, 2010 |
18-101b |
JUD |
Joint Favorable |
|
GAE |
Joint Favorable |