Bill Text: CT SB00846 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Decreasing Recidivism And Promoting Responsible Reintegration.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-06-04 - Senate Recommitted to Judiciary [SB00846 Detail]
Download: Connecticut-2013-SB00846-Comm_Sub.html
General Assembly |
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January Session, 2013 |
*_____SB00846JUD___041913____* |
AN ACT DECREASING RECIDIVISM AND PROMOTING RESPONSIBLE REINTEGRATION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-124a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be a Board of Pardons and Paroles within the Department of Correction, for administrative purposes only. On [and after July 1, 2008, and prior to July 1, 2010, the board shall consist of eighteen members, and on] and after July 1, 2010, the board shall consist of twenty members, including a chairperson, five full-time members and fourteen part-time members. The Governor shall appoint all members of the board with the advice and consent of both houses of the General Assembly. [On and after July 1, 2008, twelve of the members shall serve exclusively on parole release panels, five of the members shall serve exclusively on pardons panels and the chairperson may serve on both parole release panels and pardons panels, except that on and after July 1, 2010, seven of the members shall serve exclusively on pardons panels.] In the appointment of the members, the Governor shall specify the member being appointed as chairperson, [the full-time and part-time members being appointed to serve on parole release panels and the members being appointed to serve on pardons panels] the members being appointed to serve full-time and the members being appointed to serve part-time. In the appointment of the members, the Governor shall comply with the provisions of section 4-9b. [The Governor shall appoint a chairperson from among the membership.] The members of the board appointed on or after [February 1, 2008] July 1, 2013, shall be qualified by education, experience or training in the administration of community corrections, parole or pardons, criminal justice, criminology, the evaluation or supervision of offenders or the provision of [mental] public health services [to offenders] or legal services. All members of the board may serve on both parole release panels and pardons panels as assigned by the chairperson. Each appointment of a member of the board submitted by the Governor to the General Assembly shall be referred, without debate, to the [committee on] joint standing committee of the General Assembly having cognizance of matters relating to the judiciary which shall report thereon not later than thirty legislative days after the date of reference.
(b) [The term of each appointed member of the board serving on June 30, 2008, who had been assigned by the chairperson exclusively to parole hearings, shall expire on said date.] The term of each member of the board [serving on June 30, 2008, who had been appointed chairperson, had been assigned by the chairperson exclusively to pardons hearings or has been appointed by the Governor on or after February 1, 2008,] shall be coterminous with the term of the Governor or until a successor is [chosen] appointed and has qualified, whichever is later. Any vacancy in the membership of the board shall be filled for the unexpired portion of the term by the Governor.
(c) The chairperson and five of the members of the board [appointed by the Governor on or after February 1, 2008, to serve on parole release panels] shall devote full time to the performance of their duties under this section and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40. The other members of the board shall receive [one hundred ten] two hundred dollars for each day spent in the performance of their duties on and after July 1, 2013, and shall be reimbursed for necessary expenses incurred in the performance of such duties. The chairperson or, in the chairperson's absence or inability to act, a member designated by the chairperson to serve temporarily as chairperson, shall be present at all meetings of the board and participate in all decisions thereof.
(d) The chairperson shall be the executive and administrative head of said board and shall have the authority and responsibility for (1) overseeing all administrative affairs of the board, (2) assigning members to panels, (3) establishing procedural rules for members to follow when conducting hearings, reviewing recommendations made by employees of the board and making decisions, (4) adopting policies in all areas of pardons and paroles including, but not limited to, granting pardons, commutations of punishments or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death, risk-based structured decision making and release criteria, (5) consulting with the Department of Correction on shared issues including, but not limited to, prison overcrowding, (6) consulting with the Judicial Department on shared issues of community supervision, and (7) signing and issuing subpoenas to compel the attendance and testimony of witnesses at parole proceedings. Any such subpoena shall be enforceable to the same extent as subpoenas issued pursuant to section 52-143.
(e) [Of the members appointed prior to February 1, 2008, the chairperson shall assign seven members exclusively to parole release hearings and shall assign five members exclusively to pardons hearings. Except for the chairperson, no member assigned to parole release hearings may be assigned subsequently to pardons hearings and no member assigned to pardons hearings may be assigned subsequently to parole release hearings. Prior to July 1, 2008, each parole release panel shall be composed of two members from among the members assigned by the chairperson exclusively to parole release hearings or the members appointed by the Governor on or after February 1, 2008, to serve exclusively on parole release panels, and the chairperson or a member designated to serve temporarily as chairperson, for each correctional institution. On and after July 1, 2008, and prior to October 5, 2009, each parole release panel shall be composed of two members appointed by the Governor on or after February 1, 2008, to serve on parole release panels, at least one of whom is a full-time member, and the chairperson or a full-time member designated to serve temporarily as chairperson, for each correctional institution. On and after October 5, 2009, each] Each parole release panel shall be composed of two members [appointed by the Governor to serve on parole release panels] and the chairperson or a full-time member designated to serve temporarily as chairperson. [, for each correctional institution. Such parole release panels shall be the paroling authority for the institutions to which they are assigned and not less than two members shall be present at each parole hearing.] Each pardons panel shall be composed of three members, [from among the members assigned by the chairperson exclusively to pardons hearings or the members appointed by the Governor on or after February 1, 2008, to serve on pardons panels,] one of whom may be the chairperson, except that for hearings on commutations from the penalty of death, one member of the panel shall be the chairperson.
(f) The Board of Pardons and Paroles shall have independent decision-making authority to (1) grant or deny parole in accordance with sections 54-125, 54-125a, as amended by this act, and 54-125e, [and 54-125g,] (2) establish conditions of parole or special parole supervision in accordance with section 54-126, (3) rescind or revoke parole or special parole in accordance with sections 54-127 and 54-128, (4) grant commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death in accordance with section 54-130a, as amended by this act.
(g) The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the Board of Pardons and Paroles during such person's period of parole or special parole.
(h) The chairperson, or the chairperson's designee, and two members of the board [from among the members assigned by the chairperson to serve exclusively on parole release panels or the members appointed by the Governor on or after February 1, 2008, to serve on parole release panels,] shall conduct all parole release hearings, and shall approve or deny all parole revocations and parole rescissions recommended by an employee of the board pursuant to section 54-127a, as amended by this act. No panel of the Board of Pardons and Paroles shall hold a hearing to determine the suitability for parole release of any person unless the chairperson of the board has made reasonable efforts to determine the existence of and obtain all information deemed pertinent to the panel's decision and has certified that all such pertinent information determined to exist has been obtained or is unavailable.
(i) The chairperson of the board shall appoint an executive director. The executive director shall oversee the administration of the agency and, at the discretion of the chairperson, shall: (1) Direct and supervise all administrative affairs of the board, (2) prepare the budget and annual operation plan, (3) assign staff to administrative reviews, (4) organize pardons and parole release hearing calendars, (5) implement a uniform case filing and processing system, and (6) create programs for staff and board member development, training and education.
(j) The chairperson, in consultation with the executive director, shall adopt regulations, in accordance with chapter 54, concerning:
(1) Parole revocation and rescission hearings that include implementing due process requirements;
(2) An administrative pardons process that allows an applicant convicted of a crime to be granted a pardon with respect to such crime without a hearing, unless a victim of such crime requests such a hearing, if such applicant was:
(A) Convicted of a misdemeanor and (i) such conduct no longer constitutes a crime, (ii) such applicant was under twenty-one years of age at the time of conviction and has not been convicted of a crime during the five years preceding the date on which the pardon is granted, or (iii) such conviction occurred prior to the effective date of the establishment of a program under sections 17a-692 to 17a-701, inclusive, section 46b-38c, 53a-39a, 53a-39c, 54-56e, 54-56g, 54-56i or 54-56j for which the applicant would have been eligible had such program existed at the time of conviction, provided the chairperson determines the applicant would likely have been granted entry into such program; or
(B) Convicted of a violation of section 21a-277, 21a-278 or 21a-279 and such applicant has not been convicted of a crime during the five years preceding the date on which the pardon is granted, provided such date is at least ten years after the date of such conviction or such applicant's release from incarceration, whichever is later; and
(3) Requiring board members assigned to pardons hearings to issue written statements containing the reasons for rejecting any application for a pardon.
(k) The Board of Pardons and Paroles shall hold a pardons hearing at least once every three months and shall hold such hearings in various geographical areas of the state. The board shall not hold a pardons hearing within or on the grounds of a correctional facility except when solely for the benefit of applicants who are incarcerated at the time of such hearing.
(l) The chairperson and executive director shall establish:
(1) In consultation with the Department of Correction, a parole orientation program for all parole-eligible inmates upon their transfer to the custody of the Commissioner of Correction that will provide general information on the laws and policies regarding parole release, calculation of time-served standards, general conditions of release, supervision practices, revocation and rescission policies, and procedures for administrative review and panel hearings, and any other information that the board deems relevant for preparing inmates for parole;
(2) An incremental sanctions system for parole violations including, but not limited to, reincarceration based on the type, severity and frequency of the violation and specific periods of incarceration for certain types of violations; and
(3) A formal training program for members of the board and parole officers that shall include, but not be limited to, an overview of the criminal justice system, the parole system including factors to be considered in granting parole, victim rights and services, reentry strategies, risk assessment, case management and mental health issues.
(m) The board shall employ at least one psychologist with expertise in risk assessment and recidivism of criminal offenders who shall be under the supervision of the chairperson and assist the board in its parole release decisions.
(n) In the event of the temporary inability of any member other than the chairperson to perform his or her duties, the Governor, at the request of the board, may appoint a qualified person to serve as a temporary member during such period of inability.
(o) The chairperson of the Board of Pardons and Paroles shall: (1) Adopt an annual budget and plan of operation, (2) adopt such rules as deemed necessary for the internal affairs of the board, and (3) submit an annual report to the Governor and General Assembly.
Sec. 2. Subsections (d) and (e) of section 54-125a of the general statutes, as amended by section 59 of public act 13-3, are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The Board of Pardons and Paroles [shall] may hold a hearing to determine the suitability for parole release of any person whose eligibility for parole release is not subject to the provisions of subsection (b) of this section upon completion by such person of seventy-five per cent of such person's definite or aggregate sentence less any risk reduction credit earned under the provisions of section 18-98e. An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall [reassess] assess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. [After hearing] If a hearing is held, and if the board determines that continued confinement is necessary, [it] the board shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. If a hearing is not held, the board shall document the specific reasons for not holding a hearing and provide such reasons to such person. The decision of the board under this subsection shall not be subject to appeal.
(e) The Board of Pardons and Paroles [shall] may hold a hearing to determine the suitability for parole release of any person whose eligibility for parole release is subject to the provisions of subdivision (2) of subsection (b) of this section upon completion by such person of eighty-five per cent of such person's definite or aggregate sentence. An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall assess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. [After hearing,] If a hearing is held, and if the board determines that continued confinement is necessary, [it] the board shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. If a hearing is not held, the board shall document the specific reasons for not holding a hearing and provide such reasons to such person. The decision of the board under this subsection shall not be subject to appeal.
Sec. 3. Section 54-127a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
All parole revocation and rescission hearings shall be conducted by an employee of the Board of Pardons and Paroles. The parole of a person who has been allowed to go on parole in accordance with subsection (a) of section 54-125a or section 54-125g of the general statutes, revision of 1958, revised to January 1, 2013, or who has been sentenced to a period of special parole in accordance with subdivision (9) of subsection (b) of section 53a-28, shall be revoked or rescinded if, after such hearing, the employee recommends such revocation or rescission and such recommendation is approved by at least two members of a panel of the board.
Sec. 4. Section 54-130a of the general statutes is amended by adding subsection (g) as follows (Effective July 1, 2013):
(NEW) (g) Any application, report or other record submitted to the board for consideration with respect to the granting of a pardon shall be confidential and not disclosed except upon (1) order of a court pursuant to section 54-142a, (2) the request of the individual who is the subject of such record, or (3) specific authorization of the board.
Sec. 5. Sections 54-125d and 54-125g of the general statutes are repealed. (Effective July 1, 2013)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2013 |
54-124a |
Sec. 2 |
July 1, 2013 |
54-125a(d) and (e) |
Sec. 3 |
July 1, 2013 |
54-127a |
Sec. 4 |
July 1, 2013 |
54-130a |
Sec. 5 |
July 1, 2013 |
Repealer section |
JUD |
Joint Favorable Subst. |