SB 14 — AN ACT CONCERNING SPECIAL PAROLE FOR HIGH-RISK, VIOLENT AND SEXUAL OFFENDERS.

General Assembly   Governor'sSubstitute Bill No.

14 February Session, 2018   LCO*_____SB00014JUD___040318____* No.AN ACT CONCERNING SPECIAL PAROLE FOR HIGH-RISK, VIOLENT AND SEXUAL OFFENDERS.

246   *00246__________* Referred to Committee on JUDICIARY   Introduced by:

  SEN.

LOONEY, 11th Dist.

SEN.

DUFF, 25th Dist.

REP.

ARESIMOWICZ, 30th Dist.

REP.

RITTER M., 1st Dist.

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

SectionSubsection 54-91a(b) of thesection 201853a-28 supplementof to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a)(b) NoExcept defendantas convictedprovided of a crime, other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b53a-46a, inwhen effect on or after April 25, 2012, the punishment for which may include imprisonment for more than one year, may be sentenced, or the defendant's case otherwise disposed of, until a writtenperson report of investigation by a probation officer has been presented to and considered by the court, if the defendant is so convicted forof thean firstoffense, timethe incourt thisshall stateimpose orone upon any conviction of a felony involving family violence pursuant to section 46b-38a for which the punishmentfollowing maysentences: include imprisonment;

but(1) anyA courtterm may, in its discretion, order a presentence investigation for a defendant convicted of anyimprisonment; crime or offense other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012.

(b)or A(2) defendant who is convicted of a crime and is not eligible for sentence reviewauthorized pursuantby to section 51-19518-65a may,or with18-73; the consent of the sentencing judge and the prosecuting official, waive the presentence investigation, except that the presentence investigation may not be waived when the defendant is convicted of a felony involving family violence pursuant to section 46b-38a and the punishment for which may include imprisonment.

(c) Whenever an investigation is required, the probation officer shall promptly inquire into the circumstances of the offense, the attitude of the complainant or victim,(3) ora offine; the immediate family where possible in cases of homicide, and the criminal record, social history and present condition of the defendant.

Suchor investigation(4) shalla includeterm an inquiry into any damages suffered by the victim, including medical expenses, loss of earningsimprisonment and propertya loss.fine;

Allor local(5) anda stateterm policeof agenciesimprisonment, shallwith furnish to the probationexecution officerof such criminalsentence recordsof asimprisonment suspended, entirely or after a period set by the court, and a period of probation officeror maya request.period of conditional discharge;

Whenor in(6) thea opinionterm of imprisonment, with the courtexecution orof thesuch investigatingsentence authorityof itimprisonment issuspended, desirable,entirely suchor investigationafter shalla includeperiod set by the court, and a physicalfine and mentala examinationperiod of theprobation defendant.or a period of conditional discharge;

Ifor the(7) defendanta isfine committedand toa anysentence institution,authorized theby investigatingsection agency18-65a shallor send18-73; the reports of such investigation to the institution at the time of commitment.

(d)or No(8) courta may sentence a defendant convicted of aunconditional crimedischarge; to a period of special parole until a written report of investigation by a probation officer has been presented to and considered by the court.

Theor probation(9) officera shallterm conduct such investigation in accordance with subsection (c) of thisimprisonment section and additionallya investigateperiod or assess and include in such written report (1) the defendant's history of violationsspecial of probation or parole, (2) the likelihood that the defendant will be granted parole pursuant to section 54-125a, prior to the expiration of the sentence of incarceration, (3) the risk posed to public safety by the release of the defendant from incarceration, as assessedprovided under the system developed in accordance with section 54-108b,54-125e, andas (4)amended whetherby thethis defendantact, couldexcept bethat supervisedthe incourt themay communitynot byimpose thea Officeperiod of Adultspecial Probationparole infor aconvictions mannerof thatoffenses wouldunder adequatelychapter ensure420b. public safety.

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

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

(c)(b) The(1) periodWhen ofsentencing speciala paroleperson, shallthe becourt may not lessimpose thana one year or more than [ten] two years, except that such period [mayof bespecial for]parole shallunless bethe notcourt lessdetermines, thanbased oneon yearthe ornature moreand thancircumstances ten years for a person convicted of athe violationoffense, of subdivision (2) of section 53-21 of the generaldefendant's statutes in effect prior tocriminal Octoberrecord 1,and 2000,the subdivisiondefendant's (2)history of subsectionperformance (a)on ofprobation section 53-21 or sectionparole, 53a-70,that 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b or sentenced as a persistentperiod dangerous felony offender pursuant to subsection (i) of sectionspecial 53a-40parole oris asnecessary a persistent serious felony offender pursuant to subsectionensure (k)public ofsafety. section 53a-40.

(2) If sentencing a person to a period of special parole, the court may recommend that such person comply with any or all of the requirements of subsection (a) of section 53a-30.

The court shall cause a copy of any such recommendation to be delivered to such person and to the Department of Correction.

The Board of Pardons and Paroles may require that such person comply with the requirements of subsection (a) of section 53a-30 which the court recommended.

Any person sentenced to a period of special parole shall also be subject to such rules and conditions as may be established by the Board of Pardons and Paroles or its chairperson pursuant to section 54-126.

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

Section 1 October 1, 2018 54-91a53a-28(b) Sec.

2 October 1, 2018 54-125e(c)54-125e(b) Sec.

3 October 1, 2018 54-129 Statement of Purpose:Legislative Commissioners:

ToIn implementSection 3, technical changes were made to make the Governor'slanguage budgetmore recommendations.precise.

[ProposedJUD deletionsJoint areFavorable enclosedSubst. in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]