SB 425 — AN ACT CONCERNING SENTENCE MODIFICATION.

Senate GeneralBill Assembly File No.

476425 FebruaryPublic Session,Act 2022 Senate Bill No.

42522-36 Senate,AN AprilACT 14,CONCERNING 2022SENTENCE TheMODIFICATION. Committee on Judiciary reportedthrough SEN.

WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT CONCERNING SENTENCE MODIFICATION.

(b) [At] On and after October 1, 2021, at any time during the period of a sentence in which a defendant has been sentenced prior to, on or afterOctober1,2021,toanexecutedperiodofincarcerationofmorethan seven years as a result of a plea agreement, including an agreement in which there is an agreed upon range of sentence, upon agreement of the defendant and the state's attorney to seek review of the sentence, the SB425sentencing /court Fileor judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendantdischarged onprobationorconditionaldischargeforaperiod Senate Bill No.

476425 1not SB425to Fileexceed No.that to which the defendant could have been originally sentenced.

476 sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendantdischarged onprobationorconditionaldischargeforaperiod not to exceed that to which the defendant could have been originally sentenced.

ThisApproved actMay shall17, take2022 effectPublic asAct followsNo. and shall amend the following sections:

Section22-36 12 fromof passage2 53a-39 JUD Joint Favorable SB425 / File No.

476 2 SB425 File No.

476 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 23 $ FY 24 $ Correction, Dept.

GF - Potential See Below See Below Savings Note:

GF=General Fund Municipal Impact:

None Explanation The bill specifies that PA 21-102 & PA 21-104 (which expanded eligibility for sentence modifications, effective October 1, 2021) must be applied retroactively to defendants sentenced before, on, or after October 1, 2021.

In the event this act is not being consistently applied, the bill results in potential marginal savings to the Department of Correction.

On average, the marginal cost to the state for incarcerating an offender for the year is $2,500 .1 The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of affected inmate sentences that are modified.

Inmate marginal savings is based on decreased consumables (e.g.

food, clothing, water, sewage, living supplies, etc.).

This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility closed.

SB425 / File No.

476 3 SB425 File No.

476 OLR Bill Analysis SB 425 AN ACT CONCERNING SENTENCE MODIFICATION.

SUMMARY PA 21-102, § 25, as amended by PA 21-104, § 63, expanded eligibility for sentence modifications (i.e., sentence reduction, defendant discharge, or placement of the defendant on probation or conditional discharge), effective October 1, 2021.

It did so by, among other things, allowing defendants whose sentence is a result of a trial to, at any time while incarcerated, move for sentence modification, regardless of sentence length.

However, under the act, defendants incarcerated through plea agreements with sentence lengths over seven years must first reach an agreement with the state’s attorney before a sentencing court or judge can hold a modification hearing.

This bill specifies that this requirement applies on and after October 1, 2021, to defendants sentenced before, on, or after October 1, 2021.

EFFECTIVE DATE:

Upon passage COMMITTEE ACTION Judiciary Committee Joint Favorable Yea 34 Nay 5 (03/31/2022) SB425 / File No.

476 4