Connecticut 2022 Regular Session Status: Enacted 7 D cosponsors

SB 459 — AN ACT CONCERNING THE CORRECTION ADVISORY COMMITTEE, THE USE OF ISOLATED CONFINEMENT AND TRANSPARENCY FOR CONDITIONS OF INCARCERATION.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 18, 2022. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 15 sponsors

    15 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

662 added · 695 removed

662 line(s) added, 695 removed.

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General Assembly Substitute Bill No.
Substitute Senate Bill No.
459 February Session, 2022 AN ACT CONCERNING THE CORRECTION ADVISORY COMMITTEE, THE USE OF ISOLATED CONFINEMENT AND TRANSPARENCY FOR CONDITIONS OF INCARCERATION.
459 Public Act No.
22-18 AN ACT CONCERNING THE CORRECTION ADVISORY COMMITTEE, THE USE OF ISOLATED CONFINEMENT AND TRANSPARENCY FOR CONDITIONS OF INCARCERATION.
(b) The Commissioner of Correction shall hire a person to provide ombudsman services and shall annually report the name of such person to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction in accordance with the provisions of section 11-4a.
(b) The Commissioner of Correction shall hire a person to provide ombudsman services and shall annually report the name of such person to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction in Substitute Senate Bill No.
In addition to the LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00459-R1 of 22 SB.docx Substitute Bill No.
459 accordance with the provisions of section 11-4a.
459 executive assistant positions authorized under subdivision (10) of section 5-198, the commissioner may hire an executive assistant to carry out the duties of this section.
In addition to the executive assistant positions authorized under subdivision (10) of section 5-198, the commissioner may hire an executive assistant to carry out the duties of this section.
(e) Notwithstanding the provisions of subsection (d) of this section, whenever in the course of providing ombudsman services, the ombudsman or a member of the ombudsman's staff becomes aware of the commission or planned commission of a criminal act or a threat to the health and safety of any person or the security of a correctional facility, the ombudsman shall notify the Commissioner of Correction or a facility administrator of such act or threat and the nature and target of the act or threat.
(e) Notwithstanding the provisions of subsection (d) of this section, whenever in the course of providing ombudsman services, the ombudsman or a member of the ombudsman's staff becomes aware of the commission or planned commission of a criminal act or a threat to the health and safety of any person or the security of a correctional facility, the ombudsman shall notify the Commissioner of Correction or a facility administrator of such act or threat and the nature and target of Public Act No.
(f) If the Commissioner of Correction has a reasonable belief that a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0042 of 22 R02-SB.docx } Substitute Bill No.
22-18 2 of 23 Substitute Senate Bill No.
459 person eighteen years of age or younger in the custody of the commissioner has made or provided to the ombudsman an oral or written communication concerning a safety or security threat within the Department of Correction or directed against an employee of the department, the ombudsman shall provide to the commissioner all oral or written communications relevant to such threat.] (a) There is established the Correction Advisory Committee that shall consist of nine members.
459 the act or threat.
(f) If the Commissioner of Correction has a reasonable belief that a person eighteen years of age or younger in the custody of the commissioner has made or provided to the ombudsman an oral or written communication concerning a safety or security threat within the Department of Correction or directed against an employee of the department, the ombudsman shall provide to the commissioner all oral or written communications relevant to such threat.] (a) There is established the Correction Advisory Committee that shall consist of nine members.
(6) One who has expertise in the provision of medical care to incarcerated personsor formerly incarceratedpersons,appointedby the minority leader of the House of Representatives;
(6) One who has expertise in the provision of medical care to Public Act No.
and (7) Three who are appointed by the Governor, one of whom has expertise in corrections and two of whom are directly impacted.
22-18 3 of 23 Substitute Senate Bill No.
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459 incarcerated personsor formerly incarceratedpersons,appointedby the minority leader of the House of Representatives;
459 (b) For purposes of subsection (a) of this section, "directly impacted" means (1) a person who was previously incarcerated within a facility operated by the department and is no longer under probation or any supervision by the department, or (2) a family member of a person described in subdivision (1) of this subsection or of a person who is in the custody of the Commissioner of Correction.
and (7) Three who are appointed by the Governor, one of whom has expertise in corrections, one of whom has expertise in medication in a correctional setting and one of whom is directly impacted.
(b) For purposes of subsection (a) of this section, "directly impacted" means (1) a person who was previously incarcerated within a facility operated by the department and is no longer under probation or any supervision by the department, or (2) a family member of a person described in subdivision (1) of this subsection or of a person who is in the custody of the Commissioner of Correction.
Any appointing authority who withdraws an appointment shall, not later than ten days after such withdrawal, submit a new letter to such joint standing committee of the General Assembly designating a different appointment or appointments, which shall initiate the hearing and approval or withdrawal process pursuant to subdivision (1) of this subsection and this subdivision for such appointment or appointments.
Any appointing authority who withdraws an appointment shall, not later than ten days after such withdrawal, submit a new letter to such joint Public Act No.
22-18 4 of 23 Substitute Senate Bill No.
459 standing committee of the General Assembly designating a different appointment or appointments, which shall initiate the hearing and approval or withdrawal process pursuant to subdivision (1) of this subsection and this subdivision for such appointment or appointments.
Such chairpersons shall schedule the first meeting of said committee, which shall be held not later than sixty days LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0044 of 22 R02-SB.docx } Substitute Bill No.
Such chairpersons shall schedule the first meeting of said committee, which shall be held not later than sixty days after the effective date of this section.
459 after the effective date of this section.
(i) The state of Connecticut shall protect and hold harmless any committee member from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit for damages resulting from acts or omissions committed in the discharge of the member's official duties pursuant to this section which may constitute negligence but which acts are not wanton, malicious or grossly negligent as determined by a court of competent jurisdiction.
(i) Any committee member shall be indemnified and represented by Public Act No.
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459 the Attorney General pursuant to section 5-141d.
(1) Submit a list of candidates for Correction Ombuds for the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0045 of 22 R02-SB.docx } Substitute Bill No.
(1) Submit a list of candidates for Correction Ombuds for the Governor's consideration, pursuant to subsection (k) of this section;
459 Governor's consideration, pursuant to subsection (k) of this section;
(2) Review the actions of the Correction Ombuds pursuant to section of this act;
(2) Review the actions of the Correction Ombuds pursuant to section 2 of this act;
If at any time any of the candidates withdraw from consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor.
If at any time any of the Public Act No.
22-18 6 of 23 Substitute Senate Bill No.
459 candidates withdraw from consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor.
If the General Assembly is not in session, the designated candidate shall serve as LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0046 of 22 R02-SB.docx } Substitute Bill No.
If the General Assembly is not in session, the designated candidate shall serve as acting Correction Ombuds and be entitled to the compensation, privileges and powers of the Correction Ombuds until the General Assembly meets to take action on said appointment.
459 acting Correction Ombuds and be entitled to the compensation, privileges and powers of the Correction Ombuds until the General Assembly meets to take action on said appointment.
(A) Evaluating the delivery of services to incarcerated persons by the Department of Correction;
Public Act No.
(B) Reviewing periodically the procedures established by the department to carry out the provisions of title 18 of the general statutes and evaluating whether such procedures conflict with the rights of incarcerated persons;
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(C) Receiving communications from persons in the custody of the Commissioner of Correction regarding decisions, actions, omissions, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0047 of 22 R02-SB.docx } Substitute Bill No.
459 (A) Evaluating the delivery of services to incarcerated persons by the Department of Correction;
459 policies, procedures, rules or regulations of the department;
(B) Reviewing periodically the nonemergency procedures established by the department to carry out the provisions of title 18 of the general statutes and evaluating whether such procedures conflict with the rights of incarcerated persons;
(C) Receiving communications from persons in the custody of the Commissioner of Correction regarding decisions, actions, omissions, policies, procedures, rules or regulations of the department;
(E) Reviewing the operation of correctional facilitieand nonemergency procedures employed at such facilities.
(E) Reviewing the operation of correctional facilitiesand nonemergency procedures employed at such facilities.
(b) Notwithstanding any provision of the general statutes, the Correction Ombuds shall act independently of any department in the performance of the office's duties.
(b) Notwithstanding any provision of the general statutes, the Public Act No.
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459 Correction Ombuds shall act independently of any department in the performance of the office's duties.
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Any LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00458 of 22 R02-SB.docx } Substitute Bill No.
Any legal or court fees obtained by the state in actions brought by the Correction Ombuds shall be deposited in the General Fund.
459 legal or court fees obtained by the state in actions brought by the Correction Ombuds shall be deposited in the General Fund.
(f) All oral and written communications, and records relating to such communications between a person in the custody of the Commissioner of Correction and the Correction Ombuds or a member of the Office of the Correction Ombuds staff, including, but not limited to, the identity of a complainant, the details of the communications and the Correction Ombuds' findings shall be confidential and shall not be disclosed without the consent of such person, except that the Correction Ombuds may disclose without the consent of such person general findings or policy recommendations based on such communications, provided no individually identifiable information is disclosed.
(f) All oral and written communications, and records relating to such communications between a person in the custody of the Commissioner of Correction and the Correction Ombuds or a member of the Office of the Correction Ombuds staff, including, but not limited to, the identity of a complainant, the details of the communications and the Correction Ombuds' findings shall be confidential and shall not be disclosed without the consent of such person, except that the Correction Ombuds may disclose without the consent of such person general findings or Public Act No.
22-18 9 of 23 Substitute Senate Bill No.
459 policy recommendations based on such communications, provided no individually identifiable information is disclosed.
(g) Notwithstanding the provisions of subsection (f) of this section, whenever in the course of carrying out the Correction Ombuds' duties, the Correction Ombuds or a member of the Office of the Correction Ombudsstaffbecomesawareofthecommissionorplannedcommission of a criminal act or threat that the Correction Ombuds reasonably believes is likely to result in death or substantial bodily harm, the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0049 of 22 R02-SB.docx } Substitute Bill No.
(g) Notwithstanding the provisions of subsection (f) of this section, whenever in the course of carrying out the Correction Ombuds' duties, the Correction Ombuds or a member of the Office of the Correction Ombudsstaffbecomesawareofthecommissionorplannedcommission of a criminal act or threat that the Correction Ombuds reasonably believes is likely to result in death or substantial bodily harm, the Correction Ombuds shall notify the Commissioner of Correction or an administrator of any correctional facility housing the perpetrator or potential perpetrator of such act or threat and the nature and target of the act or threat.
459 Correction Ombuds shall notify the Commissioner of Correction or an administrator of any correctional facility housing the perpetrator or potential perpetrator of such act or threat and the nature and target of the act or threat.
(i) In the performance of the responsibilities provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner.
(i) In the performance of the responsibilities provided for in this Public Act No.
22-18 10 of 23 Substitute Senate Bill No.
459 section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner.
(k) The name, address and other personally identifiable information of a person who makes a complaint to the Correction Ombuds, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0010 of 22 R02-SB.docx } Substitute Bill No.
(k) The name, address and other personally identifiable information of a person who makes a complaint to the Correction Ombuds, information obtained or generated by the Office of the Correction Ombuds in the course of an investigation and all confidential records obtained by the Correction Ombuds or the office shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, or otherwise except as provided in subsections (f) and (g) of this section.
459 information obtained or generated by the Office of the Correction Ombuds in the course of an investigation and all confidential records obtained by the Correction Ombuds or the office shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, or otherwise except as provided in subsections (f) and (g) of this section.
(m) Not later than December 1, 2023, and annually thereafter, the CorrectionOmbudsshallsubmit areport,inaccordance withsection 11- 4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction regarding the conditions of confinement in the state's correctional facilities and halfway houses.
(m) Not later than December 1, 2023, and annually thereafter, the CorrectionOmbudsshallsubmit areport,in accordance withsection 11- 4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction regarding the conditions of confinement in the state's correctional facilities and halfway houses.
Such report shall detail the Correction Ombuds' findings and recommendations.
Such report shall detail the Public Act No.
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459 Correction Ombuds' findings and recommendations.
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(5) "Grievance" means a formal complaint filed by any incarcerated person with the internal grievance system or the department;
459 (5) "Grievance" means a formal complaint filed by any incarcerated person with the internal grievance system or the department;
(B) For all incarcerated persons in the general population, four and a half hours per day, on and after October 1, 2022;
(B) For all incarcerated persons in the general population, four and a Public Act No.
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459 half hours per day, on and after October 1, 2022;
[(2)] (10) "Restrictive housing status" means [the designation] any classification of an [inmate] incarcerated person by the Department of Correction that [provides for] requires closely regulated management andseparationofsuch [inmate fromother inmates.]incarceratedperson from other incarcerated persons, including, but not limited to, administrative segregation status, punitive segregation status, transfer LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0012 of 22 R02-SB.docx } Substitute Bill No.
[(2)] (10) "Restrictive housing status" means [the designation] any classification of an [inmate] incarcerated person by the Department of Correction that [provides for] requires closely regulated management andseparationofsuch [inmate fromother inmates.]incarceratedperson from other incarcerated persons, including, but not limited to, administrative segregation status, punitive segregation status, transfer detention status, administrative detention status, security risk group status, chronic discipline status, special needs status and protective custody status;
459 detention status, administrative detention status, security risk group status, chronic discipline status, special needs status and protective custody status;
Use of force includes, but is not limited to, the use of restraints, chemical agents, canines or munitions or forcible extraction from a cell, other than in response to a psychiatric emergency.
Use of force includes, but is not Public Act No.
22-18 13 of 23 Substitute Senate Bill No.
459 limited to, the use of restraints, chemical agents, canines or munitions or forcible extraction from a cell, other than in response to a psychiatric emergency.
(c)Any use of isolatedconfinement shallmaintaintheleast restrictive environment necessary for the safety of incarcerated persons and staff, and the security of the facility.
(c)Any use of isolated confinement shallmaintaintheleast restrictive environment necessary for the safety of incarcerated persons and staff, and the security of the facility.
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(2) Ensure regular monitoring to ensure such person's safety and well-being, including a daily check-in from a therapist;
459 (2) Ensure regular monitoring to ensure such person's safety and well-being, including a daily check-in from a therapist;
and (C) Not less than two hours out of cell per day, including at least one hour for recreational purposes.
and Public Act No.
22-18 14 of 23 Substitute Senate Bill No.
459 (C) Not less than two hours out of cell per day, including at least one hour for recreational purposes.
(g) The department shall not impose a lockdown upon an entire correctional facility or part of a correctional facility for purposes of training department staff for more than twenty-four cumulative hours LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0014 of 22 R02-SB.docx } Substitute Bill No.
(g) The department shall not impose a lockdown upon an entire correctional facility or part of a correctional facility for purposes of training department staff for more than twenty-four cumulative hours during any thirty-day period.
459 during any thirty-day period.
(1) The frequency, cause and duration of lockdowns;
Public Act No.
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459 (1) The frequency, cause and duration of lockdowns;
(1)The number of [inmatesonrestrictive housing status]incarcerated persons in isolated confinement in this state's correctional facilities, as LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0015 of 22 R02-SB.docx } Substitute Bill No.
(1)The number of [inmatesonrestrictive housing status]incarcerated persons in isolated confinement in this state's correctional facilities, as of the first day of each of the twelve months preceding the date of the submission of the report [.
459 of the first day of each of the twelve months preceding the date of the submission of the report [.
The department shall report and disaggregate such data based on an inmate's age, gender identity, ethnicity, mental health score as calculated by the department, if any, and the form and phase of housing in which such inmate is held on restrictive housing status] and the total number of persons subjected to isolated confinement during the twelve months preceding the date of Public Act No.
The department shall report and disaggregate such data based on an inmate's age, gender identity, ethnicity, mental health score as calculated by the department, if any, and the form and phase of housing in which such inmate is held on restrictive housing status] and the total number of persons subjected to isolated confinement during the twelve months preceding the date of submission of the report;
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459 submission of the report;
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(K) Two thousand five hundred fifty-six to two thousand nine hundred twenty days;
459 (K) Two thousand five hundred fifty-six to two thousand nine hundred twenty days;
(M) Three thousand two hundred eighty-six to three thousand six hundred fifty days;
Public Act No.
22-18 17 of 23 Substitute Senate Bill No.
459 (M) Three thousand two hundred eighty-six to three thousand six hundred fifty days;
(4) [Actions taken by the department during the twelve months preceding the date of the submission of the report to minimize reliance on administrative segregation status and to mitigate the harmful effects of administrative segregation status on inmates, staff and the public.] Monthly reports showing the total number of incarcerated persons LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0017 of 22 R02-SB.docx } Substitute Bill No.
(4) [Actions taken by the department during the twelve months preceding the date of the submission of the report to minimize reliance on administrative segregation status and to mitigate the harmful effects of administrative segregation status on inmates, staff and the public.] Monthly reports showing the total number of incarcerated persons against whom the department has used force, including use of the following:
459 against whom the department has used force, including use of the following:
(B) Full stationary restraints;
Public Act No.
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459 (B) Full stationary restraints;
and LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0018 of 22 R02-SB.docx } Substitute Bill No.
and (8) External jobs held by incarcerated persons working for outside employers, including thejobtitle,hourly wage paid,the number ofsuch persons in each position as of the first of each month and the name of Public Act No.
459 (8) External jobs held by incarcerated persons working for outside employers, including thejobtitle,hourly wage paid,the number ofsuch persons in each position as of the first of each month and the name of each employer.
22-18 19 of 23 Substitute Senate Bill No.
459 each employer.
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Public Act No.
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The personnel, payroll, affirmative action and administrative and business office functions of said offices, commission, council and boards shall be merged and consolidated within the Office of Governmental Accountability.
The personnel, payroll, affirmative action and administrative and business office functions of said offices, commission, council and Public Act No.
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459 (c) The executive administrator may employ necessary staff to carry out the administrative functions of the Office of Governmental Accountability, within available appropriations.
459 boards shall be merged and consolidated within the Office of Governmental Accountability.
(c) The executive administrator may employ necessary staff to carry out the administrative functions of the Office of Governmental Accountability, within available appropriations.
[and] (F) the chairperson of the State Contracting Standards Board established under section 4e-2, or the chairperson's designee;
[and] (F) the chairperson of the State Contracting Public Act No.
22-18 22 of 23 Substitute Senate Bill No.
459 Standards Board established under section 4e-2, or the chairperson's designee;
The Governmental Accountability Commission shall LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0021 of 22 R02-SB.docx } Substitute Bill No.
The Governmental Accountability Commission shall select a chairperson who shall preside at meetings of the commission.
459 select a chairperson who shall preside at meetings of the commission.
This act shall take effect as follows and shall amend the following sections:
Approved May 10, 2022 Public Act No.
Section 1 from passage 18-81jj Sec.
22-18 23 of 23
2 July 1, 2022 New section Sec.
3 July 1, 2022 18-96b Sec.
4 July 1, 2022 1-300 Sec.
5 from passage 1-301(a) JUD Joint Favorable Subst.
APP Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00459-22 of 22 R02-SB.docx }
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 22-18

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE ADOPTED SEN. AMEND. SCH. A

  8. RULES SUSPENDED

  9. HOUSE CALENDAR NUMBER 513

  10. FAV. RPT., TABLED FOR HOUSE CALENDAR

  11. SEN. PASSED, SEN. AMEND. SCH. A

  12. SEN. ADOPTED SEN. AMEND. SCH. A

  13. FAV. RPT., TAB. FOR CAL., SEN.

  14. NO NEW FILE BY COMM. ON Appropriations

  15. RPTD. OUT OF LCO

  16. FILED WITH LCO

  17. Joint Favorable

  18. REF. BY SEN. TO COMM. ON Appropriations

  19. FILE NO. 524

  20. SENATE CALENDAR NUMBER 387

  21. FAV. RPT., TAB. FOR CAL., SEN.

  22. RPTD. OUT OF LCO

  23. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/19/22

  24. FILED WITH LCO

  25. Joint Favorable Substitute

  26. PUBLIC HEARING 0325

  27. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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15 sponsors · 0 co-sponsors · 172 not signed on

Sponsors (15)

Co-sponsors (0)

None.

Not signed on (172)

172 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors SB 459?
SB 459 is sponsored by Vargas, Edwin, Gucker, Kenneth M, Winkler, Michael A., Hampton, John K., Travis Simms (Democratic), Saud Anwar (Democratic), Geraldo C. Reyes (Democratic), Smith, Brian T., Michel, David, Anne M. Hughes (Democratic), Patricia A. Dillon (Democratic), Christopher Rosario (Democratic), Khan, Maryam, Martin M. Looney (Democratic), and Delany, Hubert D..
What is the current status of SB 459?
This bill has been enacted into law. Introduced March 18, 2022. Enacted.
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