SB 444 — AN ACT CONCERNING THE MODIFICATION OF SENTENCES FOR CANNABIS-RELATED OFFENSES.

Senate General Assembly SubstituteFile Bill No.

444528 February Session, 2024 ANSubstitute ACTSenate CONCERNINGBill THENo. MODIFICATION OF SENTENCES FOR CANNABIS-RELATED OFFENSES.

444 Senate, April 17, 2024 The Committee on Judiciary reportedthrough SEN.

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

AN ACT CONCERNING THE MODIFICATION OF SENTENCES FOR CANNABIS-RELATED OFFENSES.

(2) (A) On and after theeffective date of this section, in the case of any defendant granted permission to participate in a diversionary program, including as a result of a plea agreement, prior to, on or after the effective date of this section for a cannabis-related offense, the court shall, not later than three months after the granting of such permission, ordersSB444 a/ hearingFile and, if good cause is shown and where the defendant would not be in the program but for the alleged cannabis-related offense, vacate thedecisionconcerning participationintheprogramand dismiss the charge or charges for which permission to participate in the LCO 1 of 4 Substitute Bill No.

444528 program1 wassSB444 granted.File No.

528 order a hearing and, if good cause is shown and where the defendant would not be in the program but for the alleged cannabis-related offense, vacate thedecisionconcerning participationintheprogramand dismiss the charge or charges for which permission to participate in the program was granted.

[(b) On] (c) Except as provided in subdivision (2) of subsection (a) of this section, on and after October 1, 2021, at any time during the period ofsSB444 a/ sentenceFile in which a defendant has been sentenced prior to, on or afterOctober1,2021,toanexecutedperiodofincarcerationofmorethan seven years as a result of a plea agreement, or whenever any defendant has been convicted of an offense and such offense has been LCO 2 of 4 Substitute Bill No.

444528 decriminalized2 subsequentsSB444 toFile theNo. date of the conviction, including an agreement in which there is an agreed upon range of sentence, upon agreement ofthedefendant andthe state'sattorney to seek reviewofthe sentence, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced.

528 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, or whenever any defendant has been convicted of an offense and such offense has been decriminalized subsequent to the date of the conviction, including an agreement in which there is an agreed upon range of sentence, upon agreement ofthedefendant andthe state'sattorney to seek reviewofthe sentence, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced.

(g) Following the entry of an order to modify a sentence pursuant to this section, the clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convictedsSB444 in/ theFile Court of Common Pleas, the Circuit Court, a municipal court or a trial justice court, shall cause a copy of such order to be forwarded to the Connecticut Sentencing Commission, the Criminal LCO 3 of 4 Substitute Bill No.

444528 Justice3 PolicysSB444 andFile PlanningNo. Division within the Office of Policy and Management and the correctional facility or temporary detention facility where the defendant is incarcerated, not later than ten days after the entry of such order.

528 convicted in the Court of Common Pleas, the Circuit Court, a municipal court or a trial justice court, shall cause a copy of such order to be forwarded to the Connecticut Sentencing Commission, the Criminal Justice Policy and Planning Division within the Office of Policy and Management and the correctional facility or temporary detention facility where the defendant is incarcerated, not later than ten days after the entry of such order.

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528 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 25 $ FY 26 $ Judicial Dept.

GF - Cost 2,000,000 1,953,000 State Comptroller - Fringe GF - Cost 767,000 767,000 Benefits1 Note:

GF=General Fund Municipal Impact:

None Explanation The bill, which requires the Judicial Department to order the discharge of any person who is incarcerated for only cannabis-related offenses and to order hearings for the possible discharge of other sentences related to cannabis charges, results in a cost to the Judicial Department of about $2 million in FY 25 and about $1,953,000 in FY 26 and approximately $767,000 to the State Comptroller- Fringe Benefits in both fiscal years.

The bill will require a manual review of the Judicial Department's current probation supervision clients to determine who orders should be scheduled for.

2 This process would require approximately 31 temporary clerks to complete the reviews over the course of two years.

3 The estimated cost includes $1,860,000 in salaries and $93,000 in other 1The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 41.25% of payroll in FY 25.

As of April 1, 2024, there are approximately 32,000 individuals on probation in the state.

3Temporary clerks are compensated at a rate of $60,000 annually.

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528 expenses for both fiscal years.

In FY 25, $47,000 is included for one-time equipment costs.

The bill’s requirements do not result in a fiscal impact to the Department of Correction (DOC).

The bill also requires collaboration from DOC regarding any cannabis related sentences, however previous studies have demonstrated that few, if any, are currently incarcerated for such offenses.

The Out Years The costs associated with this bill may continue depending on the Judicial Department's ability to review the cases and order hearings within two years.

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528 OLR Bill Analysis SB 444 AN ACT CONCERNING THE MODIFICATION OF SENTENCES FOR CANNABIS-RELATED OFFENSES.