SB 1502 — AN ACT CONCERNING SENTENCE REDUCTION OR RELIEF FOR SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING OR HUMAN TRAFFICKING.

6193742 8 ofsSB1502 24File Raised Bill No.

1502742 as amended by this act, or any other statute pertaining to sentence reduction relief.

Section 54-125a of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJanuary 1, 2025):2026):

Within three weeks after the commitment of each person sentenced to more than two years, the state's attorney for the judicial district shall send to the Board of LCOPardons No.and Paroles the record, if any, of such person.

6193sSB1502 9/ ofFile 24No. Raised Bill No.1502 Pardons and Paroles the record, if any, of such person.

(b)742 (1)9 NosSB1502 personFile convictedNo. of any of the following offenses, which was committed on or after July 1, 1981, shall be eligible for parole under subsection (a) of this section:

742 (b) (1) No person convicted of any of the following offenses, which was committed on or after July 1, 1981, shall be eligible for parole under subsection (a) of this section:

An employee of the board or, if deemed necessary by the chairperson, a LCOpanel No.of the board shall assess the suitability for parole release of such person based on the following standards:

6193(1) 10Whether ofthere 24is Raisedreasonable Billprobability No.1502that panelsuch ofperson thewill boardlive shalland assessremain theat suitabilityliberty forsSB1502 parole/ releaseFile ofNo. such person based on the following standards:

(1)742 Whether10 theresSB1502 isFile reasonableNo. 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.

742 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.

If a hearing is held, and if the board determines that continued confinement is necessary, 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 LCOfrom No.incarceration to the community.

6193No 11hearing pursuant to the provisions of 24this Raisedsubsection Billmay No.1502proceed unless the parole release panel is in possession of the complete file for such applicant, including any documentation from incarcerationthe toDepartment of Correction, the community.trial transcript, the sentencing record and any file of any previous parole sSB1502 / File No.

No742 hearing11 pursuantsSB1502 toFile theNo. provisions of this subsection may proceed unless the parole release panel is in possession of the complete file for such applicant, including any documentation from the Department of Correction, the trial transcript, the sentencing record and any file of any previous parole hearing.

742 hearing.

Any portionofasentence that is based on a crime or crimes committed while a person was eighteen years of age or older shall be subject to the applicable parole eligibility, suitability and release rules set forth in subsections (a) to (e), inclusive, LCOof No.this section.

6193 12 of 24 Raised Bill No.1502 of this section.

At least twelve months prior to such hearing, the board shall notify the office of Chief Public Defender, thesSB1502 appropriate/ state'sFile attorney,No. the Victim Services Unit within the Department of Correction, the Office of the Victim Advocate and the Office of Victim Services within the Judicial Department of such person's eligibility for parole release pursuant to this subsection.

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742 the appropriate state's attorney, the Victim Services Unit within the Department of Correction, the Office of the Victim Advocate and the Office of Victim Services within the Judicial Department of such person's eligibility for parole release pursuant to this subsection.

(4)After suchhearing, theboardmay allowsuchpersonto go at large on parole with respect to any portion of a sentence that was based on a crime or crimes committed while such person was under eighteen years of age if the board finds that such parole release would be consistent with the factors set forth in subdivisions (1) to (4), inclusive, of subsection (c) of section 54-300 and if it appears, from all available information, including, but not limited to, any reports from the Commissioner of Correction, that (A) there is a reasonable probability that such person will live and remain at liberty without violating the law, (B) the benefits to such person and society that would result from LCOsuch person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person'scontinuedincarceration,and(C)suchpersonhasdemonstrated substantial rehabilitation since the date such crime or crimes were committed considering such person's character, background and history, as demonstrated by factors, including, but not limited to, such person's correctional record, the age and circumstances of such person sSB1502 / File No.

6193742 13 ofsSB1502 24File RaisedNo. Bill No.1502 such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person'scontinuedincarceration,and(C)suchpersonhasdemonstrated substantial rehabilitation since the date such crime or crimes were committed considering such person's character, background and history, as demonstrated by factors, including, but not limited to, such person's correctional record, the age and circumstances of such person as of the date of the commission of the crime or crimes, whether such person has demonstrated remorse and increased maturity since the date of the commission of the crime or crimes, such person's contributions to the welfare of other persons through service, such person's efforts to overcome substance abuse, addiction, trauma, lack of education or obstacles that such person may have faced as a child or youth in the adult correctional system, the opportunities for rehabilitation in the adult correctional system, whether the person has also applied for or received a sentence modification and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes.

742 as of the date of the commission of the crime or crimes, whether such person has demonstrated remorse and increased maturity since the date of the commission of the crime or crimes, such person's contributions to the welfare of other persons through service, such person's efforts to overcome substance abuse, addiction, trauma, lack of education or obstacles that such person may have faced as a child or youth in the adult correctional system, the opportunities for rehabilitation in the adult correctional system, whether the person has also applied for or received a sentence modification and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes.

(g) (1) Notwithstanding the provisions of subsections (a) to (f), inclusive, of this section, a person convicted of one or more crimes committed while such person was under twenty-one years of age, who was sentenced on or before October 1, 2005, and who received a definite sentence or total effective sentence of more than ten years' incarceration for such crime or crimes committed on or before October 1, 2005, may LCObe No.allowed to go at large on parole in the discretion of the panel of the Board of Pardons and Paroles for the institution in which such person is confined, provided (A) if such person is serving a sentence of fifty years or less, such person shall be eligible for parole after serving sixty per cent of the sentence or twelve years, whichever is greater, or (B) if such person is serving a sentence of more than fifty years, such person shall be eligible for parole after serving thirty years.

6193Nothing 14 of 24 Raised Bill No.1502 be allowed to go at large on parole in thethis discretionsubsection ofshall thelimit panel of the Board of Pardons and Paroles for the institution in which such person is confined, provided (A) if such person is serving a sentenceperson's ofeligibility fifty years or less, such person shall be eligible for parole afterrelease servingunder sixty per cent of the sentencesSB1502 or/ twelveFile years,No. whichever is greater, or (B) if such person is serving a sentence of more than fifty years, such person shall be eligible for parole after serving thirty years.

Nothing742 in14 thissSB1502 subsectionFile shallNo. limit a person's eligibility for parole release under the provisions of subsections (a) to (f), inclusive, of this section if such person would be eligible for parole release at an earlier date under any of such provisions.

742 provisions of subsections (a) to (f), inclusive, of this section if such person would be eligible for parole release at an earlier date under any of such provisions.

At any hearing to determine such person's suitability for parole release pursuant to this subsection, the board shall permit (A) such person to make a statement on such person's behalf, (B) counsel for such person and the state's attorney to submit reports and other documents, and (C) any victim of thecrime or crimestomake astatement pursuant to section54-126a.The LCOboard No.may request testimony from mental health professionals or other relevant witnesses, and reports from the Commissioner of Correction or other persons, as the board may require.

6193 15 of 24 Raised Bill No.1502 board may request testimony from mental health professionals or other relevant witnesses, and reports from the Commissioner of Correction or other persons, as the board may require.

(4)After suchhearing, theboardmay allowsuchpersonto go at large onsSB1502 parole/ withFile respect to any portion of a sentence that was based on a crime or crimes committed while such person was under twenty-one years of age, if the board finds that such parole release would be consistent with the factors set forth in subdivisions (1) to (4), inclusive, of subsection (c) of section 54-300 and if it appears, from all available information, including, but not limited to, any reports from the Commissioner of Correction, that (A) there is a reasonable probability that such person will live and remain at liberty without violating the law, (B) 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'scontinuedincarceration,and(C)suchpersonhasdemonstrated substantial rehabilitation since the date such crime or crimes were committed considering such person's character, background and history, as demonstrated by factors, including, but not limited to, such person's correctional record, the age and circumstances of such person as of the date of the commission of the crime or crimes, whether such person has demonstrated remorse and increased maturity since the date of the commission of the crime or crimes, such person's contributions to the welfare of other persons through service, such person's efforts to overcome substance abuse, addiction, trauma, lack of education or obstacles that such person may have faced as a person who was under twenty-one years of age in the adult correctional system, the opportunities for rehabilitation in the adult correctional system, whether the person has also applied for or received a sentence LCO No.

6193742 1615 ofsSB1502 24File RaisedNo. Bill No.1502 modification and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes.

742 on parole with respect to any portion of a sentence that was based on a crime or crimes committed while such person was under twenty-one years of age, if the board finds that such parole release would be consistent with the factors set forth in subdivisions (1) to (4), inclusive, of subsection (c) of section 54-300 and if it appears, from all available information, including, but not limited to, any reports from the Commissioner of Correction, that (A) there is a reasonable probability that such person will live and remain at liberty without violating the law, (B) 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'scontinuedincarceration,and(C)suchpersonhasdemonstrated substantial rehabilitation since the date such crime or crimes were committed considering such person's character, background and history, as demonstrated by factors, including, but not limited to, such person's correctional record, the age and circumstances of such person as of the date of the commission of the crime or crimes, whether such person has demonstrated remorse and increased maturity since the date of the commission of the crime or crimes, such person's contributions to the welfare of other persons through service, such person's efforts to overcome substance abuse, addiction, trauma, lack of education or obstacles that such person may have faced as a person who was under twenty-one years of age in the adult correctional system, the opportunities for rehabilitation in the adult correctional system, whether the person has also applied for or received a sentence modification and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes.

(6)The decisionoftheboardunderthissubsectionshallnotbesubject tosSB1502 appeal./ File No.

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742 to appeal.

(2)Notwithstanding theprovisionsofsubsections(a)to (g),inclusive, ofthissection,any personwho isasurvivor ofdomesticviolence, sexual assault, stalking or trafficking in persons and for whom domestic violence, sexual assault, stalking or trafficking in persons was a contributing factor in the commission of such person's offense or conviction, and who received a definite sentence or total effective sentence of more than ten years, may submit an application for a parole suitability hearing before a panel of the Board of Pardons and Paroles for the institution in which such person is confined, provided (A) if such person is serving a sentence of fifty years or less, such person shall be eligible for parole after serving sixty per cent of the sentence or twelve years, whichever is greater, or (B) if such person is serving a sentence of more than fifty years, such person shall be eligible for parole after serving thirty years.

A person shall have the opportunity to apply for parole under this subsection regardless of whether or not evidence regarding such person's survival of domestic violence, sexual assault, stalking or trafficking in persons had been presented or disclosed at such person's LCOtrial, No.sentencing hearing or any previous application for parole.

6193 17 of 24 Raised Bill No.1502 trial,sentencing hearing or any previousapplicationfor parole.

(3) At the time of application for a parole suitability hearing under this subsection, the person shall submit at least two pieces of documented proof, which may include, but not be limited to, documentation described in subdivision (3) of subsection (b) of section 53a-35a, as amended by this act, corroborating the person's claim that such person is a survivor of domestic violence, sexual assault, stalking orsSB1502 trafficking/ inFile persons.No.

742 17 sSB1502 File No.

742 or trafficking in persons.

(6) At such hearing, the board shall give substantial weight to any evidence that (A) the person is a survivor of domestic violence, sexual assault, stalking or trafficking in persons, and (B) domestic violence, sexual assault, stalking or trafficking in persons was a contributing factor in the commission of the offense, in determining parole suitability as it may pertain to (i) whether there is a reasonable probability that such person will live and remain at liberty without violating the law, LCOand No.(ii) 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.

6193 18 of 24 Raised Bill No.1502 and (ii) 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.

If the board determines that continued confinement is necessary, the board may reassess such person's suitability for a new parole hearing at a later date not earlier than two yearssSB1502 after/ theFile dateNo. of the board's decision.

742 18 sSB1502 File No.

742 years after the date of the board's decision.

(k)Not later thanJanuary 15,2026,andannually15,2027,andannually thereafter, theBoard of Pardons and ParoleParoles shall report on its Internet web site information from the previous calendar year relevant to the use of subsection (h) of this section, as a basis for parole relief, including, but not limited to:

Section 54-130a of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJanuary 1, 2025):2026):

LCO(a) No.Jurisdiction over the granting of, and the authority to grant, commutationsofpunishment orreleases,conditionedor absolute, inthe case of any person convicted of any offense against the state and commutations from the penalty of death shall be vested in the Board of Pardons and Paroles.

6193 19 of 24 Raised Bill No.1502 (a) Jurisdiction over the granting of, and the authority to grant, commutationsofpunishment orreleases,conditionedor absolute, inthe case of any person convicted of any offense against the state and commutations from the penalty of death shall be vested in the Board of Pardons and Paroles.

(c) The board may accept an application for apardon three years after an applicant's conviction of a misdemeanor or violation and five years after an applicant's conviction of a felony, except that the board, upon a finding of extraordinary circumstances, may accept an application for a pardonsSB1502 prior/ toFile suchNo. dates.

742 19 sSB1502 File No.

742 pardon prior to such dates.

(e) Whenever the board grants an absolute pardon to any person, the board shall cause notification of such pardon to be made in writing to LCOthe No.clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convicted in the Court of Common Pleas, the Circuit Court, a municipal court, or a trial justice court.

6193 20 of 24 Raised Bill No.1502 the clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convicted in the Court of Common Pleas, the Circuit Court, a municipal court, or a trial justice court.

(g) In the case of any person convicted of a violation for which a sentence to a term of imprisonment may be imposed, the board shall have authority to grant a pardon, conditioned, provisional or absolute, orsSB1502 a/ certificateFile ofNo. rehabilitation in the same manner as in the case of any person convicted of an offense against the state.

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742 or a certificate of rehabilitation in the same manner as in the case of any person convicted of an offense against the state.

(2) Notwithstanding the provisions of subsections (a) to (f), inclusive, of this section, the board shall accept applications for commutations of sentences from any person,person who has a total effective sentence of an aggregate term or terms of imprisonment of ten years or more and who has served at least ten years of such term, including any person who is not otherwise eligible for sentence commutation, (A) if such person is a survivor of domestic violence, sexual assault, stalking or trafficking in persons, and (B) for whom domestic violence, sexual assault, stalking or trafficking in persons was a contributing factor in the commission of such person's offense.

An applicant shall have the opportunity to apply for commutation under this subsection regardless of whether or not evidence regarding such person's survival of domestic violence, sexual LCOassault, No.stalking or trafficking in persons had been presented or disclosed at such person's trial, sentencing hearing or any application for parole.

6193If 21any ofperson 24applied Raisedfor Billand No.was denied commutation before January 1, 2026, such person may apply for sentence commutation under this subsection if such denial was for an application filed on or after January 1, 2021, and prior to January 1, 2026.

1502 assault, stalking or trafficking in persons had been presented or disclosed at such person's trial, sentencing hearing or any application for parole.

(4) The board shall review any such application and the board shall give substantial weight to any evidence that (A) the applicant is a survivorsSB1502 of/ domesticFile violence,No. sexual assault, stalking or trafficking in persons,and(B)domesticviolence,sexualassault,stalkingortrafficking in persons was a contributing factor in the commission of the offense for which the applicant is seeking sentence commutation.

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742 survivor of domestic violence, sexual assault, stalking or trafficking in persons,and(B)domesticviolence,sexualassault,stalkingortrafficking in persons was a contributing factor in the commission of the offense for which the applicant is seeking sentence commutation.

For LCOany No.application submitted pursuant to subsection (h) of this section, the board shall articulate for the record the board's decision and the reasons for the decision to grant or deny commutation of sentence.

6193(k)Not 22later thanJanuary 15,2027,andannually thereafter, theBoard of 24Pardons Raisedand BillParoles No.shall report on its Internet web site information from the previous calendar year relevant to the use of subsection (h) of this section as a basis for commutation of a sentence, including, but not limited to:

1502 any application submitted pursuant to subsection (h) of this section, the board shall articulate for the record the board's decision and the reasons for the decision to grant or deny commutation of sentence.

(k)Not later thanJanuary 15,2026,andannually thereafter,theBoard of Pardons and Parole shall report on its Internet web site information from the previous calendar year relevant to the use of subsection (h) of this section as a basis for commutation of a sentence, including, but not limited to:

(NEW) (Effective OctoberJanuary 1, 2025)2026) Not later than January 15, 2026,2027, and annually thereafter, the executive director of the Court Support Services Division of the Judicial Branch shall report on its Internet web site information from the previous calendar year relevant tosSB1502 sentencing/ reliefFile providedNo. on the basis that domestic violence, stalking or trafficking in persons was found to be a contributing factor to the commission of a defendant's offense, including, but not limited to, (1) the number of defendants in each judicial district who were granted a lesser sentence pursuant to subsection (b) of section 53a-35a of the general statutes, as amended by this act, (2) the number of defendants in each judicial district who applied for sentencing modification pursuant to subsection (g) of section 53a-39 of the general statutes, as amended by this act, and (3) the number of defendants granted sentencing modification pursuant to subsection (g) of section 53a-39 of the general statutes, as amended by this act.

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742 to sentencing relief provided on the basis that domestic violence, stalking or trafficking in persons was found to be a contributing factor to the commission of a defendant's offense, including, but not limited to, (1) the number of defendants in each judicial district who were granted a lesser sentence pursuant to subsection (b) of section 53a-35a of the general statutes, as amended by this act, (2) the number of defendants in each judicial district who applied for sentencing modification pursuant to subsection (g) of section 53a-39 of the general statutes, as amended by this act, and (3) the number of defendants granted sentencing modification pursuant to subsection (g) of section 53a-39 of the general statutes, as amended by this act.

Section 1 OctoberJanuary 1, 20252026 53a-35a Sec.

2 OctoberJanuary 1, 20252026 53a-39 Sec.

3 OctoberJanuary 1, 20252026 54-125a Sec.

4 OctoberJanuary 1, 20252026 54-130a Sec.

5 OctoberJanuary 1, 20252026 New section LCOJUD No.Joint Favorable Subst.

6193sSB1502 23/ ofFile 24 Raised Bill No.

1502742 Statement23 ofsSB1502 Purpose:File No.

To742 permitThe survivorsfollowing ofFiscal domesticImpact violence,Statement sexualand assault,Bill stalkingAnalysis orare traffickingprepared in persons for whomthe violencebenefit orof abusethe sufferedmembers byof suchthe survivorsGeneral wasAssembly, asolely contributingfor factorpurposes influencingof suchinformation, survivorsummarization toand commitexplanation anand offensedo tonot berepresent eligiblethe forintent aof sentencethe reductionGeneral Assembly or relief.either chamber thereof for any purpose.

[ProposedIn deletionsgeneral, fiscal impacts are enclosedbased inupon brackets.a variety of informational sources, including the analyst’s professional knowledge.

ProposedWhenever additionsapplicable, areagency indicateddata byis underline,consulted exceptas thatpart whenof the entireanalysis, texthowever offinal aproducts billdo ornot resolutionnecessarily orreflect aan sectionassessment offrom aany billspecific ordepartment. resolution is new, it is not underlined.] LCO No.

6193OFA 24Fiscal ofNote 24State Impact:

Agency Affected Fund-Effect FY 26 $ FY 27 $ Department of Correction (Board GF - Cost 283,127 - 566,253 - of Pardons and Parole) 512,137 1,024,273 State Comptroller - Fringe GF - Cost 132,815 - 265,630 - Benefits1 239,646 479,292 Correction, Dept.

GF - Potential Minimal Minimal Savings Note:

GF=General Fund Municipal Impact:

None Explanation The bill, which allows certain survivors of domestic violence, sexual assault, stalking, or human trafficking to be eligible for sentence reduction or modification and expands such survivors' parole and commutation eligibility, results in (1) a cost of $283,127 to $512,137 in FY and $566,253 to $1,024,273 in FY 27 to the Board of Pardons and Paroles, (2) a cost of $132,815 to $239,646 in FY 26 and $265,630 to $479,292 in FY 27 to the State Comptroller – Fringe Benefits, and (3) a potential savings to the Department of Correction (DOC) for incarceration beginning in FY 26.

On average, the marginal savings to the state for incarcerating an offender for the year is $3,300.

The extent 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 40.71% of payroll in FY 26.

The estimated active hazardous duty employee fringe benefit cost is 49.15% of payroll in FY 26.

Inmate marginal savings is based on decreased consumables (e.g., food, clothing, water, sewage, living supplies, etc.) This does not include a reduction in staffing costs or other utility expenses because these would only be realized if a unit or facility closed.

sSB1502 / File No.

742 24 sSB1502 File No.

742 to which current law already allows such survivors to obtain sentencing relief may mitigate the impact to DOC.

All FY 26 costs reflect the bill's partial year implementation.

The cost to the Board of Pardons and Paroles is dependent on how many additional hearings are required to accommodate the increase in parole applications resulting from this bill.

There are estimated to be at least 2,000 inmates who would be eligible to apply for parole under this bill.

If these inmates submit applications that meet the bill's evidentiary requirements, the board is required to hold a parole hearing within 120 days.

To accommodate these additional hearings, the board may be required to hire 5 to 10 additional parole officers, one Parole and 5 Community Services Supervisor, and one to two office assistants.

Additionally, it may not be feasible to meet the bill's hearing deadlines without an increase to the statutory number of board members;

although, all five part-time member positions are currently vacant.

Equipment expenses for these positions are estimated to be between $17,500 and $32,500 annually.

The bill also establishes various reporting requirements for the Board of Pardons and Paroles and the Judicial Department which are not expected to result in a fiscal impact.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to number of survivors granted relief under thisbill.

Thenumber ofinmateseligible for parolehearingsunder These officers are generally assigned to correctional facilities and will interview applicants, conduct risk assessments, and complete comprehensive summaries that provide board members with information regarding an applicant’s criminal, social, and correctional history, as well as details of their current offense(s).

The annual salary for a parole officer is $78,931.

The Parole Supervisor is responsible for re-calculating eligibility, certifying case files, assigning cases to institutional parole officers, reviewing interview information, and scheduling hearings.

The annual salary for this position is $105,733.

5The office assistants process and gather necessary documents prior to the hearings, send out notifications of the hearings, and producing minutes after the hearings.

The annual salary for an office assistant is $48,365.

sSB1502 / File No.

742 25 sSB1502 File No.

742 this bill is expected to decrease after the first year but will remain higher than the current level.

sSB1502 / File No.

742 26 sSB1502 File No.

742 OLR Bill Analysis sSB 1502 AN ACT CONCERNING SENTENCE REDUCTION OR RELIEF FOR SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING OR HUMAN TRAFFICKING.

SUMMARY This bill establishes a process by which a defendant found guilty of a felony offense may obtain a reduced sentence due to being a domestic violence, sexual assault, stalking, or human trafficking survivor if the experience was a contributing factor in committing the offense (see BACKGROUND).

Under the bill, a contributing factor is something that influences, but is not necessarily the only, main, substantial, or major factor that led up to an offense.

The bill requires the defendant to give the court documented proof to corroboratetheirsurvivorstatus.Thecourtmustmakeitsdetermination for a reduced sentence on these grounds by clear and convincing evidence.

The bill specifies the reduced sentences that apply, even if existing law prescribes a mandatory minimum sentence for an offense.

It requires the court to deny a defendant’s motion without prejudice if it does not meet the requirements for applying for the sentence reduction.

The bill correspondingly establishes processes by which a person may request a sentence modification, parole, or commutation based on the same rationale and submitting similar evidence.

It specifies that its provisions do not prevent a defendant from seeking relief under other specified laws related to sentence reduction or relief.

Lastly, the bill requires the judicial branch and the Board of Pardons and Paroles (BOPP), beginning by January 15, 2027, to annually report on sentencing or parole relief, and commutations provided under the sSB1502 / File No.

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742 bill’s provisions.

The judicial branch’s report must include how many defendants in each judicial district (1) were granted a lesser sentence, (2) applied for a sentencing modification, and (3) were granted a modification.

BOPP must report on parole relief and commutations provided for the same reason.

It must similarly report how many applications it received and how many of those were granted.

These reports must be for the prior calendar year and posted on branch’s or BOPP’s website, as applicable.

EFFECTIVE DATE:

January 1, 2026 SENTENCE REDUCTION Under the bill, if a court receives a motion before sentencing occurs for a reduced sentence and finds by clear and convincing evidence that domestic violence, sexual assault, stalking, or human trafficking was a contributing factor to the commission of the offense, it must impose a reduced sentence, as specified in the below table.

The bill requires the courttostateontherecordthatsentencingwasdeterminedonthisbasis.

Table:

Existing Law’s Sentencing and the Bill’s Reduced Sentencing Existing Law’s Sentence The Bill’s Maximum Reduced Sentence Life imprisonment without possibility of 30 years’ imprisonment release At least 50 years’ imprisonment, but not lif25 years’ imprisonment imprisonment without possibility of release At least 40, but less than 50, years’ 20 years’ imprisonment imprisonment At least 30, but less than 40, years’ 15 years’ imprisonment imprisonment At least 25, but less than 30, years’ 12.5 years’ imprisonment imprisonment At least 20, but less than 25, years’ 10 years’ imprisonment imprisonment At least 10, but less than 20, years’ Five year’s imprisonment imprisonment At least 5, but less than 10, years’ imprisonment At least three, but less than five, years’ 18 months imprisonment imprisonment sSB1502 / File No.

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742 The bill requires a defendant applying for this relief to give the court atleasttwopiecesofdocumentedproofthatcorroboratethedefendant’s status as a survivor as described under the bill.

This proof may include things like the following:

1.

a signed affidavit attesting to the defendant’s survivor status and that the defendant’s experience was a contributing factor in committing the offense involved;

2.

a sworn statement from someone with direct or indirect knowledge of the defendant’s experience with violence, assault, stalking, or trafficking;

3.

a court, social services, hospital, or law enforcement record or a presentence report;

4.

a restraining or protective order or a foreign order of protection;

5.

documentation prepared at or close to when the offense was committed or prosecuted that tends to support the defendant’s claims;

6.

records from a licensed medical or mental health care provider;

or 7.

sworn statements from a clergy member, attorney, social worker, domestic violence or sexual assault counselor, or other advocate on the defendant’s behalf.

The bill also requires the court to consider (1) testimony from prosecution or defense witnesses;

(2) oral and written arguments;

and (3) any other evidence that is relevant to determining if the violence, assault, stalking, or trafficking was a contributing factor to the defendant’s committing the offense.

It makes reliable hearsay evidence admissible for this purpose.

SENTENCE MODIFICATION Existing law allows a sentencing court or judge to reduce a sentence, sSB1502 / File No.

742 29 sSB1502 File No.

742 order the defendant discharged, or order the defendant discharged on probation or conditional discharge, for good cause.

The bill generally allows defendants to file a motion for a sentence modification based on being a domestic violence, sexual assault, stalking, or human trafficking survivor and the associated experience being a contributing factor to committing the offense for which they are incarcerated.

Defendants may do this even if they did not raise evidence of the violence, assault, stalking, or trafficking at trial, in plea negotiations, or at sentencing.

The modification request, however, is unavailable to defendants who were originally sentenced under the bill’s reduced sentencing on the same grounds.

Under the bill, a defendant must have an opportunity to present evidence that shows these facts, and if possible, this must happen before the original sentencing judge.

The bill requires the defendant to give the court at least two of the same types of documented proof that the bill requires for a sentence reduction (see above, e.g., a court, hospital, or law enforcement record, or certain sworn statements).

It also similarly requires the court at the modification hearing to take testimony from the state’s or defense’s witnesses, consider oral and written arguments and any other relevant evidence, including reliable hearsay.

As with a sentence reduction, the bill requires the court to make its finding for a sentence modification by clear and convincing evidence.

It also aligns the modification with the bill’s reduced sentencing lengths (seeabovetable)andrequiresthecourtto notifythedefendantanddeny the motionwithout prejudice ifit doesnot meet therequirements forthe modification.

Under the bill, a court may waive existing law’s time restriction on filing a subsequent modification motion if the defendant presents new evidence or shows good cause for a delay in presenting evidence.

PAROLE sSB1502 / File No.

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742 The bill establishes a process for certain domestic violence, sexual assault, stalking, or human trafficking survivors with associated experience that was a contributing factor in committing the offense for which they are incarcerated, to apply for parole generally earlier than current law allows.

It applies to individuals with a definite or total effective sentence of more than 10 years, even if they would not be otherwise eligible for commutation or evidence about the violence, assault, stalking, or trafficking was not presented or disclosed at trial, sentencing, or in a parole application.

Under the bill, if the person’s sentence is for 50 or less years, the person is eligible for parole after serving the greater of 60% of the sentence or 12 years.

If the person’s sentence is for more than 50 years, the person is eligible after serving 30 years.

Under current parole eligibility requirements, (1) a person must generally have served at least 85% of their sentence and (2) young offenders may be paroled after serving 60% of their sentence.

The bill specifies that its new eligibility thresholds do not limit a person’s ability to be paroled at an earlier date if applying the current eligibility thresholds.

Whenapplying for parole,theapplicant must submit to BOPPat least two pieces of documented proof to corroborate their survivor status, which may include the same types of documented proof that the bill requires for a sentence reduction (see above, e.g., a court, hospital, or lawenforcementrecord,orcertainswornstatements).IfBOPPfindsthat the submitted evidence complies, it must hold a hearing within the next days to help it determine if parole should be granted.

Under the bill, at the hearing BOPP must allow the person to present additional evidence to show their survivor status and that their associatedexperiencewasacontributingfactor.Itmayaskfortestimony from mental health professionals or other relevant witnesses.

The bill requires BOPP to give substantial weight to the person’s evidence about sSB1502 / File No.

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742 their survivor status and the committed offense’s contributing factor.

It must do this to determine parole suitability as to if (1) there is a reasonable probability that thepersonwillnot further break thelawand (2) the benefits to the person and society from releasing the person to community supervision outweigh those from keeping them incarcerated.

The bill requires BOPP, after the hearing, to state for the record its decision and the reasons for it.

If it determines that the person is suitable for parole, it may allow the person to be paroled for any part of the sentence that was based on an offense committed with the contributing factor.

But if it determines that confinement is still needed, it may reassess the suitability for a new parole hearing at a date that is at least two years after this decision.

COMMUTATION The bill requires BOPP to accept applications for sentence commutations from certain domestic violence, sexual assault, stalking or human trafficking survivors with associated experience that was a contributing factor in committing the offense.

This applies to individuals with a total effective sentence term or imprisonment term of at least 10 years and who have served at least 10 years, even if they would not be otherwise eligible for commutation or evidence about the violence, assault, stalking, or trafficking was not presented or disclosed at trial or sentencing, or in a parole application.

The bill specifies that someone who applied for and was denied commutation between January 1, 2021, and January 1, 2026 (the bill’s effective date), may apply under this process.

Under the bill, BOPP must review the application and give substantial weight to any evidence that the applicant is a survivor and that the experience was a contributing factor in committing the offense.

With the application, the applicant must submit at least two pieces of documented proof to corroborate their survivor status, which may include the same types of documented proof that the bill requires for a sSB1502 / File No.

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742 sentence reduction (see above, e.g., a court, hospital, or law enforcement record, or certain sworn statements).

The bill also allows BOPP to hold a hearing to help it determine if the applicant’s experience with domestic violence, sexual assault, stalking, or human trafficking was a contributing factor in committing the offense.

If it holds one, BOPP (1) must allow the applicant to present relevant additional evidence at the hearing and (2) may ask for testimony from mental health professionals or other relevant witnesses.

The bill requires BOPP to state for the record its decision to grant or deny a sentence commutation request based on these factors and the reasons for it.

BACKGROUND Definitions By law and for the bill’s purposes, “domestic violence” generally includes with respect to a family or household member (1) a continuous threat of present physical pain or injury;

(2) stalking;

(3) a pattern of threating;

or (4) coercive control, which is a behavior pattern that unreasonably interferes with free will and personal liberty (CGS § 46b- 1).

The sexual assault crimes applicable to the bill generally involve (1) compelling another person to engage in sexual intercourse or contact by force, fear, or without consent or (2) subjecting another person to sexual contact and the parties are minors of certain ages or have some professional relationship (e.g., therapist/patient, school employee/student).

There are more severe associated criminal classes and penalties based on things such as the age of the victim, death of the victim, use of weapons, committing other crimes to commit the offense, or help by additional individuals (CGS § 54-240).

“Stalking” generally involves engaging in a course of conduct towardsor about a specific personthat wouldcause areasonable person to fear for physical safety, have emotional distress, or fear injury or death of their animal.

It also includes engaging in a course of conduct, sSB1502 / File No.

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742 with intent to harass or scare a specific person and for no legitimate purpose,that(1)wouldcauseareasonablepersontofearthelossoftheir job, business, or career or (2) electronically discloses personally identifiable information without consent that would cause a reasonable person to fear for physical safety or have emotional distress.

There are separate criminal classes and penalties, based on things like the intentionality, previousconvictionsof thesame crime type,and the ages of the parties involved.

Electronic stalking is a specific form of stalking (CGS §§ 53a-181c to -181f).

“Trafficking in persons” (human trafficking) generally occurs when someone knowingly uses fraud, coercion, or force (including a threat of force)to compelor induce another personto (1)engage insexualcontact with others or (2) provide labor or services that the person has a right to not do.

It also includes (1) compelling or inducing a minor to engage in sexual conduct with another person for which that other person could be charged with a crime;

(2) otherwise committing a sex trafficking act;

or (3) a criminal violation of federal law against involuntary servitude, slavery,andhumantrafficking (CGS§53a-192a,18U.S.C.§1581etseq.).

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 29 Nay 12 (04/07/2025) sSB1502 / File No.

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