SB 1541 — AN ACT CONCERNING THE OFFICE OF THE CORRECTION OMBUDS, DISCLOSURE OF DISCIPLINARY MATTERS OR ALLEGED MISCONDUCT BY A DEPARTMENT OF CORRECTION EMPLOYEE, USE OF FORCE AND BODY CAMERAS IN CORRECTIONAL FACILITIES AND CRIMINAL HISTORY RECORDS.

(4)25-161 At5 the Correction Ombuds' request, the department shall, within the time specified by the Correction Ombuds, inform the Correction Ombuds of any16 actionSubstitute takenSenate onBill recommendationsNo. contained in a decision pursuant to subdivision (3) of this subsection or any reason for notcomplyingwithanysuchrecommendation.TheCorrectionOmbuds shall notify the incarcerated person whose complaint resulted in a decision containing such recommendation, of any action taken by the department in response to such recommendation, unless such action is confidential.

(f)(1)Alloralandwrittencommunications,1541 including,butnotlimitedCorrection to,Ombuds inshall responseconsult towith any survey, and records relating to such communications between a person in the custodydepartment of the Commissioner of Correction, or an employee ofor thea Departmentrepresentative of Correction, and the LCOemployee's 6bargaining ofunit, 15as Substituteapplicable. Bill No.

1541(4) CorrectionAt Ombuds or a member of the Office of the Correction OmbudsOmbuds' staff,request, including,the butdepartment notshall, limitedduring to,a theperiod identity of atime complainant,agreed theupon detailswith of the communications and the Correction Ombuds'Ombuds, findingsinform shall be confidential and shall not be disclosed without the consent of such person, except that the Correction Ombuds (A) may disclose without the consent of suchany personaction generaltaken findingson or policy recommendations basedcontained onin sucha communications,decision providedpursuant no individually identifiable information is disclosed, and (B) shall disclose to thesubdivision Commissioner(3) of Correctionthis anysubsection communicationor concerningany areason physicalfor threatnot madecomplying againstwith any such person'srecommendation. self, an incarcerated person or an employee of the Department of Correction.

The Correction Ombuds shall disclosenotify sufficientthe informationincarcerated toperson thewhose Commissionercomplaint ofresulted Correctionin ora thedecision commissioner'scontaining designeesuch asrecommendation, isof necessaryany toaction respondtaken toby the Correctiondepartment Ombuds'in inquiriesresponse or to carry out recommendations, but such informationrecommendation. may not be further disclosed outside of the Department of Correction.

For(f) All oral and written communications, including, but not limited to, in response to any survey, and records relating to such communications between a person in the purposescustody of thisthe section,Commissioner identicalof Correction, or blankan surveysemployee of the Department of Correction, and questionnairesthe receivedCorrection byOmbuds saidor officea 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 exempt from the Freedom ofInformationAct,asdefinedinsection1-200,andshallnotbedisclosed without the consent of such person, except that the Correction Ombuds (1) may disclose without the consent of such person general findings or policy recommendations based on such communications, provided no individually identifiable information is disclosed, [The Correction Ombuds shall disclose sufficient information to the Commissioner of Correction or the commissioner's designee as is necessary to respond to the Correction Ombuds' inquiries or to carry out recommendations, but such information may not be confidential.further disclosed outside of the Department of Correction] and (2) shall immediately disclose to the Commissioner of Correction any communication concerning a physical threat made against such person's self, a member of the public, an incarcerated person or an employee of the Department of Correction.

(2)Public AllAct processingNo. controls, allowances for limited free postage and advances of funds to persons who are incarcerated for postage shall apply to mail sent to the Office of the Correction Ombuds.

(g)25-161 Notwithstanding6 the provisions of subsection16 (f)Substitute ofSenate thisBill section,No. 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.

(h)1541 NotwithstandingFor anythe provisionpurposes of thethis generalsection, statutesidentical concerningor theblank confidentialitysurveys of records and information,questionnaires thereceived Correctionby Ombudssaid LCOoffice 7shall ofnot 15be Substituteconfidential. Bill No.

1541(g) shallNotwithstanding havethe accessprovisions to,of includingsubsection (f) of this section, whenever in the rightcourse toof inspectcarrying andout copy,the anyCorrection recordsOmbuds' necessaryduties, tothe carryCorrection outOmbuds or a member of the responsibilitiesOffice of the Correction Ombuds,Ombudsstaffbecomesawareofthecommissionorplannedcommission asof provideda criminal act or threat that the Correction Ombuds reasonably believes is likely to result in thisdeath section.or substantial bodily harm, the Correction Ombuds shall immediately 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.

(h) Notwithstanding any provision of the general statutes concerning the confidentiality of records and information, the Correction Ombuds shall have access to, including the right to inspect and copy, any records necessary to carry out the responsibilities of the Correction Ombuds, as provided in this section.

(i) The Correction OmbudsOmbuds, if a commissioner of the Superior Court, may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers and other documents and administer oaths to witnesses in any matter under investigation.

Any such subpoena shall be served uponuponthe the person to whom such subpoena is issued not later than fifteen days prior to the time specified in the subpoenaPublic forAct compliance.No.

Such25-161 person7 may, not later than fifteen days after service of such16 subpoena,Substitute orSenate onBill orNo. before the time specified in the subpoena for compliance, whichever is later, serve upon the Correction Ombuds written objection to the subpoena and file such objection in the superior court for the judicial district of Hartford, which shall adjudicate such objection in accordance with the rules of the court.

1541 subpoena for compliance.

Such person may, not later than fifteen days after service of such subpoena, or on or before the time specified in the subpoena for compliance, whichever is later, serve upon the Correction Ombuds written objection to the subpoena and file such objection in the superiorcourtforthejudicialdistrictofHartford,whichshalladjudicate such objection in accordance with the rules of the court.

(k) (1) The Correction Ombuds may holdconduct informal hearings in accordance with the provisions of chapter 54 and may LCOrequest 8that ofany 15person Substituteappear Billbefore No.the Correction Ombuds or at a hearing and give testimony or produce documentary or other evidence that the Correction Ombuds considers relevant to a matter under investigation.

1541 request that any person appear before the Correction Ombuds or at a hearing and give testimony or produce documentary or other evidence that the Correction Ombuds considers relevant to a matter under investigation.

(l)Any Theappearance Correctionof Ombudsa shallperson make available to persons who areis incarcerated confidentialshall meansoccur byat which to report concerns or otherwise submit complaints to the Correctionfacility Ombuds,where whichsuch mayperson include,is butincarcerated needat not be limited to (1) electronic means or a locked box, accessible only by the Correctiontime Ombuds and the employees of the Officehearing. of the Correction Ombuds, or (2) a hotline for persons who are incarcerated to communicate with said office.

(l) The Correction Ombuds shall make available to persons who are incarcerated confidential means by which to report concerns or otherwise submit complaints to the Correction Ombuds, which may Public Act No.

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1541 include, but need not be limited to (1) electronic means or a locked box, accessible only by the Correction Ombuds and the employees of the Office of the Correction Ombuds, and (2) a hotline for persons who are incarcerated to communicate with said office.

[(j)] (n) The Correction Ombuds may apply for and accept grants, LCOgifts 9and bequests of 15funds Substitutefrom Billother No.states, federal and interstate agencies, for the purpose of carrying out the Correction Ombuds' responsibilities.

1541 gifts and bequests of funds from other states, federal and interstate agencies, for the purpose of carrying out the Correction Ombuds' responsibilities.

[(k)] (o) 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 CorrectionOmbudsinPublic thecourseofaninvestigationandallconfidentialAct recordsNo. 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, or otherwise except as provided in subsections (f) and (g) of this section.

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1541 CorrectionOmbudsin thecourseofaninvestigationandallconfidential 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, or otherwise except as provided in subsections (f) and (g) of this section.

4.3.

(1) The clerks of the Senate, the clerks of the House of Representatives and the chairpersons of committees of the General Assembly or of either branch thereof, LCOduring 10its ofsession; 15 Substitute Bill No.

1541 during its session;

(5) commissioners appointed by governors of other states to take thePublic acknowledgmentAct ofNo. deeds, in the discharge of their official duty;

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1541 the acknowledgment of deeds, in the discharge of their official duty;

(14) judge advocates of the United States Army, Navy, Air Force, Marine Corps and Space Force, law specialists of the United States Coast Guard, adjutants, assistant adjutants, acting adjutants and personnel adjutants, commanding officers, executive officers and officers whose rank is lieutenant commander or major, or above, of the armed forces, as LCOdefined 11in ofsection 1527-103, Substituteto Billpersons No.servingwith or inthe armed forces, as defined in said section, or their spouses;

1541 defined in section 27-103, to persons servingwith or inthe armed forces, as defined in said section, or their spouses;

(16) bail commissioners, intake, assessment and referral specialists, family relations counselors, supportPublic enforcementAct officers,No. chief probation officers and supervisory judicial marshals employed by the Judicial Department in the performance of their assigned duties;

(17)25-161 juvenile11 matterof investigators16 employedSubstitute bySenate theDivisionofCriminalJusticeBill intheperformanceNo. oftheir assigned duties;

1541 support enforcement officers, chief probation officers and supervisory judicial marshals employed by the Judicial Department in the performance of their assigned duties;

(17) juvenile matter investigators employed by theDivisionofCriminalJustice inthe performance oftheir assigned duties;

5.4.

(NEW) (Effective from passage) (a) For any agreement or arbitration award approved before, on or after the effective date of this section, in accordance with the provisions of sections 5-270 to 5-280, inclusive, of the general statutes, on matters appropriate to collective bargaining, as defined in said sections, where any provision in such LCOagreement 12or award pertaining to the disclosure of 15disciplinary Substitutematters Billor alleged misconduct by a Department ofCorrectionemployee wouldprevent the disclosure of documents required to be disclosed under the provisions of the Freedom of Information Act, as defined in section 1-200 of the general statutes, the provisions of the Freedom of Information Act shall Public Act No.

154125-161 agreement12 or award pertaining to the disclosure of disciplinary16 mattersSubstitute orSenate allegedBill misconductNo. by a Department of Correction employee would prevent the disclosure of documents required to be disclosed under the provisions of the Freedom of Information Act, as defined in section 1- 200 of the general statutes, the provisions of the Freedom of Information Act shall prevail.

1541 prevail.

(b) No collective bargaining agreement or arbitration award entered into before, on or after the effective date of this section, by the state and any collective bargaining unit of the Department of Correction may prohibit the disclosure of any disciplinary action based on a violation of the administrative directives contained in the personnel file of an officer of said division.

6.5.

Such supervisor] warden of the facility where such use of force occurred, who shall immediately reportupon suchbeing useinformed ofofsuchuse forceofforce toreportsuchuse theofforce tothe [immediate supervisor of the correction officer who is LCOreported 13to have used such force] Commissioner of 15Correction Substituteand Billthe No.state police.

1541Any reportedcorrection officer required to havereport usedsuchanincident suchwho force]failsto Commissionerdo ofso Correctionmay andbe theprosecuted statePublic police.Act No.

Any25-161 correction13 officer required to report such an incident who fails to do so may be prosecuted and punished in accordance with the provisions of sections16 53a-165Substitute toSenate 53a-167,Bill inclusive.No.

(c)1541 Theand Departmentpunished ofin Correctionaccordance orwith anythe employeeprovisions of thesections department53a-165 shall not take any retaliatory personnel action or discriminate against a correction officer because such correction officer intervened in an incidentpursuanttosubsection(a)ofthissectionorreportedanincident pursuant to subsection53a-167, (b)inclusive. of this section.

(c) The Department of Correction or any employee of the department shall not take any retaliatory personnel action or discriminate against a correction officer because such correction officer intervened in an incidentpursuanttosubsection(a)ofthissection orreportedanincident pursuant to subsection (b) of this section.

or (B) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction.

Such plan shall include recommendations for any legislation necessary to implement such plan, the budgetary resources required for the implementation of such plan and the department's timeline for implementation of such plan.plan, if such budgetary resources are made Public Act No.

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1541 (f)available. For purposes of this section, "use of force" means the use of physical force or deadly physical force, as defined in section 53a-3, by a correctionofficer to compelcompliance by a personwho is incarcerated.

(f) For purposes of this section, "use of force" means the use of physical force or deadly physical force, as defined in section 53a-3, by a correctionofficer to compelcompliance by a personwho is incarcerated.

6.

(NEW) (Effective January 1, 2026) The Office of the Correction Ombuds, establishedpursuant to section18-81qqofthegeneralstatutes, as amended by this act, in consultation with the office of the Attorney General, shall publish on said offices' Internet web sites a list of the case captions and the names of the parties for each case filed on or after January 1, 2026, against the Department of Correction relating to excessive use of force or medical neglect that is defended by the Attorney General.

Sec.

(Effective fromJuly passage)1, The2025) OfficeNotwithstanding subparagraph (A) of thesubdivision Correction(1) Ombuds,of establishedsubsection pursuant(c) toof section 18-81qq29-11 of the general statutes, asfor amendedthe byfiscal thisyear act,ending inJune consultation30, with2026, the OfficeCommissioner of theEmergency AttorneyServices General,and Public Protection shall publishwaive ona saidcriminal offices'history Internetrecord webinformation sitessearch aor databasefingerprint thatsearch containsfee allfor casesany filedperson against(1) thewhose Departmentcriminal ofhistory Correctionrecord defendedinformation was required to be deemed erased by operation of law pursuant to the divisionprovisions of thesubsection office(e) of thesection Attorney54-142a Generalof concerningthe publicgeneral safetystatutes, duringand the(2) periodwho fromhas Januarydemonstrated 1,through 2000,evidence sufficient to the effectiveDepartment date of thissection.SaidofficesshallEmergency conductServices andpublishtheresultsoftargetedand auditsPublic ofProtection that such casesperson thatsubmitted wereand broughtpaid asfor medicala neglectprior casescriminal duringhistory therecord periodinformation fromsearch Januaryor 1,fingerprint 2019,search tothat theincluded effectiverecords datethat ofhave thisbeen section.deemed erased.

ThisThe actcommissioner shallmay takewaive effectfees aspursuant followsto andthis shallsection amendnot themore followingthan sections:two times per person.

Section 1 from passage 18-81jj(m) Sec.

28. from passage 18-81jj(o) Sec.

3Subsection from(g) passageof 18-81qqsection Sec.54-142t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, Public Act No.

425-161 from15 passageof 1-2416 Sec.Substitute Senate Bill No.

51541 from2025): passage New section Sec.

6(g) OctoberOn and after January 1, 20252024, 18-81nnif Sec.a person (1) believes any of such person's criminal history record informationwas required to be deemed erased by operation of law pursuant to the provisions of subsection (e) of section 54-142a, and (2) submits [a copy of such person's criminal history record information search demonstrating that such criminal history record information has not been marked as erased] an application to the Department of Emergency Services and Public Protection in a form and manner determined by the department, the department shall, following a contested hearing if the department determines relief cannot be immediately granted, make a determination on whether such criminal history information should be deemed erased by operation of law.

7If froma passagehearing Newis sectionheld, JUDthe Jointdepartment Favorableshall, Subst.not later than fifteen days prior to the hearing, provide the applicant with any criminal history record information to be considered by the department in adjudicating the application and issue a written notice of its determination not later than fifteen days following the hearing.

APPSuch Jointdetermination Favorableshall LCOconstitute 15a final decision for the purposes of 15the provisions of chapter 54.

Governor's Action:

Approved June 30, 2025 Public Act No.

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