SB 1059 — AN ACT CONCERNING THE OFFICE OF THE CORRECTION OMBUDS, THE USE OF ISOLATED CONFINEMENT, SECLUSION AND RESTRAINTS, SOCIAL CONTACTS FOR INCARCERATED PERSONS AND TRAINING AND WORKERS' COMPENSATION BENEFITS FOR CORRECTION.

(12) "Neglect" means a negligent act or omission by any staff member orPublic volunteerAct whichNo. caused, or may have caused, injury or death to an incarcerated person;

21-110 9 of 27 Substitute Senate Bill No.

1059 or volunteer which caused, or may have caused, injury or death to an incarcerated person;

(17) "Seclusion" means involuntary confinement of an incarcerated person as a patient in a separate room, subject to close medical LCOsupervision {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059for the purpose of 31protecting R02-SB.docxthe }patient Substituteand Billothers No.from harm;

1059 supervision for the purpose of protecting the patient and others from harm;

(B) A significant breach of a department building or facility perimeter;Public Act No.

21-110 10 of 27 Substitute Senate Bill No.

1059 perimeter;

(K) Any incident requiring a unit to be placed on alert or mobilized LCOin {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0110response ofto 31an R02-SB.docxemergency }at Substitutea Billdepartment No.building or facility;

1059 in response to an emergency at a department building or facility;

(M) Use of a category 2 chemical agent at a department building or facility,ascategorizedinstandardsadoptedbythefederalOccupational SafetyPublic andAct HealthNo. Administration, for purposes other than those approved for building, facility or equipment maintenance;

21-110 11 of 27 Substitute Senate Bill No.

1059 Safety and Health Administration, for purposes other than those approved for building, facility or equipment maintenance;

(Q) A reported sexual abuse of an incarcerated person or a department employee or a person working under a contract or as a volunteer with the department committed on or by an incarcerated person or a staff member or a person working as a volunteer with the department,wherethereisimmediateevidenceorindicationthatsexualdepartment,wherethereisimmediateevidenceorindication thatsexual abuse has occurred;

[(2)] (20) "Restrictive housing status" means [the designation of an inmate by the Department of Correction that provides for closely LCOregulated {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0111management and separation of 31such R02-SB.docxinmate }from Substituteother Billinmates.] No.any classification that requires closely regulated management andseparationofanincarceratedpersonandincludes, but isnot limited to, following correctional statuses:

1059Administrative regulatedsegregation, managementpunitive andsegregation, separationtransfer ofdetention, suchadministrative inmatedetention, fromsecurity otherrisk inmates.]Public anyAct classificationNo. that requires closely regulated management andseparationofanincarceratedpersonandincludes, but isnot limited to, following correctional statuses:

Administrative21-110 segregation,12 punitiveof segregation,27 transferSubstitute detention,Senate administrativeBill detention,No. security risk group, chronic discipline, special needs and protective custody;

1059 group, chronic discipline, special needs and protective custody;

(b) (1) EachOn and after July 1, 2022, each incarcerated person shall have the opportunity to be outside of his or her cell for at least eightsix and one- half hours each day, except for those incarcerated persons on restrictive housing status, or as otherwise provided in the case of an incarcerated person held in seclusion pursuant to subsection (d) of this section or except as provided in subdivision (2)(4) of this subsection or in response to (A) a serious incident resulting in a correctional facility-wide lockdown,lockdown; (B) a substantiated threat of imminent physical harm to another person as evidenced by recent LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0112 of 31 R02-SB.docx } Substitute Bill No.

1059(B) a substantiated threat of imminent physical harm to another person as evidenced by recent conduct;

(2)Public PriorAct toNo. holding any incarcerated person in isolated confinement due to one of the situations described in subparagraph (A), (B) or (C) of subdivision (1) of this subsection, (A) a physician shall personally conduct a physical examinationanda therapist shall personally conduct a mental health evaluation to determine whether such person is a member of a vulnerable population, and (B) the department shall attempt to defuse the instant situation by using de-escalation methods and less restrictive measures.

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1059 (2) On and after July 1, 2023, each incarcerated person shall have the opportunity to be outside of his or her cell for at least six and one-half hours each day, including those incarcerated persons on restrictive housing status, except in the case of an incarcerated person held in seclusionpursuant to subsection(d)ofthissectionor except asprovided in subdivision (4) of this subsection or in response to (A) a serious incident resulting in a correctional facility-wide lockdown;

(B) a substantiated threat of imminent physical harm to another person as evidenced by recent conduct;

or (C) an incarcerated person's request for segregation for such person's protection.

(3) Prior to holding any incarcerated person in isolated confinement due to one of the situations described in subparagraph (A), (B) or (C) of subdivision (1) of this subsection, the department shall attempt to defuse the instant situation by using de-escalation methods and less restrictive measures.

(3)(4) If holding an incarcerated person in isolated confinement, the department shall:

(A) EnsureNot continuouslater monitoringthan totwenty-four ensurehours after initiating the person'sprocess safetyof holding such person in isolated confinement, ensure a physician personally conducts a physical examination and well-being;a therapist personally conducts a mental health evaluation of such person to determine whether such person is a member of a vulnerable population;

(B) Ensure thatcontinuous anymonitoring person held in isolated confinement shall have sufficient and regular access to aensure toilet,the water,person's food,safety light, air and heat;well-being;

(C) ContinueEnsure de-escalationthat efforts;any person held in isolated confinement shall have sufficient and regular access to a toilet, water, food, light, air and heat;

and (D) EndContinue isolatedde-escalation confinementefforts; of the person as soon as the threat of the serious incident or of imminent physical harm to others has passed or such person no longer requests segregation for such person's protection.

(4)and ThePublic departmentAct shall not subject any incarcerated person to isolated confinement (A) because of the incarcerated person's race, creed, color, national origin, nationality, ancestry, age, marital status, domestic partnership or civil union status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding status, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait, or (B) for any continuous period longer than seventy-two LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0113 of 31 R02-SB.docx } Substitute Bill No.

105921-110 hours,14 orof for27 moreSubstitute thanSenate seventy-twoBill hoursNo. during any fourteen-day period.

(5)1059 No(E) staffEnd memberisolated withconfinement aof rankthe lowerperson thanassoon captainas maythe orderthreat anof incarceratedthe personserious incident or of imminent physical harm to beothers heldhas inpassed isolatedor confinement.such person no longer requests segregation for such person's protection.

(5) The department shall not subject any incarcerated person to isolated confinement (A) because of the incarcerated person's race, creed, color, national origin, nationality, ancestry, age, marital status, domestic partnership or civil union status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding status, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait, or (B) for any continuous period longer than seventy-two hours, or for more than seventy-two hours during any fourteen-day period.

(6) No staff member with a rank lower than captain may order an incarcerated person to be held in isolated confinement.

If there is no staff member on duty during a period of time at a facility with the rank of captain or higher, the warden of such facility may authorize an officer who has the highest rank of those on duty during such period of time to have the ability to order an incarcerated person to be held in isolated confinement for an initial period of not more than eight hours.

(c) (1) The department shall not subject an incarcerated person to the use of (A) life-threatening restraints, (B) pharmacological restraints, exceptPublic asAct providedNo. in subsection (d) of this section, or (C) physical restraints except as provided in subsection (d) of this section or subdivisions (2) and (3) of this subsection for the purpose of (i) transporting the incarcerated person between units or outside the correctional facility, or (ii) responding to a substantiated threat of imminent physical harm to another person as evidenced by recent conduct.

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1059 except as provided in subsection (d) of this section, or (C) physical restraints except as provided in subsection (d) of this section or subdivisions (2) and (3) of this subsection for the purpose of (i) transporting the incarcerated person between units or outside the correctional facility, or (ii) responding to a substantiated threat of imminent physical harm to another person as evidenced by recent conduct.

(3) If subjecting an incarcerated person to physical restraints LCOpursuant {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0114to clause (ii) of 31subparagraph R02-SB.docx(C) }of Substitutesubdivision Bill(1) No.of this subsection, the department shall:

1059 pursuant to clause (ii) of subparagraph (C) of subdivision (1) of this subsection, the department shall:

and (D) End the use of physical restraints on the incarcerated person as soonPublic asAct theNo. threat of the serious incident or imminent physical harm to others has passed.

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1059 soon as the threat of the serious incident or imminent physical harm to others has passed.

LCO(2) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0115If ofsubjecting 31an R02-SB.docxincarcerated }person Substituteto Billseclusion No.or restraints in response to a psychiatric emergency pursuant to this subsection, the department shall:

1059 (2) If subjecting an incarcerated person to seclusion or restraints in response to a psychiatric emergency pursuant to this subsection, the department shall:

(C) Ensure that no (i) soft restraints be employed if pharmacological restraints have already been administered and have alleviated the risk of a serious incident or imminent physical harm, and (ii) pharmacological restraints may be administered if soft restraints have alreadyPublic beenAct employedNo. and have alleviated such risk;

21-110 17 of 27 Substitute Senate Bill No.

1059 already been employed and have alleviated such risk;

A therapist may only order an incarcerated person to be subjected for an additional period of LCOrestraint {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0105916that is not longer than two hours if such therapist, after an in- person evaluation, determines that restraints remain necessary to prevent a substantiated threat of 31imminent R02-SB.docxphysical }harm Substituteby Billan No.incarcerated person to himself or herself or others due to an acute disturbance of behavior, thought or mood.

1059 restraint that is not longer than two hours if such therapist, after an in- person evaluation, determines that restraints remain necessary to prevent a substantiated threat of imminent physical harm by an incarcerated person to himself or herself or others due to an acute disturbance of behavior, thought or mood.

The department shall inform each incarcerated person of their restraint or seclusion status and shall maintainPublic suchAct person'sNo. restraint or seclusion status in a place easily visible to staff members in the event that an emergency response is necessary.

(e)21-110 (1)18 Anyof time27 theSubstitute departmentSenate restrainsBill orNo. confines a person pursuant to subsection(b),(c)or (d)ofthissection,thedepartment shall:

1059 maintain such person's restraint or seclusion status in a place easily visible to staff members in the event that an emergency response is necessary.

(e) (1) Any time the department restrains or confines a person pursuant to subsection(b),(c)or (d)of thissection,thedepartment shall:

LCO[(c)] {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0117(g) The Department of 31Correction R02-SB.docxshall }at Substituteleast Billannually No.submit to the Criminal Justice Policy and Planning Division established under section 4-68m a report containing as [aggregated] disaggregated and anonymized the following data:

1059(1)The [(c)]number (g) The Department of Correction[inmatesonrestrictive shallhousing atstatus]incarcerated leastpersons annuallyin submitisolated toconfinement thein Criminalthis Justicestate's Policycorrectional andfacilities, Planningas Divisionof establishedthe underfirst sectionday 4-68mof aeach reportof containingthe astwelve [aggregated]months disaggregatedpreceding andthe anonymizeddate of the followingPublic data:Act No.

(1)The21-110 number19 of [inmatesonrestrictive27 housingSubstitute status]incarceratedSenate personsBill inNo. 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 [.

1059 submission of the report [.

LCO(I) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0118One ofthousand 31eight R02-SB.docxhundred }twenty-six Substituteto Billtwo No.thousand one hundred ninety days;

1059 (I) One thousand eight hundred twenty-six to two thousand one hundred ninety days;

(K) Two thousand five hundred fifty-six to two thousand nine hundredPublic twentyAct days;No.

21-110 20 of 27 Substitute Senate Bill No.

1059 hundred twenty days;

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 restricted housing in which such inmate is held;]held; (2) A list of unique individuals in the custody of the department in the twelve months preceding the date of the submission of the report subjected to any form of isolated confinement.

and] (2) A list of unique individuals in the custody of the department in the twelve months preceding the date of the submission of the report subjected to any form of isolated confinement.

(3) A list of unique individuals in the custody of the department in the twelve months preceding the date of the submission of the report LCOsubjected {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0119to ofrestraints. 31 R02-SB.docx } Substitute Bill No.

1059 subjected to restraints.

(4)Public TheAct numberNo. of incidents, broken down by correctional facility, for each of the following in the previous calendar year and categorized as:

21-110 21 of 27 Substitute Senate Bill No.

1059 (4) The number of incidents, broken down by correctional facility, for each of the following in the previous calendar year and categorized as:

and (F) Assaults between incarcerated persons.persons;

LCO[(d)] {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0120(h) ofThe 31department R02-SB.docxshall }not Substitutehold Billany No.person under eighteen years of age on administrative segregation status.

1059[(e)] [(d)](i) (h)Not Thelater departmentthan shallJanuary not1, hold[2019] any2021, personthe underCommissioner eighteen years of agePublic onAct administrativeNo. segregation status.

[(e)]21-110 (i)22 Not later than January 1, [2019] 2021, the Commissioner of Correction27 shallSubstitute studySenate andBill submitNo. a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to [the judiciary] corrections regarding the use and oversight of all forms and phases of housing for inmates on restrictive housing status.

1059 Correction shall study and submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to [the judiciary] corrections regarding the use and oversight of all forms and phases of housing for inmates on restrictive housing status.

[and] (6) The recognition of and techniques for mitigating trauma and vicarious trauma;

[(h)] (l) Within available appropriations, the Department of LCOCorrection {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0121shall take measures to promote the wellness of 31employees R02-SB.docxof }the Substitutedepartment Billwho No.interact with inmates.

1059These Correction shall take measures tomay promotePublic theAct wellnessNo. of employees of the department who interact with inmates.

These21-110 measures23 mayof include,27 butSubstitute needSenate notBill beNo. limited to:

1059 include, but need not be limited to:

and (D) ProvideProvidethat that no incarceratedincarceratedperson,except persononewho has a history of contraband violations, may be deprived of a contact social visit under this subsection without first having a hearing at which the Department of Correction shall bear the burden of showing by clear and convincing evidence that the denial of contact social visits is necessary (i) to protect against a substantiated threat of imminent physical harm todepartmentemployees,thevisitororanotherperson;or(ii)topreventto department employees, the introductionvisitor ofor contraband.another person;

LCOor {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0122(ii) ofto 31prevent R02-SB.docxthe }Public SubstituteAct Bill No.

105921-110 (2)24 The department may not deprive an incarcerated person of contact27 socialSubstitute visitsSenate providedBill forNo. in this subsection for a period in excess of ninety days.

1059 introduction of contraband.

If the department fails to make such showing, the incarcerated person shall have such contact social visits reinstated.

Any such incarcerated person who has a history of contraband violations may be deprived of contact social visits without first having a hearing, provided such person may request a hearing to have such contact social visits reinstated.

Hearings conducted pursuant to this subparagraph shall be guided by written procedures developed under section 5 of this act.

Any incarcerated person who has a social contact visit denied pursuant to this section shall have an opportunity for a social visit not involving contact in the place of such social contact visit.

(2) The department may not deprive an incarcerated person of contact social visits provided for in this subsection for a period in excess of ninety days.

(A) Provide that each incarcerated person may write, send and receive letters, withoutlimitationonthenumber ofany suchletterssuch incarceratedPublic personAct receives,No. or writes and sends at his or her own personal expense, and (B) Prohibit unnecessary delays in the processing of incoming and outgoing mail to or from an incarcerated person.

21-110 25 of 27 Substitute Senate Bill No.

1059 incarcerated person receives, or writes and sends at his or her own personal expense, and (B) Prohibit unnecessary delays in the processing of incoming and outgoing mail to or from an incarcerated person.

(3) The department shallmay providenot eachdeprive an incarcerated person the followingability itemsto freewrite, send or receive letters provided for in this subsection as a matter of charge:discipline, retaliation or convenience.

(A) Materials and postage needed to send two social letters per week;

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0123 of 31 R02-SB.docx } Substitute Bill No.

1059 (B) A writing instrument;

and (C) At least twenty sheets of writing paper, per month, and eight letter-size envelopes with postage for eight letters per month, for purposes including, but not limited to, social letters.

Additional sheets of paper for letters to the court or attorneys may be authorized upon reasonable requests that demonstrate the need for such items by the incarcerated person.

(4) The department may not deprive an incarcerated person the ability to write, send or receive letters provided for in this subsection as a matter of discipline, retaliation or convenience.

(c)(1)The commissioner shallestablishpoliciesconcerning telephone calls to and from incarcerated persons.

Such policies shall:

(A) Ensure incarcerated persons may make or receive at least two social phone calls per week;

(B) Ensure incarcerated persons may make telephone calls that last in total time up to sixty minutes free of charge for social telephone calls;

and (C) Prohibit the department from depriving an incarcerated person of telephone calls as provided for in this subsection as a matter of discipline, retaliation or convenience.

Subdivision(Effective (16)from ofpassage) section(a) 31-275The Commissioner of Correction may, not later than July 1, 2023, develop a plan to govern how each incarcerated person on restrictive housing status shall have the generalopportunity statutesto isbe repealedoutside andthefollowingof issubstitutedhis inlieuthereof(EffectiveOctoberor 1,her 2021):cell for at least six and one-half hourseachday,exceptasotherwiseprovidedinsubsection(b)ofsection 18-96b of the general statutes, as amended by this act.

(16)Regardless (A)of "Personalwhether injury"such orplan "injury"is includes,developed, ineach additionsuch toincarcerated accidentalperson injuryshall thathave may be definitely located as to the timeopportunity when and the place where the accident occurred, an injury to anbe employeeoutside thatof ishis causallyor connectedher withcell thefor employee'sat employmentleast six and isone-half thehours directeach resultday, ofas repetitiveprovided traumain orsaid repetitivesubsection acts(b). incident to such employment, and occupational disease.

LCO(b) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0124Not later than two weeks after any plan is developed pursuant to subsection (a) of 31this R02-SB.docxsection, }the Substitutecommissioner Billshall No.report such plan in accordance with the provisions of section 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.

1059 (B) "Personal injury" or "injury" shall not be construed to include:

(i) An injury to an employee that results from the employee's voluntary participation in any activity the major purpose of which is social or recreational, including, but not limited to, athletic events, parties and picnics, whether or not the employer pays some or all of the cost of such activity;

(ii) A mental or emotional impairment, unless such impairment (I) arises from a physical injury or occupational disease, (II) in the case of a police officer of the Division of State Police within the Department of Emergency Services and Public Protection, an organized local police department or a municipal constabulary, or a correction officer employed by the Department of Correction, arises from such [police] officer's use of deadly force or subjection to deadly force in the line of duty, regardless of whether such [police] officer is physically injured, provided such [police] officer is the subject of an attempt by another person to cause such [police] officer serious physical injury or death through the use of deadly force, and such [police] officer reasonably believes such [police] officer to be the subject of such an attempt, or (III) in the case of a police officer, parole officer, correction officer or firefighter, is a diagnosis of post-traumatic stress disorder as defined in section 31-294k, as amended by this act, that meets all the requirements of section 31-294k, as amended by this act.

As used in this clause, "in the line of duty" means any action that a police officer or correction officer is obligated or authorized by law, rule, regulation or written condition of employment service to perform, or for which the police officer, correction officer or firefighter is compensated by the public entity such officer serves;

(iii) A mental or emotional impairment that results from a personnel action, including, but not limited to, a transfer, promotion, demotion or termination;

or (iv) Notwithstanding the provisions of subparagraph (B)(i) of this subdivision, "personal injury" or "injury" includes injuries to employees LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0125 of 31 R02-SB.docx } Substitute Bill No.

1059 of local or regional boards of education resulting from participation in a school-sponsored activity but does not include any injury incurred while going to or from such activity.

As used in this clause, "school- sponsored activity" means any activity sponsored, recognized or authorized by a boardof education and includes activities conducted on or off school property and "participation" means acting as a chaperone, advisor, supervisor or instructor at the request of an administrator with supervisory authority over the employee.

Section(Effective 31-294kfrom ofpassage) theNot generallater statutesthan isSeptember repealed30, and2021, the followingCommissioner isof substitutedCorrection inshall lieudevelop thereofwritten (Effectiveprocedures Octoberfor 1,hearings 2021):conducted pursuant to section 18-81gg of the general statutes, as amended by this act.

(a)Such Asprocedures usedshall inguide thissuch section:hearings on and after October 1, 2021.

(1)Not "Correctionlater officer"than meansOctober a1, correction2021, officer employed by the DepartmentPublic ofAct Correction;No.

[(1)]21-110 (2)26 "Firefighter"of has27 theSubstitute sameSenate meaningBill asNo. provided in section 7- 313g;

[(2)]1059 (3)commissioner "Inshall thereport linesuch ofprocedures duty"in meansaccordance anywith actionthe thatprovisions aof policesection officer,11-4a parole officer, correction officer or firefighter is obligated or authorized by law, rule, regulation or written condition of employmentthe servicegeneral statutes to perform, or for which the officerjoint orstanding firefightercommittee isof compensated by the publicGeneral entityAssembly suchhaving officercognizance orof firefightermatters serves,relating exceptto that, in the caseDepartment of aCorrection. volunteer firefighter, such action or service constitutes fire duties, as defined in subsection (b) of section 7-314b;

[(3)]Vetoed (4)June "Mental30, health2021 professional"Public meansAct aNo. board-certified psychiatrist or a psychologist licensed pursuant to chapter 383, who has experience diagnosing and treating post-traumatic stress disorder;

[(4)]21-110 (5)27 "Parole officer" means an employee of the27 Department of Correction who supervises inmates in the community after their release from prison on parole or under another prison release program;

[(5)] (6) "Police officer" has the same meaning as provided in section LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010526 of 31 R02-SB.docx } Substitute Bill No.

1059 7-294a, except that "police officer" does not include an officer of a law enforcement unit of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut;

[(6)] (7) "Post-traumatic stress disorder" means a disorder that meets the diagnostic criteria for post-traumatic stress disorder as specified in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";

and [(7)] (8) "Qualifying event" means an event occurring in the line of duty on or after July 1, 2019, in which a police officer, parole officer, correction officer or firefighter:

(A) Views a deceased minor;

(B) Witnesses the death of a person or an incident involving the death of a person;

(C) Witnesses an injury to a person who subsequently dies before or upon admission at a hospital as a result of the injury and not as a result of any other intervening cause;

(D) Has physical contact with and treats an injured person who subsequently dies before or upon admission at a hospital as a result of the injury and not as a result of any other intervening cause;

(E) Carries an injured person who subsequently dies before or upon admission at a hospital as a result of the injury and not as a result of any other intervening cause;

or (F) Witnesses a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim.

(b) A diagnosis of post-traumatic stress disorder is compensable as a personal injury as described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, if a mental health LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010527 of 31 R02-SB.docx } Substitute Bill No.

1059 professional examines a police officer, parole officer, correction officer or firefighter and diagnoses the officer or firefighter with post-traumatic stress disorder as a direct result of a qualifying event, provided (1) the post-traumatic stress disorder resulted from the officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with Federal Occupational Safety and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, (2) a qualifying event was a substantial factor in causing the disorder, (3) such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder, and (4) the post- traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action of the officer or firefighter.

Any such mental health professional shall comply with any workers' compensation guidelines for approved medical providers, including, but not limited to, guidelines on release of past or contemporaneous medical records.

(c) Whenever liability to pay compensation is contested by the employer, the employer shall file with the commissioner, on or before the twenty-eighth day after the employer has received a written notice of claim, a notice in accordance with a form prescribed by the chairperson of the Workers' Compensation Commission stating that the right to compensation is contested, the name of the claimant, the name of the employer, the date of the alleged injury and the specific grounds on which the right to compensation is contested.

The employer shall send a copy of the notice to the employee in accordance with section 31- 321.

If the employer or the employer's legal representative fails to file the notice contesting liability on or before the twenty-eighth day after receiving the written notice of claim, the employer shall commence payment ofcompensationfor suchinjury onor before thetwenty-eighth day after receiving the written notice of claim, but the employer may contest the employee's right to receive compensation on any grounds or the extent of the employee's disability within one hundred eighty days from the receipt of the written notice of claim and any benefits paid during the one hundred eighty days shall be considered payments LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0128 of 31 R02-SB.docx } Substitute Bill No.

1059 without prejudice, provided the employer shall not be required to commence payment of compensation when the written notice of claim has not been properly served in accordance with section 31-321 or when the written notice of claim fails to include a warning that the employer (1) if the employer has commenced payment for the alleged injury on or before the twenty-eighth day after receiving a written notice of claim, shall be precluded from contesting liability unless a notice contesting liability is filed within one hundred eighty days from the receipt of the written notice of claim, and (2) shall be conclusively presumed to have accepted the compensability of the alleged injury unless the employer either files a notice contesting liability on or before the twenty-eighth day after receiving a written notice of claim or commences payment for the alleged injury on or before such twenty-eighth day.

An employer shall be entitled, if the employer prevails, to reimbursement from the claimant of any compensation paid by the employer on and after the date the commissioner receives written notice from the employer or the employer's legal representative, in accordance with the form prescribed by the chairperson of the Workers' Compensation Commission, stating that the right to compensation is contested.

Notwithstanding the provisions of this subsection, an employer who fails to contest liability for an alleged injury on or before the twenty-eighth day after receiving a written notice of claim and who fails to commence payment for the allegedinjuryonorbeforesuchtwenty-eighthday,shallbeconclusively presumed to have accepted the compensability of the alleged injury.

If an employer has opted to post an address of where notice of a claim for compensation by an employee shall be sent, as described in subsection (a) of section 31-294c, the twenty-eight-day period set forth in this subsection shall begin on the date when such employer receives written notice of a claim for compensation at such posted address.

(d) Notwithstanding any provision of this chapter, workers' compensation benefits for any police officer, parole officer, correction officer or firefighter for a personal injury described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, shall (1) include any combination of medical treatment prescribed by a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0129 of 31 R02-SB.docx } Substitute Bill No.

1059 board-certified psychiatrist or a licensed psychologist, temporary total incapacity benefits under section 31-307 and temporary partial incapacity benefits under subsection (a) of section 31-308, and (2) be provided for a maximum of fifty-two weeks from the date of diagnosis.

No medical treatment, temporary totalincapacity benefits under section 31-307 or temporary partial incapacity benefits under subsection (a) of section 31-308 shall be awarded beyond four years from the date of the qualifying event that formed the basis for the personal injury.

The weekly benefitsreceivedby anofficer or afirefighter pursuant to section 31-307 or subsection (a) of section 31-308, when combined with other benefits including, but not limited to, contributory and noncontributory retirement benefits, Social Security benefits, benefits under a long-term or short-term disability plan, but not including payments for medical care, shall not exceed the average weekly wage paid to such officer or firefighter.

An officer or firefighter receiving benefits pursuant to this subsection shall not be entitled to benefits pursuant to subsection (b) of section 31-308 or section 31-308a.

Sec.

6.

Section 31-294h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

Notwithstanding any provision of this chapter, workers' compensation benefits for any correction officer or police officer, as described in subparagraph (B)(ii)(II) of subdivision (16) of section 31- 275, as amended by this act, who suffers a mental or emotional impairment arising from such [police] officer's use of deadly force or subjection to deadly force in the line of duty, shall be limited to treatment by a psychologist or a psychiatrist who is on the approved list of practicing physicians established by the chairperson of the Workers' Compensation Commission pursuant to section 31-280.

Sec.

7.

Section 7-294ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

(a) Not later than January 1, [2020] 2022, the Police Officer Standards and Training Council, established under section 7-294b, the Department LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010530 of 31 R02-SB.docx } Substitute Bill No.

1059 of Correction and the Commission on Fire Prevention and Control shall develop and promulgate a model critical incident and peer support policy to support the mental health care and wellness of police officers, as defined in section 7-294a, parole officers, as defined in section 31- 294k, as amended by this act, correction officers employed by the Department ofCorrection andfirefighters,as definedin section31-294k, as amended by this act.

(b) Not later than July 1, [2020] 2022, each law enforcement unit as defined in section 7-294a, the Department of Correction as employer of parole officers and correction officers, each municipal or state paid or volunteer fire department and each municipal entity employing a fire marshal, deputy fire marshal, fire investigator, fire inspector or other class of investigator or inspector for whom the State Fire Marshal and the Codes and Standards Committee, acting jointly, have adopted minimum standards of qualification pursuant to section 29-298, shall (1) adopt and maintain a written policy that meets or exceeds the standards of the model policy developed pursuant to subsection (a) of this section;

(2) make peer support available to such officers and firefighters;

and (3) refer an officer or firefighter, as appropriate, seeking mental health care services to a mental health professional, as defined in section 31-294k, as amended by this act.

Sec.

8.

Section 18-82a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

In consultation with the Department of Mental Health and Addiction Services, the Department of Correction shall provide resilience and self- care technique training for each parole officer, as defined in section 31- 294k, as amended by this act, hired on or after January 1, 2020, and each correction officer hired on or after January 1, 2022.

This act shall take effect as follows and shall amend the following sections:

Section 1 October 1, 2021 18-81jj LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059-31 of 32 R02-SB.docx } Substitute Bill No.

1059 Sec.

2 July 1, 2022 18-96b Sec.

3 October 1, 2021 18-81gg Sec.

4 October 1, 2021 31-275(16) Sec.

5 October 1, 2021 31-294k Sec.

6 October 1, 2021 31-294h Sec.

7 October 1, 2021 7-294ff October 1, 2021 Sec.

8 18-82a JUD Joint Favorable Subst.

APP Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01059- 32 of 32 R02-SB.docx }