SB 978 — AN ACT CONCERNING PAROLE OPPORTUNITIES FOR INDIVIDUALS SERVING LENGTHY SENTENCES FOR CRIMES COMMITTED BEFORE THE INDIVIDUAL TURNED TWENTY-ONE YEARS OF AGE.

Senate General Assembly RaisedFile Bill No.

978611 January Session, 2021 LCOSubstitute Senate Bill No.

4141978 ReferredSenate, toApril 26, 2021 The Committee on JUDICIARYJudiciary Introducedreportedthrough by:SEN.

(JUD)WINFIELD ANof ACTthe CONCERNING10th PAROLEDist., OPPORTUNITIESChairperson FORof INDIVIDUALSthe SERVINGCommittee LENGTHYon SENTENCESthe FORpart CRIMESof COMMITTEDthe BEFORESenate, THEthat INDIVIDUALthe TURNEDsubstitute TWENTY-FIVEbill YEARSought OFto AGE.pass.

AN ACT CONCERNING PAROLE OPPORTUNITIES FOR INDIVIDUALS SERVING LENGTHY SENTENCES FOR CRIMES COMMITTED BEFORE THE INDIVIDUAL TURNED TWENTY-ONE YEARS OF AGE.

(f) (1) Notwithstanding the provisions of subsections (a) to (e), inclusive, of this section, a person convicted of one or more crimes committed while such person was under (A)[eighteen] eighteentwenty-one years of age, who is incarcerated on or after October 1, 2015,[2015] and who received a definite sentence or total effective sentence of more than ten years for such crime or crimes prior to, on or after October 1, 2015, or (B) twenty-five years of age, who is incarcerated on or after October 1, 2021, and who received a definite sentence or total effective sentence of more than ten yearsyearsfor forsuchcrime such crime or crimescrimesprior priorto,onor to, on or after October 1, 2021,[2015]2021, may be 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 LCOconfined, provided (A) if such person is serving a sentence of sSB978 / File No.

4141611 1 ofsSB978 4File Raised Bill No.

978611 confined, provided [(A)] (i) 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)](B) (ii) if such person is serving a sentence of more than fifty years, such person shall be eligible for parole after serving thirty years.

(2) The board shall apply the parole eligibility rules of this subsection only with respect to the sentence for a crime or crimes committed while a person was under [eighteen] twenty-fivetwenty-one years of age.

Any portion of a sentence that is based on a crime or crimes committed while a person was [eighteen] twenty-fivetwenty-one 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, of this section.

The board shall use validated LCOrisk assessment and needs assessment tools and its risk-based sSB978 / File No.

4141611 2 ofsSB978 4File RaisedNo. Bill No.978 risk assessment and needs assessment tools and its risk-based structured decision making and release criteria established pursuant to subsection (d) of section 54-124a in making a determination pursuant to this subsection.

(4)After611 suchhearing,structured theboardmaydecision allowsuchpersontomaking goand 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] twenty-five years of age if the board finds that such parole release wouldcriteria beestablished consistentpursuant with the factors set forth in subdivisions (1) to (4), inclusive, of subsection (c)(d) of section 54-30054-124a andin ifmaking it appears, from all availableinformation,including,butnotlimitedto,anyreportsfromthe Commissioner of Correction, that (A) there is a reasonabledetermination probabilitypursuant that such person will live and remain at liberty without violating the law, (B) the benefits to suchthis personsubsection. 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 child or youth or young adult under twenty-five years of age in the adult correctional system, the opportunities for rehabilitation in the adult correctional system and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes.

(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] twenty-oneyearsofageiftheboardfindsthatsuchparolereleasewould 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 availableinformation,including,butnotlimitedto,anyreportsfromthe 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 child or youth or young adult under twenty-one years of age in the adult correctional system, the opportunities for rehabilitation in the adult correctional system and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes.

If the board determines that continued confinement is necessary, the board may reassess such LCOperson's suitability for a new parole hearing at a later date to be sSB978 / File No.

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978611 person's suitability for a new parole hearing at a later date to be determined at the discretion of the board, but not earlier than two years after the date of its decision.

Section 1 October 1, 2021 54-125a(f) StatementJUD ofJoint Purpose:Favorable Subst.

TosSB978 incentivize/ rehabilitationFile amongNo. incarcerated individuals and provide a second chance for those who were convicted and sentenced before twenty-five years of age.

[Proposed611 deletions4 aresSB978 enclosedFile inNo. brackets.

Proposed611 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof LCOfor No.any purpose.

4141In 4general, fiscal impacts are based upon a variety of 4informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Correction, Dept.

GF - Potential See Below See Below Savings Note:

GF=General Fund Municipal Impact:

None Explanation The bill makes increases parole opportunities for certain inmates resulting in a potential marginal savings to the Department of Correction (DOC) to the extent inmates are released sooner from DOC facilities as a result of the bill.

On average, the annual marginal savings to the state for releasing an offender is $2,200.

1 The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of inmates receiving parole.

Inmate marginal savings is based on decreased consumables (e.g.

food, clothing, water, sewage, living supplies, etc.).

This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility closed.

sSB978 / File No.

611 5 sSB978 File No.

611 OLR Bill Analysis sSB 978 AN ACT CONCERNING PAROLE OPPORTUNITIES FOR INDIVIDUALS SERVING LENGTHY SENTENCES FOR CRIMES COMMITTED BEFORE THE INDIVIDUAL TURNED TWENTY-ONE YEARS OF AGE.

SUMMARY This bill extends to certain 18-, 19-, and 20-year-old offenders alternative parole eligibility rules that currently apply to specific offenders age 17 or younger.

Under these alternative rules, the offenders are eligible for parole, at the discretion of the Board of Pardons and Paroles panel for the institution where he or she is confined, after serving:

1.

the greater of 12 years or 60% of a prison sentence that is up to 50 years (provided it is more than 10 years);