SB 1058 — AN ACT CONCERNING COMPASSIONATE OR MEDICAL PAROLE RELEASE BY THE BOARD OF PARDONS AND PAROLES AND CONCERNING STAFF OF THE DEPARTMENT OF CORRECTION.

(a) The Board of Pardons and Paroles may grant a compassionate parole release to any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012, if [it] the panel finds that such inmate (1) is so physically or mentally debilitated, incapacitated or infirm as a result of advanced age or as a result of a condition, disease or syndrome that is not terminal as to [be physically incapable of presenting a] present a significantly reduced risk of danger to society, and (2) (A) has served not less than one-half of such inmate's definite or aggregate sentence, or (B) has served not less than one-half of such inmate's remaining definite or aggregate sentence after commutation of the original sentence by the Board of Pardons and Paroles.

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615 (b) (1) During a major disaster or an emergency declaration by the President of the United States covering any part of the state, or an emergency declaration issued by the Governor, that shall include, but neednot belimited to, thosedeclarationsissuedconcerning theCOVID- 19 pandemic, any other disease epidemic or public health emergency or anaturaldisaster,apaneloftheBoardofPardonsandParolesmaygrant a compassionate parole release to any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012, at any time during the term of such inmate's sentence, if the panel finds circumstances exist which pose a higher risk of harm to such inmate should he or she remain confined.

(2) For purposes of this subsection, "COVID-19" means the respiratory disease designated by the World Health Organization on February11,2020,ascoronavirus2019,andanyrelatedmutationthereof recognized by said organization as a communicable respiratory disease.

[(b)] (c) Any person granted a compassionate parole release pursuant to this section shall be released subject to such terms and conditions as may be established by the Board of Pardons and Paroles and [shall be supervised by the Department of Correction] the rules and regulations established pursuant to section 54-126.

(d) The chairperson of the Board of Pardons and Paroles may appoint a special panel to implement the provisions of this section and review and decide requests for compassionate parole under this section on an emergency basis, and in all cases shall act in as expeditious a manner as possible.

(e) The provisions of this section shall not affect an inmate's eligibility for any other form of parole or release provided by law.

Sec.

8.

(a)sSB1058 Any/ correctionFile officer who witnesses another correction officer use what the witnessing correction officer objectively knows to be excessive or illegal use of force shall intervene and attempt to stop such LCO No.

5235615 25 ofsSB1058 4File Raised Bill No.

1058615 (a) Any correction officer who witnesses another correction officer use what the witnessing correction officer objectively knows to be excessive or illegal use of force shall intervene and attempt to stop such other correction officer from using such force.

Section 1 October 1, 2021 54-131k54-124a(e) and (f) Sec.

2 fromOctober passage1, 18-81nn2021 Statement54-127 ofSec. Purpose:

To3 modifyOctober standards1, used2021 by54-127a theSec. Board of Pardons and Paroles to determine when an inmate may be eligible for compassionate parole releaseandto clarify that whistle blower protectionsapply to staff of the LCO No.

52354 3October of1, 42021 Raised54-128(a) BillSec. No.

10585 DepartmentOctober of1, Correction2021 who54-131a reportsSB1058 suspected/ unlawfulFile usesNo. of force by other staff members.

[Proposed615 deletions6 aresSB1058 enclosedFile inNo. brackets.

Proposed615 additionsSec. are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

52356 4October of1, 42021 54-131b Sec.

7 October 1, 2021 54-131k Sec.

8 from passage 18-81nn Statement of Legislative Commissioners:

In Section 1(e)(1), the new language was moved for clarity, and in Section 7, Subsecs.

(b) and (c) were made Subsecs.

(b)(1) and (2) and the remaining Subsecs.

were renumbered and the notwithstanding language was deleted for accuracy and to conform with standard drafting conventions.

JUD Joint Favorable Subst.

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615 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

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

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

OFA Fiscal Note State Impact:

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

GF - Potential See Below See Below Savings Note:

GF=General Fund Municipal Impact:

None Explanation The bill makes various changes regarding compassionate or medical parole 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 compassionate or medical 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.

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615 OLR Bill Analysis sSB 1058 AN ACT CONCERNING COMPASSIONATE OR MEDICAL PAROLE RELEASE BY THE BOARD OF PARDONS AND PAROLES AND CONCERNING STAFF OF THE DEPARTMENT OF CORRECTION.

SUMMARY This bill expands the instances where compassionate parole may be granted by (1) lowering the danger to society threshold for certain inmates’ conditions for release and (2) generally allowing these releases during an emergency declaration or major disaster, including the COVID-19 pandemic.

These emergency declaration releases may be at any time during the inmate’s sentence if circumstances exist that pose a higher risk of harm to the inmate if he or she remains confined.

The bill establishes a panel to determine medical or compassionate parole, rather than the full Board of Pardons and Parole determining these paroles as under current law.

It also makes various minor and conforming changes to the medical and compassionate parole statutes.

Additionally, the bill extends a state whistleblower law to protect Department of Correction (DOC) officers who intervene or report other officer’s use of unreasonable, excessive, or illegal force from retaliation.

EFFECTIVE DATE:

October 1, 2021, except the whistleblower provision is effective upon passage.

§§ 1-6 — MEDICAL AND COMPASSIONATE PAROLE The bill specifically provides the Board of Pardons and Paroles the independent decision-making authority to grant medical parole or compassionate parole;

establish their conditions;

and rescind, revoke, or discharge anyone under these paroles.

The bill incorporates medical and compassionate parole into the sSB1058 / File No.

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615 following procedures in current law for parole:

1.

upon the request of certain individuals (e.g., DOC commissioner) authorized to serve criminal process to return a person to custody, having a law enforcement official arrest and hold the person without written warrant (CGS § 54-127);

2.

a parolee having his or her parole revoked or rescinded after a hearing when a board employee recommends it and at least two members of a board panel approve it (CGS § 54-127a);

and 3.

inmates returned to any DOC institutionfor violating parole may generally be retained in a correctional institution for the unexpired portion of the inmate’s sentence with certain possible deductions (CGS § 54-128).

Medical and Compassionate Parole Release Panel (§§ 1 & 5-7) Under current law, the Board of Pardons and Parole may determine when and under what conditions an inmate serving an imprisonment sentence may be released on medical or compassionate parole.

The bill instead creates a release panel to make these decisions.

As under existing law for other parole panels, the release panel is composed of three members, one of whom serves as chairperson or a full-time member designated by them to chair temporarily.

As under current law for the board, the release panel may release any inmate on medical or compassionate parole except inmates convicted of a capital felony before April 25, 2012, or murder with special circumstances on or after April 25, 2012.

§ 7 — COMPASSIONATE PAROLE The bill lowers the danger to society threshold for certain inmates’ conditions for them to be released under a compassionate parole.

Under current law, the board can grant compassionate parole release to an inmate if he or she is so physically or mentally debilitated, incapacitated, or infirm due to advanced age or a non-terminal sSB1058 / File No.

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615 condition, disease, or syndrome, as to be physically incapable of presenting a danger to society.

Under the bill, the inmate must instead present a significantly reduced risk of danger to society rather than being physically incapable of presenting a danger to society.

As under existing law, an inmate must also have served at least half oftheir sentence, or halfafter theboardcommuted theoriginalsentence.

Emergency Declaration or Major Disaster The bill allows the panel to grant a compassionate parole release to any inmate (other than those convicted of a capital felony or murder with special circumstances as described above) serving any sentences of imprisonment during certain major disasters or an emergency declaration.

These declarations are by the President covering any part of the state or an emergency declaration the governor issues, including those related to the COVID-19 pandemic or any other disease epidemic or public health emergency, or a natural disaster.

The release may be at any time during the inmate’s sentence if the panel finds circumstances exist that pose a higher risk of harm to the inmate if he or she remain confined.

Underthebill,“COVID-19”meanstherespiratorydiseasedesignated by the World Health Organization (WHO) on February 11, 2020, as coronavirus 2019, and any related mutation WHO recognizes as a communicable respiratory disease.

Rules and Regulations After Release Under current law, anyone granted compassionate parole must be released subject to the board’s terms and conditions and supervised by DOC.

The bill instead requires them to be supervised by rules and regulations the board established.

As under existing law, the chairperson enforces the rules, regulations, and provisions and can retake and imprison the parolee for any reason the panel, or the chairperson with the panel’s approval, deems sufficient.

The chairperson can detain a person pending the panel’s approval (CGS § 54-126).

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615 Special Panel The bill allows the board’s chairperson to appoint a special panel to implement the compassionate parole provisions and review and decide requests for these paroles on an emergency basis.

The bill requires the chairperson to, in all cases, act as expeditiously as possible.

Applicability for Other Paroles The bill specifies that the compassionate parole provisions, both under existing law and the bill, do not affect an inmate’s eligibility for any other form of parole or release provided by law.

§ 8 — DOC WHISTLEBLOWER PROTECTIONS The bill extends a state whistleblower law (CGS § 31-51m) to protect DOC correction officers who intervene or report other officer’s use of unreasonable, excessive, or illegal force from retaliation.

By law, DOC is prohibited from taking retaliatory personnel action or discriminating against a correction officer for intervening or reporting another officer’s use of unreasonable, excessive, or illegal force.

Among other things, this means DOC cannot discharge, discipline, or penalize intervening or reporting officers.

The bill allows correction officers who are discharged, disciplined, or penalized in violation of this law, after exhausting all administrative remedies, to bring a civilactionwithin90days after theviolationor final administrative decision.

By law, these officers are already protected by another whistleblower law specifically for state employees (CGS § 4-61dd).

Under that law, officerswho believe they have beenretaliatedagainst may,among other actions, file a complaint with the chief human rights referee at the Commission on Human Rights and Opportunities.

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute sSB1058 / File No.

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615 Yea 31 Nay 6 (04/05/2021) sSB1058 / File No.

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