Sec. 18-81l. Criminal history records checks of correctional personnel.
Sec. 18-81qq. Office of the Correction Ombuds.
Sec. 18-85. Compensation of inmates. Deposit in account. Disbursement priorities.
Sec. 18-96b. Restrictive housing status and isolated confinement for incarcerated persons. Reports.
Sec. 18-81e. Notification of victim or immediate family member of person who is incarcerated when person is released from correctional facility or transferred to another correctional facility. (a) For the purposes of this section, “victim” includes the legal representative of the victim or a member of the deceased victim's immediate family.
(b) Upon the release of any person from a correctional facility, whether at the scheduled termination date of a determinate sentence or prior to such date on account of the transfer of such person to a public or private nonprofit halfway house, group home or mental health facility or approved community residence pursuant to section 18-100, the reduction of such sentence due to good conduct and obedience to rules or receipt of an outstandingly meritorious performance award, or any other early release provision, the Commissioner of Correction or the commissioner's designee shall notify any victim of the crime for which such person is incarcerated of such person's release if such victim has requested notification and provided the commissioner with a current address.
(c) Upon the transfer of a person who is incarcerated from a correctional facility to another correctional facility, the Commissioner of Correction or the commissioner's designee shall notify (1) each victim of any crime for which such person is incarcerated, and (2) an immediate family member of the person who is incarcerated, of such person's transfer to another correctional facility if such victim or immediate family member has requested such notification and provided the commissioner with a current residential address or electronic mail address.
(P.A. 85-566, S. 3; P.A. 88-278, S. 2; P.A. 95-152, S. 2; P.A. 23-12, S. 1.)
History: P.A. 88-278 added provision in Subsec. (b) re release of person prior to scheduled date as result of prison overcrowding emergency, transfer to halfway house, group home, mental health facility or community residence, reduction of sentence due to good conduct or meritorious service award or other early release provision; P.A. 95-152 amended Subsec. (b) to delete the provision re the release of a person on account of “the declaration of a prison overcrowding emergency pursuant to section 18-87f”, reflecting the repeal of said section by the same public act; P.A. 23-12 amended Subsec. (b) by making a technical change and added Subsec. (c) re provision of notice to crime victim and immediate family member of person who is incarcerated when such person is transferred from one correctional facility to another facility if such victim or immediate family member has requested notification and provided an electronic mail address.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 18-81l. Criminal history records checks of correctional personnel. The Commissioners of Correction and Administrative Services shall (1) require each applicant for a position that will involve direct contact with inmates to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of such person's application, and (2) require each applicant to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a.
(P.A. 95-251, S. 4; P.A. 96-180, S. 133, 166; June Sp. Sess. P.A. 98-1, S. 48, 121; P.A. 01-175, S. 13, 32; P.A. 23-204, S. 101.)
History: P.A. 96-180 made a technical change, effective June 3, 1996; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998; P.A. 01-175 made technical changes for the purposes of gender neutrality, replaced provisions re criminal history records checks conducted by the department, fingerprinting and fee with provision re state and national criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001; P.A. 23-204 changed “Department of Correction” to “Commissioners of Correction and Administrative Services”, effective June 12, 2023.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 18-81ff. *(See end of section for amended version and effective date.) State identification card or motor vehicle operator's license for inmates upon release. The Commissioners of Correction and Motor Vehicles shall, within available appropriations, ensure that an inmate possesses a state identification card issued pursuant to section 1-1h or a motor vehicle operator's license issued pursuant to chapter 246 at the time such inmate is released from a correctional facility after serving any part of a term of imprisonment for a misdemeanor or felony conviction, provided any such inmate (1) requests and qualifies for such identification card or license, and (2) pays any fee associated with obtaining such identification card or license.
(P.A. 17-106, S. 1.)
*Note: On and after April 1, 2024, this section, as amended by section 1 of public act 23-88, is to read as follows:
“Sec. 18-81ff. Issuance of state identity card or motor vehicle operator's license to person discharged or released from correctional facility. (a) The Commissioners of Correction and Motor Vehicles shall ensure that a person who is incarcerated possesses an identity card issued pursuant to section 1-1h or a motor vehicle operator's license issued pursuant to chapter 246 at the time such person is discharged or released from a correctional facility after serving any part of a term of imprisonment for a misdemeanor or felony conviction with a sentence of not less than one year, unless such person (1) indicates, in writing, on a form prescribed by the Commissioner of Correction, that such person does not wish to obtain such card or license, or (2) is otherwise ineligible for such card or license for reasons that include, but are not limited to, suspension, revocation or cancellation of motor vehicle operating provisions in this or any other state.
(b) In order to effectuate the provisions of subsection (a) of this section, at the time a person is committed to the custody of the Commissioner of Correction, said commissioner, in consultation and collaboration with the Commissioner of Motor Vehicles, shall ascertain (1) whether the person has been issued a valid identity card pursuant to section 1-1h or a motor vehicle operator's license pursuant to chapter 246, and (2) if such card or license has been issued, the date upon which such card or license is to expire.
(c) For any person who is sentenced to a term of imprisonment who wishes to (1) obtain an initial identity card issued pursuant to section 1-1h, or renew such card, (2) renew a motor vehicle operator's license pursuant to chapter 246, or (3) obtain a duplicate card or license if the original card or license has been lost, the Commissioner of Correction, in consultation and collaboration with the Commissioner of Motor Vehicles, shall:
(A) (i) Not later than twenty-four months prior to the date on which such person is to be discharged from the correctional facility, determine the documentation such person requires to obtain such card or license; and (ii) facilitate the process that allows such person to expeditiously obtain the required documentation by providing access to any forms, fees and fee waivers, within available appropriations, notary services and mailing-related needs, to secure the required documentation. The Commissioner of Correction shall begin the process described in this subdivision not later than twenty-four months prior to the person's earliest date of eligibility for parole, and immediately begin the process for any person whose sentence is reduced, if the reduced sentence results in a date of discharge within twenty-four months or for any person who is otherwise scheduled to be released with a date of discharge within twenty-four months; and
(B) Not later than thirteen months prior to the date on which such person is to be discharged from the correctional facility, initiate a process that allows such person to expeditiously obtain any additionally required documentation or photographs by providing (i) access to any forms, fees and fee waivers, within available appropriations, notary services and mailing-related needs, to secure the required documentation, and (ii) a means by which to obtain the required photographs. The Commissioner of Correction shall begin the process described in this subdivision not later than thirteen months prior to the person's earliest date of eligibility for parole, and immediately begin the process for any person whose sentence is reduced, if the reduced sentence results in a date of discharge within thirteen months or for any person who is otherwise scheduled to be released with a date of discharge within thirteen months.
(d) At the time a person is released from a correctional facility, the Commissioner of Correction shall provide an identity card issued pursuant to section 1-1h or a motor vehicle operator's license issued pursuant to chapter 246 to any person who requested assistance in obtaining such card or license pursuant to the provisions of this section and is not otherwise ineligible to receive such card or license.
(e) Not later than January 1, 2025, and annually thereafter, the Commissioner of Correction, in collaboration with the Commissioner of Motor Vehicles, shall 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 on:
(1) The total number of formerly incarcerated persons who were issued original, renewal or duplicate identity cards pursuant to section 1-1h, and renewal or duplicate motor vehicle operator's licenses issued pursuant to chapter 246, disaggregated by card and license type;
(2) The total number of identification cards and motor vehicle operator's licenses issued to such persons by each individual state correctional facility;
(3) The total number of incarcerated persons who were not able to be issued an identification card or motor vehicle operator's license under this section, disaggregated to the extent practicable by reasons for the nonissuance of such cards or licenses; and
(4) Any issues encountered by the Commissioners of Correction and Motor Vehicles in implementing the provisions of this section and section 14-41c along with recommendations for the resolution of such issues and any recommended legislative enhancements to the provisions of this section and section 14-41c.”
(P.A. 17-106, S. 1; P.A. 23-88, S. 1.)
History: P.A. 23-88 designated existing provisions as Subsec. (a) and revised provisions therein re nonissuance of identity card or motor vehicle operator's license and added Subsecs. (b) to (e) re procedures involved in issuance of a state identity card or motor vehicle operator's license to persons discharged or released from a correctional facility and re reporting requirements, effective April 1, 2024.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 18-81ii. Care and treatment of inmate with a gender identity differing from assigned sex at birth and a diagnosis of gender dysphoria. Placement of inmate in correctional institution with inmates of the gender consistent with the inmate's gender identity. Any inmate of a correctional institution, as described in section 18-78, who has a gender identity that differs from the inmate's assigned sex at birth and has a diagnosis of gender dysphoria, as set forth in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders” or gender incongruence, as defined in the most recent revision of the “International Statistical Classification of Diseases and Related Health Problems”, shall: (1) Be addressed by correctional staff in a manner that is consistent with the inmate's gender identity, (2) have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the inmate's gender identity, and (3) have the right to be searched by a correctional staff member of the same gender identity, unless the inmate requests otherwise or under exigent circumstances. An inmate who has a birth certificate, passport or driver's license that reflects his or her gender identity or who can meet established standards for obtaining such a document to confirm the inmate's gender identity shall presumptively be placed in a correctional institution with inmates of the gender consistent with the inmate's gender identity. Such presumptive placement may be overcome by a demonstration by the Commissioner of Correction, or the commissioner's designee, that the placement would present significant safety, management or security problems. In making determinations pursuant to this section, the inmate's views with respect to his or her safety shall be given serious consideration by the Commissioner of Correction, or the commissioner's designee.
(P.A. 18-4, S. 8; P.A. 23-204, S. 305.)
History: P.A. 18-4 effective July 1, 2018; P.A. 23-204 added reference to diagnosis of gender incongruence, effective January 1, 2024.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 18-81qq. Office of the Correction Ombuds. (a)(1) There is, within the Office of Governmental Accountability established under section 1-300, the Office of the Correction Ombuds for the provision of ombuds services. The Correction Ombuds appointed pursuant to section 18-81jj shall be the head of said office.
(2) For purposes of this section, “ombuds services” includes:
(A) Evaluating the delivery of services to incarcerated persons by the Department of Correction;
(B) Reviewing periodically the nonemergency procedures established by the department to carry out the provisions of title 18 and evaluating whether such procedures conflict with the rights of incarcerated persons;
(C) Receiving communications from persons in the custody of the Commissioner of Correction regarding decisions, actions, omissions, policies, procedures, rules or regulations of the department;
(D) Conducting site visits of correctional facilities administered by the department;
(E) Reviewing the operation of correctional facilities and nonemergency procedures employed at such facilities. Nonemergency procedures include, but are not limited to, the department's use of force procedures;
(F) Recommending procedure and policy revisions to the department;
(G) Taking all possible actions, including, but not limited to, conducting programs of public education, undertaking legislative advocacy and making proposals for systemic reform and formal legal action in order to secure and ensure the rights of persons in the custody of the commissioner. The Correction Ombuds shall exhaust all other means to reach a resolution before initiating litigation; and
(H) Publishing on an Internet web site operated by the Office of the Correction Ombuds a semiannual summary of all ombuds services and activities during the six-month period before such publication.
(b) Notwithstanding any provision of the general statutes, the Correction Ombuds shall act independently of any department in the performance of the office's duties.
(c) The Correction Ombuds may, within available funds, appoint such staff as may be deemed necessary. The duties of the staff may include the duties and powers of the Correction Ombuds if performed under the direction of the Correction Ombuds.
(d) The General Assembly shall annually appropriate such sums as necessary for the payment of the salaries of the staff and for the payment of office expenses and other actual expenses incurred by the Correction Ombuds in the performance of the Correction Ombuds' duties. Any legal or court fees obtained by the state in actions brought by the Correction Ombuds shall be deposited in the General Fund.
(e) In the course of investigations, the Correction Ombuds shall rely on a variety of sources to corroborate matters raised by incarcerated persons or others. Where such matters turn on validation of particular incidents, the Correction Ombuds shall endeavor to rely on communications from incarcerated persons who have reasonably pursued a resolution of the complaint through any existing internal grievance procedures of the Department of Correction. In all events, the Correction Ombuds shall make good faith efforts to provide an opportunity to the Commissioner of Correction to investigate and to respond to such concerns prior to making such matters public.
(f) All oral and written communications, and records relating to such communications between a person in the custody of the Commissioner of Correction and the Correction Ombuds or a 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 shall not be disclosed without the consent of such person, except that the Correction Ombuds 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 further disclosed outside of the Department of Correction.
(g) Notwithstanding the provisions of subsection (f) of this section, whenever in the course of carrying out the Correction Ombuds' duties, the Correction Ombuds or a member of the Office of the Correction Ombuds staff becomes aware of the commission or planned commission 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) 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. The provisions of this subsection shall not be construed to compel access to any record protected by the attorney-client privilege or attorney-work product doctrine or any record related to a pending internal investigation, external criminal investigation or emergency procedures. For purposes of this subsection, “emergency procedures” are procedures the Department of Correction uses to manage control of tools, keys and armories and concerning department emergency plans, emergency response units, facility security levels and standards and radio communications.
(i) In the performance of the responsibilities provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner. Such communications shall be confidential except as provided in subsections (e) and (f) of this section.
(j) The Correction Ombuds may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies, for the purpose of carrying out the Correction Ombuds' responsibilities. There is established within the General Fund a Correction Ombuds account which shall be a separate, nonlapsing account. Any funds received under this subsection shall, upon deposit in the General Fund, be credited to said account and may be used by the Correction Ombuds in the performance of the Correction Ombuds' duties.
(k) 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 Correction Ombuds in the course of an investigation and all confidential 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.
(l) No state or municipal agency shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a complaint to the Correction Ombuds or cooperates with the Office of the Correction Ombuds in an investigation.
(m) Not later than December 1, 2023, and annually thereafter, the Correction Ombuds shall submit a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction regarding the conditions of confinement in the state's correctional facilities and halfway houses. Such report shall detail the Correction Ombuds' findings and recommendations.
(P.A. 22-18, S. 2; P.A. 23-38, S. 1.)
History: P.A. 22-18 effective July 1, 2022; P.A. 23-38 made a technical change in Subsec. (j).
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 18-85. Compensation of inmates. Deposit in account. Disbursement priorities. (a) The Commissioner of Correction, after consultation with the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management, shall establish a schedule of compensation for services performed on behalf of the state by inmates of any institution or facility of the department. Such schedule shall (1) recognize degrees of merit, diligence and skill in order to encourage inmate incentive and industry, and (2) establish a pay range of not less than five dollars per week, but not greater than ten dollars per week.
(b) Compensation so earned shall be deposited, under the direction of the Commissioner of Correction, in an account in a savings bank or state bank and trust company in this state or an account administered by the State Treasurer. Any compensation so earned shall be paid to the inmate on the inmate's release from incarceration in the form of a debit card, except that the commissioner may, while the inmate is in custody, disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of the inmate's dependents, if any; (7) the inmate's necessary travel expense to and from work and other incidental expenses; (8) costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section; and (9) payment to the clerk of the court in which an inmate, confined in a correctional facility only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine. Any interest that accrues shall be credited to any institutional fund established for the welfare of inmates. Compensation under this section shall be in addition to any compensation received or credited under section 18-50.
(1967, P.A. 152, S. 13; 1969, P.A. 297; P.A. 77-614, S. 126, 273, 610; P.A. 87-282, S. 14; P.A. 88-300, S. 1; P.A. 93-310, S. 26, 32; P.A. 04-234, S. 16; P.A. 07-158, S. 1; P.A. 13-69, S. 2; P.A. 18-155, S. 6; P.A. 21-85, S. 7; P.A. 23-204, S. 153.)
History: 1969 act replaced jails with community correctional centers; P.A. 77-614 required consultation with commissioner of administrative services and secretary of the office of policy and management rather than with council of correction and personnel policy board; P.A. 87-282 deleted reference to “superintendent”; P.A. 88-300 amended provision re disbursement of compensation by requiring following priorities as Subdivs. (1) to (9): Federal taxes due, restitution or compensation to crime victim, payment of civil judgment, victims compensation, state taxes due, support of dependents, travel expense to and from work, costs of board and payment of fine; P.A. 93-310 changed commission on victim services to office of victim services, effective July 1, 1993; P.A. 04-234 amended Subdiv. (8) to replace “costs of his board as determined by the commissioner” with “costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section” and made a technical change, effective June 8, 2004; P.A. 07-158 inserted Subsec. designators (a) and (b), amended Subsec. (b) to substitute “compensation” for “sums”, add “in an inmate's individual account” and provide that funds from such account may be transferred to the inmate's discharge savings account, and made technical changes, effective July 1, 2007; P.A. 13-69 amended Subsec. (b) by substituting references to Commissioner of Correction for references to administrative head of institution or facility, and warden or Community Correctional Center Administrator, replacing requirement that compensation be deposited in inmate's individual account with requirement that deposit be in account in a savings bank or state bank and trust company in this state or in account administered by State Treasurer, adding new Subdiv. (8) re deposits credited to inmate's discharge savings account under Sec. 18-84a, redesignating existing Subdivs. (8) and (9) as Subdivs. (9) and (10), amending redesignated Subdiv. (10) by substituting reference to correctional facility for reference to community correctional center, and making technical changes, effective July 1, 2013; P.A. 18-155 deleted former Subsec. (b)(8) re deposits credited to inmate's discharge savings account under Sec. 18-84a and redesignated existing Subsecs. (b)(9) and (b)(10) as Subsecs. (b)(8) and (b)(9); P.A. 21-85 provided that upon an inmate's release earned compensation be paid in the form of a debit card, effective January 1, 2022; P.A. 23-204 amended Subsec. (a) to designate provision re encouragement of inmate skill and industry as Subdiv. (1) and add Subdiv. (2) re establishment of $5 to $10 pay range.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 18-96b. Restrictive housing status and isolated confinement for incarcerated persons. Reports. (a) As used in this section:
(1) “Administrative segregation status” means the Department of Correction's practice of placing an incarcerated person on restrictive housing status following a determination that such incarcerated person can no longer be safely managed within the general population of the correctional facility;
(2) “Commissioner” means the Commissioner of Correction;
(3) “De-escalation” means attempting to defuse a crisis without the use of force;
(4) “Department” means the Department of Correction;
(5) “Grievance” means a formal complaint filed by any incarcerated person with the internal grievance system or the department;
(6) “Incarcerated person” means a person confined and in the custody and care of the commissioner, including persons in pretrial, presentencing or post-conviction confinement;
(7) “Isolated confinement” means any form of confinement of an incarcerated person within a cell, except during a facility-wide emergency, lockdown or for the purpose of providing medical or mental health treatment, with less than the following time out of cell:
(A) For all incarcerated persons, four hours per day, on and after July 1, 2022;
(B) For all incarcerated persons in the general population, four and a half hours per day, on and after October 1, 2022; and
(C) For all incarcerated persons in the general population, five hours per day, on and after April 1, 2023;
(8) “Lockdown” means the enforced detainment of all incarcerated persons within such persons' cells imposed upon an entire correctional facility or part of such facility, other than for the purpose of administrative meetings;
(9) “Medical professional” means (A) a physician licensed under chapter 370; (B) a physician assistant licensed under chapter 370; or (C) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378;
(10) “Restrictive housing status” means any classification of an incarcerated person by the Department of Correction that requires closely regulated management and separation of such incarcerated person from other incarcerated persons, including, but not limited to, administrative segregation status, punitive segregation status, transfer detention status, administrative detention status, security risk group status, chronic discipline status, special needs status and protective custody status;
(11) “Therapist” means any (A) physician licensed pursuant to chapter 370 who specializes in psychiatry; (B) psychologist licensed pursuant to chapter 383; (C) an advanced practice registered nurse licensed pursuant to chapter 387; (D) clinical social worker or master social worker licensed pursuant to chapter 383b; or (E) professional counselor licensed pursuant to chapter 383c; and
(12) “Use of force” means the use of physical force or deadly physical force, as defined in section 53a-3, by a department employee to compel compliance by an incarcerated person. Use of force includes, but is not limited to, the use of restraints, chemical agents, canines or munitions or forcible extraction from a cell, other than in response to a psychiatric emergency.
(b) The department shall not hold any person under eighteen years of age in isolated confinement.
(c) Any use of isolated confinement shall maintain the least restrictive environment necessary for the safety of incarcerated persons and staff, and the security of the facility.
(d) If holding an incarcerated person in isolated confinement, the department shall:
(1) Not later than twenty-four hours after initiating the process of holding such person in isolated confinement, ensure that a medical professional conducts a physical examination and a therapist conducts a mental health evaluation of such person;
(2) Ensure regular monitoring to ensure such person's safety and well-being, including a daily check-in from a therapist;
(3) Continue de-escalation efforts when applicable and appropriate to the situation; and
(4) Provide to such person access to the following:
(A) Reading materials, paper, and a writing implement;
(B) Not less than three showers per week; and
(C) Not less than two hours out of cell per day, including at least one hour for recreational purposes.
(e) Placement of an incarcerated person in isolated confinement shall be subject to the following:
(1) The department may place a person in isolated confinement only after consideration of less restrictive measures;
(2) No person may be placed in isolated confinement for longer than necessary and no more than fifteen consecutive days or thirty total days within any sixty-day period, after which period, such person shall be released from isolated confinement; and
(3) No person may be placed in isolated confinement based on the same incident that was previously used as the basis for such placement.
(f) No person may be held in isolated confinement for protective custody, except that isolated confinement may be used while the department is determining whether protective custody status is appropriate. The department shall limit the time period for such determination to not more than five business days.
(g) The department shall not impose a lockdown upon an entire correctional facility or part of a correctional facility for purposes of training department staff for more than twenty-four cumulative hours during any thirty-day period.
(h) Not later than January 1, 2024, the department shall 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 Department of Correction and the Criminal Justice Policy and Planning Division established under section 4-68m concerning measures taken by the department to address the following:
(1) The frequency, cause and duration of lockdowns;
(2) The presence of persons with serious mental illness or developmental and intellectual disabilities in isolated confinement or on restrictive housing status;
(3) Efforts to increase the time an incarcerated person spends outside of such person's cell;
(4) The provision of therapeutic and other pro-social programming for persons on restrictive housing status;
(5) The use of in-cell restraints; and
(6) Fostering cooperation and engagement with the Correction Ombuds pursuant to section 18-81qq and the Correction Advisory Committee established pursuant to section 18-81jj.
(i) The department shall annually on or before January first submit to the Criminal Justice Policy and Planning Division established under section 4-68m a report containing, in a disaggregated and anonymized format, the following data, which shall be broken down by facility and the age, race and sex of incarcerated persons included in the data:
(1) The number of incarcerated persons in 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 and the total number of persons subjected to isolated confinement during the twelve months preceding the date of submission of the report;
(2) The number of incarcerated persons who were in isolated confinement for more than fifteen cumulative days in the previous calendar year as categorized by the following periods of time:
(A) Sixteen to thirty days;
(B) Thirty-one to sixty days;
(C) Sixty-one to ninety days; and
(D) More than ninety days;
(3) The number of incidents broken down by month during the previous calendar year in the department's facilities categorized as:
(A) Suicides by incarcerated persons;
(B) Attempted suicides by incarcerated persons;
(C) Self-harm by incarcerated persons;
(D) Assaults by incarcerated persons on staff members; and
(E) Assaults and fights between incarcerated persons;
(4) Monthly reports showing the total number of incarcerated persons against whom the department has used force, including use of the following:
(A) Chemical agent devices;
(B) Full stationary restraints;
(C) Deadly physical force;
(D) In-cell restraints;
(E) Less than lethal munitions;
(F) Lethal munitions;
(G) Medical restraints;
(H) Physical force;
(I) Therapeutic restraints;
(J) Cell extraction; and
(K) Canines;
(5) Grievances filed by incarcerated persons, broken down by month, including the number of grievances filed, dismissed, affirmed or otherwise resolved;
(6) Programs offered to incarcerated persons, including the program title and a brief description of the program, the number of spots available in each program and the number of persons enrolled in each program as of the first of each month;
(7) Internal department work assignments held by incarcerated persons, including the work assignment title, the daily wage paid and the number of such persons in each position as of the first of each month; and
(8) External jobs held by incarcerated persons working for outside employers, including the job title, hourly wage paid, the number of such persons in each position as of the first of each month and the name of each employer.
(j) The provisions of this section do not apply to any incarcerated person described in subsection (a) of section 18-10b.
(k) The department shall publish on its Internet web site the formula for calculating an incarcerated person's mental health score and any report pursuant to subsection (i) of this section.
(P.A. 17-239, S. 1; P.A. 22-18, S. 3; P.A. 23-38, S. 2.)
History: P.A. 17-239 effective January 1, 2018; P.A. 22-18 amended Subsec. (a) by redefining “administrative segregation status” in Subdiv. (1), adding definitions in new Subdivs. (2) to (9), inclusive, redesignating Subdiv. (2) as Subdiv. (10) and redefining “restrictive housing status” in same and adding definitions in Subdivs. (11) and (12), replaced existing language in Subsec. (b) re publishing requirements with language prohibiting holding a person under 18 years of age in isolated confinement, added new Subsec. (c) re use of the least restrictive environment, added new Subsec. (d) re use of isolated confinement, added new Subsec. (e) re limitations on use of isolated confinement, added new Subsec. (f) re use of isolated confinement for protective custody, added new Subsec. (g) re imposition of lockdown, added new Subsec. (h) re one-time reporting requirement, redesignated existing Subsec. (c) as Subsec. (i) and substantially revised ongoing reporting requirements, deleted former Subsec. (d) prohibiting holding a person under 18 years of age on administrative segregation status, deleted former Subsec. (e) re one-time reporting re use and oversight of restrictive housing status, redesignated existing Subsec. (f) as Subsec. (j) and made technical changes in same, deleted former Subsec. (g) re training of employees, deleted former Subsec. (h) re wellness of employees and added Subsec. (k) re publication of formula for calculating mental health score on the department's Internet web site, effective July 1, 2022; P.A. 23-38 made a technical change in Subsec. (a)(7)(C).
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 18-100h. Release of persons convicted of certain motor vehicle and drug offenses to their residences. (a) Notwithstanding any provision of the general statutes, whenever a person is sentenced to a term of imprisonment pursuant to section 14-215, subsection (g) of section 14-227a, section 14-227k or subdivision (1) of subsection (c) of section 14-227m and committed by the court to the custody of the Commissioner of Correction, the commissioner may, after admission and a risk and needs assessment of such person, release such person to such person's residence subject to the condition that such person not leave such residence unless otherwise authorized. Based upon the assessment of such person, the commissioner may require such person to be subject to electronic monitoring, which may include the use of a global positioning system and continuous monitoring for alcohol consumption, and to any other conditions the commissioner deems appropriate. Any person released pursuant to this subsection shall remain in the custody of the commissioner and shall be supervised by employees of the department during the period of such release. Upon the violation by such person of any condition of such release, the commissioner may revoke such release and return such person to confinement in a correctional facility. The commissioner shall establish an advisory committee for the purpose of developing a protocol for the training of correctional staff assigned to the assessment and supervision of offenders eligible for release pursuant to this subsection, evaluation of outcomes of participation in such release, the establishment of victim impact panels and the provision of treatment to such participants. For purposes of this subsection, “continuous monitoring for alcohol consumption” means automatically testing breath, blood or transdermal alcohol concentration levels and tamper attempts at least once every hour regardless of the location of the person being monitored.
(b) Notwithstanding any provision of the general statutes, whenever a person is sentenced to a term of imprisonment for a violation of section 21a-267, 21a-279 or 21a-279a, and committed by the court to the custody of the Commissioner of Correction, the commissioner may, after admission and a risk and needs assessment, release such person to such person's residence subject to the condition that such person not leave such residence unless otherwise authorized. Based upon the assessment of such person, the commissioner may require such person to be subject to electronic monitoring, which may include the use of a global positioning system and continuous monitoring for alcohol consumption, to drug testing on a random basis, and to any other conditions that the commissioner may impose. Any person released pursuant to this subsection shall remain in the custody of the commissioner and shall be supervised by employees of the department during the period of such release. Upon the violation by such person of any condition of such release, the commissioner may revoke such release and return such person to confinement in a correctional facility. For purposes of this subsection, “continuous monitoring for alcohol consumption” means automatically testing breath, blood or transdermal alcohol concentration levels and tamper attempts at least once every hour regardless of the location of the person being monitored.
(P.A. 11-51, S. 26, 27; June Sp. Sess. P.A. 15-2, S. 8; P.A. 16-126, S. 25; June Sp. Sess. P.A. 21-1, S. 159; P.A. 23-47, S. 3.)
History: P.A. 11-51 effective July 1, 2011; June Sp. Sess. P.A. 15-2 amended Subsec. (b) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-126 amended Subsec. (a) by adding reference to Sec. 14-227m(c)(1); June Sp. Sess. P.A. 21-1 amended Subsec. (b) by adding reference to Sec. 21a-279a, effective July 1, 2021; P.A. 23-47 amended Subsec. (a) by adding reference to Sec. 14-227k.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |