(P.A. 05-170, S. 5.)
Sec. 18-87. Transfers to other state institutions and to the Commissioner of
Children and Families. The Commissioner of Correction may transfer any inmate of
any of the institutions of the Department of Correction to any other appropriate state
institution with the concurrence of the superintendent of such institution or to the Department of Children and Families when the Commissioner of Correction finds that the
welfare or health of the inmate requires it. When an inmate, after the expiration of
his sentence, is committed to or otherwise remains in the institution to which he was
transferred, the expense of his treatment and support shall be paid as provided by sections
17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350,
inclusive, 17b-689b, and 17b-743 to 17b-747, inclusive. No transfer of any person who
has attained the age of eighteen years shall be made to the Department of Children and
Families. No transfer of any person who has not attained the age of eighteen years
shall be made to the Department of Children and Families unless the Commissioner
of Children and Families finds that such person would benefit from a transfer to the
Department of Children and Families and agrees to accept such person and such person
has given his written consent to such transfer. Such person transferred to the Department
of Children and Families shall be deemed to be committed to the custody of the Commissioner of Children and Families. The Commissioner of Children and Families shall have
the power to terminate the commitment and release such person at any time he determines
such termination and release would be in such person's best interest, and shall have the
power to return such person to the jurisdiction of the Commissioner of Correction. The
transfer of any person under this section to the Department of Children and Families
shall not result in the person so transferred being in the custody of the Commissioner
of Correction and the Commissioner of Children and Families for a total of less than
the minimum or more than the maximum term he would have been in the custody of
the Commissioner of Correction had he not been so transferred.
(1967, P.A. 152, S. 15; 1969, P.A. 664, S. 13; 1972, P.A. 127, S. 35; P.A. 93-91, S. 1. 2; P.A. 96-180, S. 53, 166; June
30 Sp. Sess. P.A. 03-3, S. 97; P.A. 04-76, S. 54; P.A. 05-288, S. 73.)
History: 1969 act added provisions re transfers from correctional institution to department of children and youth services,
required that superintendent of institution from which transfer to be made concur in decision and placed responsibility of
determination of suitability of transfer on commissioner of correction rather than on wardens, superintendents or jail
administrators; 1972 act forbade transfer of those reaching eighteen rather than twenty, reflecting changed age of majority;
P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children
and youth services, effective July 1, 1993; P.A. 96-180 made technical grammatical change, effective June 3, 1996 (Revisor's note: The references to "17b-115 to 17b-138" and "17b-689 to 17b-693, inclusive," were changed editorially by the
Revisors to "17b-116 to 17b-138" and "17b-689, 17b-689b", respectively, to reflect the repeal of certain sections by section
164 of June 18 Sp. Sess. P.A. 97-2); June 30 Sp. Sess. P.A. 03-3, in repealing Secs. 17b-19, 17b-62 to 17b-65, inclusive,
17b-116, 17b-116a, 17b-116b, 17b-117, 17b-120, 17b-121, 17b-123, 17b-134, 17b-135, 17b-220, 17b-259 and 17b-287,
authorized deletion of internal references to said subsections in this section, effective March 1, 2004; P.A. 04-76 deleted
references to Secs. 17b-118b and 17b-221 that were repealed by the same act; P.A. 05-288 made technical changes, effective
July 13, 2005.
Sec. 18-87j. *(See end of section for amended version and effective date.) Commission on Prison and Jail Overcrowding established. Composition of commission.
Chairperson. There is established a Commission on Prison and Jail Overcrowding
which shall be within the Office of Policy and Management for administrative purposes
only. The commission shall consist of the Chief Court Administrator, the Commissioner
of Correction, the Commissioner of Public Safety, the Chief State's Attorney, the Chief
Public Defender, the Commissioner of Mental Health and Addiction Services and the
chairperson of the Board of Pardons and Paroles, or their designees, the executive director of the Court Support Services Division or other designee of the Chief Court Administrator and the following members, each of whom shall be appointed by the Governor:
Three government officials, a police chief, two persons representing offender and victim
services within the private community and two public members. The Governor shall
appoint a chairperson from among the members of the commission. The commission
shall meet at such times as it deems necessary.
(P.A. 81-437, S. 1, 12; P.A. 82-472, S. 168, 183; P.A. 84-27, S. 2; P.A. 02-132, S. 11; P.A. 04-234, S. 2, 14.)
*Note: On and after July 1, 2006, this section, as amended by section 5 of public act
05-249, is to read as follows:
"Sec. 18-87j. Commission on Prison and Jail Overcrowding. There is established a Commission on Prison and Jail Overcrowding which shall be within the Office
of Policy and Management for administrative purposes only. The commission shall
consist of the undersecretary of the Criminal Justice Policy and Planning Division within
the Office of Policy and Management, the Chief Court Administrator, the Commissioner
of Correction, the Commissioner of Public Safety, the Chief State's Attorney, the Chief
Public Defender, the Commissioner of Mental Health and Addiction Services and the
chairperson of the Board of Pardons and Paroles, or their designees, the executive director of the Court Support Services Division or other designee of the Chief Court Administrator and the following members, each of whom shall be appointed by the Governor:
Three government officials, a police chief, two persons representing offender and victim
services within the private community and two public members. The undersecretary of
the Criminal Justice Policy and Planning Division shall serve as chairperson of the
commission. The commission shall meet at such times as it deems necessary."
(P.A. 81-437, S. 1, 12; P.A. 82-472, S. 168, 183; P.A. 84-27, S. 2; P.A. 02-132, S. 11; P.A. 04-234, S. 2, 14; P.A. 05-249, S. 5.)
History: P.A. 82-472 made a technical change by eliminating the director of the justice commission from the commission
on prison and jail overcrowding and adding one more government official; P.A. 84-27 deleted the requirement that the
commission meet at least once each month; P.A. 02-132 replaced "the Chief Bail Commissioner" with "the executive
director of the Court Support Services Division" and made technical changes; P.A. 04-234 added the Commissioner of
Mental Health and Addiction Services and the chairperson of the Board of Parole as members of the commission and
authorized the designees of those individuals and of the Commissioner of Correction and the Commissioner of Public
Safety to serve, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1,
2004; P.A. 05-249 added the undersecretary of the Criminal Justice Policy and Planning Division within the Office of
Policy and Management as a member of the commission and replaced provision requiring the Governor to appoint a
chairperson from among the members of the commission with provision requiring said undersecretary to serve as chairperson, effective July 1, 2006.
Sec. 18-87k. *(See end of section for amended version of subsection (a) and
effective date.) Powers and duties of commission. *(a) The commission shall: (1)
Develop and recommend policies for preventing prison and jail overcrowding; (2) examine the impact of statutory provisions and current administrative policies on prison and
jail overcrowding and recommend legislation to the Governor and the General Assembly; (3) annually prepare and distribute a comprehensive state criminal justice plan for
preventing prison and jail overcrowding which shall include, but not be limited to, the
number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of
persons requiring incarceration consistent with protection of public safety, including
mediation, restitution, supervisory release and community service plans and the impact
on prison populations, local communities and court caseloads. The commission shall
take into account any state plans in the related areas of mental health and drug and
alcohol abuse in the development of such plan. The commission shall take into account
the report of the findings and recommendations of the Alternatives to Incarceration
Advisory Committee established under section 18-87m in the development of the plan.
The plan shall be submitted annually to the Governor and General Assembly on or before
January fifteenth; (4) research and gather relevant statistical data and other information
concerning the impact of efforts to prevent prison and jail overcrowding and make
such information available to criminal justice agencies and members of the General
Assembly.
(b) The commission shall establish a subcommittee on corrections behavioral health
composed of the Commissioner of Correction, the Commissioner of Mental Health and
Addiction Services and a representative of The University of Connecticut Health Center
having responsibility for the administration of the contract with the Department of Correction concerning the provision of health care services to inmates of the department.
The subcommittee shall make recommendations to the commission concerning the provision of behavioral health services to inmates of the Department of Correction.
(P.A. 81-437, S. 2, 12; June 30 Sp. Sess. P.A. 03-6, S. 159; P.A. 04-234, S. 34.)
*Note: On and after July 1, 2006, subsection (a) of this section, as amended by section
6 of public act 05-249, is to read as follows:
"(a) The commission shall: (1) Develop and recommend policies for preventing prison
and jail overcrowding; (2) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding and recommend legislation to the
Governor and the General Assembly; and (3) research and gather relevant statistical
data and other information concerning the impact of efforts to prevent prison and jail
overcrowding and make such information available to criminal justice agencies and
members of the General Assembly."
(P.A. 81-437, S. 2, 12; June 30 Sp. Sess. P.A. 03-6, S. 159; P.A. 04-234, S. 34; P.A. 05-249, S. 6.)
History: June 30 Sp. Sess. P.A. 03-6 required the commission to take into account the report of the Alternatives to
Incarceration Advisory Committee established under Sec. 18-87m in the development of the plan, effective August 20,
2003; P.A. 04-234 designated existing provisions as Subsec. (a) and added Subsec. (b) re establishment, membership and
duties of a subcommittee on corrections behavioral health, effective June 8, 2004; P.A. 05-249 amended Subsec. (a) to
delete former Subdiv. (3) re annual preparation and distribution of a comprehensive state criminal justice plan for preventing
prison and jail overcrowding and redesignate existing Subdiv. (4) as new Subdiv. (3), effective July 1, 2006.
Sec. 18-98. Confinement where bail unobtainable: Presentence confinement
credit prior to July 1, 1981.
Subsec. (d):
Allocation of credit under subsec. does not implicate fundamental right or burden a suspect class, and is rationally
related to legitimate public purpose of ensuring that convicted offenders serve the full term of their sentences. 90 CA 460.
Sec. 18-98d. Credit for presentence confinement.
Respondent's allocation of pretrial confinement credit pursuant to section did not violate separation of powers doctrine;
because legislature plays substantial role, in conjunction with the judiciary, in sentencing those convicted of criminal
offenses, court could not conclude that statute, as applied by respondent, significantly interfered with judiciary's role in
sentencing. 90 CA 460.
Subsec. (a):
When concurrent sentences are imposed on different dates, presentence confinement days accrued simultaneously on
more than one docket are utilized fully on the date they are applied to first sentence. Hence, they cannot be counted a
second time to accelerate discharge date of any subsequent sentence without violating language of Subdiv. (1)(A). 271
C. 808.
PART Ia
EMPLOYEES
Sec. 18-101e. Calculation of disability retirement income for correction officers upon designation of extraordinary circumstances. (a) Whenever a correction
officer who is a member of a state employee organization and a member of the state
employees retirement system, as a result of a special hazard inherent in the duties of a
correction officer, becomes (1) permanently disabled or permanently unable to render
service as a correction officer, and (2) permanently unable to engage in other suitable,
comparable employment, the state employee organization representing such member
may, but is not required to, petition the Secretary of the Office of Policy and Management
on behalf of such member for a designation of extraordinary circumstances for the purpose of calculating such member's disability retirement income.
(b) If such petition is granted by the Secretary of the Office of Policy and Management, or a designee, or as a result of an arbitration conducted pursuant to subsection (c)
of this section, the Department of Correction shall (1) elevate such correction officer
to the highest pay grade in the member's bargaining unit, effective not later than the
member's last day of active state service, and (2) prepare an application for disability
retirement benefits under the state employees retirement system that reflects the salary
of such highest pay grade. The Retirement Commission shall use the salary of such
highest pay grade in determining such member's disability retirement income in accordance with the provisions of chapter 66.
(c) (1) If such petition is denied by the Secretary of the Office of Policy and Management, or a designee, the state employee organization representing such member may
initiate arbitration by filing with the State Board of Mediation and Arbitration the sole
issue of whether such member is entitled to a designation of extraordinary circumstances
for the purpose of calculating such member's disability retirement income. A copy of
the filing shall be served on the Secretary of the Office of Policy and Management. Not
later than seven days after such copy has been served, the parties shall jointly select an
arbitrator. The person selected shall have substantial, current experience as an impartial
arbitrator of labor-management disputes. Persons who serve partisan interests as advocates or consultants for labor or management in labor-management relations or who are
associated with or are members of a firm that performs such advocate or consultant
work may not be selected. If the parties fail to agree on an arbitrator within the seven-day period, the selection shall be made using the procedures under the voluntary labor
arbitration rules of the American Arbitration Association.
(2) In any arbitration proceeding initiated under this section, the sole issue before
the arbitrator shall be whether such member is entitled to a designation of extraordinary
circumstances for purposes of calculating such member's disability retirement income.
The arbitrator's decision shall be final and binding on all parties and shall not be subject
to appeal under any provision of the general statutes or under any collectively bargained
agreement.
(d) Nothing in this section shall be construed to alter the amount of compensation
due any member of a correctional institution pursuant to the provisions of subsection
(a) of section 5-142 or chapter 568.
(P.A. 05-284, S. 1.)
PART II
COMMUNITY CORRECTION SERVICES
Sec. 18-101i. Community-based service programs established. (a) To establish
and develop noninstitutional, community-based service programs, the commissioner
shall award grants or purchase of service contracts in accordance with the plan developed
under subsection (b) of this section to private, nonprofit organizations, state agencies
or units of local government, provided such grants shall not be subject to the formula
funding requirements of section 18-101k. Such grants or contracts shall be the predominant method by which the department develops, implements and operates community
correction programs. In addition, the commissioner may administer community-based
service programs under the direct control of the department.
(b) To carry out the purposes of subsection (a) of this section, the commissioner
shall:
(1) Develop and revise annually a comprehensive state community correction plan
for the delivery of services in each of the service areas established by section 18-101j.
The department shall adopt regulations in accordance with chapter 54 by January 1,
1981, providing for community input into such plan;
(2) Report annually to the Governor and the General Assembly regarding its community correction activities. At a minimum, such report shall include the number of
clients served, services offered and prevailing concerns of the service areas;
(3) Research and gather relevant statistical data concerning the impact of community correction services and make such data available to the service areas and community
correction program providers on a monthly and annual basis;
(4) Establish a mechanism to monitor and evaluate on a regular basis all community
correction programs and report their findings in writing to each agency in a timely and
regular manner; and
(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services or property from the federal government, in
accordance with the state community correction plan.
(c) The department shall include in its budget a separate allocation for the provision
of community-based service programs as required by this part.
(P.A. 80-200, S. 3, 7; P.A. 82-383, S. 5, 7; P.A. 05-288, S. 74.)
History: P.A. 82-383 amended Subsec. (a) by adding "state agencies"; P.A. 05-288 made technical changes in Subsecs.
(a) and (b), effective July 13, 2005.
Sec. 18-101k. Funding. (a) In establishing the level of funds in each service area,
and funds available for each service contract, the department shall adopt regulations in
accordance with chapter 54 by February 1, 1981, providing a formula and procedures
for the application, review and award or denial of requests for funds, and providing for
the waiver or amendment of such formula as provided in subsection (c) of this section.
(b) Such formula shall provide for: (1) Private sector match; (2) client population
ratio; (3) nonclient criteria; (4) residential facility criteria; and (5) nonresidential facility
criteria.
(c) Such formula may be amended or waived by the department when, after due
consideration, it finds that services for such area are not needed or that such area fails
to have existing private, nonprofit organizations or units of local government to carry
out the purposes of this part.
(P.A. 80-200, S. 5, 7; P.A. 05-288, S. 75.)
History: P.A. 05-288 made technical changes in Subsec. (a), effective July 13, 2005.