Substitute House Bill No. 6644
Substitute House Bill No. 6644
PUBLIC ACT NO. 97-256
AN ACT CONCERNING THE BOARD OF PAROLE AND COURT
INSTRUCTIONS ON POSSIBLE IMMIGRATION AND
NATURALIZATION RAMIFICATIONS OF GUILTY OR NOLO
CONTENDERE PLEAS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) The Board of Parole shall
enter into an agreement with the United States
Immigration and Naturalization Service for the
deportation of parolees who are aliens as
described in 8 USC 1252a(b)(2) and for whom an
order of deportation has been issued pursuant to 8
USC 1252(b) or 8 USC 1252a(b).
(b) The Department of Correction shall
determine those inmates who shall be referred to
the Board of Parole based on intake interviews by
the department and standards set forth by the
United States Immigration and Naturalization
Service for establishing immigrant status.
(c) Notwithstanding the provisions of
subdivision (2) of subsection (b) of section
54-125a of the general statutes, any person whose
eligibility for parole is restricted under said
subdivision shall be eligible for deportation
parole under this section after having served
fifty per cent of the definite sentence imposed by
the court.
(d) Notwithstanding any provision of the
general statutes, a sentencing court may refer any
person convicted of an offense other than a
capital felony or a class A felony who is an alien
to the Board of Parole for deportation under this
section.
(e) Any person who is approved for deportation
under this section shall have his sentence placed
in a hold status for a period of ten years. If the
parolee re-enters the United States within such
ten-year period, he shall be in violation of his
parole agreement, the remainder of his sentence
shall be reinstated and he shall be ineligible for
parole consideration.
(f) Any person approved for deportation parole
shall not be eligible for any form of bond whether
by the state or the federal government. Any person
approved for deportation parole shall be
transferred to the United States Immigration and
Naturalization Service for deportation in
accordance with the agreement entered into
pursuant to subsection (a) of this section. Any
person approved for deportation parole shall waive
all rights to appeal his conviction, extradition
and deportation.
Sec. 2. Section 1-24 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The following officers may administer oaths:
(1) The clerks of the Senate, the clerks of the
House of Representatives and the chairmen of
committees of the General Assembly or of either
branch thereof, during its session; (2) state
officers as defined in subsection (t) of section
9-1, judges and clerks of any court, family
support magistrates, justices of the peace,
commissioners of the Superior Court, notaries
public, commissioners appointed by the Governor to
take acknowledgment of deeds, town clerks and
assistant town clerks, in all cases where an oath
may be administered, except in a case where the
law otherwise requires; (3) commissioners on
insolvent estates, auditors, arbitrators and
committees, to parties and witnesses, in all cases
tried before them; (4) assessors and boards of
assessment appeals, in cases coming before them;
(5) commissioners appointed by governors of other
states to take the acknowledgment of deeds, in the
discharge of their official duty; (6) the
moderator of a school district meeting, in such
meeting, to the clerk of such district, as
required by law; (7) the first selectman, in any
matter before the board of selectmen; (8) the
Chief Medical Examiner, Deputy Medical Examiner
and assistant medical examiners of the Office of
the Medical Examiner, in any matter before them;
(9) registrars of vital statistics, in any matter
before them; (10) any chief inspector or inspector
appointed pursuant to section 51-286; (11)
registrars of voters, deputy registrars, assistant
registrars, and moderators, in any matter before
them; (12) special assistant registrars, in
matters provided for in subsections (b) and (c) of
section 9-19b and section 9-19c; (13) the
Commissioner of Public Safety and any sworn member
of any local police department or the Division of
State Police within the Department of Public
Safety, in all affidavits, statements,
depositions, complaints or reports made to or by
any member of any local police department or said
Division of State Police or any constable who is
under the supervision of said commissioner or any
of such officers of said Division of State Police
and who is certified under the provisions of
sections 7-294a to 7-294e, inclusive, and performs
criminal law enforcement duties; (14) judge
advocates of the United States Army, Navy, Air
Force and Marine Corps, law specialists of the
United States Coast Guard, adjutants, assistant
adjutants, acting adjutants and personnel
adjutants, commanding officers, executive officers
and officers whose rank is lieutenant commander or
major, or above, of the armed forces as defined in
section 27-103 to persons serving with or in the
armed forces as defined in said section or their
spouses; (15) investigators, deputy investigators,
investigative aides, secretaries, clerical
assistants, social workers, social worker
trainees, paralegals and certified legal interns
employed by or assigned to the Public Defender
Services Commission in the performance of their
assigned duties; (16) bail commissioners,
assistant bail commissioners and secretaries and
clerical assistants employed in the office of the
Bail Commission in the performance of their
assigned duties; (17) juvenile matter
investigators employed by the Judicial Department
in the performance of their assigned duties; (18)
the chairman of the Connecticut Siting Council or
his designee; (19) the presiding officer at an
agency hearing under section 4-177b; [and] (20)
family relations counselors of the Family Division
of the Superior Court, support enforcement
officers and investigators employed by the
Department of Social Services Bureau of Child
Support Enforcement and the Judicial Department in
the performance of their assigned duties; AND (21)
THE CHAIRMAN, VICE-CHAIRMAN AND MEMBERS OF THE
BOARD OF PAROLE, PAROLE OFFICERS AND PAROLE
SUPERVISORS IN THE PERFORMANCE OF THEIR ASSIGNED
DUTIES.
Sec. 3. Subsection (a) of section 5-173 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(a) A state policeman in the active service of
the Division of State Police within the Department
of Public Safety, or any person who is engaged in
guard or instructional duties at the Connecticut
Correctional Institution, Somers, the Connecticut
Correctional Institution, Enfield-Medium, the Carl
Robinson Correctional Institution, Enfield, the
John R. Manson Youth Institution, Cheshire, the
Connecticut Correctional Institution, Niantic, the
Connecticut Correctional Center, Cheshire and the
community correctional centers, or any person
exempt from collective bargaining who is engaged
in custodial or instructional duties within the
Department of Correction, or any person who is an
employee of the Whiting Forensic Division with
direct and substantial patient contact, OR ANY
PERSON WHO IS EMPLOYED AS A CORRECTIONAL
COUNSELOR, CORRECTIONAL COUNSELOR SUPERVISOR,
PAROLE OFFICER OR PAROLE SUPERVISOR OR IN A
COMPARABLE JOB CLASSIFICATION BY THE BOARD OF
PAROLE, or any member of tier I who has been
designated as a hazardous duty member pursuant to
an applicable collective bargaining agreement, who
has reached his forty-seventh birthday and
completed at least twenty years of hazardous duty
service for the state or service as a state
policeman or as guard or instructor at said
correctional institutions or correctional centers,
or service in a custodial or instructional
position within the Department of Correction which
is exempt from collective bargaining, or as an
employee of the Whiting Forensic Division or its
predecessor institutions, OR AS A CORRECTIONAL
COUNSELOR, CORRECTIONAL COUNSELOR SUPERVISOR,
PAROLE OFFICER OR PAROLE SUPERVISOR OR IN A
COMPARABLE JOB CLASSIFICATION AS AN EMPLOYEE OF
THE BOARD OF PAROLE, shall be retired on his own
application or on the application of the
Commissioner of Public Safety or the Commissioner
of Correction, as the case may be.
Sec. 4. Subsection (d) of section 5-173 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(d) Any such person who, after retiring from
hazardous duty as designated pursuant to a
collective bargaining agreement or from the
Division of State Police or the employ of the
Connecticut Correctional Institution, Somers, the
Connecticut Correctional Institution,
Enfield-Medium, the Carl Robinson Correctional
Institution, Enfield, the John R. Manson Youth
Institution, Cheshire, the Connecticut
Correctional Institution, Niantic, the Connecticut
Correctional Center, Cheshire or a community
correctional center, [or] the Whiting Forensic
Division OR THE BOARD OF PAROLE, as the case may
be, is employed by any other state agency may
elect to receive the retirement income to which he
was entitled at the time of his retirement from
such hazardous duty or as a state policeman or
employee of the correctional institution or
correctional center, [or] forensic division OR
BOARD OF PAROLE when his employment in such other
agency ceases, but he shall not, in that case, be
entitled to any retirement income by reason of
service in such other agency except as provided in
subsection (g) of this section.
Sec. 5. Subsection (d) of section 5-192f of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) "Hazardous duty member" means a member who
is [either] a state policeman in the active
service of the Division of State Police within the
Department of Public Safety, [or any person] who
is engaged in guard or instructional duties at the
Connecticut Correctional Institution, Somers, the
Connecticut Correctional Institution,
Enfield-Medium, the Carl Robinson Correctional
Institution, Enfield, the John R. Manson Youth
Institution, Cheshire, the Connecticut
Correctional Institution, Niantic, the Connecticut
Correctional Center, Cheshire or the community
correctional centers, [or] who is an employee of
the Whiting Forensic Division or its predecessor
institutions with direct and substantial patient
contact, [or] WHO IS a detective, chief inspector
or inspector in the Division of Criminal Justice
[of] OR chief detective, WHO IS EMPLOYED AS A
CORRECTIONAL COUNSELOR, CORRECTIONAL COUNSELOR
SUPERVISOR, PAROLE OFFICER OR PAROLE SUPERVISOR OR
IN A COMPARABLE JOB CLASSIFICATION BY THE BOARD OF
PAROLE, or who has been designated as a hazardous
duty member pursuant to the terms of a collective
bargaining agreement.
Sec. 6. Section 54-1j of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The court shall not accept a plea of
guilty or nolo contendere from any defendant in
any criminal proceeding unless the court advises
him of the following: "If you are not a citizen of
the United States, you are hereby advised that
conviction of the offense for which you have been
charged may have the consequences of deportation,
exclusion from admission to the United States, or
denial of naturalization, pursuant to the laws of
the United States."
(b) The defendant shall not be required at the
time of the plea to disclose his legal status in
the United States to the court.
(c) If the court fails to advise a defendant
as required in subsection (a) of this section and
the defendant [later at any time] NOT LATER THAN
THREE YEARS AFTER THE ACCEPTANCE OF THE PLEA shows
that his plea and conviction may have one of the
enumerated consequences, the court, on the
defendant's motion, shall vacate the judgment, and
permit the defendant to withdraw the plea of
guilty or nolo contendere, and enter a plea of not
guilty. [In the absence of a record that the court
provided the advice required by this section, the
defendant shall be presumed not to have received
the required advice.]
Approved June 26, 1997