CHAPTER 325

DEPARTMENT OF CORRECTION

Table of Contents

Sec. 18-81s. Pilot program for debit account telephone system.

Sec. 18-81cc. *(See end of section for amended version and effective date.) Prevention, detection and monitoring of, and response to, sexual abuse in prisons, jails, correctional centers and juvenile facilities.

Sec. 18-81jj. Ombudsman services.

Sec. 18-81kk. Requests for department's provision of documents related to injury resulting in death or permanent disability of inmate. Regulations.

Sec. 18-81ll. Department's responsibilities re release of medical information by inmate to family or emergency contact.

Sec. 18-81mm. Release of inmate self-identified as suffering from opioid use disorder. Information provided.

Sec. 18-82a. Parole officer training on resilience and self-care techniques.

Sec. 18-87. Transfers to other state institutions and to the executive director of the Court Support Services Division of the Judicial Branch.


PART I

GENERAL PROVISIONS

Sec. 18-81s. Pilot program for debit account telephone system. Section 18-81s is repealed, effective July 8, 2019.

(P.A. 02-104, S. 1; P.A. 03-106, S. 2; P.A. 19-167, S. 2.)

Sec. 18-81cc. *(See end of section for amended version and effective date.) Prevention, detection and monitoring of, and response to, sexual abuse in prisons, jails, correctional centers and juvenile facilities. (a) Any agency of the state or any political subdivision of the state that incarcerates or detains adult or juvenile offenders, including persons detained for immigration violations, shall, within available appropriations, adopt and comply with the applicable standards recommended by the National Prison Rape Elimination Commission for the prevention, detection and monitoring of, and response to, sexual abuse in adult prisons and jails, community correctional centers, juvenile facilities and lockups.

(b) Such standards include, but are not limited to:

(1) Zero tolerance of sexual abuse;

(2) Contracting with other entities for the confinement of inmates or detainees;

(3) Inmate or detainee supervision;

(4) Heightened protection for vulnerable detainees;

(5) Limits to cross-gender viewing and searches;

(6) Accommodating inmates or detainees with special needs;

(7) Hiring and promotion decisions;

(8) Assessment and use of monitoring technology;

(9) Evidence protocol and forensic medical examinations;

(10) Agreements with outside public entities and community service providers;

(11) Agreements with outside law enforcement agencies;

(12) Agreements with the prosecuting authority;

(13) Employee training;

(14) Volunteer and contractor training;

(15) Inmate education;

(16) Detainee, attorney, contractor and inmate worker notification of agency's zero-tolerance policy;

(17) Specialized training: Investigations;

(18) Specialized training: Medical and mental health care;

(19) Screening for risk of victimization and abusiveness;

(20) Use of screening information;

(21) Inmate or detainee reporting;

(22) Exhaustion of administrative remedies;

(23) Inmate access to outside confidential support services or legal representation;

(24) Third-party reporting;

(25) Staff and facility or agency head reporting duties;

(26) Reporting to other confinement facilities;

(27) Staff first responder duties;

(28) Coordinated response;

(29) Agency protection against retaliation;

(30) Duty to investigate;

(31) Criminal and administrative agency investigations;

(32) Evidence standard for administrative investigations;

(33) Disciplinary sanctions for staff;

(34) Disciplinary sanctions for inmates;

(35) Referrals for prosecution for detainee-on-detainee sexual abuse;

(36) Medical and mental health screenings: History of sexual abuse;

(37) Access to emergency medical and mental health services;

(38) Ongoing medical and mental health care for sexual abuse victims and abusers;

(39) Sexual abuse incident reviews;

(40) Data collection;

(41) Data review for corrective action;

(42) Data storage, publication, and destruction; and

(43) Audits of standards.

(P.A. 11-159, S. 1; P.A. 15-218, S. 1; P.A. 16-193, S. 6.)

*Note: On and after July 1, 2020, this section, as amended by section 5 of public act 19-187, is to read as follows:

Sec. 18-81cc. Prevention, detection and monitoring of, and response to, sexual abuse in prisons, jails, correctional centers and juvenile facilities. (a) Any agency of the state or any political subdivision of the state that incarcerates or detains adult or juvenile offenders, including persons detained for immigration violations, shall, within available appropriations, adopt and comply with the applicable standards recommended by the National Prison Rape Elimination Commission for the prevention, detection and monitoring of, and response to, sexual abuse in adult prisons and jails, community correctional centers, juvenile facilities and lockups.

(b) Such standards include, but are not limited to:

(1) Zero tolerance of sexual abuse;

(2) Contracting with other entities for the confinement of inmates or detainees;

(3) Inmate or detainee supervision;

(4) Heightened protection for vulnerable detainees;

(5) Limits to cross-gender viewing and searches;

(6) Accommodating inmates or detainees with special needs;

(7) Hiring and promotion decisions;

(8) Assessment and use of monitoring technology;

(9) Evidence protocol and forensic medical examinations;

(10) Agreements with outside public entities and community service providers;

(11) Agreements with outside law enforcement agencies;

(12) Agreements with the prosecuting authority;

(13) Employee training;

(14) Volunteer and contractor training;

(15) Inmate education;

(16) Detainee, attorney, contractor and inmate worker notification of agency's zero-tolerance policy;

(17) Specialized training: Investigations;

(18) Specialized training: Medical and mental health care;

(19) Screening for risk of victimization and abusiveness;

(20) Use of screening information;

(21) Inmate or detainee reporting;

(22) Exhaustion of administrative remedies;

(23) Inmate access to outside confidential support services or legal representation;

(24) Third-party reporting;

(25) Staff and facility or agency head reporting duties;

(26) Reporting to other confinement facilities;

(27) Staff first responder duties;

(28) Coordinated response;

(29) Agency protection against retaliation;

(30) Duty to investigate;

(31) Criminal and administrative agency investigations;

(32) Evidence standard for administrative investigations;

(33) Disciplinary sanctions for staff;

(34) Disciplinary sanctions for inmates;

(35) Referrals for prosecution for detainee-on-detainee sexual abuse;

(36) Medical and mental health screenings: History of sexual abuse;

(37) Access to emergency medical and mental health services;

(38) Ongoing medical and mental health care for sexual abuse victims and abusers;

(39) Sexual abuse incident reviews;

(40) Data collection;

(41) Data review for corrective action;

(42) Data storage, publication, and destruction; and

(43) Audits of standards.

(c) The agency head of any agency of the state or the chief elected official or governing legislative body of any political subdivision of the state that incarcerates or detains juvenile offenders shall, annually, not later than January fifteenth, certify its compliance with the provisions of subsections (a) and (b) of this section to the Criminal Justice Policy and Planning Division within the Office of Policy and Management.”

(P.A. 11-159, S. 1; P.A. 15-218, S. 1; P.A. 16-193, S. 6; P.A. 19-187, S. 5.)

History: P.A. 11-159 effective October 1, 2012; P.A. 15-218 amended Subsec. (a) to add references to juvenile offenders and juvenile facilities; P.A. 16-193 amended Subsec. (a) by substituting “community correctional centers” for “community correction facilities”; P.A. 19-187 added Subsec. (c) re certification of compliance if incarcerating or detaining juvenile offenders, effective July 1, 2020.

Sec. 18-81jj. Ombudsman services. (a) For the purposes of this section, “ombudsman services” includes (1) the receipt of complaints by the ombudsman from persons eighteen years of age or younger in the custody of the Commissioner of Correction regarding decisions, actions, omissions, policies, procedures, rules or regulations of the Department of Correction, (2) investigating such complaints, rendering a decision on the merits of each complaint and communicating the decision to the complainant, (3) recommending to the commissioner a resolution of any complaint found to have merit, (4) recommending policy revisions to the department, and (5) publishing a quarterly report of all ombudsman services activities.

(b) The Commissioner of Correction shall hire a person to provide ombudsman services and shall annually report the name of such person to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction in accordance with the provisions of section 11-4a. In addition to the executive assistant positions authorized under subdivision (10) of section 5-198, the commissioner may hire an executive assistant to carry out the duties of this section.

(c) Prior to any person eighteen years of age or younger in the custody of the Commissioner of Correction obtaining ombudsman services, such person shall have reasonably pursued a resolution of the complaint through any existing internal grievance of appellate procedures of the Department of Correction.

(d) All oral and written communications, and records relating to such communications between a person eighteen years of age or younger in the custody of the Commissioner of Correction and the ombudsman or a member of the ombudsman's staff, including, but not limited to, the identity of a complainant, the details of a complaint and the investigative findings and conclusions of the ombudsman shall be confidential and shall not be disclosed without the consent of the person, except that the ombudsman may disclose without the consent of the person (1) such communications or records as may be necessary for the ombudsman to conduct an investigation and support any recommendations the ombudsman may make, or (2) the formal disposition of a person's complaint when requested in writing by a court that is hearing such person's application for a writ of habeas corpus that was filed subsequent to an adverse finding by the ombudsman on such person's complaint.

(e) Notwithstanding the provisions of subsection (d) of this section, whenever in the course of providing ombudsman services, the ombudsman or a member of the ombudsman's staff becomes aware of the commission or planned commission of a criminal act or a threat to the health and safety of any person or the security of a correctional facility, the ombudsman shall notify the Commissioner of Correction or a facility administrator of such act or threat and the nature and target of the act or threat.

(f) If the Commissioner of Correction has a reasonable belief that a person eighteen years of age or younger in the custody of the commissioner has made or provided to the ombudsman an oral or written communication concerning a safety or security threat within the Department of Correction or directed against an employee of the department, the ombudsman shall provide to the commissioner all oral or written communications relevant to such threat.

(P.A. 19-117, S. 68.)

History: P.A. 19-117 effective July 1, 2019.

Sec. 18-81kk. Requests for department's provision of documents related to injury resulting in death or permanent disability of inmate. Regulations. An inmate, his or her legal representative or the legal representative of the estate of an inmate, who provides a written request for documents to the Department of Correction in connection with a fatal injury suffered by the inmate while incarcerated or an injury that resulted in the inmate suffering a permanent disability while incarcerated, may request documents in the possession of the Department of Correction that are relevant to such injury. The Department of Correction shall ensure that such documentary materials are provided to the inmate, his or her legal representative or the legal representative of the estate of an inmate not later than sixty days after the date of receipt of the written request, unless the disclosure of the documentary materials could pose a risk to safety and security, violates a common law privilege, or is prohibited by state or federal law. If an inmate dies while incarcerated or becomes incapacitated due to an injury suffered while incarcerated, the Department of Correction shall notify the inmate's designated next of kin of the inmate's death or incapacitation, unless providing such notification is not consistent with any prior expressed preference of the inmate that has been made known to the Department of Correction. The Department of Correction shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. Such regulations shall include (1) a process for resolving any dispute concerning the production of documentary materials by the Department of Correction under this section, (2) a delineation of the fees, if any, that the Department of Correction may impose when complying with a request for documentary materials under this section, and (3) the circumstances under which the deadline for production of documents may be extended beyond sixty days.

(P.A. 19-80, S. 1.)

Sec. 18-81ll. Department's responsibilities re release of medical information by inmate to family or emergency contact. The Department of Correction shall post on its Internet web site and in all of its medical units notice informing the inmate that he or she is required to sign a release of information if the inmate wishes the inmate's family or emergency contact to have access to the inmate's medical information. The department shall post the release of information form on its Internet web site and shall be make such form available upon request in all of the department's medical units. The department shall develop a “frequently asked questions” document that details the steps involved in investigating an inmate fatality or permanent injury and includes all relevant forms and contact information. The department shall post the “frequently asked questions” document on its Internet web site and shall make such document available upon request in all of the department's medical units.

(P.A. 19-80, S. 2.)

Sec. 18-81mm. Release of inmate self-identified as suffering from opioid use disorder. Information provided. Not later than forty-five days before the scheduled release of an inmate from the custody of the Commissioner of Correction, including release subject to parole or supervised community setting, the commissioner shall provide each inmate who identifies himself or herself as suffering from opioid use disorder or relapsing into an opioid use disorder, information regarding opioid use disorder treatment options, including information on how to access such options after being released into the community.

(P.A. 19-167, S. 1.)

Sec. 18-82a. Parole officer training on resilience and self-care techniques. In consultation with the Department of Mental Health and Addiction Services, the Department of Correction shall provide resilience and self-care technique training for each parole officer, as defined in section 31-294k, hired on or after January 1, 2020.

(P.A. 19-17, S. 9.)

History: P.A. 19-17 effective July 1, 2019.

Sec. 18-87. Transfers to other state institutions and to the executive director of the Court Support Services Division of the Judicial Branch. 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 Court Support Services Division of the Judicial Branch when the Commissioner of Correction finds that the welfare or health of the inmate requires it. When an inmate, after the expiration of his or her sentence, is committed to or otherwise remains in the institution to which he or she was transferred, the expense of his or her 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-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 Court Support Services Division of the Judicial Branch. No transfer of any person who has not attained the age of eighteen years shall be made to the Court Support Services Division of the Judicial Branch unless the executive director of the Court Support Services Division of the Judicial Branch finds that such person would benefit from a transfer to the Court Support Services Division of the Judicial Branch and agrees to accept such person and such person has given such person's written consent to such transfer. Such person transferred to the Court Support Services Division of the Judicial Branch shall be deemed to be committed to the custody of the executive director of the Court Support Services Division of the Judicial Branch. The executive director of the Court Support Services Division of the Judicial Branch shall have the power to terminate the commitment and release such person at any time the executive director of the Court Support Services Division of the Judicial Branch 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 Court Support Services Division of the Judicial Branch shall not result in the person so transferred being in the custody of the Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Branch for a total of less than the minimum or more than the maximum term such person would have been in the custody of the Commissioner of Correction had such person 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; P.A. 18-31, S. 23; P.A. 19-32, S. 8; 19-118, S. 37.)

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 18 rather than 20, 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; P.A. 18-31 replaced references to Department of Children and Families with references to Court Support Service Division of the Judicial Branch and references to Commissioner of Children and Families with references to executive director of the Court Support Service Division of the Judicial Branch and made technical changes, effective July 1, 2018; P.A. 19-32 made a technical change; P.A. 19-118 deleted reference to Sec. 17b-256 and made a technical change, effective July 1, 2019.