Sec. 54-91a. (Formerly Sec. 54-109). Presentence investigation of defendant.
Sec. 54-124a. Board of Pardons and Paroles.
Sec. 54-125j. Reporting re outcomes of parole revocation hearings.
Sec. 54-130e. Provisional pardons. Certificates of rehabilitation.
Sec. 54-86. Depositions. (a) In any case involving an offense for which the punishment may be imprisonment for more than one year, the Superior Court or a judge thereof may, upon the application of the accused, or of the state in the case of a witness who is infirm and seventy-five years of age or older, order that the deposition of a witness shall be taken before a commissioner, judge or magistrate, to be designated by the court or judge, if it appears that his or her testimony will be required at trial and that, by reason of bodily infirmity, age or residence out of this state, he or she will be unable to testify at trial.
(b) Reasonable notice of the time when and place where the examination will be had and of the interrogatories to be propounded shall be given to the state's attorney or assistant state's attorney for the judicial district in which the prosecution is pending; and such attorney may, within such time as the court or judge limits, file with the clerk of the court additional interrogatories to be propounded to the witness to be examined.
(c) Depositions so taken, opened by and filed with the clerk within such time as the court or judge directs, may be used at trial.
(1949 Rev., S. 8802; 1963, P.A. 642, S. 71; P.A. 73-116, S. 27; 73-667, S. 1, 2; P.A. 74-48; P.A. 75-567, S. 34, 80; P.A. 76-436, S. 476, 681; P.A. 78-280, S. 1, 127; P.A. 80-313, S. 34; P.A. 21-102, S. 1.)
History: 1963 act updated statute, deleting provisions for court of common pleas and prosecuting attorney; P.A. 73-116 added reference to judicial districts; P.A. 73-667 changed effective date of P.A. 73-667 from October 1, 1973, to December 31, 1973; P.A. 74-48 amended section to include depositions in circuit court cases involving Class D felonies, adding reference to prosecuting attorneys and circuits; P.A. 75-567 deleted changes enacted by P.A. 74-48, except for reference to prosecuting attorneys, reflecting reorganization of judicial system in P.A. 74-183; P.A. 76-436 applied provisions to cases where punishment may be imprisonment for more than one year and substituted assistant state's attorneys for prosecuting attorneys, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 80-313 divided section into Subsecs. and restated provisions; P.A. 21-102 amended Subsec. (a) to add provision re witness who is infirm and 75 years of age or older, add “, judge” re deposition and “, age” re reason for inability to testify at trial, and make technical changes.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-91a. (Formerly Sec. 54-109). Presentence investigation of defendant. (a) No defendant convicted of a crime, other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012, the punishment for which may include imprisonment for more than one year, may be sentenced, or the defendant's case otherwise disposed of, until a written report of investigation by a probation officer has been presented to and considered by the court, if the defendant is so convicted for the first time in this state or upon any conviction of a felony involving family violence pursuant to section 46b-38a for which the punishment may include imprisonment; but any court may, in its discretion, order a presentence investigation for a defendant convicted of any crime or offense other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012.
(b) A defendant who is convicted of a crime and is not eligible for sentence review pursuant to section 51-195 may, with the consent of the sentencing judge and the prosecuting official, waive the presentence investigation, except that the presentence investigation may not be waived when the defendant is convicted of a felony involving family violence pursuant to section 46b-38a and the punishment for which may include imprisonment.
(c) Whenever an investigation is required, the probation officer shall promptly inquire into the circumstances of the offense, the attitude of the complainant or victim, or of the immediate family where possible in cases of homicide, and the criminal record, social history and present condition of the defendant. Such investigation shall include an inquiry into any damages suffered by the victim, including medical expenses, loss of earnings and property loss. All local and state police agencies shall furnish to the probation officer such criminal records as the probation officer may request. When in the opinion of the court or the investigating authority it is desirable, such investigation shall include a physical and mental examination of the defendant. If the defendant is committed to any institution, the investigating agency shall send the reports of such investigation to the institution at the time of commitment.
(d) In lieu of ordering a full presentence investigation, the court may order an abridged version of such investigation, which (1) shall contain (A) identifying information about the defendant, (B) information about the pending case from the record of the court, (C) the circumstances of the offense, (D) the attitude of the complainant or victim, (E) any damages suffered by the victim, including medical expenses, loss of earnings and property loss, and (F) the criminal record of the defendant, and (2) may encompass one or more areas of the social history and present condition of the defendant, including family background, significant relationships or children, educational attainment or vocational training, employment history, financial situation, housing situation, medical status, mental health status, substance abuse history, the results of any clinical evaluation conducted of the defendant or any other information required by the court that is consistent with the provisions of this section. If the court orders an abridged version of such investigation for a felony involving family violence, as defined in section 46b-38a, the abridged version of such investigation shall, in addition to the information set forth in subdivision (1) of this subsection, contain the following information concerning the defendant: (A) Family background, (B) significant relationships or children, (C) mental health status, and (D) substance abuse history.
(e) Any information contained in the files or report of an investigation pursuant to this section shall be available to the Court Support Services Division for the purpose of performing the duties contained in section 54-63d and to the Department of Mental Health and Addiction Services for purposes of diagnosis and treatment.
(1955, S. 3337d; 1957, P.A. 639, S. 1; 1959, P.A. 615, S. 14; P.A. 76-336, S. 6; P.A. 78-188, S. 5, 8; P.A. 80-313, S. 48; P.A. 82-281; 82-298, S. 5; P.A. 85-98; P.A. 90-261, S. 12, 19; P.A. 95-225, S. 35; 95-261, S. 4; P.A. 00-64, S. 1; P.A. 02-132, S. 41; P.A. 03-48, S. 1; P.A. 12-5, S. 30; P.A. 17-31, S. 8; P.A. 19-64, S. 12; P.A. 21-40, S. 54.)
History: 1959 act required report of probation officer's investigation prior to sentencing if defendant's record discloses a conviction obtained prior to three years from present conviction; P.A. 76-336 substituted references to capital felony for references to first degree murder where appearing; P.A. 78-188 required that criminal records be furnished to restitution specialists upon their request; P.A. 80-313 divided section into Subsecs. and substituted “may” for “shall” in provision re required reports of probation officer in Subsec. (a); Sec. 54-109 transferred to Sec. 54-91a in 1981; P.A. 82-281 amended Subsec. (a)(2) to increase from three to five years the period of time between convictions, and inserted a new Subsec. (b) authorizing certain defendants to waive the investigation, relettering former Subsec. (b) accordingly; P.A. 82-298 deleted references to restitution specialists in newly relettered Subsec. (c); P.A. 85-98 amended Subsec. (c) by adding provision requiring the investigation to include an inquiry into any damages suffered by the victim; P.A. 90-261 amended Subsec. (c) by adding provision requiring the investigation to include an inquiry into whether the department of correction recommends that the defendant participate in a special alternative incarceration program; P.A. 95-225 and P.A. 95-261 both added substantially identical provisions as new Subsec. (d) authorizing the disclosure of information in the files or report of an investigation to the Office of the Bail Commission for the purpose of performing the duties in Sec. 54-63d (Revisor's note: P.A. 95-225 provided that “Any information contained in the files or report of an investigation made pursuant to this section may be disclosed to the Office of the Bail Commission …”, whereas P.A. 95-261 provided that “Any information contained in the files or report of an investigation pursuant to this section shall be available to the Office of the Bail Commission …”); P.A. 00-64 amended Subsec. (a) by making technical changes and deleting provision that required investigation if record of defendant, as shown by prosecutor, discloses conviction obtained prior to five years from guilty finding in present prosecution, and amended Subsec. (d) by adding provision making information contained in files or report available to Department of Mental Health and Addiction Services for purposes of diagnosis and treatment; P.A. 02-132 amended Subsec. (d) by replacing “Office of the Bail Commission” with “Court Support Services Division”; P.A. 03-48 amended Subsec. (c) to delete provision requiring investigation to include an inquiry into whether the Department of Correction recommends that the defendant participate in a special alternative incarceration program in accordance with Sec. 53a-39b, reflecting repeal of said Sec. by the same public act; P.A. 12-5 amended Subsec. (a) to add references to provisions of Sec. 53a-54b in effect prior to April 25, 2012, re capital felony and add references to murder with special circumstances under Sec. 53a-54b, effective April 25, 2012; P.A. 17-31 amended Subsecs. (a) and (b) to add provisions re felony involving family violence; P.A. 19-64 added new Subsec. (d) re court's authority to order abridged version of presentence investigation of defendant and redesignated existing Subsec. (d) as Subsec. (e); P.A. 21-40 made a technical change in Subsec. (d).
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-91c. *(See end of section for amended version of subsection (d) and effective date.) Testimony of victim or representative of deceased victim prior to acceptance of plea agreement and at sentencing hearing. Terms of proposed plea agreement. Notification by state's attorney. (a) For the purposes of this section, “victim” means a person who is a victim of a crime, the legal representative of such person, a member of a deceased victim's immediate family or a person designated by a deceased victim in accordance with section 1-56r.
(b) Prior to the imposition of sentence upon any defendant who has been found guilty of any crime or has pleaded guilty or nolo contendere to any crime, and prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state wherein the defendant pleads to a lesser offense than the offense with which such defendant was originally charged, the court shall permit any victim of the crime to appear before the court for the purpose of making a statement for the record, which statement may include the victim's opinion of any plea agreement. In lieu of such appearance, the victim may submit a written statement or, if the victim of the crime is deceased, the legal representative or a member of the immediate family of such deceased victim may submit a statement of such deceased victim to the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case. Such state's attorney, assistant state's attorney or deputy assistant state's attorney shall file the statement with the sentencing court and the statement shall be made a part of the record at the sentencing hearing. Any such statement, whether oral or written, shall relate to the facts of the case, the appropriateness of any penalty and the extent of any injuries, financial losses and loss of earnings directly resulting from the crime for which the defendant is being sentenced. The court shall inquire on the record whether any victim is present for the purpose of making an oral statement or has submitted a written statement. If no victim is present and no such written statement has been submitted, the court shall inquire on the record whether an attempt has been made to notify any such victim as provided in subdivision (1) of subsection (c) of this section or, if the defendant was originally charged with a violation of section 53a-167c for assaulting a peace officer, whether the peace officer has been personally notified as provided in subdivision (2) of subsection (c) of this section. After consideration of any such statements, the court may refuse to accept, where appropriate, a negotiated plea or sentence, and the court shall give the defendant an opportunity to enter a new plea and to elect trial by jury or by the court.
(c) (1) Except as provided in subdivision (2) of this subsection, prior to the imposition of sentence upon such defendant and prior to the acceptance of a plea pursuant to a plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall notify the victim of such crime of the date, time and place of the original sentencing hearing or any judicial proceeding concerning the acceptance of a plea pursuant to a plea agreement, provided the victim has informed such state's attorney, assistant state's attorney or deputy assistant state's attorney that such victim wishes to make or submit a statement as provided in subsection (b) of this section and has complied with a request from such state's attorney, assistant state's attorney or deputy assistant state's attorney to submit a stamped, self-addressed postcard for the purpose of such notification.
(2) Prior to the imposition of sentence upon a defendant originally charged with a violation of section 53a-167c for assaulting a peace officer, and prior to the acceptance of a plea pursuant to a plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall personally notify the peace officer who was the victim of such crime of the date, time and place of the original sentencing hearing or any judicial proceeding concerning the acceptance of a plea pursuant to a plea agreement.
(3) If the state's attorney, assistant state's attorney or deputy assistant state's attorney is unable to notify the victim, such state's attorney, assistant state's attorney or deputy state's attorney shall sign a statement as to such notification.
*(d) Upon the request of a victim, prior to the acceptance by the court of a plea of a defendant pursuant to a proposed plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall provide such victim with the terms of such proposed plea agreement in writing. If the terms of the proposed plea agreement provide for a term of imprisonment which is more than two years or a total effective sentence of more than a two-year term of imprisonment, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall indicate: (1) The maximum period of imprisonment that may apply to the defendant; (2) whether the defendant may be eligible to earn risk reduction credits pursuant to section 18-98e; and (3) whether the defendant may be eligible to apply for release on parole pursuant to section 54-125a.
(e) The provisions of this section shall not apply to any proceedings held in accordance with section 46b-121 or section 54-76h.
(P.A. 81-324, S. 1–3, 5; P.A. 85-117; P.A. 86-401, S. 2, 7; P.A. 98-53; P.A. 99-247, S. 1; P.A. 00-200, S. 3; P.A. 01-211, S. 10; P.A. 02-105, S. 13; P.A. 03-179, S. 1; P.A. 10-42, S. 1; P.A. 17-217, S. 2.)
*Note: On and after January 1, 2023, subsection (d) of this section, as amended by section 14 of public act 21-33, is to read as follows:
“(d) Upon the request of a victim, prior to the acceptance by the court of a plea of a defendant pursuant to a proposed plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall provide such victim with the terms of such proposed plea agreement in writing. If the terms of the proposed plea agreement provide for a term of imprisonment which is more than two years or a total effective sentence of more than a two-year term of imprisonment, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall indicate: (1) The maximum period of imprisonment that may apply to the defendant; (2) whether the defendant may be eligible to earn risk reduction credits pursuant to section 18-98e; (3) whether the defendant may be eligible to apply for release on parole pursuant to section 54-125a; and (4) whether the defendant may be eligible for automatic erasure of such defendant's criminal conviction pursuant to subsection (e) of section 54-142a.”
(P.A. 81-324, S. 1–3, 5; P.A. 85-117; P.A. 86-401, S. 2, 7; P.A. 98-53; P.A. 99-247, S. 1; P.A. 00-200, S. 3; P.A. 01-211, S. 10; P.A. 02-105, S. 13; P.A. 03-179, S. 1; P.A. 10-42, S. 1; P.A. 17-217, S. 2; P.A. 21-33, S. 14.)
History: 85-117 amended Subsecs. (a) and (b) by adding “or a violation of section 53a-72a or 53a-72b”; P.A. 86-401 amended Subsecs. (b) and (c) permitting victim to make statement prior to acceptance plea of guilty or nolo contendere pursuant to plea agreement wherein defendant pleads to lesser offense and requiring state's attorney to notify victim of any such judicial proceeding; P.A. 98-53 amended Subsec. (b) by adding provision re statement by representative or family member of deceased victim and re inclusion of the appropriateness of penalty in any written or oral statement; P.A. 99-247 added new Subsec. (d) to require the prosecutorial official to provide a victim, upon such victim's request, with the terms of a proposed plea agreement in writing prior to the court's acceptance of the defendant's plea, relettering former Subsec. (d) as Subsec. (e), and made a technical change for purposes of gender neutrality; P.A. 00-200 amended Subsec. (b) by making a technical change and adding provision that statement of victim may include victim's opinion of plea agreement, and amended Subsec. (c) by providing that, if victim of crime is deceased, legal representative or family member shall inform prosecutor of wish to give statement and to be notified, and if prosecutor is unable to notify, such prosecutor shall sign statement as to notification; P.A. 01-211 amended Subsec. (a) to redefine “victim” as a person who is a victim of “a crime” rather than “a class A, B or C felony or a violation of section 53a-72a or 53a-72b”, amended Subsec. (b) to make provisions applicable with respect to the sentencing of a defendant convicted of “any crime” rather than “any class A, B or C felony or a violation of section 53a-72a or 53a-72b” and amended Subsec. (c) to delete language re deceased crime victim; P.A. 02-105 amended Subsec. (a) by adding a person designated by a victim pursuant to Sec. 1-56r to definition of “victim”; P.A. 03-179 amended Subsec. (b) by replacing “permit the victim” with “permit any victim”, adding provisions re inquiry of the court on the record and making technical changes; P.A. 10-42 amended Subsec. (b) to specify that notification of victim is as provided in Subsec. (c)(1) and add provision requiring court to inquire, if defendant was originally charged with violation of Sec. 53a-167c for assaulting a peace officer, whether peace officer has been personally notified as provided in Subsec. (c)(2) and amended Subsec. (c) to designate existing provisions re notification of victim as Subdiv. (1) and amend same by adding exception re Subdiv. (2) and replacing “advise” with “notify”, add Subdiv. (2) re notification of peace officer assaulted in violation of Sec. 53a-167c and designate existing provision re statement of prosecutor if unable to notify victim as Subdiv. (3); P.A. 17-217 amended Subsec. (d) to add provision re terms of proposed plea agreement that provide for term of imprisonment of more than 2 years or total effective sentence of more than a 2-year term of imprisonment; P.A. 21-33 amended Subsec. (d) by adding Subdiv. (4) re defendant eligibility for automatic erasure of criminal conviction, effective January 1, 2023.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-95c. Application to vacate certain convictions on basis of being a victim of trafficking in persons. Notification to victims of crimes for which vacatur is sought. Prosecutor's response. Court order. Not grounds for an award of compensation. (a) At any time after a court enters a judgment of conviction for any misdemeanor offense or a class C, D or E felony or any unclassified felony offense carrying a term of imprisonment of not more than ten years, the defendant may apply to the Superior Court to vacate such judgment of conviction on the basis that his or her participation in the offense was a result of having been a victim of conduct of another person that constitutes (1) trafficking in persons under section 53a-192a, or (2) a criminal violation of 18 USC Chapter 77, as amended from time to time.
(b) Any person seeking to have a judgment vacated pursuant to this section shall send notice by registered or certified mail on a form prescribed by the Office of the Chief Court Administrator to any victim of the crime for which such person was convicted. The notice shall inform each victim that such person has applied to vacate such conviction and the victim has the opportunity to be heard by the court on the application.
(c) Prior to rendering a decision on a defendant's application to vacate any judgment of conviction, the court shall afford the prosecutor a reasonable opportunity to investigate the defendant's claim, and shall provide the victim and the prosecutor an opportunity to be heard regarding the defendant's application.
(d) If the defendant proves that he or she was a victim of trafficking in persons pursuant to section 53a-192a, or a victim of a criminal violation of 18 USC Chapter 77, as amended from time to time, at the time of any offense described in subsection (a) of this section for which the defendant has applied for vacatur, (1) the court shall vacate any judgment of conviction entered for a violation of section 53a-82 and dismiss the charge related to such conviction, and (2) the court may, in its discretion, vacate any judgment of conviction entered for any other misdemeanor offense or a class C, D or E felony or any unclassified felony offense carrying a term of imprisonment of not more than ten years for which the defendant has applied for vacatur pursuant to this section and shall dismiss the charge related to any such conviction.
(e) The vacating of a judgment of conviction and dismissal of charges pursuant to this section shall not constitute grounds for an award of compensation for wrongful arrest, prosecution, conviction or incarceration pursuant to section 54-102uu or any other provision of the general statutes.
(P.A. 13-166, S. 5; P.A. 16-71, S. 15; P.A. 21-103, S. 7; 21-104, S. 62.)
History: P.A. 16-71 replaced provision re at time of offense defendant was a victim of human trafficking with provision re defendant's participation in offense was a result of having been a victim of human trafficking and made technical changes; P.A. 21-103 designated existing provisions as Subsec. (a) and amended same to replace reference to Sec. 53a-82 re judgment of conviction with provision re misdemeanor offenses or certain felonies, delete provisions re prosecutor's reasonable opportunity to investigate defendant's claim, court vacating judgment of conviction and vacating of judgment and dismissal of charges not to constitute grounds for award of compensation, and make technical changes, added Subsec. (b) re notice to victims, added Subsec. (c) re prosecutor's reasonable opportunity to investigate defendant's claim, added Subsec. (d) re process for vacatur and added Subsec. (e) re vacating of judgment and dismissal of charges not to constitute grounds for award of compensation; P.A. 21-104 amended Subsec. (d) to change “18 USC Chapter 433” to “18 USC Chapter 77” and “misdemeanor” to “other misdemeanor”.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-105a. (Note: This section is repealed, effective October 1, 2022.) Funds for the probation transition program and technical violation units. For the fiscal year ending June 30, 2008, and each fiscal year thereafter, any revenue derived by the Department of Administrative Services from the contract for the provision of pay telephone service to inmates of correctional facilities that is remaining after any required transfer to the Department of Correction pursuant to section 18-81x, or that is remaining after any of such revenue is made available to the Department of Administrative Services to administer the criminal justice information system, shall be transferred to the Judicial Department for staffing and services necessary for the state-wide expansion of the probation transition program and the technical violation units.
(June Sp. Sess. P.A. 07-4, S. 36; P.A. 11-51, S. 76; P.A. 21-54, S. 3.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007; pursuant to P.A. 11-51, “Department of Information Technology” was changed editorially by the Revisors to “Department of Administrative Services”, effective July 1, 2011; P.A. 21-54 repealed section, effective October 1, 2022.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-108f. Issuance of certificate of rehabilitation by Court Support Services Division. Modification or revocation. (a) The Court Support Services Division of the Judicial Branch may issue a certificate of rehabilitation to an eligible offender who is under the supervision of the division while on probation or other supervised release, or may issue a new certificate of rehabilitation to enlarge the relief previously granted under such certificate of rehabilitation or revoke any such certificate of rehabilitation in accordance with the provisions of section 54-130e that are applicable to certificates of rehabilitation. If the division issues, enlarges the relief previously granted under a certificate of rehabilitation or revokes a certificate of rehabilitation under this section, the division shall immediately file written notice of such action with the Board of Pardons and Paroles. Nothing in section 54-130e shall require the division to continue monitoring the criminal activity of any person to whom the division has issued a certificate of rehabilitation but who is no longer under the supervision of the division.
(b) Not later than October 1, 2015, and annually thereafter, the Court Support Services Division shall submit to the Office of Policy and Management and the Connecticut Sentencing Commission, in such form as the office may prescribe, data regarding the administration of certificates of rehabilitation, which shall include data on the number of certificates issued by the division and the number of certificates revoked by the division.
(P.A. 14-27, S. 3; P.A. 21-104, S. 49.)
History: P.A. 21-104 amended Subsec. (f) to add provision re continued monitoring of person issued certificate, effective June 28, 2021.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-124a. Board of Pardons and Paroles. (a)(1) There shall be a Board of Pardons and Paroles within the Department of Correction, for administrative purposes only. On and after July 1, 2015, the board shall consist of ten full-time and up to five part-time members appointed by the Governor with the advice and consent of both houses of the General Assembly. The term of any part-time member serving on the board on June 30, 2015, shall expire on said date. On or after July 1, 2015, the Governor may appoint up to five persons to serve as part-time members. In the appointment of the members, the Governor shall specify if the member is being appointed as full-time or part-time. In the appointment of the members, the Governor shall comply with the provisions of section 4-9b. The Governor shall appoint a chairperson from among the membership. The members of the board shall be qualified by education, experience or training in the administration of community corrections, parole or pardons, criminal justice, criminology, the evaluation or supervision of offenders or the provision of mental health services to offenders. Each appointment of a member of the board submitted by the Governor to the General Assembly, except as provided in subdivision (2) of this subsection, shall be referred, without debate, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary which shall report on each appointment not later than thirty legislative days after the date of reference.
(2) If, not later than September 1, 2015, the Governor appoints a part-time member and such member was previously a member whose term expired June 30, 2015, such appointment shall take effect immediately without confirmation by the General Assembly.
(b) The term of each member of the board shall be coterminous with the term of the Governor or until a successor is chosen, whichever is later. Any vacancy in the membership of the board shall be filled for the unexpired portion of the term by the Governor.
(c) Ten of the members of the board shall devote full time to the performance of their duties under this section and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40. The other members of the board shall receive one hundred ten dollars for each day spent in the performance of their duties and shall be reimbursed for necessary expenses incurred in the performance of such duties. The chairperson or, in the chairperson's absence or inability to act, a member designated by the chairperson to serve temporarily as chairperson, shall be present at all meetings of the board and participate in all decisions.
(d) The chairperson shall be the executive and administrative head of said board and shall have the authority and responsibility for (1) overseeing all administrative affairs of the board, (2) assigning members to panels, (3) establishing procedural rules for members to follow when conducting hearings, reviewing recommendations made by employees of the board and making decisions, (4) adopting policies in all areas of pardons and paroles including, but not limited to, granting pardons, commutations of punishments or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death, risk-based structured decision making and release criteria, (5) consulting with the Department of Correction on shared issues including, but not limited to, prison overcrowding, (6) consulting with the Judicial Branch on shared issues of community supervision, and (7) signing and issuing subpoenas to compel the attendance and testimony of witnesses at parole proceedings. Any such subpoena shall be enforceable to the same extent as subpoenas issued pursuant to section 52-143.
(e) (1) Each parole release panel shall be composed of three members, one of whom shall be the chairperson or a full-time member designated by the chairperson to serve temporarily as chairperson.
(2) Each pardons panel shall be composed of three members, one of whom may be the chairperson, except that for hearings on commutations from the penalty of death, one member of the panel shall be the chairperson.
(3) Each panel that discharges persons on parole from the custody of the Commissioner of Correction or that terminates the period of special parole for persons shall be composed of three members, one of whom shall be the chairperson or a full-time member designated by the chairperson to serve temporarily as chairperson.
(f) The Board of Pardons and Paroles shall have independent decision-making authority to (1) grant or deny parole in accordance with sections 54-125, 54-125a, 54-125e and 54-125g, (2) establish conditions of parole or special parole supervision in accordance with section 54-126, (3) rescind or revoke parole or special parole in accordance with sections 54-127 and 54-128, (4) grant commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death in accordance with section 54-130a, (5) discharge any person on parole or inmate eligible for parole from the custody of the Commissioner of Correction pursuant to section 54-129, and (6) terminate special parole in accordance with section 54-129.
(g) The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the Board of Pardons and Paroles during such person's period of parole or special parole.
(h) The chairperson, or the chairperson's designee, and two members of the board shall conduct all parole release hearings, and shall approve or deny all (1) parole revocations and parole rescissions recommended by an employee of the board pursuant to section 54-127a, and (2) recommendations for parole pursuant to section 54-125i. No panel of the Board of Pardons and Paroles shall hold a hearing to determine the suitability for parole release of any person unless the chairperson of the board has made reasonable efforts to determine the existence of and obtain all information deemed pertinent to the panel's decision and has certified that all such pertinent information determined to exist has been obtained or is unavailable.
(i) The chairperson of the board shall appoint an executive director. The executive director shall oversee the administration of the agency and, at the discretion of the chairperson, shall: (1) Direct and supervise all administrative affairs of the board, (2) prepare the budget and annual operation plan, (3) assign staff to administrative reviews, (4) organize pardons and parole release hearing calendars, (5) implement a uniform case filing and processing system, and (6) create programs for staff and board member development, training and education.
(j) The chairperson, in consultation with the executive director, shall adopt regulations, in accordance with chapter 54, concerning:
(1) Parole revocation and rescission hearings that include implementing due process requirements;
(2) An expedited pardons review that allows an applicant convicted of a crime to be granted a pardon with respect to such crime without a hearing, unless a victim of such crime requests such a hearing, if such applicant was convicted of a nonviolent crime;
(3) Requiring board members to issue written statements containing the reasons for rejecting any application for a pardon.
(k) The Board of Pardons and Paroles shall hold a pardons hearing at least once every three months and shall hold such hearings in various geographical areas of the state. The board shall not hold a pardons hearing within or on the grounds of a correctional facility except when solely for the benefit of applicants who are incarcerated at the time of such hearing.
(l) The chairperson and executive director shall establish:
(1) In consultation with the Department of Correction, a parole orientation program for all parole-eligible inmates upon their transfer to the custody of the Commissioner of Correction that will provide general information on the laws and policies regarding parole release, calculation of time-served standards, general conditions of release, supervision practices, revocation and rescission policies, and procedures for administrative review and panel hearings, and any other information that the board deems relevant for preparing inmates for parole;
(2) An incremental sanctions system for parole violations including, but not limited to, reincarceration based on the type, severity and frequency of the violation and specific periods of incarceration for certain types of violations;
(3) A formal training program for members of the board and parole officers, to be completed annually by each member, that shall include, but not be limited to, an overview of the criminal justice system, the parole system including factors to be considered in granting parole, victim rights and services, reentry strategies, risk assessment, case management and mental health issues; and
(4) A formal training program to be completed annually by each member of the board on the pardons process, including information concerning collateral consequences a person with a criminal record may face due to having a criminal record, such as when applying for housing or employment.
(m) The board shall employ at least one psychologist with expertise in risk assessment and recidivism of criminal offenders who shall be under the supervision of the chairperson and assist the board in its parole release decisions.
(n) In the event of the temporary inability of any member other than the chairperson to perform his or her duties, the Governor, at the request of the board, may appoint a qualified person to serve as a temporary member during such period of inability.
(o) The chairperson of the Board of Pardons and Paroles shall: (1) Adopt an annual budget and plan of operation, (2) adopt such rules as deemed necessary for the internal affairs of the board, and (3) submit an annual report to the Governor and General Assembly.
(p) Any decision of the board or a panel of the board shall be made by a majority of those members present.
(1967, P.A. 152, S. 48; 1969, P.A. 537, S. 1; 1971, P.A. 230; 1972, P.A. 23, S. 1; P.A. 74-338, S. 57, 94; P.A. 77-614, S. 134, 610; P.A. 79-560, S. 32, 39; June Sp. Sess. P.A. 83-18; P.A. 93-219, S. 3, 14; P.A. 94-183, S. 1, 3; May 25 Sp. Sess. P.A. 94-1, S. 64, 130; P.A. 95-189, S. 1, 2; P.A. 98-234, S. 1, 5; June 30 Sp. Sess. P.A. 03-6, S. 161; P.A. 04-234, S. 1; P.A. 05-84, S. 1, 2; 05-288, S. 187; Jan. Sp. Sess. P.A. 08-1, S. 12; Sept. Sp. Sess. P.A. 09-7, S. 36; P.A. 10-14, S. 1; 10-36, S. 29; P.A. 14-27, S. 8; June Sp. Sess. P.A. 15-2, S. 9; P.A. 19-84, S. 3, 4; P.A. 21-32, S. 1.)
History: 1969 act specified that board of parole is autonomous body within department of correction solely for fiscal and budgetary purposes, increased membership from 7 to 9 and provided for their appointment, updated previous appointment provisions to provide ongoing applicability, deleted provision requiring 3 members for quorum and added provisions re assignment of members to panels and duties of panels; 1971 act deleted obsolete provision re appointment of additional members enacted in 1969 and added provision re appointment of temporary members; 1972 act increased membership to 11 and provided for their appointment; P.A. 74-338 deleted obsolete provision re initial appointment of additional members provided for in 1972 act; P.A. 77-614 provided for compensation of chairman as determined by commissioner of administrative services rather than by personnel policy board; P.A. 79-560 specified that board is within department of correction for “administrative” rather than for “fiscal and budgetary” purposes; June Sp. Sess. P.A. 83-18 increased the per diem compensation of members from $75 to $110; P.A. 93-219 inserted Subsec. indicators, amended Subsec. (a) to increase the number of members on and after July 1, 1994, from 11 to 13, require the chairman to be qualified by training, experience or education in law, criminal justice, parole matters or other related fields and require the governor to endeavor to reflect the racial diversity of the state when making appointments, added a new Subsec. (b) to require the term of the chairman to be coterminous with that of the governor, provide that the terms of all other members expire on July 1, 1994, that on and after said date 6 members shall be appointed for 2 years and 6 members appointed for 4 years and that thereafter all members shall serve for terms of 4 years and require the governor to fill any vacancy, amended Subsec. (d) to set forth the powers and duties of the chairman and added a new Subsec. (g) to set forth the duties of the board, effective July 1, 1994; P.A. 94-183 and May 25 Sp. Sess. P.A. 94-1 both amended Subsec. (a) to delete provision that the board of parole “shall be an autonomous body and within the department of correction for administrative purposes only”, effective July 1, 1994; P.A. 95-189 added new Subsec. (d)(10) re noninstitutional, community-based service programs, renumbering former Subdiv. (10) as Subdiv. (11), effective July 1, 1995; P.A. 98-234 amended Subsec. (a) to increase the number of members on and after July 1, 1998 from 13 to 15, provide for the appointment of 2 vice-chairmen and make the provision re qualifications of the chairman also applicable to the vice-chairmen, amended Subsec. (b) to provide that the term of each vice-chairman shall be the same as that of the chairman, amended Subsec. (c) to make provision re performance of duties by and compensation of the chairman also applicable to the vice-chairmen, and added Subsec. (d)(12) authorizing the signing and issuing of subpoenas and add provision that any such subpoena shall be enforceable to the same extent as subpoenas issued under Sec. 52-143, effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to place board “within the Department of Correction” and delete an obsolete date, amended Subsec. (c) to delete requirement that the vice-chairmen devote their entire time to the performance of their duties and replace “entire time” with “full time” and amended Subsec. (d) to delete provision that designated the chairman as the executive and administrative head of the board, designate the Commissioner of Correction rather than the chairman as the person having the authority and responsibility for the duties set forth in said Subsec., delete former Subdiv. (11) re consulting with the Department of Correction on shared issues including, but not limited to, prison overcrowding, and redesignate existing Subdiv. (12) as new Subdiv. (11), effective August 20, 2003; P.A. 04-234 amended Subsec. (a) to rename “Board of Parole” as “Board of Pardons and Paroles”, provide that board is within Department of Correction “for administrative purposes only”, provide that on and after October 1, 2004, board shall consist of 13 rather than 15 members, require that all 13 members, rather than only chairman and 2 vice-chairmen, be appointed by the Governor with advice and consent of either house of the General Assembly, provide that chairperson shall be qualified by education, experience and training “in the administration of community corrections, parole or pardons” rather than “in law, criminal justice, parole matters or other related fields”, delete provision re qualifications of vice-chairmen and other members and add provision requiring the Governor to appoint chairperson from among membership, amended Subsec. (b) to add provision that term of each appointed member of board serving on September 30, 2004, shall expire on that date, provide that term of each member of board beginning on or after October 1, 2004, rather than only term of chairman and each vice-chairman, shall be coterminous with term of the Governor, and delete provision re appointment on or after July 1, 1994, of members other than chairman for staggered terms, amended Subsec. (c) to make technical changes, amended Subsec. (d) to designate chairperson rather than Commissioner of Correction as person having authority and responsibility for duties set forth in said Subsec., provide that chairperson shall be executive and administrative head of the board, replace in Subdiv. (1) “directing and supervising” with “overseeing”, delete former Subdivs. (2) to (5), inclusive, to reflect transfer of duties to executive director under new Subsec. (i)(2) to (5), redesignate existing Subdiv. (6) as new Subdiv. (2) and amend said Subdiv. to replace “establishing policy in all areas of parole including, but not limited to, decision making, release criteria and supervision standards” with “adopting policies in all areas of pardons and paroles including, but not limited to, granting pardons, commutations of punishments or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death, risk-based structured decision-making and release criteria”, delete former Subdiv. (7) re establishing specialized parole units, delete former Subdiv. (8) re entering into contracts with service providers, community programs and consultants, delete former Subdiv. (9) to reflect transfer of duty to executive director under new Subsec. (i)(6), delete former Subdiv. (10) re establishing, developing and maintaining noninstitutional, community-based service programs, add new Subdiv. (3) re consulting with Department of Correction on shared issues including, but not limited to, prison overcrowding, add new Subdiv. (4) re consulting with Judicial Department on shared issues of community supervision, and redesignate existing Subdiv. (11) re subpoenas as new Subdiv. (5), amended Subsec. (e) to authorize chairperson to serve on both pardons panels and parole release panels, require chairperson to assign 7 members exclusively to parole release hearings and 5 members exclusively to pardons hearings, prohibit member assigned to one type of hearing to be subsequently assigned to other type of hearing, add provision re composition of each pardons panel and make technical changes, added new Subsec. (f) re independent decision-making authority of the board, added new Subsec. (g) re responsibility of Department of Correction for supervision of persons on parole or special parole, added new Subsec. (h) re conduct of parole release hearings and approval or denial of all parole releases, revocations and rescissions recommended by employee of board, added new Subsec. (i) re appointment and powers of executive director, added new Subsec. (j) re adoption of regulations re parole revocation and rescission hearings, an administrative pardons process and requiring written statement re reasons for rejecting pardons application, added new Subsec. (k) re frequency and location of pardons hearings, added new Subsec. (l) re establishment of parole orientation program and incremental sanctions system for parole violations, redesignated existing Subsec. (f) as Subsec. (m) and amended said Subsec. to make a technical change, and redesignated existing Subsec. (g) as Subsec. (n) and amended said Subsec. to replace “The Board of Parole” with “The chairperson of the Board of Pardons and Paroles” and replace in Subdiv. (3) “develop policy for and administer the operation” of the Interstate Parole Compact with “adopt regulations, in accordance with chapter 54, for the administration” of said compact, effective July 1, 2004; P.A. 05-84 amended Subsec. (j)(2)(A)(ii) to reduce from 10 years to 5 years the period of time prior to the granting of the pardon during which the applicant must not have been convicted of a crime, amended Subsec. (j)(2)(B) to increase from 5 years to 10 years the period of time after the date of conviction or the applicant's release from incarceration, whichever is later, that must elapse prior to the granting of the pardon and deleted former Subsec. (n)(3) re the adoption of regulations for the administration of the Interstate Parole Compact, redesignating existing Subdiv. (4) as Subdiv. (3); P.A. 05-288 made a technical change in Subsec. (f)(4), effective July 13, 2005; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (a) to provide that from February 1, 2008, to July 1, 2008, board shall consist of not more than 25 members, rather than 13 members, that on and after July 1, 2008, board shall consist of 18 members, that on and after February 1, 2008, the Governor shall appoint all members of board with advice and consent of “both houses” of the General Assembly, rather than “either house”, that on and after July 1, 2008, 12 members shall serve exclusively on parole release panels, 5 members shall serve exclusively on pardons panels and chairperson may serve on both such panels, and that on and after February 1, 2008, the Governor shall specify the member being appointed chairperson, the full-time and part-time members being appointed to serve on parole release panels and the members being appointed to serve on pardons panels, replace requirement that in appointment of members the Governor “shall endeavor to reflect the racial diversity of the state” with “shall comply with the provisions of section 4-9b”, require that all members of the board appointed on or after February 1, 2008, rather than only chairperson, be qualified by education, experience or training in administration of community corrections, parole or pardons and add “criminal justice, criminology, the evaluation or supervision of offenders or the provision of mental health services to offenders”, and add provision requiring each appointment submitted by the Governor to the General Assembly on or after February 1, 2008, be referred to the judiciary committee which shall report thereon not later than 30 legislative days thereafter, amended Subsec. (b) to provide that term of each member serving on June 30, 2008, who had been assigned exclusively to parole hearings shall expire on said date, provide that term of each member serving on June 30, 2008, who had been appointed chairperson, had been assigned by chairperson exclusively to pardons hearings or has been appointed on or after February 1, 2008, shall be coterminous with the Governor or until a successor is chosen, whichever is later, and delete provisions re expiration of term of members serving on September 30, 2004, and duration of term of members beginning on or after October 1, 2004, amended Subsec. (c) to make the provision re devotion of full time to duties and manner of compensation applicable to five members appointed on or after February 1, 2008, to serve on parole release panels, amended Subsec. (d) to add new Subdiv. (2) re assigning members to panels, add new Subdiv. (3) re establishing procedural rules and redesignate existing Subdivs. (2), (3), (4) and (5) as Subdivs. (4), (5), (6) and (7), amended Subsec. (e) to delete provision authorizing chairperson to serve on both panels and granting chairperson responsibility for assigning members to panels, make provision requiring chairperson to assign 7 members to parole release hearings and 5 members to pardons hearings applicable with respect to “members appointed prior to February 1, 2008”, replace provision re each parole release panel shall be composed of two members and chairperson or designee with provision re “prior to July 1, 2008”, each parole release panel shall be composed of two members “from among the members assigned by the chairperson exclusively to parole release hearings or the members appointed by the Governor on or after February 1, 2008, to serve exclusively on parole release panels” and chairperson or designee, provide that “On and after July 1, 2008, each parole release panel shall be composed of two members appointed by the Governor on or after February 1, 2008, to serve on parole release panels, at least one of whom is a full-time member, and the chairperson or a full-time member designated to serve temporarily as chairperson, for each correctional institution” and replace “Each pardons panel shall be composed of three members, one of whom may be the chairperson” with “Each pardons panel shall be composed of three members from among the members assigned by the chairperson exclusively to pardons hearings or the members appointed by the Governor on or after February 1, 2008, to serve on pardons panels, one of whom may be the chairperson”, amended Subsec. (h) to replace “The chairperson, or the chairperson's designee, and two members of the board shall conduct all parole release hearings” with “The chairperson, or the chairperson's designee, and two members of the board from among the members assigned by the chairperson to serve exclusively on parole release panels or the members appointed by the Governor on or after February 1, 2008, to serve on parole release panels, shall conduct all parole release hearings”, make existing requirement that panel approve or deny all parole releases recommended by employee of the board pursuant to Sec. 54-125b applicable to period “prior to July 1, 2008” and add provision prohibiting panel holding hearing or meeting re parole release unless chairperson has made reasonable efforts to determine existence of and obtain all information deemed pertinent to panel's decision and certified that all such pertinent information determined to exist has been obtained or is unavailable, amended Subsec. (l) to add Subdiv. (3) re establishment of formal training program for board members and parole officers, added new Subsec. (m) re employment of psychologist, and redesignated existing Subsecs. (m) and (n) as Subsecs. (n) and (o), effective January 25, 2008; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (e) to make existing provision requiring parole release panel to have at least 1 full-time member in addition to chairperson or a full-time member designated as chairperson applicable to panels “prior to October 5, 2009,” and to add “On and after October 5, 2009, each parole release panel shall be composed of two members appointed by the Governor to serve on parole release panels and the chairperson or a full-time member designated to serve temporarily as chairperson, for each correctional institution”, effective October 5, 2009; P.A. 10-14 amended Subsec. (a) to provide that on and after July 1, 2010, the board shall consist of 20 members and that 7 members shall serve exclusively on pardons panels and to delete obsolete language, effective May 5, 2010; P.A. 10-36 amended Subsec. (h) to delete obsolete provisions re panel action on parole releases recommended by employee of board pursuant to Sec. 54-125b, effective July 1, 2010; P.A. 14-27 made a technical change in Subsec. (d)(6); June Sp. Sess. P.A. 15-2 amended Subsec. (a) to designate existing provisions as Subdiv. (1) and amend same to replace provision re make-up of board from July 1, 2008, to July 1, 2010, and on and after July 1, 2010, with provision re make-up of board on and after July 1, 2015, add provision re expiration of part-time members' terms on June 30, 2015, and appointment of 5 part-time members on or after July 1, 2015, add reference to Subdiv. (2) and make technical changes, and to add Subdiv. (2) re appointments of part-time members not later than September 1, 2015, amended Subsec. (b) to delete references to dates in 2008 and provisions re members assigned exclusively to pardons hearings, amended Subsec. (c) to replace provision re 5 members appointed to serve on parole release panels with provision re 10 members devoting full time and make a technical change, amended Subsec. (e) to delete provisions re assignments of members exclusively to parole release and pardons hearings for members appointed prior to February 1, 2008, composition of each panel prior to July 1, 2008, and on and after July 1, 2008, and prior to October 5, 2009, each panel's temporary chairperson to be designated by the chairperson, delete provision re panel for each correctional institution, add provisions re on and after January 1, 2016, 3 members to be present at each hearing and delete provision re exclusive assignment to pardons panels, amended Subsec. (h) to delete provision re exclusive assignment or appointment to parole release panels, designate existing provision re parole revocations or rescissions as Subdiv. (1) and add Subdiv. (2) re recommendations pursuant to Sec. 54-125i, amended Subsec. (j)(2) to replace “administrative pardons process” with “expedited pardons review”, add provision re process for applicant convicted of nonviolent crime and delete former Subparas. (A) and (B) re misdemeanor conviction or conviction for a violation of Sec. 21a-277, 21a-278 or 21a-279, deleted reference to assignment to pardons hearings in Subsec. (j)(3), added provision re training to be completed annually in Subsec. (l)(3) and added Subsec. (p) re decisions to be made by a majority of members present, effective June 30, 2015; P.A. 19-84 amended Subsec. (e) by designating existing provisions re parole release panel as Subdiv. (1) and amending same by replacing provision re 2 members with provision re 3 members, deleting provision re not less than 3 members to be present at parole hearing, and making a technical change, designating existing provision re pardons panel as Subdiv. (2), adding Subdiv. (3) re panel that discharges persons on parole from custody of commissioner or terminates period of special parole, and amended Subsec. (f) by adding Subdiv. (5) re discharge of person on parole or inmate eligible for parole from custody of commissioner, and adding Subdiv. (6) re termination of special parole, effective July 1, 2019; P.A. 21-32 amended Subsec. (l) by making a technical change in Subdiv. (3) and adding Subdiv. (4) re training program to include information concerning collateral consequences a person with criminal record may face, effective July 1, 2021.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-125j. Reporting re outcomes of parole revocation hearings. Not later than January 1, 2021, and annually thereafter, the Board of Pardons and Paroles shall report to the Office of Policy and Management and the office shall make available on the office's Internet web site the following information:
(1) Outcomes of preliminary hearings, including whether (A) probable cause of a parole violation was found and that the alleged violation was serious enough to warrant revocation of parole, (B) probable cause of a parole violation was found, but the alleged violation was not serious enough to warrant revocation, and (C) no probable cause of a parole violation was found;
(2) The number of (A) individuals remanded to the custody of the Department of Correction for criminal and technical violations, and (B) individuals held in custody beyond a preliminary hearing pending a final parole revocation hearing;
(3) Outcomes of final parole revocation hearings, including whether there was a recommendation to (A) reinstate parole, or (B) revoke parole; and
(4) Case level data on demographics, including data on race, sex, ethnicity and age.
(P.A. 19-59, S. 4; P.A. 21-97, S. 8.)
History: P.A. 19-59 effective July 1, 2019; P.A. 21-97 made technical changes.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-125k. Legal cannabis use or possession not grounds for revocation of parole, special parole or probation. Exception. (a) Except as provided in subsection (b) of this section, use or possession of cannabis by a person that does not violate section 21a-279a or chapter 420f shall not be grounds for revocation of such person's parole, special parole or probation.
(b) If a person's conditions of parole, special parole or probation include a finding that use of cannabis would pose a danger to such person or to the public and a condition that such person not use cannabis and individualized reasons supporting such finding, use of cannabis may be grounds for revocation of parole, special parole or probation. Such finding shall not consider any prior arrests or convictions for use or possession of cannabis.
(June Sp. Sess. P.A. 21-1, S. 16.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2021.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-130a. (Formerly Sec. 18-26). *(See end of section for amended version and effective date.) Jurisdiction and authority of board to grant commutations of punishment, releases, pardons and certificates of rehabilitation. (a) Jurisdiction over the granting of, and the authority to grant, commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death shall be vested in the Board of Pardons and Paroles.
(b) The board shall have authority to grant pardons, conditioned, provisional or absolute, or certificates of rehabilitation for any offense against the state at any time after the imposition and before or after the service of any sentence.
(c) The board may accept an application for a pardon three years after an applicant's conviction of a misdemeanor or violation and five years after an applicant's conviction of a felony, except that the board, upon a finding of extraordinary circumstances, may accept an application for a pardon prior to such dates.
(d) Whenever the board grants an absolute pardon to any person, the board shall cause notification of such pardon to be made in writing to the clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convicted in the Court of Common Pleas, the Circuit Court, a municipal court, or a trial justice court.
(e) Whenever the board grants a provisional pardon or a certificate of rehabilitation to any person, the board shall cause notification of such provisional pardon or certificate of rehabilitation to be made in writing to the clerk of the court in which such person was convicted. The granting of a provisional pardon or a certificate of rehabilitation does not entitle such person to erasure of the record of the conviction of the offense or relieve such person from disclosing the existence of such conviction as may be required.
(f) In the case of any person convicted of a violation for which a sentence to a term of imprisonment may be imposed, the board shall have authority to grant a pardon, conditioned, provisional or absolute, or a certificate of rehabilitation in the same manner as in the case of any person convicted of an offense against the state.
(1949 Rev., S. 3020; 1959, P.A. 410, S. 4; P.A. 74-163, S. 5; P.A. 76-388, S. 5, 6; 76-436, S. 10a, 595, 681; P.A. 04-234, S. 2; P.A. 06-187, S. 86; P.A. 07-57, S. 1; P.A. 14-27, S. 1.)
*Note: On and after January 1, 2023, this section, as amended by section 2 of public act 21-32, is to read as follows:
“Sec. 54-130a. (Formerly Sec. 18-26). Jurisdiction and authority of board to grant commutations of punishment, releases, pardons and certificates of rehabilitation. (a) Jurisdiction over the granting of, and the authority to grant, commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death shall be vested in the Board of Pardons and Paroles.
(b) The board shall have authority to grant pardons, conditioned, provisional or absolute, or certificates of rehabilitation for any offense against the state at any time after the imposition and before or after the service of any sentence.
(c) The board may accept an application for a pardon three years after an applicant's conviction of a misdemeanor or violation and five years after an applicant's conviction of a felony, except that the board, upon a finding of extraordinary circumstances, may accept an application for a pardon prior to such dates.
(d) Whenever the board grants an absolute pardon to any person, the board shall cause notification of such pardon to be made in writing to the clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convicted in the Court of Common Pleas, the Circuit Court, a municipal court, or a trial justice court.
(e) Whenever the board grants a provisional pardon or a certificate of rehabilitation to any person, the board shall cause notification of such provisional pardon or certificate of rehabilitation to be made in writing to the clerk of the court in which such person was convicted. The granting of a provisional pardon or a certificate of rehabilitation does not entitle such person to erasure of the record of the conviction of the offense or relieve such person from disclosing the existence of such conviction as may be required.
(f) In the case of any person convicted of a violation for which a sentence to a term of imprisonment may be imposed, the board shall have authority to grant a pardon, conditioned, provisional or absolute, or a certificate of rehabilitation in the same manner as in the case of any person convicted of an offense against the state.
(g) The board shall not deny any application for a pardon, unless the board provides a statement in writing to the applicant of the factors considered when determining whether the applicant qualified for the pardon and an explanation as to which factors were not satisfied.”
(1949 Rev., S. 3020; 1959, P.A. 410, S. 4; P.A. 74-163, S. 5; P.A. 76-388, S. 5, 6; 76-436, S. 10a, 595, 681; P.A. 04-234, S. 2; P.A. 06-187, S. 86; P.A. 07-57, S. 1; P.A. 14-27, S. 1; P.A. 21-32, S. 2.)
History: 1959 act extended jurisdiction in Subsec. (a) from cases of persons confined in State Prison to persons convicted of any offense against the state; P.A. 74-163 added Subsec. (c) re notice of absolute pardon; P.A. 76-388 included circuit court and replaced “chief clerk” of court of common pleas with “chief judge” in Subsec. (c); P.A. 76-436 replaced “chief judge of common pleas court” with “office of the chief court administrator”, effective July 1, 1978; P.A. 04-234 replaced Board of Pardons with Board of Pardons and Paroles, effective July 1, 2004; Sec. 18-26 transferred to Sec. 54-130a in 2005; P.A. 06-187 amended Subsec. (b) to authorize board to grant “provisional” pardons, amended Subsec. (c) to provide that the “board”, rather than the “secretary of said board”, shall cause notification to be made and added Subsec. (d) to require that board cause written notification of the granting of provisional pardon to be made to clerk of the court in which the person granted such pardon was convicted and provide that granting of provisional pardon does not entitle the person to erasure of conviction record or relieve person from disclosing existence of conviction as may be required; P.A. 07-57 made a technical change in Subsec. (b), added new Subsec. (c) authorizing board to accept a pardon application 3 years after a misdemeanor or violation conviction and 5 years after a felony conviction or prior to such dates if extraordinary circumstances are found, redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e) and added new Subsec. (f) authorizing board to grant a pardon to a person convicted of a violation for which a sentence to a term of imprisonment may be imposed in the same manner as a person convicted of an offense against the state; P.A. 14-27 amended Subsecs. (b), (e) and (f) to add references to certificates of rehabilitation; P.A. 21-32 added Subsec. (g) re written statement and explanation when application is denied, effective January 1, 2023.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-130e. Provisional pardons. Certificates of rehabilitation. (a) For the purposes of this section and sections 31-51i, 46a-80, 54-108f, 54-130a and 54-301:
(1) “Barrier” means a denial of employment or a license based on an eligible offender's conviction of a crime without due consideration of whether the nature of the crime bears a direct relationship to such employment or license;
(2) “Direct relationship” means that the nature of criminal conduct for which a person was convicted has a direct bearing on the person's fitness or ability to perform one or more of the duties or responsibilities necessarily related to the applicable employment or license;
(3) “Certificate of rehabilitation” means a form of relief from barriers or forfeitures to employment or the issuance of licenses, other than a provisional pardon, that is granted to an eligible offender by (A) the Board of Pardons and Paroles pursuant to this section, or (B) the Court Support Services Division of the Judicial Branch pursuant to section 54-108f;
(4) “Eligible offender” means a person who has been convicted of a crime or crimes in this state or another jurisdiction and who is a resident of this state and (A) is applying for a provisional pardon or is under the jurisdiction of the Board of Pardons and Paroles, or (B) with respect to a certificate of rehabilitation under section 54-108f, is under the supervision of the Court Support Services Division of the Judicial Branch;
(5) “Employment” means any remunerative work, occupation or vocation or any form of vocational training, but does not include employment with a law enforcement agency;
(6) “Forfeiture” means a disqualification or ineligibility for employment or a license by reason of law based on an eligible offender's conviction of a crime;
(7) “License” means any license, permit, certificate or registration that is required to be issued by the state or any of its agencies to pursue, practice or engage in an occupation, trade, vocation, profession or business; and
(8) “Provisional pardon” means a form of relief from barriers or forfeitures to employment or the issuance of licenses granted to an eligible offender by the Board of Pardons and Paroles pursuant to subsections (b) to (i), inclusive, of this section.
(b) The Board of Pardons and Paroles may issue a provisional pardon or a certificate of rehabilitation to relieve an eligible offender of barriers or forfeitures by reason of such person's conviction of the crime or crimes specified in such provisional pardon or certificate of rehabilitation. Such provisional pardon or certificate of rehabilitation may be limited to one or more enumerated barriers or forfeitures or may relieve the eligible offender of all barriers and forfeitures. Such certificate of rehabilitation shall be labeled by the board as a “Certificate of Employability” or a “Certificate of Suitability for Licensure”, or both, as deemed appropriate by the board. No provisional pardon or certificate of rehabilitation shall apply or be construed to apply to the right of such person to retain or be eligible for public office.
(c) The Board of Pardons and Paroles may, in its discretion, issue a provisional pardon or a certificate of rehabilitation to an eligible offender upon verified application of such eligible offender. The board may issue a provisional pardon or a certificate of rehabilitation at any time after the sentencing of an eligible offender, including, but not limited to, any time prior to the eligible offender's date of release from the custody of the Commissioner of Correction, probation or parole. Such provisional pardon or certificate of rehabilitation may be issued by a pardon panel of the board or a parole release panel of the board.
(d) The board shall not issue a provisional pardon or a certificate of rehabilitation unless the board is satisfied that:
(1) The person to whom the provisional pardon or the certificate of rehabilitation is to be issued is an eligible offender;
(2) The relief to be granted by the provisional pardon or the certificate of rehabilitation may promote the public policy of rehabilitation of ex-offenders through employment; and
(3) The relief to be granted by the provisional pardon or the certificate of rehabilitation is consistent with the public interest in public safety, the safety of any victim of the offense and the protection of property.
(e) In accordance with the provisions of subsection (d) of this section, the board may limit the applicability of the provisional pardon or the certificate of rehabilitation to specified types of employment or licensure for which the eligible offender is otherwise qualified.
(f) The board may, for the purpose of determining whether such provisional pardon or certificate of rehabilitation should be issued, request its staff to conduct an investigation of the applicant and submit to the board a report of the investigation. Any written report submitted to the board pursuant to this subsection shall be confidential and shall not be disclosed except to the applicant and where required or permitted by any provision of the general statutes or upon specific authorization of the board.
(g) If a provisional pardon or a certificate of rehabilitation is issued by the board pursuant to this section before an eligible offender has completed service of the offender's term of incarceration, probation, parole or special parole, or any combination thereof, the provisional pardon or the certificate of rehabilitation shall be deemed to be temporary until the eligible offender completes such eligible offender's term of incarceration, probation, parole or special parole. During the period that such provisional pardon or certificate of rehabilitation is temporary, the board may revoke such provisional pardon or certificate of rehabilitation for a violation of the conditions of such eligible offender's probation, parole or special parole. After the eligible offender completes such eligible offender's term of incarceration, probation, parole or special parole, the temporary provisional pardon or certificate of rehabilitation shall become permanent.
(h) The board may at any time issue a new provisional pardon or certificate of rehabilitation to enlarge the relief previously granted, and the provisions of subsections (b) to (f), inclusive, of this section shall apply to the issuance of any new provisional pardon or certificate of rehabilitation.
(i) The application for a provisional pardon or a certificate of rehabilitation, the report of an investigation conducted pursuant to subsection (f) of this section, the provisional pardon or the certificate of rehabilitation and the revocation of a provisional pardon or a certificate of rehabilitation shall be in such form and contain such information as the Board of Pardons and Paroles shall prescribe.
(j) If a provisional pardon or certificate of rehabilitation issued under this section or section 54-108f is revoked, the barriers and forfeitures thereby relieved shall be reinstated as of the date the person to whom the provisional pardon or certificate of rehabilitation was issued receives written notice of the revocation. Any such person shall surrender the provisional pardon or certificate of rehabilitation to the issuing board or division upon receipt of the notice.
(k) The board may revoke a permanent provisional pardon or certificate of rehabilitation if the board is notified or becomes aware that the person to whom it was issued was convicted of a crime, as defined in section 53a-24, after the issuance of the provisional pardon or certificate of rehabilitation. Nothing in this subsection shall require the board to continue monitoring the criminal activity of any person to whom the board has issued a provisional pardon or certificate of rehabilitation but who is no longer under parole or special parole supervision.
(l) Not later than October 1, 2015, and annually thereafter, the board shall submit to the Office of Policy and Management and the Connecticut Sentencing Commission, in such form as the office may prescribe, data on the number of applications received for provisional pardons and certificates of rehabilitation, the number of applications denied, the number of applications granted and the number of provisional pardons and certificates of rehabilitation revoked.
(P.A. 06-187, S. 84, 85; P.A. 14-27, S. 2; P.A. 21-104, S. 50.)
History: P.A. 14-27 added provisions re certificate of rehabilitation throughout, amended Subsec. (a) to add references to Secs. 54-108f and 54-301, add new Subdiv. (2) defining “direct relationship”, add new Subdiv. (3) defining “certificate of rehabilitation”, redesignate existing Subdivs. (2) to (6) as Subdivs. (4) to (8) and redefine “eligible offender” in redesignated Subdiv. (4), amended Subsec. (c) to add provisions re issuance at any time prior to eligible offender's date of release and re issuance by panel, amended Subsec. (d)(3) to add provision re safety of any victim of offense, amended Subsec. (g) to add provisions re issuance before eligible offender has completed service of term and re when temporary provisional pardon or certificate of rehabilitation becomes permanent, added Subsec. (j) re revocation of temporary certificate of rehabilitation, added Subsec. (k) re revocation of provisional pardon or certificate of rehabilitation, added Subsec. (l) re submission of data to Office of Policy and Management and Connecticut Sentencing Commission, and made technical and conforming changes; P.A. 21-104 amended Subsec. (g) to add references to special parole, amended Subsec. (j) to replace “temporary certificate of rehabilitation” with “provisional pardon or certificate of rehabilitation” and make a technical change, and amended Subsec. (k) to change “shall” to “may” re revocation and “provisional pardon” to “permanent provisional pardon”, add proviso re board notified or becomes aware, add provision re continued monitoring, and make a technical change, effective June 28, 2021.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |