The bill sHB6738 File No. 831 proposes significant reforms to the parole and commutation systems in the state. It allows for the compassionate or medical parole of inmates who are terminally ill or debilitated and have served at least half of their sentence, with the Board of Pardons and Paroles having the authority to discharge such parolees if they are deemed to lead an orderly life. The bill also introduces a system for awarding public health emergency release credits to inmates during a public health emergency, which can reduce an inmate's term by up to 244 days. Furthermore, the bill outlines a process for the commutation of sentences, including the establishment of a commutations panel, eligibility criteria, and factors to be considered for commutation. It also sets procedures for the suspension or revocation of commutations and mandates the electronic recording of commutation proceedings.
Additionally, the bill revises victim notification procedures, qualifications for state attorneys to participate in commutation hearings, and the appointment process for the chairperson of the Board of Pardons and Paroles. It lowers the threshold for compassionate parole, allowing for the release of inmates who present a significantly reduced risk of danger to society. The bill also codifies the Board of Pardons and Paroles' current commutation policy into statute, limits the board's independent decision-making authority, and requires the governor's appointment of the board's chairperson to be done with the advice and consent of the General Assembly. The fiscal impact of the bill includes potential marginal savings to the Department of Correction. The provisions related to the commutation of sentences are effective upon passage, while the rest of the bill takes effect on October 1, 2023. House Amendment "A" strikes the underlying bill and replaces it with similar provisions, removing specific reference to the COVID-19 pandemic and adding provisions that codify the Board of Pardons and Paroles' current commutation policy, among other changes.
Statutes affected:
Raised Bill: 54-127, 54-127a, 54-131a, 54-131b, 54-131k
JUD Joint Favorable: 54-127, 54-127a, 54-131a, 54-131b, 54-131k
File No. 534: 54-127, 54-127a, 54-131a, 54-131b, 54-131k
File No. 831: 54-127, 54-127a, 54-131a, 54-131b, 54-131k, 51-281