Judiciary Committee
JOINT FAVORABLE REPORT
Bill No.: SB-1019
AN ACT CONCERNING THE BOARD OF PARDONS AND PAROLES,
ERASURE OF CRIMINAL RECORDS FOR CERTAIN MISDEMEANOR AND
FELONY OFFENSES, PROHIBITING DISCRIMINATION BASED ON ERASED
CRIMINAL HISTORY RECORD INFORMATION AND CONCERNING THE
RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION
Title: WITH RESPECT TO MISDEMEANOR SENTENCES.
Vote Date: 4/5/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/10/2021
File No.: 613
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
The Judiciary Committee
Rep. Bobby G. Gibson, 15th Dist. Rep. Roland J. Lemar, 96th Dist.
Rep. Joshua M. Hall, 7th Dist. Sen. Martin M. Looney, 11th Dist.
Rep. David Michel, 146th Dist. Sen. Dennis A. Bradley, 23rd Dist.
Sen. Will Haskell, 26th Dist. Rep. John "Jack" F. Hennessy, 127th Dist.
Rep. Robyn A. Porter, 94th Dist. Rep. Cristin McCarthy Vahey, 133rd Dist.
Rep. Anthony L. Nolan, 39th Dist. Rep. Brian T. Smith, 48th Dist.
Rep. Quentin W. Phipps, 100th Dist. Rep. Christine Palm, 36th Dist.
Sen. Marilyn V. Moore, 22nd Dist. Sen. Bob Duff, 25th Dist.
Rep. Edwin Vargas, 6th Dist. Rep. Peter A. Tercyak, 26th Dist.
Rep. Michael A. Winkler, 56th Dist. Rep. Anne M. Hughes, 135th Dist.
Rep. Josh Elliott, 88th Dist. Rep. Eleni Kavros DeGraw, 17th Dist.
Rep. Steven J. Stafstrom, 129th Dist. Rep. Emmanuel Sanchez, 24th Dist.
Rep. Jennifer Leeper, 132nd Dist. Rep. Aimee Berger-Girvalo, 111th Dist.
Rep. Maria P. Horn, 64th Dist. Rep. Kate Farrar, 20th Dist.
Rep. Antonio Felipe, 130th Dist. Rep. Susan M. Johnson, 49th Dist.
REASONS FOR BILL:
This bill establishes a timeline for automatic record clearance of class C, D, E, and
unclassified felony and misdemeanor convictions, excluding convictions of family violence,
nonviolent sex offenses, and sexually violent offenses. The bill expands the scope of state
anti-discrimination law to protect those with erased records and changes the term limit of any
sentence of imprisonment of up to one year to a period not to exceed three hundred sixty-four
days with the goal of reducing collateral consequences.
The bill bans the Board of Pardons and Paroles from denying pardon applications without
written explanation and requires board members and parole officers to be trained annually
about the collateral consequences a person with a criminal record may face when applying
for housing or employment. The bill also requires the Department of Emergency Services and
Public Protection, the Judicial Branch, and the Criminal Justice Information System
Governing Board to develop and implement automated processes for erasure and requires
the Commissioner of Correction to establish a reentry employment advisory committee. The
bill authorizes the Commissioner of Correction to designate a deputy warden to serve as
director of reentry services and the Commissioner of Emergency Services and Public
Protections to waive fees for indigent people. The bill changes the term limit of any sentence
of imprisonment of up to one year to a period not to exceed three hundred sixty-four days to
avoid collateral consequences of an aggravated felony conviction.
SUBSTITUTE LANGUAGE:
The substitute language clarifies a timeline for erasure of certain criminal history records
based on the term of imprisonment and number of years from the date of the convicted
person's most recent conviction. The substitute language sets new requirements and
authorizations for several state agencies and establishes erasure and disclosure guidelines
for criminal justice agencies, and data-based services or companies. The substitute language
clarifies processes for decriminalized offenses and offenses adjudicated in courts that no
longer exist. The language also defines discrimination based on erased criminal records and
non-conviction information in areas such as housing, employment, state agencies, and the
life insurance industry.
RESPONSE FROM ADMINISTRATION/AGENCY:
Connecticut Division of Public Defender Services, Chief Public Defender, Christine Perra
Rapillo; supports this bill stating that all the proposals contained in the legislation represent
improvements in the administration of criminal justice in Connecticut.
Connecticut Sentencing Commission; supports this bill stating that section 38 makes an
important change to the penalty for offenses defined as misdemeanors and would better align
state classification of offenses with the classification scheme used in federal immigration laws
and regulations. It is also stated that several other states, including Nevada, Oregon,
California, Washington, Colorado, Utah, and New York have enacted this change in
sentencing to help protect certain noncitizens from arbitrary deportation and denial of
consideration of individual circumstances.
Connecticut Division of Criminal Justice; opposes the scope of criminal records that would be
erased, by operation of law, under this bill. Stating that this bill will greatly impact the ability of
the division to decide issues such as sentencing recommendations, bail decisions, issuance
of protective orders, or punishing serious repeat offenders.
Connecticut Office of Policy and Management, Criminal Justice Policy and Planning,
Undersecretary, Marc Pelka; opposes portions of this bill stating that the administration
cannot support the entire scope of the bill and providing a list of proposed changes. It is also
stated that the administration is united in support for the clean slate concept due to well-
documented racial and ethnic disparities in the criminal justice system.
Connecticut Judicial Branch, External Affairs Division; takes no position regarding the policy
implications of the bill and states concern with various provisions due to potential impact on
court processes and procedure and the resources it will take to implement. It is also stated
that the agency suggests additional technical changes.
Connecticut Commission on Human Rights and Opportunities; supports legislative efforts to
address the overwhelming barriers faced by individuals who have criminal records because
eliminating barriers to opportunity is one of the Commissions core concerns. It is also stated
that the Commission has concerns with procedural aspects of the antidiscrimination
provisions of the bill.
Connecticut Board of Pardons and Paroles, Chairperson Carleton J. Giles; supports the
intent of the legislation but only supports automatic erasure for low level misdemeanors and
believes that changes are necessary to certain provisions which impact the pardon power.
NATURE AND SOURCES OF SUPPORT:
Connecticut Fair Housing Center, Executive Director, Erin Kemple; supports this bill stating
that refusal to rent or sell to individuals with expunged records prevents those recently
released from incarceration from accessing decent, safe, affordable housing. It is also stated
that stable housing is the leading factor in determining whether someone can successfully
reintegrate into society.
Clean Slate Initiative, National Campaigns Manager, Erin Leigh George; supports this bill
stating that it will help people capture the second chance theyve earned by streamlining
petition-based record-clearing. It is also stated that the vast majority of the 450,000
Connecticut residents with criminal records cannot obtain relief due to lengthy waiting periods
and complexities and limitations in current record-clearing processes.
American Civil Liberties Union of Connecticut, Interim Senior Policy Counsel, Kelly
McConney Moore; supports this bill stating that the mere fact that a Connecticut resident has
a criminal conviction in their history puts more than 550 legal barriers in their path. It is also
stated that this legislation meets all criteria necessary for a strong Clean Slate Bill including
providing for automatic record clearance and for record erasure as opposed to record
sealing.
City of Bridgeport, Mayor Joseph P. Ganim; Supports this bill as mass incarceration has
ongoing consequences in Connecticut, disproportionately hurting Black and brown
communities and burdening hundreds of thousands of Connecticut residents with a criminal
record. This is a very real experience for thousands Bridgeport residents. The mayor serves
as Vice Chair for Re-Entry on the US Conference of Mayors Criminal and Social Justice
Committee and has heard firsthand how expungement and pardon practices can greatly
benefit communities hardest hit by mass incarceration.
Hartford Foundation for Public Giving; supports this bill stating that an evaluation of reentry
supports funded by the foundation revealed the need for additional policy changes to provide
greater access to vital services such as housing and mental and physical health supports.
Connecticut Justice Alliance, Executive Director, Christina Quaranta; supports this bill stating
that making expungement automatic will eliminate economic and class barriers people
currently face (access to an attorney, understanding of the system, money to pay court and
lawyer fees) when working to get their records expunged. It is also stated that the Alliance
requests the committee amend the bill to include expungement for juvenile records.
Michigan Legislature, State Representative, David LaGrand; supports this bill stating that
expungement is a powerful tool for improving the lives of people with records, without an
increased risk to public safety. It is also stated that Connecticut should join Michigan,
Pennsylvania, New Jersey, California, and Utah as a leader in the national movement for
expungement in particular and criminal justice reform in general.
Connecticut Legal Rights Project, Executive Director, Kathy Flaherty; supports this bill and
requests an amendment to include disability as a protected class. It is also stated that the
collateral consequences annual training will help the Board of Pardons and Paroles to
understand the impact of decisions on those who come before them.
The Alliance, Manager of Advocacy and Public Policy, Julia Wilcox; supports this bill stating
that one in three Americans has some type of criminal record, which creates lifelong barriers
to opportunity for them and their families. It is also stated a February 2020 Smart Justice Poll
indicated that 85% of CT voters, across party lines, support laws prohibiting discrimination
based on a persons criminal history.
Center for Childrens Advocacy, Team Child Youth Justice Project, Director, Marisa Halm,
Esq.; supports this bill and requests that the committee create parity between the juvenile
and adult courts by adopting a proposed amendment to provide automatic juvenile court
erasure.
Service Employees International Union 1199 New England, President, Rebecca Simonsen;
supports this bill stating that 1199 union members who work in Corrections care for a
population with acute medical and mental health illnesses that are often the direct result of
systemic afflictions of homelessness, poverty, and opioid addiction. It is also stated that
ending discrimination for people with criminal records would best allow 1199 members to truly
assist incarcerated individuals in attaining the security and stability they need to stay out of
the carceral system for good.
Connecticut Womens Education and Legal Fund, Policy Director, Madeline Granato;
supports this bill stating that women are the fastest growing incarcerated population in the
United States and that more than half of women incarcerated in prisons and jails are
incarcerated for drug or property offenses. It is also stated that a history of criminal conviction
remains a significant barrier for women to reach economic stability for themselves and their
families.
Connecticut Criminal Defense Lawyers Association, President, Frank J. Riccio II; supports
this bill stating that it will assist those battling the collateral consequences of convictions to
obtain employment, education, housing, and student loans. It is also stated that this bill will
mitigate the devastating impact that those arrested and convicted of certain criminal
convictions, especially on our younger populations, indigent individuals and people of color.
Connecticut Resident, Marquita Nelson; supports this bill stating that her child has been in
prison for 19 years for a crime that he committed as a minor and that everyone deserves a
second chance.
Connecticut Legal Services, Public Policy Advocate, Raphael L. Podolsky; supports this bill
and requests two amendments related to access to non-domestic violence records when a
protection order for domestic violence is sought and access to ones own records for
immigration cases.
Connecticut Working Families Party, State Director, Carlos Moreno; supports this bill stating
that the current one-year maximum sentence for class A misdemeanors creates drastic,
disproportionate consequences for non-citizens by turning state misdemeanors into
aggravated felonies under federal law.
American Immigration Lawyers Association, Connecticut Chapter; supports section 38 of this
bill which changes any sentence up to but not exceeding one year to a term of imprisonment
not exceeding three hundred and sixty-four days, stating that it will provide clarity for lawful
permanent residents and attorneys. It is also stated that this provision will help avoid the
unintended immigration consequences of an aggravated felony conviction, including being
deported and permanently barred from returning to the United States.
Hartford, Connecticut, Resident, Sister Elaine Betoncourt; supports this bill stating personal
experience witnessing a criminal record prevent gainful employment and lead to negative
thought processes, financial desperation, and recidivism.
Greater Hartford Interfaith Action Alliance Criminal Justice Action Team, Member, Anne
Stanback; supports this bill stating concern with the disproportionate impact mass
incarceration and collateral consequences have on communities of color and poor people. It
is also stated that approximately 8,000 of the 17,000 people who entered Connecticuts
shelters between 2016 and 2019 had been incarcerated.
Unitarian Society of Hartford, Candidate Minister, Unitarian Universalist Faith Intern Minister,
Dianne M. Daniels; supports this bill stating that the orientation program for eligible inmates,
training for members of the Board of Pardons and Parole, and expungement and erasure of
criminal records and copies of those records are critically important provisions of this bill.
Collaborative Center for Justice, Director, Dwayne David Paul; supports this bill citing
hundreds of barriers between formerly incarcerated people and full participation in
democracy, economy, and society at large.
Transitions Clinic, Legal Director, James Bhandary-Alexander; supports this bill stating that
the clinics patient population is routinely denied work because of their records.
Connecticut Alliance to End Sexual Violence, Director of Policy and Public Relations, Lucy
Nolan; supports this bill and thanks the committee for excluding those who sexually assault
and harm others from clean slate provisions. It is stated that it is critical to preserve the
records of those who commit sexual crimes for many reasons including Sec. 53a-40(d) of our
statutes specifically allows that persistent offenders of crimes involving assault, stalking,
trespass, threatening, harassment, criminal violation of a protective order, criminal violation of
a standing criminal protective order or criminal violation of a restraining order have increased
penalties for their actions, including changing misdemeanors to a class D felony. It is also
stated that keeping records of those who commit sexual crimes is necessary to ensure that
victims and our communities are safe and can help the criminal justice system hold offenders
accountable.
Connecticut Coalition Against Domestic Violence, Director of Public Policy and
Communications, Liza Andrews; supports this bill stating that the bill seems to prevent
possible injustices against individuals accused of crimes and does not fairly consider crime
victims. Support for the measure related to the erasure of criminal records as it provides a
carve-out for family violence crimes is stated. It is also stated that there must be a carve-out
of family violence crimes so as to ensure the ability of courts to refer individuals who reoffend
to appropriate diversionary programs, as well as to ensure that convicted offenders do not
legally have access to firearms.
Unitarian Universalist Society: East, Member, Susan Randolph; supports this bill stating that
it would be an important step toward ending structural racism. It is also stated that the
lingering impact of a criminal record, especially a felony conviction, robs all of society of the
contributions those who have served their sentences could make.
City of Bridgeport, Mayors Initiative for Reentry Affairs, Director, Earl Bloodworth; supports
this bill stating that many returning to communities after incarceration are ineligible to receive
financial aid or qualify for Pell Grants. It is also stated that further reduction of collateral
consequences to make the state safer and stronger can be achieved by expanding the scope
of anti-discrimination laws through individualized assessments and ending blanket bans.
Restorative Action Alliance Inc., Executive Director, Amber Vlangas & President, Jason
Wasserman; support provisions that provide protections against discrimination based on
erased criminal record history but asks the committee to remove exclusions based on crime
category. It is also stated that everyone who completes a court-ordered sentence and
remains conviction-free for a specified period should be eligible for Clean Slate.
The following Connecticut Residents support this bill, many stating that criminal records
present barriers to employment, housing, occupational licensing, and higher education and
that this bill will strengthen the state econom