Judiciary Committee
JOINT FAVORABLE REPORT
Bill No.: SB-1058
AN ACT CONCERNING COMPASSIONATE OR MEDICAL PAROLE RELEASE
BY THE BOARD OF PARDONS AND PAROLES AND CONCERNING STAFF
Title: OF THE DEPARTMENT OF CORRECTION.
Vote Date: 4/5/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/22/2021
File No.: 615
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
Sen. Martin M. Looney, 11th Dist.,
Rep. Travis Simms, 140th Dist.
REASONS FOR BILL:
The necessity for "Compassionate Release" became that much more evident this past year
as COVID pandemic impacted older or medically compromised individuals institutionalized in
prisons or nursing homes. This bill allows a panel of the Board of Pardons and Paroles the
ability to grant compassionate parole release to any inmate, except those convicted of a
capital felony under provisions of section 53a-54b. The panel must find circumstances where
an inmate poses higher risk of harm to other inmates if remained confined, and if such inmate
presents a reduced risk or danger to society. In addition, this legislation holds correctional
staff accountable by requiring them to report any unreasonable, excessive or illegal use of
force failure to do so can lead to prosecution. This law could provide an opportunity of
decarceration in Connecticut prison system saving the State money and holding the
Department of Correction staff accountable.
SUBSTITUTE LANGUAGE:
The substitute language clarifies that the panel has the commanding authority with
compassionate parole release or medical parole release. Section 7(a)104 the words "be
physically incapable of presenting a" was replaced with "present a significantly reduced risk
of" because the language better aligns with protecting the public just as much as parole
candidates. The substitute language clarifies a panel of the Boards of Pardons and Paroles
may grant compassionate release rather than the entire Board of Pardons & Paroles. Also,
employees of the DOC witnessing excessive force are further protected from retaliation by 4-
61dd or 31-51m.
RESPONSE FROM ADMINISTRATION/AGENCY:
Connecticut Department of Corrections, Commissioner, Angel Quiros; requests changing the
effective date of Sec. 2 regarding the duty to intervene in possible cases of excessive force
from "effective from passage" to January 1, 2022. Since the new DOC took over, he has
made many changes despite dealing with COVID challenges. Delaying the effective date will
allow the commissioner more time and resources to effectuate process changes.
Office of Chief Public Defender, Legal Counsel, Deborah Sullivan; supports this bill as the
current statutory framework makes it difficult for compassionate parole release of medically
vulnerable and low-risk inmates. COVID-19 has made it clear that compassionate parole
denied some of the most medically venerable inmates. Including statutory change to include
the COVID-19 pandemic and future possibilities could allow the release of certain inmates
now and in the future. The consideration of reduced risk of danger the inmate presents to
society while incarcerated are important factors to consider for the Board of Pardons and
Paroles.
Board of Pardons and Paroles, Chairperson, Carleton Giles; supports section one of the bill
with the addition of the Board's proposed substitute language and takes no position on
section two of the bill. It is stated that the proposed changes are needed to have a proper
implementation of a compassionate parole and to clear up any ambiguity. It is also stated that
the language clarifies that a panel of three board members is the decision-making authority,
as opposed to the entire board; amending existing parole statutes to appropriately reference
compassionate parole as a distinct release mechanism where those statutes apply and
making other technical and conforming changes.
Office of the State Victim Advocate, State Victim Advocate, Natasha Pierre, Esq.; opposes
this bill stating that it goes too far in undermining the protection of crime victims. It is stated
that this legislation will permit the release of violent criminals for any non-terminal medical
condition. It is also stated that this proposal repeals the Department of Correction supervision
conditions for said inmate creating a possible conflict with previous victim(s) and public
safety.
NATURE AND SOURCES OF SUPPORT:
Connecticut General Assembly, Senator and President Pro Tempore, Martin Looney;
supports this bill stating that modified criteria now allows the Board of Pardons and Paroles to
determine when an inmate is eligible for compassionate release. It is also stated that this bill
will clarify whistle blower protections that apply to staff at the Department of Correction.
Connecticut Legal Rights Projects Inc., Executive Director, Kathleen Flaherty; supports this
bill stating that it takes more steps toward decarceration and accountability in the prison
system. It is also stated that allowing abuse and failing to intervene perpetuates a system that
harms all those involved. This bill protects the individual reporting any excessive use of force
from any retaliation.
Brown Paindiris & Scott LLP, Attorney, Cody N. Guarnieri; supports this bill stating that this
may result in cost saving by the State. According to a recent article, CT DOC spends $50,262
annually per inmate. Instead of paying to house and feed these individuals, monitoring them
Page 2 of 3 SB-1058
electronically is a savings opportunity by reducing prison population and assist in reducing
the spread of COVID-19 by achieving less medical care costs.
American Civil Liberties Union of Connecticut, Interim Campaign Manager, Gus Hamilton;
supports this bill stating that it is a necessary step, although not enough to ensure that no
person dies in custody of the Department of Corrections during a pandemic. It is stated that
Connecticut has multiple mechanisms to release those incarcerated, yet evidence suggests
this was not the case throughout the COVID-19 pandemic.
Connecticut Voices for Children, Chief of Staff, Sana Shah; supports this bill stating that it will
help mitigate the risk of serious illness and death. It is stated that incarcerated individuals are
dependent on the State for their health and prison conditions. Allowing them the opportunity
to be released into the community with supervision if they qualify with their pre-existing
condition can alleviate the stress of spreading future illnesses. The separation of children and
parents during incarceration can hurt the children's well-being and development.
Clinton Roberts & Associates Inc., Criminal Defense Mitigation Specialist, Clinton Roberts;
supports this bill stating that allowing incarcerated persons an opportunity to be in their
community under strict monitoring and supervision can save the state money. It is stated that
in instances where incarcerated persons are elderly and sick, it increases the costs to the
state exponentially.
NATURE AND SOURCES OF OPPOSITION:
Connecticut Coalition Against Domestic Violence, Director of Public Policy and
Communications, Liza Andrews; opposes this bill stating that it could pose a danger to
domestic violence victims stating it creates a new process with lower standards for granting
compassionate release. It is also stated that it removes supervision by the Department of
Correction, and it should require victim notification and input.
Connecticut Alliance to End Sexual Violence, Director of Policy and Public Relations, Lucy
Nolan; does not state support nor opposition but urges the committee to not remove 54-131k
(b) nullifying those released under compassionate parole but currently subject to the terms
and conditions of the Boards of Pardons and Paroles once released. There would be serious
negative impacts for the victims of sexual assault by removing required treatment and
supervisory tools for sexual assault offenders thereby posing a risk of danger to society.
Reported by: Edward Jacome Date: 4/16/2021
Page 3 of 3 SB-1058


Statutes affected:
Raised Bill: 54-131k, 18-81nn
JUD Joint Favorable Substitute: 54-127, 54-127a, 54-131a, 54-131b, 54-131k, 18-81nn
File No. 615: 54-127, 54-127a, 54-131a, 54-131b, 54-131k, 18-81nn