reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 54 - Criminal Procedure › 102j - DNA Data Bank › Section 54-102j-2a - DNA records searches and release of information

Current through July 10, 2024
(a)
Procedure for a search request by a law enforcement agency
(1) With the exception of a request made by
			 the forensic science laboratory director or his or her designee, any request to
			 search the DNA data bank shall include the name and position of the person
			 making the search request, the requesting agency and the purpose of the search.
			 Such search request, which shall be directed to the forensic science laboratory
			 director, shall be submitted in writing on official letterhead of the agency
			 making the request. Such written request may be submitted in person, by mail or
			 by electronic means.
(2) The
			 forensic science laboratory director or his or her designee shall verify the
			 identity and employment or other affiliation of the person making the search
			 request by telephoning or writing to someone in authority at the agency that
			 the person represents to confirm that the individual has the authority to make
			 the request.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 102j - DNA Data Bank › Section 54-102j-3a - Establishment of a statistical database

Current through July 10, 2024
(a)
Removal
			 of identifying information
Any data obtained from a DNA data bank sample and used to
				establish a separate statistical database shall have any individual identifying
				information deleted from the database file when used for this purpose.
(b)
Release of statistical
			 information
Statistical information may be released and shared by
				authorized laboratory personnel with other laboratories, statisticians, law
				enforcement or criminal justice agencies.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-10 - Petition for declaratory ruling

Current through July 10, 2024
(a)
General
			 rule
. Any person may petition the Board of Pardons and Paroles, or the
			 Board of Pardons and Paroles may initiate a proceeding, for a declaratory
			 ruling as to the validity of any regulation, or the applicability to specified
			 circumstances of a provision of the Connecticut General Statutes, regulation,
			 or final decision, on a matter within the Board of Pardons and Paroles'
			 jurisdiction.
(b)
Form of
			 petition for declaratory ruling.
Petitions for a declaratory ruling
			 shall be addressed to the Board of Pardons and Paroles and sent by certified
			 mail to its principle office. The petition shall:
(1) be in writing, signed, and dated by the
			 petitioner;
(2) include the name
			 and address of the petitioner and the name and address of the petitioner's
			 attorney, if applicable;
(3)
			 identify the particular statute, regulation, or final decision for which a
			 ruling is sought;
(4) state clearly
			 and concisely the question or questions for which a ruling is sought;
(5) state the position of the petitioner,
			 including a statement of appropriate factual background relative to each
			 question for which a ruling is sought; and
(6) include any supporting data, facts, and
			 arguments in support of the position of the petitioner with such legal citation
			 as may be appropriate.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-11 - Petition for regulation

Current through July 10, 2024
(a)
Who may
			 file.
Any interested person may petition the Board of Pardons and
			 Paroles to adopt, amend, or repeal a regulation of said Board.
(b)
Form of petition for
			 regulation.
Petitions shall be addressed to the Board of Pardons and
			 Paroles and sent by certified mail to its principal office. The petition shall:
(1) Be in writing, signed, and dated by the
			 petitioner;
(2) Include the name
			 and address of the petitioner and the name and address of the petitioner's
			 attorney, if applicable;
(3)
			 Identify any regulation which the petitioner would like adopted, amended, or
			 repealed;
(4) State clearly and
			 concisely the language of the proposed regulation, amendment, or repeal;
			 and
(5) Include any supporting
			 data, facts, and arguments in support of the position of the petitioner with
			 such legal citation as may be appropriate.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-12 - Personal data, definitions

Current through July 10, 2024
(a) As used in
			 sections 54-124a-12 to 54-124a-18, inclusive, of the Regulations of Connecticut
			 State Agencies:
(1) "Board" means the Board of
			 Pardons and Paroles.
(2) "Category
			 of personal data" means the classifications of personal information set forth
			 in subdivision (9) of section 4-190 of the Connecticut General
			 Statutes.
(3) "Certificate of
			 rehabilitation" has the same meaning as provided in section 54-130e of the
			 Connecticut General Statutes.
(4)
			 "Freedom of Information Act" means chapter 14 of the Connecticut General
			 Statutes.
(5) "Other data" means
			 any information other than personal data, which because of name, identifying
			 number, mark or description can be readily associated with a particular
			 person.
(6) "Parole" means the
			 conditional release of an individual from confinement in a correctional
			 institution or facility prior to expiration of the maximum term or terms of
			 imprisonment pursuant to sections 54-125, 54-125a, 54-125d, 54-125g, 54-125i,
			 54-131a to 54-131g, inclusive, or 54-131k of the Connecticut General Statutes;
			 the court-ordered period of community supervision following expiration of the
			 maximum term or terms of imprisonment pursuant to section 54-125e of the
			 Connecticut General Statutes; or transfers to the jurisdiction of the
			 chairperson of the Board pursuant to section 54-125h of the Connecticut General
			 Statutes.
(7) "Personal Data Act"
			 means chapter 55 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-13 - General nature and purpose of personal data systems

Current through July 10, 2024
The Board maintains the following personal data systems:
(a)
Parole records.
(1) All parole records are maintained at the
			 Board's office at 55 West Main Street, Waterbury, CT 06703 and on file servers
			 at various locations within the State of Connecticut.
(2) The Board is responsible for maintaining
			 parole records.
(3) Parole records
			 are maintained in both automated and manual form.
(4) Parole records are maintained for the
			 purposes of determining eligibility and suitability for parole; determining
			 whether to add, amend, or remove conditions of parole; adjudicating parole
			 revocation and rescission actions; determining whether to grant early discharge
			 from parole or early termination of parole; and administering the Interstate
			 Compact for Adult Offender Supervision, under section 54-133 of the Connecticut
			 General Statutes.
(5) All requests
			 for disclosure or amendment of parole records shall be directed to the
			 Board.
(6) Routine sources of
			 information retained in parole records include: the parolee or inmate; the
			 Department of Correction; Connecticut and United States Courts; the Court
			 Support Services Division of the Judicial Branch; the Office of Victim Services
			 of the Judicial Branch; victims of crimes committed by the parolee or inmate;
			 the Connecticut State Police; municipal police departments; contracted mental
			 health, health, and service providers; and state and federal criminal justice
			 information systems.
(7) Personal
			 data in parole records is collected, maintained, and used under the authority
			 of section 54-124a of the Connecticut General Statutes.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-14 - Categories of personal data

Current through July 10, 2024
(a)
Parole
			 records.
(1) The following categories
			 of personal data may be maintained in the Board's parole records:
(A) Criminal history.
(B) Correctional disciplinary
			 history.
(C) Employment or business
			 history.
(D) Family or personal
			 history.
(E) Educational
			 information.
(F) Medical or
			 emotional condition or history.
(G)
			 Correctional classification information.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-15 - Maintenance of personal data

Current through July 10, 2024
(a)
General.
(1) Personal data shall
			 not be maintained unless relevant and necessary to accomplish the lawful
			 purposes of the Board. Where the Board finds irrelevant or unnecessary public
			 records in its possession, the Board shall dispose of the records in accordance
			 with its records retention schedule and with the approval of the Public Records
			 Administrator in accordance with the provisions of section 11-8a of the
			 Connecticut General Statutes, or if the records are not disposable under the
			 records retentions schedule, request permission from the Public Records
			 Administrator to dispose of the records under section 11-8a of the Connecticut
			 General Statutes.
(2) The Board
			 shall collect and maintain all records with accurateness and
			 completeness.
(3) Insofar as it is
			 consistent with the needs and mission of the Board, wherever practical, the
			 Board shall collect personal data directly from the individual to whom a record
			 pertains.
(4) Employees of the
			 Board involved in the operations of the Board's personal data systems shall be
			 informed of the provisions of (A) the Personal Data Act, (B) sections
			 54-124a-12 to 54-124a-18, inclusive, of the Regulations of Connecticut State
			 Agencies, (C) the Freedom of Information Act, and (D) any other state or
			 federal statute or regulations concerning maintenance or disclosure of personal
			 data kept by the Board.
(5) All
			 employees of the Board shall take reasonable precautions to protect personal
			 data under their custody from the danger of fire, theft, flood, natural
			 disaster and other physical threats.
(6) The Board shall incorporate by reference
			 the provisions of the Personal Data Act and regulations adopted thereunder in
			 all contract, agreements or licenses for the operation of a personal data
			 system for research, evaluation and reporting of personal data for the Board or
			 on its behalf.
(7) The Board shall
			 have an independent obligation to ensure that personal data requested from any
			 other state agency is properly maintained.
(8) Only employees of the Board who have a
			 specific need or legal authority to review personal data records for lawful
			 purposes of the Board shall be entitled to access to such records under the
			 Personal Data Act.
(9) The Board
			 shall keep a written up-to-date list of individuals entitled to access to each
			 of the Board's personal data systems.
(10) The Board shall ensure against
			 unnecessary duplication of personal data records.
(11) The Board shall ensure that all records
			 in manual personal data systems are kept under lock and key, and, to the
			 greatest extent practical, are kept in controlled access areas.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-16 - Disclosure of personal data

Current through July 10, 2024
(a) Not later than
			 four business days after receipt of a written request therefor, the Board shall
			 mail, electronically transmit, or deliver to the requesting individual a
			 written response in plain language, informing him or her as to whether or not
			 the Board maintains personal data on that individual, the category and location
			 of the personal data maintained on that individual, and procedures available to
			 review the records.
(b) Except
			 where nondisclosure is required or specifically permitted by law, the Board
			 shall disclose to any individual upon written request all personal data
			 concerning that individual which is maintained by the Board. The procedures for
			 disclosure shall be in accordance with the Freedom of Information Act. If the
			 personal data is maintained in coded form, the Board shall transcribe the data
			 into a commonly understandable form before disclosure.
(c) The Board is responsible for verifying
			 the identity of any individual requesting access to his or her own personal
			 data.
(d) The Board is responsible
			 for ensuring that disclosure made pursuant to the Personal Data Act is
			 conducted so as not to disclose any personal data concerning individuals other
			 than the individual requesting the information.
(e) The Board may refuse to disclose to an
			 individual medical, psychiatric or psychological data on that individual if the
			 Board determines that such disclosure would be detrimental to that
			 individual.
(f) In any case where
			 the Board refuses disclosure, it shall advise that individual of his or her
			 right to seek judicial relief pursuant to the Personal Data Act.
(g) If the Board refuses to disclose medical,
			 psychiatric or psychological data to an individual based on its determination
			 that disclosure would be detrimental to that individual and nondisclosure is
			 not mandated by law, the Board shall, at the written request of such
			 individual, permit a qualified medical doctor to review the personal data
			 contained in the individual's records to determine if the personal data should
			 be disclosed. If disclosure is recommended by the individual's medical doctor,
			 the Board shall disclose the personal data to such individual; if nondisclosure
			 is recommended by such individual's medical doctor, the Board shall not
			 disclose the personal data and shall inform such individual of the judicial
			 relief provided under the Personal Data Act.
(h) The Board shall maintain a complete log
			 of each individual, agency, or organization who has obtained access to, or to
			 whom disclosure has been made of personal data, under the Personal Data Act,
			 together with the reason for each such disclosure or access. This log shall be
			 maintained for not less than five years from the date of such disclosure or
			 access or for the life of the personal data record, whichever is
			 longer.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-17 - Contesting the content of personal data records

Current through July 10, 2024
(a) Any
			 individual who believes that the Board is maintaining inaccurate, incomplete or
			 irrelevant personal data concerning him or her may file a written request with
			 the Board for correction of said personal data.
(b) Not later than thirty days after receipt
			 of such request, the Board shall give written notice to that individual that it
			 will make the requested correction, or if the correction is not to be made as
			 submitted, the Board shall state the reason for its denial of such request and
			 notify the individual of his or her right to add his or her own statement to
			 his or her personal data records.
(c) Following such denial by the Board, the
			 individual requesting such correction shall be permitted to add a statement to
			 his or her personal data record setting forth what that individual believes to
			 be an accurate, complete and relevant version of the personal data in question.
			 Such statements shall become a permanent part of the Board's personal data
			 system and shall be disclosed to any individual, agency or organization to
			 which the disputed personal data is disclosed.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a - Board of Pardons and Paroles Concerning › Section 54-124a-18 - Uses to be made of the personal data

Current through July 10, 2024
(a)
Parole
			 records.
(1) Parole records are
			 routinely used to determine eligibility and suitability for parole; determine
			 whether to add, amend, or remove conditions of parole; adjudicate parole
			 revocation and rescission actions; determine whether to grant early discharge
			 from parole or early termination of parole; and to administer the Interstate
			 Compact for Adult Offender Supervision. Users include members and employees of
			 the Board, employees of the Department of Correction, counsel for the parolee,
			 and others authorized by law.
(2)
			 The Board shall retain parole records for the period indicated for such records
			 in the Board's retention and destruction of records schedule approved by the
			 Public Records Administrator pursuant to section 11-8a of the Connecticut
			 General Statutes.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-2 - Application

Current through July 10, 2024
Sections
				54-124a(j)(1)
				-1 to 54-124a(j)(1)-12, inclusive, of the Regulations of Connecticut State
				Agencies, apply to persons under supervision on parole, regardless of how they
				were released to parole status. Sections
				54-124a(j)(1)
				-1 to 54-124a(j)(1)-12, inclusive, of the Regulations of Connecticut State
				Agencies, are not the source of rights of offenders but describe the process by
				which any rights such offenders may have under the Constitution or laws of the
				United States or the Constitution or laws of the State of Connecticut may be
				exercised.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-3 - Scope. Parole revocation and rescission proceedings are not contested cases. No appeal

Current through July 10, 2024
Parole revocation and rescission proceedings involve the
				cancellation of the conditional privilege of the service of a portion of a
				criminal sentence outside prison under supervision in the community or the
				cancellation of the period of special parole imposed by a court as part of the
				disposition of a criminal case. Parole revocation and rescission proceedings
				are not contested cases pursuant to the provisions of the Uniform
				Administrative Procedure Act, section
				4-166 of the
				Connecticut General Statutes. There is no appeal from a decision to revoke or
				rescind parole.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-4 - Remand

Current through July 10, 2024
(a) The Commissioner of Correction, any
			 officer designated by the Commissioner of Correction, the Board of Pardons and
			 Paroles and the Chairperson of the Board may remand to actual custody any
			 offender charged with violation of parole.
(b) Offenders remanded to actual custody for
			 parole violation have no right to bail and may be detained pending revocation
			 proceedings.
(c) The Remand to
			 Actual Custody Order shall be valid for thirty business days, after which it
			 shall be void, provided that:
(1) Any Remand
			 to Actual Custody Order not executed may be renewed and reissued;
(2) any Remand to Actual Custody Order may be
			 renewed by a Hearing Examiner pending completion of a preliminary hearing
			 rescheduled past thirty days from return to actual custody for good cause;
			 and
(3) any Remand to Actual
			 Custody Order for an offender held on behalf of another jurisdiction may be
			 renewed by the Deputy Compact Administrator under the Interstate Compact for
			 Adult Offender Supervision for good cause.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-5 - Preliminary hearing and detention

Current through July 10, 2024
(a) Unless waived,
			 an offender charged with violation of parole shall be afforded a preliminary
			 hearing on the charges of violation of parole.
(b) Not later than fourteen business days
			 after the remand to actual custody, a Hearing Examiner shall conduct the
			 preliminary hearing, unless continued for good cause.
(c) On three days advance notice to the
			 offender, for good cause, the preliminary hearing may be expanded to constitute
			 the final revocation hearing.
(d)
			 At the preliminary hearing the offender may appear and testify and may present
			 written materials and witnesses who can give relevant and material information
			 to the Hearing Examiner regarding the allegations of violation of parole and
			 mitigation. On request of the offender, persons who have given adverse
			 information upon which revocation is premised shall be made available for
			 questioning unless excused for good cause.
(e) The preliminary hearing shall be for the
			 purpose of determining:
(1) Whether there is
			 probable cause to believe that the offender has committed an act in violation
			 of the conditions of parole; provided that, the probable cause finding included
			 in an arrest warrant issued by a judge of a court of competent jurisdiction or
			 determined at arraignment by any such court of competent jurisdiction following
			 a new arrest shall be conclusive evidence that there is probable cause to
			 believe that the offender has violated a condition of parole and the issue of
			 probable cause shall not be revisited by the Hearing Examiner or other parole
			 officials;
(2) whether the act is
			 serious enough to warrant revocation of parole; and
(3) whether the offender should be detained
			 pending further revocation proceedings.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-6 - Pending criminal charges. Acquittal, dismissal or nolle prosequi

Current through July 10, 2024
Parole revocation procedures premised upon criminal misconduct
				that is the subject of prosecution shall be continued until the criminal matter
				is disposed. Dispositions of acquittal, dismissal or
nolle
				prosequi
are not binding on the Board for revocation purposes. Such a
				disposition shall be reviewed to determine whether revocation proceedings
				remain appropriate. If not, the revocation matter shall be dismissed, the
				warrant withdrawn, and the offender's parole reinstated.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-7 - New conviction. Revocation. New eligibility date

Current through July 10, 2024
(a) The supervising parole officer shall
			 monitor the status of criminal prosecution of each offender accused of
			 violation of parole based upon criminal misconduct. Not later than fourteen
			 business days following any new conviction the supervising parole officer shall
			 report to the Board the circumstances regarding the conviction.
(b) Conviction of a new crime is conclusive
			 evidence of violation of conditions of parole and shall result in revocation of
			 parole.
(c) If the new sentence or
			 aggregation of sentences results in a new calculated parole eligibility date
			 that exceeds the term or period of supervision of the original sentence from
			 which the offender was paroled, or any confinement that would be imposed for
			 violation of parole with respect to the original sentence, no further hearing
			 is required. The Hearing Examiner shall send to the Commissioner of Correction
			 and to the offender a notice of revocation of parole and, to the offender, a
			 preliminary new parole eligibility date with respect to the new
			 sentence.
(d) If the new sentence
			 or aggregation of sentences results in a calculated parole eligibility date
			 that falls within the term of the original sentence from which the offender was
			 paroled, the Hearing Examiner shall conduct a revocation hearing to determine
			 mitigation surrounding the violation and the possibility and conditions of
			 potential reparole within the term of the original sentence. The Hearing
			 Examiner, may recommend no reparole, reparole, or a parole eligibility date
			 following the hearing.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-8 - Diversion. Expedited revocation disposition. Procedure

Current through July 10, 2024
In any appropriate case and at any stage of the revocation
				process before final revocation, the Board may:
(1) Divert the offender from revocation and
			 reinstate without a finding of violation upon the same conditions of parole as
			 originally provided for; or, with sufficient notice and opportunity for hearing
			 to the offender, impose additional or more stringent conditions of parole;
			 or
(2) Offer the offender a
			 time-limited, one-time only, non-negotiable expedited revocation disposition,
			 conditioned upon admission to one or more of the pending parole violation
			 charges and acceptance of responsibility for the parole violation conduct in
			 return for a specified revocation disposition. If the offender accepts the
			 expedited revocation disposition within the time period allowed, the expedited
			 revocation disposition shall become the official Board action. If the offender
			 does not accept the expedited revocation disposition within the time period
			 allowed, the expedited revocation disposition shall not be considered further
			 during continuing revocation proceedings.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-10 - Rescission of parole

Current through July 10, 2024
(a) After the Board
			 has granted parole, it may modify or rescind parole for the following reasons:
(1) A serious act of misconduct before
			 release;
(2) significant adverse
			 information regarding the offender, received after the hearing resulting in the
			 parole grant but before release; or
(3) the absence of a suitable release
			 plan.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-11 - Rescission of parole following a new conviction

Current through July 10, 2024
Conviction of a new crime committed before release on parole
				shall be conclusive evidence of serious misconduct and parole shall be
				rescinded.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-12 - Counsel

Current through July 10, 2024
(a) Offenders subject to revocation
			 proceedings and offenders in Effective Parole Status subject to rescission
			 proceedings for serious misconduct may retain counsel of their choice to assist
			 in the revocation or rescission process.
(b) The Chairperson shall appoint counsel to
			 represent offenders subject to revocation proceedings and offenders in
			 Effective Parole Status subject to rescission proceedings for serious
			 misconduct in the following circumstances:
(1) The offender is indigent;
(2) the offender makes a timely and colorable
			 claim of:
(A) Innocence of the misconduct
			 alleged; or
(B) although guilty of
			 misconduct, the existence of substantial reasons that justify or mitigate the
			 violation and render the revocation or rescission inappropriate;
(3) the claim of innocence or the
			 reasons justifying or mitigating the violation are complex or otherwise
			 difficult to develop or present; and,
(4) the offender appears incapable of
			 speaking effectively.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(2) - Expedited Pardons Review › Expedited Pardons Review › Section 54-124a(j)(2)-1a - Definitions

Current through July 10, 2024
As used in this section and sections
				  54-124a(j)(2)
				  -2a to
				  54-124a(j)(2)
				  -7a, inclusive, of the Regulations of Connecticut State Agencies:
(1) "Applicant" means a person convicted of
				an offense who completes an application for pardon consideration by the Board
				of Pardons and Paroles;
(2) "Board"
				means the Board of Pardons and Paroles;
(3) "Chairperson" means the Chairperson of
				the Board of Pardons and Paroles;
(4) "Expedited pardon" means a pardon
				application identified by an employee of the Board as meeting the criteria
				described in section 54-124a(j)(2)-6a of the Regulations of Connecticut State
				Agencies that will be reviewed by a panel of the Board of Pardons and Paroles
				and which may be granted without a hearing to a person convicted of an offense
				other than a violent offense, after the consideration of the application
				submitted to the Board of Pardons and Paroles in accordance with sections
				54-124a(j)(2)
				-2a to 54-124a(j)(2)-7a, inclusive, of the Regulations of Connecticut State
				Agencies;
(5) "Incarceration" means
				the period of time an individual is confined in a correctional institution,
				under Department of Correction supervision, or under parole
				supervision;
(6) "Pardon" means the
				conditional or absolute release from the legal penalties resulting from the
				conviction of an offense;
(7)
				"Victim" means "victim of crime" or "crime victim" as provided in section
				1-1k
				of the Connecticut General Statutes; and
(8) "Violent offense" means any offense (A)
				for which an individual is convicted and which causes such individual's
				eligibility for parole release to be subject to the provisions of section
				54-125a(b)
				of the Connecticut General Statutes, (B) that results in a conviction for a
				violation of section
				53a-55,
				53a-55a,
				53a-56,
				53a-56a,
				53a-56b,
				53a-57,
				53a-58,
				53a-59,
				53a-59a,
				53a-59b,
				53a-60,
				53a-60a,
				53a-60b,
				53a-60c,
				53a-64aa,
				53a-64bb,
				53a-70,
				53a-70b,
				53a-72b,
				53a-92,
				53a-92a,
				53a-94,
				53a-94a,
				53a-95,
				53a-100aa,
				53a-101,
				53a-102,
				53a-102a,
				53a-103a,
				53a-111,
				53a-112,
				53a-134,
				53a-135,
				53a-136,
				53a-167c,
				53a-179b,
				53a-179c,
				53a-181c
				or
				53a-321
				of the Connecticut General Statutes, (C) for which an individual is convicted
				and which causes such individual to serve at least eighty-five per cent of such
				individual's sentence pursuant to a policy established by the Board, or (D) for
				which an individual is convicted and is otherwise prohibited from being granted
				parole.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(2) - Expedited Pardons Review › Expedited Pardons Review › Section 54-124a(j)(2)-2a - Review of applications received

Current through July 10, 2024
An employee of the Board shall review each application
				  received for pardon consideration, and identify applications eligible for an
				  expedited pardon that meet the criteria described in section
				  54-124a(j)(2)
				  -6a of the Regulations of Connecticut State Agencies. Applicants who were
				  convicted of violent offenses shall not be eligible for an expedited
				  pardon.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(2) - Expedited Pardons Review › Expedited Pardons Review › Section 54-124a(j)(2)-3a - Attempt to identify and notify victim of an offense

Current through July 10, 2024
After applicants who are eligible for an expedited pardon
				  have been identified pursuant to section
				  54-124a(j)(2)
				  -2a of the Regulations of Connecticut State Agencies, the Office of Victim
				  Services within the Judicial Department or Victim Services Unit within the
				  Department of Correction shall attempt to identify and notify any victim of the
				  offense that is the subject of a pardon application deemed eligible for an
				  expedited pardon.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(2) - Expedited Pardons Review › Expedited Pardons Review › Section 54-124a(j)(2)-4a - Notification to Board by victim to be heard personally

Current through July 10, 2024
Pursuant to section
				  54-228
				  of the Connecticut General Statutes, if a victim requests the opportunity to be
				  heard personally prior to the Board taking final action on the application, the
				  application shall be ineligible for an expedited pardon and the application
				  shall be scheduled for a full pardon hearing. The Board shall notify the
				  applicant and the victim of the hearing date.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(2) - Expedited Pardons Review › Expedited Pardons Review › Section 54-124a(j)(2)-5a - Board review of expedited pardon applications

Current through July 10, 2024
A panel consisting of three members of the Board shall meet
				  to review each application for an expedited pardon that has been identified
				  pursuant to section
				  54-124a(j)(2)
				  -2a of the Regulations of Connecticut State Agencies. For an application for an
				  expedited pardon to be approved, at least two of the three members of the panel
				  shall be required to vote for such approval. Should an application fail to
				  receive the two votes required for approval, the pardon application may be
				  denied or scheduled for a full pardon hearing.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(2) - Expedited Pardons Review › Expedited Pardons Review › Section 54-124a(j)(2)-6a - Grant of expedited pardon without hearing

Current through July 10, 2024
The Board may grant an expedited pardon to an applicant
				  without a hearing, provided that:
(1)
				The offense is not a violent offense;
(2) It has been at least five years from the
				date of conviction for a felony and at least three years from the date of
				conviction for a misdemeanor, pursuant to section
				54-130a
				of the Connecticut General Statutes;
(3) The applicant's service of any sentence
				has been completed, including but not limited to any period of imprisonment,
				probation or parole, payment of court-ordered fines and completion of any
				court-ordered program or community service, as applicable;
(4) The applicant has not been convicted of
				any other offense other than the offenses included in the application;
				and
(5) The applicant has no
				pending criminal charges or open criminal cases in Connecticut or any other
				jurisdiction.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(2) - Expedited Pardons Review › Expedited Pardons Review › Section 54-124a(j)(2)-7a - Discretion of Board regarding expedited pardons

Current through July 10, 2024
The Board shall have the discretion to require an application
				  eligible for an expedited pardon to receive a full hearing. In determining
				  whether an application shall be scheduled for a full hearing, the Board may
				  consider the underlying act or acts constituting the offense or any offense for
				  which the applicant has served a sentence of imprisonment or any other relevant
				  information that demonstrates a tendency toward the use, attempted use or
				  threatened use of physical force against another person.
Information may include, but not be limited to, presentence
				  reports, criminal records check, sentencing dockets, Criminal Justice
				  Information System information, police reports, out of state criminal records,
				  parole and probation reports, victim statements, witness statements, and the
				  applicant's prior incarceration history.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(3) - Reasons for Denial of Pardon Application › Section 54-124a(j)(3)-1 - Reasons for denial of pardon application

Current through July 10, 2024
Any pardons panel of the Board of Pardons and Paroles that
				denies an application for a pardon shall provide a written statement of reasons
				the application was denied.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 125a - Statutory Provisions for Parole Pursuant to Public Act 95-255 › Section 54-125a-1 - Definitions

Current through July 10, 2024
For the purposes of sections 54-125a-1 through
				54-125a-6, the
				following definitions shall apply:
(1)
			 "Board" means the Board of Parole as established under section
			 54-124a
			 of the general statutes, and shall include the full board membership or a panel
			 of two or more board members appointed under subsection (e) of section
			 54-124a.
(2) "Definite sentence" means a sentence of
			 imprisonment under section
			 53a-35a
			 of the general statutes.
(3)
			 "Inmate" means any person who is in the custody of the Commissioner of
			 Correction or the Board of Parole.
(4) "Offense" shall have the same meaning as
			 provided in section
			 53a-24
			 of the general statutes.
(5)
			 "Parole" means a change of custody from the Commissioner of Correction to the
			 Board of Parole.
(6) "Parole
			 eligibility date" means the earliest date on which an inmate may be allowed to
			 go at large on parole in accordance with section
			 54-125a
			 of the general statutes, as amended by public act 95-255.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 125a - Statutory Provisions for Parole Pursuant to Public Act 95-255 › Section 54-125a-2 - Application

Current through July 10, 2024
Sections
				54-125a-1,
				54-125a-2,
				54-125a-3,
				54-125a-4,
				54-125a-5
				and
				54-125a-6 shall
				apply to inmates who, on or after July 1, 1996, are convicted of an offense for
				which parole is authorized.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 125a - Statutory Provisions for Parole Pursuant to Public Act 95-255 › Section 54-125a-3 - Procedure

Current through July 10, 2024
(a) The Board shall make a determination
			 whether the inmate is ineligible for parole until he or she has served not less
			 than 85% of his or her definite sentence or sentences, pursuant to section
			 54-125a
			 of the general statutes, as amended by public act 95-255. If such determination
			 is in the affirmative, the board shall notify the inmate of his or her earliest
			 parole eligibility date based upon serving not less than 85% of his or her
			 definite sentence or sentences. The Board shall also notify the Department of
			 Correction of all such determinations.
(b) The Board of Parole shall make a
			 determination of an inmate's earliest parole eligibility date. The Board, in
			 making such determination, shall obtain, on a weekly basis, a list of all
			 inmates sentenced within the previous week. A criminal history of the inmate,
			 will be obtained which may include, but shall not be limited to, a State Police
			 criminal records check, out of state criminal records check, police reports,
			 previous parole and probation reports, and any other information that the Board
			 deems relevant. Criminal justice data systems will be queried for information
			 regarding the length of sentence for each specific charge. The Chairman of the
			 Board of Parole shall convene a panel of two or more parole board members to
			 review the information compiled. The panel will determine whether the inmate
			 must serve 50% or 85% of his or her sentence before becoming eligible for
			 Parole. The inmate and the Department of Correction will then be notified of
			 the Board's determination.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 125a - Statutory Provisions for Parole Pursuant to Public Act 95-255 › Section 54-125a-4 - Criteria

Current through July 10, 2024
(a) The board shall determine whether the
			 statutory definition of the offense or any offenses for which an inmate is
			 serving a sentence of imprisonment contains one or more elements which involve
			 the use, attempted use or the threatened use of physical force against another
			 person. Such inmates shall be ineligible for parole until they shall have
			 served not less than 85% of their definite sentences pursuant to section
			 54-125a
			 of the general statutes, as amended by public act 95-255.
(b) In all other cases, the board shall
			 determine whether the underlying act or acts constituting the offense or any
			 offense for which the inmate is serving a sentence of imprisonment, or any
			 other relevant information, demonstrate that the inmate is a violent offender.
			 Not less than thirty days prior to making such determination, the board shall
			 notify the division of criminal justice, and shall consider all information and
			 comment provided by that agency. If the board determines that an inmate meets
			 such criteria, the inmate shall be ineligible for parole until he or she has
			 served not less than 85% of his or her definite sentence or sentences pursuant
			 to section
			 54-125a
			 of the general statutes, as amended by public act 95-255.
(c) In classifying inmates under subsections
			 (a) and (b) of this section, the board may consider any information which it
			 deems to be relevant.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 125a - Statutory Provisions for Parole Pursuant to Public Act 95-255 › Section 54-125a-5 - Guidelines

Current through July 10, 2024
(a) The Board shall determine whether the
			 statutory definition of the offense or any offenses for which an inmate was
			 convicted of or is serving a sentence of imprisonment contains one or more
			 elements which involve the use, attempted use or threatened use of physical
			 force against another person. No such inmate shall become parole eligible until
			 he or she has served not less than 85% of his or her definite sentence pursuant
			 to the general statutes listed. The following Connecticut General Statutes are
			 applicable to an inmate's 85% determination: 53a-55, 53a-55a, 53a-56, 53a-56a,
			 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70,
			 53a-70a, 53a-70b, 53a-72b, 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-101,
			 53a-102a, 53a-103a, 53a-111, 53a-112, 53a-134, 53a-135, 53a-136, 53a-167c,
			 53a-179b, 53a-179c, 53a-181c.
(b)
			 In all other cases, the Board shall consider the underlying act or acts
			 constituting the offense or any offense for which the inmate is serving a
			 sentence of imprisonment or any other relevant information that demonstrates a
			 tendency toward the use, attempted use or threatened use of physical force
			 against another person. Information may include, but not be limited to,
			 presentence reports. State Police criminal records check, sentencing dockets,
			 Criminal Justice Information System information, police reports, out of state
			 criminal records, parole and probation reports, victim(s) statement, witness
			 statements, inmates prior incarceration history. After reviewing this
			 information, the panel will determine whether the inmate has a past history
			 and/or a series or a pattern of convictions for an offense or offenses
			 described in subsection (a) of these guidelines.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 125a - Statutory Provisions for Parole Pursuant to Public Act 95-255 › Section 54-125a-6 - Effect

Current through July 10, 2024
Decisions of the Board under sections
				54-125a-1
				to 54-125a-6, inclusive, of the Regulations of Connecticut State Agencies shall
				be limited solely to the determination of inmates' earliest parole eligibility
				dates pursuant to section
				54-125a
				of the general statutes, as amended by public act 95-255, and shall not be
				relevant in proceedings to determine whether an inmate should be granted parole
				on that or subsequent dates, nor to any other parole matter.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 125b - Criteria and Procedures for Release of Inmates Without Parole Hearing › Section 54-125b-1 - Criteria and procedures for release of inmates without parole hearing (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 54 - Criminal Procedure › 222a - Duties of Peace Officers › Section 54-222a-1 - Responsibilities of peace officers

Current through July 10, 2024
(a) Each peace
			 officer within this state, as defined in Section
			 53a-3(9)
			 of the Connecticut General Statutes, who determines that a crime has been
			 committed shall, pursuant to Section
			 54-222a
			 of Connecticut General Statutes, render immediate assistance to each victim of
			 such crime unless another peace officer has already done so.
(b) That assistance shall include obtaining
			 medical assistance for the victim if the peace officer determines that the
			 victim has suffered physical injury as defined in Section
			 53a-3(3)
			 of the Connecticut General Statutes, unless the victim, having been advised of
			 the availability of medical assistance, instructs the peace officer not to
			 obtain such assistance.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 222a - Duties of Peace Officers › Section 54-222a-2 - Victim suffering physical injury to receive victim assistance card

Current through July 10, 2024
(a) In the event that an investigation
			 reveals one or more identifiable victims who have suffered physical injury, the
			 peace officer in charge shall insure that a victim assistance card is delivered
			 to each such victim pursuant to Section
			 54-222a
			 of the Connecticut General Statutes.
(b) The victim assistance card shall be
			 delivered at the first reasonable opportunity, taking into account the physical
			 and emotional condition of the victim, the exigencies of the investigation and
			 any other relevant factors.
Connecticut Administrative Code › Title 54 - Criminal Procedure › 222a - Duties of Peace Officers › Section 54-222a-3 - Other victims shall receive a victim assistance card

Current through July 10, 2024
(a) A member of the family of any crime
			 victim who has been killed or rendered unconscious shall receive a
			 card.
(b) A crime victim who has
			 suffered serious emotional trauma shall receive a card.
(c) A victim of Family Violence, as defined
			 by Section
			 46b-38b
			 of the Connecticut General Statutes, shall receive a card.