Chapter 325 - Department of Correction

Sec. 18-81jj. Correction Advisory Committee. (a) There is established the Correction Advisory Committee that shall consist of eleven members. Such members shall be appointed as follows:

(1) One who is directly impacted, appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction;

(2) One who has expertise in law, specifically the rights of incarcerated persons, appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction;

(3) One who has a demonstrated interest in advancing the rights and welfare of incarcerated persons, appointed by the president pro tempore of the Senate;

(4) One who has a demonstrated interest in advancing the rights and welfare of incarcerated persons, appointed by the speaker of the House of Representatives;

(5) One who has expertise in the provision of mental health care to incarcerated persons or formerly incarcerated persons, appointed by the minority leader of the Senate;

(6) One who has expertise in the provision of medical care to incarcerated persons or formerly incarcerated persons, appointed by the minority leader of the House of Representatives;

(7) One of whom is a victim of a violent crime, a person who advocates for victims' rights or an attorney who has represented a victim of a violent crime, appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction;

(8) One who has an expertise in corrections, appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction; and

(9) Three who are appointed by the Governor, one of whom has expertise in corrections, one of whom has expertise in medication in a correctional setting and one of whom is directly impacted.

(b) For purposes of subsection (a) of this section, “directly impacted” means (1) a person who was previously incarcerated within a facility operated by the department and is no longer under probation or any supervision by the department, or (2) a family member of a person described in subdivision (1) of this subsection or of a person who is in the custody of the Commissioner of Correction.

(c) All appointments to the committee, including vacancy appointments which shall be filled by the appointing authority having the power to make the original appointment, shall be made as follows:

(1) Not later than thirty days after May 10, 2022, or after any vacancy, each appointing authority or any such authority filling a vacancy shall submit a letter designating such authority's appointment or appointments to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction. Such joint standing committee shall post such letters on its Internet web site. The Senate and House chairpersons of such joint standing committee shall schedule a public hearing of such proposed appointments to be conducted not later than forty days after May 10, 2022, or ten days after the submission of a letter in the case of a vacancy.

(2) After such hearing, each appointing authority shall confirm or withdraw such authority's appointment or appointments. Any appointing authority who withdraws an appointment shall, not later than ten days after such withdrawal, submit a new letter to such joint standing committee of the General Assembly designating a different appointment or appointments, which shall initiate the hearing and approval or withdrawal process pursuant to subdivision (1) of this subsection and this subdivision for such appointment or appointments.

(d) The chairpersons of the Correction Advisory Committee shall be the members appointed pursuant to subdivisions (1) and (2) of subsection (a) of this section. Such chairpersons shall schedule the first meeting of said committee, which shall be held not later than sixty days after May 10, 2022.

(e) Each committee member shall serve a four-year term, except that each initial term shall run for four years from February 1, 2023. Each committee member may serve up to two terms. In the event of a vacancy appointment, the member appointed to fill the vacancy shall serve the remainder of the original member's four-year term and may be reappointed for up to two more terms.

(f) Each member shall serve without compensation but shall, within available appropriations, be reimbursed for necessary expenses that such member may incur through service on the Correction Advisory Committee.

(g) Each member shall, not later than ten days after the first meeting of the Correction Advisory Committee in which such member participates, take an oath of office to diligently and honestly administer the affairs of said committee. The oath shall be administered by a chairperson of said committee.

(h) A majority of the members appointed to the Correction Advisory Committee shall constitute a quorum, which shall be necessary for the committee to conduct business. A majority vote of the members present shall be required for action of the committee.

(i) Any committee member shall be indemnified and represented by the Attorney General pursuant to section 5-141d.

(j) The Correction Advisory Committee shall perform the following functions:

(1) Submit a list of candidates for Correction Ombuds for the Governor's consideration, pursuant to subsection (k) of this section;

(2) Review the actions of the Correction Ombuds pursuant to section 18-81qq;

(3) Meet not less than quarterly to bring matters to the Correction Ombuds' attention and to consult on the Correction Ombuds' services, findings and recommendations; and

(4) Convene semiannual public hearings to discuss the Correction Ombuds' services, findings and recommendations.

(k) Not later than eighty days after May 10, 2022, or not later than sixty days after any vacancy in the position of Correction Ombuds, the Correction Advisory Committee shall solicit applications for such position and meet to consider and interview the most qualified candidates who are residents of this state for such position. Said committee shall select not fewer than three and not more than five of the most outstanding candidates, publish the names of such selected candidates on said committee's Internet web site and hold a public hearing allowing testimony from members of the public concerning the selected candidates. Said committee shall submit to the Governor a list of selected candidates. Such list shall rank the candidates in the order of committee preference.

(l) Not later than thirty days after receiving the list submitted under subsection (k) of this section, the Governor, with the approval of the General Assembly, shall appoint a person qualified by training and experience as the Correction Ombuds. If at any time any of the candidates withdraw from consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor. If, not later than thirty days after receiving the list, the Governor fails to designate a candidate from the list, the candidate ranked first shall receive the designation and be referred to the General Assembly for confirmation. If the General Assembly is not in session, the designated candidate shall serve as acting Correction Ombuds and be entitled to the compensation, privileges and powers of the Correction Ombuds until the General Assembly meets to take action on said appointment.

(m) The person appointed as Correction Ombuds shall serve for a term of two years, except that on and after January 6, 2027, a person appointed as Correction Ombuds shall serve for a term of four years to run concurrent with the term of the Governor. Such person may serve until a successor is appointed and confirmed in accordance with this section and may be reappointed for succeeding terms.

(n) Upon any vacancy in the position of Correction Ombuds and until such time as a candidate has been confirmed by the General Assembly or, if the General Assembly is not in session, has been designated by the Governor, the Associate Correction Ombuds, as designated by the Correction Advisory Committee, shall serve as the acting Correction Ombuds and be entitled to the compensation, privileges and powers of the Correction Ombuds until the General Assembly meets to take action on said appointment.

(P.A. 19-117, S. 68; P.A. 22-18, S. 1; 22-114, S. 6; P.A. 25-161, S. 1.)

History: P.A. 19-117 effective July 1, 2019; P.A. 22-18 substantially revised section by replacing existing language re ombudsman services with new language re the Correction Advisory Committee, effective May 10, 2022; P.A. 22-114 amended Subsec. (a) to increase membership from 9 to 11, add new Subdiv. (7) re a victim of violent crime, add Subdiv. (8) re one who has expertise in corrections and redesignate existing Subsec. (7) as Subsec. (9), effective May 27, 2022; P.A. 25-161 amended Subsec. (m) to replace “an initial term of two years” with provision re 2-year term and an exception on and after January 6, 2027, for 4-year terms and made technical changes, effective June 30, 2025.

Sec. 18-81nn. Intervention in or reporting of use of unreasonable, excessive or illegal force by a witnessing officer. Whistle blower protections. Review and disclosure of recording of incident. Plan for implementation of body-worn recording equipment. (a) Any correction officer who witnesses another correction officer use what the witnessing correction officer objectively knows to be excessive or illegal use of force shall intervene and attempt to stop such other correction officer from using such force. Any correction officer who fails to intervene in such an incident may be prosecuted and punished in accordance with the provisions of section 53a-8 for the same acts as the correction officer who used unreasonable, excessive or illegal force.

(b) Any correction officer who witnesses another correction officer use what the witnessing correction officer objectively knows to be unreasonable, excessive or illegal use of force or is otherwise aware of such use of force by another correction officer shall report, as soon as is practicable, such use of force to the warden of the facility where such use of force occurred, who shall immediately upon being informed of such use of force report such use of force to the Commissioner of Correction and the state police. Any correction officer required to report such an incident who fails to do so may be prosecuted and punished in accordance with the provisions of sections 53a-165 to 53a-167, inclusive.

(c) The Department of Correction or any employee of the department shall not take any retaliatory personnel action or discriminate against a correction officer because such correction officer intervened in an incident pursuant to subsection (a) of this section or reported an incident pursuant to subsection (b) of this section. Such intervening or reporting correction officer shall be protected by the provisions of section 4-61dd.

(d) If a correction officer is giving a formal statement about the use of force or if a correction officer is the subject of a disciplinary investigation in which a recording is being considered as part of a review of an incident, the officer shall (1) have the right to review such recording in the presence of the officer's attorney or labor representative, and (2) have the right to review recordings capturing the officer's image or voice during the incident. Such recording shall not be disclosed, except by request of and to (A) a person in the recording or an authorized representative of the family of such person as disclosed to the Correction Ombuds; or (B) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction.

(e) Not later than January 1, 2026, the Commissioner of Correction shall develop a plan for the implementation of body-worn recording equipment in correctional facilities. Not later than February 1, 2026, the commissioner shall report such plan, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to public safety, government oversight and the Department of Correction. Such plan shall include recommendations for any legislation necessary to implement such plan, the budgetary resources required for the implementation of such plan and the department's timeline for implementation of such plan, if such budgetary resources are made available.

(f) For purposes of this section, “use of force” means the use of physical force or deadly physical force, as defined in section 53a-3, by a correction officer to compel compliance by a person who is incarcerated. “Use of force” includes, but is not limited to, the use of restraints, chemical agents, canines, chokeholds or munitions or forceable extraction from a cell.

(July Sp. Sess. P.A. 20-1, S. 43; P.A. 25-161, S. 5.)

History: P.A. 25-161 amended Subsec. (b) by requiring witnessing officer to report incident to warden rather than witnessing officer's immediate supervisor and requiring warden to immediately report to Commissioner of Correction and state police rather than immediate supervisor of the officer subject to the report, added Subsec. (d) re recordings of incidents, Subsec. (e) re plan for implementation of body-worn recording equipment and Subsec. (f) defining “use of force”.

Sec. 18-81pp. Plan for the provision of health care services to persons who are incarcerated. Report. (a) As used in this section:

(1) “Advanced practice registered nurse” means an advanced practice registered nurse licensed under chapter 373;

(2) “Alcohol and drug counselor” means an alcohol and drug counselor licensed or certified under chapter 376b;

(3) “Commissioner” means the Commissioner of Correction;

(4) “Correctional institution” means a prison or jail under the jurisdiction of the commissioner;

(5) “Dental professional” means a (A) dentist, (B) dental hygienist licensed under chapter 379a, or (C) dental assistant, as defined in section 20-112a;

(6) “Dentist” means a dentist licensed under chapter 379;

(7) “Department” means the Department of Correction;

(8) “Discharge planner” means a (A) registered nurse licensed under chapter 378, (B) practical nurse licensed under chapter 378, (C) clinical social worker or master social worker licensed under chapter 383b, or (D) professional counselor licensed under chapter 383c;

(9) “HIV test” means a test to determine human immunodeficiency virus infection or antibodies to human immunodeficiency virus;

(10) “Medical professional” means (A) a physician, (B) an advanced practice registered nurse, (C) a physician assistant, (D) a registered nurse licensed under chapter 378, or (E) a practical nurse licensed under chapter 378;

(11) “Mental health care provider” means (A) a physician who specializes in psychiatry, or (B) an advanced practice registered nurse who specializes in mental health;

(12) “Mental health therapist” means (A) a physician who specializes in psychiatry, (B) a psychologist licensed under chapter 383, (C) an advanced practice registered nurse who specializes in mental health, (D) a clinical social worker or master social worker licensed under chapter 383b, or (E) a professional counselor licensed under chapter 383c;

(13) “Physician” means a physician licensed under chapter 370;

(14) “Physician assistant” means a physician assistant licensed under chapter 370; and

(15) “Psychotropic medication” means a medication that is used to treat a mental health disorder that affects behavior, mood, thoughts or perception.

(b) Not later than October 1, 2025, the commissioner shall develop a plan for the provision of health care services, including, but not limited to, mental health care, substance use disorder and dental care services, to persons who are incarcerated under the jurisdiction of the department. Such plan shall ensure, at a minimum, that:

(1) (A) There is a sufficient number of mental health therapists, as determined by the commissioner, at each correctional institution to provide mental health care services to persons who are incarcerated;

(B) There is a mental health therapist placed at a correctional institution to provide mental health care services to any person who is incarcerated who requests such services or has been referred for such services by correctional staff only after the therapist makes an assessment of the person's need for such services and determines that the person requires such services;

(C) Each mental health therapist shall deliver such services in concert with the security needs of all persons who are incarcerated and correctional staff and the overall operation of the correctional institution, as determined by the warden of the correctional institution; and

(D) No mental health therapist who is providing mental health care services pursuant to this subdivision and licensed to prescribe medication shall prescribe a psychotropic medication to a person who is incarcerated unless (i) the mental health therapist has reviewed the mental health history and medical history of the person, including, but not limited to, the list of all medications the person is taking, (ii) the mental health therapist determines, based on a review of such history, that the benefits of prescribing such medication outweigh the risk of prescribing such medication, (iii) the mental health therapist diagnoses the person with a mental health disorder, the person has received a previous diagnosis of a mental health disorder by a licensed mental health care provider and such medication is used to treat such mental health disorder, or, in an emergency situation, the mental health therapist makes an assessment that the inmate's mental health is substantially impaired and requires psychotropic medication to treat, (iv) the mental health therapist approves the use of such medication by the person as part of the person's mental health treatment plan, and (v) the mental health therapist keeps a record of each psychotropic medication such provider prescribes to the person and all other medications the person is taking.

(2) Each person who is incarcerated shall receive an annual physical examination by a physician, physician assistant or advanced practice registered nurse when such examination is clinically indicated. Such examination may include, but not be limited to, a breast and gynecological examination or prostate examination, where appropriate, and the administration of any test the physician, physician assistant or advanced practice registered nurse deems appropriate.

(3) Each person who is incarcerated shall receive an initial health assessment from a medical professional not later than fourteen days after the person's initial intake into a correctional institution.

(4) If a physician, physician assistant or advanced practice registered nurse recommends, based on the initial health assessment of a person who is incarcerated or other person, that such person who is incarcerated or other person be placed in a medical or mental health housing unit, the department shall ensure that such person who is incarcerated or other person is placed in an appropriate medical or mental health housing unit unless there are significant safety or security reasons for not making such placement.

(5) A medical professional shall perform health assessments of persons who are incarcerated in a location at the correctional institution that the warden of the correctional institution designates as appropriate for performing such an examination, provided the analysis of any sample collected from the person who is incarcerated during a health assessment may be performed at a laboratory that is located outside of the correctional institution.

(6) A discharge planner shall conduct an exit interview of each person who is incarcerated who is being scheduled for discharge from a correctional institution prior to the date of discharge if such exit interview is clinically indicated, provided the lack of such exit interview shall not delay the scheduled discharge of a person who is incarcerated. Such exit interview shall include a discussion with the person regarding a medical discharge plan for any continued medical care or treatment that is recommended by the physician, physician assistant or advanced practice registered nurse for the person when the person reenters the community.

(7) A physician shall be on call on weekends, holidays and outside regular work hours to provide medical care to persons who are incarcerated as necessary.

(8) The commissioner shall ensure that each person who is incarcerated has access to all vaccines licensed or authorized under an emergency use authorization by the federal Food and Drug Administration that are recommended by the National Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, subject to availability of such vaccines, unless there are substantial security concerns with providing access to such vaccines. Subject to availability, a physician, physician assistant or advanced practice registered nurse shall prescribe to a person who is incarcerated any such vaccine that (A) the person requests, and (B) is recommended for such person by said committee, as determined by the physician, physician assistant or advanced practice registered nurse, provided the prescribing of such vaccine does not impose significant safety concerns.

(9) Except in exigent circumstances, a dental professional shall perform a dental screening of each person who is incarcerated not later than one year after the person initially enters a correctional institution and at least once annually thereafter. At the time the dental professional performs the dental screening of a person who is incarcerated, the dental professional shall develop a dental care plan for the person. A dental professional shall provide dental care in accordance with the person's dental care plan throughout the person's time at the correctional institution. The commissioner shall ensure, in consultation with a dentist, that each correctional institution has a dental examination room that is fully equipped with all of the dental equipment necessary to perform a dental examination.

(10) A medical professional shall administer an HIV test to each person who is incarcerated who requests an HIV test, subject to the availability of such test. Except in exigent circumstances and subject to availability, a medical professional shall offer an HIV test to each person who is incarcerated where it is clinically indicated (A) at the time such person enters a correctional institution, or (B) during an annual physical assessment.

(11) A medical professional shall interview each person who is incarcerated regarding such person's drug and alcohol use and mental health history at the time the person initially enters a correctional institution. If the person is exhibiting symptoms of withdrawal from a drug or alcohol or mental distress at such time, a medical professional shall perform a physical and mental health assessment of the person and communicate the results of such assessment to a physician, physician assistant or advanced practice registered nurse, and a mental health care provider or mental health therapist, if applicable. Except in exigent circumstances, a drug and alcohol counselor shall perform an evaluation of the person not later than five days after the person initially enters the correctional institution. (A) The correctional institution shall immediately transfer each such person who is determined by a physician, physician assistant or advanced practice registered nurse to be experiencing withdrawal from a drug or alcohol to an appropriate area at such correctional institution for medical treatment of such withdrawal. A physician, a physician assistant or an advanced practice registered nurse shall periodically evaluate each person who is incarcerated and exhibits signs of or discloses an addiction to a drug or alcohol or who experiences withdrawal from a drug or alcohol, at a frequency deemed appropriate by the physician, physician assistant or advanced practice registered nurse. (B) In the case of a person who is determined at the time of such person's intake into a correctional institution to be in need of mental health services, such person shall be provided evidence-based mental health interventions delivered by a mental health care provider or mental health therapist, as needed, within a reasonable amount of time after such determination of need, but in no case later than two business days following such determination. Such person shall be periodically evaluated by a mental health care provider or mental health therapist and provided such services, as needed.

(12) A physician, a physician assistant or an advanced practice registered nurse with experience in substance use disorder diagnosis and treatment shall oversee the medical treatment of a person who is incarcerated experiencing withdrawal from a drug or alcohol at each correctional institution. A medical professional shall be present in the medical unit at each correctional facility at all times during the provision of medical treatment to such person.

(13) A drug and alcohol counselor shall offer appropriate substance use disorder counseling services, including, but not limited to, individual counseling sessions and group counseling sessions, to a person who is incarcerated and exhibits signs of or discloses an addiction to a drug or alcohol and encourage such person to participate in at least one counselling session. At the time of discharge of a person who is incarcerated from the correctional institution, a discharge planner may refer any such person who has exhibited signs of or disclosed an addiction to a drug or alcohol while incarcerated at such correctional institution to a substance use disorder treatment program in the community that is deemed appropriate for the person by such discharge planner.

(14) The York Correctional Institution shall provide each pregnant woman who is incarcerated and drug or alcohol-dependent, with information regarding the dangers of undergoing withdrawal from the drug or alcohol without medical treatment, the importance of receiving medical treatment during the second trimester of pregnancy for withdrawal from the drug or alcohol and the effects of neonatal abstinence syndrome on a newborn.

(15) The York Correctional Institution shall provide each pregnant woman who is incarcerated prenatal visits at a frequency determined by an obstetrician to be consistent with community standards for prenatal visits.

(16) The department shall issue a request for information to which a school of medicine may apply for purposes of providing practical training at correctional institutions as part of a medical residency program, through which residents participating in such program may provide health care services to persons who are incarcerated.

(c) Not later than October 1, 2025, the commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to public health and the judiciary regarding the plan developed pursuant to subsection (b) of this section, recommendations for any legislation necessary to implement such plan and the department's timeline for implementation of such plan.

(P.A. 22-133, S. 1; P.A. 25-168, S. 264.)

History: P.A. 22-133 effective May 27, 2022; P.A. 25-168 replaced references to inmate or inmates with references to person or persons who are incarcerated or person or persons and made technical changes throughout, amended Subsec. (a) by deleting Subdiv. (10) defining “inmate” and redesignating existing Subdivs. (11) to (16) as Subdivs. (10) to (15), amended Subsec. (b) by replacing “January 1, 2023” with “October 1, 2025” and replacing “include, but not be limited to, guidelines for implementation of the following requirements” with “ensure, at a minimum, that” and by amending Subdiv. (11) by adding provisions re mental health, mental distress, and mental health care provider or mental health therapist, by designating existing language re a person experiencing withdrawal from a drug or alcohol as Subpara. (A) and adding Subpara. (B) re determination whether a person is in need of mental health services and amended Subsec. (c) by replacing “February 1, 2023” with “October 1, 2025”, effective June 30, 2025.

Sec. 18-81qq. Office of the Correction Ombuds. (a)(1) There is, within the Office of Governmental Accountability established under section 1-300, the Office of the Correction Ombuds for the provision of ombuds services. The Correction Ombuds appointed pursuant to section 18-81jj shall be the head of said office.

(2) For purposes of this section, “ombuds services” includes:

(A) Evaluating the delivery of services to persons who are incarcerated by the Department of Correction;

(B) Reviewing periodically the nonemergency procedures established by the department to carry out the provisions of title 18 and evaluating whether such procedures conflict with the rights of persons who are incarcerated;

(C) Receiving communications, including telephone calls and electronic mail from persons who are incarcerated, who shall be permitted to make such telephone or electronic mail communications free of charge, regarding decisions, actions, omissions, policies, procedures, rules or regulations of the department;

(D) Conducting announced or unannounced site visits of correctional facilities administered by the department, without restrictions on such visits, including during periods when a facility is locked down or experiencing a facility-wide emergency, provided the department may restrict access to a portion of a facility in an emergency situation for the duration of the emergency. For the purpose of this subparagraph, a situation or event constituting an emergency shall be determined by the commissioner or the commissioner's designee, to be a situation constituting a significant risk to the safety or security of the facility, or the health, safety or security of department staff or persons who are incarcerated, or an event that significantly compromises the operations of the facility;

(E) Reviewing the operation of correctional facilities and nonemergency procedures employed at such facilities. Nonemergency procedures include, but are not limited to, the department's use of force procedures;

(F) Recommending procedure and policy revisions to the department;

(G) Taking all possible actions, including, but not limited to, conducting programs of public education, undertaking legislative advocacy and making proposals for systemic reform and formal legal action in order to secure and ensure the rights of persons in the custody of the commissioner. The Correction Ombuds is not authorized to institute litigation;

(H) Conducting surveys by sending or distributing during facility visits, confidential written and electronic communications or questionnaires to persons who are incarcerated or employees of the Department of Correction concerning conditions of confinement, working conditions or other subjects within the scope of the duties of the Office of the Correction Ombuds, without prior approval of the department. Such persons who are incarcerated or employees shall be permitted to complete and return to said office such surveys either in written format or electronically. No survey may be sent or distributed to an employee of the Department of Correction, unless the Correction Ombuds previously made such survey available for review and comment by the bargaining units representing such employees;

(I) Publishing on an Internet web site operated by the Office of the Correction Ombuds a semiannual summary of all ombuds services and activities during the six-month period before such publication; and

(J) Evaluating the provision of health care services, including, but not limited to, medical care, dental care, mental health care and substance use disorder treatment services, to persons who are incarcerated by the Department of Correction.

(b) Notwithstanding any provision of the general statutes, the Correction Ombuds shall act independently of any department in the performance of the office's duties.

(c) The Correction Ombuds may, within available funds, appoint such staff as may be deemed necessary. The duties of the staff may include the duties and powers of the Correction Ombuds if performed under the direction of the Correction Ombuds.

(d) (1) Notwithstanding any provision of the general statutes, the appropriations recommended for the Office of the Correction Ombuds shall be the estimates of the expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the Correction Ombuds and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said Correction Ombuds to the director of the Office of Policy and Management.

(2) Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the Office of the Correction Ombuds.

(e) (1) The Correction Ombuds need not investigate a complaint, if the Correction Ombuds determines such investigation is not warranted. If the Correction Ombuds determines that such investigation is not warranted, the Correction Ombuds shall inform the person making the complaint of such decision in writing.

(2) In the course of an investigation, the Correction Ombuds shall rely on a variety of sources to corroborate matters raised by persons who are incarcerated or others. Where such matters turn on validation of particular incidents, the Correction Ombuds shall endeavor to rely on communications from persons who are incarcerated who have reasonably pursued a resolution of the complaint through any existing internal grievance procedures of the Department of Correction. In all events, the Correction Ombuds shall make good faith efforts to provide an opportunity to the Commissioner of Correction to investigate and to respond to such concerns prior to making such matters public.

(3) (A) At the conclusion of an investigation, the Correction Ombuds shall render a public decision on the merits of each complaint. Documents supporting the decision are subject to relevant confidentiality provisions, but may be disclosed by request of and to (i) the complainant or an authorized representative of the family of the complainant as disclosed to the Correction Ombuds, or (ii) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction. The Correction Ombuds shall communicate the decision to the person making the complaint and to the department. The Correction Ombuds shall include in any decision findings of any department administrative directive, state or constitutional right that has been violated by the department or an employee of the department and recommendations and reasoning if, in the Correction Ombuds' opinion, the department or any employee should (I) further investigate the complaint; (II) modify or cancel an action of the department or employee; (III) alter a department rule, practice or ruling; (IV) explain in detail the action in question; or (V) rectify an omission of the department or employee.

(B) At least ninety-six hours prior to issuing a decision pursuant to subparagraph (A) of this subdivision that expressly, or by implication, criticizes the department or an employee of the department, the Correction Ombuds shall consult with the department or employee or a representative of the employee's bargaining unit, as applicable.

(4) At the Correction Ombuds' request, the department shall, during a period of time agreed upon with the Correction Ombuds, inform the Correction Ombuds of any action taken on recommendations contained in a decision pursuant to subdivision (3) of this subsection or any reason for not complying with any such recommendation. The Correction Ombuds shall notify the incarcerated person whose complaint resulted in a decision containing such recommendation, of any action taken by the department in response to such recommendation.

(f) All oral and written communications, including, but not limited to, in response to any survey, and records relating to such communications between a person in the custody of the Commissioner of Correction, or an employee of the Department of Correction, and the Correction Ombuds or a member of the Office of the Correction Ombuds staff, including, but not limited to, the identity of a complainant, the details of the communications and the Correction Ombuds' findings shall be confidential and exempt from the Freedom of Information Act, as defined in section 1-200, and shall not be disclosed without the consent of such person, except that the Correction Ombuds (1) may disclose without the consent of such person general findings or policy recommendations based on such communications, provided no individually identifiable information is disclosed, and (2) shall immediately disclose to the Commissioner of Correction any communication concerning a physical threat made against such person's self, a member of the public, an incarcerated person or an employee of the Department of Correction. For the purposes of this section, identical or blank surveys and questionnaires received by said office shall not be confidential.

(g) Notwithstanding the provisions of subsection (f) of this section, whenever in the course of carrying out the Correction Ombuds' duties, the Correction Ombuds or a member of the Office of the Correction Ombuds staff becomes aware of the commission or planned commission of a criminal act or threat that the Correction Ombuds reasonably believes is likely to result in death or substantial bodily harm, the Correction Ombuds shall immediately notify the Commissioner of Correction or an administrator of any correctional facility housing the perpetrator or potential perpetrator of such act or threat and the nature and target of the act or threat.

(h) Notwithstanding any provision of the general statutes concerning the confidentiality of records and information, the Correction Ombuds shall have access to, including the right to inspect and copy, any records necessary to carry out the responsibilities of the Correction Ombuds, as provided in this section. The provisions of this subsection shall not be construed to compel access to any record protected by the attorney-client privilege or attorney-work product doctrine or any record related to a pending internal investigation, external criminal investigation or emergency procedures. For purposes of this subsection, “emergency procedures” are procedures the Department of Correction uses to manage control of tools, keys and armories and concerning department emergency plans, emergency response units, facility security levels and standards and radio communications.

(i) The Correction Ombuds, if a commissioner of the Superior Court, may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers and other documents and administer oaths to witnesses in any matter under investigation. Any such subpoena shall be served upon the person to whom such subpoena is issued not later than fifteen days prior to the time specified in the subpoena for compliance. Such person may, not later than fifteen days after service of such subpoena, or on or before the time specified in the subpoena for compliance, whichever is later, serve upon the Correction Ombuds written objection to the subpoena and file such objection in the superior court for the judicial district of Hartford, which shall adjudicate such objection in accordance with the rules of the court. If any person to whom such subpoena is issued fails to so object or appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the Correction Ombuds may apply to the superior court for the judicial district of Hartford, which shall have jurisdiction to order such person to appear and give testimony or to produce such evidence, as the case may be.

(j) In the performance of the duties provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner. Such communications shall be confidential except as provided in subsections (e) and (f) of this section.

(k) (1) The Correction Ombuds may conduct hearings in accordance with the provisions of chapter 54 and may request that any person appear before the Correction Ombuds or at a hearing and give testimony or produce documentary or other evidence that the Correction Ombuds considers relevant to a matter under investigation.

(2) The Correction Ombuds, when scheduling such hearing, shall arrange an appearance of a person who is incarcerated or an employee of the department in cooperation with the department at a time and location that does not interfere with the operation of a correctional facility. Any appearance of a person who is incarcerated shall occur at the facility where such person is incarcerated at the time of the hearing.

(l) The Correction Ombuds shall make available to persons who are incarcerated confidential means by which to report concerns or otherwise submit complaints to the Correction Ombuds, which may include, but need not be limited to (1) electronic means or a locked box, accessible only by the Correction Ombuds and the employees of the Office of the Correction Ombuds, and (2) a hotline for persons who are incarcerated to communicate with said office. All measures shall be taken to ensure there is no risk or credible fear of retaliation against persons who are incarcerated for submitting complaints to the Correction Ombuds. Submission of complaints to the Correction Ombuds shall not be part of the department administrative grievance or appeal process, and the Correction Ombuds' decisions shall not constitute agency action. Nothing in this section shall be deemed to constitute part of the administrative exhaustion process. The Correction Ombuds shall not require persons who are incarcerated to file grievances or other inquiries as part of the department's system to be considered ripe for review by the Correction Ombuds.

(m) In the performance of the responsibilities provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner. Such communications shall be confidential except as provided in subsections (e) and (f) of this section.

(n) The Correction Ombuds may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies, for the purpose of carrying out the Correction Ombuds' responsibilities. There is established a Correction Ombuds account, which shall be a separate, nonlapsing account. Any funds received under this subsection shall, upon deposit in the General Fund, be credited to said account and may be used by the Correction Ombuds in the performance of the Correction Ombuds' duties.

(o) The name, address and other personally identifiable information of a person who makes a complaint to the Correction Ombuds, information obtained or generated by the Office of the Correction Ombuds in the course of an investigation and all confidential records obtained by the Correction Ombuds or the office shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, or otherwise except as provided in subsections (f) and (g) of this section.

(p) No state or municipal agency shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a complaint to the Correction Ombuds or cooperates with the Office of the Correction Ombuds in an investigation.

(q) The Correction Ombuds may perform the following functions in the evaluation of the provision of health care services pursuant to subparagraph (J) of subdivision (2) of subsection (a) of this section:

(1) Receive, investigate and respond to complaints regarding access to or quality of health care services within the Department of Correction;

(2) Employ or contract with licensed health care professionals to provide independent clinical reviews of such complaints, when necessary;

(3) Collect and analyze health-related data across correctional facilities, including, but not limited to:

(A) Medical appointment wait times;

(B) Mental health care access;

(D) Incidences of hospitalizations and mortalities; and

(4) Make recommendations to the Departments of Correction and Public Health and the joint standing committees of the General Assembly having cognizance of matters relating to public health and the judiciary regarding necessary improvements in the delivery of health care services within correctional facilities.

(r) Not later than December first, annually, the Correction Ombuds shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction regarding the conditions of confinement in the state's correctional facilities and halfway houses, including, but not limited to, the delivery of health care services in such facilities and halfway houses. Such report shall detail the Correction Ombuds' findings and recommendations, including, but not limited to, recommendations for any improvements in the delivery of such services.

(P.A. 22-18, S. 2; P.A. 23-38, S. 1; P.A. 25-110, S. 68; 25-161, S. 2; 25-168, S. 187.)

History: P.A. 22-18 effective July 1, 2022; P.A. 23-38 made a technical change in Subsec. (j); P.A. 25-110 amended Subsec. (j) by deleting reference to General Fund and making a technical change, effective July 1, 2025; P.A. 25-161 substantially revised section, effective June 30, 2025; P.A. 25-168 amended Subsecs. (a)(2)(A) and (B) and (3) and (e) by replacing references to “incarcerated persons” with “persons who are incarcerated”, added Subsec. (a)(2)(I), codified by the Revisors as Subsec. (a)(2)(J), re evaluation of the provision of health care services to persons who are incarcerated, added new Subsec. (m), codified by the Revisors as Subsec. (q), re performance of certain functions and evaluation of the provision of health care services to persons who are incarcerated, redesignated existing Subsec. (m) as Subsec. (n), codified by the Revisors as Subsec. (r), and amended same to make technical corrections and add references to the delivery of health care services in correctional facilities.

Sec. 18-81rr. Excessive use of force and medical neglect cases. Publication of list of case captions. The Office of the Correction Ombuds, established pursuant to section 18-81qq, in consultation with the office of the Attorney General, shall publish on said offices' Internet web sites a list of the case captions and the names of the parties for each case filed on or after January 1, 2026, against the Department of Correction relating to excessive use of force or medical neglect that is defended by the Attorney General.

(P.A. 25-161, S. 6.)

History: P.A. 25-161 effective January 1, 2026.

Sec. 18-81ss. Provision of nutritious meals. Serving nutraloaf or punitive diet prohibited. (a) The Commissioner of Correction shall provide palatable and nutritious meals to each person in the custody of the commissioner. Under no circumstances shall the commissioner permit such persons to be fed nutraloaf as a form of discipline or any other punitive diet.

(b) For purposes of this section, “nutraloaf” means a mixture of foods blended together and baked into a solid loaf and “punitive diet” means a diet that is used for punishment purposes.

(P.A. 25-168, S. 265.)

Sec. 18-81tt. Authorization form for third-party access to medical records. The Commissioner of Correction shall ensure that each person in the custody of the commissioner is provided with a form enabling such person to authorize another person to access such person's medical records that are otherwise subject to nondisclosure under the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time.

(P.A. 25-168, S. 266.)

Sec. 18-81uu. Correction Ombuds access of medical records of and notification to person who is incarcerated. If the Correction Ombuds, appointed pursuant to section 18-81jj, intends to access a medical record of a person who is incarcerated, the Correction Ombuds shall notify such person of the purpose for accessing such record prior to accessing any such record.

(P.A. 25-168, S. 272.)

History: P.A. 25-168 effective June 30, 2025.

Sec. 18-81vv. Strip and cavity searches, report. On or before January 1, 2027, and annually thereafter, the Commissioner of Correction shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and government oversight, concerning the conduct of strip and cavity searches in Department of Correction facilities. Such report shall include, but need not be limited to: (1) The number of strip searches and cavity searches of persons who are incarcerated that have occurred during the prior calendar year, broken out by correctional facility, (2) whether there have been any lawsuits filed concerning such strip searches or cavity searches during the year immediately preceding such report and, if so, the status or outcome of such lawsuits, and (3) a copy of the current policy concerning the conduct of such searches, including any training requirements for correctional officers concerning the conduct of such searches.

(P.A. 25-168, S. 271.)

History: P.A. 25-168 effective June 30, 2025.

Sec. 18-82e. Documentation of assaults on correctional staff. The Commissioner of Correction shall develop a protocol for full documentation of any assault by a person who is incarcerated on correctional staff. On and after October 1, 2025, each such assault shall be documented in accordance with such protocol.

(P.A. 25-168, S. 269.)

History: P.A. 25-168 effective June 30, 2025.

Sec. 18-82f. Collective bargaining agreements and arbitration awards. Disclosure of certain disciplinary actions. (a) For any agreement or arbitration award approved on or after June 30, 2025, in accordance with the provisions of sections 5-270 to 5-280, inclusive, on matters appropriate to collective bargaining, as defined in said sections, where any provision in such agreement or award pertaining to the disclosure of disciplinary matters or alleged misconduct by a Department of Correction employee would prevent the disclosure of documents required to be disclosed under the provisions of the Freedom of Information Act, as defined in section 1-200, the provisions of the Freedom of Information Act shall prevail. The provisions of this subsection shall not be construed to diminish a bargaining agent's access to information pursuant to state law.

(b) No collective bargaining agreement or arbitration award entered into on or after June 30, 2025, by the state and any collective bargaining unit of the Department of Correction may prohibit the disclosure of any disciplinary action based on a violation of the administrative directives contained in the personnel file of an officer of said division.

(P.A. 25-161, S. 4.)

History: P.A. 25-161 effective June 30, 2025.

Sec. 18-82g. Staffing at levels to promote safety of staff, visitors, contractors and persons who are incarcerated. (a) The Commissioner of Correction shall ensure that each correctional facility under the commissioner's jurisdiction is staffed at a level to protect the safety of the staff who work at each such facility, visitors and contractors who enter each such facility and persons who are incarcerated at each such facility.

(b) Not later than January 1, 2026, the commissioner shall develop and actively employ a program for the recruitment and retention of correctional officers.

(c) Not later than January 1, 2027, and annually thereafter, the commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction on efforts to comply with subsections (a) and (b) of this section, including any shortcomings in such compliance. Such report may include recommendations for additional resources needed to achieve such compliance.

(P.A. 25-168, S. 268.)

Sec. 18-98d. Credit for presentence confinement. (a)(1)(A) Any person who is confined to a community correctional center or a correctional institution for an offense committed on or after July 1, 1981, and prior to October 1, 2021, under a mittimus or because such person is unable to obtain bail or is denied bail shall, if subsequently imprisoned, earn a reduction of such person's sentence equal to the number of days which such person spent in such facility from the time such person was placed in presentence confinement to the time such person began serving the term of imprisonment imposed; provided (i) each day of presentence confinement shall be counted only once for the purpose of reducing all sentences imposed after such presentence confinement; and (ii) the provisions of this section shall only apply to a person for whom the existence of a mittimus, an inability to obtain bail or the denial of bail is the sole reason for such person's presentence confinement, except that if a person is serving a term of imprisonment at the same time such person is in presentence confinement on another charge and the conviction for such imprisonment is reversed on appeal, such person shall be entitled, in any sentence subsequently imposed, to a reduction based on such presentence confinement in accordance with the provisions of this section. In the case of a fine, each day spent in such confinement prior to sentencing shall be credited against the sentence at a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction.

(B) Any person who is confined to a community correctional center or a correctional institution as a result of any charges in an information or indictment, including for an alleged violation of section 53a-32, filed on or after October 1, 2021, under a mittimus or because such person is unable to obtain bail or is denied bail shall, if subsequently imprisoned, earn a reduction of such person's sentence on each offense charged in such information or indictment equal to the number of days which such person spent in such facility from the time such person was placed in presentence confinement to the time such person began serving the term of imprisonment imposed; provided (i) each day of presentence confinement shall be counted equally in reduction of any concurrent sentence imposed for any offense pending at the time such sentence was imposed; (ii) each day of presentence confinement shall be counted only once in reduction of any consecutive sentence so imposed; and (iii) the provisions of this section shall only apply to a person for whom the existence of a mittimus, an inability to obtain bail or the denial of bail is the sole reason for such person's presentence confinement, except that if a person is serving a term of imprisonment at the same time such person is in presentence confinement on another charge and the conviction for which such imprisonment was imposed is reversed on appeal, such person shall be entitled, in any sentence subsequently imposed, to a reduction based on such presentence confinement in accordance with the provisions of this section. In the case of a fine, each day spent in such confinement prior to sentencing shall be credited against the sentence at a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction.

(C) Any person who is confined in a correctional institution, police station, county jail, courthouse lockup or any other form of imprisonment while in another state for a period of time solely due to a demand by this state on or after October 1, 2025, for the extradition of such person to face criminal charges in this state, shall, if subsequently imprisoned in the matter extradited for, earn a reduction of such person's sentence to a term of imprisonment, equal to the number of days such person was imprisoned in another state solely due to the pendency of the proceedings for such extradition.

(2) (A) Any person convicted of any offense and sentenced on or after October 1, 2001, to a term of imprisonment who was confined to a police station or courthouse lockup in connection with such offense because such person was unable to obtain bail or was denied bail shall, if subsequently imprisoned, earn a reduction of such person's sentence in accordance with subdivision (1) of this subsection equal to the number of days which such person spent in such lockup, provided such person at the time of sentencing requests credit for such presentence confinement. Upon such request, the court shall indicate on the judgment mittimus the number of days such person spent in such presentence confinement.

(B) Any person convicted of any offense and sentenced prior to October 1, 2001, to a term of imprisonment, who was confined in a correctional facility for such offense on October 1, 2001, shall be presumed to have been confined to a police station or courthouse lockup in connection with such offense because such person was unable to obtain bail or was denied bail and shall, unless otherwise ordered by a court, earn a reduction of such person's sentence in accordance with the provisions of subdivision (1) of this subsection of one day.

(C) The provisions of this subdivision shall not be applied so as to negate the requirement that a person convicted of a first violation of subsection (a) of section 14-227a and sentenced pursuant to subparagraph (B)(i) of subdivision (1) of subsection (g) of said section serve a term of imprisonment of at least forty-eight consecutive hours.

(b) In addition to any reduction allowed under subsection (a) of this section, if such person obeys the rules of the facility such person may receive a good conduct reduction of any portion of a fine not remitted or sentence not suspended at the rate of ten times the average daily cost of incarceration as determined by the Commissioner of Correction or ten days, as the case may be, for each thirty days of presentence confinement; provided any day spent in presentence confinement by a person who has more than one information pending against such person may not be counted more than once in computing a good conduct reduction under this subsection.

(c) The Commissioner of Correction shall be responsible for ensuring that each person to whom the provisions of this section apply receives the correct reduction in such person's sentence; provided in no event shall credit be allowed under subsection (a) of this section in excess of the sentence actually imposed.

(P.A. 80-442, S. 2, 28; P.A. 81-472, S. 41, 159; P.A. 01-78; P.A. 02-18, S. 2; P.A. 04-234, S. 13; P.A. 06-119, S. 3; P.A. 16-193, S. 33; P.A. 21-102, S. 21; P.A. 25-29, S. 5.)

History: P.A. 81-472 made technical changes; P.A. 01-78 amended Subsec. (a) to designate existing provisions as Subdiv. (1), redesignate former Subdivs. (1) and (2) as Subparas. (A) and (B), respectively, and add new Subdiv. (2) re credit for presentence confinement in a police station or courthouse lockup and made technical changes throughout section; P.A. 02-18 amended Subsec. (a)(1) to increase from $10 to $50 the credit against a fine for each day spent in presentence confinement and amended Subsec. (b) to increase from $100 to $500 the good conduct reduction in an unremitted fine for each 30 days of presentence confinement; P.A. 04-234 amended Subsec. (a)(1) to replace the rate of $50 with “a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction”, effective June 8, 2004; P.A. 06-119 amended Subsec. (b) to replace $500 with “ten times the average daily cost of incarceration as determined by the Commissioner of Correction” as the amount of the good conduct reduction of an unremitted fine that a person may receive for each 30 days of presentence confinement, effective July 1, 2006; P.A. 16-193 amended Subsec. (a)(2)(C) by substituting “subsection (g)” for “subsection (h)” in provision re sentencing pursuant to Sec. 14-227a; P.A. 21-102 amended Subsec. (a)(1) by making existing language Subsec. (a)(1)(A), adding “and prior to October 1, 2021”, redesignating existing Subsecs. (a)(1)(A) and (a)(1)(B) as Subsecs. (a)(1)(A)(i) and (a)(1)(A)(ii) and adding Subsec. (a)(1)(B) re a person confined on or after October 1, 2021; P.A. 25-29 amended Subsec. (a)(1) by substituting “as a result of any changes in an information or indictment, including for an alleged violation of section 53a-32, filed” for “for an offense committed” and adding “on each offense charged in such information or indictment” in Subpara. (B) and adding Subpara. (C) re reduction of term for period of confinement in another state.