Budget Implementer Summary – CJ Specific1008 09 JW 1 of 4

BIENNIAL BUDGET IMPLEMENTER SUMMARIES: 10/08/09

(by Julia Wilcox: or 860-525-5080 x25)

Implementer Summary Specific to Community Justice Providers

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To Date, the Governor has signed the following Implementer Bills:

SB No. 2052- Public Act No. 09-8: Revenue

SB No. 2053- Public Act No. 09-6: Education

HB No. 7005 - Public Act No. 09-5: Human Services

HB No. 7007 - Public Act No. 09-7: Main General Government (1)

SB No. 2051- Public Act No. 09-3: Public Health

To Date, the Governor has VETOED the following Implementer Bill:

*HB No. 7006 – General Government Implementer (2)

(Note: HB No. 7006 included the following: Section 5: SALE OF GROUP HOMES AND TREATMENT FACILITIES. The bill contained languagewhich would be damaging not only to the DDS CLA Conversion Process which is presently under way, but certainly - for ALL future programmatic conversions from the public to the private sector, beyond the DDS system.)

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Highlights fromtheGeneral Government Implementer: SB No. 7007 (Signed Into Legislation 10/05/09)

Section 20—Next Steps Initiative:

The bill authorizes funds to (1) provide rental assistance and services for the Next Steps Initiative's Round 3 development projects and (2) pay for debt service on the bonds issued to finance the projects. Specifically, the bill authorizes for Round 3 development projects of the Next Step Initiative up to:

1. $ 264,000 of the funds appropriated to the Department of Social Services (DSS) during the current biennium under PA 09-3, JSS for Homeless/Housing Services;

2. $ 510,000 in FY 10 and $ 1 million in FY 11 of the funds appropriated to the Department of Mental Health and Addiction Services (DMHAS) under PA 09-3, JSS for Housing Supports and Services; and

3. $ 1 million of the funds appropriated to the treasurer to pay debt service under PA 09-3, JSS during the current biennium.

The bill requires any of these authorized funds that are not used for Round 3 to be used for other rental assistance and services for new scattered site supportive housing.

By law, the Next Step Initiative provides affordable housing and support services for people and families affected by psychiatric disabilities and chemical dependency who are homeless or risk homelessness, and for supervised ex-offenders with serious mental health needs, among others. The law allows the state to provide the Connecticut Housing Finance Authority (CHFA) state funds to pay debt service on bonds it issued for mortgage loans under the Next Step Initiative. Round 3 was authorized under PA 08-123. (Upon passage.)

Section 22 — Judicial Branch Electronic Filings, Documents and Payments:

(Pertains to Documents, Data and Payments) Current law authorizes the Judicial Branch to permit filing documents that the law requires to be filed with the Superior Court by computer, fax, or new technology as it develops. The bill makes adjustments to increase the standards and extent to which data shall be submitted and/or stored electronically. (Upon passage)

Section 23 — Computerized Images of Judicial Branch Records:

Under current law, the chief court administrator can microfilm court records, papers, or documents that must be retained indefinitely or for a period of time according to court rules, Office of the Chief Court Administrator directives, or statute. The bill expands this to apply to all types of Judicial Branch records, papers, and documents and allows any of these documents to be reproduced as a computerized image. It defines a “computerized image” as any electronic reproduction of the original by a computer-based imaging system or process.

The bill requires that the device used to create the computerized image accurately reproduce the original in detail. The law imposes the same requirement on microfilm.

Under current law, microfilm is considered and treated the same as the original if it has a certificate of authenticity on each roll. The bill instead requires that it be considered the same as the original in accordance with directives from the Office of the Chief Court Administrator. The bill also applies this to computerized images.

Under current law, a transcript, exemplification, or certified copy of the microfilm is deemed to be a transcript, exemplification, or certified copy of the original. The bill applies this to computerized images. (Upon passage.)

Section 35 — Inmate Furloughs:

Under current law, the Department of Corrections (DOC) commissioner can allow an inmate to visit a specifically designated place, in or outside the state, under specified conditions for up to 30 days for (1) visiting a dying relative, (2) attending a relative's funeral, (3) obtaining medical services not otherwise available, or (4) contacting prospective employers where the commissioner confirms that an employment opportunity exists or an employment interview is scheduled.

The bill increases, from 30 to 45 days, the length of a furlough that the commissioner can grant an inmate. It allows the commissioner to grant a furlough for any compelling reason consistent with rehabilitation. It also eliminates the requirement that the commissioner confirm that an employment opportunity exists or an employment interview is scheduled when granting a furlough to contact prospective employers.

By law, the commissioner can renew furloughs. An inmate who does not return from a furlough as provided in the furlough agreement commits 1st degree escape. (Upon passage.)

Section 36 — Parole Panels:

By law, 12 members of the Board of Pardons and Paroles are appointed to serve on parole release panels. The chairman can also serve on parole release panels. Of the 12 members, five are full-time members paid a salary by DAS and seven are paid $ 100 per day of service and necessary expenses.

Under current law, a parole panel must consist of two members, one of whom must be a full-time member, and the chairman or a full-time member designated to serve temporarily as chairman. Beginning on the bill's effective date, the bill no longer requires one of the two members to be a full-time member. (Upon passage.)

Section 42 — Consolidating Prisoner Transportation:

The bill requires the DOC commissioner and chief court administrator, in consultation with the OPM secretary, to develop a plan to consolidate inmate transportation services currently provided by DOC and the Judicial Branch. The commissioner and chief court administrator must report to the Appropriations and Judiciary committees by January 1, 2010 on the level of transportation services provided and their cost before and after the proposed consolidation. (Upon passage.)

Section 43 — Online Learning Program for Inmates:

The bill requires the DOC commissioner and Charter Oak College Board of Trustees, within available appropriations, to enter a MOU by November 1, 2009, to implement an online learning program for inmates focused on (1) completing high school credit requirements, (2) preparing for the general educational development test, and (3) adult high school credit diploma program courses. The commissioner and board must submit progress and statistical reports on the program to the Appropriations and Judiciary committees by January 1, 2010, and quarterly until June 30, 2011. The report must include recommendations to expand the program to additional correctional facilities as appropriate. (Upon passage.)

Section 53 — Housing Incentive Grants:

The law authorizes flat per-unit grants to municipalities that designate housing incentive zones and issue building permits for housing units to be built in these zones. Under current law, the grant for designating zones is $2,000 for each housing unit that can be built on developable land in the zone. The building permit grant is $5,000 for each single-family detached unit and $2,000 for each multi-family, duplex and townhouse unit. The bill changes these flat per-unit grant amounts to maximum per-unit grant amounts and authorizes the OPM secretary to determine the grant amounts up to the authorized maximums. The law specifies the criteria for designating zones and the process for obtaining these grants. (Effective upon passage and applicable to grant payments, beginning with those issued in FY09.)

Section 72 — Pretrial Detention:

The bill specifies that placement in pretrial detention is permissible only when it is the least restrictive placement option available. The bill makes violating a condition of a suspended detention order a new ground for ordering pretrial detention. And it requires courts to find that those held because of the serious nature of the charges pose a risk to themselves or the community, rather than that release will not safeguard the best interests of the child or community. Under current law, detention supervisors may release children to their parent's or other suitable person or agency's custody unless the child has been arrested for a serious juvenile offense. The bill precludes pretrial release when an order not to release is noted on the take-into-custody order, arrest warrant, or order to detain.

Sections 92-93— Transferring Functions from the Court Support Services Division to the Entire Judicial Branch:

Currently, the Judicial Branch’s CSSD is responsible for developing programs to prevent and reduce the frequency of delinquency and crime. The bill makes this the responsibility of the entire Judicial Branch. It makes the same change for (1) contracting to establish residential and nonresidential facilities for court-referred children and (2) consulting with the Commission on Racial and Ethnic Disparity about the needs of minorities in the juvenile justice system.

Section 94 — Aliens Convicted of Crimes:

The bill authorizes the DOC Commissioner to release to the United States Immigration and Customs Enforcement any alien convicted of a crime who (1) is sentenced to a prison term of five years or less and (2) has served at least 50% of the sentence. The bill specifies the Commissioner may do so under the provisions of current law, which authorize the Commissioner to transfer any person from one correctional institution to another or to any public or private nonprofit halfway house, group home, or mental health facility or, after satisfactory participation in a residential program, to any approved community or private residence. Under current law, any transferred inmate remains under the Commissioner’s jurisdiction.

United StatesImmigration and Customs Enforcement (ICE) is a component of the Department of Homeland Security, which protects national security by enforcing federal customs and immigration laws.

Under current law, inmates can be released for deportation by the board of Pardons and Parole after serving 50% of their sentence for non-violent crimes and 85% for crimes involving violence. Inmates must be sentenced to a prison term of at least two yearsto be eligible for parole consideration. (Upon passage.)

Section 118— Sex Offenders in Homeless Shelters:

The bill prohibits shelters serving homeless families from providing residence to sex offenders listed on the sex offender registry. It requires state-funded homeless shelters that provide residence to these offenders to verify their address upon the request of law enforcement officers. It requires shelter operating policies to establish a procedure for releasing this information to these officers.

By law, the sex offender registry maintains and disseminates information on people convicted or found not guilty by reason of mental disease or defect of (1) criminal offenses against victims who are minors, (2) nonviolent sexual offenses, (3) sexually violent offenses, and (4) felonies committed for sexual purposes. The registry includes information on these offenders regardless of whether they are registered. (Upon passage.)

Sections 135-136 — Sentencing Transcript:

Current law requires the prosecutor to request that a transcript be prepared of any sentencing hearing at which a defendant is sentenced to a definite, non-suspended sentence of more than two years imprisonment and have a copy of it delivered to the Board of Pardons and Paroles. The bill instead, requires the prosecutor to make the request on the record, eliminates the prosecutor's duty to have a copy delivered to the board, and requires the Chief Court Administrator to provide a copy to the board, in a format the Chief Court Administrator proscribes. The bill requires that during FY 10 and FY 11, $ 50,000 of the Other Expense account of the Division of Criminal Justice be transferred to the Judicial Department in order to carry out these requirements. (upon passage)

Section 180 — Memorandum of Understanding to Reunify Incarcerated Women with their Children:

The bill requires the DCF and DOC commissioners to enter a memorandum of understanding (MOU) to develop a program to reunify incarcerated women with their children in the community when appropriate. The commissioners must submit a report to the Appropriations and Human Services committees by January 1, 2010, describing the program developed under the MOU and estimate the number of eligible individuals and the savings to be achieved. DCF and DOC can transfer funds between the agencies without the Finance Advisory Committee's consent to achieve savings related to the program. (Upon passage)