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CHAPTER 325
DEPARTMENT OF CORRECTION


Table of Contents

Sec. 18-78. Composition of department.
Sec. 18-78a. Applicability of Uniform Administrative Procedure Act to department. Exceptions.
Sec. 18-79. Council of Correction.
Sec. 18-80. Commissioner.
Sec. 18-81. Duties of commissioner. Legal assistance provided to indigent inmates.
Sec. 18-81a. Habeas corpus for person in custody of commissioner.
Sec. 18-81b. Informational and educational experiences for the public.
Sec. 18-81c. Connecticut Prison Association: Office space and telephone service.
Sec. 18-81d. Medical and dental treatment of inmates under age of eighteen.
Sec. 18-81e. Notification of victim of release of inmate from correctional facility.
Sec. 18-81f. Notification of municipal official concerning status of temporary detention facility.
Sec. 18-81g. (Formerly Sec. 17a-645). Community-based treatment facility for female offenders.
Sec. 18-81h. Public safety committees established in municipalities with correctional facilities. Report.
Sec. 18-81i. Storage of weapons.
Sec. 18-81j. Annual notification of municipal official in municipalities with correctional facilities concerning capacity and inmate population in facility.
Sec. 18-81k. Maintenance of good relations between department and communities surrounding correctional facilities.
Sec. 18-81l. Criminal history records checks of correctional personnel.
Sec. 18-81m. Notification re standing criminal restraining order upon release.
Sec. 18-81n. Notification of municipal official concerning agreement for medical care of inmates.
Sec. 18-81o. Notification of municipal official and public safety committee concerning agreement for placement of persons in correctional facility.
Sec. 18-81p. Review of substance abuse detoxification and treatment programs. Reintegration of drug-dependent inmates into community.
Sec. 18-81q. Return of unused prescription drugs dispensed in correctional facilities to vendor pharmacies. Requirements. Regulations.
Sec. 18-81r. Ombudsman services.
Sec. 18-81s. Pilot program for debit account telephone system.
Sec. 18-82. Correctional institution administrators: Appointment, qualifications and duties.
Sec. 18-83. Acceptance of bequests, devises and gifts.
Sec. 18-84. "Inmate" and "prisoner" defined.
Sec. 18-85. Compensation of inmates.
Sec. 18-85a. Assessment of inmates for costs of incarceration.
Sec. 18-85b. State's claim against proceeds of inmate's cause of action or inmate's inheritance for repayment of costs of incarceration.
Sec. 18-85c. State's claim against inmate's estate for repayment of costs of incarceration.
Sec. 18-86. Transfers between institutions of department.
Sec. 18-86a. Contracts with other states for confinement of Connecticut inmates.
Sec. 18-86b. Contracts with governmental and private vendors for supervision of state inmates outside the state.
Sec. 18-86c. Contracts re release of inmates.
Sec. 18-87. Transfers to other state institutions and to the Commissioner of Children and Families.
Secs. 18-87a to 18-87d. Contracts with private agencies for: Halfway house handling of prerelease inmates; reentry services for paroled or discharged offenders. Early release: Pretrial inmates; sentenced inmates.
Secs. 18-87e and 18-87f. Prison overcrowding emergency: Definitions; construction program, release of prisoners.
Secs. 18-87g and 18-87h.
Sec. 18-87i. Emergency correctional facility projects and large increases in correctional facility inmate populations: Notices, negotiated agreements between state and municipalities, arbitration.
Sec. 18-87j. Commission on Prison and Jail Overcrowding established. Composition of commission. Chairperson.
Sec. 18-87k. Powers and duties of commission.
Sec. 18-87l. New Haven Armory not to be used to house prisoners or other detainees.
Sec. 18-88. (Formerly Sec. 18-14). Industrial activities. State agencies required to purchase necessary products from institution industries. Retail hobby stores.
Sec. 18-88a. Correction Industries Revolving Fund, charge for fringe benefits prohibited.
Sec. 18-89. (Formerly Sec. 18-9). Contracts for labor; public institutions.
Sec. 18-90. (Formerly Sec. 18-10). Prisoners; employment restricted.
Sec. 18-90a. Employment of inmates.
Sec. 18-90b. Pilot program for inmate labor in private industry.
Sec. 18-90c. Investigation of certain inmates re child support orders and arrearages.
Sec. 18-91. (Formerly Sec. 18-16). Use of correctional institutions by United States. Removal of inmates to federal institutions.
Sec. 18-91a. International transfer or exchange of prisoners.
Sec. 18-92. Expiration of term on Saturday, Sunday or legal holiday.
Sec. 18-93. Rules re clothing, transportation, grants and loans to discharged persons.
Sec. 18-94. (Formerly Sec. 17-16). Retention of diseased inmates in correctional or charitable institutions.
Sec. 18-95. (Formerly Sec. 17-18). Compensation for injuries of inmates of state correctional and reformatory institutions.
Sec. 18-96. (Formerly Sec. 18-22). Proceedings on discharge of mentally ill prisoners.
Sec. 18-97. Confinement under a mittimus: Presentence confinement credit prior to July 1, 1981.
Sec. 18-98. Confinement where bail unobtainable: Presentence confinement credit prior to July 1, 1981.
Sec. 18-98a. Deduction of time for periods of employment.
Sec. 18-98b. Outstandingly meritorious performance award.
Sec. 18-98c. Good conduct credit for presentence confinement prior to July 1, 1981.
Sec. 18-98d. Credit for presentence confinement.
Sec. 18-99. Camp for community correctional center, Connecticut Correctional Institution, Cheshire, and School for Boys inmates.
Sec. 18-99a. Creation and administration of school district within the Department of Correction. Unified School District #1.
Sec. 18-99b. Powers of district. Cooperation with federal government.
Sec. 18-100. Work-release and education-release programs. Transfer to correctional institution, halfway house, group home or mental health facility.
Sec. 18-100a. Petty cash fund for loans for work-release program.
Sec. 18-100b. Release of prisoners to an approved community residence. Eligibility.
Sec. 18-100c. Release of prisoners with definite sentences of two years or less to halfway house, group home, mental health facility or other approved community correction program.
Sec. 18-100d. Supervision of persons convicted of a crime committed on or after October 1, 1994, required until expiration of sentence.
Sec. 18-100e. Pilot zero-tolerance drug supervision program.
Sec. 18-101. Disposition of compensation.
Sec. 18-101a. Furloughs for prisoners. Crime of escape.
Sec. 18-101b. Residential stays at correctional facilities. Continuation in programs beyond discharge date.
Sec. 18-101c. Special alternative incarceration unit. Program activities.
Sec. 18-101d. Donald T. Bergin Correctional Institution.
Secs. 18-101e to 18-101g.
Sec. 18-101h. Definitions.
Sec. 18-101i. Community-based service programs established.
Sec. 18-101j. Community correction service areas established.
Sec. 18-101k. Funding.

PART I
GENERAL PROVISIONS

There is established a state Department of Correction, which shall consist of the Enfield Correctional Institution, Enfield; the Northern Correctional Institution, Somers; the Osborn Correctional Institution, Somers; the Carl Robinson Correctional Institution, Enfield; the William Willard-Alexander J. Cybulski Correctional Institution, Enfield; the Bridgeport Correctional Center, Bridgeport; the Cheshire Correctional Institution, Cheshire; the Ward A. Garner Correctional Institution, Newtown; the John R. Manson Youth Institution, Cheshire; the New Haven Correctional Center, New Haven; the Noah Daniel Webster Correctional Institution, Cheshire; the Brooklyn Correctional Institution, Brooklyn; the Raymond L. Corrigan Correctional Institution, Uncasville; the Bernard J. Gates Correctional Institution, Niantic; the Donald T. Bergin Correctional Institution, Mansfield; the Stanley J. Radgowski Correctional Institution, Uncasville; the Janet S. York Correctional Institution, Niantic; the Hartford Correctional Center, Hartford; the Ellis R. MacDougall Correctional Institution, Suffield; the Ralph H. Walker Reception and Special Management Unit, Suffield; and community enforcement offices located in Bridgeport, Hartford, New Haven, Norwich and Waterbury.
(1967, P.A. 152, S. 1; 1969, P.A. 297; P.A. 77-614, S. 269, 587, 610; P.A. 78-303, S. 85, 136; P.A. 86-186, S. 15; P.A. 87-282, S. 12; P.A. 92-108; May Sp. Sess. P.A. 92-11, S. 59, 70; May 25 Sp. Sess. P.A. 94-1, S. 113, 130; P.A. 01-20, S. 2.)
History: 1969 act replaced jails with community correctional centers; P.A. 77-614 and P.A. 78-303 deleted reference to department as "single budgeted agency", removed council of correction as part of department and included Connecticut Correctional Institution, Enfield in department, effective January 1, 1979; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Enfield to the Connecticut Correctional Institution, Enfield- Medium, added the Connecticut Correctional Institution, Enfield-Minimum and the Connecticut Correctional Center, Cheshire and changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; P.A. 87-282 changed the name of the Connecticut Correctional Institution, Enfield-Minimum to the Carl Robinson Correctional Institution, Enfield; P.A. 92-108 added the Daniel Webster Correctional Institution, Cheshire, the William Willard Correctional Institution, Enfield, the Hartell DWI Correctional Institution, Windsor Locks, the J. Bernard Gates Correctional Institution, Niantic, the Western Substance Abuse Treatment Correctional Institution, Newtown, and the regional community services facilities, as part of the department; May Sp. Sess. P.A. 92-11 added "Noah" before "Daniel Webster"; May 25 Sp. Sess. P.A. 94-1 removed board of parole as agency within the department, effective July 1, 1994; P.A. 01-20 substantially revised the list of correctional institutions, correctional centers, units and offices that comprise the department.
Cited. 158 C. 439. Cited. 171 C. 691, 696.
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(a)(1) The provisions of chapter 54 shall apply to the Department of Correction, except that in adopting regulations in regard to riot control procedures, security and emergency procedures, disciplinary action or classification the Department of Correction shall not be required to follow the procedures in sections 4-168, 4-168a, 4-168b, 4-172, 4-173, 4-174 and 4-176. The Attorney General, the legislative regulation review committee and the General Assembly, in complying with their duties in accordance with sections 4-169, 4-170 and 4-171, shall not make such regulations in regard to riot control procedures and security and emergency procedures public.
(2) Not later than January 1, 1998, the Commissioner of Correction shall submit all regulations, as defined in section 4-166, concerning disciplinary action or classification adopted prior to October 1, 1997, to the legislative regulation review committee at the designated office of the committee, and such regulations shall be available for public inspection at said office.
(3) The Commissioner of Correction shall submit all regulations concerning disciplinary action or classification adopted on or after October 1, 1997, to the legislative regulation review committee at the designated office of the committee not later than seven business days after the adoption thereof, and such regulations shall be available for public inspection at said office.
(4) Any regulation, as defined in section 4-166, concerning riot control, security and emergency procedures, disciplinary action, classification or out-of-state transfers which was adopted by the Department of Correction prior to October 1, 1997, and which is otherwise valid except that such regulation was not adopted in accordance with chapter 54, is validated, and shall be deemed to have been adopted in compliance with chapter 54.
(b) In cases involving disciplinary action, classifications and out-of-state transfers, the Department of Correction shall not be required to follow the procedures of sections 4-176e to 4-182, inclusive, provided all procedural safeguards are afforded at such hearings to insure due process of law.
(c) The Department of Correction may, in granting an opportunity for hearing requested by any prisoner or inmate pursuant to section 4-168, reasonably restrict the time, location and frequency of such hearings.
(P.A. 74-177, S. 1—3; P.A. 88-317, S. 77, 107; P.A. 97-168.)
History: P.A. 88-317 amended references in Subsec. (a) to Ch. 54 and Secs. 4-168, 4-172, 4-173, 4-174 and 4-176 and amended reference in Subsec. (b) to Secs. 4-177 to 4-182, to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 97-168 amended Subsec. (a) by designating existing provisions as Subdiv. (1), amending said Subdiv. (1) to exempt the adoption of regulations in regard to "security and emergency procedures, disciplinary action or classification" from the specified statutory procedures, add the reference to Sec. 4-168b and provide that the prohibition on making the regulations public is applicable to regulations "in regard to riot control procedures and security and emergency procedures", adding new Subdiv. (2) to require the submission of regulations concerning disciplinary action or classification adopted prior to October 1, 1997, to the legislative regulation review committee, adding new Subdiv. (3) to require the submission of regulations concerning disciplinary action or classification adopted on or after October 1, 1997, to the legislative regulation review committee, and adding new Subdiv. (4) to validate regulations concerning riot control, security and emergency procedures, disciplinary action, classification or out-of-state transfers adopted prior to October 1, 1997.
Cited. 171 C. 691, 696.
Subsec. (a):
Cited. 186 C. 153, 156.
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Section 18-79 is repealed.
(1967, P.A. 152, S. 2; P.A. 74-150, S. 3; P.A. 77-614, S. 609, 610.)
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In accordance with the provisions of sections 4-5 to 4-8, inclusive, the Governor shall appoint a Commissioner of Correction who shall be the administrative head of the department. Said commissioner shall be an experienced correctional administrator. He shall devote his entire time to the duties of his office.
(1967, P.A. 152, S. 3; P.A. 77-614, S. 270, 610.)
History: P.A. 77-614 deleted reference to consultation with council of correction, effective January 1, 1979.
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The Commissioner of Correction shall administer, coordinate and control the operations of the department and shall be responsible for the overall supervision and direction of all institutions, facilities and activities of the department. He shall establish rules for the administrative practices and custodial and rehabilitative methods of said institutions and facilities in accordance with recognized correctional standards. He shall establish, develop and maintain noninstitutional, community-based service programs. He shall be responsible for establishing disciplinary, diagnostic, classification, treatment, vocational and academic education, research and statistics, training and development services and programs throughout the department. Subject to the provisions of chapter 67, the commissioner shall appoint such professional, technical and other personnel as may be necessary for the efficient operation of the department. The commissioner shall organize and operate interinstitutional programs for the development and training of institution and facility staffs. He shall provide for the services of such chaplains as are necessary to minister to the needs of the inmates of department institutions and facilities. He shall, within available appropriations for such purpose, arrange for provision of legal assistance of a civil nature to indigent inmates of department institutions and facilities and legal representation for such inmates before administrative boards where permitted or constitutionally required.
(1967, P.A. 152, S. 5; P.A. 77-24; 77-526, S. 1, 2; 77-614, S. 271, 610; P.A. 80-200, S. 2, 7; P.A. 93-219, S. 9, 14.)
History: P.A. 77-24 allowed commissioner to appoint designees to act for him; P.A. 77-526 added commissioner's duty to arrange for legal assistance for indigent inmates; P.A. 77-614 deleted reference to consultation with council of correction in establishing rules, effective July 1, 1979; P.A. 80-200 required commissioner to establish, develop and maintain noninstitutional, community-based service programs; P.A. 93-219 deleted responsibility of commissioner to supervise parolees and act as administrator of the interstate compact for parole and probation supervision, reflecting transfer of said responsibilities to board of parole, effective July 1, 1994.
See Secs. 20-14h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.
Commissioner's extremely broad discretion under this section must be accommodated with rule that prisoner retains basic constitutional rights; habeas corpus provides only practical access of prisoner to courts. 34 CS 89.
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Whenever any writ of habeas corpus ad testificandum or ad prosequendum or ad respondendum has been issued at the request of a prosecuting attorney or state's attorney for any person in the custody of the Commissioner of Correction, said commissioner shall either arrange to transport, produce and maintain custody of such person, or said commissioner, with the consent of another state or municipal agency, may arrange to place the person in the charge of such other state or municipal agency which will transport, produce and maintain custody of such person, to, from and at the place specified in such writ.
(1971, P.A. 49, S. 2.)
Cited. 229 C. 125, 153.
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The Commissioner of Correction may provide to the public such informational and educational experiences as are consonant with the department's mission and goals and when such experiences necessitate the expending of funds said commissioner shall require the recipients of said informational and educational experiences to compensate the department.
(P.A. 76-119.)
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The Commissioner of Correction shall provide office space and telephone service for the Connecticut Prison Association.
(P.A. 81-99.)
See Secs. 18-96 and 54-131 re duties of the Connecticut Prison Association.
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(a) When he deems it in the best interest of any inmate under the age of eighteen committed to the custody of the Commissioner of Correction, the commissioner or his designee may authorize medical or dental treatment, including surgery and oral surgery, to insure the continued good health of such inmate. Any such authorization for medical treatment or surgery shall be made on the advice of a physician licensed to practice in the state under the provisions of chapter 370, except that if any such surgery is not of an emergency nature, the advice of two such physicians shall be required. Any such authorization for dental treatment or oral surgery shall be made on the advice of a dentist licensed to practice in the state under the provisions of chapter 379, except that if any such oral surgery is not of an emergency nature the advice of two such dentists shall be required.
(b) Prior to such authorization, the commissioner shall exercise due diligence to obtain the consent of the parents or guardian of such inmate for such treatment or surgery, and in all cases shall send notice to the parents or guardian by letter to their last-known address informing them of the actions taken, of their necessity and of the outcome. In any case where the commissioner fails to notify such parents or guardian, such failure will not affect the validity of the authorization. All costs incurred for any such treatment or surgery shall be paid by the state.
(P.A. 85-295.)
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(a) For the purposes of this section, "victim" includes the legal representative of the victim or a member of the deceased victim's immediate family.
(b) Upon the release of any person from a correctional facility, whether at the scheduled termination date of a determinate sentence or prior to such date on account of the transfer of such person to a public or private nonprofit halfway house, group home or mental health facility or approved community residence pursuant to section 18-100, the reduction of such sentence due to good conduct and obedience to rules or receipt of an outstandingly meritorious performance award, or any other early release provision, the Commissioner of Correction or his designee shall notify any victim of the crime for which such person is incarcerated of such person's release if such victim has requested notification and provided the commissioner with a current address.
(P.A. 85-566, S. 3; P.A. 88-278, S. 2; P.A. 95-152, S. 2.)
History: P.A. 88-278 added provision in Subsec. (b) re release of person prior to scheduled date as result of prison overcrowding emergency, transfer to halfway house, group home, mental health facility or community residence, reduction of sentence due to good conduct or meritorious service award or other early release provision; P.A. 95-152 amended Subsec. (b) to delete the provision re the release of a person on account of "the declaration of a prison overcrowding emergency pursuant to section 18-87f", reflecting the repeal of said section by the same public act.
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Sec. 18-81f. Notification of municipal official concerning status of temporary detention facility. The Commissioner of Correction or his designee shall provide written notice to the chief executive officer of any municipality not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and a public agency concerning a temporary detention facility located in such municipality, and (2) the effective date of any new or additional terms to any existing agreement between the Department of Correction and a public agency concerning a temporary detention facility located in such municipality. The commissioner shall specify in such notice the action taken or planned under subdivision (1) or (2) of this section which necessitated the giving of such notice. For the purposes of this section, "temporary detention facility" means any correctional center, institution or facility operated for a specific period of time by the Department of Correction for the confinement of inmates or prisoners.
(P.A. 87-538, S. 4, 5.)
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Sec. 18-81g. (Formerly Sec. 17a-645). Community-based treatment facility for female offenders. The Department of Correction shall, within the available appropriations of the Department of Correction, establish a fifteen-bed segregated, community-based alcohol and drug treatment facility targeted solely for female offenders.
(P.A. 89-390, S. 33, 37; P.A. 93-381, S. 23, 39.)
History: P.A. 93-381 deleted reference to Connecticut alcohol and drug abuse commission, and added the words "of correction" in the phrase "within the available appropriations of the department of correction" effective July 1, 1993; Sec. 17a-645 transferred to Sec. 18-81g in 1995.
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(a) The Department of Correction shall establish a public safety committee in each municipality in which a correctional facility is located. Each committee shall be composed of the warden or superintendent of the correctional facility and representatives appointed by the chief elected official of the municipality. Each committee shall meet not less than quarterly to review correctional safety and security issues which affect the host municipality.
(b) On or before November 1, 1995, and annually thereafter, each public safety committee shall submit a report to the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public safety which outlines issues of concern in each municipality in which a correctional facility is located and makes recommendations to mitigate such concerns.
(P.A. 93-219, S. 12, 14; P.A. 95-251, S. 1.)
History: P.A. 93-219 effective July 1, 1993; P.A. 95-251 amended Subsec. (b) to change report deadline from July 1, 1994, to November 1, 1995, and to require reports by public safety committees rather than Department of Correction.
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(a) Any firearm, ammunition or deadly weapon owned by the Department of Correction shall be stored in a secure location on Department of Correction property.
(b) The Commissioner of Correction shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, defining "secure location".
(July Sp. Sess. P.A. 94-1, S. 18; P.A. 01-51.)
History: P.A. 01-51 designated existing provisions as Subsec. (a) and amended it to replace requirement that any firearm, ammunition or deadly weapon "only be stored in a secure location on the grounds of a correctional facility with a security rating of level three or higher" with requirement that any such weapon "be stored in a secure location on Department of Correction property" and added Subsec. (b) re the adoption of regulations to implement section.
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Sec. 18-81j. Annual notification of municipal official in municipalities with correctional facilities concerning capacity and inmate population in facility. On or before November 1, 1995, and annually thereafter, the Commissioner of Correction shall notify the chief elected official in each municipality in which a correctional facility is located of the actual capacity and inmate population of such facility at that time.
(P.A. 95-251, S. 2.)
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The Commissioner of Correction shall develop a policy to ensure that the maintenance of good relations between the department and the communities surrounding correctional facilities is a high priority of the Department of Correction. The policy shall require the periodic conduct of educational programs and forums in the host communities to address the concerns of the communities.
(P.A. 95-251, S. 5.)
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The Department of Correction shall (1) require each applicant for a position that will involve direct contact with inmates to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of such person's application, and (2) require each applicant to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a.
(P.A. 95-251, S. 4; P.A. 96-180, S. 133, 166; June Sp. Sess. P.A. 98-1, S. 48, 121; P.A. 01-175, S. 13, 32.)
History: P.A. 96-180 made a technical change, effective June 3, 1996; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998; P.A. 01-175 made technical changes for the purposes of gender neutrality, replaced provisions re criminal history records checks conducted by the department, fingerprinting and fee with provision re state and national criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001.
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When any person against whom a standing criminal restraining order has been issued pursuant to subsection (a) of section 53a-40e is released from confinement in a correctional institution, the Commissioner of Correction shall notify such person of the existence of the standing criminal restraining order against him, the terms of the order and the penalty for violation of the order and the commissioner shall provide such person with a copy of the order. If such person is released on parole or probation, the parole or probation officer shall, at the end of such term of parole or probation, remind such person of the existence of the standing criminal restraining order against him, the terms of the order and the penalty for violation of the order and the parole or probation officer shall provide such person with a copy of the order.
(P.A. 96-228, S. 3.)
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The Commissioner of Correction, or his designee, shall provide written notice to the chief executive officer of a municipality not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and a public or private hospital or other health care facility located in such municipality concerning the ongoing provision of inpatient or outpatient nonemergency medical services to inmates or prisoners; and (2) the effective date of any new or additional terms to any such existing agreement. The notice required pursuant to this section shall specify the action taken or planned under subdivision (1) or (2) of this section, including security measures and procedures for cooperation with local police officials. The chief executive officer may hold a public hearing on any notice pursuant to this section, file written comments with the commissioner and designate a representative of the municipality who shall act as liaison to the department for the period of time that any agreement subject to this section remains in effect.
(P.A. 97-245, S. 3.)
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Sec. 18-81o. Notification of municipal official and public safety committee concerning agreement for placement of persons in correctional facility. The Commissioner of Correction or his designee shall provide written notice to the chief executive officer of a municipality and any public safety committee established pursuant to section 18-81h not less than sixty days prior to: (1) The effective date of any new agreement or renewal of an existing agreement between the Department of Correction and any public agency other than a state agency concerning the placement, custody or care in a correctional facility in such municipality of persons under the jurisdiction of such agency, and (2) the effective date of any new or additional terms to any such existing agreement. The notice required pursuant to this section shall specify the action planned under subdivision (1) or (2) of this section, including security measures and procedures for cooperation with local police officials. The chief executive officer or public safety committee may hold a public hearing on any notice provided pursuant to this section and may file written comments with the commissioner.
(P.A. 97-245, S. 4.)
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The Commissioner of Correction, in consultation with the Department of Mental Health and Addiction Services and the Judicial Department, shall review, evaluate and make recommendations concerning substance abuse detoxification and treatment programs for drug-dependent pretrial and sentenced inmates of correctional facilities and the reintegration of such inmates into the community. The commissioner shall examine various options for the detoxification and treatment of drug-dependent inmates including, but not limited to, methadone maintenance treatment and other therapies or treatments, and the reintegration of drug-dependent inmates into the community upon their release from incarceration, including the transfer of inmates to community-based methadone or other therapy or treatment programs. The commissioner shall report his findings and recommendations and submit a proposal for detoxification, treatment and reintegration programs including, if appropriate, the establishment of one or more pilot programs for methadone maintenance or other therapy or treatment for drug-dependent inmates to the General Assembly not later than February 1, 1998.
(P.A. 97-248, S. 2, 12.)
History: P.A. 97-248 effective July 1, 1997.
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Sec. 18-81q. Return of unused prescription drugs dispensed in correctional facilities to vendor pharmacies. Requirements. Regulations. (a) Each correctional institution shall return to the vendor pharmacy which shall accept, for repackaging and reimbursement to the Department of Correction, drug products that were dispensed to a patient and not used if such drug products are (1) prescription drug products that are not controlled substances, (2) sealed in individually packaged units, (3) returned to the vendor pharmacy within the recommended period of shelf life for the purpose of redispensing such drug products, (4) determined to be of acceptable integrity by a licensed pharmacist, and (5) oral and parenteral medication in single-dose sealed containers approved by the federal Food and Drug Administration, topical or inhalant drug products in units of use containers approved by the federal Food and Drug Administration or parenteral medications in multiple-dose sealed containers approved by the federal Food and Drug Administration from which no doses have been withdrawn.
(b) Notwithstanding the provisions of subsection (a) of this section:
(1) If such drug products are packaged in manufacturer's unit-dose packages, such drug products shall be returned to the vendor pharmacy for redispensing and reimbursement to the Department of Correction if such drugs may be redispensed for use before the expiration date, if any, indicated on the package.
(2) If such drug products are repackaged in manufacturer's unit-dose or multiple- dose blister packs, such drug products shall be returned to the vendor pharmacy for redispensing and reimbursement to the Department of Correction if (A) the date on which such drug product was repackaged, such drug product's lot number and expiration date are indicated clearly on the package of such repackaged drug; (B) ninety days or fewer have elapsed from the date of repackaging of such drug product; and (C) a repackaging log is maintained by the pharmacy in the case of drug products repackaged in advance of immediate needs.
(3) No drug products dispensed in a bulk dispensing container may be returned to the vendor pharmacy.
(c) The Department of Correction shall establish procedures for the return of unused drug products to the vendor pharmacy from which such drug products were purchased.
(d) The Department of Correction shall reimburse to the vendor pharmacy the reasonable cost of services incurred in the operation of this section, as determined by the Commissioner of Correction.
(e) The Department of Consumer Protection, in consultation with the Department of Correction, shall adopt regulations, in accordance with the provisions of chapter 54, which shall govern the repackaging and labeling of drug products returned pursuant to subsections (a) and (b) of this section. The Department of Consumer Protection shall implement the policies and procedures necessary to carry out the provisions of this section until January 1, 2003, while in the process of adopting such policies and procedures in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days after implementation.
(June Sp. Sess. P.A. 01-9, S. 27, 131.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001.
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(a) For the purposes of this section, "ombudsman services" includes (1) the receipt of complaints by the ombudsman from inmates in the custody of the Department of Correction including inmates housed in other states, regarding decisions, actions and omissions, policies, procedures, rules and regulations of the department, (2) investigating such complaints, rendering a decision on the merits of each complaint and communicating the decision to the complainant, (3) recommending to the Commissioner of Correction a resolution of any complaint found to have merit, (4) recommending policy revisions to the department, and (5) publishing a quarterly report of all ombudsman services activities
(b) The Commissioner of Correction shall contract for the provision of ombudsman services and shall annually report the name of the person or persons with whom the department has so contracted to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction in accordance with the provisions of section 11-4a.
(c) Prior to any person in the custody of the Commissioner of Correction obtaining ombudsman services, such person shall have reasonably pursued a resolution of the complaint through any existing internal grievance or appellate procedures of the Department of Correction.
(d) All oral and written communications, and records relating thereto, between an inmate and the ombudsman or a member of the ombudsman's staff, including, but not limited to, the identity of a complainant, the details of a complaint and the investigative findings and conclusions of the ombudsman shall be confidential and shall not be disclosed without the consent of the inmate, except that the ombudsman may disclose without the consent of the inmate (1) such communications or records as may be necessary in order for the ombudsman to conduct an investigation and support any recommendations the ombudsman may make, or (2) the formal disposition of an inmate's complaint when requested in writing by a court hearing such inmate's application for a writ of habeas corpus that was filed subsequent to an adverse finding by the ombudsman on such inmate's complaint.
(e) Notwithstanding the provisions of subsection (d) of this section, whenever in the course of providing ombudsman services, the ombudsman or a member of the ombudsman's staff becomes aware of the commission or planned commission of a criminal act or a threat to the health and safety of any individual or the security of a correctional facility, the ombudsman shall notify the Commissioner of Correction or a facility administrator of such act or threat and the nature and target thereof.
(f) If the commissioner has a reasonable belief that an inmate has made or provided to the ombudsman an oral or written communication concerning a safety or security threat within the Department of Correction or directed against an employee of the department, the ombudsman shall provide to the commissioner all oral or written communications relevant to such threat.
(June Sp. Sess. P.A. 01-9, S. 76, 131; May 9 Sp. Sess. P.A. 02-7, S. 105.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b) to delete condition that the commissioner contract for ombudsman services "within available appropriations", effective August 15, 2002.
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The Commissioner of Correction shall establish a pilot program to allow an option, to be made available to inmates of a unit under said commissioner's control, for payment of telephone service by use of a debit account system or other similar system, in lieu of collect calls, under which funds may be deposited into an inmate's account in order to pay for station-to-station telephone service for such inmate. Said commissioner shall post notice of such option to the inmates and their families. The commissioner, in consultation with the Chief Information Officer of the state, shall make every effort to have a pilot program for a debit account system, or similar system, in place within one year of June 3, 2002.
(P.A. 02-104, S. 1.)
History: P.A. 02-104 effective June 3, 2002.
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The Commissioner of Correction shall appoint and may remove the following administrators, all of whom shall serve at the pleasure of the commissioner and shall be exempt from the classified service: All wardens of correctional institutions, all state community center wardens, all detention center wardens, all correctional service directors and all regional support services administrators. Such individuals shall possess skill and experience in correctional administration.
(1967, P.A. 152, S. 7; 1969, P.A. 300; 1971, P.A. 154, S. 3; P.A. 75-85; P.A. 77-614, S. 272, 610; P.A. 85-397; P.A. 87-282, S. 13; P.A. 94-193, S. 4.)
History: 1969 act replaced deputy commissioners for disciplinary and treatment services and for field services with deputy commissioners of institution services and of community services, replaced State Farm and State Prison for Women with Connecticut Correctional Institution, Niantic, replaced State Prison with Connecticut Correctional Institution, Somers, replaced reformatory with Connecticut Correctional Institution, Cheshire and jails with community correctional centers; 1971 act replaced Osborn correctional institution with Enfield correctional institution; P.A. 75-85 replaced provisions re appointment of specific deputy commissioners and re duties of deputy commissioner of women's services with statement that there shall be three deputy commissioner's; P.A. 77-614 deleted references to council of correction, removed deputy commissioners entirely and included appointment of community correctional center wardens, effective January 1, 1979; P.A. 85-397 revised language re administrative heads of state correctional institutions; P.A. 87-282 deleted references to "superintendents" of institutions; P.A. 94-193 clarified the meaning of "administrative heads of state institutions" as "administrators, all of whom shall serve at the pleasure of the commissioner and shall be exempt from the classified service" and made other technical corrections for clarity.
Cited. 195 C. 303, 311.
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The Commissioner of Correction may accept and receive, on behalf of the department or any institution or facility thereof, any bequest or gift of personal property and, subject to section 4b-22, any devise or gift of real property made to the department or any institution thereof, and may hold and use such property for the purposes specified in such bequest, devise or gift.
(1967, P.A. 152, S. 8.)
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The terms "inmate" and "prisoner", as used in this title and sections 54-125 to 54-129, inclusive, and 54-131, include any person in the custody of the Commissioner of Correction or confined in any institution or facility of the Department of Correction until released from such custody or control, including any person on parole.
(1967, P.A. 152, S. 12; P.A. 79-194; 79-631, S. 14, 111; P.A. 82-472, S. 154, 183.)
History: P.A. 79-194 deleted reference to Sec. 17-194a and replaced "sentenced or transferred to" with "in the custody of the commissioner ... or confined in" any institution or facility; P.A. 79-631 made technical changes; P.A. 82-472 removed the reference to Sec. 17-246.
Cited. 45 CS 57.
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The commissioner, after consultation with the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management, shall establish a schedule of compensation for services performed on behalf of the state by inmates of any institution or facility of the department. Such schedule shall recognize degrees of merit, diligence and skill in order to encourage inmate incentive and industry. Sums so earned shall be deposited, under the direction of the administrative head of such institution or facility, in a savings bank or state bank and trust company in this state, and shall be paid to the inmate on his discharge; but the warden or Community Correctional Center Administrator may, while the inmate is in custody, disburse any compensation earned by such person in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of his dependents, if any; (7) his necessary travel expense to and from work and other incidental expenses; (8) costs of his board as determined by the commissioner; and (9) payment to the clerk of the court in which an inmate of a community correctional center, held only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine. Any interest that accrues shall be credited to any institutional fund established for the welfare of inmates. Compensation under this section shall be in addition to any compensation received or credited under section 18-50.
(1967, P.A. 152, S. 13; 1969, P.A. 297; P.A. 77-614, S. 126, 273, 610; P.A. 87-282, S. 14; P.A. 88-300, S. 1; P.A. 93- 310, S. 26, 32.)
History: 1969 act replaced jails with community correctional centers; P.A. 77-614 required consultation with commissioner of administrative services and secretary of the office of policy and management rather than with council of correction and personnel policy board; P.A. 87-282 deleted reference to "superintendent"; P.A. 88-300 amended provision re disbursement of compensation by requiring following priorities as Subdivs. (1) to (9): Federal taxes due, restitution or compensation to crime victim, payment of civil judgment, victims compensation, state taxes due, support of dependents, travel expense to and from work, costs of board and payment of fine; P.A. 93-310 changed commission on victim services to office of victim services, effective July 1, 1993.
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The Commissioner of Correction shall adopt regulations in accordance with the provisions of chapter 54 concerning the assessment of inmates of correctional institutions or facilities for the costs of their incarceration.
(P.A. 95-235.)
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(a) In the case of causes of action of any person obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section, the claim of the state shall be a lien against the proceeds therefrom in the amount of the costs of incarceration or fifty per cent of the proceeds received by such person after payment of all expenses connected with the cause of action, whichever is less, for repayment under said section, and shall have priority over all other claims including any lien of the state for repayment of public assistance except (1) attorney's fees for said causes, (2) expenses of suit, (3) costs of hospitalization connected with the cause of action by whomever paid over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits, (4) child support obligations pursuant to subsection (d) of section 17b-93, (5) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction, and (6) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction; and such claim shall consist of the total amount of the costs of incarceration under section 18-85a. The proceeds of such causes of action shall be assignable to the state for payment of the amount due under section 18-85a, irrespective of any other provision of law. The state's lien shall constitute an irrevocable direction to the attorney for the inmate to pay the Commissioner of Correction or the commissioner's designee in accordance with its terms, except if, after written notice from the attorney for the inmate informing the commissioner or the commissioner's designee of the settlement of the cause of action or judgment thereon and requesting the amount of the lien to be paid to the commissioner or the commissioner's designee, the commissioner or the commissioner's designee does not inform such attorney of the amount of the state's lien within forty-five days of receipt of the written request of such attorney for such information, such attorney may distribute such proceeds to such inmate and shall not be liable for any loss the state may sustain thereby.
(b) In the case of an inheritance of an estate by any person who is obligated to pay the costs of such person's incarceration in accordance with section 18-85a and the regulations adopted under said section, the claim of the state shall be a lien against such inheritance in the amount of the costs of incarceration or fifty per cent of the assets of the estate payable to the inmate, whichever is less. The Court of Probate shall accept any such lien notice filed by the commissioner or the commissioner's designee with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance therewith.
(P.A. 01-129, S. 1, 3.)
Attorney Initials
History: P.A. 01-129 effective June 28, 2001.
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Sec. 18-85c. State's claim against inmate's estate for repayment of costs of incarceration. Upon the death of any person obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section, the state shall have a claim against such person's estate for all costs of incarceration under the provisions of said section and regulations for which the state has not been reimbursed, to the extent that the amount which the surviving spouse, parent or dependent children of the decedent would otherwise take from such estate is not needed for their support. Such claim shall have priority over all other unsecured claims against such estate, including any lien of the state for repayment of public assistance, except (1) expenses of last sickness not to exceed three hundred seventy-five dollars, (2) funeral and burial expenses in accordance with that allowed under section 17b-84 upon the death of a beneficiary of aid, (3) child support obligations pursuant to subsection (d) of section 17b-93, (4) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction, (5) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction, and (6) administrative expenses, including probate fees and taxes, and including fiduciary fees not exceeding the following commissions on the value of the whole estates accounted for by such fiduciaries: On the first two thousand dollars or portion thereof, five per cent; on the next eight thousand dollars or portion thereof, four per cent; on the excess over ten thousand dollars, three per cent. Upon petition by any fiduciary, the Court of Probate, after a hearing thereon, may authorize compensation in excess of the above schedule for extraordinary services. Notice of any such petition and hearing shall be given to the Commissioner of Correction at least ten days in advance of such hearing. The allowable funeral and burial payment authorized by this section shall be reduced by the amount of any prepaid funeral arrangement. Any amount paid from the estate under this section to any person that exceeds the limits provided in this section shall be repaid to the estate by such person, and such amount may be recovered in a civil action with interest at the legal rate from the date of demand.
(P.A. 01-129, S. 2, 3.)
History: P.A. 01-129 effective June 28, 2001.
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The commissioner may transfer any inmate of any of the institutions or facilities of the department to any other such institution or facility, irrespective of the institution to which the inmate was originally committed or the length of his sentence, when it appears to the commissioner that the best interests of the inmate or the other inmates will be served by such action.
(1967, P.A. 152, S. 14.)
Transfer of inmate from state prison at Wethersfield to new prison at Somers and Enfield legitimized by former section 18-1. Convict sentenced to one penal institution can be transferred or taken to another with statutory or judicial authority. 156 C. 339. Cited. 195 C. 303, 311. Cited. 196 C. 309, 313.
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The Commissioner of Correction may enter into one or more contracts, with the appropriate official or officials of any state which is not a party to the New England Interstate Corrections Compact or the Interstate Corrections Compact, for the confinement of Connecticut inmates in correctional facilities located in such state. Any such contract shall provide for: (1) Its duration; (2) payments to be made by the state of Connecticut to the state to which the inmates are sent, for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; (3) participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom; (4) delivery and retaking of inmates; and (5) such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the state of Connecticut and the state to which the inmates are sent. The Commissioner of Correction shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. Such regulations shall include, but not be limited to, limitations on the length of time that inmates may be confined in correctional facilities of other states, the types of inmates eligible to be sent, the types of services, facilities, programs and treatment furnished by other states for which payment will be made, and limitations on the amount of payments to be made to other states to which inmates are sent.
(P.A. 90-250, S. 1, 3.)
See Sec. 18-81r re ombudsman services for inmates in custody of Department of Correction housed in other states.
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(a) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, the Commissioner of Correction is authorized to improve the operation of the state's correctional facilities by entering into contracts with any governmental or private vendor for supervision of not more than five hundred inmates outside the state. Any such governmental or private vendor shall agree to be bound by the provisions of the Interstate Corrections Compact, and any governmental or privately- operated facility to which state inmates are transferred pursuant to a contract under this section shall be located in a state which has enacted and entered into the Interstate Corrections Compact.
(b) A state inmate confined in any governmental or privately-operated facility pursuant to the terms of any contract with the state shall at all times be subject to the authority of the Commissioner of Correction who may at any time remove the inmate for transfer to a state correctional facility or other institution, for transfer to another governmental or privately-operated facility, for release on probation or parole, for discharge or for any other purpose permitted by the laws of this state.
(P.A. 95-229.)
See Sec. 18-81r re ombudsman services for inmates in custody of Department of Correction housed in other states.
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Any contract entered into between the Commissioner of Correction and a provider operating a halfway house, group home, mental health facility or other community residence to which the commissioner may release inmates, shall specify whether such provider refuses to accept certain inmates and, if so, shall specify the types of inmates such provider refuses to accept.
(June Sp. Sess. P.A. 00-1, S. 35, 46.)
History: June Sp. Sess. P.A. 00-1 effective July 1, 2000.
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Sec. 18-87. Transfers to other state institutions and to the Commissioner of Children and Families. The Commissioner of Correction may transfer any inmate of any of the institutions of the Department of Correction to any other appropriate state institution with the concurrence of the superintendent of such institution or to the Department of Children and Families when the Commissioner of Correction finds that the welfare or health of the inmate requires it. When an inmate, after the expiration of his sentence, is committed to or otherwise remains in the institution to which he was transferred, the expense of his treatment and support shall be paid as provided by sections 17b-19, 17b-63 to 17b-65, inclusive, 17b-116 to 17b-138, inclusive, 17b-220 to 17b- 250, inclusive, 17b-256, 17b-259, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, 17b-689, 17b-689b, and 17b-743 to 17b-747, inclusive. No transfer of any person who has attained the age of eighteen years shall be made to the Department of Children and Families, and no transfer of any person who has not attained the age of eighteen to the Department of Children and Families shall be made unless the Commissioner of Children and Families finds that such person would benefit from a transfer to the Department of Children and Families and agrees to accept such person and such person has given his written consent to such transfer. Such person transferred to the Department of Children and Families shall be deemed to be committed to the custody of the Commissioner of Children and Families. The Commissioner of Children and Families shall have the power to terminate the commitment and release such person at any time he determines such termination and release would be in such person's best interest, and shall have the power to return such person to the jurisdiction of the Commissioner of Correction. The transfer of any person under this section to the Department of Children and Families shall not result in the person so transferred being in the custody of the Commissioner of Correction and the Commissioner of Children and Families for a total of less than the minimum nor more than the maximum term he would have been in the custody of the Commissioner of Correction had he not been so transferred.
(1967, P.A. 152, S. 15; 1969, P.A. 664, S. 13; 1972, P.A. 127, S. 35; P.A. 93-91, S. 1. 2; P.A. 96-180, S. 53, 166.)
History: 1969 act added provisions re transfers from correctional institution to department of children and youth services, required that superintendent of institution from which transfer to be made concur in decision and placed responsibility of determination of suitability of transfer on commissioner of correction rather than on wardens, superintendents or jail administrators; 1972 act forbade transfer of those reaching eighteen rather than twenty, reflecting changed age of majority; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-180 made technical grammatical change, effective June 3, 1996 (Revisor's note: The references to "17b-115 to 17b-138" and "17b-689 to 17b-693, inclusive," were changed editorially by the Revisors to "17b-116 to 17b-138" and "17b-689, 17b-689b", respectively, to reflect the repeal of certain sections by section 164 of June 18 Sp. Sess. P.A. 97-2).
See Sec. 17a-10 re custody of committed children.
See Sec. 17b-250 re payment of hospital expenses of inmate transferred from correctional institution.
See Sec. 18-52a re hospitalization of prisoners for surgery or other care.
See Sec. 18-94 re retention of diseased inmates in correctional or charitable institutions.
Cited. 158 C. 439. Cited. 195 C. 303, 311. Cited. 201 C. 115, 123.
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Secs. 18-87a to 18-87d. Contracts with private agencies for: Halfway house handling of prerelease inmates; reentry services for paroled or discharged offenders. Early release: Pretrial inmates; sentenced inmates. Sections 18-87a to 18-87d, inclusive, are repealed.
(1972, P.A. 11, S. 1; P.A. 78-1, S. 1, 2; P.A. 80-200, S. 6, 7; P.A. 80-442, S. 24, 25, 28; P.A. 81-437, S. 6, 7, 12; P.A. 82-472, S. 56, 183; P.A. 84-505, S. 5, 6.)
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Sections 18-87e and 18-87f are repealed.
(P.A. 84-505, S. 1, 2, 6; P.A. 87-538, S. 2, 3, 5; P.A. 88-244, S. 2; 88-317, S. 78, 107; P.A. 89-353, S. 5, 8; P.A. 95- 152, S. 3.)
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Reserved for future use.
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Sec. 18-87i. Emergency correctional facility projects and large increases in correctional facility inmate populations: Notices, negotiated agreements between state and municipalities, arbitration. Section 18-87i is repealed, effective October 1, 1999.
(P.A. 89-353, S. 7, 8; P.A. 99-75, S. 13.)
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There is established a Commission on Prison and Jail Overcrowding which shall be within the Office of Policy and Management for administrative purposes only. The commission shall consist of the Chief Court Administrator or his designee, the Commissioner of Correction, the Commissioner of Public Safety, the Chief State's Attorney or his designee, the Chief Public Defender or his designee, the executive director of the Court Support Services Division or other designee of the Chief Court Administrator and the following members, each of whom shall be appointed by the Governor: Three government officials, a police chief, two persons representing offender and victim services within the private community and two public members. The Governor shall appoint a chairperson from among the members of the commission. The commission shall meet at such times as it deems necessary.
(P.A. 81-437, S. 1, 12; P.A. 82-472, S. 168, 183; P.A. 84-27, S. 2; P.A. 02-132, S. 11.)
History: P.A. 82-472 made a technical change by eliminating the director of the justice commission from the commission on prison and jail overcrowding and adding one more government official; P.A. 84-27 deleted the requirement that the commission meet at least once each month; P.A. 02-132 replaced "the Chief Bail Commissioner" with "the executive director of the Court Support Services Division" and made technical changes.
See Sec. 4-38f for definition of "administrative purposes only".
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The commission shall: (1) Develop and recommend policies for preventing prison and jail overcrowding; (2) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding and recommend legislation to the Governor and the General Assembly; (3) annually prepare and distribute a comprehensive state criminal justice plan for preventing prison and jail overcrowding which shall include, but not be limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release and community service plans and the impact on prison populations, local communities and court caseloads. The commission shall take into account any state plans in the related areas of mental health and drug and alcohol abuse in the development of such plan. The plan shall be submitted annually to the Governor and General Assembly on or before January fifteenth; (4) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make such information available to criminal justice agencies and members of the General Assembly.
(P.A. 81-437, S. 2, 12.)
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Sec. 18-87l. New Haven Armory not to be used to house prisoners or other detainees. The New Haven Armory may not be used in any part or at any time for the incarceration or holding of persons charged with, or convicted of, a crime, including, but not limited to, any temporary housing of prisoners or detainees on an emergency basis.
(P.A. 00-192, S. 18, 102.)
History: P.A. 00-192 effective July 1, 2000.
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Sec. 18-88. (Formerly Sec. 18-14). Industrial activities. State agencies required to purchase necessary products from institution industries. Retail hobby stores. (a) The commissioner shall use the industrial fund for the institutions of the department as a revolving fund for the maintenance and continuance of such productive industries as the commissioner directs and for the purchase of supplies, stock, tools, machinery and other equipment to promote in any way the industrial activities, including agricultural activities, of the institutions. The proceeds from all sales resulting from such activities shall be paid to the Treasurer and credited to said fund.
(b) The commissioner shall approve the establishment and maintenance of any and all such industrial activities, including, but not limited to, an optical shop to produce prescription eyeglasses for inmates of correctional institutions, for persons under state care in other institutions and for other persons receiving or eligible to receive benefits under Title XIX of the federal Social Security Act, as amended, provided such optical shop is under the direct supervision of an optician licensed under chapter 381, and provided further such eyeglasses are prescribed by an optometrist licensed under chapter 380, and are fitted by such licensed optometrist or by an optician licensed under chapter 381, after considering and determining the extent, if any, to which each industry may compete with private industry and, as far as possible, shall encourage a diversified program. If said optical shop is unable to fill the prescription for such eyeglasses for any reason, within the two-week period from its receipt of such prescription, said shop shall notify the person who prescribed such eyeglasses within ten days after receipt of such prescription.
(c) The commissioner may, by regulation, provide, for any injury suffered by any inmate arising out of and in the course of his employment in such industries, a compensation award not covered under section 4-165b. Such payments shall not exceed the sum of one dollar and fifty cents per week and shall be payable solely from profits from such industries.
(d) The commissioner may appoint, in accordance with chapter 67, a superintendent of institution industries and such assistants and employees as he deems necessary to (1) manage the industries, (2) market and deliver the products and (3) investigate complaints. The compensation of such appointees shall be paid from the industrial fund.
(e) The commissioner shall cause such articles, materials and products as are used by state agencies and political subdivisions to be produced by the labor of prisoners and sold at prices comparable with the lowest market prices for such articles and materials sold or offered for sale outside the institutions.
(f) Any political subdivision of the state or federal government or any private nonprofit entity, including one which receives all or part of its revenues from any political subdivision of the state or federal government, may purchase any articles, materials or products required by it which are produced or manufactured by the institution industries, and any person may purchase products and by-products of farming operations in accordance with section 53-329. The commissioner may promulgate and circulate at sufficiently frequent intervals for distribution to the Commissioner of Administrative Services, the Comptroller and such political subdivisions a catalog showing styles, designs, sizes and varieties of all articles, materials and products manufactured and produced at the institutions and periodical price lists for all such articles.
(g) Each state department, agency, commission or board shall purchase its necessary products and services from the institution industries if such products and services are produced or manufactured and made available by such industries, provided such products and services are of comparable price and quality and in sufficient quantity as may be available for sale or offered for sale outside the institutions.
(h) The commissioner shall file an annual report of the industrial operations with the Governor and a balance sheet and statement of operations with the Comptroller at such times as he requests. The commissioner shall determine at the end of each fiscal year the amount of cash working capital necessary to be retained in the industrial fund and the excess of the amount so determined shall be transferred to the General Fund.
(i) The Commissioner of Correction may establish retail hobby stores for the purpose of the sale to the public, but not for resale, of articles made by inmates of any of the institutions of the department. The proceeds of such sales, less a charge to defray the cost of the sales as determined by the commissioner, shall be deposited in the inmate's institutional account. Such hobby products shall be subject to approval by the Commissioner of Correction.
(j) Any person who sells or offers for sale on the open market, to any person other than as specified in this section, any articles, materials or products manufactured or produced by institution inmates, shall be fined not less than one hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or be both fined and imprisoned.
(k) The Commissioner of Correction may establish, within the industrial fund, commissaries to be operated for the purpose of sale to inmates of items authorized by the commissioner. The cost of the commissary operation shall be charged to the fund and the proceeds of such sales shall be deposited in the fund. The commissioner is authorized to transfer a portion of the profits from the operation of the commissaries to the Correctional General Welfare Fund established under section 4-57a.
(1949 Rev., S. 3017; 1957, P.A. 657, S. 1—11, 14; 1961, P.A. 45, S. 1; 1963, P.A. 28, S. 3; 1967, P.A. 152, S. 33; 1969; P.A. 470; P.A. 77-614, S. 274, 610; P.A. 78-293, S. 1, 2, 6; P.A. 79-151; P.A. 84-236, S. 2; P.A. 88-1, S. 5, 13; 88- 116, S. 10; P.A. 90-74; P.A. 91-406, S. 6, 29; P.A. 98-263, S. 16, 21; P.A. 01-106, S. 1, 6.)
History: 1961 act deleted provision in Subsec. (a) that members be appointed in odd-numbered years for two-year terms and provided for staggered terms of five years each; 1963 act deleted stipulation in Subsec. (b) that industrial fund be used for State Prison and State Prison farm and substituted Osborn Division for State Prison farm in same subsection; 1967 act substituted "The Correction" for "State Prison" in name of Commission (Subsec. (a)), "institution" for "prison," "State Prison" and "Osborn division" (Subsecs. (b), (d), (f), (g) and (h)), "commissioner of correction" for "directors" (Subsecs. (a), (d), (g) and (i), "commissioner" for "warden of the State Prison" (Subsec. (f)), and "institution inmates" for "prisoners" to conform with new terminology of title 18, further deleted obsolete provision re staggered terms of appointment and substituted provision authorizing governor to appoint member annually for five-year term to replace member whose term expires (Subsec. (a)), added provisions for use of industrial fund for "institutions of the department" (Subsec. (b)), deleted provisions for incentive wages for meritorious service and the grading of inmates according to skill and work habits (Subsec. (d)) and provision that section "shall not apply to State Prison for Women" (Subsec. (d)(1)); Sec. 18-14 transferred to Sec. 18-88 in 1968; 1969 act inserted new Subsec. (j) re retail hobby stores and redesignated former Subsec. (j) as Subsec. (k); P.A. 77-614 deleted Subsec. (a) which had described organization of Correction Industries Advisory Commission, redesignating remaining Subsecs. accordingly, transferred duties of commission to commissioner of correction and replaced commissioner of finance and control with secretary of the office of policy and management, effective January 1, 1979; P.A. 78-293 added provisions re production of eyeglasses in optical shop in Subsecs. (b) and (c); P.A. 79-151 authorized federal government and private nonprofit entities to purchase products in Subsec. (f) and required state agencies to purchase products and services from institution industries as specified in Subsec. (g); P.A. 84-236 amended Subsec. (a) to allow use of funds for agricultural activities; P.A. 88-1 amended Subsec. (h) to eliminate involvement of secretary of the office of policy and management in determination of amount of cash working capital to be retained in fund; P.A. 88-116 substituted "commissioner of administrative services" for "director of purchasing" in Subsec. (f); P.A. 90-74 amended Subsec. (f) by permitting any person to purchase products and by-products of farming operations in accordance with Sec. 53-329; P.A. 91-406 corrected an internal reference in Subsec. (c), substituting Sec. 4-165b for Sec. 18-95; P.A. 98-263 added Subsec. (k) re establishment and operation of commissaries, effective July 1, 1998; P.A. 01-106 amended Subsec. (g) to eliminate provision prohibiting Comptroller's approval of certain purchases that are not from institution industries, effective July 1, 2001.
See Sec. 53-329 re deposit of proceeds from sale of prison labor products in industrial fund.
Former statute cited. 130 C. 111.
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Sec. 18-88a. Correction Industries Revolving Fund, charge for fringe benefits prohibited. The Comptroller shall not charge the Correction Industries Revolving Fund for the cost of fringe benefits for employees of said fund paid by the Comptroller.
(P.A. 86-312, S. 18, 21.)
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No contract or agreement shall be made for the labor or services of inmates of any correctional or other state institution in the manufacture of goods or any portion of such manufacture, or for the product of such labor or services, except after public notice, by advertising in at least three daily papers having a circulation in different sections of the state, calling for sealed proposals or bids for such labor, or the product thereof, and such proposal or bid, received in accordance with such notice, as is by its terms most advantageous to the state shall be accepted by the authorities in charge of the disposal of such labor, or the product thereof, and such contract or agreement shall be made in accordance with the terms of such notice and such proposal or bid. No such contract or agreement shall be made for any period exceeding four years. The provisions of this section shall not apply to section 18-88.
(1949 Rev., S. 3004; 1957, P.A. 657, S. 12; 1961, P.A. 517, S. 56; 1967, P.A. 152, S. 31.)
History: 1961 act deleted obsolete references to county institutions; 1967 act substituted "correctional" for "penal"; Sec. 18-9 transferred to Sec. 18-89 in 1968.
See Sec. 18-7 re powers and duties of warden.
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Section 18-90 is repealed.
(1949 Rev., S. 3005; P.A. 77-614, S. 323, 610; P.A. 80-14.)
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The Commissioner of Correction may permit any inmate of a correctional facility under his jurisdiction to be employed by any department or agency of the state, any political subdivision of the state or federal government or any private, nonprofit entity which desires to make use of the services of such inmates, provided participation by such inmates shall be voluntary. The employment of any inmate pursuant to this section shall not result in the displacement of employed workers, and shall not impair existing contracts for services. Any inmate employed under this section shall receive the same compensation he would receive if he worked within the correctional institution to which he is confined.
(P.A. 73-277; P.A. 86-421, S. 1.)
History: P.A. 86-421 authorized employment of an inmate by any political subdivision of the state or federal government or any private, nonprofit entity and provided that the employment of an inmate shall not result in the displacement of employed workers or impair existing contracts for services.
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(a) The Commissioner of Correction is authorized to establish a pilot program involving the use of inmate labor in private industry.
(b) The commissioner may enter into such contracts as may be necessary to fully implement the pilot program. Such contractual agreements may include rental or lease agreements for state buildings or portions thereof on the grounds of any institution or facility of the Department of Correction and for any real property needed for reasonable access to and egress from any such building for the purpose of establishing and operating a factory for the manufacturing and processing of goods, wares or merchandise or the provision of service or any other business or commercial enterprise deemed by the commissioner to enhance the general welfare of the inmate population.
(c) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.
(d) No inmate participating in the program shall be paid less than the prevailing wage for work of similar nature in private industry.
(e) Inmate participation in the program shall not result in the displacement of employed workers and shall not impair existing contracts for services.
(f) Nothing contained in this section shall be deemed to restore in whole or in part the civil rights of any inmate. No inmate compensated for participation in the program shall be considered an employee of the state.
(g) The provisions of subsection (j) of section 18-88 shall not apply to any articles, materials or products manufactured or produced by institutional inmates pursuant to this section.
(P.A. 86-349; P.A. 88-300, S. 2.)
History: P.A. 88-300 amended Subsec. (f) by deleting "or any person, firm or corporation, and no such compensation shall be considered wages for purposes of chapter 567".
Cited. 225 C. 528, 532.
Subsec. (d):
Cited. 225 C. 528, 533.
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Sec. 18-90c. Investigation of certain inmates re child support orders and arrearages. When any person is committed to the custody of the Commissioner of Correction as a result of a criminal conviction and such person receives compensation under the pilot program established pursuant to section 18-90b, the commissioner shall investigate whether (1) the Superior Court or a family support magistrate has issued an order of support of a minor child or children against such person and (2) such person is delinquent on such support payments.
(P.A. 88-300, S. 4.)
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Sec. 18-91. (Formerly Sec. 18-16). Use of correctional institutions by United States. Removal of inmates to federal institutions. (a) Any institution of the department may be used, for confining any person held under the authority of any United States statute including persons detained as aliens. The Commissioner of Correction may contract with the United States for the use of such institution, for confining any person held under such authority; but the expense of supporting and confining such person shall be paid by the United States. The commissioner may enter into and execute a contract or contracts with the United States for the removal of any inmate from any institution of the department to a federal correctional institution or medical center when, in his opinion, the inmate needs particular treatment or special facilities available at such correctional institution or medical center, or it is in the best interest of the state. When required as part of the contract the Commissioner of Correction or any person authorized by him may personally deliver such inmate to the particular federal authorities involved, and the state may, in the manner provided in section 4-165b, compensate such prisoner for personal injury or damages sustained by him while being removed to a federal institution for which no other compensation is available, unless such injury or damage was sustained in an attempt at escape or as the result of other misconduct of the prisoner.
(b) The authority of the Commissioner of Correction to contract with the United States pursuant to this section includes but is not limited to the authority to agree to indemnify and hold harmless the United States against any loss or damage to persons or property incurred because of the confinement of any prisoner so transferred.
(1949 Rev., S. 3010; 1957, P.A. 179, S. 1; 1967, P.A. 152, S. 34; 1971, P.A. 189; P.A. 73-251; P.A. 90-230, S. 27, 101.)
History: 1967 act substituted "any institution of the department" for "prison" and "State Prison," and "commissioner of correction" for "warden and directors of the prison", deleted references to federal "penitentiary" and substituted federal "correctional institution or medical center"; Sec. 18-16 transferred to Sec. 18-91 in 1968; 1971 act rephrased provision re confinement of persons under U.S. statutes and included confinement of aliens, deleted provision under which prisoners of war could be confined in state facilities, allowed transfer from state to federal facility when "in the best interest of the state" and added provisions re personal delivery to federal authorities and compensation for damages; P.A. 73-251 added Subsec. (b) re hold harmless clause in contracts between state and federal authorities; P.A. 90-230 corrected an internal reference.
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(a) If a treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Commissioner of Correction may, on behalf of the state and subject to the terms of the treaty, consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of the state in the treaty. No offender shall be transferred or exchanged under this section unless he consents to such transfer or exchange.
(b) In the event that a foreign national, incarcerated pursuant to the laws of the state, is barred from transferring pursuant to such a treaty due to the indeterminate nature of his sentence, the Board of Pardons may, after full review of the foreign national's record, set a determined date. This date shall be considered only for purposes of facilitating international transfer of the foreign national and shall not be considered viable or actionable for any other purpose nor shall such date create any expectation or guarantee of release.
(c) The Commissioner of Correction may designate a person to administer the program for the international transfer of prisoners pursuant to this section.
(P.A. 93-85, S. 1, 2.)
History: P.A. 93-85 effective June 2, 1993.
See Sec. 18-26a re deportation of alien inmates.
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When the term of any inmate of any institution of the Department of Correction expires on a Saturday, a Sunday or a legal holiday, he shall be discharged on the last business day preceding.
(1967, P.A. 152, S. 38.)
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Sec. 18-93. Rules re clothing, transportation, grants and loans to discharged persons. The Commissioner of Correction may make rules for the furnishing of clothing, transportation, grants or loans to persons discharged from his custody.
(1967, P.A. 152, S. 47.)
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When the medical officer of, or any physician employed in, any correctional or charitable institution reports in writing to the warden, superintendent or other officer in charge of such institution that any inmate thereof committed thereto by any court or supported therein in whole or in part at public expense is afflicted with any venereal disease so that his discharge from such institution would be dangerous to the public health, such inmate shall, with the approval of such warden, superintendent or other officer in charge, be detained in such institution until such medical officer or physician reports in writing to the warden, superintendent or officer in charge of such institution that such inmate may be discharged therefrom without danger to the public health. During detention the person so detained shall be supported in the same manner as before such detention.
(1949 Rev., S. 2850; P.A. 87-282, S. 15.)
History: Sec. 17-16 transferred to Sec. 18-94 in 1968; P.A. 87-282 added reference to the "warden" of an institution.
See Sec. 19a-103 re control of communicable diseases in institutions.
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Sec. 18-95. (Formerly Sec. 17-18). Compensation for injuries of inmates of state correctional and reformatory institutions. Section 18-95 is repealed.
(1949 Rev., S. 2853; 1961, P.A. 580, S. 1; 1971, P.A. 110; P.A. 76-136, S. 3, 4.)
See Sec. 4-165b re claims against the state by inmates of correctional and reformatory institutions.
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Sec. 18-96. (Formerly Sec. 18-22). Proceedings on discharge of mentally ill prisoners. Any mentally ill male prisoner, transferred from the Connecticut Correctional Institution, Somers, any community correctional center or the John R. Manson Youth Institution, Cheshire, to a state mental hospital, who has completed his maximum sentence and is ready for discharge from such hospital shall be referred to the Connecticut Prison Association for return to the place of his legal residence or to whatever place his reinstatement in society may best be accomplished if it cannot be definitely or satisfactorily ascertained where he has a legal residence. A notice of the expiration of such sentence shall be sent to the Prison Association by the warden of the Connecticut Correctional Institution, Somers, Community Correctional Center Administrator or the warden of the John R. Manson Youth Institution, Cheshire, one month prior to the date of such expiration. The superintendent of the mental hospital shall likewise notify the Prison Association one month prior to the date of discharge from such hospital.
(1949 Rev., S. 3016; 1961, P.A. 580, S. 10; 1969, P.A. 297; P.A. 86-186, S. 16; P.A. 87-282, S. 16.)
History: 1961 act provided for notice being sent by jail administrator and for transfer of mentally ill prisoner from any jail; Sec. 18-22 transferred to Sec. 18-96 in 1968; 1969 act replaced jails with community correctional centers; P.A. 86- 186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; P.A. 87-282 substituted "warden" for "superintendent" of the John R. Manson Youth Institution, Cheshire.
See Sec. 17a-520 re commitment at expiration of prison term.
See Secs. 18-81c and 54-131 re the Connecticut Prison Association.
See Sec. 18-87 re transfers to other state institutions and to Children and Families Commissioner.
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Sec. 18-97. Confinement under a mittimus: Presentence confinement credit prior to July 1, 1981. Any person receiving a f