CURRENT PROJECTS
Various projects and research initiatives exploring the intersection of criminal justice and mental illness
Background
In 2019, Senator Catherine Osten requested the Commission study mental illness in Connecticut’s incarcerated population. In response, the Commission formed a Mental Health Subcommittee and published two initial reports using the Department of Correction’s mental health treatment classification system data. In January 2023, the Subcommittee reviewed and approved for publication the second report, Mental Health Disorders in Connecticut’s Incarcerated Population. This report expanded on the prior study, Memorandum on Mental Health Care Need Classifications in Connecticut’s Incarcerated Population, by also including specific mental health diagnostic data.
Project Updates
- In early 2023, the Commission partnered with researchers at the SEICHE Center for Health and Justice at the Yale School of Medicine, the UConn School of Social Work, and the Department of Mental Health and Addiction Services (DMHAS), to evaluate how justice-involved individuals engage and access mental health and substance use treatment in the community after release or while they are on community supervision. The study will also examine this population’s interactions with criminal justice entities during this period. The findings from this analysis, projected to be published in 2025, will provide insights for policymakers on how to improve access to mental health and substance use treatment, with a goal of improving both public safety and mental health outcomes.
- In May 2023, the Commission sent a delegation representing the Offices of the Chief State’s Attorney and Chief Public Defender, Judicial Branch, Court Support Services Division, Forensic Services Division of DMHAS, and the Commission’s Mental Health Subcommittee to a two-day workshop hosted by the National Center for State Courts, entitled Improving the Court and Community Response – Decriminalizing Mental Illness: The Miami Model.
- Commission staff and interns have been working with key partners and stakeholders to produce a comprehensive analysis of the Competency to Stand Trial (CST) process in Connecticut. Based on this research and collaboration, the Commission developed a legislative proposal for the 2024 session. For misdemeanor offenders, the recommendation required judges to consider diversion before ordering a competency evaluation and to prioritize outpatient treatment for competency restoration. For all offenders, judges would be required to consider several factors before ordering inpatient restoration. Although the mandate to consider diversion was removed, the remaining provisions were enacted as Section 6 of Public Act 24-137.
2020 Memorandum on Mental Health Care Need Classifications in Connecticut’s Incarcerated Population
2023 Mental Health Disorders in Connecticut’s Incarcerated Population
Corrective and rehabilitative programs that nonserious offenders may complete in lieu of prosecution
Background
Pretrial diversionary programs are voluntary options available to defendants, primarily those charged with nonviolent offenses, as an alternative to criminal case processing. In Connecticut, these programs are available for a wide variety of offenses. Upon successful completion of these programs, defendants’ criminal charges are dismissed, and their arrest records related to the charges are erased.
In 2015, Governor Malloy requested the Commission study the state’s current diversionary program offerings and consider recommended reforms. In 2020, the Commission published a comprehensive report analyzing a subset of these programs and their utilization.
Project Updates
- In 2023, the Commission facilitated discussions with stakeholders to create a diversionary program for people charged with and convicted of animal cruelty.
- Informed by the work of the CJPAC Behavioral Health Committee and insights from a site visit to Miami-Dade County, Florida, the Mental Health Subcommittee has been discussing current challenges and efforts related to mental health diversionary programs in the state. Commission staff and external partners are collaborating on an online resource, set for release in 2025, to provide holistic guidance materials on behavioral health diversionary program offerings in Connecticut.
- The Commission is seeking to broaden eligibility criteria for the Supervised Diversionary Program, which serves individuals who face nonserious charges and either have psychiatric disabilities or are a veteran. In the 2024 and 2025 legislative sessions, the Commission submitted a recommendation to include individuals with intellectual disabilities and autism spectrum disorders among those eligible for the program. House Bill 7259, which includes the proposal in section 10, is currently pending in the General Assembly.
2020 Report to the Governor and the General Assembly on Pretrial Diversionary Programs
For over a decade, the Commission has been researching and proposing changes to the pretrial system in Connecticut, which determines the conditions of release from custody for a defendant before their trial
Background
In 2015, Governor Dannel Malloy asked the Commission to study Connecticut’s pretrial justice system and propose reforms. This initial request prompted a comprehensive report of the pretrial justice systems in Connecticut and other jurisdictions. Recommendations in the report served as the basis for Public Act 17-145. The Act introduced several changes to the pretrial detention system, such as prohibiting courts from requiring a cash-only bond for certain crimes, restricting the circumstances under which courts can impose financial conditions of release for misdemeanor offenders, and reducing the time within which misdemeanor offenders who cannot post bail must receive a bail review hearing.
Additional progress was made in 2019 when the Judicial Rules Committee of the Superior Court approved a Commission proposal that automatically granted defendants the ability to secure release through a ten percent cash deposit for bail bonds of $20,000 or less. In addition, the proposal for the first time introduced ten percent cash bonds at the level of arrest at the police department. Put plainly, the option allowed defendants to recover their money upon successful attendance in court, rather than permanently losing part of their deposit to a bail bondsman. The new rule went into effect on January 1, 2020.
Project Updates
- Positive initial outcomes from the ten percent cash bail policy prompted the Commission to recommend additional changes to the Practice Book. In 2023, the Superior Court judges reviewed and endorsed a proposal from the Sentencing Commission to decrease the cash bail option from ten percent to seven percent and increase the bond threshold that authorizes an automatic seven percent cash option from $20,000 to $50,000. The changes took effect on January 1, 2024.
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- Utilization of the ten and seven percent cash bail options has increased significantly since 2019 without adversely affecting public safety. In fact, nonappearance and rearrest rates are lower for defendants released under these mechanisms than under traditional mechanisms like unsecured bonds or professional sureties.
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- Since 2019, these policies have saved defendants over $11 million, returning the funds to vulnerable communities.
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- In 2022, the Commission received a letter from President Pro Tempore of the State Senate Martin Looney, requesting that the Commission develop a proposal to reduce the pretrial detained population and eliminate money bail as a detention mechanism. In response, the Commission developed a comprehensive report evaluating pretrial reforms in other jurisdictions and exploring alternative policy frameworks for Connecticut.
- Representative Steven Stafstrom, House Chair of the Judiciary Committee, has urged the Commission to continue its work on pretrial justice reform. At the Commission’s September 2023 meeting, he highlighted a dual issue: the state’s inability to detain potentially dangerous defendants who can afford bail while low-level defendants remain jailed due to financial constraints. He stressed the need to repeal the current state constitutional provision prohibiting preventative detention and advocated for shifting from a money-based to a risk-based pretrial system.
- Commission members, staff, and affiliates traveled to New Jersey in December 2023 and Washington, D.C. in September 2024 to learn from pretrial policies in other jurisdictions. The knowledge and connections gained from these trips will be valuable as the Commission seeks to implement similar changes in Connecticut.
- Commission staff and interns are currently updating the 2022 bail report and analyzing a comprehensive dataset of bail outcomes and decisions in Connecticut. This project will inform the development of a statutory structure for an intentional pretrial release and detention system.
- At the Commission’s August 2024 Criminal Procedure and Sentencing Subcommittee meeting, Robert Devlin. Jr., Connecticut’s Inspector General, proposed a statutory change that would allow bail commissioners to revisit the conditions of release set by a judge for low-level, nonviolent defendants. The proposal was prompted by a case he encountered in the course of his work. While the Commission initially considered pursuing this change through legislation, the Judicial Branch opted to implement the reform administratively. In March 2025, a new option was added to the bench warrant form allowing judges to authorize bail commissioners to review bonds set at $10,000 or less.
Urban Institute’s Report on Connecticut’s Pretrial Tool Assessment
2017 Report to the Governor and General Assembly on Pretrial Release and Detention
Sentencing Commission Letter on Automatic Ten Percent Bail Option
Letter from Senator Martin Looney
Seven Percent Cash Bail Proposal
As mandated by the General Assembly, the Commission is examining the experience of people with intellectual and developmental disabilities involved in the justice system
Background
Public Act 23-137 § 15 requires the Commission to study the experience of people with intellectual or other developmental disabilities (IDD), including but not limited to autism spectrum disorders (ASD), who are involved in the criminal justice system. The study must include (1) incarceration rates of people with IDD and ASD compared to their respective populations in the state, (2) the advisability and cost of pre-sentencing behavioral assessments for these people, and (3) best practices identified by other states.
Under the legislation, the Commission must report the study results, including recommendations for related sentencing considerations, to the Human Services, Judiciary, and Public Health Committees by December 31, 2025.
Project Updates
- Beginning in 2024, the Commission’s Mental Health Subcommittee hosted presentations by Disability Rights Connecticut and the Yale Mental Health Justice Clinic on topics related to the study.
- The Commission has engaged Disability Rights Connecticut as a primary research partner through 2025.
In accordance with its statutory mandate to “evaluate existing sentencing statutes, policies and practices,” the Commission studies and recommends changes to sentencing laws in Connecticut
Background
Since its establishment in 2013, the Sentencing Commission has researched and proposed several reforms to Connecticut’s criminal sentencing statutes, including adjustments to drug-free school zones, expanded judicial discretion for sentence modification, and the extension of parole eligibility to individuals convicted of crimes as juveniles.
In 2022, the Commission continued this work by creating the Criminal Procedure and Sentencing Subcommittee.
Project Updates
- Writing on behalf of the General Assembly’s Trafficking in Persons Council, Representative Jillian Gilchrist authored a letter to the Commission in 2022, asking the group to “review the similarities and differences between federal and state law as it pertains to the definition of human trafficking and determine the feasibility of Connecticut’s definition aligning with federal law.” In 2023, the Subcommittee started this research process by tracking differences between the state and federal statutes and surveying trafficking statutes in other states to reveal gaps in Connecticut law. In 2025, the Commission aims to respond to Representative Gilchrist with a report.
- In 2023, the Subcommittee submitted a proposal allowing judges to depart from the minimum mandatory sentence for certain motor vehicle crimes if there is a justifiable cause. The General Assembly enacted this proposal in sections 5 & 6 of Public Act 23-47.
- In 2023, the Connecticut Hate Crimes Advisory Council asked the Commission to review the criminal statutes on hate crimes for constitutionality, coherence, consistency, and comprehensiveness. The Subcommittee has led the research efforts, investigating statutes that govern hate crime law in Connecticut, reviewing case law pertaining to the statutes, and identifying possible policy areas to address. Once a formal report is approved, its findings will be shared with the Council.
Examining the lasting impacts of incarceration and exploring policy solutions to reduce barriers affected individuals face when reentering the community
Background
In 2017, the Commission formed the Subcommittee on Incarceration and the Collateral Consequences of Criminal Conviction. This Subcommittee addresses issues people face as a result of being incarcerated or having a criminal record. Given the wide range of issues that fall within this category, the Subcommittee has considered and discussed numerous proposals in recent years, including different types of “clean slate” or automatic erasure systems, the financial costs associated with incarceration, and the barriers that formerly incarcerated people face when attempting to attain professional or occupational licenses.
Project Updates
- The Subcommittee is conducting a study to assess the impacts of Public Act 15-84, which is slated for completion in 2025. Researchers are using quantitative and qualitative techniques to examine the experiences and outcomes of those affected by the law, which expanded parole eligibility for individuals who were sentenced to a lengthy term of incarceration before turning 18.
- In 2023, the Subcommittee developed a proposal to extend parole eligibility under Public Act 15-84 to individuals who were convicted of crimes and sentenced to lengthy terms of incarceration when they were under the age of 21. The proposal was submitted to the Judiciary Committee in the 2023 legislative session. While the Commission recommended extending parole eligibility to all individuals convicted before the age of 21, the General Assembly, through Public Act 23-169, restricted eligibility to those sentenced on or before October 1, 2005.
- In collaboration with the Board of Pardons and Paroles, the Subcommittee has proposed various changes to medical and compassionate parole in Connecticut. The recommendation aims to merge medical and compassionate parole into one statute and establish new release standards for both terminal and non-terminal inmates. This proposal was submitted to the General Assembly in 2024 but was not raised by the Judiciary Committee.
The Commission is making progress towards the creation of a database to analyze trends in sentencing and assess the impact of policy changes
Background
CGS § 54-300 outlines several mandates for the Sentencing Commission. First on the list is the creation and maintenance of a database to track sentencing trends in Connecticut. Under the statute, “the commission shall… facilitate the development and maintenance of a state-wide sentencing database in collaboration with state and local agencies, using existing state databases or resources where appropriate.” Creating such a database would increase the capacity for Commission members and other state leaders to study and shape sentencing policies.
Project Updates
- The Commission is reviving the sentencing database as a priority. Commission staff are partnering with Vaughn Crichlow, Director of Research at the Institute for Municipal and Regional Policy, and Sachin Pandya, a professor at the UConn School of Law, to lead a preliminary research study.
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- The research features semi-structured interviews with key stakeholders in Connecticut and in states with an established sentencing database to better understand the obstacles to creating such a database.
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- Among the areas of interest for Crichlow and Pandya are procuring long-term data-sharing agreements, building and maintaining an adequate user interface, determining database access, and formulating procedures to regularly update data.
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- The project findings will be reported to the Commission in 2025.
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Responding to an inquiry by Reps. Allie-Brennan and Stafstrom, the Commission is studying current sentencing practices in cases of domestic violence homicide
Background
In 2024, Representatives Raghib Allie-Brennan and Steven Stafstrom sent a letter to the Commission, asking the group to create a subcommittee to study sentencing and outcomes for domestic and family violence murder. At its May 2024 meeting, Rep. Allie-Brennan visited the Commission to explain the request in further detail.
Project Updates
- Dr. Lydia Wileden, Assistant Research Professor at the Institute for Municipal and Regional Policy, is leading the Commission’s research effort. Her team is analyzing sentencing trends in domestic violence murder cases, reviewing domestic violence statutes in Connecticut and other jurisdictions, and preparing to request additional data from the Judicial Branch.
A study on disparities in pretrial and sentencing outcomes in Connecticut
Background
Special Act 19-17 tasked the Commission with studying potential disparities in pretrial and sentencing outcomes related to the race, ethnicity, gender, and socioeconomic status of criminal defendants in Connecticut. The Commission has partnered with Connecticut’s Information Sharing System, the statewide criminal justice information technology system, and faculty from UConn to develop a study that will quantify these disparities. The Commission produced an interim report on this study in January 2020.
Project Updates
- The Commission will be issuing a final report of its findings in 2025.
PAST PROJECTS
Policies to deter and punish the mistreatment of animals
In 2022, the Sentencing Commission formed a working group that focused on crimes involving animal cruelty. Animals are a particularly vulnerable population, and animal abuse is often an early indicator of future abuse towards humans. The working group explored issues surrounding animal cruelty statutes, mandatory cruelty reporting requirements, animal possession bans, and the diversionary program for people charged with animal cruelty offenses.
In 2023, the working group developed two proposals that received the Commission’s endorsement. The proposals were subsequently submitted to the Judiciary Committee for legislative approval.
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- The first proposal aimed to criminalize sexual contact with an animal, closing a loophole that previously exempted such conduct from prosecution. The loophole was discovered in a superior court case, where charges against a Torrington man were dropped because the statutory definition of sexual contact only included contact with a human. The core objectives of this proposal were achieved with the passage of Public Act 23-149, which established “sexual assault of an animal” as a distinct offense in section 1.
- The second proposal would expand the court’s authority to appoint an advocate in criminal proceedings related to the welfare or custody of any animal, rather than just dogs and cats as is currently permitted by CGS § 54-86n. The proposal was raised by the Judiciary Committee as Senate Bill 1060 but did not proceed to a vote.
In 2024, the Commission helped to organize a training for mental health providers contracted by the Judicial Branch Court Support Services Division on animal cruelty issues and best practices for assessment, early intervention, and treatment.
Ensuring that every citizen – even justice-involved individuals – is able to exercise the right to vote
For several years, the Commission has supported the restoration of the right to vote for individuals on parole for a felony conviction. In 2019, the Sentencing Commission’s Subcommittee on Incarceration and the Collateral Consequences of Criminal Conviction formed a working group to explore issues encountered by eligible individuals when voting from Connecticut’s correctional facilities. To better understand these issues, the working group conducted voter registration and absentee ballot application drives at York Correctional Institution for incarcerated misdemeanants and pretrial detainees. Based on their experiences, the group cataloged the issues faced by incarcerated voters, including obstacles to applying for and obtaining absentee ballots.
In 2020, the working group continued discussing potential policy solutions and ultimately developed a proposal that expands voting rights to all incarcerated individuals except for those sentenced to life without the possibility of release and eliminates many of the obstacles faced when voting in custody. The proposal would enable incarcerated individuals to vote by granting them the “Permanent Absentee Ballot” status currently available to disabled voters. These proposals were submitted to the Government Administration and Elections Committee in the 2021 and 2022 legislative sessions, but the bills were not raised.
In the 2023 session, felony disenfranchisement was considered and raised for a public hearing. Executive Director Alex Tsarkov and Vice Chair John Santa submitted written testimony supporting the bill, encouraging legislators to use language from the Commission in its drafting. Lawmakers ultimately did not vote to draft the bill in statutory language.
2020 Improving Access to Voting in Connecticut Jails and Prisons Report
An initiative to remove obstacles to employment after criminal conviction
In 2014, the General Assembly passed Public Act 14-27, which authorizes the Board of Pardons and Paroles and the Judicial Branch Court Support Services Division, which administers adult probation, to award certificates of employability to eligible offenders. The statute recognized that criminal convictions may affect a person’s ability to obtain employment or the professional licenses required in certain occupations. Failure to overcome these barriers, along with financial instability, has been linked to higher recidivism. The certificates were intended to provide relief from these barriers.
Pursuant to the Act, the Commission was responsible for evaluating the effectiveness of the certificates in reducing the barriers to employment. The longitudinal evaluation process began on October 1, 2015 — one year after the new law took effect on October 1, 2014 — and ended on January 15, 2018. The program was largely unsuccessful in reducing employment barriers, primarily due to low utilization rates and the failure to address other obstacles that restrict employment opportunities for returning citizens.
Connecticut Certificates of Employability Final Program Evaluation Report
Certificates of Employability Study Presentation
Efforts to alleviate the financial burden for individuals who owe money due to their incarceration
In 2022, the Commission submitted a proposal to repeal all statutory provisions concerning the cost of incarceration. The General Assembly passed a modified version of this proposal in sections 457 and 458 of Public Act 22-118. According to the amended statutes, up to $50,000 of assets belonging to a formerly incarcerated individual are protected against claims from the state, with the exception of individuals convicted of capital murder, murder with special circumstances, felony murder, sexual assault in the first degree, aggravated sexual assault in the first degree, aggravated sexual assault of a minor, or sexual assault in the second degree.
The law also places restrictions on the state’s ability to impose cost-of-incarceration liens on lawsuit proceeds. Under the changes, the state may only impose such liens on the lawsuit proceeds of those formerly incarcerated individuals convicted of the offenses listed above. The reforms did not limit the state’s ability to impose liens on inheritances received by formerly incarcerated individuals.
A creative technical change that protected immigrants through a one-day reduction in the maximum misdemeanor sentence
In 2021, the Commission successfully advocated for a legislative proposal that reduced the maximum sentence for class A misdemeanors by a single day, from 365 days to 364 days. This slight change shields non-citizen residents from unduly harsh immigration consequences that may be triggered under federal law by a one-year prison sentence. California, Nevada, Oregon, New York, and Washington have also enacted similar changes to their misdemeanor statutes to protect families and preserve the integrity of plea bargaining in state court. The changes were implemented in section 35 of Public Act 21-32.
A past Commission project to reimagine the Sex Offender Registry in Connecticut by shifting from an offense-based to a risk-based system
During the 2015 legislative session, the Connecticut General Assembly passed Special Act 15-2, which required the Commission to take a comprehensive look at the registration, management, and sentencing of sexual offenders in Connecticut.
After two years of study and research, including hosting a symposium on sex offender registration and management in 2018, the Commission published a comprehensive report and formulated several corresponding legislative proposals. The recommendations sought to (1) reform Connecticut’s Sexual Offender Registry by transitioning the Registry from an offense-based to a risk-based system and creating a removal mechanism, and (2) update the sentencing structure for child pornography offenses. In the 2018 session, the proposal to overhaul the Sex Offender Registry was introduced as House Bill 5578, which did not advance out of committee. The following year, the Registry recommendation was incorporated into Senate Bill 1113 §§ 1-20, which was approved by the Judiciary and Appropriations Committees, but not voted on by the State Senate. A similar proposal was submitted but not raised by lawmakers in the 2020 session.
In the 2022 session, the Commission proposed a narrower version of its original recommendations, focusing on registry removal provisions. The updated proposal maintains offense-based registration requirements and establishes a removal mechanism for ten-year registrants, excluding life registrants from eligibility. Further, the proposal grants judges discretion in determining whether to place an individual on a law enforcement-only registry or the public registry at the time of conviction. Again, the proposal was not passed by the General Assembly.
2016 Interim Report: Special Committee on Sex Offenders
A Study of the Sex Offender Sentencing, Registration, and Management System
Child Pornography Sentencing Proposal
Child Pornography Sentencing Proposal Summary
Sex Offender Registry Proposal
A prior study to determine whether sentencing outcomes in Connecticut align with hypothetical outcomes from an evidence-based sentencing system
At its September 2015 meeting, the Sentencing Commission authorized its Research, Measurement, and Evaluation Committee to distribute a call for proposals regarding a possible study of evidence-based sentencing. Evidence-based sentencing evaluates the results of validated risk and needs assessment measures, in addition to the severity of the offense, to determine the likelihood of re-offending and the need for specialized services or an updated sentence. This study sought to determine: (1) whether sentencing practices in Connecticut have resulted in sentences that are relatively consistent with sentences that would have resulted from risk and needs assessment-based sentences; (2) who might be sentenced for longer or shorter periods than the assessments would suggest; and (3) the recidivism patterns for people whose sentences are consistent with risk and needs assessments, compared to those whose sentences deviate from risk and needs assessments.
In 2018, the Commission approved a proposal from the University of Maryland to perform an assessment of sentencing practices in Connecticut. The authors completed this study and presented their findings on risk- and needs-based assessment tools and sentencing to the Commission in September 2019. They found that offenders with higher risk scores were more likely to be incarcerated in Connecticut, which suggests that Connecticut’s sentencing practices are already relatively risk- and needs-based. The researchers did find, however, that the link between sentence length and risk score was relatively weak.
Evaluation of the Impact of Risk and Needs-Based Sentencing in Connecticut