 |
Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
 |
Title54 Criminal Procedure |
|
|
SubTitle54-124a-10_54-124a-18. Agency Organization, Practice and Procedure |
| Sec. 54-124a-10. Petition for declaratory ruling |
|
Latest version.
|
|
(a) General rule. Any person may petition the Board of Pardons and Paroles, or the Board of Pardons and Paroles may initiate a proceeding, for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the Connecticut General Statutes, regulation, or final decision, on a matter within the Board of Pardons and Paroles’ jurisdiction. (b) Form of petition for declaratory ruling. Petitions for a declaratory ruling shall be addressed to the Board of Pardons and Paroles and sent by certified mail to its principle office. The petition shall: (1) be in writing, signed, and dated by the petitioner; (2) include the name and address of the petitioner and the name and address of the petitioner’s attorney, if applicable; (3) identify the particular statute, regulation, or final decision for which a ruling is sought; (4) state clearly and concisely the question or questions for which a ruling is sought; (5) state the position of the petitioner, including a statement of appropriate factual background relative to each question for which a ruling is sought; and (6) include any supporting data, facts, and arguments in support of the position of the petitioner with such legal citation as may be appropriate. (c) Procedure after petition for declaratory ruling filed. (1) Notice to persons. The Board of Pardons and Paroles may give notice to any person that a petition for a declaratory ruling has been received and may receive and consider facts, arguments, and opinions from persons other than the petitioner. In all cases, not more than thirty (30) days after receipt of a petition for a declaratory ruling, the Board of Pardons and Paroles shall give notice of the petition to all persons to whom notice is required by any provision of law and to all persons who have requested notice of declaratory ruling petitions on the subject matter of the petition. (2) Parties and intervenors. If the Board of Pardons and Paroles finds that a timely petition to become a party or to intervene has been filed, the Board of Pardons and Paroles may: (A) grant a person status as a party if the Board of Pardons and Paroles finds that the petition states facts demonstrating that the petitioner’s legal rights, duties or privileges shall be specifically affected by the agency proceeding; and (B) grant a person status as an intervenor if the Board of Pardons and Paroles finds that the petition states facts demonstrating that the petitioner’s participation is in the interests of justice and will not impair the orderly conduct of the proceedings. The Board of Pardons and Paroles may define an intervernor’s participation in the manner set forth in subsection (d) of section 4-177a of the Connecticut General Statutes. (3) Decision on petition, ruling granted. If the Board of Pardons and Paroles decides to issue a declaratory ruling, not more than sixty (60) days after receipt of the petition for the declaratory ruling, the Board of Pardons and Paroles shall: (A) issue the ruling; or (B) agree to issue the ruling by a specified date. (4) Provision for hearing. If the Board of Pardons and Paroles deems a hearing necessary or helpful in determining any issue concerning a petition for a declaratory ruling, not more than sixty (60) days after receipt of the petition for the declaratory ruling, the Board of Pardons and Paroles may schedule such hearing and give such notice thereof as appropriate. (5) Decision on petition, ruling denied. If the Board of Pardons and Paroles decides not to issue a declaratory ruling, not more than sixty (60) days after receipt of the petition for the declaratory ruling, the Board of Pardons and Paroles shall: (A) initiate regulation-making proceedings, under section 4-168 of the Connecticut General Statutes on the subject; or (B) state the reason or reasons for its action. (6) Rulings and actions. The Board of Pardons and Paroles shall promptly deliver a copy of all rulings issued and any actions taken under subdivisions (3), (4), and (5) of subsection (c) of this section to the petitioner and other parties and intervenors by United States mail, certified or registered, postage prepaid, return receipt requested. A declaratory ruling shall contain the following: (A) the names of all parties and intervenors to the proceeding; (B) the particular facts upon which the ruling is based; and (C) the reasons for the conclusion. |
|
(Effective February 7, 2020) |
| Sec. 54-124a-11. Petition for regulation |
|
Latest version.
|
|
(a) Who may file. Any interested person may petition the Board of Pardons and Paroles to adopt, amend, or repeal a regulation of said Board. (b) Form of petition for regulation. Petitions shall be addressed to the Board of Pardons and Paroles and sent by certified mail to its principal office. The petition shall: (1) Be in writing, signed, and dated by the petitioner; (2) Include the name and address of the petitioner and the name and address of the petitioner’s attorney, if applicable; (3) Identify any regulation which the petitioner would like adopted, amended, or repealed; (4) State clearly and concisely the language of the proposed regulation, amendment, or repeal; and (5) Include any supporting data, facts, and arguments in support of the position of the petitioner with such legal citation as may be appropriate. (c) Decision on petition. Not more than thirty (30) days after submission of a petition, the Board of Pardons and Paroles shall: (1) Initiate regulation-making proceedings; or (2) Give the petitioner notice in writing, stating the reasons for denial. |
|
(Effective May 21, 2020) |
| Sec. 54-124a-12. Personal data, definitions |
|
Latest version.
|
|
(a) As used in sections 54-124a-12 to 54-124a-18, inclusive, of the Regulations of Connecticut State Agencies: (1) “Board” means the Board of Pardons and Paroles. (2) “Category of personal data” means the classifications of personal information set forth in subdivision (9) of section 4-190 of the Connecticut General Statutes. (3) “Certificate of rehabilitation” has the same meaning as provided in section 54-130e of the Connecticut General Statutes. (4) “Freedom of Information Act” means chapter 14 of the Connecticut General Statutes. (5) “Other data” means any information other than personal data, which because of name, identifying number, mark or description can be readily associated with a particular person. (6) “Parole” means the conditional release of an individual from confinement in a correctional institution or facility prior to expiration of the maximum term or terms of imprisonment pursuant to sections 54-125, 54-125a, 54-125d, 54-125g, 54-125i, 54-131a to 54-131g, inclusive, or 54-131k of the Connecticut General Statutes; the court-ordered period of community supervision following expiration of the maximum term or terms of imprisonment pursuant to section 54-125e of the Connecticut General Statutes; or transfers to the jurisdiction of the chairperson of the Board pursuant to section 54-125h of the Connecticut General Statutes. (7) “Personal Data Act” means chapter 55 of the Connecticut General Statutes. (b) Terms defined in section 4-190 of the Connecticut General Statutes shall have the same meaning in sections 54-124a-12 to 54-124a-18, inclusive, of the Regulations of Connecticut State Agencies. |
|
(Effective March 9, 2021) |
| Sec. 54-124a-13. General nature and purpose of personal data systems |
|
Latest version.
|
|
The Board maintains the following personal data systems: (a) Parole records. (1) All parole records are maintained at the Board’s office at 55 West Main Street, Waterbury, CT 06703 and on file servers at various locations within the State of Connecticut. (2) The Board is responsible for maintaining parole records. (3) Parole records are maintained in both automated and manual form. (4) Parole records are maintained for the purposes of determining eligibility and suitability for parole; determining whether to add, amend, or remove conditions of parole; adjudicating parole revocation and rescission actions; determining whether to grant early discharge from parole or early termination of parole; and administering the Interstate Compact for Adult Offender Supervision, under section 54-133 of the Connecticut General Statutes. (5) All requests for disclosure or amendment of parole records shall be directed to the Board. (6) Routine sources of information retained in parole records include: the parolee or inmate; the Department of Correction; Connecticut and United States Courts; the Court Support Services Division of the Judicial Branch; the Office of Victim Services of the Judicial Branch; victims of crimes committed by the parolee or inmate; the Connecticut State Police; municipal police departments; contracted mental health, health, and service providers; and state and federal criminal justice information systems. (7) Personal data in parole records is collected, maintained, and used under the authority of section 54-124a of the Connecticut General Statutes. (b) Pardon, commutation, and certificate of rehabilitation records. (1) All pardon, commutation, and certificate of rehabilitation records are maintained at the Board’s office at 55 West Main Street, Waterbury, CT 06703 and on file servers at various locations within the State of Connecticut. (2) The Board is responsible for maintaining pardon, commutation, and certificate of rehabilitation records. (3) Pardon, commutation, and certificate of rehabilitation records are maintained in both automated and manual form. (4) Pardon, commutation, and certificate of rehabilitation records are maintained for the purpose of determining the eligibility and suitability of applicants for pardon, commutation, and certificate of rehabilitation. (5) All requests for disclosure or amendment of pardons, commutation, and certificate of rehabilitation records shall be directed to the Board. (6) Routine sources for information retained in pardon, commutation, and certificate of rehabilitation records include: the applicant; individuals known to the applicant; victims of crimes committed by the applicant; the Department of Correction; Connecticut and United States Courts; the Court Support Services Division of the Judicial Branch; the Office of Victim Services of the Judicial Branch; the Connecticut State Police; municipal police departments; and state and federal criminal justice information systems. (7) Personal data in pardon, commutation, and certificate of rehabilitation records is collected, maintained, and used under the authority of section 54-124a of the Connecticut General Statutes. |
|
(Effective March 9, 2021) |
| Sec. 54-124a-14. Categories of personal data |
|
Latest version.
|
|
(a) Parole records. (1) The following categories of personal data may be maintained in the Board’s parole records: (A) Criminal history. (B) Correctional disciplinary history. (C) Employment or business history. (D) Family or personal history. (E) Educational information. (F) Medical or emotional condition or history. (G) Correctional classification information. (2) The following categories of other data may be maintained in the Board’s parole records: (A) Addresses. (B) Identification documents. (C) Telephone numbers. (D) Social security numbers. (E) Date of birth. (F) Records of decisions and administrative actions of the Board. (G) Nationality and immigration status information. (H) Program attendance and progress. (I) Sentence and legal custody information. (J) Community supervision information. (K) Risk classification information. (L) Victim information. (b) Pardon, commutation, and certificate of rehabilitation records. (1) The following categories of personal data may be maintained in the Board’s pardon, commutation, and certificate of rehabilitation records: (A) Criminal history. (B) Correctional disciplinary history. (C) Employment or business history. (D) Family or personal history. (E) Educational information. (F) Medical or emotional condition or history. (G) Correctional classification information. (H) Reputation or character reference information. (2) The following categories of other data may be maintained in the Board’s pardon, commutation, and certificate of rehabilitation records: (A) Addresses. (B) Identification documents. (C) Telephone numbers. (D) Social security numbers. (E) Date of birth. (F) Records of decisions and administrative actions of the Board. (G) Nationality and immigration status information. (H) Program attendance and progress. (I) Sentence and legal custody information. (J) Community supervision information. (K) Victim information. |
|
(Effective March 9, 2021) |
| Sec. 54-124a-15. Maintenance of personal data |
|
Latest version.
|
|
(a) General. (1) Personal data shall not be maintained unless relevant and necessary to accomplish the lawful purposes of the Board. Where the Board finds irrelevant or unnecessary public records in its possession, the Board shall dispose of the records in accordance with its records retention schedule and with the approval of the Public Records Administrator in accordance with the provisions of section 11-8a of the Connecticut General Statutes, or if the records are not disposable under the records retentions schedule, request permission from the Public Records Administrator to dispose of the records under section 11-8a of the Connecticut General Statutes. (2) The Board shall collect and maintain all records with accurateness and completeness. (3) Insofar as it is consistent with the needs and mission of the Board, wherever practical, the Board shall collect personal data directly from the individual to whom a record pertains. (4) Employees of the Board involved in the operations of the Board’s personal data systems shall be informed of the provisions of (A) the Personal Data Act, (B) sections 54- 124a-12 to 54-124a-18, inclusive, of the Regulations of Connecticut State Agencies, (C) the Freedom of Information Act, and (D) any other state or federal statute or regulations concerning maintenance or disclosure of personal data kept by the Board. (5) All employees of the Board shall take reasonable precautions to protect personal data under their custody from the danger of fire, theft, flood, natural disaster and other physical threats. (6) The Board shall incorporate by reference the provisions of the Personal Data Act and regulations adopted thereunder in all contract, agreements or licenses for the operation of a personal data system for research, evaluation and reporting of personal data for the Board or on its behalf. (7) The Board shall have an independent obligation to ensure that personal data requested from any other state agency is properly maintained. (8) Only employees of the Board who have a specific need or legal authority to review personal data records for lawful purposes of the Board shall be entitled to access to such records under the Personal Data Act. (9) The Board shall keep a written up-to-date list of individuals entitled to access to each of the Board’s personal data systems. (10) The Board shall ensure against unnecessary duplication of personal data records. (11) The Board shall ensure that all records in manual personal data systems are kept under lock and key, and, to the greatest extent practical, are kept in controlled access areas. (b) Automated personal data systems. (1) To the greatest extent practical, automated equipment and records pertaining to personal data shall be located in a limited access area. (2) To the greatest extent practical, the Board shall require visitors to such limited access area to sign a visitor’s log and permit access to such area on a good faith need-to-enter basis only. (3) To the greatest extent practical, the Board shall ensure that regular access to automated equipment pertaining to personal data is limited to operations personnel. (4) The Board shall utilize appropriate access control mechanisms to prevent disclosure of personal data to unauthorized individuals. |
|
(Effective March 9, 2021) |
| Sec. 54-124a-16. Disclosure of personal data |
|
Latest version.
|
|
(a) Not later than four business days after receipt of a written request therefor, the Board shall mail, electronically transmit, or deliver to the requesting individual a written response in plain language, informing him or her as to whether or not the Board maintains personal data on that individual, the category and location of the personal data maintained on that individual, and procedures available to review the records. (b) Except where nondisclosure is required or specifically permitted by law, the Board shall disclose to any individual upon written request all personal data concerning that individual which is maintained by the Board. The procedures for disclosure shall be in accordance with the Freedom of Information Act. If the personal data is maintained in coded form, the Board shall transcribe the data into a commonly understandable form before disclosure. (c) The Board is responsible for verifying the identity of any individual requesting access to his or her own personal data. (d) The Board is responsible for ensuring that disclosure made pursuant to the Personal Data Act is conducted so as not to disclose any personal data concerning individuals other than the individual requesting the information. (e) The Board may refuse to disclose to an individual medical, psychiatric or psychological data on that individual if the Board determines that such disclosure would be detrimental to that individual. (f) In any case where the Board refuses disclosure, it shall advise that individual of his or her right to seek judicial relief pursuant to the Personal Data Act. (g) If the Board refuses to disclose medical, psychiatric or psychological data to an individual based on its determination that disclosure would be detrimental to that individual and nondisclosure is not mandated by law, the Board shall, at the written request of such individual, permit a qualified medical doctor to review the personal data contained in the individual’s records to determine if the personal data should be disclosed. If disclosure is recommended by the individual’s medical doctor, the Board shall disclose the personal data to such individual; if nondisclosure is recommended by such individual’s medical doctor, the Board shall not disclose the personal data and shall inform such individual of the judicial relief provided under the Personal Data Act. (h) The Board shall maintain a complete log of each individual, agency, or organization who has obtained access to, or to whom disclosure has been made of personal data, under the Personal Data Act, together with the reason for each such disclosure or access. This log shall be maintained for not less than five years from the date of such disclosure or access or for the life of the personal data record, whichever is longer. |
|
(Effective March 9, 2021) |
| Sec. 54-124a-17. Contesting the content of personal data records |
|
Latest version.
|
|
(a) Any individual who believes that the Board is maintaining inaccurate, incomplete or irrelevant personal data concerning him or her may file a written request with the Board for correction of said personal data. (b) Not later than thirty days after receipt of such request, the Board shall give written notice to that individual that it will make the requested correction, or if the correction is not to be made as submitted, the Board shall state the reason for its denial of such request and notify the individual of his or her right to add his or her own statement to his or her personal data records. (c) Following such denial by the Board, the individual requesting such correction shall be permitted to add a statement to his or her personal data record setting forth what that individual believes to be an accurate, complete and relevant version of the personal data in question. Such statements shall become a permanent part of the Board’s personal data system and shall be disclosed to any individual, agency or organization to which the disputed personal data is disclosed. |
|
(Effective March 9, 2021) |
| Sec. 54-124a-18. Uses to be made of the personal data |
|
Latest version.
|
|
(a) Parole records. (1) Parole records are routinely used to determine eligibility and suitability for parole; determine whether to add, amend, or remove conditions of parole; adjudicate parole revocation and rescission actions; determine whether to grant early discharge from parole or early termination of parole; and to administer the Interstate Compact for Adult Offender Supervision. Users include members and employees of the Board, employees of the Department of Correction, counsel for the parolee, and others authorized by law. (2) The Board shall retain parole records for the period indicated for such records in the Board's retention and destruction of records schedule approved by the Public Records Administrator pursuant to section 11-8a of the Connecticut General Statutes. (b) Pardon, commutation, and certificate of rehabilitation records. (1) Pardon, commutation, and certificate of rehabilitation records are routinely used to determine the eligibility and suitability of applicants for pardon, commutation, and certificate of rehabilitation. Users include members and employees of the Board and others authorized by law. (2) The Board shall retain pardon, commutation, and certificate of rehabilitation records for the period indicated for such records in the Board's retention and destruction of records schedule approved by the Public Records Administrator pursuant to section 11-8a of the Connecticut General Statutes. (c) Disclosure of use upon request. When an individual is asked by the Board to supply personal data, the Board, upon request, shall disclose to that individual: (1) The name of the Board and the division within the Board requesting the personal data; (2) The legal authority under which the Board is empowered to collect and maintain the personal data; (3) The individual’s rights pertaining to such records under the Personal Data Act and the Board’s regulations; (4) The known consequences arising from supplying or refusing to supply the requested personal data; and (5) The proposed use to be made of the requested personal data. |
|
(Effective March 9, 2021) |