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Soft Cover. Art Collection. Used - Acceptable. Acceptable condition. Unknown Binding. Folded Broadsheet. What existing law doesn't have is any sort of guidance for these state agencies in terms of the impact that a provisional pardon should have on their decision making, so this next provision would essentially give greater guidance to them in terms of the state -- if they have an applicant who has a provisional pardon a certificate of rehabilitation, but what is that supposed to mean in terms of decision making.
And what it means according to the bill is that such a certificate would create a presumption of -- a rebuttal presumption, but a presumption of rehabilitation and they would still be able to deny the applicant. They would have to provide a statement of reasons if -- if they did so, but this is really into giving greater guidance and really more information to the licensing and state employers about this applicant because they'll know now this is an applicant who proved himself to some other entity in terms of rehabilitation.
The next provision relates to negligent hiring lawsuits and the impact that a provisional pardon or certificate would have on those forms of lawsuits and it's really aimed at providing some incentive for employers to employ people with prior convictions who have demonstrated this sort of rehabilitation. And this provision is modeled after a provision in New York. I'll say here that Illinois, Ohio, and New York all have kind of similar liability protection type -- type provisions. And essentially it's an evidentiary rule and would prevent the admission into evidence -- evidence of a person's prior conviction in a negligent hiring lawsuit if the person had been granted a certificate or a provisional pardon and the employer knew that at the time of the time of the alleged negligence or fault, so this one tracks most closely some language from New York that's similar.
And then finally -- and Andrew may have something more to say on this, but the final provision is that the commission will study this and see if it's working and report back to this body about whether it's working, whether reforms are suggested, so if everything's not perfectly done this time the commission will -- will discover it. ANDREW CLARK: Yeah, I would just say in light of that, there's a lot of moving parts and it's a difficult sometimes proposal to explain and so I think we wanted to add to make sure that there -- there weren't any unintended consequences for this and that there was oversight over implementation and recommendations back to the Judiciary Committee, we added that the Sentencing Commission be able to evaluate the effectiveness of the pardons and certificate of rehabilitation and report back.
The other thing I would like to add is that this was also a consensus proposal by the commission and of note in there is that there have been members of the commission that have been mentioned in the -- in our testimony the members are listed on the side, is there are legislative appointees of which I think three are important to note in this particular proposal, and one is Pete Gioia from the Connecticut Business and Industry Association, as well as John Santa and John is a businessman from the Bridgeport area, as well as Maureen Price-Boreland who's executive director of a large non-profit that has a lot of folks that have the criminal records coming through her and so these folks all took a look at the -- the provisions and the recommendations and granted their consensus as well.
Sara Rankin is next -- oh, Sara Raskin. I'm sorry. So no Sara Rankin -- no Sara Raskin. I am Dr. Larry Deutsch speaking in several roles, as a pediatrician, a former high school teacher, a former jury member and now as minority leader for the City Council here in Hartford. In each of these I've had much contact with youth and seeing some of the impacts of our legal system, which has not always advanced the cause of a justice on which many of us agree.
It was 14 year ago that I, myself, sat on a jury. During and since a time like that one can learn a whole lot. Briefly and sadly, the experience may show, as said by a famous lawyer just before the Civil War, that we cannot automatically think that law and justice are always the same. In brief, I would like to just present for you a certain case that I experienced firsthand of a young man appeared swept into an action at the age of 15 and a half years, apprehended at 16, tried at age Some factors with four serious charges resulted in a prison sentence of 55 years.
In our close up view several factors are at work. A, handguns and societal violence often pushed by adults and media were rampant then and still are. The question is what can you and we do about this? That means you as Representatives, we as other representatives and municipal legislatures and all of us as citizens. B, this young person had no legal representation when first arrested and questioned. Police didn't even allow a call to his mother or anyone of majority, let alone an attorney.
What can you and we do about this? C, he may have had Miranda read and waived in there all alone during questioning. Then came a nice long confession which couldn't have been all his. We think force was used. Of course, it wasn't recorded. D, of course the judge admitted the confession on paper as evidence and the testimony of two detectives, who themselves had gotten into trouble in the department. E, technicalities led to conviction on three charges after four days of deliberation with the jury hung on the fourth charge. Cross examination of police and others by the public defender was, in this person's opinion, short and compared with the other leading accused men the sentence was very long.
What can you and we do about this sentence length? F, there followed appointment of one public defender after another. Each time we hoped justice would be done through good representation and possibly sentence modification. At one time this still young man read and learned how to file his own habeas appeal, which resulted in censure of one appointed lawyer who dropped the case without telling anyone and without replacement for years -- years. G, besides -- by the way this is in written testimony and it's almost complete -- G, besides asking for and receiving legal books from us and getting his GED and taking courses in trades, the technicalities of law seem to remove good time consideration.
H, when release finally occurs what real educational and job opportunities will there be? Will there be boxes and prejudicial obstacles continue? I -- almost done -- during this period the, as you've heard, the concept of thinking and actions of young people and even old has changed markedly, taking into account factors of environment, brain and behavior development, violence, jobs, economy, schooling and so much more.
It also involves budget as well as law. And finally, J, standing for justice, coincidentally, during this period you and I find ourselves as elected officials, he is now a constituent of all of us as well as a fellow citizen and member of society now with more skills and wisdom, but less time ahead to use them. We would, in our opinion, shorten the time for eligibility for review and sentence modification and parole and make sure there is elimination of the barriers to subsequent employment banning the box and other questions that inhibit return to a work full -- a -- a productive life on their release.
I'm reminded of the quote from Dr. Martin Luther King, Jr. So we would support the two addressed bills and others that bring the conditions of law closer to justice, especially as effecting the -- the young people that we're addressing here today. The bell going off reminded me that I neglected to discuss during my -- my remarks about procedure that we do have a long list of folks who have signed up to testify and provide information to the committee.
Generally, we want to provide three minutes -- approximately three minutes for each person who speaks. When you hear the bell that should be a signal to you -- we don't want to cut anybody off, but that should be a signal to you to summarize whatever remains of your remarks to the committee. Are there questions for Councilman Deutsch? I just wanted to say, Councilman Deutsch, thank you for being here today. I know you guys have a busy time right at the city and it was a pleasure to serve with you for three years.
Anyway, thanks for your testimony and your advocacy on these important issues. Well, let me say, likewise, you and I have talked on these matters from time to time. It's good to know that you're still interested and still working diligently on such matters. It's good to see you today. Thank you to the committee. I'm joined here today by executive state's attorney -- state's attorney Brian Austin and was to be joined by assistant public defender Deborah Sullivan, but unfortunately she's not available because she's at a funeral this morning, both of us -- both of whom were members of the Classification Working Group.
Senate Bill is the product of Classification Working Group and was unanimously supported by the Sentencing Commission Committee on sentencing structures, policies and practice and endorsed by the full commission through its consensus process. The bill is a continuation of the commission's effort to address unclassified crimes in Connecticut's penal code.
This successfully passed the General Assembly with bipartisan support and was signed into law by Governor Malloy as Public Act This proposed bill continues in the spirit of that bill. The commission believes there are several benefits will occur -- accrue to the criminal justice system from classifying the unclassified felonies.
First, by classifying felonies with the penal code it's easier for law enforcement, legal practitioners, the legislature and the public to quickly understand the relative severity of the certain felony offenses. Secondly, it would make it easier for target diversionary programs so less serious offenses and to assign appropriate periods of probation. Finally, through the classification process the statutory fines were increased to -- to maintain consistent requests to different classes of felonies.
This again makes Connecticut statutes easier to understand. The working group identified felony -- statutory felonies that are not currently classified under Connecticut penal code. In order to classify as many unclassified penalties as -- felonies as possible, the working group make the following recommendations. The working group did not address unclassified felonies related to drugs or firearms. It did not change any mandatory sentence provisions of the statute. Number two, change the Connecticut law so that any unclassified felony with a maximum prison penalty that is more than one year, but not more than three years is deemed a Class E Felony, 64 unclassified felonies will be deemed to be classified Class E under this proposal.
Number three, change the penalty for Class E Felony for one of -- one to five years in prison for up to five years -- prison to up to five years in prison. Four, classify unclassified felonies that currently have a maximum prison sentence for five years in prison as Classified B Felonies. Some of these felonies would retain their current five -- fines.
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Number five, classify 14 unclassified felonies punishable by up to ten years as Class E Felonies. And number six, leave the felonies as unclassified.
I noticed I'm running out of time here, can I continue on for just a little bit more? I did submit a written report on it. It's a section bill. It is a little difficult to summarize in three minutes. As -- as a former member of this committee you have that privilege. You may proceed. I'll try to be as brief as possible. You have a written copy of my testimony as well. In -- in that -- that testimony we show there's a table -- table one, which shows what the new classes of felonies will be and essentially, the classes of felonies are A, B, C, D and E and we're not changing any of the A, B or C felonies.
We're only recommending changes of the D felony where it would now be up to one -- five years in prison instead of one to five and Class E Felonies would be the new -- new category which would be up to three years in prison. I also have submitted testimony on House Bill -- excuse me -- which is the recommendation for the change in the -- regarding false statements. I'm signed up to testify on that. It would only take me about another minute to go through. Can I testify on that? House Bill is the product of the Classification Working Group, which was unanimously supported by the Sentencing Commission.
Connecticut has a total of false statement statutes which can be broken down as follows; 35 statutes cite false statement in the first degree or the second degree, 96 statutes utilize the term under false -- under penalty of false statement, and statutes contain difference in conflicting elements. To address these inconsistencies, the Sentencing Commission recommends number one, false statement in the first degree be renamed false statement under certified payroll.
Number two, clarify language to be added to false statement in the first degree and number three, false statement in the second degree to be replaced with a model statutory language, which clarifies the elements of this false statement. And we're recommending that this particular bill be merged into -- into the previous bill so that they will only be one bill instead of having two of them. With that, I would be willing to take any questions you have. And it's great to see you, Attorney Farr, as the former Ranking Member of this committee, and I know last year you -- you went through the unclassified misdemeanors and we did -- we passed that bill and I know that was a tremendous amount of work and I -- I know that this also, as you mentioned, there's over sections and it's a -- a huge undertaking.
I know sometimes -- and in the past we've had questions I know that even the Supreme Court has addressed the issue of some of the motor vehicle offenses and how we classify those and whether -- whether or not they're deemed to be felonies or not to be felonies, specifically I'm thinking of the second offense on a drunk driving -- second conviction of a drunk driving, which is deemed to be a felony.
And I just -- the way we define a felony will still remain. Any crime that has a inaudible could potentially have a sentence of over one year; is that -- that correct? We didn't in this statute make -- in this proposal make any change -- recommendation on changing those areas. But you -- you are creating a Class Selling adulterated liquor is a two year maximum sentence, not used very often.
See if I can get you one that -- delivering liquor to a minor is a I don't know if you have any insight on that, but we -- we can look into if we have to. I can Operating a motor vehicle under suspension with a -- for a second adult -- alcohol related offense, which is the one you just referred to, is a maximum term of up to two years in prison and so that would continue to be -- that would not be an E felony.
BOB FARR: And we -- we didn't change -- make any recommendations on a minimum mandatories on any of these, because this -- we were trying to put -- to classify as many as possible and come up with a document that everybody could agree to. Once we started changing mandatory minimums we were going to then get into inaudible on each one of those and since this is trying to address different provisions we were not going to get anywhere by just sending out a number with the changes like that.
FOX III: So is -- is it safe to say that the penalties for all of the crimes that you're dealing with will remain the same essentially? It's not going to be true of the motor vehicle ones. The second thing is that the present statutes for a D felony is one to five years, now that doesn't -- it's not a mandatory one year penalty. You can suspend the entire amount, but you can't give somebody a suspended sentence of six months because it's supposed to be a one year -- if you're going to do any sentence you're supposed to do it to one year.
Half of the statutes that we were classifying that have sentences of up to five years have sentences that say zero to five and the other half are one to five, so instead of changing them all to one to five we decided that it would be easier to -- and more reasonable to say zero to five because it gives more flexibility to the court, so if the court wanted to do a suspended sentence at six months they can do it.
FOX III: And -- and just so we're clear, there's nothing that says a judge can't sentence to one to five or in that range? It's -- right now it's not clear to us right now in fact in some of these cases where it says that sentence is one to five. There are some judges may actually be giving somebody a suspended sentence of six months and nobody's really challenging those, but technically it's illegal under the statute because there's no basis for giving somebody -- if you're going to do a suspended sentence you have to do it -- you have to do at least a year.
And then the whole reason for classifying these unclassified crimes, in other words, the misdemeanors last year or the felonies now is to provide this kind of clarity as to what people are pleading to and then what the penalties -- the appropriate penalties are? And it -- and it includes, you know, the probation is based upon -- the periods of probation are based upon the -- the severity of the sentence. We have -- and also there are diversionary programs that you are eligible for, but you're not in -- you're ineligible for if you're in a certain class and so we tried to -- to make it consistent, so that most of the -- we're not going to make -- one of the problems we had is a number of -- on the Class C Felonies you're not eligible for an AR unless there's a showing of -- of extra Some kind of -- I forget the language.
And so we weren't able to classify there's about ten statutes the public defender did -- objected to making them Cs because they were going to change -- make it more difficult to do the Class C Felonies. I mean -- I'm sorry -- to do an AR with them. So we did not address those. There's 35 statutes we ended up not classifying.
Well, thank you, Attorney Farr. If they're no further questions, thank you very much. Was it your intention to change the definition of felony, which I understand to be a felony is any offense for which the penalty is a year or more in jail and if you're changing the definition or the classification of Class D Felony from one to five to zero to five, aren't you in fact changing?
We're -- we're simply on the Class D saying that you can be sentenced to up to five years in jail. It's -- a -- a felony by definition is a sentence for which -- is a statute for which you can sentenced to more than one year in jail. It doesn't -- it -- just because you were sentenced under a felony to six months in jail doesn't mean it's not a felony.
If you were going to impose any sentence -- jail sentence at all it was supposed to be one year in jail, or suspended -- you know, one year suspended. We're simply saying that that doesn ' t -- there's no reason to do that. So the intent was not to change the definition of what is My name is Helen McCown. I'm a loving, heartbroken, devoted and supportive mother speaking on behalf of my son Larry L. McCown, inmate number My son Larry McCown had just turned 17 two weeks prior to the unfortunate situation taking place on November 20th, A young man and his girlfriend had taken him shopping and was in route to taking him to his son's mother's house where he had been picked up.
You have a copy of this so I had to make -- there were some words I had missed out, so I have inserted them and I will read and you can add them as I read. You should have copies of it. When the driver of the car took a detour and he and his girlfriend exited the car, my son stayed in the car.
When the driver returned it was another young man instead of the girlfriend of the driver. Thinking he was now about to be taken where he originally was going another detour was taken and this is where the passenger then rolled down the window and began shooting as the car passed by a group of youth. As a result, one of the bullets that hit the house ricocheted off the house and struck a youth that later died.
My son called his late father and I and told us what happened. His late father told him what to do until we got there in New Haven. He had been attending school in Buffalo, New York and was visiting his young son, whom is now in his third year of college. We came down, took my son to the police station without an attorney.
His statement was given and we were not present as he did so. He waived his Miranda rights, which he had no understanding of. My son as a youth could not make the best decisions because he could not understand long-term consequences and as a result a case was built upon that statement. He was the youngest out of three young men and was given more time than the two other men, 65 years -- if you could insert that. Today, Larry McCown is a mature, remorseful, and rehabilitated young man age If this bill is passed it would give my innocent son and others in his situation a meaningful second chance at life.
He has taken every opportunity given him and received his high school diploma, numerous workshops, business courses and is currently enrolled in college technical courses in human resource management. It was stated in May that neither his PEP program, nor the alternatives to violence basic workshop has been identified as a recommended program for him per his offender accountability plan. In July inmate performance eval it was stated, he always handles himself in a professional manner and in the period of , , the supervisor wrote in short, that Larry is a good and reliable worker.
Inmate McCown gets along with his peers and superior alike and is an asset to this food service operation. He recommend -- if you could insert -- he recommend any good time consideration he may be eligible for. Last paragraph -- my late husband lost his life to an assailant -- parenthesis assailant -- in an attempted robbery. He traveled tirelessly to help his son get out of this mess as he called it and Larry in his own words is empathetic and sympathetic with the victim's family and all families of crime for his father was murdered.
His goals if released is to become a humanitarian, work with youth as a mentor, work in human resources and also become an entrepreneur. My written testimony -- and you could insert written I left it out -- continues as I know I have only a limited amount of time. I have another letter from son that I cannot read today, but will mail to each one of you. Thank you for listening. God bless you. Sincerely, Helen McCown.
It -- it encourages the members of the committee to hear a personal story and -- and gives us a good reason to understand why the Sentencing Commission proposed this bill. Thank you. I, myself, traveled from Buffalo so I'm -- you know, that's why I was like kind of words are missing and stuff because I wanted to make sure I didn't too much because I knew I only had a certain amount of time.
I just personally also wanted to thank you for being here and sharing that testimony with us. It sounds like the bill is being proposed by the Sentencing Commission is suited for your son's situation. So good luck with it. Thanks a lot. Linda Meyer -- oh, I'm sorry, Leslie? Good afternoon. A little nervous here, I'll try to make it through. His inmate number is He is currently serving 38 years and with sentenced at the age of I am also here in support of the bill for the act of sentence modification for juveniles. What I would like to do is read something that I have written.
I don't mean any disrespect by using the word proud, simply because I very well know the pain that was caused by the crime that was committed almost 17 years ago to the family of victim David Horan. I just want to let you know that the man I visit twice a week for the past 17 years is someone that any mother would be proud of today. Somewhere along the way throughout the past years I have become the student in our relationship and Nicholas has become the teacher.
Nicholas is one of the most smartest and caring individuals that I know. I go to him for several things, such as advice, knowledge and understanding. I go to him because of all these qualities that he possess, all of these qualities that he's taught himself within the compounds of this prison wall.
He has never let those walls -- the prison walls consume him. He's stayed positive and has educated himself in all aspects of life from humanity to his academic skills. Nicholas has not been -- has not spent his life sentence trying to get out, on the contrary he has continued to educate himself and has accepted his punishment to the best of his ability. I've paid for his education for which he is currently going for his bachelor's degree. He has achieved what I couldn't do. I have no high school diploma because I had him at the age of Nicholas currently works in infirmary of the facility that he's at and also with hospice.
I would like to stop my letter and just give a testimony of someone who does work and just give an idea of the person that my son is today. This was submitted by an RN that works with him. I have had the privilege and the honor of working alongside him at McDougal Correctional Facility in the medical infirmary for approximately five years and in all those years I have witnessed caring, compassion and concern demonstrated by Mr. Aponte inaudible any I have witnessed anywhere or anytime throughout my nursing career. He shows a genuine respect for all -- for all he interacts whether it is medical, personal, custody staff or inmate, despite what is offered to him.
I have seen a level of patience and tolerance with Mr. Aponte which I truly appreciate and admire. We have had some difficult inmates and patients within the medical infirmary to put it mildly. I have seen Mr. Aponte take those patients and make them his personal mission to ensure their comfort, safety, and well-being.
Those same inmates often ignored and discarded by some of the other CNAs, but not Mr.
He is the ultimate advocate -- the ultimate caregiver for his patients no matter what their attitude or presentation. Aponte has a marvelous work ethic as well. I have never seen him miss a shift, though those shifts are seven days a week, no vacation. And above all I believe that it's truly -- he truly loves what he is doing. Just to continue towards the bottom. He's a unique and remarkable human being and I am honestly honored to have been able to work with him for as long as I have and I know in my heart that Mr.
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Aponte will only continue to be the person that he is, not the child that he was when he made the mistake that he did that caused the incarceration. I will truly miss and both personally and professionally when he is finally allowed to walk out the door. I know that there has to be individual consideration for each inmate and I only pray that this law will go through and give my son the opportunity to become part of society.
We had to scan it. I didn't have enough copies. How are you all this morning? I'm here to testify in support of SB I've been working with the Sentencing Commission's Recidivism Reduction Committee on this matter and basically what this bill does is it allows universities to give free courses to inmates without having to comply with state contractor requirements, so it eliminates some red tape that's currently in the way of Quinnipiac and Trinity and some of the other universities that would like to go into the -- the prisons and offer some prison courses for credit. Linda, thank you.
How many professors or -- or faculty members are teaching in -- in -- offering free courses? Do you -- do you have any feeling? I -- I see from your testimony there are half a dozen people have signed your -- your testimony. This bill originated when I went to Quinnipiac and asked if I could teach a four course -- a four-credit course at -- at York Correctional Institution and I was given permission by my university to do that. I went to the Department of Corrections, they said sure, but the problem came when Quinnipiac and the DOC tried to come up with a contract.
The -- the contract that they came up with was fine, it was the ten pages of required state contractor obligations that Quinnipiac you know, couldn't -- couldn't do. It basically created a -- a lot of administrative reporting. It created potentially some conflicts with some accreditation requirements that -- so they wouldn't sign the contract. The DOC allowed me to go in and teach anyway and it was a remarkable experience. I -- I had 12 students.
They all finished the course. They supported each other. They edited each other's papers. They were so proud of themselves. They carried their college books all the way through the prison and it -- it gave them I think and a lot of people some hope. Wesleyan of course is doing a wonderful job at Cheshire and just this term they just started doing also some prison courses at York. They do have a contract with the state, but they also support this bill.
Trinity has also been trying to do this, in fact, after my course was successful they went into York and offered a series of lectures by seven or eight different professors to the Trinity -- to the -- to the York students there and that was also a very successful course, but I think that they've also been having the same kind of contracting difficulties that Quinnipiac has had. So this would clear the way and make it possible for us to hopefully build a consortium of schools that would provide some -- some more education to prisoners in this time of state budget shortages so.
I know you said that most of these contracting requirements were administrative or bureaucratic, can you give like a specific example of what contracting requirements might have been LINDA MEYER: Well, for example, Revised Statute 46 a 68 j 23 requires state contractors to file workforce reports, affirmative action reports, a minority business reports and the problem is not that the university doesn't support affirmative action, but that these reports would have to be filed for the entire university just based on this one little prison course and that didn't make sense to my administration.
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