AN ACT CONCERNING SENTENCE REDUCTION OR RELIEF FOR SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING OR HUMAN TRAFFICKING.

House of Representatives
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General Assembly File No. 598
February Session, 2026 Substitute House Bill No. 5306

House of Representatives, April 13, 2026

The Committee on Judiciary reported through REP.
STAFSTROM of the 129th Dist., Chairperson of the Committee
on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING SENTENCE REDUCTION OR RELIEF FOR
SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT,
STALKING OR HUMAN TRAFFICKING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 53a -35a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective January 1, 2027): 2
[For] (a) Except as provided in subsection (b) of this section, any 3
felony committed on or after July 1, 1981, the sentence of imprisonment 4
shall be a definite sentence and, unless the section of the general statutes 5
that defines or provides the penalty for the crime specifically provides 6
otherwise, the term shall be fixed by the court as follows: 7
(1) (A) For a capital felony committed prior to April 25, 2012, under 8
the provisions of section 53a-54b in effect prior to April 25, 2012, a term 9
of life imprisonment without the possibility of release unless a sentence 10
of death is imposed in accordance with section 53a -46a, or (B) for the 11
class A felony of murder with special circumstances committed on or 12
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after April 25, 2012, under the provisions of section 53a-54b in effect on 13
or after April 25, 2012, a term of life imprisonment without the 14
possibility of release; 15
(2) For the class A felony of murder, a term not less than twenty-five 16
years nor more than life; 17
(3) For the class A felony of aggravated sexual assault of a minor 18
under section 53a -70c, a term not less than twenty -five years or more 19
than fifty years; 20
(4) For a class A felony other than an offense specified in subdivision 21
(2) or (3) of this section, a term not less than ten years nor more than 22
twenty-five years; 23
(5) For the class B felony of manslaughter in the first degree with a 24
firearm under section 53a-55a, a term not less than five years nor more 25
than forty years; 26
(6) For a class B felony other than manslaughter in the first degree 27
with a firearm under section 53a -55a, a term not less than one year nor 28
more than twenty years; 29
(7) For a class C felony, a term not less than one year nor more than 30
ten years; 31
(8) For a class D felony, a term not more than five years; 32
(9) For a class E felony, a term not more than three years; and 33
(10) For an unclassified felony, a term in accordance with the sentence 34
specified in the section of the general statutes that defines or provides 35
the penalty for the crime. 36
(b) (1) Prior to a court imposing a sentence of imprisonment for a 37
felony offense, a defendant may move for application of this subsection 38
to such defendant's sentence. Upon such motion and a finding by the 39
court that (A) the defendant is a survivor of domestic violence, sexual 40
assault, stalking or trafficking in persons, and (B) domestic violence, 41
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sexual assault, stalking or trafficking in persons was a significant 42
contributing factor in the commission of the offense, the court shall 43
impose a sentence in accordance with this subsection. 44
(2) For purposes of this subsection, (A) "survivor" means an adult or 45
child who has experienced domestic violence, sexual assault, stalking, 46
or trafficking in persons; (B) "domestic violence" has the same meaning 47
as provided in subsection (b) of section 46b-1; (C) "sexual assault" means 48
any act that constitutes a violation of section 53a -70b of the general 49
statutes, revision of 1958, revised to January 1, 2019, or section 53a -70, 50
53a-70a, 53a-71, 53a-72a, 53a-72b or 53a -73a; (D) "stalking" means any 51
act that constitutes a violation of section 53a-181c, 53a-181d, 53a-181e or 52
53a-181f; (E) "trafficking in persons" means trafficking in persons under 53
section 53a -192a or a criminal violation of 18 USC Chapter 77, as 54
amended from time to time ; and (F) "significant contributing factor" 55
means that there is a substantial likelihood that the abuse suffered by 56
the survivor influenced the survivor's commission of the crime without 57
necessarily being the exclusive or overriding factor for the criminal 58
conduct. In determining whether the abuse suffered by the survivor was 59
a significant contributing factor, the court may consider the cumulative 60
impact of the abuse suffered by the survivor together with the events 61
immediately surrounding the crime. 62
(3) Such defendant shall provide the court at least two pieces of 63
documented proof corroborating that the defendant is a survivor of 64
domestic violence, sexual assault, stalking or trafficking in persons that 65
may include, but need not be limited to, a signed affidavit attesting to 66
subparagraphs (A) and (B) of subdivision (1) of this subsection; a court 67
record; social services record; hospital record; law enforcement record; 68
restraining order or protective order pursuant to section 46b-15, 46b-16a 69
or 46b-38c, subsection (f) of section 53a-28 or section 53a-40e or 54-1k, or 70
a foreign order of protection, as defined in section 46b -15a; sworn 71
statement from a person with direct knowledge or other reliable 72
evidence of the domestic violence, sexual assault, stalking or trafficking 73
in persons; documentation including written documents, photographs, 74
text messages, electronic mail, videos and audio recordings submitted 75
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pursuant to the rules of the court and tending to support the claims of 76
the defendant; records provided by a licensed medical care provider or 77
mental health care provider; or sworn statements from a member of the 78
clergy, an attorney or a social worker, a teacher or other school 79
professional, or a domestic violence counselor or sexual assault 80
counselor, each as defined in section 52 -146k, or other advocate acting 81
on behalf of a survivor of domestic violence, sexual assault, stalking or 82
trafficking in persons. 83
(4) At any time prior to sentencing, the court may consider testimony 84
from witnesses offered by the prosecution or defense, consider oral and 85
written arguments and consider any other evidence relevant to the 86
court's determination of whether domestic violence, sexual assault, 87
stalking or trafficking in persons was a significant contributing factor in 88
the commission of the defendant's offense. Reliable hearsay evidence 89
shall be admissible at the hearing for purposes of this subsection. 90
(5) Notwithstanding any provision of the general statutes providing 91
a term of imprisonment for a felony offense, including a mandatory 92
minimum sentence, if the court finds by clear and convincing evidence 93
that domestic violence, sexual assault, stalking or trafficking in persons 94
was a significant contributing factor in the commission of the offense, 95
the court may depart from the applicable sentence under subsection (a) 96
of this section or the sentence provided under the section of the general 97
statutes for the applicable offense, to the ranges provided as follows: (A) 98
A term of life imprisonment without the possibility of release shall be 99
reduced to a term of thirty years imprisonment or less; (B) a term of fifty 100
years of imprisonment or more, but not life imprisonment without the 101
possibility of release, shall be reduced to a term of twenty -five years 102
imprisonment or less; (C) a term of forty years of imprisonment or more, 103
up to, but not including, fifty years imprisonment, shall be reduced to a 104
term of twenty years imprisonment or less; (D) a term of thirty years of 105
imprisonment or more, up to, but not including, a term of forty years 106
imprisonment, shall be reduced to a term of fifteen years imprisonment 107
or less; (E) a term of twenty -five years of imprisonment or more, up to, 108
but not including, a term of thirty years imprisonment, shall be reduced 109
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to a term of twelve and one -half years imprisonment or less; (F) a term 110
of twenty years of imprisonment or more, up to, but not including, a 111
term of twenty -five years imprisonment, shall be reduced to a term of 112
ten years imprisonment or less; (G) a term of ten years of imprisonment 113
or more, up to, but not including, a term of twenty years imprisonment, 114
shall be reduced to a term of five years imprisonment or less; (H) a term 115
of five years of imprisonment or more, up to, but not including, a term 116
of ten years imprisonment, shall be reduced to a term of five years 117
imprisonment or less; and (I) a term of three years of imprisonment or 118
more, up to, but not including, a term of five years imprisonment, shall 119
be reduced to a term of eighteen months imprisonment or less. The court 120
shall state on the record that sentencing was determined in accordance 121
with this subsection. 122
(6) If the court finds that such defendant has not met the requirements 123
to apply for relief as provided for in subdivision (1) of this subsection, 124
the court shall deny such defendant's motion without prejudice. 125
(7) Nothing in this subsection shall preclude a defendant from 126
seeking or obtaining relief under section 51 -195, 51 -196, 53a -39, as 127
amended by this act, 54-95c, 54-125a, as amended by this act, or 54-130a, 128
as amended by this act, or any other statute pertaining to sentence 129
reduction relief. 130
Sec. 2. Section 53a -39 of the general statutes is repealed and the 131
following is substituted in lieu thereof (Effective January 1, 2027): 132
(a) Except as provided in subsection (b) of this section, at any time 133
during an executed period of incarceration , the sentencing court or 134
judge may, after hearing and for good cause shown, reduce the sentence, 135
order the defendant discharged, or order the defendant discharged on 136
probation or conditional discharge for a period not to exceed that to 137
which the defendant could have been originally sentenced. 138
(b) [On] Except as provided in subsection (g) of this section, on and 139
after October 1, 2021, at any time during the period of a sentence in 140
which a defendant has been sentenced prior to, on or after October 1, 141
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2021, to an executed period of incarceration of more than seven years as 142
a result of a plea agreement, including an agreement in which there is 143
an agreed upon range of sentence, upon agreement of the defendant and 144
the state's attorney to seek review of the sentence, the sentencing court 145
or judge may, after hearing and for good cause shown, reduce the 146
sentence, order the defendant discharged, or order the defendant 147
discharged on probation or conditional discharge for a period not to 148
exceed that to which the defendant could have been originally 149
sentenced. 150
(c) If, after a hearing pursuant to this section, the sentencing court or 151
judge denies or grants in full a motion to reduce a defendant's sentence 152
or discharge the defendant, the defendant may not file a subsequent 153
motion for relief under this section until five years have elapsed from 154
the date of the most recent decision denying such defendant relief 155
pursuant to this section. If, after a hearing pursuant to this section, the 156
sentencing court or judge grants in part a motion to reduce a defendant's 157
sentence, the defendant may not file a subsequent motion for relief 158
under this section until three years from the date of the most recent 159
decision granting such defendant relief pursuant to this section. 160
(d) [The] Except as provided in subsection (g) of this section, the 161
provisions of this section shall not apply to any portion of a sentence 162
imposed that is a mandatory minimum sentence for an offense which 163
may not be suspended or reduced by the court. 164
(e) At the time the defendant files a motion with the court, the 165
defendant shall provide the state with a copy of the motion and any 166
materials and documentation filed with the court in support of such 167
motion. 168
(f) At a hearing held by the sentencing court or judge under this 169
section, such court or judge shall permit any victim of the crime to 170
appear before the court or judge for the purpose of making a statement 171
for the record concerning whether or not the sentence of the defendant 172
should be reduced, the defendant should be discharged or the 173
defendant should be discharged on probation or conditional discharge 174
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pursuant to subsection (a) or (b) of this section. In lieu of such 175
appearance, the victim may submit a written statement to the court or 176
judge and the court or judge shall make such statement a part of the 177
record at the hearing. For the purposes of this subsection, "victim" 178
means the victim, the legal representative of the victim or a member of 179
the deceased victim's immediate family. 180
(g) (1) Any defendant filing a motion for sentence modification 181
pursuant to subsections (a) and (b) of this section shall have the 182
opportunity to present evidence demonstrating that (A) the defendant 183
is a survivor of domestic violence, sexual assault, stalking or trafficking 184
in persons, and (B) domestic violence, sexual assault, stalking or 185
trafficking in persons was a significant contributing factor in the 186
commission of the offense. 187
(2) When possible, any motion for sentence modification under this 188
subsection shall be heard by the original sentencing judge. If the original 189
sentencing judge no longer serves within the judicial district in which 190
the original sentence was imposed, the motion shall be randomly 191
assigned to another judge in the judicial district in which the original 192
sentence was imposed. A defendant is not eligible to make a motion 193
under this subsection if such defendant was sentenced in accordance 194
with subsection (b) of section 53a-35a, as amended by this act. 195
(3) For purposes of this subsection "survivor", "domestic violence", 196
"sexual assault", "stalking", "trafficking in persons" and "significant 197
contributing factor" have the same meaning as provided in subsection 198
(b) of section 53a-35a, as amended by this act. 199
(4) Any defendant seeking consideration pursuant to this subsection 200
shall provide the court at least two pieces of documented proof 201
corroborating that the defendant is a survivor of domestic violence, 202
sexual assault, stalking or trafficking in persons that may include, but 203
need not be limited to, a signed affidavit attesting to subparagraphs (A) 204
and (B) of subdivision (1) of this subsection; a court record; social 205
services record; hospital record; law enforcement record; restraining 206
order or protective order pursuant to section 46b-15, 46b-16a or 46b-38c, 207
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subsection (f) of section 53a -28 or section 53a -40e or 54-1k, or a foreign 208
order of protection, as defined in section 46b-15a; sworn statement from 209
a person with direct knowledge or other credible evidence of the 210
domestic violence, sexual assault, stalking or trafficking in persons; 211
documentation including written documents, photographs, text 212
messages, electronic mail, videos, and audio recordings submitted 213
pursuant to the rules of the court and tending to support the claims of 214
the defendant; records provided by a licensed medical care provider or 215
mental health care provider; or sworn statements from a member of the 216
clergy, an attorney or a social worker, a teacher or other school 217
professional, or a domestic violence counselor or sexual assault 218
counselor, each as defined in section 52 -146k, or other advocate acting 219
on behalf of a survivor of domestic violence, sexual assault, stalking or 220
trafficking in persons. Any defendant who complies with this 221
subdivision shall be granted a hearing pursuant to this section. 222
(5) At a hearing held under this section, the court may take testimony 223
from witnesses offered by the state or defense, consider oral and written 224
arguments and consider any other evidence relevant to the court's 225
finding of whether domestic violence, sexual assault, stalking or 226
trafficking in persons was a significant contributing factor in the 227
commission of the defendant's offense. Reliable hearsay shall be 228
admissible for purposes of this subsection. The court may determine 229
that violence or abuse the defendant suffered due to being subjected to 230
domestic violence, sexual assault, stalking or trafficking in persons was 231
a significant contributing factor to the offense regardless of whether the 232
defendant had previously raised evidence of domestic violence, sexual 233
assault, stalking or trafficking in persons during the defendant's trial, 234
plea negotiations or sentencing hearing. 235
(6) Regardless of whether the defendant is subject to a mandatory 236
minimum sentence, if the court finds by clear and convincing evidence 237
that (A) the defendant is a survivor of domestic violence, sexual assault, 238
stalking or trafficking in persons, and (B) domestic violence, sexual 239
assault, stalking or trafficking in persons was a significant contributing 240
factor in the commission of the offense, the court may reduce the 241
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sentence in accordance with subdivision (5) of subsection (b) of section 242
53a-35a, as amended by this act. 243
(7) The court may waive the timeline under subsection (c) of this 244
section if the defendant presents new evidence or shows good cause for 245
delay in presenting evidence. 246
(8) If the court finds that such defendant has not met the requirements 247
to apply for relief as provided for in subdivision (1) of this subsection, 248
the court shall notify the defendant and deny such defendant's request 249
without prejudice. 250
(9) Nothing in this subsection shall preclude a defendant from 251
seeking or obtaining relief under section 51-195, 51-196, 54-95c, 54-125a, 252
as amended by this act, or 54-130a, as amended by this act, or any other 253
statute pertaining to sentence reduction relief. 254
Sec. 3. Section 54 -125a of the general statutes is repealed and the 255
following is substituted in lieu thereof (Effective January 1, 2027): 256
(a) A person convicted of one or more crimes who is incarcerated on 257
or after October 1, 1990, who received a definite sentence or total 258
effective sentence of more than two years, and who has been confined 259
under such sentence or sentences for not less than one -half of the total 260
effective sentence less any risk reduction credit earned under the 261
provisions of section 18 -98e or one -half of the most recent sentence 262
imposed by the court less any risk reduction credit earned under the 263
provisions of section 18-98e, whichever is greater, may be allowed to go 264
at large on parole (1) in accordance with the provisions of section 54 -265
125i, or (2) in the discretion of a panel of the Board of Pardons and 266
Paroles, if (A) it appears from all available information, including any 267
reports from the Commissioner of Correction that the panel may 268
require, that there is a reasonable probability that such inmate will live 269
and remain at liberty without violating the law, and (B) such release is 270
not incompatible with the welfare of society. At the discretion of the 271
panel, and under the terms and conditions as may be prescribed by the 272
panel including requiring the parolee to submit personal reports, the 273
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parolee shall be allowed to return to the parolee's home or to reside in a 274
residential community center, or to go elsewhere. The parolee shall, 275
while on parole, remain under the jurisdiction of the board until the 276
expiration of the maximum term or terms for which the parolee was 277
sentenced less any risk reduction credit earned under the provisions of 278
section 18-98e. Any parolee released on the condition that the parolee 279
reside in a residential community center may be required to contribute 280
to the cost incidental to such residence. Each order of parole shall fix the 281
limits of the parolee's residence, which may be changed in the discretion 282
of the board and the Commissioner of Correction. Within three weeks 283
after the commitment of each person sentenced to more than two years, 284
the state's attorney for the judicial district shall send to the Board of 285
Pardons and Paroles the record, if any, of such person. 286
(b) (1) No person convicted of any of the following offenses, which 287
was committed on or after July 1, 1981, shall be eligible for parole under 288
subsection (a) of this section: (A) Capital felony, as provided under the 289
provisions of section 53a-54b in effect prior to April 25, 2012, (B) murder 290
with special circumstances, as provided under the provisions of section 291
53a-54b in effect on or after April 25, 2012, (C) felony murder, as 292
provided in section 53a -54c, (D) arson murder, as provided in section 293
53a-54d, (E) murder, as provided in section 53a -54a, or (F) aggravated 294
sexual assault in the first degree, as provided in section 53a -70a. (2) A 295
person convicted of (A) a violation of section 53a -100aa or 53a -102, or 296
(B) an offense, other than an offense specified in subdivision (1) of this 297
subsection, where the underlying facts and circumstances of the offense 298
involve the use, attempted use or threatened use of physical force 299
against another person shall be ineligible for parole under subsection (a) 300
of this section until such person has served not less than eighty-five per 301
cent of the definite sentence imposed. 302
(c) The Board of Pardons and Paroles shall, not later than July 1, 1996, 303
adopt regulations in accordance with chapter 54 to ensure that a person 304
convicted of an offense described in subdivision (2) of subsection (b) of 305
this section is not released on parole until such person has served eighty-306
five per cent of the definite sentence imposed by the court. Such 307
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regulations shall include guidelines and procedures for classifying a 308
person as a violent offender that are not limited to a consideration of the 309
elements of the offense or offenses for which such person was convicted. 310
(d) The Board of Pardons and Paroles may hold a hearing to 311
determine the suitability for parole release of any person whose 312
eligibility for parole release is not subject to the provisions of subsection 313
(b) of this section upon completion by such person of seventy -five per 314
cent of such person's definite or total effective sentence less any risk 315
reduction credit earned under the provisions of section 18 -98e. An 316
employee of the board or, if deemed necessary by the chairperson, a 317
panel of the board shall assess the suitability for parole release of such 318
person based on the following standards: (1) Whether there is 319
reasonable probability that such person will live and remain at liberty 320
without violating the law, and (2) whether the benefits to such person 321
and society that would result from such person's release to community 322
supervision substantially outweigh the benefits to such person and 323
society that would result from such person's continued incarceration . 324
The board shall give substantial weight to any evidence that (A) such 325
person is a survivor of domestic violence, sexual assault, stalking or 326
trafficking in persons, as defined in subsection (b) of section 53a-35a, as 327
amended by this act, and (B) their experiences of domestic violence, 328
sexual assault, stalking or trafficking in persons were a significant 329
contributing factor to the commission of the offense. If a hearing is held, 330
and if the board determines that continued confinement is necessary, 331
the board shall articulate for the record the specific reasons why such 332
person and the public would not benefit from such person serving a 333
period of parole supervision while transitioning from incarceration to 334
the community. If a hearing is not held, the board shall document the 335
specific reasons for not holding a hearing and provide such reasons to 336
such person. No person shall be released on parole without receiving a 337
hearing. The decision of the board under this subsection shall not be 338
subject to appeal. 339
(e) The Board of Pardons and Paroles may hold a hearing to 340
determine the suitability for parole release of any person whose 341
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eligibility for parole release is subject to the provisions of subdivision 342
(2) of subsection (b) of this section upon completion by such person of 343
eighty-five per cent of such person's definite or total effective sentence. 344
An employee of the board or, if deemed necessary by the chairperson, a 345
panel of the board shall assess the suitability for parole release of such 346
person based on the following standards: (1) Whether there is a 347
reasonable probability that such person will live and remain at liberty 348
without violating the law, and (2) whether the benefits to such person 349
and society that would result from such person's release to community 350
supervision substantially outweigh the benefits to such person and 351
society that would result from such person's continued incarceration. 352
The board shall give substantial weight to any evidence that (A) such 353
person is a survivor of domestic violence, sexual assault, stalking or 354
trafficking in persons, as defined in subsection (b) of section 53a-35a, as 355
amended by this act, and (B) their experiences of domestic violence, 356
sexual assault, stalking or trafficking in persons were a significant 357
contributing factor to the commission of the offense. If a hearing is held, 358
and if the board determines that continued confinement is necessary, 359
the board shall articulate for the record the specific reasons why such 360
person and the public would not benefit from such person serving a 361
period of parole supervision while transitioning from incarceration to 362
the community. No hearing pursuant to the provisions of this 363
subsection may proceed unless the parole release panel is in possession 364
of the complete file for such applicant, including any documentation 365
from the Department of Correction, the trial transcript, the sentencing 366
record and any file of any previous parole hearing. Each member of the 367
panel shall certify that all such documentation has been reviewed in 368
preparation for such hearing. If a hearing is not held, the board shall 369
document the specific reasons for not holding a hearing and provide 370
such reasons to such person. No person shall be released on parole 371
without receiving a hearing. The decision of the board under this 372
subsection shall not be subject to appeal. 373
(f) (1) Notwithstanding the provisions of subsections (a) to (e), 374
inclusive, of this section, a person convicted of one or more crimes 375
committed while such person was under eighteen years of age, who is 376
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incarcerated on or after October 1, 2015, and who received a definite 377
sentence or total effective sentence of more than ten years for such crime 378
or crimes prior to, on or after October 1, 2015, may be allowed to go at 379
large on parole in the discretion of the panel of the Board of Pardons 380
and Paroles for the institution in which such person is confined, 381
provided (A) if such person is serving a sentence of fifty years or less, 382
such person shall be eligible for parole after serving sixty per cent of the 383
sentence or twelve years, whichever is greater, or (B) if such person is 384
serving a sentence of more than fifty years, such person shall be eligible 385
for parole after serving thirty years. Nothing in this subsection shall 386
limit a person's eligibility for parole release under the provisions of 387
subsections (a) to (e), inclusive, of this section if such person would be 388
eligible for parole release at an earlier date under any of such provisions. 389
(2) The board shall apply the parole eligibility rules of this subsection 390
only with respect to the sentence for a crime or crimes committed while 391
a person was under eighteen years of age. Any portion of a sentence that 392
is based on a crime or crimes committed while a person was eighteen 393
years of age or older shall be subject to the applicable parole eligibility, 394
suitability and release rules set forth in subsections (a) to (e), inclusive, 395
of this section. 396
(3) Whenever a person becomes eligible for parole release pursuant 397
to this subsection, the board shall hold a hearing to determine such 398
person's suitability for parole release. At least twelve months prior to 399
such hearing, the board shall notify the office of Chief Public Defender, 400
the appropriate state's attorney, the Victim Services Unit within the 401
Department of Correction, the Office of the Victim Advocate and the 402
Office of Victim Services within the Judicial Department of such 403
person's eligibility for parole release pursuant to this subsection. The 404
office of Chief Public Defender shall assign counsel for such person 405
pursuant to section 51-296 if such person is indigent. At any hearing to 406
determine such person's suitability for parole release pursuant to this 407
subsection, the board shall permit (A) such person to make a statement 408
on such person's behalf, (B) counsel for such person and the state's 409
attorney to submit reports and other documents, and (C) any victim of 410
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the crime or crimes to make a statement pursuant to section 54-126a. The 411
board may request testimony from mental health professionals or other 412
relevant witnesses, and reports from the Commissioner of Correction or 413
other persons, as the board may require. The board shall use validated 414
risk assessment and needs assessment tools and its risk -based 415
structured decision making and release criteria established pursuant to 416
subsection (d) of section 54-124a in making a determination pursuant to 417
this subsection. 418
(4) After such hearing, the board may allow such person to go at large 419
on parole with respect to any portion of a sentence that was based on a 420
crime or crimes committed while such person was under eighteen years 421
of age if the board finds that such parole release would be consistent 422
with the factors set forth in subdivisions (1) to (4), inclusive, of 423
subsection (c) of section 54 -300 and if it appears, from all available 424
information, including, but not limited to, any reports from the 425
Commissioner of Correction, that (A) there is a reasonable probability 426
that such person will live and remain at liberty without violating the 427
law, (B) the benefits to such person and society that would result from 428
such person's release to community supervision substantially outweigh 429
the benefits to such person and society that would result from such 430
person's continued incarceration, and (C) such person has demonstrated 431
substantial rehabilitation since the date such crime or crimes were 432
committed considering such person's character, background and 433
history, as demonstrated by factors, including, but not limited to, such 434
person's correctional record, the age and circumstances of such person 435
as of the date of the commission of the crime or crimes, whether (i) such 436
person is a survivor of domestic violence, sexual assault, stalking or 437
trafficking in persons, as defined in subsection (b) of section 53a-35a, as 438
amended by this act, and (ii) their experiences of domestic violence, 439
sexual assault, stalking or trafficking in persons were a significant 440
contributing factor to the commission of the offense, whether such 441
person has demonstrated remorse and increased maturity since the date 442
of the commission of the crime or crimes, such person's contributions to 443
the welfare of other persons through service, such person's efforts to 444
overcome substance abuse, addiction, trauma, lack of education or 445
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obstacles that such person may have faced as a child or youth in the 446
adult correctional system, the opportunities for rehabilitation in the 447
adult correctional system, whether the person has also applied for or 448
received a sentence modification and the overall degree of such person's 449
rehabilitation considering the nature and circumstances of the crime or 450
crimes. 451
(5) After such hearing, the board shall articulate for the record its 452
decision and the reasons for its decision. If the board determines that 453
continued confinement is necessary, the board may reassess such 454
person's suitability for a new parole hearing at a later date to be 455
determined at the discretion of the board, but not earlier than two years 456
after the date of its decision. 457
(6) The decision of the board under this subsection shall not be subject 458
to appeal. 459
(g) (1) Notwithstanding the provisions of subsections (a) to (f), 460
inclusive, of this section, a person convicted of one or more crimes 461
committed while such person was under twenty-one years of age, who 462
was sentenced on or before October 1, 2005, and who received a definite 463
sentence or total effective sentence of more than ten years' incarceration 464
for such crime or crimes committed on or before October 1, 2005, may 465
be allowed to go at large on parole in the discretion of the panel of the 466
Board of Pardons and Paroles for the institution in which such person is 467
confined, provided (A) if such person is serving a sentence of fifty years 468
or less, such person shall be eligible for parole after serving sixty per 469
cent of the sentence or twelve years, whichever is greater, or (B) if such 470
person is serving a sentence of more than fifty years, such person shall 471
be eligible for parole after serving thirty years. Nothing in this 472
subsection shall limit a person's eligibility for parole release under the 473
provisions of subsections (a) to (f), inclusive, of this section if such 474
person would be eligible for parole release at an earlier date under any 475
of such provisions. 476
(2) The board shall apply the parole eligibility rules of this subsection 477
only with respect to the sentence for a crime or crimes committed while 478
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a person was under twenty-one years of age. Any portion of a sentence 479
that is based on a crime or crimes committed while a person was twenty-480
one years of age or older shall be subject to the applicable parole 481
eligibility, suitability and release rules set forth in subsections (a) to (e), 482
inclusive, of this section. 483
(3) Whenever a person becomes eligible for parole release pursuant 484
to this subsection, the board shall hold a hearing to determine such 485
person's suitability for parole release. At least twelve months prior to 486
such hearing, the board shall notify the office of Chief Public Defender, 487
the appropriate state's attorney, the Victim Services Unit within the 488
Department of Correction, the Office of the Victim Advocate and the 489
Office of Victim Services within the Judicial Department of such 490
person's eligibility for parole release pursuant to this subsection. The 491
office of Chief Public Defender shall assign counsel for such person 492
pursuant to section 51-296 if such person is indigent. At any hearing to 493
determine such person's suitability for parole release pursuant to this 494
subsection, the board shall permit (A) such person to make a statement 495
on such person's behalf, (B) counsel for such person and the state's 496
attorney to submit reports and other documents, and (C) any victim of 497
the crime or crimes to make a statement pursuant to section 54-126a. The 498
board may request testimony from mental health professionals or other 499
relevant witnesses, and reports from the Commissioner of Correction or 500
other persons, as the board may require. The board shall use validated 501
risk assessment and needs assessment tools and its risk -based 502
structured decision making and release criteria established pursuant to 503
subsection (d) of section 54-124a in making a determination pursuant to 504
this subsection. 505
(4) After such hearing, the board may allow such person to go at large 506
on parole with respect to any portion of a sentence that was based on a 507
crime or crimes committed while such person was under twenty-one 508
years of age, if the board finds that such parole release would be 509
consistent with the factors set forth in subdivisions (1) to (4), inclusive, 510
of subsection (c) of section 54 -300 and if it appears, from all available 511
information, including, but not limited to, any reports from the 512
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Commissioner of Correction, that (A) there is a reasonable probability 513
that such person will live and remain at liberty without violating the 514
law, (B) the benefits to such person and society that would result from 515
such person's release to community supervision substantially outweigh 516
the benefits to such person and society that would result from such 517
person's continued incarceration, and (C) such person has demonstrated 518
substantial rehabilitation since the date such crime or crimes were 519
committed considering such person's character, background and 520
history, as demonstrated by factors, including, but not limited to, such 521
person's correctional record, the age and circumstances of such person 522
as of the date of the commission of the crime or crimes, whether (i) such 523
person is a survivor of domestic violence, sexual assault, stalking or 524
trafficking in persons, as defined in subsection (b) of section 53a-35a, as 525
amended by this act, and (ii) their experiences of domestic violence, 526
sexual assault, stalking or trafficking in persons were a significant 527
contributing factor to the commission of the offense, whether such 528
person has demonstrated remorse and increased maturity since the date 529
of the commission of the crime or crimes, such person's contributions to 530
the welfare of other persons through service, such person's efforts to 531
overcome substance abuse, addiction, trauma, lack of education or 532
obstacles that such person may have faced as a person who was under 533
twenty-one years of age in the adult correctional system, the 534
opportunities for rehabilitation in the adult correctional system, 535
whether the person has also applied for or received a sentence 536
modification and the overall degree of such person's rehabilitation 537
considering the nature and circumstances of the crime or crimes. 538
(5) After such hearing, the board shall articulate for the record its 539
decision and the reasons for its decision. If the board determines that 540
continued confinement is necessary, the board may reassess such 541
person's suitability for a new parole hearing at a later date to be 542
determined at the discretion of the board, but not earlier than two years 543
after the date of its decision. 544
(6) The decision of the board under this subsection shall not be subject 545
to appeal. 546
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(h) Any person released on parole under this section shall remain in 547
the custody of the Commissioner of Correction and be subject to 548
supervision by personnel of the Department of Correction during such 549
person's period of parole. 550
Sec. 4. Section 54 -130a of the general statutes is repealed and the 551
following is substituted in lieu thereof (Effective January 1, 2027): 552
(a) Jurisdiction over the granting of, and the authority to grant, 553
commutations of punishment or releases, conditioned or absolute, in the 554
case of any person convicted of any offense against the state and 555
commutations from the penalty of death shall be vested in the Board of 556
Pardons and Paroles. 557
(b) The board shall have authority to grant pardons, conditioned, 558
provisional or absolute, or certificates of rehabilitation for any offense 559
against the state at any time after the imposition and before or after the 560
service of any sentence. 561
(c) The board may accept an application for a pardon three years after 562
an applicant's conviction of a misdemeanor or violation and five years 563
after an applicant's conviction of a felony, except that the board, upon a 564
finding of extraordinary circumstances, may accept an application for a 565
pardon prior to such dates. 566
(d) Prior to holding a session to consider whether to grant any 567
commutation of punishment, release or pardon in the case of any person 568
convicted of any offense against the state, the board shall, upon written 569
request, provide the state's attorney for the jurisdictional district in 570
which any conviction for such offense was obtained with a copy of the 571
convicted person's application, any materials and documentation filed 572
in support thereof, except for any information contained in the 573
application, materials and documentation that are confidential, 574
privileged and nondisclosable pursuant to state or federal law, any 575
information obtained by the board about the convicted person pursuant 576
to section 54-130c, and shall permit such state's attorney, or such state's 577
attorney's designee, to appear at such session for the purpose of making 578
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a statement for the record concerning whether the convicted person 579
should be granted any such commutation of punishment, release or 580
pardon. 581
(e) When reviewing the application for a pardon, the board shall give 582
substantial weight to any evidence that (1) such person is a survivor of 583
domestic violence, sexual assault, stalking or trafficking in persons, as 584
defined in subsection (b) of section 53a-35a, as amended by this act, and 585
(2) their experiences of domestic violence, sexual assault, stalking or 586
trafficking in persons were a significant contributing factor to the 587
commission of the offense. 588
[(e)] (f) Whenever the board grants an absolute pardon to any person, 589
the board shall cause notification of such pardon to be made in writing 590
to the clerk of the court in which such person was convicted, or the 591
Office of the Chief Court Administrator if such person was convicted in 592
the Court of Common Pleas, the Circuit Court, a municipal court, or a 593
trial justice court. 594
[(f)] (g) Whenever the board grants a provisional pardon or a 595
certificate of rehabilitation to any person, the board shall cause 596
notification of such provisional pardon or certificate of rehabilitation to 597
be made in writing to the clerk of the court in which such person was 598
convicted. The granting of a provisional pardon or a certificate of 599
rehabilitation does not entitle such person to erasure of the record of the 600
conviction of the offense or relieve such person from disclosing the 601
existence of such conviction as may be required. 602
[(g)] (h) In the case of any person convicted of a violation for which a 603
sentence to a term of imprisonment may be imposed, the board shall 604
have authority to grant a pardon, conditioned, provisional or absolute, 605
or a certificate of rehabilitation in the same manner as in the case of any 606
person convicted of an offense against the state. 607
[(h)] (i) The board shall not deny any application for a pardon, unless 608
the board provides a statement in writing to the applicant of the factors 609
considered when determining whether the applicant qualified for the 610
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pardon and an explanation as to which factors were not satisfied. 611
Sec. 5. (NEW) ( Effective January 1, 2027 ) Not later than February 15, 612
2028, and annually thereafter, the Judicial Branch shall report on its 613
Internet web site information from the previous calendar year relevant 614
to sentencing relief provided on the basis that domestic violence, sexual 615
assault, stalking or trafficking in persons was found to be a significant 616
contributing factor to the commission of a defendant's offense, 617
including, but not limited to, (1) the number of cases in each judicial 618
district that were granted a lesser sentence pursuant to subsection (b) of 619
section 53a-35a of the general statutes, as amended by this act, (2) the 620
number of cases in each judicial district for which there was an 621
application for sentencing modification pursuant to subsection (g) of 622
section 53a-39 of the general statutes, as amended by this act, and (3) the 623
number of cases in each judicial district granted sentencing modification 624
pursuant to subsection (g) of section 53a -39 of the general statutes, as 625
amended by this act. 626
This act shall take effect as follows and shall amend the following
sections:

Section 1 January 1, 2027 53a-35a
Sec. 2 January 1, 2027 53a-39
Sec. 3 January 1, 2027 54-125a
Sec. 4 January 1, 2027 54-130a
Sec. 5 January 1, 2027 New section

JUD Joint Favorable Subst.

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sHB5306 / File No. 598 21

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any pur pose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $
Correction, Dept. GF - Savings Minimal Minimal
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill, which establishes a process for certain offenders to apply for
a reduced sentence or a sentence modification, results in a potential
savings to the Department of Correction to the extent there is a
reduction in incarceration. On average, the marginal cost to the state for
incarcerating an offender for the year is $3,300.1
The bill also (1) requires the Board of Pardons and Paroles to consider
whether an applicant for pardon or parole is a domestic violence, sexual
assault, stalking, or human trafficking survivor and that experience was
a significant contributing factor in committing the offense and (2)
requires the Judicial Departm ent to annually report on the sentencing
relief provided under the bill’s provisions. These provisions result in no
fiscal impact because the affected agencies have the capacity and
expertise to meet the bill's requirements.

1 Inmate marginal cost is based on increased consumables (e.g., food, clothing, water,
sewage, living supplies, etc.) This does not include a change in staffing costs or utility
expenses because these expenses would only be realized if a unit or facility op ened.
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The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to the extent to which sentences are
reduced or modified.

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sHB5306 / File No. 598 23

OLR Bill Analysis
sHB 5306

AN ACT CONCERNING SENTENCE REDUCTION OR RELIEF FOR
SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT,
STALKING OR HUMAN TRAFFICKING.

SUMMARY
This bill establishes a process by which a defendant found guilty of a
felony offense may get a reduced sentence or a sentence modification
due to being a domestic violence, sexual assault, stalking, or human
trafficking survivor if the experience was a si gnificant contributing
factor in committing the offense (see BACKGROUND).
Under the bill, the defendant must give the court documented proof
to corroborate their survivor status and the court must make its
determination for a reduced or modified sentence on these grounds by
clear and convincing evidence. The bill specifies the new sentences that
apply, even if existing law sets a mandatory minimum for an offense. It
(1) requires the court to deny a defendant’s motion without prejudice if
it does not meet the requirements for applying for the reduction or
modification and (2) spec ifies that its provisions do not prevent a
defendant from seeking relief under other specified laws for sentence
reduction relief.
Relatedly, the bill requires the Board of Pardons and Paroles (BPP),
when reviewing certain requests for parole or a pardon, to consider
whether the applicant is a domestic violence, sexual assault, stalking, or
human trafficking survivor and that experience was a significant
contributing factor in committing the offense. For pardon applicants
and parole applicants who have completed at least 75% or 85% of their
sentence (depending on the type of crime committed), BPP must give
substantial weight to evidenc e supporting these facts. For eligible
underage offenders, the survivor status and experience are new factors
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sHB5306 / File No. 598 24

for BPP to weigh when considering if an offender has shown substantial
rehabilitation since the crime, which is one of the criteria an offender
must meet for parole (see BACKGROUND).
Lastly, the bill requires the judicial branch, beginning by February 15,
2028, to annually report on the sentencing relief provided under the
bill’s provisions. The report must include how many cases in each
judicial district (1) were granted a lesser sentence, (2) had an application
for a sentencing modification, and (3) were granted a modification. The
reports must be for the prior calendar year and posted on the branch’s
website.
EFFECTIVE DATE: January 1, 2027
SIGNIFICANT CONTRIBUTING FACTOR
Under the bill, a “significant contributing factor” is something that
made it substantially likely that the survivor’s abuse influenced the
commission of the crime, but was not necessarily the only or overriding
factor that led up to an offense. The court determines if the abuse was a
significant contributing factor, and the bill allows it to consider both the
abuse’s cumulative impact and the events immediately surrounding the
crime.
SENTENCE REDUCTION
Under the bill, if a court receives a motion, before sentencing, for a
reduced sentence and finds by clear and convincing evidence that
domestic violence, sexual assault, stalking, or trafficking was a
significant contributing factor in committing the offense, it may impose
a reduced sentence, up to the maximum sentence as specified in the
below table. The bill requires the court to state on the record that this
was done.
Table: Existing Law’s Sentencing and the Bill’s Reduced Sentencing
Existing Law’s Sentence The Bill’s Maximum Reduced Sentence
Life imprisonment without possibility of
release 30 years’ imprisonment
At least 50 years’ imprisonment, but not life 25 years’ imprisonment
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Existing Law’s Sentence The Bill’s Maximum Reduced Sentence
imprisonment without possibility of release
At least 40, but less than 50, years’
imprisonment 20 years’ imprisonment
At least 30, but less than 40, years’
imprisonment 15 years’ imprisonment
At least 25, but less than 30, years’
imprisonment 12.5 years’ imprisonment
At least 20, but less than 25, years’
imprisonment 10 years’ imprisonment
At least 10, but less than 20, years’
imprisonment Five years’ imprisonment At least five, but less than 10, years’
imprisonment
At least three, but less than five, years’
imprisonment 18 months’ imprisonment

The bill requires a defendant applying for this relief to give the court
at least two pieces of documented proof that corroborate the defendant’s
status as a survivor as described under the bill. This proof may include
things like the following:
1. a signed affidavit attesting to the defendant’s survivor status and
that their experience was a significant contributing factor in
committing the offense;
2. a sworn statement from someone with direct knowledge or other
reliable evidence of the defendant’s experience with domestic
violence, sexual assault, stalking, or trafficking;
3. a court, social services, hospital, or law enforcement record;
4. a restraining or protective order or a foreign order of protection;
5. documentation submitted under court rules that tends to support
the defendant’s claims, including written documents, photos,
text messages, emails, videos, and audio recordings;
6. records from a licensed medical or mental health care provider;
or
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7. sworn statements from a clergy member, attorney, social worker,
teacher or other school professional, domestic violence or sexual
assault counselor, or other advocate on the defendant’s behalf.
The bill also allows the court to consider (1) testimony from
prosecution or defense witnesses; (2) oral and written arguments; and
(3) any other evidence that is relevant to determining if the domestic
violence, sexual assault, stalking, or trafficking wa s a significant
contributing factor to the defendant’s committing the offense. It makes
reliable hearsay evidence admissible for this purpose.
SENTENCE MODIFICATION
Existing law allows a sentencing court or judge to reduce a sentence,
order the defendant discharged, or order the defendant discharged on
probation or conditional discharge, for good cause.
The bill generally allows defendants to file a motion for a sentence
modification based on being a domestic violence, sexual assault,
stalking, or human trafficking survivor and the associated experience
being a significant contributing factor to committin g the offense for
which they are incarcerated. Defendants may do this even if they did
not raise evidence of the domestic violence, sexual assault, stalking, or
trafficking at trial, in plea negotiations, or at sentencing. The
modification request, however, is unavailable to defendants who were
originally sentenced under the bill’s reduced sentencing on the same
grounds.
Under the bill, a defendant must have an opportunity to present
evidence that shows these facts and, if possible, this must happen before
the original sentencing judge. If that judge no longer serves in the
judicial district of the original sentence, the m atter must be randomly
assigned to another judge in the district.
The bill requires the defendant to give the court at least two of the
same types of documented proof that it requires for a sentence reduction
(see above, such as a court, social services, hospital, or law enforcement
record, or certain sworn statements). It also similarly allows the court at
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sHB5306 / File No. 598 27

the modification hearing to take testimony from the state’s or defense’s
witnesses, consider oral and written arguments and any other relevant
evidence, including reliable hearsay.
As with a sentence reduction, the bill requires the court to make its
finding for a sentence modification by clear and convincing evidence. It
also aligns the modification with the bill’s reduced sentencing lengths
(see above table) and requires the court to notify the defendant and deny
the motion without prejudice if it does not meet the requirements for the
modification.
Under the bill, a court may waive existing law’s time restriction on
filing another modification motion if the defendant presents new
evidence or shows good cause for a delay in doing so.
BACKGROUND
Definitions
By law and for the bill’s purposes, “domestic violence” generally
includes with respect to a family or household member (1) a continuous
threat of present physical pain or injury; (2) stalking; (3) a pattern of
threating; or (4) coercive control, which is a behavior pattern that
unreasonably interferes with free will and personal liberty (CGS § 46b -
1).
The sexual assault crimes applicable to the bill generally involve (1)
compelling another person to engage in sexual intercourse or contact by
force, fear, or without consent or (2) subjecting another person to sexual
contact and the parties are minors of certain ages or have some
professional relationship (such as therapist/patient or school
employee/student). There are more severe associated criminal classes
and penalties based on things such as the age of the victim, death of the
victim, use of weapons, committing other crimes in order to commit the
offense, or help by additional individuals (CGS § 54-240).
“Stalking” generally involves engaging in a course of conduct
towards or about a specific person that would cause a reasonable person
to fear for their physical safety, have emotional distress, or fear the
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injury or death of their animal. It also includes engaging in a course of
conduct, with intent to harass or scare a specific person and for no
legitimate purpose, that (1) would cause a reasonable person to fear the
loss of their job, business, or career o r (2) electronically discloses
personally identifiable information without consent that would cause a
reasonable person to fear for their physical safety or have emotional
distress. There are separate criminal classes and penalties, based on
things like th e intentionality, previous convictions of the same crime
type, and the ages of the parties involved. Electronic stalking is a specific
form of stalking (CGS §§ 53a-181c to -181f).
“Trafficking in persons” (human trafficking) generally occurs when
someone knowingly uses fraud, coercion, or force (including a threat of
force) to compel or induce another person to (1) engage in sexual contact
with others or (2) provide labor or services that the person has a right to
not do. It also includes (1) compelling or inducing a minor to engage in
sexual conduct with another person for which that other person could
be charged with a crime; (2) otherwise committing a sex trafficking act;
or (3) a criminal violation of federal law against involuntary servitude,
slavery, and human trafficking (CGS § 53a-192a, 18 U.S.C. § 1581 et seq.).
Parole for Underage Offenders
The law sets alternative parole eligibility rules for someone who (1)
committed a crime when he or she was under age 18 and (2) received a
sentenced of more than 10 years . These rules apply to offenders
incarcerated on or after October 1, 20 15, regardless of the date of the
crime or the offender’s sentencing. The law similarly extends these
alternate rules to a sentence for crimes committed on or before October
1, 2005, and the person was (1) under age 21 when they committed the
crime and (2) received a sentence of more than 10 years.
In general, these offenders must show BPP that (1) there is a
reasonable probability that they will not reoffend; (2) the benefits of
releasing them would substantially outweigh benefits of keeping them
in prison; and (3) they have substantially rehabilitated since their crime,
evidenced by such things as their correctional record, being remorseful,
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sHB5306 / File No. 598 29

performing service, maturing, and taking efforts to overcome substance
abuse, trauma, or educational deficiencies.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 24 Nay 11 (03/24/2026)