Total
Total
Act
Bill
Number of Number of
Session
Number
Number Committee
House
Pages
Pages
PA 71-49
620
2
1
Judiciary 242-243
2
Senate
Pages:
House
Pages:
Committee Pages:
•
Total
Number
of Senate
Pages
•
1116
•
593-594
H-110
CONNECTICUT
GENERAL ASSEMBLY
HOUSE
PROCEEDINGS
1971
VOL. 14
PART 3
974-1450
1116
Wednesday, March 31, 1971
5
adr —
Items are, Calendar No. 197, Senate Bill No. 0109.
An
Act Concerning the Duties of the Veterans' Home and Hospital
Commission, Pile No. 82.
Calendar No. 198, Substitute Senate B i l l Noj
• An
Act Providing Flexibility to the Commissioner of Correction In
Responding to Writs of Habeas Corpus, File No. 41.
I move adoption and passage of these bills.
MR. SPEAKER:
May I indicate to the gentleman from the 95th, that
Calendar No. 198 has a Senate amendment and in moving its
adoption would you also move adoption of Senate Amendment
Schedule "A".
REPRESENTATIVE SARASIN:
Yes, I do sir.
MR. SPEAKER:
Is there objection of any individual member to consideration and passage of the bills indicated by the gentleman of
the 95th, including in the instance of Calendar No. 198, the
adoption of Senate Amendment Schedule "A".
on acceptance and passage.
saying "Aye".
If not, the question
All those in favor, Indicate by
Those opposed.
Bills are passed.
REPRESENTATIVE SARASIN:
Mr. Speaker, I move the following bills be placed on the (
Consent Calendar pursuant to Rule 48.
MR. SPEAKER:
Please proceed.
S-77
CONNECTICUT
GENERAL ASSEMBLY
SENATE
PROCEEDINGS
1971
VOL. 14
PART 2
474-956
JJu
Page 2k
March 23, 1971
of the Calendar may we take up Cal. No. 98.
THE CLERK:
Page 1, on your Calendar, second item from the top.
CAL. NO. 32.
File No. lj.IL. Favorable report of the Joint Standing Committee
on Judiciary.
Substitute for Senate Bill No. 620. An Act Providing Flex-
ibility to the Commissioner of Correction in Responding to Writs of Habeas
Corpus.
SENATOR JACKSON:
Mr. President, I move acceptance of the joint committee's favorable report and passage of the bill.
The Clerk has an amendment.
THE CLERK:
Senate Amendment Schedule "A: offered by Senator Jackson.
In line J+O, after the word, or insert, said Commisssioner with the
consent of another state or municpal agency may arrange.
In line Ul, strike out the word" another" and insert the word such
other.
SENATOR JACKSON:
Mr. President, this amendment makes it very clear the fact that the
Commissioner
of Correction has to obtain the consent of any other agency
if he is to place any prisoners in their custody.
The bill is originally
written was intended to require that consent be obtained but the point has
been raised that this might not be the case.
The amendment spells this out.
THE CHAIR:
Question is on passage of the amendment.
If not, all those
Will you remark further?
in favor of passage of the amendment, Senate Amendment
Schedule A, signify by saying, "aye".
Opposed, "nay".
The ayes have it.
tro.A
March 23, 1971
Page 25
The amendment Is carried.
The Chair rules that this is a technical amend-
ment and you may proceed with the bill.
SENATOR JACKSON:
Thank you, Mr. President.
Basically the bill provides that the Commiss-
ioner of Corrections shall have the power to give another state agency or
civic agency, such as the Police Department, the right to turn over prisoners
to them for transport ation to and from a correctional center and the court
1,
i
houses.
"What it basically will do is save the State approximately 20 thousam 1
dollars by allowing the state to cooperate with the local police department.
I believe it's a very good bill and I would urge its passage.
THE CHIAR:
Question Is on passage of the bill. Will you remark further?
If not,
all those in favor of passage of the bill signify by saying, "aye".
"nay".
The ayes have it.
Opposed,
The bill is passed.
THE CLERK:
Turn to page 2 of your Calendar.
Cal. No. 60.
File No.
mittee on Judiciary.
27.
Third item from the top.
Favorable report of the Joint Standing Com-
House Bill No. 72k9*
An Act Concerning Admissiblity
as Evidence of Business Entries and Photographic Copies.
SENATOR JACKSON:
Mr. President, I move acceptance of the joint committee's favorable report and passage of the bill.
This act amends 52180 of the General Statutes and allows original memoranda which are being held, now allows original memoranda which are being
held in the custodial officducial capacity to be destroyed if they have been
photographcaUy reproduced unless preservation is otherwise required by
JOINT
STANDING
COMMITTEE
HEARINGS
JUDICIARY
PART 1
1-392
1971
INDEX
*MZ
BC
TUESDAY
JUDICIARY COMMITTEE
FEBRUARY 23, 1971
the i n p r a c t i c e , regardless of how the law is written in p r a c t i c e , the capital p u n i s h m e n t i n f l i c t s , is inflicted far more frequently on the p o o r , far more frequently on the d i s a d v a n t a g e d , far more f r e g u e n t l y on
the m i n o r i t i e s . For e x a m p l e , from 1930 thru 1969 the
figures showed that 5 3 . 7 ^ of the persons e x e c u t e d by
capital p u n i s h m e n t were black so this is a pattern that
has shown up in all of the s t u d i e s . N o w , this Committee
has h e a r d , p r e d e c e s s o r s have heard testimony that shows
that there is a very serious question as to wheather
capital o u n i s h m e n t is in f a c t , a d e t e r r e n t .
This p a r t i c u l a r s i g n i f i c a n t , if it is shown as it is,
that the largest number of p e r s o n s who are actually executed throughout the c o u n t r y , under the various State
S t a t u t e s , are usually the most i l l i t e r a t e , the least
educated and therefore the p e r s o n s who have the least
likelihood to be deterred by k n o w l e d g e that is suppose
to be of some impending p u n i s h m e n t .
In f a c t , as I s t a t e , capital punishment as a w h o l e , is
widily v a r i e d , depends on the amount of the financial
standing of the oerson - the m a k e u p . For e x a m p l e , the
typical crime of p a s s i o n , the typical i n t e r - s p o u s e
m u r d e r , which is still the single most f r e q u e n t form of
h o m i c i d e , is very r a r e l y , very rarely a subject of
capital p u n i s h m e n t and yet this is the hot crime which
if a n y t h i n g , might be d e t e r r e d through an actual knowledge.
The rest of the p r e s e n t a t i o n , you have heard the statistics, I know in f a c t .
I u r g e you to even go b e y o n d the
statistics and talk about a civilized s o c i e t y .
I do not
think that it should be part of the m e a n u r e of a s o c i e t y ,
of its h u m a n i t a r i a n i s m to m a i n t a i n this as a m e a s u r e of
p u n i s h m e n t . T h e r e f o r e , I r e c o m m e n d to y o u , as an indicidual and as a spokesman for the A m e r i c a n C i v i l Liberties U n i o n that you act f a v o r a b l y on the S t a t u t e s
abolishing capital p u n i s h m e n t in this s t a t e . Thank y o u .
S e n . Jackson:
Commissioner
Manson.
M r . Manson:
John R . M a n s o n , C o m m i s s i o n e r of the D e p a r t m e n t
of C o r r e c t i o n . M r . C h a i r m a n , Members of the C o m m i t t e e ,
I would like to speak very b r i e f l y on S . B . # 6 2 0 , wh i ch
is titled P r o v i d i n g F l e x i b i l i t y to the C o m m i s s i o n e r .
S e n . Jackson:
C o u l d you speak up a little
bit.
7A3
30
RC
TUESDAY
JUDICIARY COMMITTEE
FEBRUARY 23 , 1971
Mr. Manson:
S o r r y . P r o v i d i n g Flexibility to the Commissioner
of C o r r e c t . o n in responding to Writs of Habeas Corpus.
StBf
# 6 2 Q - A N ACT C O N C E R N I N G PROVIDING FLESIB111TY TO THE
C O M M I S S I O N E R OF C O R R E C T I O N IN RESPONDING TO WRITS OF
HABEAS CORPUS.
In e f f e c t , what occurs now in many instances, we have
s i t u a t i o n s in m a n y of our correctional centers where
w e have an inmate who has to be brought to Court on a
w r i t of habeas c o r p u s . At the same time we have police
d e p a r t m e n t s but because of the way Section 7-1 35a is now
w r i t t e n , we must send Correctional Officers to that same
C o u r t with p e r h a p s one inmate while the Police Departm e n t is h e a d i n g in that direction.
I m u s t admit that we have received great co-operation from
a m a j o r i t y of the Police Departments, I do not want to
say we are b r e a k i n g the law, but on occasion, they have
c a r r i e d - t r a n s p o r t e d many of our inmates on writs of
h a b e a s c o r n u s . All I am asking is that by mearly modifying t h i s , w h e r e b y we are asking that any Police Department
that is w i l l i n g to do s o , may do so and cover the legal
r e q u i r e m e n t s of the s i g u a t i o n . It is something that would
s a v e us c o n s i d e r a b l e manpower and the custody factor would
be i d e n t i c a l .
I wou Id also
like to talk to S.B. #621 .
i
S . B . # 6 2 1 - AN ACT C O N C E R N I N G ESCAPE FROM, CUSTODY: CLASSIFICATION.
At this point in t i m e , what we are in effect saying to
i n m a t e s , is if you choose to attempt to escape, do it when
you are b e i n g transported one by one, by one Correctional
O f f i c e r u s u a l l y , to another institution, to a hospital,
to C o u r t , b e c a u s e the penality is, you are exposed to a
lesser p e n a l i t y if you choose to excape under those circumstances.
W e w o u l d ask under S . B . #621 that the penality for escaping
c u s t o d y away from t h e walls from institutions and the
p e n a l i t y for escape from within the walls of an institution
be the same degree so we do not offerthis king of encourage
m e n t . Thank y o u .
Sen. Rimer:
Senator Rimer from the 26th District
Commissioner
on a separate topic on this question of the abolishment of