by Viktoria Sundqvist CTNewsJunkie
HARTFORD, CT – Lawmakers are looking to expand a law that requires parole hearings for persons convicted of a serious crime prior to turning age 21.
Under Public Act, 23-169, which took effect on Oct. 1, 2023, any person serving a lengthy sentence for a crime committed before he or she reached the age of 21, and who was incarcerated on or after Oct. 1, 1990, has a right to a parole hearing after serving half or more of the sentence.
That law expanded on Public Act 15-84, enacted a decade ago, to include all persons who were 18-21 years of age at the time they committed an offense.
House Bill 7133, introduced by state Rep. Maryam Khan, D-Hartford, and discussed in the Judiciary Committee this week, would further expand the law to include all youths under age 21, regardless of when they were actually convicted of a crime, and allow them a chance at parole.
Deborah Del Prete Sullivan, legal counsel for the Office of the Chief Public Defender, said the amendment is consistent with fundamental fairness.
“By including ALL youth eligibility to age 21, this office believes that fairness will result where persons who committed a crime while their brain was not yet fully developed, can receive a ‘second look’ with the opportunity to demonstrate mitigation and why their youth should be considered,” Sullivan said in her submitted testimony.
She added: “The U.S. Supreme Court found that sentences of life imprisonment without the possibility of parole imposed on young people who committed certain offenses prior to the age of 18 was cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution because youth was not considered as a mitigating factor.”
Sullivan stressed, however, that a parole hearing is not a guarantee the person will be released.
Under the current law, the Board of Pardons and Parole must look at whether a person has been rehabilitated and whether it is reasonably probable he or she can remain free without violating the law. It must weigh the benefits of releasing the person or continuing the person’s incarceration both to the incarcerated person and to society at large.
Juan Vazquez, who had an ACLU representative read his written testimony during the public hearing Wednesday, said HB 7133 is more than just a bill.
“It’s a second chance,” he stated. “I am living proof of what redemption and opportunity can look like.”
Vazquez was recently released after serving 27 years and 7 months in prison. He now works as an alternative to incarceration and policy and community organizer at the New Britain Racial Justice Coalition and he mentors young people at the Boys and Girls Club.
“I believe in second chances because I’ve lived one,” he said. “And I am here to ask you to help extend that same chance to others who have earned it.”
Allowing people convicted as youth a chance at parole provides the opportunity to reunite families, rebuild communities, and invest in the future, as many who are released will find ways to give back to their communities, Vazquez said.
“These men are not threats; they are assets,” he said. “And just like me, they are ready to prove it.”
Natasha Pierre, the state victim advocate, said the ever-changing sentencing landscape in criminal cases has had, and will continue to have, a detrimental impact on victims of crime.
“Criminal justice system reforms must include meaningful protection of the interests and rights of crime victims to avoid harmful, unintended consequences,” Pierre testified. “Reform strategies should serve not only public safety and the interests of the accused, but must serve those personally harmed by crime.”
Pierre urged lawmakers to pause and conduct a 10-year study on the effectiveness of the most recent criminal justice reforms, including recidivism rates, before making any further changes.
The state’s Judicial Branch submitted testimony pointing out there would be significant fiscal impact if the law is expanded, but said it otherwise does not have a position on the bill itself.
Because the bill would significantly increase the number of offenders eligible for parole hearings, it would likely require additional victim services staff at the Board of Pardons and Paroles in order to provide services to victims in these additional eligible matters that come before the board, the Judicial Branch said in its testimony. It did not provide specifics on what such additional staff might cost.