CHAPTER 952*
PENAL CODE: OFFENSES

*Cited. 191 C. 73, 77. Cited. 192 C. 571, 573. Cited. 202 C. 629, 639, 641. Cited. 204 C. 630, 636. Cited. 209 C. 75, 93.
Person convicted, pursuant to chapter 359 (368p), to be sentenced in accordance with this chapter where no inconsistency results. 31 CS 350.

PART I*
DEFINITION AND CLASSIFICATION

*Secs. 53a-24−53a-27 cited. 27 CA 225, 232.

Sec. 53a-24. Offense defined. Application of sentencing provisions to motor vehicle and drug selling violators. (a) The term "offense" means any crime or violation which constitutes a breach of any law of this state or any other state, federal law or local law or ordinance of a political subdivision of this state, for which a sentence to a term of imprisonment or to a fine, or both, may be imposed, except one that defines a motor vehicle violation or is deemed to be an infraction. The term "crime" comprises felonies and misdemeanors. Every offense which is not a "crime" is a "violation". Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of sections 53a-28 to 53a-44, inclusive, shall apply to motor vehicle violations. Said provisions shall apply to convictions under section 21a-278 except that the execution of any mandatory minimum sentence imposed under the provisions of said section may not be suspended.
(1969, P.A. 828, S. 24; 1972, P.A. 294, S. 39; P.A. 75-380, S. 15; 75-577, S. 8, 126; P.A. 92-260, S. 8.)
History: 1972 act added provision in Subsec. (b) re applicability of Secs. 53a-28 to 53a-44 with respect to convictions under Sec. 19-480a; P.A. 75-380 amended Subsec. (a) to include breach of federal and other states' laws as offense; P.A. 75-577 included infractions in exception to "offense" definition in Subsec. (a); P.A. 92-260 made technical changes.
Cited. 166 C. 449. Cited. 209 C. 98, 125. Cited. 226 C. 191, 198, 199. Cited. 229 C. 716, 721.
Cited. 9 CA 686, 689−691, 693, 694, 699, 700, 716, 717, 720, 723, 726, 727. Cited. 24 CA 195, 210. Cited. 27 CA 225, 232. Cited. 41 CA 454, 463−465, 472. Cited. 45 CA 722.
Cited. 36 CS 527, 529; id., 551, 560.
Subsec. (a):
Cited. 226 C. 191, 198, 199. Cited. 228 C. 758, 762.
Cited. 6 CA 505, 509. Cited. 9 CA 686, 691−693, 696, 698, 716, 719, 723. Cited. 22 CA 108, 111, 112. Cited. 27 CA 225, 233. Cited. 41 CA 454, 463, 464, 466, 472.
Cited. 36 CS 527, 530, 531; id., 551, 560.
Subsec. (b):
Cited. 9 CA 686, 693, 694, 719.
Cited. 36 CS 527, 530.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-25. Felony: Definition, classification, designation. (a) An offense for which a person may be sentenced to a term of imprisonment in excess of one year is a felony.
(b) Felonies are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C, (4) class D, (5) unclassified and (6) capital felonies.
(c) The particular classification of each felony defined in this chapter is expressly designated in the section defining it. Any offense defined in any other section of the general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall be deemed an unclassified felony.
(1969, P.A. 828, S. 25; P.A. 73-137, S. 6; P.A. 92-260, S. 9.)
History: P.A. 73-137 added capital felonies classification in Subsec. (b); P.A. 92-260 made a technical change in Subsecs. (a) and (c) and amended Subdiv. (6) of Subsec. (b) to delete "for which the sentence of death may be imposed as provided in sections 53a-46a and 53a-54b".
See Secs. 53a-35 and 53a-35a re sentences for felonies.
See Sec. 53a-41 re fines for felonies.
Cited. 170 C. 601, 603. Police officer may arrest without previous complaint or warrant any person who he has reasonable grounds to believe has committed or is committing a felony. 171 C. 105, 113. Cited. 196 C. 305, 306.
Cited. 9 CA 686, 720, 727. Cited. 28 CA 91, 96.
Cited. 36 CS 551, 560.
Subsec. (a):
Cited. 11 CA 11, 19.
Subsec. (c):
Cited. 9 CA 686, 731. Cited. 11 CA 11, 19.
Cited. 36 CS 527, 530.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-26. Misdemeanor: Definition, classification, designation. (a) An offense for which a person may be sentenced to a term of imprisonment of not more than one year is a misdemeanor.
(b) Misdemeanors are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C and (4) unclassified.
(c) The particular classification of each misdemeanor defined in this chapter is expressly designated in the section defining it. Any offense defined in any other section of the general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall be deemed an unclassified misdemeanor.
(1969, P.A. 828, S. 26; P.A. 92-260, S. 10.)
History: P.A. 92-260 made a technical change in Subsec. (b).
See Sec. 53a-36 re sentences for misdemeanors.
See Sec. 53a-42 re fines for misdemeanors.
Cited. 202 C. 443, 445.
Cited. 9 CA 686, 719, 720, 726, 727. Cited. 41 CA 476, 478. Cited. 43 CA 1.
Cited. 36 CS 551, 560.
Subsec. (a):
Cited. 9 CA 686, 692.
Cited. 36 CS 527, 530.
Subsec. (c):
Cited. 9 CA 686, 692, 719, 723, 731.
Cited. 36 CS 527, 530, 531.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-27. Violation: Definition, designation. (a) An offense, for which the only sentence authorized is a fine, is a violation unless expressly designated an infraction.
(b) Every violation defined in this chapter is expressly designated as such. Any offense defined in any other section which is not expressly designated a violation or infraction shall be deemed a violation if, notwithstanding any other express designation, it is within the definition set forth in subsection (a).
(1969, P.A. 828, S. 27; P.A. 75-577, S. 4, 126.)
History: P.A. 75-577 excluded offenses expressly designated as infractions from consideration as violation.
See chapter 881b (Sec. 51-174m et seq.) re infractions.
Cited. 9 CA 686, 690, 692, 718−720, 723, 731. Cited. 40 CA 762, 767. Cited. 41 CA 454, 463−465.
Subsec. (a):
Cited. 9 CA 686, 723, 727. Cited. 27 CA 225, 232. Cited. 41 CA 454, 463.
Cited. 36 CS 527, 530; id., 551, 560.
Subsec. (b):
Cited. 36 CS 527, 530, 531.
(Return to TOC) (Return to Chapters) (Return to Titles)

PART II*
SENTENCES AND SENTENCING PROCEDURE

*Annotations to former section 54-111:
Cited. 20 CS 175.
Commitment to probation officer is not penal in character and does not reduce unexpired portion of sentence. 5 Conn. Cir. Ct. 367.
Annotations to former section 54-112:
Under the adult probation act, a court may suspend execution of the sentence and place defendant on probation, at any time, both during and after the term or session of court at which judgment was pronounced, irrespective of whether execution has begun. The partial execution of a sentence would not, in a proper case, deprive the court of power to open judgment. 23 CS 176.
Annotations to former section 54-113:
Cited. 153 C. 206.
Probation compared with parole. 6 CS 353. Probation is not ordered for the purpose of punishment for the wrong for which there has been a conviction; purpose is reformatory, not punitive. 20 CS 176.
Annotations to former section 54-114:
Cited. 8 CS 190; 17 CS 447; 19 CS 433. Sentence imposed by court is same sentence execution of which has been suspended and lesser sentence ordered to be served is part of original sentence. 27 CS 108, 109; id., 128, 130.
Where provisions of section had been followed, defendant was not entitled to appeal as constitutional requirements were fulfilled. 5 Conn. Cir. Ct. 367.
Annotations to former section 54-116:
What action by court permitted; law valid; sentence does not run while accused at large on parole. 88 C. 500. Does not apply to justices of the peace. 102 C. 28. History of former section. 111 C. 287. Cited. 115 C. 597.
Where the execution of a sentence is suspended indefinitely without committing the accused to the custody of a probation officer, the court cannot revoke the suspension. 8 CS 188. Cited. 15 CS 273; 19 CS 433. Where court suspends sentence indefinitely without committing the accused to custody of a probation officer, no right of revocation exists; history of legislation reviewed. 17 CS 449.
Circuit court or judge thereof has power and authority to modify execution of sentence of minor for violation of Sec. 17-379 to Connecticut State Farm for Women. 4 Conn. Cir. Ct. 204, 207.
Annotations to former section 54-117:
Averment "against statute" does not vitiate and may be rejected as surplusage. 3 D. 103. Assault with intent to kill, a high crime and misdemeanor at common law. 3 C. 114; 5 C. 330. High crime and misdemeanor is an immoral and unlawful act, not strictly a felony. 6 C. 217; id., 476. Nuisance does not constitute. 6 C. 418; but see 7 C. 431. Solicitation to commit adultery a high crime and misdemeanor at common law. 7 C. 270. Escape from prison without prison breach or violence an offense at common law. 7 C. 452. Attempt to steal offense at common law. 30 C. 500. Conspiracy a crime at common law; and punishable under this statute. 69 C. 725; 75 C. 210; 77 C. 227; 86 C. 434; 124 C. 562; 126 C. 84; 127 C. 604. High crime, felony, misdemeanor, defined. 86 C. 434; id., 627. Conspiracy to commit assault is high crime and misdemeanor. 86 C. 434. Conspiracy to commit crime is not merged in crime itself. 99 C. 114. Definition of merger; when merger exists; is a doctrine of very limited application. 108 C. 215. Identity of offenses. Id., 214.
Annotations to former section 54-118:
Allegation of too many prior convictions held surplusage; state may prove such as it can. 94 C. 706. For proper method of proceeding under this statute, see note to Sec. 54-62. Cited. 147 C. 296; 149 C. 489; 152 C. 632; 153 C. 40; id., 208; id., 211; 154 C. 37, 38. Prima facie case made when state establishes identity, imposition of sentence and issuance of mittimus. 151 C. 552. Where record shows prior conviction, defendant has burden to show he was not incarcerated. Id. While identity of full name of defendant with that of person named in prior out-of-state conviction is some evidence that each name refers to same person, it is not adequate alone to constitute proof without a reasonable doubt that defendant was person named in out-of-state judgment. 153 C. 33. Where information charging defendant as a second offender was correct except for a mistake in naming the crime committed and he pleaded guilty to the charge, raising no claim of error, held he established no right to relief by habeas corpus in absence of showing that he had suffered prejudice or injustice. 153 C. 599, 602. Cited. 155 C. 298; 158 C. 126. Cited. 163 C. 419.
Cited. 17 CS 366; 27 CS 235. Defendant incorrectly sentenced as an habitual criminal may be resentenced as a second offender. 26 CS 464. Sentence of not less than seven nor more than twelve years for bank robber who was second offender was reasonable. 27 CS 119−121. Cited. 28 CS 154, 159.
Cited. 2 Conn. Cir. Ct. 690 (fn. 1).
Annotations to former section 54-119:
Penalty of "fine and imprisonment" permits either. 75 C. 351.
Cited. 15 CS 273.
Annotations to former section 54-121:
If statute fixes minimum penalty, court may not give sentence for less period. 84 C. 470. Prior convictions must be alleged; 94 C. 703; 96 C. 172; and should be in original, not a supplemental, information. 110 C. 298. But accused should first be tried for present crime and jury should not be told of claimed prior convictions; if convicted, issue of prior convictions should then be submitted to jury. 96 C. 172 et seq. The words "state prison or penitentiary" do not include federal penitentiary. 110 C. 302. No limitation upon minimum for third offender other than that it should not be for less than one year. 110 C. 412; 130 C. 111. Defendant who escaped without completing imprisonment on second conviction, held properly punished as a third offender for crime of escape. 130 C. 109, 110. Statute is constitutional. Id. Application of statute with relation to separate sentences; whether to run concurrently or consecutively is for court to determine. 132 C. 303, 304. If sentences on two or more counts are to run concurrently, a direction to that effect should be given, and a maximum and a minimum should be fixed for each offense. 126 C. 220; 132 C. 303. Counts specifying a minimum but no maximum are invalid. 126 C. 221. Cited. 129 C. 166; 147 C. 506; 152 C. 470; 153 C. 673. When a maximum and a minimum term are fixed under one count and only one period under each of the other counts, the terms run consecutively. 143 C. 559. Person may be sentenced as a third offender even though it is known that he is a fourth offender. 147 C. 506. Defendant charged a denial of equal protection since other persons, similarly circumstanced, were not sentenced as third offenders, held not a valid defense unless there is a showing of intentional or arbitrary action amounting to an unjust and illegal discrimination between persons in similar circumstances. Id. Second offender provision does not create new crime; fact of former conviction is element merely in determining degree of criminality of second offense. 149 C. 72. While identity of full name of defendant with that of person named in prior out-of-state conviction is some evidence that each name refers to same person, it is not adequate alone to constitute proof without a reasonable doubt that defendant was person named in out-of-state judgment. 153 C. 33. See note to section 54-92a. Cited. 157 C. 399. Cited. 163 C. 232.
Fixing a maximum on one count is an order that such sentence should run consecutively and not concurrently. 4 CS 204. Statute does not direct sentence in two or more separate cases. Id., 364. Cited. 13 CS 164; 22 CS 177; 26 CS 71. Where defendant in two separate criminal cases received sentences in both on the same day, to run consecutively, minimum sentence in second valid under this section. 16 CS 76. Statute does not constitute a new and separate offense; state's attorney not required to present every third offender as an habitual criminal. 20 CS 384. Where one previous felony conviction violated defendant's constitutional right to counsel, it should not be counted as a previous conviction under this statute. 26 CS 464. Being presented as first offender for sentence does not require court to close eyes to defendant's prior life. 27 CS 236. Where maximum sentence was same for first offender on rape charge (Sec. 53-238) as under this statute, sentence confirmed on review. Id. Sentence fixing minimum terms on several counts to run consecutively is improper by reason of this section. 27 CS 316. Where concurrent sentence is intended, court must so direct and minimum and maximum terms should be fixed on all counts. Id.
Cited. 2 Conn. Cir. Ct. 690 (fn. 1).
Annotations to part II of chapter 952:
Sec. 53a-28 et. seq. cited. 207 C. 152, 167. Sec. 53a-28 et seq. cited. 240 C. 639. Probation Act cited. Id.
Sec. 53a-28 et seq. cited. 34 CA 1, 7. Sec. 53a-28 et seq. cited. 39 CA 722, 728.

Sec. 53a-28. Authorized sentences. (a) Except as provided in section 17a-699 and chapter 420b, to the extent that the provisions of said section and chapter are inconsistent herewith, every person convicted of an offense shall be sentenced in accordance with this title.
(b) Except as provided in section 53a-46a, when a person is convicted of an offense, the court shall impose one of the following sentences: (1) A term of imprisonment; or (2) a sentence authorized by section 18-65a or 18-73; or (3) a fine; or (4) a term of imprisonment and a fine; or (5) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a period of probation or a period of conditional discharge; or (7) a fine and a sentence authorized by section 18-65a or 18-73; or (8) a sentence of unconditional discharge; or (9) a term of imprisonment and a period of special parole as provided in section 54-125e.
(c) In addition to any sentence imposed pursuant to subsection (b) of this section, if a person is convicted of an offense that resulted in injury to another person or damage to or loss of property, the court shall order the offender to make financial restitution if it determines that financial restitution is appropriate. In determining whether financial restitution is appropriate, the court shall consider: (1) The financial resources of the offender and the burden restitution will place on other obligations of the offender; (2) the offender's ability to pay based on installments or other conditions; (3) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (4) other circumstances that the court determines makes restitution appropriate or inappropriate. Restitution ordered by the court pursuant to this subsection shall be based on easily ascertainable damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses, but may include the costs of counseling reasonably related to the offense.
(d) A sentence to a period of probation or conditional discharge in accordance with sections 53a-29 to 53a-34, inclusive, shall be deemed a revocable disposition, in that such sentence shall be tentative to the extent that it may be altered or revoked in accordance with said sections but for all other purposes it shall be deemed to be a final judgment of conviction.
(e) When sentencing a person to a period of probation who has been convicted of (1) a misdemeanor that did not involve the use, attempted use or threatened use of physical force against another person or (2) a motor vehicle violation for which a sentence to a term of imprisonment may be imposed, the court shall consider, as a condition of such sentence of probation, ordering the person to perform community service in the community in which the offense or violation occurred. If the court determines that community service is appropriate, such community service may be implemented by a community court established in accordance with section 51-181c if the offense or violation occurred within the jurisdiction of a community court established by said section.
(1969, P.A. 828, S. 28; 1971, P.A. 871, S. 10; P.A. 73-137, S. 7; 73-639, S. 3; P.A. 75-633, S. 4; P.A. 92-260, S. 11; P.A. 95-175, S. 1; P.A. 97-199, S. 1; June 18 Sp. Sess. P.A. 97-11, S. 62, 65; P.A. 98-234, S. 2; P.A. 00-196, S. 38.)
History: 1971 act added exception re Ch. 359 in Subsec. (a) and deleted references to "reformatory" sentences in Subdivs. (2) and (7) of Subsec. (b), adding reference to Secs. 18-73 and 18-75 in Subdiv. (7) for conformity; P.A. 73-137 deleted references to Secs. 53a-46 and 53a-93 and added reference to Secs. 53a-46a and 53a-54b in Subsec. (b); P.A. 73- 639 added references to Sec. 18-65 in Subdivs. (2) and (7) of Subsec. (b); P.A. 75-633 deleted reference to Secs. 18-65 and 18-75 in Subdiv. (1), adding reference to Sec. 18-65a and deleted reference to Sec. 18-75 in Subdiv. (7) of Subsec. (b); P.A. 92-260 amended Subsec. (a) to replace reference to "chapter 368p" with "section 17a-656 and chapter 420b" and replace "such chapter is" with "the provisions of said section and chapter are" and amended Subsec. (b) to delete from the exclusionary provision references to Secs. 53a-45, 53a-54b and 53a-92, to make a technical change in Subdivs. (2) and (6) and to replace reference to "Sec. 18-65" with "Sec. 18-65a" in Subdiv. (7); P.A. 95-175 inserted new Subsec. (c) re order of financial restitution and considerations required prior to order and relettered former Subsec. (c) as Subsec. (d); P.A. 97-199 added Subsec. (e) re order of community service in community where offense occurred, implemented by community court; June 18 Sp. Sess. P.A. 97-11 changed effective date of P.A. 97-199 from October 1, 1997, to July 1, 1997, effective July 1, 1997; P.A. 98-234 amended Subsec. (b) to add Subdiv. (9) authorizing a sentence of a term of imprisonment and a period of special parole as provided in Sec. 54-125e; P.A. 00-196 amended Subsec. (e) to delete provisions re ordering community service as a condition of accelerated rehabilitation, said provisions being reenacted as part of Sec. 54-56e by same public act, and to make technical changes.
Cited. 172 C. 298. Court does not have sentencing options as provided in this section where Sec. 53a-36 provides for a mandatory nonsuspendable term of imprisonment. 180 C. 557, 559−561. Cited. 197 C. 337, 353, 357. Cited. 198 C. 671, 673, 674, 678. Cited. 200 C. 268, 286. Cited. 207 C. 270, 275. Cited. 208 C. 420, 428, 429. Cited. 210 C. 519, 524, 526. Cited. 225 C. 46, 50.
Cited. 9 CA 686, 693, 717, 719, 720. Cited. 12 CA 32, 45. Cited. 30 CA 416, 421−423. Cited. 32 CA 656, 660; judgment reversed in part, see 232 C. 345 et seq.
Person convicted under section 19-481(a) required to be sentenced in accord with this chapter where sentence not inconsistent with chapter 359. 31 CS 350. Does not provide for sentence of confinement with condition restricting authority of commissioner of correction to award "good time." 35 CS 545, 548. Cited. Id. Section contains no authority for order of restitution unless it is a condition of probation or conditional discharge. Id., 675, 678.
Subsec. (a):
Cited. 35 CS 675, 678.
Subsec. (b):
Subdivs. (3) and (8) cited. 182 C. 595, 603. Subdiv. (6) cited. 196 C. 655, 658. Cited. Id., 655, 658, 661. Cited. 198 C. 671, 678. Cited. 206 C. 608, 616. Cited. 216 C. 40, 61.
Cited. 8 CA 607, 608.
Subdivs. (5) and (6) cited. 35 CS 675, 678.
Subsec. (c):
Cited. 34 CA 1, 7.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-28a. Enforcement of orders of financial restitution. All financial obligations ordered pursuant to subsection (c) of section 53a-28 may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the obligation is owed. Such obligations may be enforced at any time during the ten-year period following the offender's release from confinement or within ten years of the entry of the order and sentence, whichever is longer.
(P.A. 95-175, S. 2.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-30. *(See end of section for amended version of subsection (a) and effective date.) Conditions of probation and conditional discharge. *(a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or provide in a suitable manner, for the loss or damage caused thereby and the court may fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute to the minor's own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as defined in section 54-250, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, register such person's identifying factors, as defined in section 54-250, with the Commissioner of Public Safety when required pursuant to section 54-251, 54-252 or 54-253, as the case may be; (14) be subject to electronic monitoring; (15) satisfy any other conditions reasonably related to the defendant's rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.
(b) When a defendant has been sentenced to a period of probation, the Office of Adult Probation may require that the defendant comply with any or all conditions which the court could have imposed under subsection (a) which are not inconsistent with any condition actually imposed by the court.
(c) At any time during the period of probation or conditional discharge, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.
(d) The period of participation in an alternate incarceration program, unless terminated sooner, shall not exceed the period of probation authorized by section 53a-29 or two years, whichever is less.
(e) The court may require that the person subject to electronic monitoring subject to subsection (a) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. Any contract entered into by the judicial branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed five dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.
(1969, P.A. 828, S. 30; 1971, P.A. 781, S. 1; P.A. 73-231; P.A. 78-188, S. 4, 8; P.A. 79-585, S. 9, 15; P.A. 82-298, S. 8; P.A. 86-403, S. 88, 132; P.A. 89-383, S. 4, 16; 89-390, S. 19, 37; P.A. 90-213, S. 4, 56; June Sp. Sess. P.A. 91-9, S. 4, 10; P.A. 93-340, S. 13, 19; P.A. 94-128, S. 1, 3; P.A. 95-142, S. 3; P.A. 97-199, S. 3; June 18 Sp. Sess. P.A. 97-11, S. 62, 65; P.A. 99-183, S. 12, 13; P.A. 00-141, S. 1.)

Sec. 53a-31. Calculation of periods of probation and conditional discharge. (a) A period of probation or conditional discharge commences on the day it is imposed, except that, where it is preceded by a sentence of imprisonment with execution suspended after a period of imprisonment set by the court, it commences on the day the defendant is released from such imprisonment. Multiple periods, whether imposed at the same or different times, shall run concurrently.
(b) Issuance of a warrant or notice to appear for violation pursuant to section 53a- 32, shall interrupt the period of the sentence as of the date of such issuance until a final determination as to the violation has been made by the court. During the interrupted period, the court may impose any of the conditions of release set forth in section 54- 64a. In the absence of a warrant or notice to appear for violation pursuant to section 53a-32, if the defendant has failed to comply with any of the conditions of probation or conditional discharge, such failure shall not relieve the Office of Adult Probation from the responsibility of supervising the defendant.
(c) In any case where a person who is under a sentence of probation or of conditional discharge is also under an indeterminate sentence of imprisonment, or a sentence authorized under section 18-65a or 18-73, imposed for some other offense by a court of this state, the service of the sentence of imprisonment shall satisfy the sentence of probation or of conditional discharge unless the sentence of probation or of conditional discharge is revoked prior to parole or satisfaction of the sentence of imprisonment.
(1969, P.A. 828, S. 31; 1971, P.A. 871, S. 11; P.A. 87-282, S. 20; P.A. 92-260, S. 13; P.A. 97-151, S. 1.)
History: 1971 act substituted sentences "authorized under section 18-73 or 18-75" for "reformatory" sentences in Subsec. (c); P.A. 87-282 amended Subsec. (c) to delete obsolete reference to repealed Sec. 18-75; P.A. 92-260 amended Subsec. (c) to add reference to Sec. 18-65a; P.A. 97-151 amended Subsec. (b) to authorize the court to impose any of the conditions of release set forth in Sec. 54-64a during the interrupted period and provide that, in the absence of a warrant or notice to appear for violation, the failure of the defendant to comply with any conditions of probation or conditional discharge does not relieve the Office of Adult Probation from the responsibility of supervising the defendant.
Cited. 170 C. 128. Cited. 222 C. 299, 306.
Cited. 9 CA 686, 693, 717, 719, 720. Cited. 32 CA 1, 4. Cited. 34 CA 1, 7. Held: Term "release" as used in section includes physical release from custody whether by mistake or not and probation commences by operation of law on date of actual release from imprisonment. 36 CA 440, 441, 443, 444, 446, 448.
Subsec. (a):
Cited. 24 CA 575, 578. Cited. 34 CA 1, 7. Cited. 36 CA 440, 441, 445, 446. Cited. 39 CA 722, 728.
Subsec. (b):
Cited. 9 CA 59, 73. Cited. 37 CA 72, 83. Cited. 39 CA 722, 730, 731.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-32a. Violation of probation by certain sexual offenders. If a defendant who entered a plea of nolo contendere or a guilty plea under the Alford doctrine to a violation of subdivision (2) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a- 71, 53a-72a or 53a-72b, and was ordered to undergo sexual offender treatment as a condition of probation, becomes ineligible for such treatment because of his refusal to acknowledge that he committed the act or acts charged, such defendant shall be deemed to be in violation of the conditions of his probation and be returned to court for proceedings in accordance with section 53a-32.
(P.A. 97-151, S. 2.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-33. Termination of probation or conditional discharge. The court or sentencing judge may at any time during the period of probation or conditional discharge, after hearing and for good cause shown, terminate a sentence of probation or conditional discharge before the completion thereof, except a sentence of probation imposed for conviction of a violation of subdivision (2) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.
(1969, P.A. 828, S. 33; P.A. 92-260, S. 14; P.A. 95-142, S. 11.)
History: P.A. 92-260 added "a sentence of"; P.A. 95-142 specified that a sentence of probation or conditional discharge may be terminated "before the completion thereof" and precluded termination of a sentence of probation imposed for conviction of a violation of Subdiv. (2) of Sec. 53-21 or Sec. 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b.
Cited. 165 C. 73. Cited. 170 C. 128. Cited. 219 C. 752, 762. Cited. 222 C. 299, 306. Cited. 225 C. 46, 50.
Cited. 9 CA 686, 693, 717, 719, 720. Cited. 32 CA 1, 4. Cited. 34 CA 1, 7. Sec. 53a-31 et seq. cited. 36 CA 440, 446.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-34. Unconditional discharge: Criteria; effect. (a) The court may impose a sentence of unconditional discharge in any case where it is authorized to impose a sentence of conditional discharge under section 53a-29, if the court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant's release.
(b) When the court imposes a sentence of unconditional discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probation supervision or conditions. A sentence of unconditional discharge is for all purposes a final judgment of conviction.
(1969, P.A. 828, S. 34.)
Cited. 170 C. 128. Cited. 180 C. 557, 561. Cited. 188 C. 557, 559. Cited. 222 C. 299, 306.
Cited. 9 CA 686, 693, 717, 719, 720. Cited. 12 CA 32, 46. Cited. 32 CA 1, 4. Cited. 34 CA 1, 7. Sec. 53a-31 et seq. cited. 36 CA 440, 446.
Subsec. (a):
Cited. 182 C. 595, 603.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-35. Imprisonment for any felony committed prior to July 1, 1981: Indeterminate sentences; maximum and minimum terms. (a) For any felony committed prior to July 1, 1981, the sentence of imprisonment shall be an indeterminate sentence, except as provided in subsection (d). When such a sentence is imposed the court shall impose a maximum term in accordance with the provisions of subsection (b) and the minimum term shall be as provided in subsection (c) or (d).
(b) The maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment; (2) for a class B felony, a term not to exceed twenty years; (3) for a class C felony, a term not to exceed ten years; (4) for a class D felony, a term not to exceed five years; (5) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime; and (6) for a capital felony, life imprisonment unless a sentence of death is imposed in accordance with section 53a-46a.
(c) Except as provided in subsection (d) the minimum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, the minimum term shall not be less than ten nor more than twenty-five years; (2) for a class B, C or D felony the court may fix a minimum term of not less than one year nor more than one-half of the maximum term imposed, except that (A) where the maximum is less than three years the minimum term may be more than one- half the maximum term imposed or (B) when a person is found guilty under section 53a-59(a)(1), section 53a-59a, 53a-101(a)(1) or 53a-134(a)(2), the minimum term shall be not less than five years and such sentence shall not be suspended or reduced, or when a person is found guilty under section 53a-60c, the minimum term shall be not less than three years and such sentence shall not be suspended or reduced, or when a person is found guilty under section 53a-60b,the minimum term shall be not less than two years and such sentence shall not be suspended or reduced; (3) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.
(d) Notwithstanding the provisions of subsections (a) and (c), except as provided in subdivision (2) of said subsection (c), when a person is sentenced for a class C or D felony or for an unclassified felony, the maximum sentence for which does not exceed ten years, the court may impose a definite sentence of imprisonment and fix a term of one year or less; except when a person is found guilty under sections 53a-55a, 53a-56a, 53a-60a, 53a-70a, 53a-72b, 53a-92a, 53a-94a, 53a-102a and 53a-103a, the court shall not fix a term of less than one year.
(1969, P.A. 828, S. 35; 1971, P.A. 871, S. 13; P.A. 73-137, S. 8; P.A. 74-186, S. 9, 12; P.A. 75-380, S. 14; 75-411, S. 3; P.A. 76-435, S. 2, 82; P.A. 77-422, S. 5; P.A. 80-442, S. 9, 28; P.A. 83-587, S. 76, 96.)
History: 1971 act amended Subsec. (a) to add reference to minimum sentence terms in Subsec. (d), required that sentence be specified in the sentence in Subsec. (b), amended Subsec. (c) to add exception re Subsec. (d), to raise minimum term for Class A felony from one to ten years and maximum term from ten to twenty-five years, to clarify exception re maximum term of three years by specifying minimum terms and to add Subdiv. (3) re unclassified felonies and amended Subsec. (d) to add exception re Subsec. (c)(2) and to include applicability re unclassified felonies; P.A. 73-137 removed reference to death sentence imposed for class A felony in accordance with Sec. 53a-46 in Subsec. (b)(1) and added Subdiv. (6) re capital felonies; P.A. 74-186 removed reference to guilt under Subdivs. (2) or (4) of Sec. 53a-60(a) in Subsec. (c) (2)(B); P.A. 75-380 added exception in Subsec. (d) re required one-year term; P.A. 75-411 deleted reference to guilt under Sec. 53a- 135(a)(2) in Subsec. (c)(2)(B); P.A. 76-435 added exception in Subsec. (d) as amended by P.A. 75-380; P.A. 77-422 expanded exception in Subsec. (c) (2)(B) re required three-year and two-year minimum terms and added reference to guilt under Sec. 53-59a; P.A. 80-442 amended Subsec. (a) to limit applicability to felonies committed prior to July 1, 1981, effective on that date; P.A. 83-587 substituted "53a-59a" for "53-59a" in Subsec. (c).
Cited. 169 C. 263, 264. Cited. 176 C. 270, 271. Cited. 180 C. 557, 560. Cited. 182 C. 595, 597−599, 602. Cited. 190 C. 327, 335; Id., 639, 642. Cited. 219 C. 752, 759.
Cited. 1 CA 724, 734. Cited. 9 CA 686, 693, 717, 719, 720. Cited. 12 CA 403−406. Cited. 19 CA 440, 443, 444. Cited. Id., 571, 574, 575. Cited. Id., 631, 635. Cited. 24 CA 612, 617. Cited. 37 CA 228, 231, 232.
Courts may impose a definite sentence for a felony of one year or less. 31 CS 350. Cited. 33 CS 705.
Subsec. (a):
Cited. 171 C. 278. Cited. 189 C. 114, 116. Cited. 196 C. 655, 658.
Cited. 12 CA 403, 405. Cited. 19 CA 571, 575.
Subsec. (b):
Subdiv. (2) cited. 189 C. 114, 116, 117. Cited. 193 C. 144, 151. Subdiv. (1) cited. 195 C. 326, 328. Subdiv. (2) cited. 195 C. 326, 328. Subdiv. (4) cited. 199 C. 121, 124. Cited. 211 C. 591, 612. Subdiv. (4) cited. 231 C. 545, 556. Subdiv. (3) cited. Id., 545, 557.
Cited. 19 CA 571, 575. Subdiv. (1) cited. 24 CA 612, 615, 623. Cited. Id., 612, 618, 619. Cited. 46 CA 450.
Subsec. (c):
Subdiv. (2)(B). Rational relationship exists between the protection of public health and safety and the imposition of nonsuspendable sentence for violent crime of second degree robbery, an essential element of which is threatened use of a deadly weapon or dangerous instrument. 171 C. 677, 681. Subdiv. (2) cited. 182 C. 595, 599; 189 C. 114, 117. Subdiv. (2)(B) cited. 182 C. 595, 601, 603. Cited. 193 C. 144, 151. Subdiv. (1) cited. Id., 144, 153. Subdiv. (2) cited. Id. Subdiv. (1) cited. 195 C. 326, 328. Subdiv. (2) cited. Id. Subdiv. (2) cited. 197 C. 413, 427. Subdiv. (2) cited. Id., 485, 488, 502, 503. Subdiv. (2) cited. 199 C. 121, 124. Subdiv. (2) cited. 202 C. 343, 345. Subdiv. (1) cited. 211 C. 591, 612.
Subdiv. (3) cited. 12 CA 403, 405, 406. Subdiv. (2) cited. Id., 403, 406. Cited. 24 CA 612, 618.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-35b. "Life imprisonment" defined. A sentence of imprisonment for life shall mean a definite sentence of sixty years, unless the sentence is life imprisonment without the possibility of release, imposed pursuant to subsection (g) of section 53a- 46a, in which case the sentence shall be imprisonment for the remainder of the defendant's natural life.
(P.A. 80-442, S. 11, 28; P.A. 85-366, S. 3; P.A. 95-19, S. 2.)
History: P.A. 80-442 effective July 1, 1981; P.A. 85-366 added provision re life imprisonment without the possibility of release; P.A. 95-19 made a technical change.
See Sec. 53a-35c re availability of sentence of life imprisonment without the possibility of release.
Cited. 198 C. 92, 94. Cited. 201 C. 276, 277. Cited. 207 C. 374, 386. Cited. 215 C. 231, 232. Cited. 216 C. 282, 285. Cited. 219 C. 752, 759. Cited. 220 C. 169, 171. Cited. 221 C. 430, 432. Cited. 234 C. 139, 144, 166.
Cited. 9 CA 686, 693, 717, 719, 720. Cited. 24 CA 612, 618, 622.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-35c. Availability of sentence of life imprisonment without the possibility of release. The sentence of life imprisonment without the possibility of release shall not be available as a sentence for an offense committed prior to October 1, 1985.
(P.A. 85-366, S. 4.)
Cited. 9 CA 686, 693, 717, 719, 720.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 53a-36. Imprisonment for misdemeanor: Maximum and minimum sentences. A sentence of imprisonment for a misdemeanor shall be a definite sentence and the term shall be fixed by the court as follows: (1) For a class A misdemeanor, a term not to exceed one year except that when a person is found guilty under section 53a- 61(a)(3) or 53a-61a, the term shall be one year and such sentence shall not be suspended or reduced; (2) for a class B misdemeanor, a term not to exceed six months; (3) for a class C misdemeanor, a term not to exceed three months; (4) for an unclassified misdemeanor, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.
(1969, P.A. 828, S. 36; 1971, P.A. 871, S. 14; P.A. 77-422, S. 6; P.A. 92-260, S. 16.)
History: 1971 act added exception re guilt under Sec. 53a-61(a)(3) in Subdiv. (1); P.A. 77-422 expanded exception to include guilt under Sec. 53a-61a; P.A. 92-260 amended Subdiv. (1) to consolidate statutory references and delete redundant language.
See Sec. 53a-42 re fines for misdemeanors.
Cited. 169 C. 223. Cited. 178 C. 145, 153. Court in sentencing of defendant found guilty under Sec. 53a-61a must impose a mandatory nonsuspendable term of imprisonment and does not have option of imposing a fine or a sentence of unconditional discharge. 180 C. 557, 559−561, 564. Cited. 194 C. 198, 209. Cited. 217 C. 73, 90. Cited. 218 C. 273, 275. Cited. 223 C. 635, 666.
Cited. 8 CA 607, 608. Cited. 9 CA 686, 693, 717, 719, 720, 731. Cited. 19 CA 6

CHAPTER 952*PENAL CODE: OFFENSES

PART I*DEFINITION AND CLASSIFICATION

PART II*SENTENCES AND SENTENCING PROCEDURE

CHAPTER 952*
PENAL CODE: OFFENSES

PART I*
DEFINITION AND CLASSIFICATION

PART II*
SENTENCES AND SENTENCING PROCEDURE