You asked whether the legislature passed any laws with mandatory minimum sentences this year, what crimes currently carry a mandatory minimum sentence, and how many people are in prison for such offenses

We are working with the Department of Correction to determine the number of sentenced and accused inmates incarcerated for offenses with mandatory minimum sentences. We should have this information in about a week.

LAWS ENACTED THIS SESSION THAT IMPOSE MANDATORY MINIMUM SENTENCES

The legislature passed three acts with mandatory minimum sentences this past session. They will become effective October 1, 2002. (They have not been included in the table of crimes carrying a mandatory minimum sentence appearing in this report because they are not effective yet. )

The first, PA 02-138, increases the classification, maximum penalty, and mandatory minimum sentence for several sexual assault crimes involving minors under age 16. Under current law, it is a class B felony, punishable by up to 20 years in prison, with a mandatory minimum sentence of up to five years to engage in sexual intercourse with a child (1) under age 16 by force or (2) under age 13 when the offender is at least two years older than the victim. The act instead makes this a class A felony, punishable by 10 to 25 years imprisonment, with a mandatory minimum sentence of (1) five years if the victim is between 10 and 16 and (2) 10 years if the victim is under 10 years old.

Current law makes it a class B felony, with a mandatory minimum sentence of two years, to engage in first-degree sexual assault against a minor under age 16 while armed, with intent to disfigure the victim, with an extreme indifference to human life, or while aided by two or more other people. The act instead makes it a class A felony and imposes a 20- year mandatory minimum sentence if the victim is under 16.

The second act, PA 02-106, creates separate forms of sexual assault based on the relationship between the actor and the victim. It makes it a crime for a person who provides intensive, ongoing instruction or a coach of an athletic activity to engage in sexual intercourse or have sexual contact with someone receiving that coaching or instruction who is either (1) a secondary school student and receiving coaching or instruction in a secondary school setting or (2) under age 18. The act makes this second-degree sexual assault, punishable by one to 10 years in prison with a nine-month mandatory minimum.

The third act, PA 02-97, imposes mandatory minimum sentences on three terrorism related crimes. Specifically, it creates the crime of contaminating a public water or food source for terrorist purposes, makes it a class C felony punishable by up to 10 years in prison, and requires a five-year mandatory minimum sentence. It imposes a five-year mandatory minimum sentence for hindering prosecution if the person the offender assisted committed a felony with intent to intimidate or coerce a civilian population or government. Finally, it makes it a class B felony and imposes a five-year mandatory minimum sentence for a computer crime in furtherance of terrorist purposes directed at a public agency charged with protecting public safety.

OFFENSES WITH MANDATORY MINIMUM SENTENCES

Table 1 lists offenses with mandatory minimum sentences arranged by class (class A felony, class B felony, etc. ). The mandatory minimum appears in parentheses after the crime. CGS §§ 53a-28 and 53a-29 prohibit suspension or reduction of any sentence for a class A felony meaning that the 10-year minimum sentence for class A felonies becomes a mandatory minimum. However, kidnapping in the first degree with a firearm (CGS § 53a-92a), which is a class A felony, has a legislatively set mandatory minimum of one year. And, the unclassified felony arson murder (CGS § 53a-54d) has a sentence of natural life imprisonment, but since it is not a class A felony any part of this sentence can be suspended or reduced. This situation has led the Connecticut Supreme Court, in two cases cited in Table 1, to rule that in conflicting sentencing provisions when the more serious crime carries the lesser penalty, this penalty must prevail and be applied to the less serious crime.

Two laws affect the penal code in a general way. CGS § 53a-40a provides an enhanced penalty for a person found to be a persistent offender of statutes covering crimes involving bigotry or bias. CGS § 53a-40b provides for enhanced penalties for anyone convicted of an offense committed while they are released awaiting trial.

CGS § 53-202j requires a mandatory, minimum eight-year sentence for anyone who uses, threatens to use, displays, or purports to have an assault weapon while committing a class A, B, or C felony. This eight-year sentence is in addition and consecutive to any imprisonment for the felony. CGS § 53-202k requires a mandatory, minimum five-year sentence for anyone who uses, threatens to use, displays, or purports to have a firearm other than an assault weapon while committing a class A, B, or C felony. This five-year sentence is in addition and consecutive to any imprisonment for the felony.

CGS §§ 53a-29 and 30 authorize judges to sentence serious sexual assault offenders who have more than one conviction or have assaulted young victims to probation for up to 35 years and to require them to undergo special sexual offender treatment as a condition of probation. CGS § 53a-40c requires courts to impose additional sentences of psychological counseling on individuals convicted of sexually assaulting victims under age 11.

CGS § 53a-136a establishes an enhanced penalty of a three-year mandatory, minimum term of imprisonment for committing a robbery by knowingly taking a motor vehicle that is occupied. The mandatory sentence is in addition and consecutive to any other prison term imposed for the offense.

CGS § 53a-40 authorizes the court to impose under the persistent dangerous felony offender law up to 40 years, based on one previous violent felony conviction, and up to life, based on two such previous convictions. (By law, a sentence of life imprisonment means a definite sentence of 60 years. ) The law requires a court to impose an enhanced sentence if it determines the public interest would best be served by the sentence. In Table 1, we have indicated with an asterisk those crimes which are subject to this persistent dangerous felony offender provision.

CGS § 53a-40f authorizes an increased criminal penalty for persistent operating-under-the-influence felony offenders (people convicted of manslaughter or 2^nd degree assault with a motor vehicle who have prior convictions for these offenses or a DWI conviction during the prior 10 years). The court can impose the prison sentence for the next most serious felony if warranted by the person's history and character.

Three sexual assault crimes carry mandatory minimum periods of combined imprisonment and special parole. The combined period is 10 years for first-degree sexual assault (CGS § 53a-70), 20 years for aggravated sexual assault (CGS § 53a-70a), and 10 years for third-degree sexual assault with a firearm (CGS § 53a-72b).

PA 01-99 allows judges to impose less than the law's mandatory minimum sentence on some drug felons. They can do so when no one was hurt during the crime and the defendant (1) did not use or attempt or threaten to use physical force; (2) was unarmed; and (3) did not use, threaten to use, or suggest that he had a deadly weapon (such as a gun or a knife) or other instrument that could cause death or serious injury.

Defendants must show good cause and can invoke the act's provisions only once. Judges must state at sentencing hearings their reasons for (1) imposing the sentence and (2) departing from the mandatory minimum.

Table 1: Offenses Arranged by Class

Offense Section

CAPITAL FELONY

Capital felony (penalty-execution or life imprisonment without the possibility of release) 53a-54b

UNCLASSIFIED FELONY

Arson murder-unintentional death during arson (penalty-60 years) . 53a-54d

CLASS A FELONIES

Murder other than a capital felony (m. m. 25 years) 53a-54a

Felony murder (m. m. 25 years) . 53a-54c

Kidnapping in first degree

(m. m. one year pursuant to State v. Jenkins, 198 Conn. 671 (1986)). . 53a-92

Kidnapping in first degree with firearm (m. m. one year) . 53a-92a*

Arson in the first degree

(no m. m. pursuant to State v. O'Neill, 200 Conn. 268 (1986)) . 53a-111*

Employing a minor in an obscene performance (m. m. 10 years) 53a-196a

CLASS B FELONIES

Manslaughter in the first degree with a firearm (m. m. five years) 53a-55a*

Assault in the first degree (m. m. five years if deadly weapon used

or 10 years if victim under age 10 or a witness) 53a-59*

Assault of elderly, blind, disabled, pregnant, or mentally retarded person in first degree

(m. m. five years) 53a-59a

Sexual assault in first degree (m. m. two years, 10 years if victim

under age 10) 53a-70*

Aggravated sexual assault in the first degree (m. m. five years). 53a-70a*

Kidnapping in the second degree (m. m. three years) 53a-94*

Kidnapping in the second degree with a firearm (m. m. three years). 53a-94a*

Burglary in the first degree armed with deadly weapon (m. m. five years) 53a-101

Robbery in the first degree armed with deadly weapon (m. m. five years) 53a-134*

CLASS C FELONIES

Manslaughter in the second degree with a firearm (m. m. one year) 53a-56a*

Sexual assault in the second degree (m. m. nine months) 53a-71

Sexual assault in the third degree with a firearm (m. m. two years) 53a-72b*

Burglary in the second degree with a firearm (m. m. one year) 53a-102a

Larceny in the second degree (m. m. 2 years if property is "taken" from elderly,

blind, disabled, pregnant, or mentally retarded victim, see 53a-60b) 53a-123

Interference with cemetery or burial ground (m. m. fine $ 500) 53a-218

Selling or transporting assault weapon (m. m. 2 years, 6 years if sale is to minor) 53-202b

CLASS D FELONIES

Illegal sale or transfer of handgun to minor (m. m. one year). 29-34

Assault in the second degree with a firearm (m. m. one year). 53a-60a

Assault or larceny of elderly, blind, disabled, pregnant, or mentally retarded person

in the second degree (m. m. two years). 53a-60b, as amended by PA 01-84

Assault of elderly, blind, disabled, pregnant, or mentally retarded person

in the second degree with a firearm (m. m. three years) 53a-60c

Burglary in the third degree with a firearm (m. m. one year) 53a-103a

Criminal use of a firearm (m. m. five years). 53a-216

Criminal possession of a pistol or revolver (m. m. two years) 53a-217

Possession of an assault weapon (m. m. 1 year) 53-202c

CLASS A MISDEMEANORS

Assault in the third degree with deadly weapon (m. m. one year). 53a-61

Assault of elderly, blind, disable, pregnant, or mentally retarded person

in the third degree (m. m. one year) 53a-61a

OTHER OFFENSES

Driving during license suspension for DWI and DWI related

offenses (m. m. 30 days unless mitigating circumstance) 14-215(c)

Subsequent conviction for increasing speed in attempt to allude a police officer

after being signaled to stop if both convictions involve death or serious physical

injury (m. m one year) 14-223 (b)

First DWI conviction (48 hour m. m. if not given community service). 14-227a(h)

Subsequent DWI convictions (m. m. 120 days and one year). 14-227a(h)

Use, possession, delivery, drug paraphernalia near school by non-student

(m. m. one year) 21a-267(c), as amended by PA 01-99

Illegal manufacture or sale of drugs

(m. m. five years for 1st offense and 10 years for sub. offense) 21a-278, as amended by PA 01-99

Sale of drugs to minor (m. m. two years). 21a-278a(a)

Sale of drugs to minor close to school, public housing project, or day care center

(m. m. three years). 21a-278a(b) , as amended by PA 01-99

Using person under 18 to sell drugs (m. m. three years). 21a-278a(c)

Possession narcotic, hallucinogenic, or controlled substances

near schools (m. m. two years) 21a-279(d) , as amended by PA 01-99

Carrying handgun without a permit (m. m. one year if no mitigating circumstances). 29-37(b)

Persistent felony offender (m. m. three years) 53a-40(m)

Carjacking (m. m. three years) 53a-136a

Committing A, B, or C felony with assault rifle (m. m. eight years) 53-202j

Committing A, B, or C felony with firearm (m. m. five years) . 53-202k

*Crimes subject to the persistent dangerous felony offender provision.

** PA 01-99 allows judges to impose less than the lw's mandatory minimum based on certain circumstances.

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