July 25, 2002 |
2000-R-0664 | |
MANDATORY SENTENCES-INMATE POPULATION | ||
By: George Coppolo, Chief Attorney | ||
You asked how many inmates are sentenced for offenses that carry a mandatory minimum sentence.
According to statistics provided by the research division of the Department of Correction (DOC), on March 31, 2002 there were 4,006 inmates in prison who were sentenced for offenses that carry a mandatory minimum sentence. This was 27% of the 14,931 total sentenced inmates on that date.
Table 1 indicates the number of sentenced inmates in prison on that date for each offense that carries a mandatory sentence arranged from the most serious to the least serious possible penalty. The table specifies the offense, the mandatory minimum sentence, the statutory citation, and the number of inmates serving a sentence for the offense.
Apparently, the DOC computer program does not recognize offenses that have more than seven characters. Such offenses include the following three that carry a mandatory minimum sentence-CGS § 21a-278a(a), (b), and (c) (Sale of drugs to minors, sale of drugs to minors near schools, public housing projects, or day care centers, or using someone under 18 to sell drugs). Apparently, any inmates sentenced for these offenses are recorded under either CGS §§ 21a-278(a) or 21a-278(b). Thus, the figures presented for 21a-278(a) and 21a-278(b) may be somewhat inflated because they include inmates sentenced for violating 21a-278a(a), (b), or (c). Unfortunately, there appears to be no way to resolve this issue without going through inmate files.
Table 1: Sentenced Inmates for Offenses Carrying a Mandatory Minimum (M. M. ) Sentence
as of March 31, 2002, Offenses Arranged by Class
Offense |
Statute |
Number of Inmates Sentenced |
Percent of All Sentenced Inmates |
CAPITAL FELONY | |||
Capital felony (penalty-execution or life imprisonment without the possibility of release) |
53a-54b |
37 |
0. 2 |
CLASS A FELONIES | |||
Murder other than a capital felony (m. m. 25 years) |
53a-54a |
482 |
3. 2 |
Felony murder (m. m. 25 years) |
53a-54c |
161 |
1. 1 |
Kidnapping in the first degree (m. m. one year pursuant to State v. Jenkins, 198 Conn. 671 (1986)) |
53a-92 |
74 |
0. 5 |
Kidnapping in the first degree with a firearm (m. m. one year) |
53a-92a |
11 |
<0. 1 |
Employing a minor in an obscene performance (m. m. 10 years) |
53a-196a |
2 |
<0. 1 |
CLASS B FELONIES | |||
Manslaughter in the first degree with a firearm (m. m. five years) |
53a-55a |
94 |
0. 6 |
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 |
424 |
2. 8 |
Assault of elderly, blind, disabled, pregnant, or mentally retarded person in the first degree (m. m. five years) |
53a-59a |
19 |
0. 1 |
Sexual assault in the first degree (m. m. two years, 10 years if victim under age 10) |
53a-70 |
406 |
2. 7 |
Aggravated sexual assault in the first degree (m. m. five years) |
53a-70a |
19 |
0. 1 |
Kidnapping in the second degree (m. m. three years) |
53a-94 |
24 |
0. 2 |
Kidnapping in the second degree with a firearm (m. m. three years) |
53a-94a |
6 |
<0. 1 |
Burglary in the first degree when armed with a deadly weapon (m. m. five years) |
53a-101 |
71 |
0. 5 |
Robbery in the first degree when armed with a deadly weapon (m. m. five years) |
53a-134 |
592 |
4. 0 |
CLASS C FELONIES | |||
Manslaughter in the second degree with a firearm (m. m. one year) |
53a-56a |
1 |
<0. 1 |
Sexual assault in the second degree (m. m. nine months) |
53a-71 |
215 |
1. 4 |
Sexual assault in the third degree with a firearm (m. m. two years) |
53a-72b |
0 |
0 |
Burglary in the second degree with a firearm (m. m. one year) |
53a-102a |
2 |
<0. 1 |
Larceny in the second degree (m. m. two years if property is "taken" from elderly, blind, disabled, pregnant, or mentally retarded victim, see 53a-60b) |
53a-123 |
200 |
1. 3 |
Selling or transporting assault weapon (m. m. two years, six years if sale is to a minor) |
53-202b |
0 |
0 |
CLASS D FELONIES | |||
Illegal sale or transfer of handgun to minor (m. m. one year) |
29-34 |
0 |
0 |
Assault in the second degree with a firearm (m. m. one year) |
53a-60a |
5 |
<0. 1 |
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 |
11 |
0. 1 |
Assault of elderly, blind, disabled, pregnant, or mentally retarded person in the second degree with a firearm (m. m. three years) |
53a-60c |
0 |
0 |
Burglary in the third degree with a firearm (m. m. one year) |
53a-103a |
1 |
<0. 1 |
Criminal use of a firearm (m. m. five years) |
53a-216 |
0 |
0 |
Criminal possession of a firearm or electronic defense weapon (m. m. two years) |
53a-217 |
63 |
0. 4 |
Possession of an assault weapon (m. m. one year) |
53-202c |
2 |
<0. 1 |
CLASS A MISDEMEANORS | |||
Assault in the third degree with deadly weapon (m. m. one year). |
53a-61 |
229 |
1. 5 |
Assault of elderly, blind, disabled, pregnant, or mentally retarded person in the third degree (m. m. one year) |
53a-61a |
14 |
0. 1 |
OTHER OFFENSES | |||
Driving during license suspension for DWI and DWI related offenses (m. m. 30 days unless mitigating circumstance) |
14-215(c) |
67 |
0. 4 |
Subsequent conviction for increasing speed in attempt to elude a police officer after being signaled to stop if both convictions involve death or serious physical injury (m. m one year) |
14-223 (b) |
0 |
<0. 1 |
First DWI conviction (48 hour m. m. if not given community service) |
14-227a(h) |
468 |
3. 1 |
Subsequent DWI convictions (m. m. 120 days and one year) |
14-227a(h) | ||
Use, possession, or delivery of drug paraphernalia near school by non-student (m. m. one year) |
21a-267(c), as amended by PA 01-99 |
0 |
0. 0 |
Manufacture, sale, distribution, or possession with intent to sell heroin, methodone, or cocaine, by a nondrug dependent person (m. m. five to 20 years at court's discretion) * |
21a-278(a) |
77 |
0. 5 |
Manufacture, sale, distribution or possession with intent to sell narcotics, hallucinogenics other than marijuana, amphetamines, or at least one kilogram of marijuana by nondrug dependent person (m. m. five to 20 years for first offense, and 10 to 25 years for subsequent offense) * |
21a-278(b) |
229 |
1. 5 |
Sale of drugs to minor (m. m. two years) ** |
21a-278a(a) |
0*** |
0. 0 |
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 |
0*** |
0. 0 |
Using person under 18 to sell drugs (m. m. three years) ** |
21a-278a(c) |
0*** |
0. 0 |
Possession of narcotic, hallucinogenic, or controlled substance near schools (m. m. two years) |
21a-279(d), as amended by PA 01-99 |
6 |
<0. 1 |
Carrying handgun without a permit (m. m. one year if no mitigating circumstances) |
29-37(b) |
0 |
0. 0 |
Persistent felony offender (m. m. three years) |
53a-40(m) |
0 |
0. 0 |
Carjacking (m. m. three years) |
53a-136a |
3 |
<0. 1 |
Committing A, B, or C felony with assault rifle (m. m. eight years) |
53-202j |
0 |
0. 0 |
Committing A, B, or C felony with firearm (m. m. five years) |
53-202k |
1 |
<0. 1 |
* Court may suspend the mandatory minimum if the defendant was under 18 years of age or his mental capacity was significantly impaired.
** PA 01-99 allows judges to impose less than the law's mandatory minimum based on certain circumstances.
*** Apparently, the DOC computer program is unable to accommodate statutory citations that have too many characters. Thus, CGS §§ 21a-278a(a), 278a(b), and 278a(c) are not separately recorded. Apparently any offenders in these categories are added to CGS § 21a-278(a) or (b) on the DOC printout, which lists these citations as 21a-278A and 21a-278B.
GC: ro