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.
Table of Contents
Sec. 53a-24. Offense defined. Application of sentencing provisions to motor vehicle and drug selling violators.
Sec. 53a-25. Felony: Definition, classification, designation.
Sec. 53a-26. Misdemeanor: Definition, classification, designation.
Sec. 53a-27. Violation: Definition, designation.
Sec. 53a-28. Authorized sentences.
Sec. 53a-28a. Enforcement of orders of financial restitution.
Sec. 53a-29. Probation and conditional discharge: Criteria; periods.
Sec. 53a-30. Conditions of probation and conditional discharge.
Sec. 53a-31. Calculation of periods of probation and conditional discharge.
Sec. 53a-32. Violation of probation or conditional discharge. Arrest. Hearing. Disposition.
Sec. 53a-32a. Violation of probation by certain sexual offenders.
Sec. 53a-33. Termination of probation or conditional discharge.
Sec. 53a-34. Unconditional discharge: Criteria; effect.
Sec. 53a-35. Imprisonment for any felony committed prior to July 1, 1981: Indeterminate sentences; maximum and minimum terms.
Sec. 53a-35a. Imprisonment for any felony committed on or after July 1, 1981: Definite sentences; terms authorized.
Sec. 53a-35b. "Life imprisonment" defined.
Sec. 53a-35c. Availability of sentence of life imprisonment without the possibility of release.
Sec. 53a-36. Imprisonment for misdemeanor: Maximum and minimum sentences.
Sec. 53a-37. Multiple sentences: Concurrent or consecutive, minimum term.
Sec. 53a-38. Calculation of terms of imprisonment.
Sec. 53a-39. Reduction of sentence or discharge of defendant by sentencing court or judge. Statement by victim.
Sec. 53a-39a. Alternate incarceration program.
Sec. 53a-39b. Special alternative incarceration program for young male defendants.
Sec. 53a-39c. Community service labor program.
Sec. 53a-39d. Pilot zero-tolerance drug supervision program.
Sec. 53a-40. Persistent offenders: Definitions; defense; authorized sentences.
Sec. 53a-40a. Persistent offenders of crimes involving bigotry or bias. Authorized sentences.
Sec. 53a-40b. Additional term of imprisonment authorized for offense committed while on release.
Sec. 53a-40c. Psychological counseling required for person convicted of sexual assault of a minor.
Sec. 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order. Authorized sentences.
Sec. 53a-40e. Standing criminal restraining order.
Sec. 53a-40f. Persistent operating while under the influence felony offender. Authorized sentences.
Sec. 53a-41. Fines for felonies.
Sec. 53a-42. Fines for misdemeanors.
Sec. 53a-43. Fines for violations.
Sec. 53a-44. Alternative fine based on defendant's gain.
Sec. 53a-45. Murder: Penalty; waiver of jury trial; finding of lesser degree.
Sec. 53a-46. Sentencing proceedings; appeal.
Sec. 53a-46a. Imposition of sentence for capital felony. Hearing. Special verdict. Mitigating and aggravating factors. Factors barring death sentence.
Sec. 53a-46b. Review of death sentence.
Sec. 53a-46c. Applicability of death penalty provisions in effect on and after October 1, 1980.
Sec. 53a-46d. Victim impact statement read in court prior to imposition of sentence for crime punishable by death.
Sec. 53a-47. Disposition of person found not guilty by reason of mental disease or defect. Confinement and examination. Release.
Sec. 53a-48. Conspiracy. Renunciation.
Sec. 53a-49. Criminal attempt: Sufficiency of conduct; renunciation as defense.
Sec. 53a-50. Effect of motivation on renunciation.
Sec. 53a-51. Classification of attempt and conspiracy.
Sec. 53a-52. Conviction; sentencing.
Secs. 53a-53 and 53a-54. Homicide defined. Murder defined; affirmative defenses; evidence of mental condition; classification.
Sec. 53a-54a. Murder.
Sec. 53a-54b. Capital felony.
Sec. 53a-54c. Felony murder.
Sec. 53a-54d. Arson murder.
Sec. 53a-55. Manslaughter in the first degree: Class B felony.
Sec. 53a-55a. Manslaughter in the first degree with a firearm: Class B felony: Five years not suspendable.
Sec. 53a-56. Manslaughter in the second degree: Class C felony.
Sec. 53a-56a. Manslaughter in the second degree with a firearm: Class C felony: One year not suspendable.
Sec. 53a-56b. Manslaughter in the second degree with a motor vehicle: Class C felony.
Sec. 53a-57. Misconduct with a motor vehicle: Class D felony.
Sec. 53a-58. Criminally negligent homicide: Class A misdemeanor.
Sec. 53a-58a. Negligent homicide with a motor vehicle.
Sec. 53a-59. Assault in the first degree: Class B felony: Nonsuspendable sentences.
Sec. 53a-59a. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree: Class B felony: Five years not suspendable.
Sec. 53a-59b. Assault of an employee of the Department of Correction in the first degree: Class B felony.
Sec. 53a-59c. Assault of a pregnant woman resulting in termination of pregnancy: Class A felony.
Sec. 53a-60. Assault in the second degree: Class D felony.
Sec. 53a-60a. Assault in the second degree with a firearm: Class D felony: One year not suspendable.
Sec. 53a-60b. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree: Class D felony: Two years not suspendable.
Sec. 53a-60c. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree with a firearm: Class D felony: Three years not suspendable.
Sec. 53a-60d. Assault in the second degree with a motor vehicle: Class D felony.
Sec. 53a-61. Assault in the third degree: Class A misdemeanor.
Sec. 53a-61a. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the third degree: Class A misdemeanor: One year not suspendable.
Secs. 53a-61b to 53a-61z.
Sec. 53a-61aa. Threatening in the first degree: Class D felony.
Sec. 53a-62. Threatening in the second degree: Class A misdemeanor.
Sec. 53a-63. Reckless endangerment in the first degree: Class A misdemeanor.
Sec. 53a-64. Reckless endangerment in the second degree: Class B misdemeanor.
Sec. 53a-65. Definitions.
Sec. 53a-66. Lack of consent.
Sec. 53a-67. Affirmative defenses.
Secs. 53a-68 and 53a-69. Corroboration; exceptions. Time limitation for complaint.
Sec. 53a-70. Sexual assault in the first degree: Class B or A felony.
Sec. 53a-70a. Aggravated sexual assault in the first degree: Class B or A felony.
Sec. 53a-70b. Sexual assault in spousal or cohabiting relationship: Class B felony.
Sec. 53a-71. Sexual assault in the second degree: Class C or B felony.
Sec. 53a-72. Rape in the first degree: Class B felony.
Sec. 53a-72a. Sexual assault in the third degree: Class D or C felony.
Sec. 53a-72b. Sexual assault in the third degree with a firearm: Class C or B felony.
Sec. 53a-73. Rape in the second degree: Class C felony.
Sec. 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony.
Secs. 53a-74 to 53a-81. Rape in the second degree. Deviate sexual intercourse in the first and second degree. Sexual contact in the first, second and third degree. Adultery: Class A misdemeanor.
Sec. 53a-82. Prostitution: Class A misdemeanor.
Sec. 53a-83. Patronizing a prostitute: Class A misdemeanor.
Sec. 53a-83a. Patronizing a prostitute from a motor vehicle: Class A misdemeanor.
Sec. 53a-84. Sex of parties immaterial.
Sec. 53a-85. Promoting prostitution: Definitions.
Sec. 53a-86. Promoting prostitution in the first degree: Class B felony.
Sec. 53a-87. Promoting prostitution in the second degree: Class C felony.
Sec. 53a-88. Promoting prostitution in the third degree: Class D felony.
Sec. 53a-89. Permitting prostitution: Class A misdemeanor.
Sec. 53a-90.
Sec. 53a-90a. Enticing a minor. Penalties.
Sec. 53a-91. Definitions.
Sec. 53a-92. Kidnapping in the first degree: Class A felony.
Sec. 53a-92a. Kidnapping in the first degree with a firearm: Class A felony: One year not suspendable.
Sec. 53a-93. Proceeding to determine sentence for kidnapping in first degree.
Sec. 53a-94. Kidnapping in the second degree: Class B felony: Three years not suspendable.
Sec. 53a-94a. Kidnapping in the second degree with a firearm: Class B felony: Three years not suspendable.
Sec. 53a-95. Unlawful restraint in the first degree: Class D felony.
Sec. 53a-96. Unlawful restraint in the second degree: Class A misdemeanor.
Sec. 53a-97. Custodial interference in the first degree: Class D felony.
Sec. 53a-98. Custodial interference in the second degree: Class A misdemeanor.
Sec. 53a-99. Substitution of children: Class D felony.
Sec. 53a-100. Definitions.
Sec. 53a-101. Burglary in the first degree: Class B felony.
Sec. 53a-102. Burglary in the second degree: Class C felony.
Sec. 53a-102a. Burglary in the second degree with a firearm: Class C felony: One year not suspendable.
Sec. 53a-103. Burglary in the third degree: Class D felony.
Sec. 53a-103a. Burglary in the third degree with a firearm: Class D felony: One year not suspendable.
Sec. 53a-104. Affirmative defense to burglary.
Sec. 53a-105. Conviction for burglary and other offense authorized, when.
Sec. 53a-106. Manufacturing or possession of burglar's tools: Class A misdemeanor.
Sec. 53a-107. Criminal trespass in the first degree: Class A misdemeanor.
Sec. 53a-108. Criminal trespass in the second degree: Class B misdemeanor.
Sec. 53a-109. Criminal trespass in the third degree: Class C misdemeanor.
Sec. 53a-110. Affirmative defenses to criminal trespass.
Sec. 53a-110a. Simple trespass: Infraction.
Sec. 53a-110b.
Sec. 53a-110c.
Sec. 53a-110d. Simple trespass of railroad property: Infraction.
Sec. 53a-111. Arson in the first degree: Class A felony.
Sec. 53a-112. Arson in the second degree: Class B felony.
Sec. 53a-113. Arson in the third degree: Class C felony.
Sec. 53a-114. Reckless burning: Class D felony.
Sec. 53a-115. Criminal mischief in the first degree: Class D felony.
Sec. 53a-116. Criminal mischief in the second degree: Class A misdemeanor.
Sec. 53a-117. Criminal mischief in the third degree: Class B misdemeanor.
Sec. 53a-117a. Criminal mischief in the fourth degree: Class C misdemeanor.
Secs. 53a-117b to 53a-117d.
Sec. 53a-117e. Criminal damage of a landlord's property in the first degree: Class D felony.
Sec. 53a-117f. Criminal damage of a landlord's property in the second degree: Class A misdemeanor.
Sec. 53a-117g. Criminal damage of a landlord's property in the third degree: Class B misdemeanor.
Secs. 53a-117h to 53a-117j.
Sec. 53a-117k. Damage to railroad property in the first degree: Class D felony.
Sec. 53a-117l. Damage to railroad property in the second degree: Class A misdemeanor.
Sec. 53a-117m. Damage to railroad property in the third degree: Class B misdemeanor.
Sec. 53a-118. Definitions generally.
Sec. 53a-119. Larceny defined.
Sec. 53a-119a. Shoplifting and library theft; detention, questioning, presumption of crime.
Sec. 53a-119b. Using motor vehicle or vessel without owner's permission. Interfering or tampering with a motor vehicle. First offense: Class A misdemeanor. Subsequent offense: Class D felony.
Sec. 53a-120. Theft of services; service and credit card defined.
Sec. 53a-121. Value of property or services.
Sec. 53a-122. Larceny in the first degree: Class B felony.
Sec. 53a-123. Larceny in the second degree: Class C felony.
Sec. 53a-124. Larceny in the third degree: Class D felony.
Sec. 53a-125. Larceny in the fourth degree: Class A misdemeanor.
Sec. 53a-125a. Larceny in the fifth degree: Class B misdemeanor.
Sec. 53a-125b. Larceny in the sixth degree: Class C misdemeanor.
Sec. 53a-126. Larceny by receiving stolen property.
Sec. 53a-126a. Criminal trover in the first degree: Class D felony, first offense; Class C felony, subsequent offense.
Sec. 53a-126b. Criminal trover in the second degree: Class A misdemeanor.
Sec. 53a-127. Diversion from state of benefit of labor of employees: Class A misdemeanor.
Sec. 53a-127a. Unlawful entry into coin machine; possession of key to enter: Class A misdemeanor.
Sec. 53a-127b. Fraudulent use of an automated teller machine: Class C misdemeanor.
Sec. 53a-127c. Theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain: Class D felony.
Sec. 53a-127d. Cheating: Class D felony or class B misdemeanor.
Sec. 53a-127e. Possession of a cheating device: Class D felony.
Sec. 53a-127f. Possession of a shoplifting device: Class A misdemeanor.
Sec. 53a-128. Issuing a bad check. Penalties.
Sec. 53a-128a. Credit card crimes. Definitions.
Sec. 53a-128b. False statement to procure issuance of credit card.
Sec. 53a-128c. Credit card theft. Illegal transfer. Fraud. Forgery.
Sec. 53a-128d. Illegal use of credit card. Presumption of knowledge of revocation.
Sec. 53a-128e. Illegal furnishing of money, goods or services on credit card.
Sec. 53a-128f. Unlawful completion or reproduction of credit card.
Sec. 53a-128g. Receipt of money, goods or services obtained by illegal use of credit card.
Sec. 53a-128h. Certain defenses denied.
Sec. 53a-128i. Penalties for credit card crimes.
Sec. 53a-129. Misapplication of property: Class A misdemeanor.
Sec. 53a-129a. Identity theft defined.
Sec. 53a-129b. Identity theft in the first degree: Class B felony.
Sec. 53a-129c. Identity theft in the second degree: Class C felony.
Sec. 53a-129d. Identity theft in the third degree: Class D felony.
Sec. 53a-129e. Trafficking in personal identifying information: Class D felony.
Sec. 53a-130. Criminal impersonation: Class B misdemeanor.
Sec. 53a-130a. Impersonation of a police officer: Class D felony.
Sec. 53a-131. Unlawfully concealing a will: Class A misdemeanor.
Sec. 53a-132. False entry by an officer or agent of a public community: Class A misdemeanor.
Sec. 53a-133. Robbery defined.
Sec. 53a-134. Robbery in the first degree: Class B felony.
Sec. 53a-135. Robbery in the second degree: Class C felony.
Sec. 53a-136. Robbery in the third degree: Class D felony.
Sec. 53a-136a. Robbery involving occupied motor vehicle. Penalty.
Sec. 53a-137. Definitions.
Sec. 53a-138. Forgery in the first degree: Class C felony.
Sec. 53a-139. Forgery in the second degree: Class D felony.
Sec. 53a-140. Forgery in the third degree: Class B misdemeanor.
Sec. 53a-141. Criminal simulation: Class A misdemeanor.
Sec. 53a-142. Forgery of symbols: Class A misdemeanor.
Sec. 53a-143. Unlawfully using slugs: Definitions.
Sec. 53a-144. Unlawfully using slugs in the first degree: Class B misdemeanor.
Sec. 53a-145. Unlawfully using slugs in the second degree: Class C misdemeanor.
Sec. 53a-146. Definitions.
Sec. 53a-147. Bribery: Class C felony.
Sec. 53a-148. Bribe receiving: Class C felony.
Sec. 53a-149. Bribery of a witness: Class C felony.
Sec. 53a-150. Bribe receiving by a witness: Class C felony.
Sec. 53a-151. Tampering with a witness: Class C felony.
Sec. 53a-151a. Intimidating a witness: Class C felony.
Sec. 53a-152. Bribery of a juror: Class C felony.
Sec. 53a-153. Bribe receiving by a juror: Class C felony.
Sec. 53a-154. Tampering with a juror: Class D felony.
Sec. 53a-155. Tampering with or fabricating physical evidence: Class D felony.
Sec. 53a-156. Perjury: Class D felony.
Sec. 53a-157.
Sec. 53a-157a. False statement in the first degree: Class D felony.
Sec. 53a-157b. (Formerly Sec. 53a-157). False statement in the second degree: Class A misdemeanor.
Sec. 53a-158. Bribery of a labor official: Class D felony.
Sec. 53a-159. Bribe receiving by a labor official: Class D felony.
Sec. 53a-160. Commercial bribery: Class D felony.
Sec. 53a-161. Receiving a commercial bribe: Class D felony.
Sec. 53a-161a. Bid rigging: Class D felony.
Sec. 53a-161b. Disclosure of bid or proposal: Class A misdemeanor.
Sec. 53a-161c. Receiving kickbacks: Class D felony.
Sec. 53a-161d. Paying a kickback: Class D felony.
Sec. 53a-162. Rigging: Class D felony.
Sec. 53a-163. Soliciting or accepting benefit for rigging: Class A misdemeanor.
Sec. 53a-164. Participation in a rigged contest: Class A misdemeanor.
Sec. 53a-165. Hindering prosecution defined.
Secs. 53a-165a to 53a-165z.
Sec. 53a-165aa. Hindering prosecution in the first degree: Class C felony.
Sec. 53a-166. Hindering prosecution in the second degree: Class C felony.
Sec. 53a-167. Hindering prosecution in the third degree: Class D felony.
Sec. 53a-167a. Interfering with an officer: Class A misdemeanor.
Sec. 53a-167b. Failure to assist a peace officer or firefighter: Class A misdemeanor.
Sec. 53a-167c. Assault of public safety or emergency medical personnel.
Sec. 53a-167d. Assault of a prosecutor: Class C felony.
Sec. 53a-168. Escape: Definitions.
Sec. 53a-169. Escape in the first degree: Class C felony.
Sec. 53a-170. Escape in the second degree: Class D felony.
Sec. 53a-171. Escape from custody: Class C felony or class A misdemeanor.
Sec. 53a-171a. Aiding escape from hospital or sanatorium: Class A misdemeanor.
Sec. 53a-172. Failure to appear in the first degree: Class D felony.
Sec. 53a-173. Failure to appear in the second degree: Class A misdemeanor.
Sec. 53a-174. Unauthorized conveyance of items into correctional or humane institution or to inmate: Class D felony. Unauthorized conveyance of letter into or from, or use of false name to enter, correctional institution: Class A misdemeanor.
Sec. 53a-174a. Possession of weapon or dangerous instrument in correctional institution: Class B felony.
Sec. 53a-175. Riot in the first degree: Class A misdemeanor.
Sec. 53a-176. Riot in the second degree: Class B misdemeanor.
Sec. 53a-177. Unlawful assembly: Class B misdemeanor.
Sec. 53a-178. Inciting to riot: Class A misdemeanor.
Sec. 53a-179. Criminal advocacy: Class D felony.
Sec. 53a-179a. Inciting injury to persons or property: Class C felony.
Sec. 53a-179b. Rioting at correctional institution: Class B felony.
Sec. 53a-179c. Inciting to riot at correctional institution: Class C felony.
Sec. 53a-180. Falsely reporting an incident in the first degree: Class D felony.
Sec. 53a-180a. Falsely reporting an incident resulting in serious physical injury or death: Class C felony.
Sec. 53a-180b. Falsely reporting an incident concerning serious physical injury or death: Class D felony.
Sec. 53a-180c. Falsely reporting an incident in the second degree: Class A misdemeanor.
Secs. 53a-180d to 53a-180z.
Sec. 53a-180aa. Breach of the peace in the first degree: Class D felony.
Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor.
Sec. 53a-181a. Creating a public disturbance: Infraction.
Sec. 53a-181b. Intimidation based on bigotry or bias: Class D felony.
Sec. 53a-181c. Stalking in the first degree: Class D felony.
Sec. 53a-181d. Stalking in the second degree: Class A misdemeanor.
Sec. 53a-181e. Stalking in the third degree: Class B misdemeanor.
Secs. 53a-181f to 53a-181h.
Sec. 53a-181i. Intimidation based on bigotry or bias: Definitions.
Sec. 53a-181j. Intimidation based on bigotry or bias in the first degree: Class C felony.
Sec. 53a-181k. Intimidation based on bigotry or bias in the second degree: Class D felony.
Sec. 53a-181l. Intimidation based on bigotry or bias in the third degree: Class A misdemeanor.
Sec. 53a-182. Disorderly conduct: Class C misdemeanor.
Sec. 53a-182a. Obstructing free passage: Class C misdemeanor.
Sec. 53a-182b. Harassment in the first degree: Class D felony.
Sec. 53a-183. Harassment in the second degree: Class C misdemeanor.
Sec. 53a-183a. Obstructing or interfering with the lawful taking of wildlife: Class C misdemeanor.
Sec. 53a-183b. Interfering with an emergency call: Class A misdemeanor.
Secs. 53a-184 and 53a-184a. Intoxication by drug; definition, commitment, treatment, penalty. Intoxication by alcohol or drug; definition, commitment, dismissal of criminal proceedings, unclassified misdemeanor.
Sec. 53a-185. Loitering on school grounds: Class C misdemeanor.
Sec. 53a-186. Public indecency: Class B misdemeanor.
Sec. 53a-187. Definitions. Applicability.
Sec. 53a-188. Tampering with private communications: Class A misdemeanor.
Sec. 53a-189. Eavesdropping: Class D felony.
Sec. 53a-189a. Voyeurism: Class D felony.
Sec. 53a-189b. Disseminating voyeuristic material: Class D felony.
Sec. 53a-190. Bigamy: Class D felony.
Sec. 53a-191. Incest: Class D felony.
Sec. 53a-192. Coercion: Class A misdemeanor or class D felony.
Sec. 53a-193. Definitions.
Sec. 53a-194. Obscenity: Class B misdemeanor.
Sec. 53a-195. Defense.
Sec. 53a-196. Obscenity as to minors: Class D felony.
Sec. 53a-196a. Employing a minor in an obscene performance: Class A felony.
Sec. 53a-196b. Promoting a minor in an obscene performance: Class B felony.
Sec. 53a-196c. Importing child pornography: Class B felony.
Sec. 53a-196d. Possessing child pornography in the first degree: Class B felony.
Sec. 53a-196e. Possessing child pornography in the second degree: Class C felony.
Sec. 53a-196f. Possessing child pornography in the third degree: Class D felony.
Sec. 53a-196g. Possesing child pornography: Affirmative defenses.
Secs. 53a-197 and 53a-198. Disseminating indecent comic books: Class A misdemeanor. Failing to identify a comic book publication: Violation.
Sec. 53a-199. Injunction against promoting any obscene material or performance.
Sec. 53a-200. Institution of action for adjudication of obscenity.
Sec. 53a-201. Presentation of material or evidence depicting performance. Probable cause determination. Time for trial and decision.
Sec. 53a-202. Third party may be made a party.
Sec. 53a-203. Jury trial.
Sec. 53a-204. Evidence.
Sec. 53a-205. Judgment.
Sec. 53a-206. Injunction and restraining order.
Sec. 53a-207. Service of process on nonresidents.
Sec. 53a-208. Extradition.
Sec. 53a-209. Penalties.
Sec. 53a-210. Levy of fine against property.
Sec. 53a-211. Possession of a sawed-off shotgun or silencer: Class D felony.
Sec. 53a-212. Stealing a firearm: Class D felony.
Sec. 53a-213. Drinking while operating motor vehicle: Class C misdemeanor.
Sec. 53a-214. Criminal lockout: Class C misdemeanor.
Sec. 53a-215. Insurance fraud: Class D felony.
Sec. 53a-216. Criminal use of firearm or electronic defense weapon: Class D felony.
Sec. 53a-217. Criminal possession of a firearm or electronic defense weapon: Class D felony.
Sec. 53a-217a. Criminally negligent storage of a firearm: Class D felony.
Sec. 53a-217b. Possession of a weapon on school grounds: Class D felony.
Sec. 53a-217c. Criminal possession of a pistol or revolver: Class D felony.
Sec. 53a-217d. Criminal possession of body armor: Class A misdemeanor.
Sec. 53a-217e. Negligent hunting. Penalties. Fines deposited in the Criminal Injuries Compensation Fund and the Conservation Fund. Suspension of hunting license. Forfeiture of hunting weapon. Prima facie evidence of hunting.
Sec. 53a-218. Interference with a cemetery or burial ground: Class C felony.
Sec. 53a-219. Unlawful possession or sale of gravestones: Class D felony.
Sec. 53a-220. Interference with a memorial plaque: Class A misdemeanor.
Sec. 53a-221. Unlawful possession, purchase or sale of a memorial plaque: Class A misdemeanor.
Sec. 53a-222. Violation of conditions of release: Class A misdemeanor.
Sec. 53a-223. (Formerly Sec. 53a-110b). Criminal violation of a protective order: Class D felony.
Sec. 53a-223a. (Formerly Sec. 53a-110c). Criminal violation of a standing criminal restraining order: Class D felony.
Sec. 53a-223b. Criminal violation of a restraining order: Class A misdemeanor.
Secs. 53a-223c to 53a-249.
Sec. 53a-250. Definitions.
Sec. 53a-251. Computer crime.
Sec. 53a-252. Computer crime in the first degree: Class B felony.
Sec. 53a-253. Computer crime in the second degree: Class C felony.
Sec. 53a-254. Computer crime in the third degree: Class D felony.
Sec. 53a-255. Computer crime in the fourth degree: Class A misdemeanor.
Sec. 53a-256. Computer crime in the fifth degree: Class B misdemeanor.
Sec. 53a-257. Alternative fine based on defendant's gain.
Sec. 53a-258. Determination of degree of crime.
Sec. 53a-259. Value of property or computer services.
Sec. 53a-260. Location of offense.
Sec. 53a-261. Jurisdiction.
Secs. 53a-262 to 53a-274.
Sec. 53a-275. Money laundering. Definitions.
Sec. 53a-276. Money laundering in the first degree: Class B felony.
Sec. 53a-277. Money laundering in the second degree: Class C felony.
Sec. 53a-278. Money laundering in the third degree: Class D felony.
Sec. 53a-279. Money laundering in the fourth degree: Class A misdemeanor.
Sec. 53a-280. Money laundering. Alternative fine.
Sec. 53a-281. Money laundering. Corporate fines.
Sec. 53a-282. Money laundering. Presumptions.
Secs. 53a-283 to 53a-289.
Sec. 53a-290. "Vendor fraud" defined.
Sec. 53a-291. Vendor fraud in the first degree: Class B felony.
Sec. 53a-292. Vendor fraud in the second degree: Class C felony.
Sec. 53a-293. Vendor fraud in the third degree: Class D felony.
Sec. 53a-294. Vendor fraud in the fourth degree: Class A misdemeanor.
Sec. 53a-295. Vendor fraud in the fifth degree: Class B misdemeanor.
Sec. 53a-296. Vendor fraud in the sixth degree: Class C misdemeanor.
Secs. 53a-297 to 53a-299.
Sec. 53a-300. Act of terrorism. Enhanced sentence.
Sec. 53a-301. Computer crime in furtherance of terrorist purposes: Class B felony.
Sec. 53a-302. Criminal misrepresentation: Class C felony.
Sec. 53a-303. Contaminating a public water supply or food supply for terrorist purposes: Class C felony.
Sec. 53a-304. Damage to public transportation property for terrorist purposes: Class C felony.
Secs. 53a-305 to 53a-319.
Sec. 53a-320. Definitions.
Sec. 53a-321. Abuse in the first degree: Class C felony.
Sec. 53a-322. Abuse in the second degree: Class D felony.
Sec. 53a-323. Abuse in the third degree: Class A misdemeanor.
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.
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.
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.
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.
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. Id., 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. Court properly considered evidence
of defendant's criminal history in its determination to revoke defendant's probation. 58 CA 275.
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 (1) a person is convicted of an offense that resulted in injury to another person or
damage to or loss of property, (2) the victim requests financial restitution, and (3) the
court finds that the victim has suffered injury or damage to or loss of property as a result
of such offense, the court shall order the offender to make financial restitution under
terms that it determines are appropriate. In determining the appropriate terms of financial
restitution, the court shall consider: (A) The financial resources of the offender and the
burden restitution will place on other obligations of the offender; (B) the offender's
ability to pay based on installments or other conditions; (C) the rehabilitative effect on
the offender of the payment of restitution and the method of payment; and (D) other
circumstances, including the financial burden and impact on the victim, that the court
determines make the terms of restitution appropriate. If the court determines that the
current financial resources of the offender or the offender's current ability to pay based
on installments or other conditions are such that no appropriate terms of restitution can
be determined, the court may forego setting such terms. The court shall articulate its
findings on the record with respect to each of the factors set forth in subparagraphs (A)
to (D), inclusive, of this subsection. 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. Restitution ordered by the court pursuant to this subsection shall be imposed or directed by a written order of the court containing the amount
of damages for injury or loss of property, actual expenses incurred for treatment for
injury to persons and lost wages resulting from injury as ascertained by the court. The
order of the court shall direct that a certified copy of the order be delivered by certified
mail to the victim and contain an advisement to the victim that the order is enforceable
as a judgment in a civil action as provided in section 53a-28a.
(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; P.A.
01-211, S. 13; P.A. 03-19, S. 125.)
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; P.A. 01-211 amended Subsec. (c) to designate as
Subdiv. (1) the condition for ordering restitution that a person is convicted of an offense that resulted in injury to another
person or damage to or loss of property, add new Subdiv. (2) re condition that the victim requests financial restitution, add
new Subdiv. (3) re condition that the court finds that the victim has suffered injury or damage to or loss of property as a
result of such offense, require the court to order the offender to make financial restitution "under terms that it determines
are appropriate" rather than "if it determines that financial restitution is appropriate", replace "In determining whether
financial restitution is appropriate" with "In determining the appropriate terms of financial restitution", redesignate existing
Subdivs. (1), (2), (3) and (4) as Subparas. (A), (B), (C) and (D), replace in Subpara. (D) "other circumstances that the court
determines makes restitution appropriate or inappropriate" with "other circumstances, including the financial burden and
impact on the victim, that the court determines makes the terms of restitution appropriate", authorize the court to forego
setting appropriate terms of restitution if the current financial resources or ability to pay of the offender are such that no
appropriate terms can be determined, require the court to articulate its findings on the record re factors in Subparas. (A)
to (D), require restitution ordered by the court to be imposed or directed by a written order containing the amount of
damages, expenses and lost wages and require a certified copy of the court order to be delivered by certified mail to the
victim and to contain an advisement that the order is enforceable as provided in Sec. 53a-28a; P.A. 03-19 made a technical
change in Subsec. (c), effective May 12, 2003.
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. Monetary obligation re insurance for victim as a special condition of probation
speculative. 55 CA 28.
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. Court did not commit plain error when it did not conduct an analysis pursuant to subsec. during
sentencing because said subsec.- does not apply to plea bargains in which defendant and the state have lready agreed to
restitution amount. 81 CA 310.
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.)
Sec. 53a-29. Probation and conditional discharge: Criteria; periods. (a) The
court may sentence a person to a period of probation upon conviction of any crime,
other than a class A felony, if it is of the opinion that: (1) Present or extended institutional
confinement of the defendant is not necessary for the protection of the public; (2) the
defendant is in need of guidance, training or assistance which, in his case, can be effectively administered through probation supervision; and (3) such disposition is not inconsistent with the ends of justice.
(b) The court may impose a sentence of conditional discharge for an offense, other
than a class A felony, if it is of the opinion that: (1) Present or extended institutional
confinement of the defendant is not necessary for the protection of the public; and (2)
probation supervision is not appropriate.
(c) When the court imposes a sentence of conditional discharge the defendant shall
be released with respect to the conviction for which the sentence is imposed but shall
be subject, during the period of such conditional discharge, to such conditions as the
court may determine. The court shall impose the period of conditional discharge authorized by subsection (d) of this section and shall specify, in accordance with section 53a-30, the conditions to be complied with. When a person is sentenced to a period of probation the court shall impose the period authorized by subsection (d) of this section and
may impose any conditions authorized by section 53a-30. When a person is sentenced
to a period of probation, he shall pay to the court a fee of two hundred dollars and shall
be placed under the supervision of the Court Support Services Division.
(d) The period of probation or conditional discharge, unless terminated sooner as
provided in section 53a-32 or 53a-33, shall be as follows: (1) For a felony, except as
provided in subsection (e) of this section, not more than five years; (2) for a class A
misdemeanor, not more than three years; (3) for a class B misdemeanor, not more than
two years; (4) for a class C misdemeanor, not more than one year; and (5) for an unclassified misdemeanor, not more than one year if the authorized sentence of imprisonment
is three months or less, or not more than two years if the authorized sentence of imprisonment is in excess of three months, or where the defendant is charged with failure to
provide subsistence for dependents, a determinate or indeterminate period.
(e) The period of probation, unless terminated sooner as provided in section 53a-32, shall be not less than ten years nor more than thirty-five years for conviction of a
violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a,
53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-196b, 53a-196c, 53a-196d, 53a-196e
or 53a-196f.
(1969, P.A. 828, S. 29; 1971, P.A. 871, S. 124, 129; P.A. 79-585, S. 8, 15; P.A. 89-219, S. 6, 10; P.A. 92-260, S. 12;
P.A. 93-340, S. 12, 19; P.A. 95-142, S. 2; P.A. 01-84, S. 14, 26; P.A. 02-132, S. 30; P.A. 04-139, S. 8.)
History: 1971 act repealed former Subsec. (e) requiring probation officer to make recommendation as to advisability
of continuing probation after probationer has been on probation for a year and allowing person on probation to be heard
by court with respect to continuance or discontinuance of probation; P.A. 79-585 replaced commission on adult probation
with office of adult probation in Subsec. (c); P.A. 89-219 amended Subsec. (c) to require a person sentenced to a period
of probation to pay to the court a fee of two hundred dollars; P.A. 92-260 amended Subsec. (c) to make technical changes
and amended Subsec. (d) to replace "hereinafter provided" with "provided in section 53a-32 or 53a-33" and to replace in
Subdiv. (5) "less than three months" with "three months or less"; P.A. 93-340 amended Subsec. (d) to add exception in
Subdiv. (1) re Subsec. (e) and added Subsec. (e) to authorize a period of probation of not more than thirty-five years for
conviction of a sexual assault under certain circumstances, effective July 1, 1993; P.A. 95-142 amended Subsec. (e) to
delete reference to an early termination of probation as provided in Sec. 53a-33, establish a minimum period of probation
of ten years, include a violation of Subdiv. (2) of Sec. 53-21 and delete the provisions that limited the applicability of the
Subsec. to where the conviction is of a second or subsequent violation or the defendant was eighteen years of age or older
and the victim was under thirteen years of age; P.A. 01-84 amended Subsec. (e) to replace reference to "subdivision (2)
of section 53-21" with "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 02-132 amended
Subsec. (c) by replacing "Office of Adult Probation" with "Court Support Services Division" and making a technical
change; P.A. 04-139 amended Subsec. (e) to include a violation of Sec. 53a-90a, 53a-196b, 53a-196c, 53a-196d, 53a-196e
or 53a-196f.
Cited. 170 C. 128, 129. Cited. 197 C. 337, 354, 357. Cited. 198 C. 671, 673, 678. Cited. 200 C. 268, 279, 286. Cited.
204 C. 52, 56. Cited. 210 C. 519, 524, 526. Cited. 222 C. 299, 306. Cited. 225 C. 46, 50. Cited. 229 C. 285, 297.
Cited. 9 CA 686, 693, 717, 719, 720. Cited. 12 CA 32, 45. Cited. 30 CA 416, 422. Cited. 32 CA 1, 4. Cited. 34 CA 1, 7.
Cited. 41 CS 229, 250.
Subsec. (a):
Cited. 198 C. 671, 675, 678. Cited. 210 C. 519, 525.
Cited. 22 CA 108, 112.
Cited. 37 CS 853, 857.
Subsec. (b):
Cited. 182 C. 595, 603. Cited. 198 C. 671, 678.
Subsec. (d):
Subdiv. (1) cited. 37 CA 72, 84.
Subsec. (e):
Sec. 2 of P.A. 95-142, which expanded probation eligibility factors and increased mandatory probation minimum
sentence, did not have retroactive effect. 253 C. 392.
Sec. 53a-30. 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 subsection (a) 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) if convicted of a violation of section 46a-58,
53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias crime education
program; (16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant; or (17) 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 Court Support
Services Division may require that the defendant comply with any or all conditions
which the court could have imposed under subsection (a) of this section 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. 00-72, S. 5, 12; 00-141, S. 1; 01-84, S. 15, 26; P.A. 02-132, S. 31; P.A. 03-208, S. 1.)
History: 1971 act authorized court to order defendant to reside in residential community center and contribute to costs;
P.A. 73-231 authorized court to order that defendant shall reside in a halfway house approved by commissioner of correction;
P.A. 78-188 restated Subdiv. (4) in Subsec. (a) and required offender to submit to restitution investigation if necessary;
P.A. 79-585 replaced commission on adult probation with office of adult probation in Subsec. (b); P.A. 82-298 amended
Subsec. (a) by deleting provision re restitution investigation as provided in Sec. 54-110a; P.A. 86-403 made technical
change in Subsec. (c), substituting "conditional discharge" for "conditional release"; P.A. 89-383 amended Subsec. (a) to
add a new Subdiv. (8) authorizing the court to order certain defendants to participate in an alternate incarceration program,
renumbering the remaining Subdivs. accordingly, and added Subsec. (d) limiting the period of participation in an alternate
incarceration program, effective July 5, 1989, to July 1, 1994; P.A. 89-390 amended Subsec. (a) to add a new Subdiv. (9)
authorizing the court to order the defendant to participate in a program of special alternative incarceration in accordance
with Sec. 53a-39b, renumbering the remaining Subdiv. accordingly; P.A. 90-213 amended Subsec. (a) to add a new Subdiv.
(11) authorizing the court to order the defendant to participate in a program of community service labor in accordance
with Sec. 53a-39c, renumbering the remaining Subdiv. accordingly; June Sp. Sess. P.A. 91-9 amended Subsec. (a) to
eliminate former Subdiv. (9) authorizing court to order defendant to participate in a program of special alternative incarceration in accordance with Sec. 53a-39b, renumbering remaining Subdivs. accordingly; P.A. 93-340 amended Subsec. (a) to
add a new Subdiv. (11) authorizing the court to order the defendant to undergo specialized sexual offender treatment when
convicted of sexual assault under certain circumstances, renumbering the remaining Subdiv. accordingly, effective July
1, 1993; P.A. 94-128 negated effect of P.A. 89-383 which had discontinued alternative incarceration program as of July
1, 1994, and reenacted and continued existence of section, effective July 1, 1994; P.A. 95-142 amended Subdiv. (11) of
Subsec. (a) to include a violation of Subdiv. (2) of Sec. 53-21 and delete provisions that limited the applicability of said
Subdiv. to where the conviction is of a second or subsequent violation or the defendant was eighteen years of age or older
and the victim was under thirteen years of age; P.A. 97-199 amended Subsec. (a) by adding new Subdiv. (11) re participation
in program of community service and by renumbering existing Subdivs. (11) and (12) as Subdivs. (12) and (13), respectively;
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. 99-183 amended Subsec. (a) by adding new Subdiv. (13) re registration of identifying factors with the
Commissioner of Public Safety by certain sexual offenders and renumbering existing Subdiv. (13) as Subdiv. (14), effective
July 1, 1999; P.A. 00-72 amended Subsec. (a) by adding new provision, designated as Subdiv. (15), re participation in an
anti-bias crime education program and making technical changes, effective July 1, 2001; P.A. 00-141 amended Subsec.
(a) to make technical changes and add Subdiv. (14) re electronic monitoring, and added Subsec. (e) re electronic monitoring
services; P.A. 01-84 amended Subsec. (a)(12) to replace reference to "subdivision (2) of section 53-21" with "subdivision
(2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 02-132 amended Subsec. (b) by replacing "Office of
Adult Probation" with "Court Support Services Division" and making a technical change; P.A. 03-208 amended Subsec.
(a) by adding new Subdiv. (16) re counseling or participation in an animal cruelty prevention and education program for
defendant convicted of a violation of Sec. 53-247 and redesignating existing Subdiv. (16) as Subdiv. (17).
Cited. 170 C. 128. Cited. 204 C. 52, 56. Cited. 207 C. 152, 153, 158, 167, 168. Cited. 222 C. 299, 306. Cited. 225 C.
46, 50. Cited. 240 C. 639.
Cited. 9 CA 686, 693, 717, 719, 720. Cited. 12 CA 338, 341. Cited. 14 CA 272, 282. Cited. 19 CA 304, 318. Cited. 22
CA 199, 205. Cited. Id., 449, 457. Cited. 32 CA 1, 4. Cited. 33 CA 432, 447. Cited. 34 CA 1, 7. Cited. 39 CA 722, 730.
Cited. 45 CA 722. Trial court's modification of defendant's probation to include sex offender evaluation and treatment
was proper; Office of Adult Probation had authority under the statute to add an additional condition of probation; sexual
offender treatment is clearly enumerated in Subsec. (a) and could have been imposed by sentencing court; and at any time
during the period of probation, after hearing and for good cause shown, court may modify or enlarge the conditions of
probation pursuant to Subsec. (c). 57 CA 112. Failure to deliver a written copy of conditions of probation did not excuse
subsequent probation violation and did not invalidate resulting probation revocation. 58 CA 153. Condition required by
Office of Adult Probation was inconsistent with those required by court. 69 CA 421 (judgment reversed, see 268 C. 174).
Under this section, the office of probation had authority to include a curfew restriction on defendant at the start of his
probationary period without a court hearing and a showing of good cause, and such a condition was not inconsistent with
the purposes of probation. 75 CA 643. List set forth in section meant to be illustrative, and not exhaustive. 83 CA 142.
Cited. 35 CS 536, 539. Requiring defendant to sell his gun collection was a condition reasonably related to his rehabilitation. Id., 570, 577. Cited. 41 CS 229, 248. Cited. 42 CS 574, 583, 593, 597.
Subsec. (a):
Cited. 169 C. 223, 237. Subdiv. (2) cited. Id., 223, 231. Subdiv. (7) cited. 196 C. 305, 306. Cited. 207 C. 152, 171.
Subdiv. (7) cited. Id., 152, 171-173. Subdiv. (9) cited. Id. Cited. 229 C. 285, 287. Cited. 240 C. 639. Subdiv. (4) cited. Id.
Subdiv. (12) cited. Id. Where, pursuant to a plea bargain, defendant pleads guilty to sexual assault in fourth degree in
violation of Sec. 53a-73a and public indecency in violation of Sec. 53a-186, trial court acted within its discretion in
permitting office of adult probation to notify members of defendant's community. 250 C. 280.
Subdiv. (9) cited. 3 CA 410, 414. Subdiv. (4) cited. 7 CA 326, 352. Subdiv. (3) cited. 33 CA 432, 447. Subdiv. (11)
cited. Id., 432, 447. Subdiv. (7) cited. 39 CA 722, 723, 725. Cited. 42 CA 460. Subdiv. (4) cited. Id. Subdiv. (12) cited.
Id. Cited. 45 CA 722. Subdiv. (7) cited. Id. Trial court's order of sexual offender treatment was authorized because section
grants the court broad authority to impose any other conditions reasonably related to rehabilitation. 57 CA 743. Court's
order that defendant pay veterinary and impoundment bills incurred from defendant's failure to restrain an animal from
doing injury to another animal in violation of Sec. 53-247(a) was proper because such bills met statutory requirement of
"fruits" for which the court may order restitution and such order did not violate "due process" because court was justified
in concluding that defendant had means of earning income during the period set for restitution. 84 CA 542.
Subdiv. (4) cited. 35 CS 675, 678. Cited. 37 CS 853, 857, 858. Subdiv. (7) cited. Id. Subdiv. (4) cited. 39 CS 504, 509.
Cited. 42 CS 574, 575, 580, 597. Subdiv. (12) cited. Id., 574, 597. Subdiv. (2) cited. Id., 574, 598.
Subsec. (b):
Cited. 207 C. 152, 158. Cited. 229 C. 285, 287.
Cited. 3 CA 410, 411. Cited. 33 CA 103, 105. Cited. 42 CA 768. Office's requirement that, as part of sex offender
treatment, defendant refrain from use of alcohol is consistent with terms ordered by the court and therefore properly imposed
by the office. 60 CA 614.
Cited. 37 CS 853, 857. Cited. 42 CS 574, 583, 585, 588, 591-595, 597.
Subsec. (c):
Special condition on probation administration properly imposed one year after sentencing in exercise of court's discretion. 207 C. 152, 159, 168, 170.
Cited. 33 CA 103, 105. Cited. 37 CA 72, 84. Cited. 39 CA 722, 730. Cited. 42 CA 768.
Cited. 42 CS 574, 592, 593, 595.
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 Court Support Services Division
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; P.A. 02-132,
S. 32; P.A. 03-278, S. 103.)
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; P.A. 02-132
amended Subsec. (b) by replacing "Office of Adult Probation" with "Court Support Services Division"; P.A. 03-278 made
a technical change in Subsec. (b), effective July 9, 2003.
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. Although probation
may continue during a period of incarceration, it does not commence pursuant to this section unless defendant is released
from imprisonment. 60 CA 515.
Subsec. (b):
Cited. 9 CA 59, 73. Cited. 37 CA 72, 83. Cited. 39 CA 722, 730, 731. Defendant is not excused from complying with
conditions of probation simply because a probation officer informs him that he is in violation of that probation. 75 CA 643.
Sec. 53a-32. Violation of probation or conditional discharge. Arrest. Hearing.
Disposition. (a) At any time during the period of probation or conditional discharge,
the court or any judge thereof may issue a warrant for the arrest of a defendant for
violation of any of the conditions of probation or conditional discharge, or may issue a
notice to appear to answer to a charge of such violation, which notice shall be personally
served upon the defendant. Any such warrant shall authorize all officers named therein
to return the defendant to the custody of the court or to any suitable detention facility
designated by the court. Whenever a defendant has, in the judgment of such defendant's
probation officer, violated the conditions of such defendant's probation, the probation
officer may, in lieu of having such defendant returned to court for proceedings in accordance with this section, place such defendant in the zero-tolerance drug supervision program established pursuant to section 53a-39d. Whenever a sexual offender, as defined
in section 54-260, has violated the conditions of such person's probation by failing to
notify such person's probation officer of any change of such person's residence address,
as required by said section, such probation officer may notify any police officer that
such person has, in such officer's judgment, violated the conditions of such person's
probation and such notice shall be sufficient warrant for the police officer to arrest such
person and return such person to the custody of the court or to any suitable detention
facility designated by the court. Any probation officer may arrest any defendant on
probation without a warrant or may deputize any other officer with power to arrest to
do so by giving such other officer a written statement setting forth that the defendant
has, in the judgment of the probation officer, violated the conditions of the defendant's
probation. Such written statement, delivered with the defendant by the arresting officer
to the official in charge of any correctional center or other place of detention, shall be
sufficient warrant for the detention of the defendant. After making such an arrest, such
probation officer shall present to the detaining authorities a similar statement of the
circumstances of violation. Provisions regarding release on bail of persons charged with
a crime shall be applicable to any defendant arrested under the provisions of this section.
Upon such arrest and detention, the probation officer shall immediately so notify the
court or any judge thereof. Thereupon, or upon an arrest by warrant as herein provided,
the court shall cause the defendant to be brought before it without unnecessary delay
for a hearing on the violation charges. At such hearing the defendant shall be informed
of the manner in which such defendant is alleged to have violated the conditions of such
defendant's probation or conditional discharge, shall be advised by the court that such
defendant has the right to retain counsel and, if indigent, shall be entitled to the services
of the public defender, and shall have the right to cross-examine witnesses and to present
evidence in such defendant's own behalf.
(b) If such violation is established, the court may: (1) Continue the sentence of
probation or conditional discharge; (2) modify or enlarge the conditions of probation
or conditional discharge; (3) extend the period of probation or conditional discharge,
provided the original period with any extensions shall not exceed the periods authorized
by section 53a-29; or (4) revoke the sentence of probation or conditional discharge. If
such sentence is revoked, the court shall require the defendant to serve the sentence
imposed or impose any lesser sentence. Any such lesser sentence may include a term
of imprisonment, all or a portion of which may be suspended entirely or after a period
set by the court, followed by a period of probation with such conditions as the court
may establish. No such revocation shall be ordered, except upon consideration of the
whole record and unless such violation is established by the introduction of reliable and
probative evidence and by a preponderance of the evidence.
(1969, P.A. 828, S. 32; 1971, P.A. 871, S. 12; P.A. 86-403, S. 89, 132; P.A. 95-142, S. 7; P.A. 98-130; P.A. 99-187,
S. 4.)
History: 1971 act clarified Subsec. (b) to specify that lesser sentence may be imposed when a sentence is revoked; P.A.
86-403 made technical change in Subsec. (b), substituting "conditional discharge" for "conditional release"; P.A. 95-142
amended Subsec. (a) to add provision re the arrest and return of a sexual offender who has violated the conditions of his
probation by failing to notify his probation officer of a change of address and amended Subsec. (b) to rephrase provisions,
insert Subdiv. indicators, add Subdiv. (3) authorizing an extension of the period of probation or conditional discharge and
prohibit revocation of probation or conditional discharge unless a violation is established "by the introduction of reliable
and probative evidence and by a preponderance of the evidence" rather than by "reliable and probative evidence"; P.A.
98-130 amended Subsec. (b) to add provision that any lesser sentence imposed upon revocation may include a term of
imprisonment followed by a period of probation; P.A. 99-187 amended Subsec. (a) to add provision authorizing a probation
officer to place a defendant who, in such officer's judgment, has violated the conditions of such defendant's probation in
the zero-tolerance drug supervision program in lieu of returning such defendant to court for violation of probation proceedings and to make technical changes for purposes of gender neutrality.
Cited. 165 C. 73. Defendant's right to counsel hereunder is of "constitutional dimension", and tests of competency are
met. 167 C. 639. Order of probation revocation was upheld where defendant moved from receiving state of Maine to
Massachusetts without reporting to Connecticut parole authorities and was convicted of possession of drugs in Massachusetts. Id. Cited. 169 C. 223, 227-229. Cited. 170 C. 118, 128. In determining issue of "unnecessary delay" principles
applicable to sixth amendment "speedy trial" determinations may be considered. 192 C. 321-323, 326. Cited. 193 C. 35,
45. Cited. 195 C. 461, 463. Cited. 204 C. 52, 57. Cited. 207 C. 152, 156, 157. Cited. Id., 565, 567. Cited. 219 C. 629, 631.
Cited. 222 C. 299, 306. Cited. 226 C. 191, 193, 195. Cited. 228 C. 487, 489. "Fair preponderance of the evidence" standard
for determining whether probation has been violated. Judgment of appellate court in State v. Davis, 29 CA 801, 813,
reversed. 229 C. 285-290, 293, 295, 298. Cited. 235 C. 469, 470. Cited. 240 C. 639. Cited. 242 C. 648. Willfulness not
an element of a probation violation; state need only establish that probationer knew of the condition and engaged in conduct
that violated the condition. 256 C. 412.
Cited. 3 CA 410, 411. Cited. 6 CA 394. Cited. 7 CA 131-134. Cited. 9 CA 59, 71-73. Cited. Id., 686, 693, 717, 719,
720. Cited. 11 CA 251, 252. Cited. 12 CA 679, 680. Cited. 13 CA 638, 639. Cited. 15 CA 34, 57. Cited. 16 CA 264, 265.
Cited. 18 CA 368-370. Cited. 19 CA 304, 318. Cited. 20 CA 572, 573. Cited. 22 CA 303, 304. Cited. 23 CA 642, 643,
645, 647; judgment reversed, see 219 C. 629 et seq. Cited. 27 CA 225, 227-229. Cited. Id., 780, 781. Standard of proof
needed to find a violation of probation discussed. 29 CA 801, 803, 807; judgment reversed, see 229 C. 285 et seq. Cited.
30 CA 346, 351, 354, 355. Cited. 31 CA 278, 310; judgment reversed, see 230 C. 385 et seq.; see also 37 CA 801 et seq.
Cited. 32 CA 1, 4. Cited. 33 CA 162, 163, 165, 166, see also 35 CA 520 et seq. Cited. 34 CA 1, 2, 7. Cited. Id., 46, 47.
Cited. Id., 537-539. Cited. 35 CA 107, 108. Proper standard of proof in revocation of probation proceeding is that of a
fair preponderance of the evidence; previous consideration of case, 33 CA 162, remanded for reconsideration, 229 C. 916;
original judgment reversed and case remanded for new probation revocation hearing. Id., 520, 521, 523, 524. Sec. 53a-31
et seq. cited. 36 CA 440, 446. Cited. 37 CA 72, 74. Cited. 38 CA 762-764, 766. Cited. 39 CA 175, 177. Cited. Id., 267,
277. Cited. Id., 722-724, 730, 731. Cited. 40 CA 395, 396, 400. Cited. 42 CA 768. Cited. 45 CA 566. Reaffirmed prior
holding that proper standard of proof for revocation of probation hearing proceeding is a fair preponderance of evidence
and that revocation is on consideration of the whole record. 52 CA 557. A probation revocation hearing has two distinct
components. 56 CA 125. In determining whether defendant's probationary status should be revoked court has broad
discretion and every reasonable presumption should be given in favor of the correctness of court's ruling. 57 CA 743. State
may amend the factual basis for an alleged probation violation prior to a hearing under section. 60 CA 515. If a specific
condition of probation does not explicitly proscribe certain noncriminal conduct and can not be reasonably interpreted to
proscribe such conduct, defendant must receive actual notice that continuation of the conduct could result in a charge of
violation of a condition of probation. Id., 716. Willfulness is not element of the offense of violation of probation. Court's
findings that defendant violated probation were not clearly erroneous. 68 CA 367. Trial court did not abuse its discretion
in revoking defendant's probation and reinstating prison sentence after defendant's urine tested positive for opiate. Id.,
437. Court is vested with broad discretion in determining, on basis of the entire record, whether sentence of probation
should continue or be revoked, and court may require defendant to serve the sentence imposed or impose a lesser sentence.
81 CA 710.
Cited. 42 CS 574, 586.
Subsec. (a):
Cited. 219 C. 629, 635. Cited. 229 C. 285, 290, 295.
Cited. 10 CA 395, 402. Cited. 18 CA 368, 372. Cited. 19 CA 304, 310, 312, 317. Cited. 25 CA 421, 427; judgment
reversed, see 222 C. 299 et seq. Cited. 34 CA 1, 8, 9. Cited. Id., 537, 539. Cited. 38 CA 762, 766. Cited. 42 CA 768. Trial
court reasonably could have found, by a preponderance of the evidence, that defendant violated his probation by engaging
in breach of the peace and criminal mischief and thus violated criminal laws of the state. 57 CA 64. State satisfied notice
requirements when it recited the charges constituting defendant's violation of probation during both defendant's arraignment and probation revocation hearing. 80 CA 75.
Cited. 42 CS 574, 590.
Subsec. (b):
Cited. 169 C. 223, 233. Cited. 178 C. 145, 153. Cited. 219 C. 629, 635. Cited. 225 C. 46, 50. Cited. 228 C. 487, 495.
Cited. 229 C. 285, 290, 293. Court's discretion to provide right of allocution to defendant during probation revocation
proceeding is identical to discretion provided at time of original sentencing. 243 C. 339.
Cited. 1 CA 70, 71. Cited. 3 CA 410, 414. Cited. 10 CA 395, 402. Cited. 11 CA 251, 258. Cited. 18 CA 368, 376. Cited.
20 CA 572, 576, 578. Cited. 22 CA 303, 309. Cited. 23 CA 642, 653; judgment reversed, see 219 C. 629 et seq. Cited. 27
CA 225, 226, 247. Cited. 29 CA 801, 807; judgment reversed, see 229 C. 285 et seq. Cited. 30 CA 346, 350. Cited. 31 CA
660, 663. Cited. 33 CA 162, 168, see also 35 CA 520 et seq. Cited. 34 CA 1, 8. Cited. Id., 46, 55. Cited. Id., 537, 539.
Cited. 36 CA 440, 444. Cited. 37 CA 72, 83. Cited. 38 CA 762, 767, 771. Cited. 39 CA 722, 728, 729. Cited. 40 CA 395,
396, 403. Cited. 42 CA 768. Trial court has broad discretion in continuing or revoking sentence of probation. 50 CA 46.
Provides that once a probation violation is established, court may extend period of probation if original period with any
extension does not exceed periods authorized by Sec. 53a-29. 72 CA 33. Subsec. requires that violation of probation be
"established by the introduction of reliable and probative evidence." This requirement is not satisfied when, as in this case,
the substance that defendant possessed was readily available for laboratory analysis to determine whether it in fact contained
cocaine, a narcotic, but was never subjected to such testing. 81 CA 409.
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 of the general statutes in effect prior to
October 1, 2000, subdivision (2) of subsection (a) 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 such defendant's refusal to acknowledge that such defendant committed the
act or acts charged, such defendant shall be deemed to be in violation of the conditions
of such defendant's probation and be returned to court for proceedings in accordance
with section 53a-32.
(P.A. 97-151, S. 2; P.A. 01-84, S. 16, 26.)
History: P.A. 01-84 replaced reference to "a violation of subdivision (2) of section 53-21" with "a violation of subdivision
(2) of section 53-21 of the general statutes in effect prior to October 1, 2000," included a violation of "subdivision (2) of
subsection (a) of section 53-21" and made technical changes for purposes of gender neutrality, effective July 1, 2001.
Trial court not required to notify defendant, upon entering guilty plea under Alford doctrine, that failure to acknowledge
his guilt could result in violation of condition of his probation requiring sex offender treatment. 268 C. 174.
Statute can be applied only prospectively. 69 CA 421. Trial court improperly considered defendant's refusal to admit
to guilt during sexual offender treatment as a violation of probation. Id. (judgment reversed, see 268 C. 174).
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 of the general statutes in
effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 or
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; P.A. 01-84, S. 17, 26.)
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; P.A. 01-84
replaced reference to "a violation of subdivision (2) of section 53-21" with "a violation of subdivisi