CHAPTER 961*
TRIAL AND PROCEEDINGS AFTER CONVICTION

      *In a criminal matter, unless the state makes out a prima facie case of guilt, no unfavorable inference may be drawn from the failure of the accused to testify. 147 C. 502. The fact that one or more persons jointly charged with the commission of a crime pleaded guilty is not admissible, on the trial of another person so charged, to establish that the crime was committed. A plea of guilty is, in effect, a confession of guilt which, having been made by one of those charged with the crime, can be no more than hearsay as to another who is so charged. The state must prove the whole case against any accused. Sequestration of witnesses is in discretion of trial court. Request must be seasonably made, must be specific and supported by sound reasons, and it must appear probable that, if witnesses were to hear one another's testimony, they would attempt falsely to give corroborating testimony. If these conditions are met, a denial of the motion could constitute an abuse of discretion. It is within the discretion of the court to grant or deny a defendant the right to inspect statements of the state's witnesses in the possession of the state's attorney. 150 C. 195.

      The corpus delicti, that is, that the crime charged has been committed by someone, cannot be established by the extrajudicial confession of the defendant unsupported by corroborative evidence. 22 CS 385; 23 CS 420. In a criminal case the accused cannot compel the prosecution to produce documents which he himself has made. Furthermore, facts sought to be disclosed must be shown to be exclusively within the knowledge of the state. Id., 41. Proof of guilt must exclude not every possible, but every reasonable, supposition of the innocence of the accused. Id., 299. In criminal case the state may rest its case upon evidence sufficient to make out prima facie case. A prima facie case is made out when the evidence indicates to a reasonable person such a strong probability of guilt that a denial or explanation by the defendant is reasonably called for. When the state has made out a prima facie case of guilt, an adverse inference may be drawn from the failure of defendant to testify in his own behalf. Id., 412. Information disclosed to a prosecuting attorney to enable him to perform the duties of his office is privileged on grounds of public policy, and the adverse party has no right to demand its production. Id., 459. If accused has reason to believe witness under examination had made prior statement which was contradictory to his testimony, accused may request statement to be produced for examination by court. Further use of such statement rests in discretion of court. 24 CS 377.

Table of Contents

Sec. 54-77.
Sec. 54-77a. Establishing venue and selecting jurors for the town of Plymouth.
Sec. 54-77b.
Sec. 54-78.
Sec. 54-79.
Secs. 54-80 to 54-81b. Public defenders. Assistant public defenders; office; assistance. Expenses. Appointment of special defender. Public defenders for Common Pleas Court. Representation of accused on bindover.
Sec. 54-82. Accused's election of trial by court or by jury. Number of jurors.
Sec. 54-82a. Test of insanity as defense.
Sec. 54-82b. Right to trial by jury.
Sec. 54-82c. (Formerly Sec. 54-139). Prisoner's right to speedy trial on pending charges.
Sec. 54-82d. (Formerly Sec. 54-140). Dismissal of charges on failure to grant prisoner speedy trial.
Sec. 54-82e. (Formerly Sec. 54-141). Mentally ill person not covered.
Sec. 54-82f. Voir dire examination.
Sec. 54-82g. (Formerly Sec. 51-242). Peremptory challenges in criminal prosecution.
Sec. 54-82h. Alternate jurors in criminal cases. Peremptory challenges.
Sec. 54-82i. (Formerly Sec. 54-22). Attendance of witnesses in criminal proceedings.
Sec. 54-82j. (Formerly Sec. 54-23). Detention of witnesses. Warrant.
Sec. 54-82k. (Formerly Sec. 54-24). Recognizance; commitment; release; fees.
Sec. 54-82l. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1983.
Sec. 54-82m. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1985.
Secs. 54-82n to 54-82p.
Sec. 54-82q. Temporary restraining order prohibiting harassment of witness.
Sec. 54-82r. Protective order prohibiting harassment of witness.
Sec. 54-82s. The Leroy Brown, Jr. and Karen Clarke Witness Protection Program.
Sec. 54-82t. Protective services for witness at risk of harm.
Sec. 54-82u. Witness protection agreement.
Sec. 54-83. Testimony required in capital cases.
Sec. 54-84. Testimony or silence of accused.
Sec. 54-84a. Privilege of spouse.
Sec. 54-85. Witness to testify with regard to bribery at elections.
Sec. 54-85a. Sequestering of witnesses in criminal prosecution.
Sec. 54-85b. Employment protection for witnesses and victims of crime. Penalty. Action for damages and reinstatement.
Sec. 54-85c. Representative of homicide victim entitled to be present at trial of defendant. Exclusion. Hearing.
Sec. 54-85d. Employer not to discharge employee who attends court as family member of or person designated by homicide victim.
Sec. 54-85e. Photograph of deceased victim shown to jury during opening and closing arguments.
Sec. 54-85f. Victim of violent crime or representative of deceased victim permitted to attend court proceedings.
Sec. 54-85g. Advisement to crime victims re constitutional rights by judge at arraignment.
Sec. 54-86. Depositions.
Sec. 54-86a. Certain evidence to be made available to defendant.
Sec. 54-86b. Right of accused to examine statements.
Sec. 54-86c. Disclosure of exculpatory information or material.
Sec. 54-86d. Disclosure of address and telephone number by victim of sexual assault not required.
Sec. 54-86e. Confidentiality of identifying information pertaining to victim of sexual assault. Availability of information to accused. Protective order information to be entered in registry.
Sec. 54-86f. Admissibility of evidence of sexual conduct.
Sec. 54-86g. Testimony of victim of child abuse. Court may order testimony taken outside courtroom. Procedure.
Sec. 54-86h. Competency of child as witness.
Sec. 54-86i. Testimony of expert witness re mental state or condition of defendant.
Sec. 54-86j. Polygraph examination of victims of sexual assault restricted.
Sec. 54-86k. Admissibility of results of DNA analysis.
Sec. 54-87. Demurrer.
Sec. 54-88. State to open and close arguments.
Sec. 54-89. Direction of court to jury.
Sec. 54-89a. Court to inform jury on consequences of a finding of not guilty by reason of mental disease or defect.
Secs. 54-90 and 54-90a.
Sec. 54-91. When sentence to be passed.
Sec. 54-91a. (Formerly Sec. 54-109). Presentence investigation of defendant.
Sec. 54-91b. (Formerly Sec. 54-109a). Defendant may request copy of prior record and presentence investigation report.
Sec. 54-91c. Testimony of victim or representative of deceased victim prior to acceptance of plea agreement and at sentencing hearing. Terms of proposed plea agreement. Notification by state's attorney.
Sec. 54-91d. Referral of persons to youth service bureaus.
Sec. 54-92. Pronouncement of sentence.
Sec. 54-92a. (Formerly Sec. 54-120). Commitment to custody of Commissioner of Correction.
Sec. 54-92b. (Formerly Sec. 54-122). Discharge from community correctional center when held for nonpayment of fine.
Sec. 54-92c. (Formerly Sec. 17-381). Women attendants.
Sec. 54-93. Clerks to notify warden of Connecticut Correctional Institution, Somers, of sentences.
Sec. 54-93a. Court order to correct public record containing false information as a result of identity theft.
Sec. 54-94. Sentence of persons between sixteen and seventeen.
Sec. 54-94a. Conditional nolo contendere plea. Appeal of denial of motion to suppress or dismiss.
Sec. 54-95. Appeal by defendant in criminal prosecution; stay of execution.
Sec. 54-95a. (Formerly Sec. 54-17). Jurisdiction of Superior Court.
Sec. 54-95b. Reopening judgment in certain motor vehicle and criminal cases.
Sec. 54-96. Appeals by the state from Superior Court in criminal cases.
Sec. 54-96a. (Formerly Sec. 54-13). Appeal vacated by payment of fine.
Sec. 54-96b. (Formerly Sec. 54-14). Withdrawal of appeal of person committed to community correctional center.
Sec. 54-97. Mittimus required for commitment to correctional facility.
Sec. 54-98. Execution of mittimus for commitment to Connecticut Correctional Institution, Somers.
Sec. 54-99. Period within which death penalty inflicted.
Sec. 54-100. Method of inflicting death penalty. Attendance at execution.
Sec. 54-100a. Committee on news media access to executions. Selection of news media witnesses.
Sec. 54-101. Disposition of person becoming insane after death sentence.
Sec. 54-102. Burial or disposal of body of executed criminal.
Sec. 54-102a. (Formerly Sec. 53a-90). Venereal examination and HIV testing of persons charged with certain sexual offenses.
Sec. 54-102b. HIV testing of persons convicted of certain sexual offenses.
Sec. 54-102c. HIV information and test results provided to victim.
Secs. 54-102d to 54-102f.
Sec. 54-102g. Blood or other biological sample required from certain offenders for DNA analysis.
Sec. 54-102h. Procedure for taking of blood or other biological sample for DNA analysis.
Sec. 54-102i. Procedure for conducting DNA analysis of blood or other biological sample.
Sec. 54-102j. Dissemination of information in DNA data bank.
Sec. 54-102k. Unauthorized dissemination or use of DNA data bank information. Obtaining blood sample without authority. Penalties.
Sec. 54-102l. Expungement of DNA data bank records upon reversal and dismissal of conviction.
Sec. 54-102m. DNA Data Bank Oversight Panel.
Secs. 54-102n to 54-102q.
Sec. 54-102r. Registration of persons convicted of sexual assault upon release from correctional facility or completion or termination of probation.
Sec. 54-102s.
Secs. 54-102t to 54-102z.
Sec. 54-102aa. Tuberculosis testing: Definitions. Requirements.
Sec. 54-102bb. Procedures for evaluation of tuberculosis infection.
Sec. 54-102cc. Tuberculosis infection control committee.
Sec. 54-102dd. Inmates with infectious tuberculosis required to be isolated. Persons exposed encouraged to be tested.
Sec. 54-102ee. Department contract option for testing of tuberculosis.
Secs. 54-102ff to 54-102ii.
Sec. 54-102jj. Preservation of biological evidence.
Sec. 54-102kk. DNA testing of biological evidence.
Secs. 54-102ll to 54-102oo.
Sec. 54-102pp. Review of wrongful convictions.
Sec. 54-103. Commission on Adult Probation.
Sec. 54-103a. Office of Adult Probation.
Sec. 54-103b. Services for probation referrals. Duties of Court Support Services Division. Contracts with local community service providers.
Sec. 54-104. Appointment of Director of Probation and probation officers. Qualifying examinations.
Sec. 54-105. Duties of executive director of Court Support Services Division re probation. Intensive probation program. Community service program. Caseload limitation.
Secs. 54-106 and 54-107. General Assembly to provide for expenses; central office; quarters. Appointment of probation officers.
Sec. 54-108. Duties of probation officers.
Sec. 54-108a. Supervision of probationers.
Sec. 54-108b. Risk assessment and monitoring standards developed by Chief Court Administrator.
Secs. 54-109 and 54-109a.
Secs. 54-110 to 54-119. Report on person with prior conviction. Restitution investigation and report. Information to be included in report. Appointment of restitution specialists and other personnel. Optional treatment of person found guilty of crime. Probation or suspension of sentence, generally. Penalty for common law high crimes and misdemeanors. Punishment upon second and third conviction. Second and subsequent convictions of crimes while armed with firearm. Additional penalties for conviction of crimes while armed with firearm. Court may impose additional sentence.
Sec. 54-120.
Sec. 54-121. Indeterminate sentence.
Sec. 54-122.
Sec. 54-123. Transportation of prisoner discharged from jail.
Sec. 54-123a. Judicial Department duties re alternative sanctions and incarceration programs.
Secs. 54-123b and 54-123c. Advisory committee concerning adult offenders. Advisory committee concerning juvenile offenders.
Sec. 54-123d. Establishment of alternative incarceration center providing mental health services.
Sec. 54-124. Board of Parole. Appointment and duties of executive secretary.
Sec. 54-124a. Board of Pardons and Paroles.
Sec. 54-124b. Caseload of parole officers.
Sec. 54-124c. Responsibility of the Department of Correction for supervision of persons released from confinement.
Sec. 54-124d. Criminal history records check of Board of Parole personnel.
Sec. 54-124e. Board of Pardons and Paroles as successor department to Board of Pardons and Board of Parole.
Sec. 54-125. Parole of prisoner serving indeterminate sentence.
Sec. 54-125a. Parole of inmate serving sentence of more than two years. Eligibility. Hearing to determine suitability for parole release of certain inmates.
Sec. 54-125b. Parole of prisoner after administrative review without a hearing.
Sec. 54-125c. Sexual offender treatment as precondition for parole hearing.
Sec. 54-125d. Deportation parole of aliens.
Sec. 54-125e. Special parole. Violation of conditions. Hearing. Disposition.
Sec. 54-125f. Pilot zero-tolerance drug supervision program.
Sec. 54-125g. Parole of prisoner nearing end of maximum sentence.
Sec. 54-125h. Transfer of prisoner granted parole and nearing parole release date.
Sec. 54-126. Rules and regulations concerning parole. Enforcement.
Sec. 54-126a. Testimony of crime victim at parole hearing.
Sec. 54-127. Rearrest.
Sec. 54-127a. Parole revocation and rescission hearings.
Sec. 54-128. Period of confinement in correctional institution after parole violation.
Sec. 54-129. Discharge of paroled prisoner.
Sec. 54-130. State Prison for Women not covered.
Sec. 54-130a. (Formerly Sec. 18-26). Jurisdiction.
Sec. 54-130b. (Formerly Sec. 18-26a). Commutation of punishment and deportation of inmates who are aliens.
Sec. 54-130c. (Formerly Sec. 18-30). Information about prisoner.
Sec. 54-130d. (Formerly Sec. 18-27a). Testimony of crime victim at session of board. Notification of Office of Victim Services of board's action.
Sec. 54-131. Employment of paroled or discharged prisoners. Interviews.
Sec. 54-131a. Release of inmate on medical parole.
Sec. 54-131b. Eligibility for medical parole.
Sec. 54-131c. Medical diagnosis.
Sec. 54-131d. Conditions of release on medical parole.
Sec. 54-131e. Requests for medical diagnosis.
Sec. 54-131f. Special panel. Emergency review.
Sec. 54-131g. Effect on parole or other release.
Secs. 54-131h to 54-131j.
Sec. 54-131k. Compassionate parole release.
Sec. 54-132. Definitions.
Sec. 54-133. Interstate Compact for Adult Offender Supervision.
Secs. 54-134 to 54-138b. Designation of "Compact Institutions". Transfers to other correctional institutions. Incarceration in receiving state not to affect rights in sending state. Reimbursement for expenses. Ratification; regulations. Retaking of parolee. Unauthorized residency by parolee from another state; penalty.
Secs. 54-139 to 54-141.
Sec. 54-142. Destruction of notes received for unpaid fines.

PART I
DISCOVERY, TRIAL AND WITNESSES

      Sec. 54-77. Transferred to Chapter 890, Sec. 51-352.

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      Sec. 54-77a. Establishing venue and selecting jurors for the town of Plymouth. Section 54-77a is repealed.

      (P.A. 75-26, S. 1, 8; P.A. 76-436, S. 664, 681; P.A. 77-576, S. 11, 65.)

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      Sec. 54-77b. Transferred to Chapter 890, Sec. 51-352a.

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      Sec. 54-78. Transferred to Chapter 890, Sec. 51-353.

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      Sec. 54-79. Transferred to Chapter 890, Sec. 51-353b.

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      Secs. 54-80 to 54-81b. Public defenders. Assistant public defenders; office; assistance. Expenses. Appointment of special defender. Public defenders for Common Pleas Court. Representation of accused on bindover. Sections 54-80 to 54-81b, inclusive, are repealed.

      (1949 Rev., S. 3615, 8796; 1959, P.A. 28, S. 13; 1961, P.A. 564, S. 1-3; 1963, P.A. 642, S. 69, 70; February, 1965, P.A. 178, S. 1, 2; 218; 1967, P.A. 34, S. 1; 189; 622, S. 8; 1969, P.A. 655, S. 2; 1971, P.A. 871, S. 121; 1972, P.A. 281, S. 22, 23; P.A. 73-116, S. 25, 26; 73-667, S. 1, 2; P.A. 74-183, S. 150, 151, 291; 74-317, S. 12, 14.)

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      Sec. 54-82. Accused's election of trial by court or by jury. Number of jurors. (a) In any criminal case, prosecution or proceeding, the party accused may, if he so elects when called upon to plead, be tried by the court instead of by the jury; and, in such case, the court shall have jurisdiction to hear and try such case and render judgment and sentence thereon.

      (b) If the accused is charged with a crime punishable by death or imprisonment for life and elects to be tried by the court, the court shall be composed of three judges to be designated by the Chief Court Administrator, or his designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.

      (c) If the party accused does not elect to be tried by the court, he shall be tried by a jury of six except that no person, charged with an offense which is punishable by death or life imprisonment, shall be tried by a jury of less than twelve without his consent.

      (1949 Rev., S. 8797; 1953, S. 3326d; 1967, P.A. 656, S. 62; P.A. 73-576, S. 3, 4; 73-616, S. 41, 67; P.A. 76-336, S. 4; P.A. 77-474, S. 1, 2; P.A. 80-313, S. 36; P.A. 81-47.)

      History: 1967 act provided for designation of judges by chief court administrator instead of chief justice; P.A. 73-576 substituted "Connecticut Correctional Institution, Somers" for "State Prison" and replaced provision calling for trial by jury of six unless defendant claims twelve-person jury or case is punishable by death or life imprisonment with provision calling for jury of six except in cases involving capital offense which require trial by twelve-person jury unless defendant consents to jury of six; P.A. 73-616 transferred duty to select panel judges from chief court administrator to chief justice; P.A. 76-336 deleted specific references to imprisonment at Somers Correctional Institution; P.A. 77-474 required jury of twelve in cases involving offenses punishable by death or life imprisonment rather than in cases involving capital offenses; P.A. 80-313 divided section into Subsecs.; P.A. 81-47 amended Subsec. (b) by replacing provision re appointment of judges by chief justice with provision that three judges shall be designated by chief court administrator or his designee, who shall name one such judge to preside over the trial.

      Application by accused for leave to withdraw election made under this statute is addressed to court's discretion; refusal to permit withdrawal held no error. 102 C. 51. The court's determination of guilt or innocence upon the evidence should be raised on appeal by an assignment of error; not necessary to make a motion to set aside verdict. 105 C. 332; 109 C. 126; 110 C. 552. Court fulfills function of jury; its additional power under this statute does not authorize convicting of robbery a defendant charged with murder. 132 C. 43. Cited. 142 C. 114; 146 C. 78; 147 C. 95; 153 C. 328. It is not violative of the constitutional guarantee of the right to a jury trial for the legislature to enact a statute which changes the form of jury procedure if it still maintains the substance of the institution. 144 C. 228. Insofar as it provides that an accused shall be tried to a jury of six unless at the time he is put to plea he demands a jury of twelve, it does not deprive any defendant of his right of trial by jury. Id., 230. Cited. 161 C. 413. Since determination of jury size is not a matter presently or historically lying exclusively within control of the judiciary, this section, which regulates size of criminal juries, does not violate separation of powers clause of Conn. Const. 171 C. 395, 408, 410-412. Cited. 173 C. 450, 451. Cited. 174 C. 22, 23. Cited. 176 C. 224, 225. Cited. 182 C. 353, 359, 362. Cited. 190 C. 639, 642. Cited. 227 C. 448, 449. Cited. 231 C. 235, 244.

      Cited. 41 CA 361, 362. Three-judge court not required to deliberate with respect to all charges when only one charge carried maximum penalty of death or life in prison. 69 CA 267.

      Cited. 33 CS 739. Cited. 34 CS 674, 678.

      Accused cannot postpone trial of his case indefinitely by repeatedly changing his election concerning trial by jury. 6 Conn. Cir. Ct. 218, 222, 223.

      Subsec. (a):

      Cited. 191 C. 506-508, 513. Cited. 198 C. 77, 91.

      Subsec. (b):

      Cited. 184 C. 455, 456. Cited. 201 C. 534, 535. Cited. 203 C. 4, 5.

      Cited. 13 CA 667, 672. Cited. 22 CA 265, 266.

      Subsec. (c):

      Cited. 197 C. 247, 253. Cited. 223 C. 384, 387, 388.

      Cited. 34 CA 58, 93; judgment reversed, see 232 C. 537 et seq. Cited. 41 CA 831, 841.

      Cited. 39 CS 347, 358.

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      Sec. 54-82a. Test of insanity as defense. Section 54-82a is repealed.

      (1967, P.A. 336, S. 1, 2; 1969, P.A. 828, S. 214.)

      See Sec. 53a-13 re lack of capacity resulting from mental disease or defect as affirmative defense.

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      Sec. 54-82b. Right to trial by jury. (a) The party accused in a criminal action in the Superior Court may demand a trial by jury of issues which are triable of right by a jury. There is no right to trial by jury in criminal actions where the maximum penalty is a fine of one hundred ninety-nine dollars or in any matter involving violations payable through the centralized infractions bureau where the maximum penalty is a fine of five hundred dollars or less.

      (b) In criminal proceedings the judge shall advise the accused of his right to trial by jury at the time he is put to plea and, if the accused does not then claim a jury, his right thereto shall be deemed waived, but if a judge acting on motion made by the accused within ten days after judgment finds that such waiver was made when the accused was not fully cognizant of his rights or when, in the opinion of the judge, the proper administration of justice requires it, the judge shall vacate the judgment and cause the proceeding to be set for jury trial.

      (c) In any criminal trial by a jury, except as otherwise provided by law, such trial shall be by a jury of six.

      (P.A. 80-313, S. 35; P.A. 86-227; P.A. 87-241; May Sp. Sess. P.A. 92-6, S. 82, 117.)

      Note: This section was formerly part of Sec. 51-239b. See Sec. 51-239b History re P.A. 80-313.

      History: P.A. 86-227 provided that "The party accused", rather than "Any party", may demand a jury trial and increased from ninety-nine dollars to one hundred ninety-nine dollars the maximum fine threshold for a jury trial; P.A. 87-241 amended Subsec. (a) by deleting reference to maximum penalty of sentence of thirty days or penalty consisting of both fine and imprisonment; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to provide that there is no right to trial by jury in any matter involving violations payable through the centralized infractions bureau where the maximum penalty is a fine of five hundred dollars or less.

      See Sec. 51-180 re criminal terms and sessions of court.

      See Sec. 51-180a re special session held when an accused is confined for want of bail.

      Right to jury trial discussed. 188 C. 697, 704, 705, 709, 713. Cited. 190 C. 639, 643, 646. Cited. 191 C. 506-508, 513. Cited 201 C. 489, 498. Cited. 205 C. 456, 461, 464. Cited. 222 C. 591, 592, 595-600, 603. Cited. 225 C. 355, 357. Cited. 226 C. 618, 629.

      Cited. 9 CA 255, 256. Cited. 10 CA 692, 698. Cited. 41 CA 454, 458, 460, 470-474.

      Subsec. (a):

      Cited. 222 C. 591, 596, 597.

      Statute does not violate right to trial by jury under federal or state constitutions. 5 CA 434. Cited. 9 CA 255, 256, 259. Cited. 12 CA 481-483, 494, 498. Cited. 14 CA 816. Cited. 41 CA 454, 473, 474.

      Subsec. (b):

      Right to jury trial discussed. 188 C. 697, 709. Cited. 190 C. 639, 645. Cited. 198 C. 77, 91.

      Cited. 39 CA 702, 707. Cited. 46 CA 486.

      Subsec. (c):

      Cited. 197 C. 247, 253. Cited. 223 C. 384, 387, 388.

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      Sec. 54-82c. (Formerly Sec. 54-139). Prisoner's right to speedy trial on pending charges. (a) Whenever a person has entered upon a term of imprisonment in a correctional institution of this state and, during the continuance of the term of imprisonment, there is pending in this state any untried indictment or information against such prisoner, he shall be brought to trial within one hundred twenty days after he has caused to be delivered, to the state's attorney or assistant state's attorney of the judicial district or geographical area, in which the indictment or information is pending, and to the appropriate court, written notice of the place of his imprisonment and his request for final disposition to be made of the indictment or information. For good cause shown in open court, the prisoner or his counsel being present, the court may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the warden, Community Correctional Center Administrator or other official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner and any decisions of the Board of Pardons and Paroles relating to the prisoner.

      (b) The written notice and request for final disposition referred to in subsection (a) hereof shall be given or sent by the prisoner to the warden, Community Correctional Center Administrator or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

      (c) The warden, Community Correctional Center Administrator or other official having custody of the prisoner shall promptly inform him in writing of the source and contents of any untried indictment or information against him concerning which the warden, administrator or other official has knowledge and of his right to make a request for final disposition thereof.

      (d) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in subsection (a) hereof shall void the request.

      (1957, P.A. 551, S. 1; 1961, P.A. 465; 1963, P.A. 642, S. 79; P.A. 73-116, S. 14; 73-667, S. 1, 2; P.A. 74-183, S. 156, 291; P.A. 76-436, S. 558, 681; P.A. 80-313, S. 37; June Sp. Sess. P.A. 98-1, S. 74, 121; P.A. 04-234, S. 2.)

      History: 1961 act specified, in Subsec. (a), request and notice be to state's attorney or prosecuting attorney and added circuit court; 1963 act stipulated state's attorney be of the county, deleted reference to prosecuting attorney of county and substituted jail administrator for sheriff; P.A. 73-116 added reference to judicial districts and replaced jail administrator with community correctional center administrator; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 replaced prosecuting attorneys of common pleas court with assistant state's attorneys and deleted reference to various courts' jurisdiction, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 80-313 deleted reference to counties and made slight change in wording; Sec. 54-139 transferred to Sec. 54-82c in 1981; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a), effective June 24, 1998; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Annotations to former section 54-139:

      Phrase "has caused to be delivered" is equivalent of "has delivered" and one-hundred-twenty-day period runs from completion of delivery of both request and supplemental information. 149 C. 250. Cited. 153 C. 28. Statute permits court to grant continuance for good cause shown even where facts which lead court to grant continuance are beyond defendant's control. 171 C. 487, 492. Cited. Id., 487, 488, 489, 491, 492. Cited. 185 C. 118, 121. Cited. 194 C. 297, 303. Cited. 198 C. 573, 585, 588.

      Cited. 40 CA 757, 759.

      Does not apply to prisoner in federal institution in Connecticut. 24 CS 308. Does not purport to place a limit on time within which information should be made. Id. Cited. 36 CS 327, 330.

      Subsec. (a):

      Cited. 185 C. 118-121.

      Annotations to present section:

      Cited. 193 C. 270, 273, 279, 280. Cited. 194 C. 297, 303. Cited. 197 C. 166-170. Cited. 198 C. 573, 585, 588. Cited. 202 C. 93-105. Cited. 221 C. 921. Cited. 224 C. 163-168. Cited. 242 C. 409.

      Cited. 12 CA 1, 9-13. Cited. 14 CA 244-250. Cited. Id., 493, 498. Cited. 20 CA 205, 209. Cited. 26 CA 698, 699, 701- 704, 706, 707, 709, 711-716. Cited. 28 CA 195, 196, 204, 206, 207. Cited. 32 CA 38, 41, 42. Cited. 33 CA 184, 189; judgment reversed, see 232 C. 707 et seq. Cited. 40 CA 757, 759-762.

      Subsec. (a):

      Cited. 197 C. 166, 169. Cited. 198 C. 573, 586, 587.

      Cited. 12 CA 1, 6. Cited. 14 CA 244, 247.

      Subsec. (b):

      Cited. 197 C. 166, 169, 171. Cited. 198 C. 573, 586.

      Subsec. (c):

      Cited. 193 C. 270, 280.

      Cited. 26 CA 698, 704, 705, 708, 710-714. Cited. 29 CA 694, 695, 701-703.

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      Sec. 54-82d. (Formerly Sec. 54-140). Dismissal of charges on failure to grant prisoner speedy trial. If an action is not assigned for trial within the period of time as provided in section 54-82c, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment or information be of any further force or effect, and the court shall enter an order dismissing the same.

      (1957, P.A. 551, S. 2; P.A. 80-313, S. 38.)

      History: P.A. 80-313 added specific reference to Sec. 54-139 and made slight change in wording; Sec. 54-140 transferred to Sec. 54-82d in 1981 and reference to Sec. 54-139 revised to reflect its transfer as well.

      Annotations to former section 54-140:

      Period of time construed to run from completion of delivery of both request and supplemental information. 149 C. 250. Cited. 171 C. 487, 489-491. Cited. 185 C. 118, 119, 121.

      Annotations to present section:

      Cited. 194 C. 297, 303. Cited. Id., 510, 517. Cited. 197 C. 166, 169. Cited. 198 C. 573, 585-589, 591. Failure to bring to trial within time limit prescribed by Sec. 54-82c may be waived. Statute affects personal jurisdiction not subject matter jurisdiction. 202 C. 93-100, 102-105. Cited. 221 C. 921. Cited. 224 C. 163-165, 167.

      Cited. 12 CA 1, 10, 11. Cited. 14 CA 244, 247. Cited. 20 CA 205, 209. Cited. 26 CA 698-700, 712, 713. Cited. 28 CA 195, 206. Cited. 29 CA 694, 702, 703. Cited. 40 CA 757, 759.

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      Sec. 54-82e. (Formerly Sec. 54-141). Mentally ill person not covered. The provisions of sections 54-82c and 54-82d shall not apply to any person adjudged to be mentally ill.

      (1957, P.A. 551, S. 3.)

      History: Sec. 54-141 transferred to Sec. 54-82e in 1981 and revised references to other sections within provisions as necessary to reflect their transfer.

      Cited. 194 C. 297, 303.

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      Sec. 54-82f. Voir dire examination. In any criminal action tried before a jury, either party shall have the right to examine, personally or by his counsel, each juror outside the presence of other prospective jurors as to his qualifications to sit as a juror in the action, or as to his interest, if any, in the subject matter of the action, or as to his relations with the parties thereto. If the judge before whom the examination is held is of the opinion from the examination that any juror would be unable to render a fair and impartial verdict, the juror shall be excused by the judge from any further service upon the panel, or in the action, as the judge determines. The right of such examination shall not be abridged by requiring questions to be put to any juror in writing and submitted in advance of the commencement of said action.

      (P.A. 80-313, S. 39.)

      Note: This section was formerly part of Sec. 51-240. See Sec. 51-240 History re P.A. 80-313.

      Cited. 196 C. 667, 671. Cited. 197 C. 314, 317, 319. Cited. 200 C. 586, 597, 600. Cited. 201 C. 125, 161. Cited. 203 C. 506, 511. Cited. 204 C. 156, 160. Cited. Id., 377, 381. Cited. 205 C. 61, 73. Cited. 218 C. 309, 318. Cited. 222 C. 1, 6. Cited. 223 C. 299, 308. Cited. 226 C. 237, 259. Cited. Id., 618, 629. Cited. 230 C. 385, 391; see also 37 CA 801 et seq. Cited. 233 C. 215, 219. Cited. Id., 813, 843. Cited. 237 C. 238, 247, 248. Cited. Id., 454, 457, 459. Nothing in section requires trial court to permit a party to ascertain prospective jurors' views on specific evidence during voir dire. 269 C. 213.

      Cited. 10 CA 624, 634. Cited. 16 CA 165, 170. Cited. Id., 333, 338, 340. Cited. 26 CA 165, 172. Cited. 30 CA 359, 366. Cited. Id., 470, 491. Cited. 31 CA 278, 286; judgment reversed, see 230 C. 385 et seq.; see also 37 CA 801 et seq. Cited. 38 CA 247, 252. Cited. Id., 598, 612. Cited. 40 CA 328, 331. Cited. 46 CA 600. Purpose of voir dire. 49 CA 41.

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      Sec. 54-82g. (Formerly Sec. 51-242). Peremptory challenges in criminal prosecution. The accused may challenge peremptorily, in any criminal trial before the Superior Court for any offense punishable by death, twenty-five jurors; for any offense punishable by imprisonment for life, fifteen jurors; for any offense the punishment for which may be imprisonment for more than one year and for less than life, six jurors; and for any other offense, three jurors. In any criminal trial in which the accused is charged with more than one count on the information or where there is more than one information, the number of challenges is determined by the count carrying the highest maximum punishment. The state, on the trial of any criminal prosecution, may challenge peremptorily the same number of jurors as the accused.

      (1949 Rev., S. 8798; 1953, S. 3327d; 1959, P.A. 28, S. 210; February, 1965, P.A. 574, S. 39; P.A. 73-576, S. 1, 4; P.A. 74-183, S. 55, 291; P.A. 76-336, S. 16; P.A. 76-436, S. 105, 681; P.A. 77-452, S. 19, 72; P.A. 80-152; 80-313, S. 40, 62.)

      History: 1959 act added circuit court; 1965 act deleted obsolete reference to common pleas court, its criminal jurisdiction having been abolished in 1959; P.A. 73-576 replaced "State Prison" with "Connecticut Correctional Institution, Somers" and deleted provisions which pertained to twelve-person juries and allowed for eight challenges in trials where offense is punishable by sentence of less than life and four challenges for other offenses, retaining six challenges and four challenges, respectively, previously applicable to six-person juries and now made generally applicable, effective June 12, 1973, and applicable to all prosecutions claimed for jury trial on and after that date; P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-336 specified that six challenges are allowed where imprisonment may be for "more than one year" and deleted specific mention of Somers institution as place of imprisonment; P.A. 76-436 reiterated changes of P.A. 76-336 and deleted reference to arraignment before court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-452 made technical grammatical change; P.A. 80-152 deleted specific reference to superior court arraignments, referring instead to arraignment "in any criminal trial" and added provision re determination of challenges allowed in cases involving more than one court or more than one information; P.A. 80-313 reiterated deletion of reference to arraignment in superior court; Sec. 51-242 transferred to Sec. 54-82g in 1981.

      Annotations to former section 51-242:

      Peremptory challenge must be made at time of examination, unless new cause arises. 18 C. 177. Juror need not be sworn on voir dire; 47 C. 528; not a strict right, but may be granted; in any event waived by neglect to request. Id., 528. If challenge for favor overruled, no cause of complaint unless peremptory challenges exhausted. Id., 528; 49 C. 379. When court has discretion to sentence for life, accused may challenge fifteen jurors peremptorily. 49 C. 232. Where more than one count, number that may be challenged is determined by highest maximum punishment under any count. 80 C. 618. Accused has no absolute right to examine jurors. 69 C. 186; 80 C. 614. Control of judge over examination. 72 C. 722. See note to section 51-241. Disqualifications of jurors discussed; distinction between principal challenge and challenge to the favor. 103 C. 542. Challenge to the array, which can lie only for a cause affecting entire panel discussed. 100 C. 209; 103 C. 471; 109 C. 572. Qualifications of jurors who hold opinions formed through news reports. 147 C. 194.

      Annotations to present section:

      Cited. 193 C. 646, 648. Cited. 195 C. 421, 432. Cited. 223 C. 299, 313. Cited. 226 C. 618, 629, 632. Cited. 233 C. 813, 845. Cited. 237 C. 238, 248. Nothing in section requires trial court to permit a party to ascertain prospective jurors' views on specific evidence during voir dire. 269 C. 213.

      Cited. 7 CA 503, 504. Cited. 16 CA 333, 338. Cited. 36 CA 631, 634. Cited. 38 CA 231, 234.

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      Sec. 54-82h. Alternate jurors in criminal cases. Peremptory challenges. (a) In any criminal prosecution to be tried to the jury in the Superior Court if it appears to the court that the trial is likely to be protracted, the court may, in its discretion, direct that, after a jury has been selected, two or more additional jurors shall be added to the jury panel, to be known as "alternate jurors". Such alternate jurors shall have the same qualifications and be selected and subject to examination and challenge in the same manner and to the same extent as the jurors constituting the regular panel, provided, in any case when the court directs the selection of alternate jurors, the number of peremptory challenges allowed shall be as follows: In any criminal prosecution the state and the accused may each peremptorily challenge thirty jurors if the offense for which the accused is arraigned is punishable by death, eighteen jurors if the offense is punishable by life imprisonment, eight jurors if the offense is punishable by imprisonment for more than one year and for less than life, and four jurors in any other case.

      (b) Alternate jurors shall be sworn separately from those constituting the regular panel, and the oaths to be administered shall be as provided in section 1-25.

      (c) Alternate jurors shall attend at all times upon trial of the cause. They shall be seated when the case is on trial with or near the jurors constituting the regular panel, with equal opportunity to see and hear all matters adduced in the trial of the case. If, at any time, any juror shall, for any reason, become unable to further perform the duty of a juror, the court may excuse such juror and, if any juror is so excused or dies, the court may order that an alternate juror who is designated by lot to be drawn by the clerk shall become a part of the regular panel and the trial or deliberation shall then proceed with appropriate instructions from the court as though such juror had been a member of the regular panel from the time when the trial or deliberation began. If the alternate juror becomes a member of the regular panel after deliberations began, the jury shall be instructed by the court that deliberations by the jury shall begin anew. A juror who has been selected to serve as an alternate shall not be segregated from the regular panel except when the case is given to the regular panel for deliberation at which time such alternate juror may be dismissed from further service on said case or may remain in service under the direction of the court.

      (P.A. 80-313, S. 41; P.A. 82-307, S. 5, 8; P.A. 00-116, S. 6.)

      Note: This section was formerly part of Sec. 51-243. See Sec. 51-243 History re P.A. 80-313.

      History: P.A. 82-307 amended Subsec. (a) by changing the number of alternate jurors from "one or two" to two "or more" and amended Subsec. (c) to reflect this change; P.A. 00-116 amended Subsec. (c) by making technical changes, by permitting alternate juror to become part of the deliberation and proceed with appropriate instructions from the court as though alternate juror was part of the regular panel when the trial or deliberation began, by providing if alternate juror becomes member of panel after deliberations began, the jury shall be instructed by the court that deliberations by the jury shall begin anew, and by adding provision allowing alternate juror to remain in service under the direction of the court during deliberation of regular panel.

      Cited. 200 C. 615, 624. Cited. 209 C. 564, 571. Cited. 223 C. 299, 313. Cited. 226 C. 618, 629. Cited. 233 C. 813, 814, 844-846.

      Cited. 7 CA 503, 504. Cited. 36 CA 631, 634. Cited. 38 CA 231, 235. Cited. 41 CA 831, 843.

      Subsec. (a):

      Cited. 190 C. 219, 224. Cited. 195 C. 421, 432. Cited. 223 C. 299, 304. Cited. 226 C. 618, 629, 632.

      Cited. 8 CA 158, 161. Cited. 34 CA 58, 94; judgment reversed, see 232 C. 537 et seq. Cited. 35 CA 541, 564.

      Subsec. (c):

      Cited. 199 C. 163, 167. Cited. 216 C. 367, 378. Cited. 223 C. 299, 300, 305. Cited. 226 C. 618, 632. Cited. 231 C. 235, 238, 242-244. Statute requires alternate jurors to be dismissed after commencement of jury deliberations and substitution of alternate juror after commencement of deliberations is prohibited. 254 C. 472. Substitution of alternate juror after commencement of deliberations in violation of statute is not harmless error. Id. Statute now explicitly permits substitution of a juror after deliberations have begun. 257 C. 192.

      Cited. 34 CA 58, 94; judgment reversed, see 232 C. 537 et seq. Cited. 35 CA 541, 564. Cited. 41 CA 831, 840-844. Judgments of conviction reversed due to substitution of two nonjurors, formerly alternate jurors who were dismissed by trial court after deliberations had begun, for regular jurors in the jury by the trial court. 67 CA 734.

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      Sec. 54-82i. (Formerly Sec. 54-22). Attendance of witnesses in criminal proceedings. (a) Definitions. The following words, when used in this section, have the meaning specified, unless the context otherwise indicates: "Witness" means a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding; "state" includes any territory of the United States and the District of Columbia, and "summons" means a subpoena, order or other notice requiring the appearance of a witness.

      (b) Summoning witness in this state to testify in another state. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies, under the seal of such court, that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or grand jury investigation and that the presence of such witness will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the judicial district in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at such time and place for such hearing. If, at such hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state and that the laws of such other state and the laws of any other state through which the witness may be required to pass by ordinary course of travel will give to such witness protection from arrest and from the service of civil or criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. At any such hearing, the certificate shall be prima facie evidence of all the facts stated therein. If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the attendance of the witness in such state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before such judge for such hearing, and, being satisfied, at such hearing, of the desirability of such custody and delivery, of which desirability such certificate shall be prima facie proof, may, in lieu of issuing a subpoena or summons, order that such witness be forthwith taken into custody and delivered to an officer of the requesting state. If such witness, after being paid or tendered by an authorized person the same amount per mile as provided for state employees pursuant to section 5-141c for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars each day that such witness is required to travel and attend as a witness, fails, without good cause, to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

      (c) Witness from another state summoned to testify in this state. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or in grand jury investigations commenced or about to commence in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court, stating such facts and specifying the number of days the witness will be required. Such certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the attendance of the witness in this state. Such certificate shall be presented to a judge of a court of record in the judicial district in which the witness is found. If the witness is summoned to attend and testify in this state, the witness shall be tendered the same amount per mile as provided for state employees pursuant to section 5-141c for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars for each day that such witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails, without good cause, to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

      (d) Exemption from arrest and service of process. If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not, while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under such summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under such summons.

      (e) Interpretation. This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of the states which enact it.

      (1949 Rev., S. 8732; P.A. 78-280, S. 2, 127; P.A. 01-186, S. 10, 11.)

      History: P.A. 78-280 substituted "judicial district" for "county"; Sec. 54-22 transferred to Sec. 54-82i in 1981; P.A. 01-186 amended Subsec. (b) by replacing "sum of ten cents a mile" with provision re payment of same amount per mile as provided for state employees pursuant to Sec. 5-141c and making technical changes for purposes of gender neutrality and amended Subsec. (c) by replacing "sum of ten cents for each mile" with provision allowing witness the same amount per mile as provided for state employees pursuant to Sec. 5-141c and making technical changes for purposes of gender neutrality.

      Annotations to former section 54-22:

      Cited. 179 C. 102-106.

      Subsec. (c):

      Cited. 171 C. 47, 56.

      Annotations to present section:

      Cited. 198 C. 517, 540. Cited. 237 C. 58, 59.

      Cited. 7 CA 503, 512. Cited. 36 CA 250, 254.

      Subsec. (c):

      Cited. 193 C. 350, 361. Cited. 194 C. 89-91. Cited. 198 C. 542, 559.

      Cited. 3 CA 137, 143. Habeas corpus petitioner, incarcerated in Arizona, could not prevail on his claim that trial court should have invoked provisions of subsec. to secure petitioner's presence at hearing on Commissioner of Correction's motion to dismiss petition. Subsec. applies to criminal and grand jury proceedings not habeas corpus proceedings which are civil in nature. 82 CA 25.

      Cited. 38 CS 301, 306. Cited. Id., 521, 526.

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      Sec. 54-82j. (Formerly Sec. 54-23). Detention of witnesses. Warrant. Upon the written complaint of any state's attorney addressed to the clerk of the superior court for the judicial district wherein such state's attorney resides, alleging (1) that a person named therein is or will be a material witness in a criminal proceeding then pending before or returnable to the superior court for such judicial district, and in which proceeding any person is or may be charged with an offense punishable by death or imprisonment for more than one year, and (2) that the state's attorney believes that such witness is likely to disappear from the state, secrete himself or otherwise avoid the service of subpoena upon him, or refuse or fail to appear and attend in and before such superior court as a witness, when desired, the clerk or any assistant clerk of the court shall issue a warrant addressed to any proper officer or indifferent person, for the arrest of the person named as a witness, and directing that such person be forthwith brought before any judge of the superior court for such judicial district, for examination. The person serving the warrant shall bring the person so arrested before the judge for examination as soon as is reasonably possible and hold him subject to the further orders of the judge. The person serving the warrant shall also notify the state's attorney of such arrest and of the time and place of such examination.

      (1949 Rev., S. 8760; 1959, P.A. 28, S. 144; February, 1965, P.A. 574, S. 44; P.A. 73-116, S. 20; 73-667, S. 1, 2; P.A. 74-183, S. 135, 291; P.A. 76-436, S. 527, 681; P.A. 78-280, S. 1, 127; P.A. 80-313, S. 42.)

      History: 1959 act substituted circuit court for trial justice or municipal court; 1965 act deleted obsolete provision for bringing arrested witness before common pleas court judge; P.A. 73-116 added references to judicial districts and substituted "Connecticut Correctional Institution, Somers" for "State Prison"; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 deleted reference to proceedings pending before common pleas court, reflecting transfer of all trial jurisdiction to superior court, and applied provisions to cases involving imprisonment for more than one year, deleting specific reference to imprisonment in Somers facility, effective July 1, 1978; P.A. 78-280 deleted references to counties; P.A. 80-313 made minor changes in wording but made no substantive changes; Sec. 54-23 transferred to Sec. 54-82j in 1981.

      Cited. 5 CA 347, 352.

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      Sec. 54-82k. (Formerly Sec. 54-24). Recognizance; commitment; release; fees. (a) If, upon the examination provided for in section 54-82j, the judge is of the opinion that the interests of justice so require, he may order that a recognizance to the state be entered into by one or more persons of sufficient responsibility, conditioned that the person named as a witness shall appear before the superior court before which the proceeding is pending or to which it is returnable and abide the order of said superior court in the case.

      (b) If such recognizance is not entered into, the judge shall order the person to be committed to a community correctional center until the next criminal term of the Superior Court to be held in the judicial district, or until he is legally discharged, and the judge shall issue a proper mittimus for his commitment in the case. Any person so committed to a community correctional center shall not, upon such commitment, be confined or associated in the center with persons confined therein upon conviction of or charged with any criminal offense, and the state's attorney for the judicial district wherein the person is so detained may release the bond and order the discharge of the person if, in his judgment, the requirements of justice so demand. When any person is confined in a community correctional center under the provisions of this section and section 54-82j, he shall receive, in addition to his legal fees as a witness, two dollars for each day that he is so confined, and the fees and expenses incurred under the provisions of this section and section 54-82j, shall be taxed by the court and paid as other expenses in criminal proceedings.

      (c) Any person committed under the provisions of this section shall be released from confinement upon the giving of the required recognizance, which shall be taken as provided in case of imprisonment in a community correctional center upon criminal process.

      (d) "State's attorney", as used in section 54-82j, and in this section, includes assistant state's attorneys.

      (1949 Rev., S. 8761; 1959, P.A. 28, S. 145; 1963, P.A. 642, S. 64; P.A. 73-116, S. 21; 73-667, S. 1, 2; P.A. 74-183, S. 136, 291; P.A. 76-436, S. 528, 681; P.A. 78-280, S. 1, 127; P.A. 80-313, S. 43.)

      History: 1959 act substituted circuit court for municipal court or trial justice, which were abolished; 1963 act deleted stipulation commitment be to jail in county where court has jurisdiction; P.A. 73-116 added references to judicial districts and substituted "community correctional center" for "jail" where appearing; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 amended section to delete references to proceedings before court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 78-280 deleted references to counties; P.A. 80-313 divided existing provisions into Subsecs. (a), (b) and (d), rephrasing provisions, and inserted new Subsec. (c) re release upon giving required recognizance; Sec. 54-24 transferred to Sec. 54-82k in 1981 and references to other sections within provisions revised as necessary to reflect their transfer.

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      Sec. 54-82l. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1983. In accordance with the provisions of section 51-14, the judges of the Superior Court shall make such rules as they deem necessary to provide a procedure to assure a speedy trial for any person charged with a criminal offense on or after July 1, 1983. Such rules shall provide that (1) in any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of a criminal offense shall commence within eighteen months from the filing date of the information or indictment or from the date of the arrest, whichever is later, except that when such defendant is incarcerated in a correctional institution of this state pending such trial and is not subject to the provisions of section 54-82c, the trial of such defendant shall commence within twelve months from the filing date of the information or indictment or from the date of the arrest, whichever is later; and (2) if a defendant is not brought to trial within the time limit set forth in subdivision (1) and a trial is not commenced within thirty days of a motion for a speedy trial made by the defendant at any time after such time limit has passed, the information or indictment shall be dismissed. Such rules shall include provisions to identify periods of delay caused by the action of the defendant, or the defendant's inability to stand trial, to be excluded in computing the time limits set forth in subdivision (1).

      (P.A. 82-349, S. 1, 4; P.A. 83-1, S. 1, 3.)

      History: P.A. 82-349, S. 1, effective July 1, 1983; P.A. 83-1 added words "on or after July 1, 1983" after "offense".

      Cited. 198 C. 542, 547.

      Cited. 12 CA 364, 369.

      Cited. 3 CA 349, 351. Cited. 5 CA 347, 351.

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      Sec. 54-82m. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1985. In accordance with the provisions of section 51-14, the judges of the Superior Court shall make such rules as they deem necessary to provide a procedure to assure a speedy trial for any person charged with a criminal offense on or after July 1, 1985. Such rules shall provide that (1) in any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of a criminal offense shall commence within twelve months from the filing date of the information or indictment or from the date of the arrest, whichever is later, except that when such defendant is incarcerated in a correctional institution of this state pending such trial and is not subject to the provisions of section 54-82c, the trial of such defendant shall commence within eight months from the filing date of the information or indictment or from the date of arrest, whichever is later; and (2) if a defendant is not brought to trial within the time limit set forth in subdivision (1) and a trial is not commenced within thirty days of a motion for a speedy trial made by the defendant at any time after such time limit has passed, the information or indictment shall be dismissed. Such rules shall include provisions to identify periods of delay caused by the action of the defendant, or the defendant's inability to stand trial, to be excluded in computing the time limits set forth in subdivision (1).

      (P.A. 82-349, S. 2, 4; P.A. 83-1, S. 2, 3.)

      History: P.A. 82-349, S. 2, effective July 1, 1985; P.A. 83-1 added words "on or after July 1, 1983" after "offense".

      Cited. 202 C. 443, 453. Cited. 218 C. 85, 114-116. Cited. 233 C. 813, 830, 831. Exception to sixty-day limitation period for acts of God and misconduct on part of a defendant is a necessary implication. 242 C. 389. Cited. 243 C. 115. Trial court properly determined that the time that co-defendant's attorney was unavailable was excludable time for computing the commencement of defendant's trial. 252 C. 714. Administrative incompetence, whether founded in negligence, recklessness or a serious dereliction of duty, does not constitute "exceptional circumstances", and therefore "good cause", for the failure to bring defendant to trial before the thirty-day period has expired. 265 C. 437.

      Cited. 14 CA 244, 248, 250. Cited. 33 CA 184, 188; judgment reversed, see 232 C. 707 et seq. Cited. 37 CA 384, 397. Cited. 38 CA 868, 872, 874. Cited. 40 CA 483-486. Statutory right to speedy trial cited. Id. Cited. Id., 643, 646. Cited. Id., 757, 760-762. Cited. 42 CA 144. Cited. 43 CA 488. Right to protection of statute waived by withdrawing motion and not filing for dismissal. 47 CA 91. Cited. 54 CA 361. Section codifies defendant's constitutional right to speedy trial and confers on Superior Court judges authority to make such rules as they deem necessary to establish procedure for implementing that right. 66 CA 357. Defendant not deprived of right to speedy trial when trial delay was occasioned by continuances requested by defendant's counsel, rather than by defendant, and defendant did not object. 78 CA 659.

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      Secs. 54-82n to 54-82p. Reserved for future use.

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      Sec. 54-82q. Temporary restraining order prohibiting harassment of witness. (a) Upon application of a prosecutorial official, a court may issue a temporary restraining order prohibiting the harassment of a witness in a criminal case if the court finds, from specific facts shown by affidavit or verified complaint, that there are reasonable grounds to believe that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of an offense under section 53a-151 or 53a-151a.

      (b) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party's attorney if the court finds, upon written certification of facts by the prosecutorial official, that such notice should not be required and that there is a reasonable probability that the state will prevail on the merits. A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in its terms and describe in reasonable detail, and not by reference to the complaint or other document, the act or acts being restrained.

      (c) A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court that issued the order.

      (d) A temporary restraining order issued under this section shall expire at such time as the court directs, not to exceed ten days from issuance. The court, for good cause shown before expiration of the order, may extend the expiration date of the order for not more than ten days or for a longer period if agreed to by the adverse party. If the prosecutorial official files an application for a protective order pursuant to section 54-82r prior to the expiration date of the temporary restraining order, the temporary restraining order shall remain in effect until the court makes a decision on the issuance of such protective order.

      (e) If, on two days' notice to the prosecutorial official or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion expeditiously.

      (f) When a temporary restraining order is issued without notice, an application for a protective order filed pursuant to section 54-82r shall be privileged in assignment for hearing and shall take precedence over all other matters except matters of the same character, and, if the prosecutorial official does not proceed with such application at such hearing, the temporary restraining order shall be dissolved.

      (P.A. 99-240, S. 2.)

      See Sec. 51-5c re automated registry of protective orders.

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      Sec. 54-82r. Protective order prohibiting harassment of witness. (a) Upon application of a prosecutorial official, a court may issue a protective order prohibiting the harassment of a witness in a criminal case if the court, after a hearing at which hearsay evidence shall be admissible, finds by a preponderance of the evidence that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of a violation of section 53a-151 or 53a-151a. Any adverse party named in the complaint has the right to present evidence and cross-examine witnesses at such hearing. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the witness, and a copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the appropriate law enforcement agency.

      (b) A protective order shall set forth the reasons for the issuance of such order, be specific in terms and describe in reasonable detail, and not by reference to the complaint or other document, the act or acts being restrained. A protective order issued under this section may include provisions necessary to protect the witness from threats, harassment, injury or intimidation by the adverse party including, but not limited to, enjoining the adverse party from (1) imposing any restraint upon the person or liberty of the witness, (2) threatening, harassing, assaulting, molesting or sexually assaulting the witness, or (3) entering the dwelling of the witness. Such order shall contain the following language: "In accordance with section 53a-223 of the general statutes, any violation of this order constitutes criminal violation of a protective order. Additionally, in accordance with section 53a-107 of the general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. These are criminal offenses each punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both." If the adverse party is the defendant in the criminal case, such order shall be made a condition of the bail or release of the defendant and shall also contain the following language: "Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release."

      (c) The protective order shall remain in effect for the duration of the criminal case except as otherwise ordered by the court.

      (P.A. 99-240, S. 3; P.A. 02-132, S. 58.)

      History: P.A. 02-132 amended Subsec. (a) by replacing provisions re sending certified copy of order to law enforcement agency with provisions re sending copy of or information contained in order to law enforcement agency by facsimile or other means, effective January 1, 2003.

      See Sec. 51-5c re automated registry of protective orders.

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      Sec. 54-82s. The Leroy Brown, Jr. and Karen Clarke Witness Protection Program. The program of providing protective services to witnesses under sections 54-82t and 54-82u shall be known as the "The Leroy Brown, Jr. and Karen Clarke Witness Protection Program".

      (P.A. 99-247, S. 6.)

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      Sec. 54-82t. Protective services for witness at risk of harm. (a) For the purposes of this section and section 54-82u:

      (1) "Witness" means any person who is summoned, or who may be summoned, to give testimony in a criminal proceeding, and includes a member of the immediate family of such person.

      (2) "Witness at risk of harm" means a witness who, as a result of cooperating in an investigation or prosecution of a serious felony offense, has been, or is reasonably likely to be, intimidated, harassed, threatened, retaliated against or subjected to physical violence.

      (3) "Serious felony offense" means any felony that involves the use, attempted use or threatened use of physical force against another person or results in the serious physical injury or death of another person.

      (b) In any investigation or prosecution of a serious felony offense, the prosecutorial official shall review all witnesses to the offense and may identify any witness as a witness at risk of harm. Upon such identification, the prosecutorial official shall then determine whether a witness at risk of harm is critical to a criminal investigation or prosecution. If the witness at risk of harm is determined to be critical to such investigation or prosecution, the prosecutorial official may (1) certify that the witness receive protective services, or (2) if the prosecutorial official finds a compelling need to temporarily relocate the witness, certify that the witness receive protective services including temporary relocation services. In determining whether a witness should receive protective services, the prosecutorial official shall give special consideration to a witness who is a child, elderly or handicapped or otherwise more at risk of being intimidated, harassed, threatened, retaliated against or subjected to physical violence or who is a witness in a case involving organized crime, gang activities or drug trafficking or involving a high degree of risk to the witness.

      (c) When a witness is certified as provided in subsection (b) of this section, the Chief State's Attorney shall provide appropriate protective services to such witness. The Chief State's Attorney shall coordinate the efforts of state and local agencies to provide protective services to a witness.

      (d) Protective services provided to such witness may include, but are not limited to:

      (1) Armed protection, escort, marked or unmarked surveillance or periodic visits or contact by law enforcement officials prior, during or subsequent to the official proceeding;

      (2) Temporary physical relocation to an alternate residence;

      (3) Housing expenses;

      (4) Transportation or storage of personal possessions;

      (5) Basic living expenses including, but not limited to, food, transportation, utility costs and health care; or

      (6) Other services as needed and approved by the Chief State's Attorney.

      (e) Protective services may be provided for the duration of the criminal case or until the risk giving rise to certification has diminished, whichever occurs first.

      (f) In addition to the protective services provided pursuant to subsection (d) of this section, the Chief State's Attorney shall provide such witness with (1) information on the responsibilities and risks of being a witness, and (2) the names and telephone numbers of persons to contact if such witness has questions or concerns for such witness's safety, including at least one telephone number that may be called twenty-four hours a day.

      (g) If a witness declines to receive protective services under this section, the Chief State's Attorney shall request the witness to make such declination in writing. Such declination shall set forth (1) the type of protective services offered, (2) that the offer of protective services has been explained in detail to the witness, and (3) a telephone number that the witness may call twenty-four hours a day if the witness has concerns for the witness's safety or reconsiders the witness's decision to decline protective services.

      (h) If the parent or parents or guardian of a child who is certified as a witness at risk of harm critical to a criminal investigation or prosecution as provided in subsection (b) of this section, declines the provision of protective services under this section, the Office of the Chief State's Attorney shall be notified within twenty-four hours after such declination. Upon receipt of such notice, the Chief State's Attorney shall make reasonable efforts to confer with a victim advocate providing services for the Office of Victim Services and shall, not later than three days after such declination, determine if the matter should be referred to the Department of Children and Families for investigation as to whether such child is neglected, as defined in section 46b-120, and whether the department should provide protective services or take other action pursuant to chapter 319a or 815t with respect to such child.

      (i) The costs of providing protective services to witnesses under this section shall be shared by the state and local agencies providing such services pursuant to the witness protection policy established by the Office of the Chief State's Attorney.

      (j) Any record of the Division of Criminal Justice or other governmental agency that, in the reasonable judgment of the Chief State's Attorney or a state's attorney, would disclose or would reasonably result in the disclosure of the identity or location of any person receiving or considered for the receipt of protective services under this section or of law enforcement techniques not otherwise known to the general public that are used in protecting witnesses, shall be confidential and not subject to disclosure under the Freedom of Information Act, as defined in section 1-200.

      (k) The Division of Criminal Justice may utilize the resources of other state agencies in order to provide protective services to witnesses under this section. All offices of the state's attorneys and other agencies requesting assistance under this section shall comply with the provisions of the witness protection policy established by the Office of the Chief State's Attorney.

      (l) The Chief State's Attorney, pursuant to his authority under section 51-279, shall implement the provisions of this section and section 54-82u. The Chief State's Attorney may adopt regulations in accordance with chapter 54 to implement the provisions of this section and section 54-82u.

      (m) Not later than November 15, 2001, and annually thereafter, the Chief State's Attorney shall submit a report to the General Assembly on the fiscal and operational status of the program to provide protective services to witnesses under this section.

      (P.A. 99-240, S. 6.)

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      Sec. 54-82u. Witness protection agreement. (a) In order to receive protective services under section 54-82t, the witness shall enter into a written agreement with the Chief State's Attorney. The witness protection agreement shall be in writing and shall specify the responsibilities of the witness that establish the conditions for the Chief State's Attorney to provide protective services. The witness shall agree to all of the following:

      (1) To testify in and provide information to all appropriate law enforcement officials concerning all appropriate proceedings;

      (2) To refrain from committing any crime;

      (3) To take all necessary steps to avoid detection by other persons of the facts concerning the protective services provided to the witness under section 54-82t;

      (4) To comply with legal obligations and civil judgments against the witness;

      (5) To cooperate with all reasonable requests of officers and employees of the state or any municipality who are providing protective services under section 54-82t;

      (6) To designate another person to act as agent for service of process;

      (7) To make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation;

      (8) To disclose if the witness is on probation or parole and, if so, any conditions of probation or parole;

      (9) To inform regularly the appropriate official of the witness's activities and current address; and

      (10) To comply with any other lawful and appropriate conditions as determined by the Office of the Chief State's Attorney.

      (b) The Chief State's Attorney shall not be liable for any condition in the witness protection agreement that cannot reasonably be met due to a witness committing a crime during participation in the program.

      (P.A. 99-240, S. 7.)

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      Sec. 54-83. Testimony required in capital cases. No person may be convicted of any crime punishable by death without the testimony of at least two witnesses, or that which is equivalent thereto.

      (1949 Rev., S. 8799; P.A. 80-313, S. 47.)

      History: P.A. 80-313 substituted "may" for "shall".

      Not necessary that there should be two witnesses to every material fact; true rule stated. 49 C. 385; 77 C. 274; 78 C. 18; 93 C. 246; 97 C. 465; 103 C. 467; 106 C. 705; 122 C. 533; 126 C. 57. Whether requirement is met is for the jury to say. 81 C. 27; 90 C. 126; 93 C. 246; 97 C. 465; 103 C. 467. Charge embodying rule approved. 97 C. 465. Cited. 123 C. 673; 147 C. 95. If testimony of one or more witnesses tends to prove that a murder has been committed, testimony of only one other witness implicating the defendant is sufficient to satisfy the statute. 139 C. 475. The proof of all the essential elements of a capital crime charged shall not depend upon the testimony of one witness. 142 C. 113. One witness may testify to some of the essential facts and another to the rest of the essential facts and the statute may be satisfied. 147 C. 194. Adoption of Wigmore definition of "corpus delicti". Previous cases defining "corpus delicti" overruled. 152 C. 15. Cited. 182 C. 511, 525, 526. Cited. 229 C. 125, 130, 140. Cited. 230 C. 183-185, 218-221, 257, 278, 279. Cited. 233 C. 813, 814, 848, 851, 852. Cited. 235 C. 206, 216. Confession and independent circumstantial evidence satisfied the two witness rule. 251 C. 285.

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      Sec. 54-84. Testimony or silence of accused. (a) Any person on trial for crime shall be a competent witness, and at his or her option may testify or refuse to testify upon such trial. The neglect or refusal of an accused party to testify shall not be commented upon by the court or prosecuting official, except as provided in subsection (b) of this section.

      (b) Unless the accused requests otherwise, the court shall instruct the jury that they may draw no unfavorable inferences from the accused's failure to testify. In cases tried to the court, no unfavorable inferences shall be drawn by the court from the accused's silence.

      (1949 Rev., S. 8800; 1971, P.A. 237; 871, S. 122; P.A. 77-360; P.A. 80-313, S. 44.)

      History: 1971 acts applied provisions equally with respect to either spouse where previously applicable only to wives receiving personal violence from husbands or to women charged with violation of specified sections; P.A. 77-360 prohibited comment upon neglect or refusal to testify "by the court or prosecuting official, except as provided in subsection (b) of this section" rather than comments "to the court or jury" and added Subsec. (b); P.A. 80-313 deleted provisions re spouse's competency as witness and option to testify or not except in cases involving violence against spouse or specified violations where testimony may be compelled, but see Sec. 54-84a.

      See Sec. 54-84a re spouse's privilege to refuse to testify against his or her husband or wife.

      Communication between husband and wife not privileged to extent of preventing one who overhears them from testifying thereto. 47 C. 540. Voluntary statements of accused before coroner or grand jury in no sense compulsory and are admissible in evidence. 56 C. 399. Certain comments by state's attorney not objectionable. 73 C. 100; 96 C. 291. Commenting on refusal not always ground for new trial; accused must at once object. 79 C. 477. Remark by state's attorney in arguing question of evidence while putting in his own case, held not within rule. 83 C. 455. In absence of request, court need not charge as to rule. 90 C. 132. Attacking credit of accused where he does testify. 67 C. 290; 76 C. 94; 87 C. 22; 88 C. 150; 89 C. 417. Effect of testimony by one of two jointly indicted. 82 C. 59. Proper course for accused to take to insure his rights under this rule. 96 C. 291. For charge under this rule, see 108 C. 463; but see 127 C. 592; does not prevent inference being drawn from failure to testify; but such failure must not be commented upon. 108 C. 463. Cited. 109 C. 134; id., 497. For violence received from husband before marriage wife may refuse to testify against him. 113 C. 291. Court may comment to jury on failure of accused to testify. 119 C. 35; 127 C. 591. But see 154 C. infra. Reference by state's attorney to fact defendant's attorney offered no testimony to refute state's witnesses, not a violation of this section. 130 C. 549. Court may take into consideration failure of an accused to testify only if state has made out a prima facie case against him. 139 C. 124. Does not preclude cross-examination of the accused as to inconsistent statements made to spouse. 145 C. 60. It is violation of fifth and fourteenth amendments for court to comment on failure of defendant in a criminal trial to testify. 154 C. 41, 42. Interpretation before Griffin v. California, 380 U.S. 609. Id. Cited. 171 C. 12, 16; Id., 586, 598. Section gives witness' spouse option of testifying against accused spouse. 172 C. 37, 43. Cited. Id., 74, 83, 86. Cited. 179 C. 327, 328. Cited. 197 C. 369, 392. Cited. 201 C. 462, 477. Cited. 206 C. 621, 624. Cited. 223 C. 52, 66. Cited. 229 C. 516, 517. Cited. 233 C. 813, 850, 851. Prosecutorial comments on defendant's exercise of right not to testify discussed. 243 C. 324. State's attorney's comment in closing argument that "I gave you everything I had" not seen as comment on defendant's failure to testify. 244 C. 547.

      Cited. 9 CA 169, 171; judgment reversed, see 205 C. 370, 385. Cited. 13 CA 386, 391. Cited. 16 CA 264, 268. Cited. 22 CA 321, 325. Cited. 24 CA 642, 650. Cited. 27 CA 601, 606. Cited. 28 CA 369, 378. Cited. 33 CA 126. Cited. 34 CA 250. Use of term "unfair" in lieu of term "unfavorable" inference discussed. 36 CA 41. Cited. 39 CA 96, 99. Legislature could not have intended that instructions to venire panel would comply with dictates of this section to give instructions to jury. 60 CA 301. Although the recorded out-of-court statement of defendant was not equivalent of in-court testimony where defendant puts his credibility in issue, prosecutor's admonition to jury to consider defendant's interest in the outcome of the case when evaluating defendant's statement was not a forbidden indirect comment on defendant's decision not to testify. 78 CA 535. Defendant's right to a no adverse inference instruction was violated by court's postcharge, supplemental instruction that materially and substantially misstated the nature of defendant's privilege not to testify. 83 CA 811.

      Where state's case rested entirely on defendant's testimony, held it was error not to inform defendant of his privilege against self-incrimination. 24 CS 353. Defendant does not have option to refuse to testify in civil proceeding for homicide by automobile on ground that he may be subject to criminal prosecution for some facts. 28 CS 59. Cited. 33 CS 505; Id., 700.

      Defendant's failure to bring timely objection re comments on his refusal to testify results in waiver of right. 2 Conn. Cir. Ct. 68. Charge to jury that, if they concluded there was such a strong probability of defendant's guilt that denial or explanation by him was reasonably called for, then they would be entitled to consider his failure to testify, held in violation of due process and constituted reversible error. 3 Conn. Cir. Ct. 463, 464. Any comment by presiding judge or counsel forbidden. 4 Conn. Cir. Ct. 520, 522, 523. Court's refusal to charge jury that no inference of guilt could be drawn or sinister meaning attached to defendant's failure to testify, proper. Id. Cited. 5 Conn. Cir. Ct. 181. Defendants who took stand for limited purpose of testifying new counsel represented them entitled to assistance of counsel when questioning of them broadened out to other matters. Id., 242.

      Subsec. (a):

      Cited. 206 C. 300, 308. Cited. 213 C. 422, 423, 439, 440. Cited. 222 C. 469, 474.

      Cited. 7 CA 292, 294. Cited. 26 CA 674, 695. Cited. 27 CA 643, 652.

      Subsec. (b):

      Even though defense counsel did not object to the court's failure to give the "no unfavorable inference" instruction, the judgment was set. 182 C. 330-334. Cited. Id., 403, 409. Failure to follow mandate of statute is reversible error despite failure to make a timely request or objection. Id., 580, 581. Cited. 183 C. 444-448. Cited. 188 C. 681, 683, 685. Cited. 190 C. 1, 3, 6. Use of "unreasonable" instead of "unfavorable" in jury instruction constituted harmful error. 194 C. 594, 596-600. Cited. 195 C. 421, 441. Cited. Id., 444, 450. Cited. 197 C. 574, 575, 582-586. Cited. Id., 588, 594, 595. Cited. 198 C. 77, 88. Cited. 199 C. 322, 324, 325. Cited. 201 C. 659, 662, 663. Cited. 206 C. 621, 624-626. Cited. 209 C. 636, 650, 651. Cited. 210 C. 751, 762. Cited. 227 C. 910, 911. Harmless error analysis applied to erroneous instruction under the statute; judgment of appellate court, State v. Yurch, 31 CA 688, 690, reversed. 229 C. 516, 517, 520-524. In context of entire jury charge re defendant's decision not to testify, reference to defendant's "failure to testify" was neither negative in substance nor improper; phrase "unless the defendant requests otherwise" does not obligate court to use defendant's requested language. 255 C. 581.

      Cited. 5 CA 79, 85. Cited. 6 CA 124, 137. Cited. 7 CA 477, 482. Cited. 9 CA 169, 171; judgment reversed, see 205 C. 370, 385. Cited. 10 CA 302, 305, 306, 308, 309, 311-313, 315, 316. Cited. 11 CA 425, 433. Cited. 15 CA 342, 351. Cited. Id., 749, 750. Cited. 16 CA 264, 266, 268-270. Cited. 17 CA 490, 492-495. Cited. 19 CA 48, 52, 54-57. Cited. Id., 618, 622-625. Cited. 20 CA 721, 724. Cited. 21 CA 162, 164, 169. Cited. 22 CA 321, 323, 325-328. Cited. 23 CA 28, 29, 41- 43. Cited. Id., 151, 152, 157. Cited. 27 CA 601, 609. Cited. 28 CA 290, 296-298. Cited. 31 CA 688, 689; judgment reversed, see 229 C. 516 et seq. Total omission of "no adverse interference" instruction is plain error that is not subject to harmless error analysis. 33 CA 126-128, 130. Cited. 34 CA 153, 162. Trial court's charge did not comply with requirements of statute because of improper reference to loss of defendant's presumption of innocence. Id., 250, 255-259. Cited. 36 CA 41-46. Cited. 37 CA 672, 686. Cited. 39 CA 96, 99, 101. Court will not infer a waiver of the mandatory instruction from defendant's silence. 59 CA 426. Where counsel had requested omission of instruction under this section in the jury charge, it was not error for court to fail to inquire expressly of defendant if he also wanted the court to omit the instruction. 64 CA 340.

      Cited. 36 CS 583-586.

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      Sec. 54-84a. Privilege of spouse. If any person on trial for crime has a husband or wife, he or she shall be a competent witness but may elect or refuse to testify for or against the accused, except that either spouse who has received personal violence from the other or is the spouse of one who is charged with violation of any of sections 53-20, 53-21, 53-23, 53-304, 53a-70, 53a-70a, 53a-71 and 53a-83 to 53a-88, inclusive, may, upon his or her trial for offenses arising out of such personal violence or from violation of the provisions of any of said sections, be compelled to testify in the same manner as any other witness.

      (P.A. 80-313, S. 45.)

      Note: This section was formerly part of Sec. 54-84. See Sec. 54-84 History re P.A. 80-313.

      History: (Revisor's note: In 1993 obsolete reference to repealed Sec. 53-25 was deleted editorially by the Revisors).

      Cited. 199 C. 631, 648. Cited. 211 C. 555, 561. Section codifies adverse spousal testimony privilege, as distinguished from marital communications privilege, and the privilege belongs to the witness spouse and is meant to protect against impact of the testimony on the marriage. 267 C. 710.

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      Sec. 54-85. Witness to testify with regard to bribery at elections. A person summoned as a witness to testify regarding bribery at any election shall not be excused from testifying because his evidence may tend to disgrace or criminate him, nor shall he thereafter be prosecuted for anything connected with the transaction about which he so testifies, nor shall the evidence he may so give be used against him in any proceeding.

      (1949 Rev., S. 8801; P.A. 80-313, S. 46.)

      History: P.A. 80-313 restated provisions but made no substantive changes.

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      Sec. 54-85a. Sequestering of witnesses in criminal prosecution. In any criminal prosecution, the court, upon motion of the state or the defendant, shall cause any witness to be sequestered during the hearing on any issue or motion or any part of the trial of such prosecution in which he is not testifying.

      (1967, P.A. 498.)

      Sequestration order merely prohibits sequestered witness from being present in courtroom when he is not testifying. 169 C. 322, 331. Cited. Id., 428, 438. Cited. 185 C. 211, 230. Cited. 187 C. 6, 27. Cited. 199 C. 62, 67. Cited. 211 C. 672, 680, 681. Cited. 230 C. 591, 592, 598, 600. Cited. 235 C. 711, 716. Cited. 236 C. 112, 121, 123. Cited. 237 C. 284, 306.

      Cited. 11 CA 80, 84. Cited. 13 CA 687, 693. Cited. 16 CA 172, 174, 181, 182. Cited. 20 CA 342, 345, 346. Cited. 21 CA 474, 485. Cited. 32 CA 448, 457. Cited. 33 CA 339, 347; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. 34 CA 276, 290. Cited. 38 CA 371, 412. Scope of suppression order was not limited only to the suppression hearing and defendant did not establish that he had been prejudiced by police officers' discussion of their testimony with each other in the time between the hearing and the trial. 74 CA 802.

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      Sec. 54-85b. Employment protection for witnesses and victims of crime. Penalty. Action for damages and reinstatement. (a) An employer shall not deprive an employee of employment, penalize or threaten or otherwise coerce an employee with respect thereto, because (1) the employee obeys a legal subpoena to appear before any court of this state as a witness in any criminal proceeding, (2) the employee attends a court proceeding or participates in a police investigation related to a criminal case in which the employee is a crime victim, (3) a restraining order has been issued on the employee's behalf pursuant to section 46b-15, or (4) a protective order has been issued on the employee's behalf by a court of this state or by a court of another state, provided if issued by a court of another state, the protective order shall be registered in this state pursuant to section 46b-15a. For purposes of this section, "crime victim" means an employee who suffers direct or threatened physical, emotional or financial harm as a result of a crime or an employee who is an immediate family member or guardian of (A) a person who suffers such harm and is a minor, physically disabled, as defined in section 46a-51, or incompetent, or (B) a homicide victim.

      (b) Any employer who violates subdivision (1) of subsection (a) of this section shall be guilty of criminal contempt and shall be fined not more than five hundred dollars or imprisoned not more than thirty days or both.

      (c) If an employer discharges, penalizes or threatens or otherwise coerces an employee in violation of subsection (a) of this section, the employee, not later than ninety days from the occurrence of such action, may bring a civil action for damages and for an order requiring the employee's reinstatement or otherwise rescinding such action. If the employee prevails, the employee shall be allowed a reasonable attorney's fee to be fixed by the court.

      (P.A. 81-186; P.A. 02-136, S. 1.)

      History: P.A. 02-136 amended Subsec. (a) by designating existing language as Subdiv. (1) and adding new Subdivs. (2) to (4) prohibiting employers from firing, penalizing or threatening employees who are crime victims because of their attendance at court proceedings, participation in police investigations or securement of a restraining or protective order, amended Subsec. (b) by adding reference to Subsec. (a)(1), and made technical changes in Subsec. (c).

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      Sec. 54-85c. Representative of homicide victim entitled to be present at trial of defendant. Exclusion. Hearing. (a) For the purposes of this section, "representative of a homicide victim" means the legal representative of a victim of a homicide or a member of such victim's immediate family selected by such family. In the event of a dispute, the court in its discretion may designate such representative.

      (b) A representative of a homicide victim shall be entitled to be present at the trial or any proceeding concerning the prosecution of the defendant for the homicide, except that a judge may remove such representative from the trial or proceeding or any portion thereof for the same causes and in the same manner as the rules of court or provisions of the general statutes provide for the exclusion or removal of the defendant. No representative of a homicide victim may be excluded from the proceedings under this section without a hearing.

      (c) The failure of a representative of a homicide victim to exercise any right granted by the provisions of this section shall not be cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse or remand a criminal conviction.

      (P.A. 88-278, S. 1.)

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      Sec. 54-85d. Employer not to discharge employee who attends court as family member of or person designated by homicide victim. An employer shall not deprive an employee of employment, or threaten or otherwise coerce such employee with respect thereto, because the employee, as a parent, spouse, child or sibling of a victim of homicide, or as a person designated by the victim in accordance with section 1-56r, attends court proceedings with respect to the criminal case of the person or persons charged with committing the crime that resulted in the death of the victim.

      (P.A. 99-247, S. 2; P.A. 02-105, S. 12.)

      History: P.A. 02-105 added a person designated by a victim pursuant to Sec. 1-56r to employees protected in attending court proceedings.

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      Sec. 54-85e. Photograph of deceased victim shown to jury during opening and closing arguments. A photograph not to exceed eight inches by ten inches solely of a deceased victim prior to the date of the offense for which the defendant is being tried, that is a fair and accurate representation of the victim and is not of itself inflammatory in nature, may be shown to the jury during the opening and closing arguments by the prosecutor.

      (P.A. 00-200, S. 4.)

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      Sec. 54-85f. Victim of violent crime or representative of deceased victim permitted to attend court proceedings. Any victim of a violent crime or the legal representative or member of the immediate family of a victim who is deceased shall be permitted to attend all court proceedings that are part of the court record.

      (P.A. 00-200, S. 7.)

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      Sec. 54-85g. Advisement to crime victims re constitutional rights by judge at arraignment. In order to ensure that any victim coming before the court has been advised of the victim's constitutional rights, any judge of the Superior Court shall, at the daily commencement of the regular criminal docket at which accused persons are arraigned, issue the following advisement: "If you are a victim of a crime with a case pending before this court, you are advised that you have the right: (1) To be treated fairly and with respect throughout the criminal justice process; (2) to timely disposition of the case; (3) to be protected from the accused; (4) to be notified of and attend court proceedings; (5) to speak with the prosecutor; (6) to object or support any plea agreement; (7) to make a statement to the court before the court accepts a plea agreement and at sentencing; (8) to restitution; and (9) to information about the arrest, conviction, sentence, imprisonment and release of the accused".

      (P.A. 01-35.)

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      Sec. 54-86. Depositions. (a) In any case involving an offense for which the punishment may be imprisonment for more than one year, the Superior Court or a judge thereof may, upon the application of the accused, order that the deposition of a witness shall be taken before a commissioner or magistrate, to be designated by the court or judge, if it appears that his testimony will be required at trial and that, by reason of bodily infirmity or residence out of this state, he will be unable to testify at trial.

      (b) Reasonable notice of the time when and place where the examination will be had and of the interrogatories to be propounded shall be given to the state's attorney or assistant state's attorney for the judicial district in which the prosecution is pending; and such attorney may, within such time as the court or judge limits, file with the clerk of the court additional interrogatories to be propounded to the witness to be examined.

      (c) Depositions so taken, opened by and filed with the clerk within such time as the court or judge directs, may be used at trial.

      (1949 Rev., S. 8802; 1963, P.A. 642, S. 71; P.A. 73-116, S. 27; 73-667, S. 1, 2; P.A. 74-48; P.A. 75-567, S. 34, 80; P.A. 76-436, S. 476, 681; P.A. 78-280, S. 1, 127; P.A. 80-313, S. 34.)

      History: 1963 act updated statute, deleting provisions for court of common pleas and prosecuting attorney; P.A. 73-116 added reference to judicial districts; P.A. 73-667 changed effective date of P.A. 73-667 from October 1, 1973, to December 31, 1973; P.A. 74-48 amended section to include depositions in circuit court cases involving Class D felonies, adding reference to prosecuting attorneys and circuits; P.A. 75-567 deleted changes enacted by P.A. 74-48, except for reference to prosecuting attorneys, reflecting reorganization of judicial system in P.A. 74-183; P.A. 76-436 applied provisions to cases where punishment may be imprisonment for more than one year and substituted assistant state's attorneys for prosecuting attorneys, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 80-313 divided section into Subsecs. and restated provisions.

      State cannot take deposition. 90 C. 381. Comment of state's attorney on accused's use of depositions held improper to extent of requiring new trial. 96 C. 165. Proper course of accused to protect his rights under this statute. Id., 166, 168. Cited. 229 C. 716, 752.

      Cited. 19 CA 594, 604. Cited. 29 CA 642, 645. Cited. 36 CA 250, 255. Cited. 42 CA 186; judgment reversed, see 241 C. 823 et seq.

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      Sec. 54-86a. Certain evidence to be made available to defendant. (a) Upon motion of a defendant at any time after the filing of the indictment or information, and upon a showing that the items sought may be material to the preparation of his defense and that the request is reasonable, the court shall order the attorney for the state to permit the defendant to inspect and copy or photograph any relevant (1) written or recorded statements, admissions or confessions made by the defendant; (2) books, papers, documents or tangible objects obtained from or belonging to the defendant or obtained from others by seizure or process; (3) copies of records of any physical or mental examinations of the defendant; and (4) records of prior convictions of the defendant, or copies thereof, within the possession, custody or control of the state, the existence of which is known to the attorney for the state or to the defendant.

      (b) An order of the court granting relief under subsection (a) of this section shall specify the time, place and manner of making the discovery and inspection permitted and may prescribe such terms and conditions as are just.

      (c) A motion under subsection (a) of this section may be made only in a criminal case and shall include all relief sought under subsection (a) of this section. A subsequent motion may be made only upon a showing of cause why such motion would be in the interest of justice.

      (d) Prior to the arraignment of any arrested person before the court to determine the existence of probable cause to believe such person committed the offense charged or to determine the conditions of such person's release pursuant to section 54-64a, the attorney for the state shall provide the arrested person or his counsel with a copy of any affidavit or report submitted to the court for the purpose of making such determination; except that the court may, upon motion of the attorney for the state and for good cause shown, limit the disclosure of any such affidavit or report, or portion thereof.

      (1967, P.A. 706, S. 1, 2, 3; P.A. 78-289, S. 2; 78-290, S. 2; P.A. 91-242.)

      History: P.A. 78-289 amended Subsec. (a) to delete provision allowing inspection, copying etc. of defendant's recorded testimony before a grand jury; P.A. 78-290 deleted provision in Subsec. (a) which had allowed inspection, copying etc. of exculpatory information or material; P.A. 91-242 added Subsec. (d) requiring the attorney for the state to provide the arrested person or his counsel with a copy of any affidavit or report submitted to the court for the purpose of determining probable cause or the conditions of release.

      Cited. 158 C. 275; 159 C. 389. Cited. 166 C. 593. Examination in camera used to determine compliance. Id. Cited. 187 C. 292, 311. Cited. 190 C. 20, 22. Cited. 200 C. 323, 337. Cited. 229 C. 716, 752.

      Cited. 34 CA 58, 77; judgment reversed, see 232 C. 537 et seq.

      Section does not specifically require disclosure of name and address of the informant in trial of defendant charged with sale of marijuana. 28 CS 331. Cited. 33 CS 599. Cited. 42 CS 291, 298.

      Motion for further bill of particulars after plea of not guilty denied as untimely; preliminary motions in criminal case should be filed prior to plea unless grounds are not then known. 5 Conn. Cir. Ct. 269. Unless prosecutor is under some constitutional obligation, he need not allow defense complete and unqualified access to state's files. 6 Conn. Cir. Ct. 437.

      Subsec. (a):

      Subdivision (1): Indiscriminate, wholesale, and blanket demands for "exculpatory" material under motion of discovery is not permissible. Must be shown that evidence would have tendency to clear defendant. 29 CS 86.

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      Sec. 54-86b. Right of accused to examine statements. (a) In any criminal prosecution, after a witness called by the prosecution has testified on direct examination, the court shall on motion of the defendant order the prosecution to produce any statement oral or written of the witness in the possession of the prosecution which relates to the subject matter as to which the witness has testified, and the court shall order said statement to be delivered directly to the defendant for his examination and use.

      (b) If the prosecution fails to comply with the order of the court, the court shall strike from the record the testimony of the witness and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

      (1969, P.A. 680.)

      Cited. 166 C. 593. Held unconstitutional, but assuming constitutional, procedure found to comply. Id. Cited. 200 C. 323, 337. Cited. 202 C. 259, 265. Cited. 211 C. 555, 559. Destruction of tapes discussed. 214 C. 161, 164, 166-172. Cited. 215 C. 257, 263-265, 267, 269. Cited. 221 C. 300, 303. Cited. 223 C. 731, 734, 737, 738. Cited. 227 C. 641, 645. Cited. 229 C. 716, 752. Cited. 231 C. 195, 203.

      Cited 14 CA 108, 112, 113, 117. Destruction of tapes held to be in bad faith; burden on state to show defendant not prejudiced. 14 CA 108, 111-113, 115. Cited. 20 CA 586, 589-591. Cited. 25 CA 255, 258. Cited. Id., 503, 508, 509, 513. Cited. 29 CA 68, 72; judgment reversed, see 227 C. 566 et seq. Cited. Id., 304, 305, 309, 313. Cited. Id., 455, 456, 459, 463. Cited. 32 CA 483, 487, 491. Cited. 46 CA 118. Cited. Id., 545.

      Cited. 42 CS 10, 12, 17. Cited. Id., 291, 293, 298.

      Subsec. (a):

      Cited. 159 C. 264.

      Cited. 10 CA 103, 108.

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      Sec. 54-86c. Disclosure of exculpatory information or material. (a) Not later than thirty days after any defendant enters a plea of not guilty in a criminal case, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall disclose any exculpatory information or material which he may have with respect to the defendant whether or not a request has been made therefor. If prior to or during the trial of the case, the prosecutorial official discovers additional information or material which is exculpatory, he shall promptly disclose the information or material to the defendant.

      (b) Any state's attorney, assistant state's attorney or deputy assistant state's attorney may request an ex parte in camera hearing before a judge, who shall not be the same judge who presides at the hearing of the criminal case if the case is tried to the court, to determine whether any material or information is exculpatory.

      (c) Each peace officer, as defined in subdivision (9) of section 53a-3, shall disclose in writing any exculpatory information or material which he may have with respect to any criminal investigation to the prosecutorial official in charge of such case.

      (P.A. 78-290, S. 1; P.A. 80-313, S. 33.)

      History: P.A. 80-313 replaced "such" with "the" where appearing.

      Cited. 184 C. 258, 276, 280. Cited. 189 C. 183, 194. Cited. 191 C. 12, 15. Cited. 194 C. 258, 264. Cited. 197 C. 17, 19. Cited. Id., 298, 304. Cited. 199 C. 207, 226. Cited. Id., 399, 408. Cited. 201 C. 517, 528. Cited. 212 C. 387, 395. Cited. 221 C. 264, 293. Cited. 229 C. 716, 752.

      Cited. 14 CA 586, 600. Cited. 17 CA 525, 527. Cited. 22 CA 329, 336. Cited. 24 CA 57, 62, 64. Cited. Id., 195, 208. Cited. 34 CA 58, 77; judgment reversed, see 232 C. 537 et seq. Cited. 36 CA 417, 420. Cited. 38 CA 777, 797-799.

      Cited. 36 CS 89, 90. Cited. 42 CS 291, 298.

      Subsec. (a):

      Cited. 198 C. 285, 296. Cited. 209 C. 143, 151.

      Cited. 38 CA 777, 797.

      Subsec. (b):

      Cited. 206 C. 512, 538, 540.

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      Sec. 54-86d. Disclosure of address and telephone number by victim of sexual assault not required. Any person who has been the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, shall not be required to divulge his or her address or telephone number during any trial or pretrial evidentiary hearing arising from the sexual assault or injury or risk of injury to, or impairing of morals of, children; provided the judge presiding over such legal proceeding shall find: (1) Such information is not material to the proceeding, (2) the identity of the victim has been satisfactorily established, and (3) the current address of the victim will be made available to the defense in the same manner and time as such information is made available to the defense for other criminal offenses.

      (P.A. 81-448, S. 1; P.A. 82-472, S. 145, 183; P.A. 93-340, S. 9, 19.)

      History: P.A. 82-472 made technical corrections; P.A. 93-340 amended Subdiv. (3) to require the judge to find that the current address of the victim "will be made available to the defense in the same manner and time as such information is made available to the defense for other criminal offenses" rather than "is made available to the defense", effective July 1, 1993.

      Cited. 8 CA 387, 388. Cited. 20 CA 115, 127, 128.

      Cited. 42 CS 291, 298, 299.

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      Sec. 54-86e. Confidentiality of identifying information pertaining to victim of sexual assault. Availability of information to accused. Protective order information to be entered in registry. The name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, and such other identifying information pertaining to such victim as determined by the court, shall be confidential and shall be disclosed only upon order of the Superior Court, except that (1) such information shall be available to the accused in the same manner and time as such information is available to persons accused of other criminal offenses, and (2) if a protective order is issued in a prosecution under any of said sections, the name and address of the victim, in addition to the information contained in and concerning the issuance of such order, shall be entered in the registry of protective orders pursuant to section 51-5c.

      (P.A. 81-448, S. 3; P.A. 93-340, S. 10, 19; May 25 Sp. Sess. P.A. 94-1, S. 42, 130; P.A. 02-132, S. 59; P.A. 03-202, S. 15.)

      History: P.A. 93-340 required name and address of victim to be available to the accused "in the same manner and time as such information is available to those accused of other criminal offenses", effective July 1, 1993; May 25 Sp. Sess. P.A. 94-1 made technical change, effective July 1, 1994; P.A. 02-132 designated exception re availability of information to accused as Subdiv. (1), added Subdiv. (2) re entry of information into registry of protective orders pursuant to Sec. 51-5c and made a technical change, effective January 1, 2003; P.A. 03-202 added provision re other identifying information pertaining to the victim as determined by the court.

      Cited. 230 C. 43, 47. Cited. 233 C. 403, 410. Cited. 235 C. 145, 147.

      Cited. 8 CA 387, 389. Cited. 20 CA 115, 127, 128. Cited. 26 CA 81. Cited. 37 CA 534, 536. Cited. 39 CA 742, 744. Cited. 46 CA 810. Statutory protection against disclosure of identities of sexual assault victims not limited to prosecutions for sexual assault and may be applied to protect victim's identity in a related witness tampering trial. 84 CA 48.

      Cited. 42 CS 291, 299.

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      Sec. 54-86f. Admissibility of evidence of sexual conduct. In any prosecution for sexual assault under sections 53a-70, 53a-70a, and 53a-71 to 53a-73a, inclusive, no evidence of the sexual conduct of the victim may be admissible unless such evidence is (1) offered by the defendant on the issue of whether the defendant was, with respect to the victim, the source of semen, disease, pregnancy or injury, or (2) offered by the defendant on the issue of credibility of the victim, provided the victim has testified on direct examination as to his or her sexual conduct, or (3) any evidence of sexual conduct with the defendant offered by the defendant on the issue of consent by the victim, when consent is raised as a defense by the defendant, or (4) otherwise so relevant and material to a critical issue in the case that excluding it would violate the defendant's constitutional rights. Such evidence shall be admissible only after a hearing on a motion to offer such evidence containing an offer of proof. On motion of either party the court may order such hearing held in camera, subject to the provisions of section 51-164x. If the proceeding is a trial with a jury, such hearing shall be held in the absence of the jury. If, after hearing, the court finds that the evidence meets the requirements of this section and that the probative value of the evidence outweighs its prejudicial effect on the victim, the court may grant the motion. The testimony of the defendant during a hearing on a motion to offer evidence under this section may not be used against the defendant during the trial if such motion is denied, except that such testimony may be admissible to impeach the credibility of the defendant if the defendant elects to testify as part of the defense.

      (P.A. 82-230; P.A. 83-113; P.A. 85-347.)

      History: P.A. 83-113 added (1) requirement that motion to offer evidence of prior sexual conduct contain an offer of proof and (2) provision testimony of defendant may be admissible to impeach credibility if defendant elects to testify; P.A. 85-347 deleted "prior" before "sexual conduct" and added "any" before "evidence".

      Cited. 195 C. 253, 259. Cited. 197 C. 280, 285, 286. Cited. 199 C. 193, 201, 204, 206. Cited. Id., 481, 484 et seq. Cited. 207 C. 403, 404. Cited. 208 C. 365, 369, 370, 376. Cited. 209 C. 143, 146, 156, 160. Cited. 220 C. 345, 350, 351, 353- 355, 357, 360, 361. Cited. 228 C. 456, 463, 464. Cited. 230 C. 43, 50-55. Defendant failed to make an adequate preliminary showing of relevancy in order to justify cross examination of plaintiff's father about plaintiff's statement concerning a prior sexual assault investigation. 244 C. 640. Court sets forth standard applicable to child sexual abuse cases re determining whether prior sexual conduct should be admissible at trial for purposes of showing an alternative source for victim's sexual knowledge. Standard also applicable for determining admissibility of evidence of prior sexual conduct for purposes of rebutting evidence offered by expert witness to show that a child exhibits behavior indicative of sexual abuse, by showing an alternative explanation for that behavior. 257 C. 156. Evidence of victim's prior history of prostitution admissible to establish consent to sexual relations or motive to provide false testimony but not to establish general unchaste character. 270 C. 826.

      Cited. 3 CA 374, 378-380, 385. Cited. 8 CA 44, 45, 48. Cited. Id., 190, 192, 195, 196. Cited. 11 CA 673, 682. Cited. 14 CA 451, 452, 455. Cited. Id., 688, 689, 695, 699. Rape victim's shield law also cited. Id. Cited. 20 CA 263, 268. Cited. 21 CA 411, 412, 417. Cited. 23 CA 221-223, 225. Cited. 29 CA 409, 410. Cited. Id., 642, 644. Cited. 30 CA 56, 57. Cited. 34 CA 473, 475, 478-480. Cited. 35 CA 173, 174, 176. Cited. 38 CA 100-102, 106-110, 112-114. Cited. 42 CA 445. Cited. 43 CA 667. Cited. Id., 680. Cited. Id., 715. Cited. 45 CA 116. Defendant's rights under statute were impermissibly impaired when trial court excluded evidence of victim's consensual sexual relations with the lead detective investigating her claim of sexual assault; such evidence was relevant to the substantive issue of consent raised by defendant and was offered for sole purpose of determining victim's credibility and the inconsistency of her behavior following an alleged traumatic sexual assault. 57 CA 32. Court did not improperly exclude evidence of semen from third party on victim's clothing. 68 CA 470. Legislative intent of rape shield statute discussed. Legislature also provided for exceptions in rare instances. Defendant entitled to proffer direct testimony re physical evidence tending to show misidentification. Subdiv. (1) does not specify that such evidence offered by defendant may be rebuttal evidence only. 85 CA 96.

      Subdiv. (1):

      Cited. 220 C. 345, 354. Cited. 228 C. 456, 457, 463. Cited. 230 C. 43, 55.

      Subdiv. (2):

      Cited. 11 CA 673, 683. Cited. 14 CA 451, 452, 455, 456. Cited. 21 CA 411, 412, 415. Cited. 34 CA 473, 479, 480. Cited. 38 CA 100, 108. Cited. 43 CA 715. "Subdivision (2) of rape shield law" cited. Id.

      Subdiv. (3):

      Cited. 228 C. 456, 470-472.

      Cited. 8 CA 190, 192, 194, 196. Cited. 30 CA 56, 58.

      Subdiv. (4):

      Cited. 220 C. 345, 357. Cited. 228 C. 456, 457, 464, 468, 469, 471-473. Cited. 230 C. 43, 51, 54.

      Cited. 3 CA 374, 380, 383, 385. Cited. 8 CA 44, 45, 47, 49. Cited. Id., 190, 192. Cited. 11 CA 673, 675, 681. Cited. 14 CA 451, 452, 455. Cited. 21 CA 411, 412, 415, 417, 418, 420. Cited. 23 CA 225, 226. Cited. 29 CA 642, 645, 649. Cited. 30 CA 56, 58, 59. Cited. 34 CA 473, 479, 481. Cited. 38 CA 100, 108. Cited. 43 CA 715. "Subdivision (4) of statute" cited. Id. Cited. 45 CA 116.

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      Sec. 54-86g. Testimony of victim of child abuse. Court may order testimony taken outside courtroom. Procedure. (a) In any criminal prosecution of an offense involving assault, sexual assault or abuse of a child twelve years of age or younger, the court may, upon motion of the attorney for any party, order that the testimony of the child be taken in a room other than the courtroom in the presence and under the supervision of the trial judge hearing the matter and be televised by closed circuit equipment in the courtroom or recorded for later showing before the court. Only the judge, the defendant, the attorneys for the defendant and for the state, persons necessary to operate the equipment and any person who would contribute to the welfare and well-being of the child may be present in the room with the child during his testimony, except that the court may order the defendant excluded from the room or screened from the sight and hearing of the child only if the state proves, by clear and convincing evidence, that the child would be so intimidated, or otherwise inhibited, by the physical presence of the defendant that a compelling need exists to take the testimony of the child outside the physical presence of the defendant in order to insure the reliability of such testimony. If the defendant is excluded from the room or screened from the sight and hearing of the child, the court shall ensure that the defendant is able to observe and hear the testimony of the child, but that the child cannot see or hear the defendant. The defendant shall be able to consult privately with his attorney at all times during the taking of the testimony. The attorneys and the judge may question the child. If the court orders the testimony of a child to be taken under this subsection, the child shall not be required to testify in court at the proceeding for which the testimony was taken.

      (b) In any criminal prosecution of an offense involving assault, sexual assault or abuse of a child twelve years of age or younger, the court may, upon motion of the attorney for any party, order that the following procedures be used when the testimony of the child is taken: (1) Persons shall be prohibited from entering and leaving the courtroom during the child's testimony; (2) an adult who is known to the child and with whom the child feels comfortable shall be permitted to sit in close proximity to the child during the child's testimony, provided such person shall not obscure the child from the view of the defendant or the trier of fact; (3) the use of anatomically correct dolls by the child shall be permitted; and (4) the attorneys for the defendant and for the state shall question the child while seated at a table positioned in front of the child, shall remain seated while posing objections and shall ask questions and pose objections in a manner which is not intimidating to the child.

      (P.A. 85-587, S. 1; P.A. 89-177, S. 1; P.A. 90-230, S. 94, 101.)

      History: P.A. 89-177 amended Subsec. (a) to permit the defendant to be present in the room during the child's testimony, to provide that the court may exclude the defendant from the room or screen him from the sight and hearing of the child only if the state proves by clear and convincing evidence that a compelling need exists to take the testimony of the child outside the physical presence of the defendant, to provide that the requirement that the defendant be able to observe and hear the child and that the child not be able to see or hear the defendant applies "if the defendant is excluded from the room or screened from the sight and hearing of the child", and to replace provision that the defendant "may consult with his attorney" with "shall be able to consult privately with his attorney at all times during the taking of the testimony", incorporated Subsec. (b) into Subsec. (a), and added a new Subsec. (b) authorizing the court to order that certain procedures be used when a child testifies in any criminal prosecution of an offense involving an assault, sexual assault or abuse of a child twelve years of age or younger and requiring the question of the competency of the child as a witness to be resolved prior to the time of the trial; P.A. 90-230 made technical change to Subsec. (b).

      Not effective at time action initiated; videotaping procedure essentially followed by trial court discussed in connection with federal and state constitutional confrontation clauses. 204 C. 683, 686. Cited. 210 C. 51, 63. Cited. Id., 244, 247-252, 255, 257. Cited. Id., 359, 361, 362, 364-368. Cited. 211 C. 185, 188. Judgment of appellate court in State v. Marquis, 36 CA 803, 804 reversed and case remanded to appellate court for consideration of trial court's denial of state's motion to videotape pursuant to this section. 235 C. 659, 660. In State v. Marquis, 36 CA 803, 233 C. 902, 42 CA 186 239 C. 934, judgment of appellate court reversed; trial court properly exercised its discretion to deny motion on videotaped testimony. 241 C. 823. It is insufficient, without further inquiry, to determine that because victim cried on the witness stand, victim is not reliable as a witness. 258 C. 42.

      Cited. 14 CA 333, 340. Cited. 19 CA 445, 447, 448. Cited. 24 CA 146, 150. Cited. 36 CA 803; judgment reversed, see 235 C. 659 et seq.; see also 241 C. 823 et seq. Defendant not entitled to have a defense expert conduct a psychological or psychiatric examination of an alleged child victim as prerequisite to trial court's granting of motion filed pursuant to this section. 42 CA 186; judgment reversed, see 241 C. 823 et seq. Cited. 39 CA 702, 704-706. In this case, trial court properly permitted the state to videotape testimony of child victim outside the presence of the defendant. 51 CA 753. Hearing re videotaping of remainder of the child's testimony outside the presence of defendant re her sexual assault pursuant to State v. Jarzbek, 204 C. 683, need not be conducted prior to trial or before testimony begins. 55 CA 717. Plain language of statute permits testimony via videotape of victim who is twelve years of age or younger at time of offense; victim's age at time of videotaping is not controlling under statute. 70 CA 171.

      Subsec. (a):

      Cited. 241 C. 823.

      Cited. 36 CA 803, 804; judgment reversed, see 235 C. 659 et seq.; see also 241 C. 823 et seq. Cited. 39 CA 702, 704. Cited. 42 CA 186; judgment reversed, see 241 C. 823 et seq. Trial court's finding of compelling need for videotaped testimony upheld. 47 CA 199.

      Subsec. (b):

      Cited. 26 CA 674, 686, 688.

      Subsec. (c):

      Cited. 26 CA 674, 687, 688, 689.

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      Sec. 54-86h. Competency of child as witness. No witness shall be automatically adjudged incompetent to testify because of age and any child who is a victim of assault, sexual assault or abuse shall be competent to testify without prior qualification. The weight to be given the evidence and the credibility of the witness shall be for the determination of the trier of fact.

      (P.A. 85-587, S. 2.)

      Cited. 211 C. 555, 557, 559, 560, 562, 563, 565. Cited. 241 C. 823.

      Cited. 12 CA 585, 589. Cited. 13 CA 368, 376. Cited. 19 CA 36, 39. Cited. 20 CA 737, 748, 749. Cited. 23 CA 509, 517. Cited. 24 CA 146, 150. Cited. 25 CA 21, 26. Cited. 42 CA 186; judgment reversed, see 241 C. 823 et seq.

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      Sec. 54-86i. Testimony of expert witness re mental state or condition of defendant. No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto, except that such expert witness may state his diagnosis of the mental state or condition of the defendant. The ultimate issue as to whether the defendant was criminally responsible for the crime charged is a matter for the trier of fact alone.

      (P.A. 85-605.)

      Cited. 207 C. 35, 40. Cited. 209 C. 423, 426. Cited. 210 C. 481, 485. Cited. 216 C. 139-143, 145, 147-149. Cited. 224 C. 347, 348, 361. Cited. 224 C. 114, 115, 136-138. Cited. 225 C. 450, 451, 479-481. Cited. Id., 650, 656.

      Cited. 17 CA 257, 263. Cited. 26 CA 94, 97. Cited erroneously as Sec. 54-86(i). 28 CA 425, 434. Cited. 32 CA 170, 171, 173, 174, 176, 178. Cited. 34 CA 629, 631-634.

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      Sec. 54-86j. Polygraph examination of victims of sexual assault restricted. (a) No member of any municipal police department, the state police or the Division of Criminal Justice may request or require any victim of a sexual assault under section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a to submit to or take a polygraph examination.

      (b) For the purposes of this section, "polygraph" means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test or question individuals for the purpose of determining truthfulness.

      (P.A. 89-60.)

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      Sec. 54-86k. Admissibility of results of DNA analysis. (a) In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the evidence of a DNA profile comparison may be admitted to prove or disprove the identity of any person. This section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the accused as shall be admissible in evidence.

      (b) If the results of the DNA analysis tend to exculpate the accused, the prosecuting authority shall disclose such exculpatory information or material to the accused in accordance with section 54-86c.

      (c) At least twenty-one days prior to commencement of the proceeding in which the results of a DNA analysis will be offered as evidence, the party intending to offer the evidence shall notify the opposing party, in writing, of the intent to offer the analysis and shall provide or make available copies of the profiles and the report or statement to be introduced. In the event that such notice is not given, and the person proffers such evidence, then the court may in its discretion either allow the opposing party a continuance or, under the appropriate circumstances, bar the person from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under section 54-82c. If the opposing party intends to object to the admissibility of such evidence he shall give written notice of that fact and the basis for his objections at least ten days prior to commencement of the proceedings.

      (d) No blood sample submitted to the Division of Scientific Services within the Department of Public Safety for analysis and use as provided in this section and no results of the analysis performed shall be included in the DNA data bank established by the division pursuant to section 54-102j or otherwise used in any way with identifying information on the person whose sample was submitted.

      (P.A. 94-246, S. 7; P.A. 99-218, S. 9, 16.)

      History: P.A. 99-218 amended Subsec. (d) by replacing the State Police Forensic Science Laboratory with the Division of Scientific Services within the Department of Public Safety, effective July 1, 1999.

      See Secs. 54-102g to 54-102l, inclusive, re DNA analysis procedures.

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      Sec. 54-87. Demurrer. Section 54-87 is repealed.

      (1949 Rev., S. 8803; P.A. 80-313, S. 61.)

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      Sec. 54-88. State to open and close arguments. In any criminal trial, the counsel for the state shall be entitled to open and close the argument.

      (1949 Rev., S. 8804.)

      There is no rigid requirement that prosecutor's final summation must be limited solely to rebuttal of matters raised in defendant's argument. 170 C. 417, 428. Cited. 230 C. 351, 362.

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      Sec. 54-89. Direction of court to jury. The court shall decide all issues of law and all questions of law arising in the trial of criminal cases. In committing the cause to the jury, if in the opinion of the court the evidence is not sufficient to justify the finding of guilt beyond a reasonable doubt, the court may direct the jury to find a verdict of not guilty; otherwise the court shall submit the facts to the jury without directing how to find their verdict.

      (1949 Rev., S. 8806.)

      How far jury judges of the law and of its constitutionality. 40 C. 248; 47 C. 551, 552; 69 C. 127. As much bound by the law as the judge. 47 C. 551, 552. Comments on evidence permissible so long as they do not amount to directions as to verdict. 57 C. 529; 64 C. 329; 103 C. 486; 105 C. 764. Instance of charge in violation of spirit of this statute. 63 C. 47. Proper for judge to state that the statute under which accused was prosecuted was valid, until repealed or pronounced otherwise by higher court. 65 C. 287; 69 C. 127. A judge has complied with provision of this statute when he has given the jury instructions required to enable it to understand the nature of the offense and the questions it is to decide, to weigh the evidence applicable thereto and to intelligently decide thereon. 72 C. 43. Cited. 46 C. 339; 146 C. 327. Instruction permitting jury to determine law is error. 75 C. 218, 234. Court may state opinion on evidence; 64 C. 330; 67 C. 581; 72 C. 40; 78 C. 28; 81 C. 98; 83 C. 160; id., 601; 87 C. 5; id., 285; 98 C. 467; 109 C. 91; thus, may give opinion that newspaper is within statute as to obscene literature; 73 C. 18; may comment on testimony as to good character of accused; 83 C. 597; so as to testimony of an accomplice; 72 C. 321; 75 C. 326; 76 C. 342; 84 C. 152; id., 411. Granting new trial. 65 C. 274; 69 C. 190. Rules same as in civil action. 72 C. 109; 74 C. 638; 79 C. 481. See note to section 52-216. Capital case. 81 C. 22. Prior to 1921 court could not direct verdict of not guilty. 96 C. 639. But otherwise under present law. 99 C. 244; 100 C. 643. How far court may go in charge without violating rule against directing verdict of guilty. 99 C. 244; 103 C. 486; 105 C. 764. Direction of verdict of not guilty in case of one defendant held erroneous. 100 C. 643. Cited. 169 C. 377, 379. Cited. 186 C. 696, 704, 705. Cited. 196 C. 519, 527.

      Cited. 8 CA 631, 640. Cited. 10 CA 697, 698, 701. Cited. 15 CA 704, 712. Cited. 19 CA 576, 581.

      Court may direct verdict of not guilty when reasoning mind could not reasonably reach conclusion other than that the evidence, under the law, is not sufficient to justify finding of guilty beyond reasonable doubt. 4 Conn. Cir. Ct. 192. Court may not direct jury to find verdict of guilty. 5 Conn. Cir. Ct. 222. Cited. 6 Conn. Cir. Ct. 650.

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      Sec. 54-89a. Court to inform jury on consequences of a finding of not guilty by reason of mental disease or defect. If the court instructs the jury on a defense of mental disease or defect raised pursuant to section 53a-13, it shall, unless the defendant affirmatively objects, inform the jury of the consequences for the defendant if he is found not guilty by reason of mental disease or defect and of the confinement and release provisions of sections 17a-580 to 17a-602, inclusive, applicable to a person found not guilty by reason of mental disease or defect.

      (P.A. 81-301, S. 3; P.A. 83-486, S. 6; P.A. 85-506, S. 30, 32.)

      History: P.A. 83-486 replaced provision re court instructing jury "on the absence of criminal responsibility of a defendant on the grounds of mental disease or defect" with instruction "on a defense of mental disease or defect raised pursuant to section 53a-13", and replaced "a finding of guilty but not criminally responsible" with a finding of "not guilty by reason" of mental disease or defect; P.A. 85-506 replaced reference to repealed Sec. 53a-47 with sections 17-257a to 17-257w, inclusive.

      Cited. 208 C. 125, 126, 141-144. Cited. 230 C. 183, 184, 222, 223.

      Cited. 10 CA 50, 51, 54. Construe narrowly to only require court to inform jury of consequences of a successful insanity defense and to allay jurors' fears. 50 CA 312.

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      Secs. 54-90 and 54-90a. Transferred to Chapter 961a, Secs. 54-142a and 54-142b, respectively.

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PART II
SENTENCING AND APPEAL

      Sec. 54-91. When sentence to be passed. Section 54-91 is repealed.

      (1949 Rev., S. 8807; P.A. 76-336, S. 10.)

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      Sec. 54-91a. (Formerly Sec. 54-109). Presentence investigation of defendant. (a) No defendant convicted of a crime, other than a capital felony, the punishment for which may include imprisonment for more than one year, may be sentenced, or the defendant's case otherwise disposed of, until a written report of investigation by a probation officer has been presented to and considered by the court, if the defendant is so convicted for the first time in this state; but any court may, in its discretion, order a presentence investigation for a defendant convicted of any crime or offense other than a capital felony.

      (b) A defendant who is convicted of a crime and is not eligible for sentence review pursuant to section 51-195 may, with the consent of the sentencing judge and the prosecuting official, waive the presentence investigation.

      (c) Whenever an investigation is required, the probation officer shall promptly inquire into the circumstances of the offense, the attitude of the complainant or victim, or of the immediate family where possible in cases of homicide, and the criminal record, social history and present condition of the defendant. Such investigation shall include an inquiry into any damages suffered by the victim, including medical expenses, loss of earnings and property loss. All local and state police agencies shall furnish to the probation officer such criminal records as the probation officer may request. When in the opinion of the court or the investigating authority it is desirable, such investigation shall include a physical and mental examination of the defendant. If the defendant is committed to any institution, the investigating agency shall send the reports of such investigation to the institution at the time of commitment.

      (d) Any information contained in the files or report of an investigation pursuant to this section shall be available to the Court Support Services Division for the purpose of performing the duties contained in section 54-63d and to the Department of Mental Health and Addiction Services for purposes of diagnosis and treatment.

      (1955, S. 3337d; 1957, P.A. 639, S. 1; 1959, P.A. 615, S. 14; P.A. 76-336, S. 6; P.A. 78-188, S. 5, 8; P.A. 80-313, S. 48; P.A. 82-281; 82-298, S. 5; P.A. 85-98; P.A. 90-261, S. 12, 19; P.A. 95-225, S. 35; 95-261, S. 4; P.A. 00-64, S. 1; P.A. 02-132, S. 41; P.A. 03-48, S. 1.)

      History: 1959 act required report of probation officer's investigation prior to sentencing if defendant's record discloses a conviction obtained prior to three years from present conviction; P.A. 76-336 substituted references to capital felony for references to first degree murder where appearing; P.A. 78-188 required that criminal records be furnished to restitution specialists upon their request; P.A. 80-313 divided section into Subsecs. and substituted "may" for "shall" in provision re required reports of probation officer in Subsec. (a); Sec. 54-109 transferred to Sec. 54-91a in 1981; P.A. 82-281 amended Subdiv. (2) of Subsec. (a) to increase from three to five years the period of time between convictions, and inserted a new Subsec. (b) authorizing certain defendants to waive the investigation, relettering former Subsec. (b) accordingly; P.A. 82-298 deleted references to restitution specialists in newly relettered Subsec. (c); P.A. 85-98 amended Subsec. (c) by adding provision requiring the investigation to include an inquiry into any damages suffered by the victim; P.A. 90-261 amended Subsec. (c) by adding provision requiring the investigation to include an inquiry into whether the department of correction recommends that the defendant participate in a special alternative incarceration program; P.A. 95-225 and P.A. 95-261 both added substantially identical provisions as new Subsec. (d) authorizing the disclosure of information in the files or report of an investigation to the Office of the Bail Commission for the purpose of performing the duties in Sec. 54-63d (Revisor's note: P.A. 95-225 provided that "Any information contained in the files or report of an investigation made pursuant to this section may be disclosed to the Office of the Bail Commission ...", whereas P.A. 95-261 provided that "Any information contained in the files or report of an investigation pursuant to this section shall be available to the Office of the Bail Commission ..."); P.A. 00-64 amended Subsec. (a) by making technical changes and deleting provision that required investigation if record of defendant, as shown by prosecutor, discloses conviction obtained prior to five years from guilty finding in present prosecution, and amended Subsec. (d) by adding provision making information contained in files or report available to Department of Mental Health and Addiction Services for purposes of diagnosis and treatment; P.A. 02-132 amended Subsec. (d) by replacing "Office of the Bail Commission" with "Court Support Services Division"; P.A. 03-48 amended Subsec. (c) to delete provision requiring investigation to include an inquiry into whether the Department of Correction recommends that the defendant participate in a special alternative incarceration program in accordance with Sec. 53a-39b, reflecting repeal of said Sec. by the same public act.

      Annotations to former section 54-109:

      Refusal of court to allow defendant to question on the witness stand the probation officer who prepared report held not violation of right to be confronted by witnesses and to cross-examine them. 147 C. 125. Cited. 153 C. 673; 160 C. 151, 165. Request to withdraw nolo contendere plea after presentence report may validly be refused by court if it is deemed delaying action. 161 C. 20. Cited. 168 C. 623. Cited. 169 C. 263, 266. Cited. 176 C. 270, 274.

      Presentence investigation and report should have been made where minor defendant sentenced to reformatory for not more than two years for crime, the prescribed penalty for which is not more than one year. 26 CS 505. So, where term to be served was not more than two years where punishment for crime would include imprisonment for more than one year. 27 CS 81.

      Not error to order presentence report and consider it before motion in arrest of judgment was heard. 3 Conn. Cir. Ct. 153. Not an abuse of discretion to deny accused withdrawal of plea of nolo contendere after being given copy of presentence report. Id., 206.

      Annotations to present section:

      Cited. 186 C. 153, 158, 159, 166 (Diss. Op.), 167 (Diss. Op.). Cited. 197 C. 106, 113. Cited. 234 C. 139, 144. Cited. 236 C. 561, 563.

      Cited. 8 CA 607, 609, 618. Cited. 19 CA 640, 642. Cited. 22 CA 10, 21. Cited. 37 CA 801, 818, 819. Cited. 40 CA 643, 657. Cited. 43 CA 142. Any objection to presentence investigation report must be made prior to sentencing because trial court is required to consider information contained in the PSI prior to sentencing. 49 CA 702.

      Subsec. (a):

      Cited. 5 CA 378, 387. Cited. 10 CA 591, 603, 604. Cited. 42 CA 768.

      Subsec. (c):

      Cited. 199 C. 121, 126.

      Statute recognizes the wide range of information which a sentencing court should consider. 1 CA 724, 734, 738. Cited. 10 CA 591, 601.

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      Sec. 54-91b. (Formerly Sec. 54-109a). Defendant may request copy of prior record and presentence investigation report. In any case, without a showing of good cause, upon the request of the defendant or his attorney, prior to sentencing, the court shall provide the defendant or his attorney with a copy of his record of prior convictions and in any case wherein a presentence investigation is ordered, without a showing of good cause, the court shall provide the defendant or his attorney with a copy of the presentence investigation report at least twenty-four hours prior to the date set for sentencing and in both such cases shall hear motions addressed to the accuracy of any part of such record or report.

      (1969, P.A. 129.)

      History: Sec. 54-109a transferred to Sec. 54-91b in 1981.

      Cited. 186 C. 153, 161, 166 (Diss. Op.).

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      Sec. 54-91c. Testimony of victim or representative of deceased victim prior to acceptance of plea agreement and at sentencing hearing. Terms of proposed plea agreement. Notification by state's attorney. (a) For the purposes of this section, "victim" means a person who is a victim of a crime, the legal representative of such person, a member of a deceased victim's immediate family or a person designated by a deceased victim in accordance with section 1-56r.

      (b) Prior to the imposition of sentence upon any defendant who has been found guilty of any crime or has pleaded guilty or nolo contendere to any crime, and prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state wherein the defendant pleads to a lesser offense than the offense with which such defendant was originally charged, the court shall permit any victim of the crime to appear before the court for the purpose of making a statement for the record, which statement may include the victim's opinion of any plea agreement. In lieu of such appearance, the victim may submit a written statement or, if the victim of the crime is deceased, the legal representative or a member of the immediate family of such deceased victim may submit a statement of such deceased victim to the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case. Such state's attorney, assistant state's attorney or deputy assistant state's attorney shall file the statement with the sentencing court and the statement shall be made a part of the record at the sentencing hearing. Any such statement, whether oral or written, shall relate to the facts of the case, the appropriateness of any penalty and the extent of any injuries, financial losses and loss of earnings directly resulting from the crime for which the defendant is being sentenced. The court shall inquire on the record whether any victim is present for the purpose of making an oral statement or has submitted a written statement. If no victim is present and no such written statement has been submitted, the court shall inquire on the record whether an attempt has been made to notify any such victim as provided in subsection (c) of this section. After consideration of any such statements, the court may refuse to accept, where appropriate, a negotiated plea or sentence, and the court shall give the defendant an opportunity to enter a new plea and to elect trial by jury or by the court.

      (c) Prior to the imposition of sentence upon such defendant and prior to the acceptance of a plea pursuant to a plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall advise the victim of such crime of the date, time and place of the original sentencing hearing or any judicial proceeding concerning the acceptance of a plea pursuant to a plea agreement, provided the victim has informed such state's attorney, assistant state's attorney or deputy assistant state's attorney that such victim wishes to make or submit a statement as provided in subsection (b) of this section and has complied with a request from such state's attorney, assistant state's attorney or deputy assistant state's attorney to submit a stamped, self-addressed postcard for the purpose of such notification. If the state's attorney, assistant state's attorney or deputy assistant state's attorney is unable to notify the victim, such state's attorney, assistant state's attorney or deputy state's attorney shall sign a statement as to such notification.

      (d) Upon the request of a victim, prior to the acceptance by the court of a plea of a defendant pursuant to a proposed plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall provide such victim with the terms of such proposed plea agreement in writing.

      (e) The provisions of this section shall not apply to any proceedings held in accordance with section 46b-121 or section 54-76h.

      (P.A. 81-324, S. 1-3, 5; P.A. 85-117; P.A. 86-401, S. 2, 7; P.A. 98-53; P.A. 99-247, S. 1; P.A. 00-200, S. 3; P.A. 01-211, S. 10; P.A. 02-105, S. 13; P.A. 03-179, S. 1.)

      History: 85-117 amended Subsecs. (a) and (b) by adding "or a violation of section 53a-72a or 53a-72b"; P.A. 86-401 amended Subsecs. (b) and (c) permitting victim to make statement prior to acceptance plea of guilty or nolo contendere pursuant to plea agreement wherein defendant pleads to lesser offense and requiring state's attorney to notify victim of any such judicial proceeding; P.A. 98-53 amended Subsec. (b) by adding provision re statement by representative or family member of deceased victim and re inclusion of the appropriateness of penalty in any written or oral statement; P.A. 99-247 added new Subsec. (d) to require the prosecutorial official to provide a victim, upon such victim's request, with the terms of a proposed plea agreement in writing prior to the court's acceptance of the defendant's plea, relettering former Subsec. (d) as Subsec. (e), and made a technical change for purposes of gender neutrality; P.A. 00-200 amended Subsec. (b) by making a technical change and adding provision that statement of victim may include victim's opinion of plea agreement, and amended Subsec. (c) by providing that, if victim of crime is deceased, legal representative or family member shall inform prosecutor of wish to give statement and to be notified, and if prosecutor is unable to notify, such prosecutor shall sign statement as to notification; P.A. 01-211 amended Subsec. (a) to redefine "victim" as a person who is a victim of "a crime" rather than "a class A, B or C felony or a violation of section 53a-72a or 53a-72b", amended Subsec. (b) to make provisions applicable with respect to the sentencing of a defendant convicted of "any crime" rather than "any class A, B or C felony or a violation of section 53a-72a or 53a-72b" and amended Subsec. (c) to delete language re deceased crime victim; P.A. 02-105 amended Subsec. (a) by adding a person designated by a victim pursuant to Sec. 1-56r to definition of "victim"; P.A. 03-179 amended Subsec. (b) by replacing "permit the victim" with "permit any victim", adding provisions re inquiry of the court on the record and making technical changes.

      Cited. 23 CA 431, 432.

      Cited. 41 CS 229, 237.

      Subsec. (b):

      Cited. 9 CA 686, 710. Cited. 10 CA 591, 599.

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      Sec. 54-91d. Referral of persons to youth service bureaus. Section 54-91d is repealed.

      (P.A. 93-432, S. 4, 6; P.A. 95-225, S. 51.)

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      Sec. 54-92. Pronouncement of sentence. Any sentence to imprisonment shall be pronounced by the judge in the presence and hearing of the convicted person.

      (1949 Rev., S. 8809; P.A. 76-336, S. 13.)

      History: P.A. 76-336 reworded section to omit reference to imprisonment specifically in Somers correctional facility.

      Sentence to be given before appeal is taken; suspending it; bail. 71 C. 457. Appeal as supersedeas in capital case. 82 C. 68; 84 C. 566. Sentence for term of years, however long, not a life sentence. 60 C. 96. Not error to impose sentence in capital case before passing on motion for new trial. 46 C. 339. In capital case, if appeal decided before time set for execution, supreme court need not set day. 81 C. 22. See section 54-95(c). In such case, not error to omit inquiry as to whether accused has anything to say. 47 C. 546. Penalty of "fine and imprisonment" permits either. 75 C. 351. Cited. 169 C. 13.

      Cited. 31 CA 660, 665. Legislature has designated court rather than jury to impose sentences on criminal defendants. 81 CA 824.

      In absence of statute, sentences will be held to run concurrently where a person has received two or more separate sentences to imprisonment in the same penal institution and the judgments contain no provision that they shall run consecutively. 23 CS 214. Where an accused is convicted on a number of counts, a general sentence is not invalid if the punishment does not exceed the maximum which could have been imposed for any single count. Id. Habeas corpus brought on defendant's claim he had involuntarily agreed to lesser plea to obtain shorter sentence was denied where he had received sentence he anticipated and, on being sentenced, told court he had nothing he wanted to say. 28 CS 15.

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      Sec. 54-92a. (Formerly Sec. 54-120). Commitment to custody of Commissioner of Correction. Commitment on findings of probable cause or on adjournments and punishment by imprisonment, including imprisonment for nonpayment of a fine, when not otherwise provided, shall be by commitment to the custody of the Commissioner of Correction in such institution or facility of the Department of Correction as he determines.

      (1949 Rev., S. 8826; 1961, P.A. 580, S. 18; 1967, P.A. 152, S. 45.)

      History: 1961 act deleted stipulation imprisonment be in jail of county where offense was committed and provided for commitment to jail administrator; 1967 act made commitment to correction commissioner in institution which he determines upon rather than in State Prison for sentences of at least one year with optional confinement in jail where sentence was for less than one year; Sec. 54-120 transferred to Sec. 54-92a in 1981.

      Annotations to former section 54-120:

      Cited. 99 C. 120; 115 C. 597; 152 C. 470; 153 C. 208. Where the maximum sentence for an offense is imprisonment for one year, it cannot be to the state prison. 115 C. 603. Before this section was adopted, most criminal statutes specified whether imprisonment should be in jail or state prison. 127 C. 720.

      Cited. 23 CS 296. Cited. 30 CS 71.

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      Sec. 54-92b. (Formerly Sec. 54-122). Discharge from community correctional center when held for nonpayment of fine. Any person held in a community correctional center for the nonpayment of fine only may, upon application, be discharged from such imprisonment by the court by which he was committed or, when the court is not sitting, by any judge thereof, provided such notice of such application and the hearing thereon as the court or judge may direct shall be given to the prosecuting officer of the court.

      (1949 Rev., S. 8822; 1967, P.A. 656, S. 63; 1969, P.A. 297.)

      History: 1967 act substituted "when the court is not sitting" for "in vacation"; 1969 act substituted "community correctional center" for "jail"; Sec. 54-122 transferred to Sec. 54-92b in 1981.

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      Sec. 54-92c. (Formerly Sec. 17-381). Women attendants. Whenever any female person is committed to the Commissioner of Correction or any reformatory institution for girls or women in this state, the court making such commitment shall, unless such person is to be accompanied by a member of her own family, direct that some responsible woman shall accompany her; provided, in emergency cases, where no such woman is available, the court may make such other order as security and respect for the person of the female may require. The necessary expenses and the compensation, if any is required, for such attendant shall be taxed and allowed by the court as costs in such action.

      (1949 Rev., S. 2763; 1967, P.A. 152, S. 22.)

      History: 1967 act substituted the commissioner of correction for correctional institutions, provided for court order in emergency cases and removed the exception of jails; Sec. 17-381 transferred to Sec. 54-92c in 1991.

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      Sec. 54-93. Clerks to notify warden of Connecticut Correctional Institution, Somers, of sentences. Section 54-93 is repealed, effective October 1, 2002.

      (1949 Rev., S. 8808; S.A. 02-12, S. 1.)

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      Sec. 54-93a. Court order to correct public record containing false information as a result of identity theft. Whenever a person is convicted of a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c or 53a-129d, the court may issue such orders as are necessary to correct a public record that contains false information as a result of such violation.

      (P.A. 03-156, S. 6.)

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      Sec. 54-94. Sentence of persons between sixteen and seventeen. Section 54-94 is repealed.

      (1949 Rev., S. 8810; 1961, P.A. 580, S. 17.)

      See Sec. 18-73 re confinement of male children or youths.

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      Sec. 54-94a. Conditional nolo contendere plea. Appeal of denial of motion to suppress or dismiss. When a defendant, prior to the commencement of trial, enters a plea of nolo contendere conditional on the right to take an appeal from the court's denial of the defendant's motion to suppress or motion to dismiss, the defendant after the imposition of sentence may file an appeal within the time prescribed by law provided a trial court has determined that a ruling on such motion to suppress or motion to dismiss would be dispositive of the case. The issue to be considered in such an appeal shall be limited to whether it was proper for the court to have denied the motion to suppress or the motion to dismiss. A plea of nolo contendere by a defendant under this section shall not constitute a waiver by the defendant of nonjurisdictional defects in the criminal prosecution.

      (P.A. 82-17; P.A. 88-19; P.A. 01-13.)

      History: P.A. 88-19 authorized the entry of a plea of nolo contendere conditional on the right to appeal the denial of a motion to suppress statements and evidence based on the involuntariness of a statement; P.A. 01-13 substituted "motion to suppress" for "motion to suppress evidence based on an unreasonable search or seizure, motion to suppress statements and evidence based on the involuntariness of a statement" and added proviso re determination by a trial court "that a ruling on such motion to suppress or motion to dismiss would be dispositive of the case".

      Cited. 189 C. 42, 50. Cited. 194 C. 331. Cited. 197 C. 17, 25. Cited. Id., 620, 622, 629. Voluntariness of confession is not within purview of statute. 198 C. 92, 97-103. Cited. 199 C. 591, 596, 597. Cited. 200 C. 412, 415, 416. Cited. 202 C. 39, 30, 42-44. Cited. Id., 369, 373, 375-380. Cited. Id., 443, 446. Cited. 203 C. 97, 98. Cited. 205 C. 560, 561. Cited. 206 C. 90, 92. Cited. Id., 323, 334-336. Cited. Id., 346, 351-353. Cited. 209 C. 1, 5. Cited. 210 C. 435, 439. Cited. 212 C. 485, 489. Cited. 214 C. 476, 477. Cited. 215 C. 667, 668. Cited. 216 C. 402, 404. Cited. 218 C. 714, 716. Cited. 220 C. 38, 39. Cited. 221 C. 635, 636. Cited. 224 C. 593, 595. Cited. Id., 627, 628. Cited. 226 C. 265, 267. Cited. 227 C. 207, 209. Cited. Id., 363, 366, 368. Cited. 229 C. 824, 825. Cited. 230 C. 372, 374. Cited. 232 C. 345, 349. Cited. 234 C. 78, 81. Cited. 236 C. 18, 20. Cited. Id., 216, 218. Conditional plea could qualify for review of substantive claims under Sec. 4003(b) Practice Book rather than this section; judgment of appellate court in State v. Piorkowski, 37 CA 252, reversed. Id., 388, 389, 391, 396-404, 406-410, 412, 413, 415, 416, 418-420. Cited. 240 C. 365. Cited. Id., 489. Cited. 242 C. 211. Cited. 243 C. 115. Cited. Id., 205. Defendant had no nonfrivolous grounds for appeal and defense counsel was not ineffective for failing to consult with defendant regarding appellate rights this section would have preserved. 267 C. 414. Defendant's claim that trial court improperly denied his request for a continuance to change counsel does not fall within the narrow scope of section. 269 C. 454.

      Cited. 2 CA 219, 222, 223. Cited. 5 CA 207, 208. Cited. Id., 441, 442. Cited. 6 CA 394, 395. Cited. 7 CA 265, 268. Cited. Id., 354, 357. Cited. 8 CA 330, 331. Cited. Id., 361-363. Cited. Id., 542, 543. Cited. 10 CA 7, 9. Cited. Id., 561, 562. Cited. Id., 667, 668. Cited. 11 CA 11, 12. Cited. Id., 140, 141. Cited. Id., 540, 541; judgment reversed, see 209 C. 1 et seq. Cited. 12 CA 427, 428, 431. Cited. 14 CA 134. Cited. Id., 205, 207. Cited. Id., 356, Cited. 19 CA 296. Cited. Id., 626, 627. Cited. 20 CA 168, 169; judgment reversed, see 215 C. 667 et seq. Cited. Id., 336, 337. Cited. 21 CA 210, 211. Cited. 22 CA 10, 11. Cited. 23 CA 50, 51. Cited. Id., 215, 217. Cited. Id., 495, 496. Cited. 24 CA 115, 117. Cited. Id., 438, 439. Cited. 25 CA 3, 4, 14. Cited. Id., 99, 100. Cited. 26 CA 103, 104. Cited. Id., 481, 483; judgment reversed, see 224 C. 494 et seq. Cited. 27 CA 128, 129. Cited. Id., 248, 251. Cited. Id., 370, 371. Cited. Id., 461, 462. Cited. Id., 741, 742. Cited. 28 CA 508, 510. Cited. 29 CA 207, 209. Cited. 30 CA 712, 713. Cited. Id., 917. Cited. 31 CA 669, 670. Cited. 32 CA 656, 657; judgment reversed in part, see 232 C. 345 et seq. Cited. Id., 849, 850, 853. Cited. 33 CA 107, 108. Cited. Id., 409, 410. Cited. Id., 590, 591. Cited. 34 CA 492, 493. Cited. Id., 557, 560. Cited. 36 CA 106, 108; judgment reversed, see 234 C. 78 et seq. Cited. Id., 710, 711. Cited. 37 CA 205, 206. Nothing in language of statute indicating that word "voluntariness" is meant to include claims of right to counsel. Id., 252-255, 257-262, 264-266; judgment reversed, see 236 C. 388 et seq. Cited. Id., 561, 562; judgment reversed, see 236 C. 216 et seq. Cited. 38 CA 8, 10; judgment reversed, see 236 C. 18 et seq. Cited. Id., 588. Cited. 39 CA 82, 86. Cited. 40 CA 420, 421. Cited. Id., 724. Cited. 41 CA 530-532, 534-538. Cited. Id., 694. Cited. Id., 772, 773. Cited. 42 CA 589. Cited. 43 CA 448. Cited. 44 CA 162. Cited. Id., 249. Cited. 45 CA 32. Cited. 46 CA 633. Trial court's exercise of discretion regarding youthful offender status not a claim encompassed by this section. 51 CA 539. If defendant understood that, by entering a plea pursuant to this statute, the only issue allowed on appeal was whether trial court improperly denied his motion to suppress, then defendant cannot raise other issues on appeal. 55 CA 217. Claim of insufficient evidence is not one of the particular claims that statute permits to be appealed. 67 CA 562. Although defendant's claim is cast as a challenge to court's denials of his motions to suppress and to dismiss, his claim is, in reality, a challenge to court's denial of his motion for disclosure; as such, his claim is not reviewable pursuant to section. 81 CA 492. Determination requirement of section is not a matter of convenience, but rather a matter of substance necessary to achieve the goals of the statute, therefore, the requirement is mandatory. 83 CA 700.

      Subsec. (a):

      Cited. 41 CA 530, 534.

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      Sec. 54-95. Appeal by defendant in criminal prosecution; stay of execution. (a) Any defendant in a criminal prosecution, aggrieved by any decision of the Superior Court, upon the trial thereof, or by any error apparent upon the record of such prosecution, may be relieved by appeal, petition for a new trial or writ of error, in the same manner and with the same effect as in civil actions. No appeal may be taken from a judgment denying a petition for a new trial unless, within ten days after the judgment is rendered, the judge who heard the case or a judge of the Supreme Court or the Appellate Court, as the case may be, certifies that a question is involved in the decision which ought to be reviewed by the Supreme Court or by the Appellate Court. It shall be sufficient service of any such writ of error or petition for a new trial to serve it upon the state's attorney for the judicial district where it is brought.

      (b) When such defendant is convicted and sentenced to a term of imprisonment and, within two weeks after final judgment, files with the clerk of the court wherein the conviction was had an appeal to the supreme court or gives oral or written notice of his intention to appeal to said court or to petition for a new trial, the appeal or the notice shall operate as a stay of execution pending the final determination of the case, provided the defendant is admitted to bail, except the appeal or the notice shall not operate as a stay of execution, if within five days after the filing of the appeal or notice thereof, the judge before whom the criminal prosecution was tried directs in writing that the appeal or the notice shall not operate as a stay of execution. Such order shall be accompanied by a written statement of the judge's reasons for denying the stay of execution. The order and the statement shall become a part of the files and record of the case. If any defendant has been admitted to bail following an oral or written notice of intent to appeal or petition for a new trial and such defendant has failed, within twenty days after the judgment from which the appeal is to be taken, or such further period as the court may grant, to perfect the appeal or petition, a mittimus for his arrest shall issue. If any defendant is imprisoned after sentencing and before he is admitted to bail, such period of imprisonment shall be counted toward satisfaction of his sentence. If any defendant is admitted to bail and subsequently surrendered and remitted to custody while his appeal is pending, the period of imprisonment following thereafter shall be counted toward satisfaction of his sentence.

      (c) In any criminal prosecution in which the defendant has been sentenced to death and has taken an appeal to the Supreme Court of this state or the Supreme Court of the United States or brought a writ of error, writ of certiorari or petition for a new trial, the taking of the appeal, the making of the application for a writ of certiorari or the return into court of the writ of error or petition for a new trial shall, unless, upon application by the state's attorney and after hearing, the Supreme Court otherwise orders, stay the execution of the death penalty until the clerk of the court where the trial was had has received notification of the termination of any such proceeding by decision or otherwise, and for thirty days thereafter. No appellate procedure shall be deemed to have terminated until the end of the period allowed by law for the filing of a motion for reargument, or, if such motion is filed, until the proceedings consequent thereon are finally determined. When execution is stayed under the provisions of this section, the clerk of the court shall forthwith give notice thereof to the warden of the institution in which such defendant is in custody. If the original judgment of conviction has been affirmed or remains in full force at the time when the clerk has received the notification of the termination of any proceedings by appeal, writ of certiorari, writ of error or petition for a new trial, and the day designated for the infliction of the death penalty has then passed or will pass within thirty days thereafter, the defendant shall, within said period of thirty days, upon an order of the court in which the judgment was rendered at a regular or special criminal session thereof, be presented before said court by the warden of the institution in which the defendant is in custody or his deputy, and the court, with the judge assigned to hold the session presiding, shall thereupon designate a day for the infliction of the death penalty and the clerk of the court shall issue a warrant of execution, reciting therein the original judgment, the fact of the stay of execution and the final order of the court, which warrant shall be forthwith served upon the warden or his deputy.

      (1949 Rev., S. 8811; 1953, S. 3328d; 1957, P.A. 483; 1959, P.A. 474; 1963, P.A. 416, S. 1; 642, S. 73; 1972, P.A. 66, S. 1; P.A. 76-336, S. 14; P.A. 78-280, S. 1, 127; 78-379, S. 22, 27; P.A. 80-313, S. 51; June Sp. Sess. P.A. 83-29, S. 51, 82.)

      History: 1959 act amended Subsec. (b) to provide appeal operate as a stay "provided the defendant is admitted to bail or makes an election in writing not to commence service of the sentence" and added provisions re filing of election not to commence service and re factors determining when sentence is satisfied; 1963 acts amended Subsec. (a) to delete obsolete references to the court of common pleas and amended Subsec. (b) to provide for filing of appeal two weeks after final judgment rather than one week after conviction; 1972 act specified that notice of intention to appeal may be oral or written and provision re issuance of mittimus for arrest of person who fails to perfect appeal within twenty days from judgment in Subsec. (b); P.A. 76-336 replaced specific references to Somers correctional facility with general references to "institution in which such defendant is in custody"; P.A. 78-280 substituted "judicial district" for "county" where appearing; P.A. 78-379 restated provision in Subsec. (b) re judge's direction that appeal shall not stay execution and deleted provisions re defendant's power to elect not to commence service of sentence; P.A. 80-313 made minor changes in wording but made no substantive changes; June Sp. Sess. P.A. 83-29 included reference to appellate court in Subsec. (a).

      See Sec. 52-582 re time limit for bringing petitions for new trial.

      Plaintiff in error may not be heard on any cause of error not specially assigned, but court finding fatal defect may reverse the judgment. 10 C. 371. Petition for new trial not granted on merely formal grounds. 11 C. 418. True rule. Id., 48 C. 93. New evidence must be such as was not discoverable at former trial. Id. Power to grant new trial may be exercised when verdict is without evidence or manifestly against weight of evidence. 12 C. 489. State cannot move for new trial. 16 C. 59; but see section 54-96. New trial for error in charge of court or for verdict against evidence can only be granted by supreme court. 43 C. 516. New trial not granted on ex parte affidavits alone. 45 C. 272. Accused may file motion for new trial for verdict against evidence. 69 C. 192. Law regulating new trials same in criminal as in civil cases. 72 C. 116. Supreme court cannot support judgment by presumption or intendment. 84 C. 93. Accused is entitled to every doubt as regards materiality of error. 75 C. 334. But he cannot complain of ruling that several counts state but one offense. Id., 267. Costs not taxable to defendant who prevails. 82 C. 392. Policy of law. 69 C. 190. See notes to sections 52-270, 54-92. Full discussion of proper method of taking appeal in criminal case tried to court. 105 C. 327; 109 C. 28; id., 126, 139. Does not permit appeal from a city court in a criminal case. 128 C. 341. Cited. 128 C. 342. Time within which motions in arrest of judgment must be filed. 148 C. 57. Where appeal period had expired, convict could not by habeas corpus proceeding challenge validity of arrest warrant. By pleading to information against him, while represented by counsel, he waived defect in warrant and consented to jurisdiction of court. 155 C. 591, 627, 701, 703. Defendant's decision to waive his right to appeal must be voluntarily, knowingly and intelligently made. 175 C. 328, 334. Denial of a motion for a new trial was not a final judgment and not appealable. 180 C. 141, 142. Remedy of appeal afforded defendants in criminal prosecutions having been established by statute, state's delay in defending against appeal resulted in setting aside of the judgment and ordering of a new trial. 183 C. 586, 589. Cited. 194 C. 510, 515. Cited. 208 C. 420, 424, 425. Cited. 228 C. 552, 556. Cited. 236 C. 388, 401.

      Cited. 1 CA 724, 733. Cited. 12 CA 621, 622. Cited. 19 CA 686, 694. Cited. 37 CA 252, 258; judgment reversed, see 236 C. 388 et seq. Cited. 41 CA 530, 535.

      Term "execution" means "to put into effect". 15 CS 273. Cited. 24 CS 60. Cited. 29 CS 339.

      Cited. 2 Conn. Cir. Ct. 635; 5 Conn. Cir. Ct. 314.

      Subsec. (a):

      Cited. 183 C. 418, 423. Cited. 228 C. 552, 554. Cited. 229 C. 178, 182, 185, 188, 189. Cited. Id., 397, 425. Since legislature did not expressly prohibit appellate review of the denial of certification to appeal, petitioner is entitled to appellate review of such denial. Petitioner may establish an abuse of discretion in such denial if there are issues that are debatable among jurists of reason, if a court could resolve the issues in a different manner or if there are questions that are adequate to deserve encouragement to proceed further. 246 C. 514. Although petitioner's failure to seek certification to appeal pursuant to the statute does not deprive appellate tribunal of jurisdiction over the appeal, appellate tribunal should nevertheless decline to entertain an appeal challenging denial of petition for a new trial until petitioner has satisfied the certification requirement of the statute. 261 C. 533.

      Cited. 23 CA 559, 561.

      Subsec. (b):

      Cited. 180 C. 141, 143. Cited. 208 C. 420, 426, 427.

      Cited. 38 CS 552, 554. Cited. 41 CS 454, 455.

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      Sec. 54-95a. (Formerly Sec. 54-17). Jurisdiction of Superior Court. In any prosecution for the violation of any provision of any charter, ordinance or bylaw of a city or borough, the defendant shall have the right of appeal as in other cases.

      (1949 Rev., S. 8743; 1959, P.A. 28, S. 142; 1963, P.A. 642, S. 62; P.A. 74-183, S. 133, 291; P.A. 76-436, S. 524, 681.)

      History: 1959 act substituted circuit court for municipal court or trial justice, which were abolished; 1963 act updated statute, deleting provisions giving superior court jurisdiction of offenses not within jurisdiction of court of common pleas and concurrent jurisdiction of offense within its jurisdiction; P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 deleted provisions granting superior court sole jurisdiction of offenses not in common pleas court's jurisdiction and concurrent jurisdiction of offenses in common pleas court's jurisdiction, rendered obsolete by transfer of all trial jurisdiction to superior court, effective July 1, 1978; Sec. 54-17 transferred to Sec. 54-95a in 1981.

      Annotations to former section 54-17:

      Superior court formerly had no power to try a criminal case without a jury, even on agreement of parties. 27 C. 281. See now section 54-82. General criminal jurisdiction of superior court. 97 C. 600; 106 C. 719. Cited. 145 C. 124; 153 C. 129 (fn. 1); 154 C. 272, 278. The general rule of jurisdiction is that nothing shall be intended to be out of the jurisdiction of the superior court but that which specially appears to be so; and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is expressly so alleged. 153 C. 603, 612, 613. Cited. 155 C. 595; 159 C. 150. Jurisdiction over the subject matter can neither be waived nor conferred by consent of the accused. 167 C. 228.

      Cited. 9 CS 167. Held proper for police court to yield jurisdiction to superior court in certain gambling arrests in light of state's attorney's drive against gambling being carried on through superior court. 21 CS 246. Cited. 33 CS 708.

      Cited. 5 Conn. Cir. Ct. 119.

      Annotations to present section:

      Cited. 14 CA 574, 575.

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      Sec. 54-95b. Reopening judgment in certain motor vehicle and criminal cases. Any judgment rendered in the Superior Court in any case involving prosecution for a motor vehicle violation or criminal offense adjudging the defendant to pay a fine only, may be reopened, provided a motion to reopen is filed within four months succeeding the date on which it was rendered.

      (P.A. 82-153.)

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      Sec. 54-96. Appeals by the state from Superior Court in criminal cases. Appeals from the rulings and decisions of the Superior Court, upon all questions of law arising on the trial of criminal cases, may be taken by the state, with the permission of the presiding judge, to the Supreme Court or to the Appellate Court, in the same manner and to the same effect as if made by the accused.

      (1949 Rev., S. 8812; 1963, P.A. 642, S. 74; P.A. 80-442, S. 23, 28; June Sp. Sess. P.A. 83-29, S. 52, 82.)

      History: 1963 act deleted provisions re appeals from common pleas court; P.A. 80-442 allowed appeals to be taken to appellate session of superior court, effective July 1, 1981; June Sp. Sess. P.A. 83-29 deleted reference to appellate session of the superior court and added reference to appellate court.

      Right of appeal not limited to errors during trial alone, but extends to errors in earlier part of proceedings. 58 C. 100. This section authorizes an appeal in the nature of a motion for a new trial after acquittal; bail. 65 C. 278; 106 C. 115. Proper method to pursue to secure rulings on evidence for appeal; asking prejudicial questions before jury to secure rulings on evidence held error. 100 C. 215. For full discussion as to proper method to be pursued by state in taking an appeal in a criminal case, see 106 C. 115. To review judgment of city court state may bring writ of error. 118 C. 373. Statute held constitutional. 122 C. 542; 302 U.S. 319. Cited. 150 C. 246. Cited. 163 C. 230. Cited. 164 C. 637, 638. Rulings and decisions appealable under this section include any proceeding from which either criminal defendant or party to civil trial could appeal. 170 C. 337, 340. State has right to appeal in criminal cases only from superior court on questions of law with permission of presiding judge. 171 C. 417, 418. Cited. Id., 600, 602. Cited. 174 C. 100, 102, 103, 109, 110, 112. Cited. 176 C. 224, 225. Double jeopardy does not attach as long as a retrial is not required in the event the state prevails in its appeal. 178 C. 450, 452. Cited. 181 C. 284, 285. Cited. 187 C. 109, 111, 117. Cited. 188 C. 183, 184. Cited. Id., 626, 627. State's motion for dismissal with prejudice in order to allow appeal from suppression order discussed. 189 C. 42, 45, 46, 49, 51. Cited. Id., 228, 230. Cited. Id., 360, 362. Cited. Id., 717. Cited. 191 C. 506, 508. Cited. 192 C. 471, 475. Cited. 194 C. 594, 595. Cited. 197 C. 436, 439. Jurisdictional predicate for appeal exists only if trial court abused discretion in denying motion for permission to appeal. 202 C. 300, 305, 307-310, 313. Cited. 209 C. 23, 26. Cited. 210 C. 110, 118. Cited. 213 C. 66, 69. Cited. Id., 708, 709. Cited. 214 C. 657, 660, 661, 670. Cited. Id., 692, 697. Cited. 215 C. 189, 191. Cited. 219 C. 752, 755. Cited. 223 C. 411, 413, 414. Cited. 224 C. 656, 659; judgment reversed, see 31 CA 452 et seq. Cited. 225 C. 355, 357. Cited. 226 C. 514, 523. Cited. 229 C. 178, 189. Cited. 230 C. 427, 430. Cited. Id., 608, 613-615. Cited. 236 C. 659, 661. Judgment of appellate court in State v. Rosario, 33 CA 550 reversed on appeal of state with respect to suppression of evidence pursuant to this section. 238 C. 380. Cited. Id., 828. Cited. 240 C. 317. Cited. Id., 708. Cited. 241 C. 823. Trial court abuses its discretion in denying state permission to appeal under this section if state demonstrates that the issues are debatable among jurists of reason, that a court could resolve the issues in a different manner, or that the questions are adequate to deserve encouragement to proceed further. 261 C. 395.

      Cited. 1 CA 378, 380. Cited. 2 CA 605, 606. Cited. 3 CA 477, 478. Cited. 4 CA 520-522. Cited. 7 CA 131, 136. Cited. 10 CA 147, 148. Cited. Id., 532, 533. Cited. 15 CA 289. Cited. 17 CA 385, 386. Cited. 18 CA 658, 659. Cited. 19 CA 631, 634. Cited. Id., 686, 694. Cited. 20 CA 321, 325-327. Appeal period runs from date permission to appeal is granted. 23 CA 559-564. Cited. 25 CA 235, 236. Cited. 26 CA 667, 668. Cited. 27 CA 427, 428. Cited. 29 CA 512, 513. Cited. 32 CA 1, 2. Cited. 34 CA 1, 2. Cited. 36 CA 803; judgment reversed, see 235 C. 659 et seq.; see also 241 C. 823 et seq. Cited. 39 CA 550, 551, 554; judgment reversed with respect to suppression of evidence, see 238 C. 380 et seq. Cited. 40 CA 544, 545. Cited. Id., 789, 790, 796. Cited. 42 CA 1. Cited. Id., 17. Cited. Id., 186; judgment reversed, see 241 C. 823 et seq. Cited. 43 CA 698. Cited. 45 CA 722. Cited. 46 CA 350. Probation revocation hearing is a criminal case that can be appealed under this section. 50 CA 187. Trial court improperly denied state permission to appeal on the bases of inadequacy of record where state rectified record, lack of jurisdiction over defendant solely for prosecutor's failure to sign the information pursuant to Sec. 36-12, and state's failure to indicate its intention to appeal on date of dismissal of charges where state impliedly expressed its intent by seeking "one week" and planned to file motion to appeal within that period. 51 CA 676. In the absence of either permission to appeal or challenge to trial court's denial of permission to appeal, appellate court lacks subject matter jurisdiction to hear an appeal pursuant to Sec. 54-96. 55 CA 250. Where there was sufficient basis in the evidence to support court's finding on a motion to suppress and there had been a full evidentiary hearing on such motion, the record was such that there was no clear, arbitrary and extreme abuse of discretion such that an injustice appears to have been done and, therefore, trial court's denial of state's request for permission to appeal was not an abuse of discretion. 64 CA 495.

      Cited. 38 CS 521, 522.

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      Sec. 54-96a. (Formerly Sec. 54-13). Appeal vacated by payment of fine. Any person appealing from the judgment of the Superior Court, adjudging him to pay a fine only, may pay the same at any time before the hearing in the Supreme Court or Appellate Court, without further cost, which payment shall vacate the appeal and restore the judgment.

      (1949 Rev., S. 8734; 1959, P.A. 28, S. 139; P.A. 74-183, S. 131, 291; P.A. 76-436, S. 522, 681; June Sp. Sess. P.A. 83-29, S. 53, 82.)

      History: 1959 act substituted circuit court for trial justice and municipal courts, which were abolished and changed technical operation of statute; P.A. 74-183 replaced circuit court with court of common pleas and specified appellate session as that of superior court, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court and appellate session of superior court with hearing in supreme court, effective July 1, 1978; Sec. 54-13 transferred to Sec. 54-96a in 1981; June Sp. Sess. P.A. 83-29 included reference to appellate court.

      Annotations to former section 54-13:

      Cited. 171 C. 417, 419.

      Section by implication may be sufficient to hold that payment of a fine precludes a review. 23 CS 135. Partial execution of sentence by payment of the fine does not deprive court of power to open judgment. Id., 179.

      Annotation to present section:

      Section does not govern involuntary payment of fines. 76 CA 169.

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      Sec. 54-96b. (Formerly Sec. 54-14). Withdrawal of appeal of person committed to community correctional center. Any person appealing from any judgment of the superior court under which judgment such person may be committed to a community correctional center may, at any time before the hearing in the Supreme Court or Appellate Court, notify the Superior Court that such appeal is withdrawn, and, if such person is in a community correctional center in default of bail awaiting trial upon such appeal, the court shall forthwith forward a mittimus to the Community Correctional Center Administrator, and the term of such sentence shall run from the date of such notice, provided such term shall not run concurrently with any other sentence or term imposed upon such person unless so directed by such court. If any person taking such appeal is at large, such person shall forthwith surrender himself to the court from which such appeal was taken and such court shall issue a mittimus in the same manner as though no appeal had been taken. Upon the issuance of such mittimus, such appeal shall be vacated and the judgment shall be in force. In any case in which the judgment from which an appeal has been taken includes a community correctional center sentence and a fine, such appeal may be vacated upon compliance with the provisions of section 54-96a and of this section, and thereupon such judgment shall be in effect.

      (1949 Rev., S. 8735; 1959, P.A. 28, S. 140; 1963, P.A. 642, S. 60; 1969, P.A. 297; P.A. 74-183, S. 132, 291; P.A. 76-436, S. 523, 681; June Sp. Sess. P.A. 83-29, S. 54, 82.)

      History: 1959 act substituted circuit court for trial justice or municipal court and changed technical language of statute; 1963 act substituted jail administrator for keeper of the jail; 1969 act substituted community correctional centers and their administrators for jails and their administrators; P.A. 74-183 replaced circuit court with court of common pleas and specified appellate session as that of superior court, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court and appellate session of superior court with hearing in supreme court, effective July 1, 1978; Sec. 54-14 transferred to Sec. 54-96b in 1981; June Sp. Sess. P.A. 83-29 included reference to appellate court.

      Annotations to former section 54-14:

      Cited. 171 C. 417, 419.

      Section by implication may be sufficient to hold that, on the carrying out of a sentence, litigation is ended, and a review is precluded. 23 CS 135. Partial execution of sentence by payment of the fine does not deprive court of power to open judgment. Id., 179.

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      Sec. 54-97. Mittimus required for commitment to correctional facility. No person may be committed to a correctional institution or a community correctional center without a mittimus signed by the judge or clerk of the court which committed such person or, with respect to a person sentenced to a period of special parole, signed by the chairperson of the Board of Pardons and Paroles, declaring the cause of commitment and requiring the warden or Community Correctional Center Administrator to receive and keep such person in the correctional institution or the community correctional center, as the case may be, for the period fixed by the judgment of said court or said board or until such person is legally discharged; and such mittimus shall be sufficient authority to the officer to commit such person, and to the warden or Community Correctional Center Administrator to receive and hold such person in custody, except that any community correctional center may receive any person as provided in section 7-135 without such mittimus.

      (1949 Rev., S. 8813; 1959, P.A. 28, S. 194; 1961, P.A. 1, S. 3; 566, S. 3; 1963, P.A. 642, S. 75; 1969, P.A. 297; P.A. 80-313, S. 49; P.A. 04-234, S. 2, 7.)

      History: 1959 act deleted obsolete reference to trial justice; 1961 acts added exception re Sec. 7-135; 1963 act deleted obsolete references to workhouses and substituted state jail administrator for warden or master; 1969 act replaced jails and their administrators with community correctional centers and their administrators; P.A. 80-313 substituted "may" for "shall" and added reference to incarceration in Somers facility for period fixed by court's judgment or until discharge effected; P.A. 04-234 replaced references to the Connecticut Correctional Institution, Somers with "correctional institution", authorized the commitment by a mittimus signed by the chairperson of the Board of Parole of a person sentenced to a period of special parole, authorized retention of the person for the period fixed by "said board" and made technical changes for purposes of gender neutrality, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      As to service of process of U. S. courts. 5 D. 193; 7 Cranch 550. Upon proceedings of habeas corpus, sheriff is proper party defendant; issuing of mittimus is a judicial act; interested justice of the peace is disqualified; a mittimus, valid on its face, seems a protection to the officer. 60 C. 426; 91 C. 510. Nature of mittimus; justice may issue after adjournment of court. 67 C. 359. All persons participating in proceedings under void mittimus are liable. 64 C. 319. Mittimus may issue pending appeal. 84 C. 566. Cited. 132 C. 303. Cited. 185 C. 540, 547, 548. Cited. 215 C. 418, 429. Cited. 230 C. 17, 23.

      "Mittimus" distinguished from "execution". 15 CS 271. Cited. 16 CS 79.

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      Sec. 54-98. Execution of mittimus for commitment to Connecticut Correctional Institution, Somers. The Chief Court Administrator or the administrator's designee shall execute each mittimus for the commitment of convicts to the Connecticut Correctional Institution, Somers, by delivering such convicts to the warden of said institution or such warden's agent at said institution.

      (1949 Rev., S. 8814; 1959, P.A. 615, S. 11; 1969, P.A. 297; P.A. 00-99, S. 121, 154; P.A. 01-195, S. 71, 181.)

      History: 1959 act substituted mittimus for warrant; 1969 act replaced "jail" with "community correctional center"; P.A. 00-99 replaced reference to sheriffs with the Chief Court Administrator or the administrator's designee and deleted provisions re fees payable to sheriffs for prisoner transportation, effective December 1, 2000; P.A. 01-195 made a technical change for the purpose of gender neutrality, effective July 11, 2001.

      Cited. 185 C. 540, 547.

      Cited. 16 CS 79.

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      Sec. 54-99. Period within which death penalty inflicted. Unless a reprieve or stay of execution is granted by competent authority, the penalty of death shall be inflicted within a period of not less than one month nor more than six months after conviction and sentence. All executions of the death penalty shall take place according to the provisions of this section and section 54-100 on the day, or within five days after the day, designated by the judge passing sentence.

      (1949 Rev., S. 8815.)

      Cited. 121 C. 197.

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      Sec. 54-100. Method of inflicting death penalty. Attendance at execution. (a) The method of inflicting the punishment of death shall be by continuous intravenous injection of a substance or substances in a quantity sufficient to cause death, in accordance with procedures prescribed by the Commissioner of Correction in consultation with the Commissioner of Public Health. The Commissioner of Correction shall direct a warden of an appropriate correctional institution to appoint a suitable person or persons to perform the duty of executing sentences of the court requiring the infliction of the death penalty. Such person or persons shall receive, for such duty, such compensation as is determined by the Commissioner of Correction. When any person is sentenced to death by any court of this state having competent jurisdiction, he shall, within twenty days after final sentence, be conveyed to an appropriate correctional institution and such punishment shall be inflicted only within the walls of said institution, within an enclosure to be prepared for that purpose under direction of the warden of said institution. Such enclosure shall be so constructed as to exclude public view.

      (b) Besides the warden or deputy warden and such number of correctional staff as he thinks necessary, the following persons may be present at the execution: The Commissioner of Correction, a physician, a clergyman in attendance upon the prisoner and such other adults, as the prisoner may designate, not exceeding three in number, news media representatives and such other persons as the commissioner deems appropriate. The total number of witnesses permitted at an execution shall be governed by space and security requirements and the Commissioner of Correction shall make the final determination of such number. News media representatives present at an execution shall include representatives of newspapers, broadcasters and news services, who shall report on behalf of all news media. The number of news media representatives present at an execution shall be nine, except that the commissioner, in his discretion, may authorize a greater number of such representatives or, for specified reasons of space or security, may reduce such number of representatives. The commissioner may exclude a witness for specified reasons of security.

      (1949 Rev., S. 8816; 1963, P.A. 28, S. 6; P.A. 74-84; P.A. 95-16, S. 1, 5; 95-257, S. 12, 21, 58; P.A. 96-180, S. 130, 166; P.A. 97-184, S. 1.)

      History: 1963 act provided electrocution be at prison in Somers rather than Wethersfield; P.A. 74-84 allowed attendance of "adults" designated by prisoner rather than attendance of "persons, adult males" designated by prisoner; P.A. 95-16 changed the method of inflicting the punishment of death from "electrocution" to "continuous intravenous injection of a substance or substances in a quantity sufficient to cause death, in accordance with procedures prescribed by the Commissioner of Correction in consultation with the Commissioner of Public Health and Addiction Services", replaced the requirement that the warden of the Connecticut Correctional Institution, Somers, appoint a suitable person to perform the execution and that such person's compensation be determined by the directors of said institution with the requirement that the Commissioner of Correction direct a warden of an appropriate correctional institution to appoint such a person and that such person's compensation be determined by said commissioner, required a person sentenced to death to be conveyed to an appropriate correctional institution rather than to "the Connecticut Correctional Institution, Somers" and that the enclosure be prepared under direction of the warden of said institution rather than the warden and board of directors of the Connecticut Correctional Institution, Somers, replaced "guards" with "correction officers", replaced as some of the persons authorized to be in attendance at the execution "the board of directors, the physician of the Connecticut Correctional Institution, Somers," with "the commissioner, a physician of a correctional institution", effective October 1, 1995, and applicable to executions carried out on or after said date; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-180 substituted "Commissioner of Correction" for "commissioner", effective June 3, 1996; P.A. 97-184 inserted Subsec. indicators, amended Subsec. (a) to authorize the appointment of more than one person to perform the execution and amended Subsec. (b) to revise the list of persons authorized to be present at the execution by replacing "correction officers" with "correctional staff", replacing "a physician of a correctional institution" with "a physician", deleting the "sheriff of the county in which the prisoner was tried and convicted", "representatives of not more than five newspapers in the county where the crime was committed" and "one reporter for each of the daily newspapers published in the city of Hartford" and adding "news media representatives" and "such other persons as the commissioner deems appropriate", provided that the total number of witnesses shall be governed by space and security requirements and be finally determined by the commissioner, provide that news media representatives shall include representatives of newspapers, broadcasters and news services reporting on behalf of all news media, provided that the number of news media representatives shall be nine subject to increase or reduction by the commissioner and authorize the commissioner to exclude a witness for security reasons.

      Cited. 121 C. 197. Death penalty does not constitute cruel and unusual punishment and courts will not vitiate legislative determination of punishment for crimes. 158 C. 341. Cited. 238 C. 389. P.A. 95-16 cited. Id.

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      Sec. 54-100a. Committee on news media access to executions. Selection of news media witnesses. There shall be a committee on news media access to executions composed of news media representatives appointed by the Associated Press Managing Editors Association of Connecticut and the Connecticut Associated Press Broadcasters Association. The Commissioner of Correction or his designee shall be an ex-officio member of the committee. The committee shall receive applications from news media seeking to witness and report executions and select news media witnesses from such applicants. The committee shall consider applications from three categories of news media: (1) Newspapers, broadcasters and news services regularly reporting general news of the state; (2) newspapers and broadcasters nearest the locality where the crime was committed; and (3) newspapers and broadcasters that regularly cover the correctional institutions deemed appropriate by the commissioner as a location for the infliction of the death penalty. The committee shall select applicants from each category unless a category lacks a qualified applicant. The committee shall promptly inform the commissioner of its recommendations and inform the news media recommended to be witnesses. For any execution, the commissioner shall specify the number of news media witnesses that space and security requirements permit. The commissioner shall promptly inform the committee if any applicant it has recommended to be a witness is to be excluded for specified reasons of security.

      (P.A. 97-184, S. 2.)

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      Sec. 54-101. Disposition of person becoming insane after death sentence. When any person detained at the Connecticut Correctional Institution, Somers, awaiting execution of a sentence of death appears to the warden thereof to be insane, the warden may make application to the superior court for the judicial district of Tolland having either civil or criminal jurisdiction or, if said court is not in session, to any judge of the Superior Court, and, after hearing upon such application, notice thereof having been given to the state's attorney for the judicial district wherein such person was convicted, said court or such judge may, if it appears advisable, appoint three reputable physicians to examine as to the mental condition of the person so committed. Upon return to said court or such judge of a certificate by such physicians, or a majority of them, stating that such person is insane, said court or such judge shall order the sentence of execution to be stayed and such person to be transferred to any state hospital for mental illness for confinement, support and treatment until such person recovers sanity, and shall cause a mittimus to be issued to the Department of Correction for such commitment. If, at any time thereafter, the superintendent of the state hospital to which such person has been committed is of the opinion that such person has recovered sanity, the superintendent shall so report to the state's attorney for the judicial district wherein the conviction was had and such attorney shall thereupon make application to the superior court for such judicial district having criminal jurisdiction, for the issuance of a warrant of execution for such sentence, and, if said court finds that such person has recovered sanity, it shall cause a mittimus to be issued for such person's return to the Connecticut Correctional Institution, Somers, there to be received and kept until a day designated in the mittimus for the infliction of the death penalty, and thereupon said penalty shall be inflicted, in accordance with the provisions of the statutes.

      (1949 Rev., S. 8817; 1963, P.A. 28, S. 7; P.A. 73-116, S. 28; 73-667, S. 1, 2; P.A. 78-280, S. 120, 127; P.A. 82-472, S. 146, 183; P.A. 00-99, S. 122, 154; P.A. 01-195, S. 72, 181.)

      History: 1963 act substituted Tolland county for Hartford county; P.A. 73-116 added references to judicial districts and substituted "Connecticut Correctional Institution, Somers" for "State Prison"; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 78-280 deleted references to counties; P.A. 82-472 deleted obsolete reference to counties; P.A. 00-99 replaced reference to sheriff of Tolland County or either deputy with the Department of Correction re to whom mittimus shall be issued, effective December 1, 2000; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001.

      This statute requires a determination of "sanity" only as a condition precedent to the carrying out of the death penalty, and mandates execution once such a determination is made. 169 C. 13.

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      Sec. 54-102. Burial or disposal of body of executed criminal. The warden or his deputy shall cause the body of any executed criminal to be decently and quietly buried in any place in the United States that may be designated by the relatives or friends of the executed person, provided a request for such burial has been made to the warden or deputy on or before the day of execution. The amount of the expenses of the funeral and burial to be paid by the state shall not exceed one hundred and fifty dollars, which shall be paid out of any funds on hand appropriated for the maintenance and support of the Connecticut Correctional Institution, Somers. If the expenses of the funeral and burial at the place designated by such relatives or friends exceed one hundred and fifty dollars, such relatives or friends shall pay to the warden the amount required in excess of said sum before the warden causes the body of such criminal to be removed and buried at the place designated. If the body is not claimed by any relatives or friends on or before the day of execution, the warden or deputy shall dispose of it as provided by law for the unclaimed bodies of criminals who die in the Connecticut Correctional Institution, Somers. The warden shall endorse upon the death warrant a record of his execution thereof and shall return such warrant to the clerk of the superior court for the judicial district where the trial and conviction was had.

      (1949 Rev., S. 8818; 1953, S. 3329d; P.A. 73-116, S. 29; 73-667, S. 1, 2; P.A. 82-472, S. 147, 183.)

      History: P.A. 73-116 added reference to judicial districts; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 82-472 deleted obsolete reference to counties.

      See Sec. 19a-270 re municipal power to make anatomical donation of unclaimed bodies.

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PART IIa
HIV AND DNA TESTING OF OFFENDERS

      Sec. 54-102a. (Formerly Sec. 53a-90). Venereal examination and HIV testing of persons charged with certain sexual offenses. (a) The court before which is pending any case involving a violation of any provision of sections 53a-65 to 53a-89, inclusive, may, before final disposition of such case, order the examination of the accused person to determine whether or not he is suffering from any venereal disease, unless the court from which such case has been transferred has ordered the examination of the accused person for such purpose, in which event the court to which such transfer is taken may determine that a further examination is unnecessary.

      (b) Notwithstanding the provisions of section 19a-582, the court before which is pending any case involving a violation of section 53-21 or any provision of sections 53a-65 to 53a-89, inclusive, that involved a sexual act, as defined in section 54-102b, may, before final disposition of such case, order the testing of the accused person for the presence of the etiologic agent for Acquired Immune Deficiency Syndrome or Human Immunodeficiency Virus, unless the court from which such case has been transferred has ordered the testing of the accused person for such purpose, in which event the court to which such transfer is taken may determine that a further test is unnecessary. If the victim of the offense requests that the accused person be tested, the court may order the testing of the accused person in accordance with this subsection and the results of such test may be disclosed to the victim. The provisions of sections 19a-581 to 19a-585, inclusive, and section 19a-590, except any provision requiring the subject of an HIV-related test to provide informed consent prior to the performance of such test and any provision that would prohibit or limit the disclosure of the results of such test to the victim under this subsection, shall apply to a test ordered under this subsection and the disclosure of the results of such test.

      (c) A report of the result of such examination or test shall be filed with the Department of Public Health on a form supplied by it. If such examination discloses the presence of venereal disease or if such test discloses the presence of the etiologic agent for Acquired Immune Deficiency Syndrome or Human Immunodeficiency Virus, the court may make such order with reference to the continuance of the case or treatment or other disposition of such person as the public health and welfare require. Such examination or test shall be conducted at the expense of the Department of Public Health. Any person who fails to comply with any order of any court under the provisions of this section shall be guilty of a class C misdemeanor.

      (1969, P.A. 828, S. 91; P.A. 77-614, S. 323, 610; P.A. 92-260, S. 34; P.A. 93-381, S. 9, 39; May Sp. Sess. P.A. 94-6, S. 27, 28; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 98-1, S. 40, 121.)

      History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 92-260 replaced "bound over" and "bindover" with "transferred" and "transfer", respectively; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; May Sp. Sess. P.A. 94-6 added provisions designated as Subsec. (b) concerning acquired immune deficiency syndrome, relettered subsec. (c) and made prior provisions Subsecs. (a) and (c), amending Subsec. (c) to apply to tests for acquired immune deficiency syndrome or human immunodeficiency virus, effective June 21, 1994; Sec. 53a-90 transferred to Sec. 54-102a in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a), effective June 24, 1998.

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      Sec. 54-102b. HIV testing of persons convicted of certain sexual offenses. (a) Notwithstanding any provision of the general statutes, except as provided in subsection (b) of this section, a court entering a judgment of conviction or an adjudication of delinquency for a violation of section 53a-70, 53a-70a, 53a-70b or 53a-71 or a violation of section 53-21, 53a-72a, 53a-72b or 53a-73a involving a sexual act, shall, at the request of the victim of such crime, order that the offender be tested for the presence of the etiologic agent for acquired immune deficiency syndrome or human immunodeficiency virus and that the results be disclosed to the victim and the offender. The test shall be performed by or at the direction of the Department of Correction in consultation with the Department of Public Health.

      (b) The provisions of sections 19a-581 to 19a-585, inclusive, and section 19a-590, except the requirement that the subject of an HIV-related test provide informed consent prior to the performance of such test, shall apply to a test ordered under this section.

      (c) For the purposes of this section and section 19a-112b, "sexual act" means contact between the penis and the vulva or the penis and the anus, where such contact involving the penis occurs upon penetration, however slight, or contact between the mouth and the penis, the mouth and the vulva or the mouth and the anus.

      (May Sp. Sess. P.A. 94-6, S. 24, 28; P.A. 95-257, S. 12, 21, 58.)

      History: May Sp. Sess. P.A. 94-6 effective June 21, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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      Sec. 54-102c. HIV information and test results provided to victim. When a court orders a test pursuant to section 54-102a or 54-102b, the court shall provide the victim with (1) the educational materials about human immunodeficiency virus and acquired immune deficiency syndrome developed by the Department of Public Health pursuant to section 19a-112c, (2) information about and referral to HIV testing and counseling for victims of sexual acts provided through sites funded by such department pursuant to section 19a-112b, and (3) referrals and information regarding rape crisis centers. The court shall also inform the victim that the victim may designate a health care provider chosen by the victim or an HIV testing and counseling site funded by the department to receive the results of such test on behalf of the victim. The test results shall be disclosed to the victim by the designated health care provider or by a professional trained to provide counseling about HIV and acquired immune deficiency syndrome at the department-funded site designated by the victim.

      (P.A. 04-165, S. 2.)

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      Secs. 54-102d to 54-102f. Reserved for future use.

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      Sec. 54-102g. Blood or other biological sample required from certain offenders for DNA analysis. (a) Any person who has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and has been sentenced on that conviction to the custody of the Commissioner of Correction shall, prior to release from custody and at such time as the commissioner may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If any person required to submit to the taking of a blood or other biological sample pursuant to this subsection refuses to do so, the Commissioner of Correction or the commissioner's designee shall notify the Department of Public Safety within thirty days of such refusal for the initiation of criminal proceedings against such person.

      (b) Any person who is convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony and is not sentenced to a term of confinement shall, as a condition of such sentence and at such time as the sentencing court may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

      (c) Any person who has been found not guilty by reason of mental disease or defect pursuant to section 53a-13 of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and is in custody as a result of that finding, shall, prior to discharge from custody in accordance with subsection (e) of section 17a-582, section 17a-588 or subsection (g) of section 17a-593 and at such time as the Commissioner of Mental Health and Addiction Services or the Commissioner of Mental Retardation with whom such person has been placed may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

      (d) Any person who has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and is serving a period of probation or parole, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a), (b) or (c) of this section, shall, prior to discharge from the custody of the Court Support Services Division or the Department of Correction and at such time as said division or department may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

      (e) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state or jurisdiction of a felony or of any crime, the essential elements of which are substantially the same as a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, and is in the custody of the Commissioner of Correction, is under the supervision of the Judicial Department or the Board of Pardons and Paroles or is under the jurisdiction of the Psychiatric Security Review Board, shall, prior to discharge from such custody, supervision or jurisdiction submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

      (f) The analysis shall be performed by the Division of Scientific Services within the Department of Public Safety. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the division in a DNA data bank and shall be made available only as provided in section 54-102j.

      (g) Any person who refuses to submit to the taking of a blood or other biological sample pursuant to this section shall be guilty of a class A misdemeanor.

      (P.A. 94-246, S. 1; P.A. 98-111, S. 10; P.A. 99-183, S. 11, 13; 99-218, S. 10, 16; P.A. 03-242, S. 1; P.A. 04-188, S. 1; 04-234, S. 2; 04-257, S. 121.)

      History: P.A. 98-111 added new Subsec. (c) requiring any person found not guilty by reason of mental disease or defect of any violation specified in Subsec. (a) or (b) on or after October 1, 1994 to have a blood sample taken for DNA analysis prior to discharge from custody, redesignating former Subsec. (c) as Subsec. (d); P.A. 99-183 revised the crimes the conviction of which subjects a person to DNA testing by replacing "a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b" in Subsecs. (a) and (b) and "any violation specified in subsection (a) or (b) of this section" in Subsec. (c) with "a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or of a felony found by the sentencing court to have been committed for a sexual purpose, as provided in section 54-254", amended Subsec. (a) to make provisions applicable to a person convicted of any of the specified offenses who "is sentenced to the custody of the Commissioner of Correction" rather than a person who is convicted of any of the specified offenses "on or after October 1, 1994, and is sentenced to the custody of the Commissioner of Correction" or a person who has been convicted of any of the specified offenses "and on October 1, 1994, is in the custody of the Commissioner of Correction", amended Subsec. (b) to delete provision re applicability to persons convicted "on or after October 1, 1994", amended Subsec. (c) to delete provision re applicability to persons found not guilty by reason of mental disease or defect "on or after October 1, 1994" and include a discharge in accordance with Sec. 17a-588, and made technical changes for purposes of gender neutrality, effective July 1, 1999; P.A. 99-218 amended Subsec. (d) by replacing the State Police Forensic Science Laboratory with the Division of Scientific Services within the Department of Public Safety, effective July 1, 1999; P.A. 03-242 replaced in Subsecs. (a), (b) and (c) "a felony found by the sentencing court to have been committed for a sexual purpose as provided in section 54-254" with "a felony", amended Subsec. (a) to replace requirement that the person "at any time prior to release from custody, have a sample of such person's blood taken" with requirement that the person "prior to release from custody and at such time as the commissioner may specify, submit to the taking of a blood or other biological sample", amended Subsec. (b) to replace requirement that the person "have a sample of such person's blood taken" with requirement that the person "at such time as the sentencing court may specify, submit to the taking of a blood or other biological sample", amended Subsec. (c) to replace requirement that the person "at any time" prior to discharge from custody "have a sample of such person's blood taken" with requirement that the person prior to discharge from custody and "at such time as the superintendent of the hospital for psychiatric disabilities in which such person is confined or the Commissioner of Mental Retardation with whom such person has been placed may specify, submit to the taking of a blood or other biological sample", added new Subsec. (d) requiring any person who is convicted of a criminal offense against a victim who is a minor, nonviolent sexual offense, sexually violent offense or felony and is serving a period of probation or parole to submit to the taking of a blood or other biological sample prior to discharge from custody and redesignated existing Subsec. (d) as Subsec. (e); P.A. 04-188 amended Subsec. (a) to replace "is convicted" with "has been convicted", replace "is sentenced" with "has been sentenced on that conviction" and add provision re notification of Department of Public Safety when a person refuses to submit to the taking of a sample, amended Subsec. (c) to replace "is found not guilty" with "has been found not guilty", add condition that such person "is in custody as a result of that finding" and replace "superintendent of the hospital for psychiatric disabilities in which such person is confined" with "Commissioner of Mental Health and Addiction Services", added new Subsec. (e) re taking of samples from persons convicted or found not guilty by reason of mental disease or defect in another state or jurisdiction and who are in the custody or under the supervision or jurisdiction of certain agencies in this state, redesignated existing Subsec. (e) as Subsec. (f) and added Subsec. (g) to make it a class A misdemeanor to refuse to submit to the taking of a sample; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-257 amended Subsec. (d) to replace references to "the Board of Parole" and "board" with "the Department of Correction" and "department", respectively, effective June 14, 2004.

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      Sec. 54-102h. Procedure for taking of blood or other biological sample for DNA analysis. (a)(1) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (a) of section 54-102g shall be the responsibility of the Department of Correction and shall be taken at a time and place specified by the Department of Correction.

      (2) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (b) of section 54-102g shall be the responsibility of the Department of Public Safety and shall be taken at a time and place specified by the sentencing court.

      (3) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (c) of section 54-102g shall be the responsibility of the Commissioner of Mental Health and Addiction Services or the Commissioner of Mental Retardation, as the case may be, and shall be taken at a time and place specified by said commissioner.

      (4) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (d) of section 54-102g shall be the responsibility of the Judicial Department if such person is serving a period of probation and of the Board of Pardons and Paroles if such person is serving a period of parole and shall be taken at a time and place specified by the Court Support Services Division or the Board of Pardons and Paroles, as the case may be.

      (5) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (e) of section 54-102g shall be the responsibility of the agency in whose custody or under whose supervision such person has been placed, and shall be taken at a time and place specified by such agency.

      (b) Only a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, a registered nurse or a phlebotomist shall take any blood sample to be submitted to analysis.

      (c) No civil liability shall attach to any person authorized to take a blood or other biological sample as provided in this section as a result of the act of taking such sample from any person submitting thereto, if the blood or other biological sample was taken according to recognized medical procedures, provided no person shall be relieved from liability for negligence in the taking of any such sample.

      (d) Chemically clean sterile disposable needles and vacuum draw tubes shall be used for all blood samples. The tube or container for a blood or other biological sample shall be sealed and labeled with the subject's name, Social Security number, date of birth, race and gender, the name of the person collecting the sample, and the date and place of collection. The tube or container shall be secured to prevent tampering with the contents.

      (e) The steps set forth in this section relating to the taking, handling, identification and disposition of blood or other biological samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the Division of Scientific Services within the Department of Public Safety not more than fifteen days following their collection and shall be analyzed and stored in the DNA data bank in accordance with sections 54-102i and 54-102j.

      (P.A. 94-246, S. 2; P.A. 99-218, S. 11, 16; P.A. 03-242, S. 2; P.A. 04-188, S. 2; 04-234, S. 2.)

      History: P.A. 99-218 amended Subsec. (b) by replacing the State Police Forensic Science Laboratory with the Division of Scientific Services within the Department of Public Safety, effective July 1, 1999; P.A. 03-242 amended Subsec. (a) to make provisions applicable to "other biological" samples in addition to blood samples, provide that samples be "taken" rather than "withdrawn" and rephrase provisions re withdrawal of samples accordingly, add provision requiring samples from persons who are found not guilty by reason of mental disease or defect and are confined in a hospital for psychiatric disabilities or placed with the Commissioner of Mental Retardation be taken at a time and place specified by the superintendent or the commissioner, add provision requiring samples from persons serving probation or parole be taken at a time and place specified by the Court Support Services Division or the Board of Parole and make provision that requires certain medical personnel to withdraw any sample applicable only to the taking of "blood" samples, amended Subsec. (b) to make provision requiring the use of needles and vacuum draw tubes applicable to "blood" samples and include references to the "container" for the sample, designated existing provisions re procedure and substantial compliance therewith and requirements re transportation, analysis and storage as Subsec. (c) and amended said Subsec. to make provisions applicable to "other biological" samples and replace "withdrawal" with "their collection"; P.A. 04-188 amended Subsec. (a) to insert Subdiv. designators, amended Subsec. (a)(1) to provide that collection of the sample shall be the responsibility of Department of Correction, that samples collected are "from persons required to submit to the taking of such sample pursuant to subsection (a) of section 54-102g" rather than "pursuant to section 54-102g from persons who are to be incarcerated" and that samples be taken at "a time and place specified" by department rather than "at the receiving unit or at such other place as is designated" by department, amended Subsec. (a)(2) to provide that collection of the sample shall be the responsibility of Department of Public Safety and that samples collected are from "persons required to submit to the taking of such sample pursuant to subsection (b) of section 54-102g" rather than from "persons who are not sentenced to a term of confinement", amended Subsec. (a)(3) to provide that collection of the sample shall be responsibility of the Commissioner of Mental Health and Addiction Services or Commissioner of Mental Retardation, as the case may be, that samples collected are from "persons required to submit to the taking of such sample pursuant to subsection (c) of section 54-102g" rather than "persons who are found not guilty by reason of mental disease or defect pursuant to section 53a-13 and are confined in a hospital for psychiatric disabilities or placed with the Commissioner of Mental Retardation" and that sample be taken at a time and place specified by "said commissioner" rather than by "the superintendent of such hospital or said commissioner, as the case may be", amended Subsec. (a)(4) to provide that collection of the sample shall be the responsibility of Judicial Department if the person is serving a period of probation and of Board of Parole if the person is serving a period of parole and that samples collected are from "persons required to submit to the taking of such sample pursuant to subsection (d) of section 54-102g" rather than from "persons who are serving periods of probation or parole", added new Subdiv. (5) re agency responsible for collection of a sample from persons required to submit to the taking of a sample pursuant to Sec. 54-102g(e), designated existing provision of Subsec. (a) re persons authorized to take a blood sample as new Subsec. (b), designated existing provision of Subsec. (a) re liability of persons taking a sample as new Subsec. (c), redesignated existing Subsec. (b) re needles, tubes and containers as Subsec. (d), and redesignated existing Subsec. (c) re procedure and substantial compliance therewith and requirements re transportation, analysis and storage as Subsec. (e); P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-102i. Procedure for conducting DNA analysis of blood or other biological sample. (a) Whether or not the results of an analysis are to be included in the data bank, the Division of Scientific Services within the Department of Public Safety shall conduct the DNA analysis in accordance with procedures adopted by the division to determine identification characteristics specific to the individual whose blood or other biological sample is being analyzed. Such procedures shall conform to nationally recognized and accepted standards for DNA analysis. The Commissioner of Public Safety or the commissioner's designee shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the sample was received and examined, and a statement that the seal on the tube or container had not been broken or otherwise tampered with. The remainder of a sample submitted for analysis and inclusion in the data bank pursuant to section 54-102g may be divided, labeled as provided for the original sample, and securely stored by the division in accordance with specific procedures set forth in regulations adopted by the Department of Public Safety in accordance with the provisions of chapter 54 to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only (1) to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included, or (2) for retesting by the division to validate or update the original analysis.

      (b) A report of the results of a DNA analysis conducted by the division as authorized, including the profile and identifying information, shall be made and maintained at the division. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts therein stated. Except as specifically provided in this section and section 54-102j, the results of the analysis shall be securely stored and shall remain confidential.

      (P.A. 94-246, S. 3; P.A. 96-2; P.A. 99-218, S. 12, 16; P.A. 03-242, S. 3.)

      History: P.A. 96-2 amended Subsec. (b) to provide for the initiation of a DNA testing process rather than conducting a DNA analysis; P.A. 99-218 replaced the State Police Forensic Science Laboratory with the Division of Scientific Services within the Department of Public Safety, and made conforming changes, effective July 1, 1999; P.A. 03-242 amended Subsec. (a) to make provisions applicable to "other biological" samples in addition to blood samples, add reference to a "container" and make conforming and technical changes, and amended Subsec. (b) to delete provision that required the division to initiate a DNA testing process not later than forty-five days after receipt of a blood sample.

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      Sec. 54-102j. Dissemination of information in DNA data bank. (a) It shall be the duty of the Division of Scientific Services within the Department of Public Safety to receive blood or other biological samples and to analyze, classify and file the results of DNA identification characteristics profiles of blood or other biological samples submitted pursuant to section 54-102g and to make such information available as provided in this section. The results of an analysis and comparison of the identification characteristics from two or more blood or other biological samples shall be made available directly to federal, state and local law enforcement officers upon request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail or electronic means. The name of the person making the request and the purpose for which the information is requested shall be maintained on file with the division.

      (b) Upon the request of a person from whom a blood or other biological sample has been taken pursuant to sections 54-102g and 54-102h, a copy of such person's DNA profile shall be furnished to such person.

      (c) Upon the request of any person identified and charged with an offense as the result of a search of information in the data bank, a copy of the request for a search shall be furnished to such person so identified and charged. Only when a sample or DNA profile supplied by the person making the request satisfactorily matches a profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated.

      (d) The Department of Public Safety shall adopt regulations, in accordance with the provisions of chapter 54, governing (1) the methods of obtaining information from the data bank in accordance with this section, and (2) procedures for verification of the identity and authority of the person making the request. The department shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.

      (e) The Division of Scientific Services shall create a separate statistical data base comprised of DNA profiles of blood or other biological samples of persons whose identity is unknown. Nothing in this section or section 54-102k shall prohibit the Division of Scientific Services from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or without the state.

      (f) The Division of Scientific Services may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of the state.

      (P.A. 94-246, S. 4; P.A. 98-2; P.A. 99-218, S. 13, 16; P.A. 03-242, S. 4.)

      History: P.A. 98-2 added "or other biological samples" to Subsec. (a); P.A. 99-218 replaced the State Police Forensic Science Laboratory with the Division of Scientific Services within the Department of Public Safety and made conforming changes, and reworded part of Subsec. (b) for gender neutrality, effective July 1, 1999; P.A. 03-242 amended Subsec. (a) to include "other biological" samples, added new Subsec. (b) to provide that upon request of a person from whom a blood or other biological sample has been taken, a copy of such person's DNA profile shall be furnished to such person, redesignated existing Subsecs. (b), (c), (d) and (e) as new Subsecs. (c), (d), (e) and (f), respectively, made technical changes in Subsec. (d) and amended Subsec. (e) to include "other biological" samples.

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      Sec. 54-102k. Unauthorized dissemination or use of DNA data bank information. Obtaining blood sample without authority. Penalties. Any person who, without authority, disseminates information contained in the data bank shall be guilty of a class C misdemeanor. Any person who disseminates, receives or otherwise uses or attempts to so use information in the data bank, knowing that such dissemination, receipt or use is for a purpose other than as authorized by law, shall be guilty of a class A misdemeanor. Except as authorized by law, any person who, for purposes of having a DNA analysis performed, obtains or attempts to obtain any sample submitted to the Division of Scientific Services for analysis shall be guilty of a class D felony.

      (P.A. 94-246, S. 5; P.A. 99-218, S. 14, 16.)

      History: P.A. 99-218 replaced the forensic science laboratory with the Division of Scientific Services, effective July 1, 1999.

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      Sec. 54-102l. Expungement of DNA data bank records upon reversal and dismissal of conviction. A person whose DNA profile has been included in the data bank pursuant to sections 54-102g to 54-102k, inclusive, may request expungement on the grounds that the criminal conviction on which the authority for including his DNA profile was based has been reversed and the case dismissed. The State Police Forensic Science Laboratory shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (1) a written request for expungement pursuant to this section and (2) a certified copy of the court order reversing and dismissing the conviction.

      (P.A. 94-246, S. 6.)

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      Sec. 54-102m. DNA Data Bank Oversight Panel. (a) There is established a DNA Data Bank Oversight Panel composed of the Chief State's Attorney, the Attorney General, the Commissioner of Public Safety and the Commissioner of Correction, or their designees. The Chief State's Attorney shall serve as chairperson of the panel and shall coordinate the agencies responsible for the implementation and maintenance of the DNA data bank established pursuant to section 54-102j.

      (b) The panel shall take such action as necessary to assure the integrity of the data bank including the destruction of inappropriately obtained samples and the purging of all records and identifiable information pertaining to the persons from whom such inappropriately obtained samples were collected.

      (c) The panel shall meet on a quarterly basis and shall maintain records of its meetings. Such records shall be retained by the chairperson. The meetings and records of the panel shall be subject to the provisions of the Freedom of Information Act, as defined in section 1-200, except that discussions and records of personally identifiable DNA information contained in the data bank shall be confidential and not subject to disclosure pursuant to the Freedom of Information Act.

      (P.A. 03-242, S. 5; P.A. 04-188, S. 3.)

      History: P.A. 04-188 amended Subsec. (c) to add provision that the meetings and records of the panel shall be subject to the Freedom of Information Act, except that discussions and records of personally identifiable DNA information contained in the data bank shall be confidential and not subject to disclosure pursuant to that act.

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      Secs. 54-102n to 54-102q. Reserved for future use.

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      Sec. 54-102r. Registration of persons convicted of sexual assault upon release from correctional facility or completion or termination of probation. Section 54-102r is repealed, effective October 1, 1998.

      (P.A. 94-246, S. 8-12; P.A. 95-142, S. 10; 95-175, S. 12; P.A. 97-183, S. 1, 2; P.A. 98-111, S. 12.)

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      Sec. 54-102s. Transferred to Chapter 969, Sec. 54-260.

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      Secs. 54-102t to 54-102z. Reserved for future use.

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PART IIb
TESTING FOR TUBERCULOSIS INFECTION

      Sec. 54-102aa. Tuberculosis testing: Definitions. Requirements. (a) As used in this part:

      (1) "Active tuberculosis" shall have the same meaning as provided in subdivision (1) of subsection (a) of section 19a-265;

      (2) "Infectious tuberculosis" shall have the same meaning as provided in subdivision (2) of subsection (a) of section 19a-265; and

      (3) "Latent tuberculosis" means having a positive tuberculin skin test with no clinical, bacteriologic or radiologic evidence of active tuberculosis.

      (b) Any person who has been committed to the custody of the Commissioner of Correction and remains in custody for a period of at least five consecutive days shall be tested to determine if such person has active tuberculosis or latent tuberculosis infection. Any person testing positive for active tuberculosis or infectious tuberculosis shall be subject to the provisions of sections 19a-255, 19a-256 and 19a-262 to 19a-265, inclusive. Any person testing positive for latent tuberculosis infection shall be first medically evaluated for infectious tuberculosis and then offered treatment for latent tuberculosis infection as recommended at the time by the National Centers for Disease Control and Prevention, provided the scheduled period of custody of such person is such that the treatment may be completed prior to the release of such person from custody.

      (P.A. 02-63, S. 1; P.A. 03-278, S. 108.)

      History: P.A. 03-278 made technical changes in Subsecs. (a) and (b), effective July 9, 2003.

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      Sec. 54-102bb. Procedures for evaluation of tuberculosis infection. In facilities operated by the Department of Correction, the medical director, contractor and chief administrator of the facility shall ensure that: (1) Each incarcerated inmate, upon incarceration, has a tuberculin skin test, unless already known to be positive, a symptom evaluation and if indicated according to the most recent recommendations from the National Centers for Disease Control and Prevention, a chest radiograph for tuberculosis, provided each inmate who is asymptomatic and who has had a chest radiograph in a correctional facility within six months of incarceration need not have an additional chest radiograph; (2) each incarcerated inmate has an evaluation for active tuberculosis or infectious tuberculosis whenever the inmate develops a cough lasting more than two weeks; (3) each incarcerated inmate has at least an annual tuberculin skin test, unless already known to be positive; and (4) information on the results of testing for infectious tuberculosis and latent tuberculosis infection as described in subdivisions (1) to (3), inclusive, of this section and all efforts to treat each inmate for active tuberculosis or latent tuberculosis infection and discharges of inmates who have not completed therapy for tuberculosis or latent tuberculosis infection are reported promptly to the central Department of Correction tuberculosis registry.

      (P.A. 02-63, S. 2; P.A. 03-278, S. 109.)

      History: P.A. 03-278 made technical changes, effective July 9, 2003.

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      Sec. 54-102cc. Tuberculosis infection control committee. (a) The Department of Correction shall establish a tuberculosis infection control committee. Said committee shall include, but not be limited to, the following members: (1) The Commissioner of Correction or said commissioner's designee; (2) the medical director for the Department of Correction; and (3) a medical contractor or consultant currently executing any tuberculosis control contract with the Department of Correction. Said committee may consult with the Commissioner of Public Health or said commissioner's designee.

      (b) The committee established pursuant to subsection (a) of this section shall develop guidelines and protocols for the purpose of implementing section 54-102bb. Said guidelines shall include, but not be limited to, the following tuberculosis infection control activities: (1) Screening of inmates; (2) containment; and (3) assessment of guidelines implementation. Any guidelines established shall be consistent with the most recent recommendations from the National Centers for Disease Control and Prevention.

      (P.A. 02-63, S. 3; P.A. 03-278, S. 110.)

      History: P.A. 03-278 made a technical change in Subsec. (a), effective July 9, 2003.

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      Sec. 54-102dd. Inmates with infectious tuberculosis required to be isolated. Persons exposed encouraged to be tested. (a) Any inmate found to have evidence of infectious tuberculosis shall be isolated from any public contact until such time as the inmate has received treatment and has been evaluated and found to be free of infection.

      (b) If an inmate found to have infectious tuberculosis is believed, based on subsequent investigation, to have exposed visitors or employees to tuberculosis, efforts shall be made to inform such persons and encourage such persons to have an evaluation for tuberculosis infection.

      (P.A. 02-63, S. 4.)

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      Sec. 54-102ee. Department contract option for testing of tuberculosis. The Department of Correction may enter into a contract agreement with an appropriate health care provider to manage the responsibilities as it relates to testing, screening or treatment of inmates for tuberculosis.

      (P.A. 02-63, S. 5.)

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      Secs. 54-102ff to 54-102ii. Reserved for future use.

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PART IIc
POST-CONVICTION REMEDIES

      Sec. 54-102jj. Preservation of biological evidence. (a) For the purposes of this section and section 54-102kk:

      (1) "DNA testing" means forensic deoxyribonucleic acid testing; and

      (2) "Agent" means a person, firm or corporation to whom the state police or a local police department entrusts or delivers evidence to undergo DNA testing.

      (b) Upon the conviction of a person of a capital felony or the conviction of a person of a crime after trial, or upon order of the court for good cause shown, the state police, all local police departments, any agent of the state police or a local police department and any other person to whom biological evidence has been transferred shall preserve all biological evidence acquired during the course of the investigation of such crime for the term of such person's incarceration.

      (c) The state police, a local police department, an agent or any person to whom biological evidence has been transferred may be relieved of the obligation to preserve biological evidence as provided in subsection (b) of this section by applying to the court in which the defendant's case was prosecuted for permission to destroy such biological evidence. Upon receipt of the application, the court shall give notice to all defendants charged in connection with the prosecution and shall hold a hearing. After such hearing, the court shall grant the application if it finds that the Connecticut Supreme Court has decided the defendant's appeal and the defendant does not seek further preservation of the biological evidence, or for good cause shown.

      (P.A. 03-242, S. 6.)

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      Sec. 54-102kk. DNA testing of biological evidence. (a) Notwithstanding any other provision of law governing postconviction relief, any person who was convicted of a crime and sentenced to incarceration may, at any time during the term of such incarceration, file a petition with the sentencing court requesting the DNA testing of any evidence that is in the possession or control of the Division of Criminal Justice, any law enforcement agency, any laboratory or the Superior Court. The petitioner shall state under penalties of perjury that the requested testing is related to the investigation or prosecution that resulted in the petitioner's conviction and that the evidence sought to be tested contains biological evidence.

      (b) After notice to the prosecutorial official and a hearing, the court shall order DNA testing if it finds that:

      (1) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA testing;

      (2) The evidence is still in existence and is capable of being subjected to DNA testing;

      (3) The evidence, or a specific portion of the evidence identified by the petitioner, was never previously subjected to DNA testing, or the testing requested by the petitioner may resolve an issue that was never previously resolved by previous testing; and

      (4) The petition before the Superior Court was filed in order to demonstrate the petitioner's innocence and not to delay the administration of justice.

      (c) After notice to the prosecutorial official and a hearing, the court may order DNA testing if it finds that:

      (1) A reasonable probability exists that the requested testing will produce DNA results which would have altered the verdict or reduced the petitioner's sentence if the results had been available at the prior proceedings leading to the judgment of conviction;

      (2) The evidence is still in existence and is capable of being subjected to DNA testing;

      (3) The evidence, or a specific portion of the evidence identified by the petitioner, was never previously subjected to DNA testing, or the testing requested by the petitioner may resolve an issue that was never previously resolved by previous testing; and

      (4) The petition before the Superior Court was filed in order to demonstrate the petitioner's innocence and not to delay the administration of justice.

      (d) The costs of DNA testing ordered pursuant to this section shall be borne by the state or the petitioner, as the court may order in the interests of justice, except that DNA testing shall not be denied because of the inability of the petitioner to pay the costs of such testing.

      (e) In a proceeding under this section, the petitioner shall have the right to be represented by counsel and, if the petitioner is indigent, the court shall appoint counsel for the petitioner in accordance with section 51-296.

      (P.A. 03-242, S. 7.)

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      Secs. 54-102ll to 54-102oo. Reserved for future use.

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      Sec. 54-102pp. Review of wrongful convictions. (a) The Chief Court Administrator shall establish an advisory commission to review any criminal or juvenile case involving a wrongful conviction and recommend reforms to lessen the likelihood of a similar wrongful conviction occurring in the future. The advisory commission shall consist of the Chief State's Attorney, the Chief Public Defender and the Victim Advocate, or their designees, a representative from the Connecticut Police Chiefs Association, a representative from the Connecticut Bar Association, and representatives from one or more law schools in this state and one or more institutions of higher education in this state that offer undergraduate programs in criminal justice and forensic science.

      (b) Whenever a person who has been convicted of a crime is subsequently determined to be innocent of such crime and exonerated, the advisory commission may conduct an investigation to determine the cause or causes of the wrongful conviction. Such investigation shall include, but not be limited to, an examination of the nature and circumstances of the crime, the background, character and history of the defendant, and the manner in which the investigation, evidence collection, prosecution, defense and trial of the case was conducted. Notwithstanding any provision of the general statutes concerning the confidentiality, erasure or destruction of records, the advisory commission shall have access to all police and court records and records of any prosecuting attorney pertaining to the case under investigation. The advisory commission shall not further disclose such records.

      (c) Upon the conclusion of its investigation, the advisory commission shall report its findings and any recommendations it may have for reforms to lessen the likelihood of similar wrongful convictions occurring in the future to the joint standing committee of the General Assembly on the judiciary, in accordance with the provisions of section 11-4a, and to other interested persons as deemed appropriate including the Chief Court Administrator, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Public Safety and the chief of any local police department involved in the investigation of the case.

      (P.A. 03-242, S. 8.)

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PART III
PROBATION, PAROLE AND PARDON

      Sec. 54-103. Commission on Adult Probation. Section 54-103 is repealed.

      (1955, S. 3331d; 1971, P.A. 259, S. 1; P.A. 74-183, S. 154, 291; P.A. 76-436, S. 553, 681; P.A. 78-303, S. 119, 136.)

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      Sec. 54-103a. Office of Adult Probation. Section 54-103a is repealed, effective October 1, 2002.

      (P.A. 77-614, S. 278, 610; P.A. 02-132, S. 82.)

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      Sec. 54-103b. Services for probation referrals. Duties of Court Support Services Division. Contracts with local community service providers. The Court Support Services Division shall implement liaison with local community service providers throughout the state for the purpose of improving services delivery for probation referrals. Contractual services purchased shall be predominantly for the purpose of, but not limited to, employment, psychiatric and psychological evaluation and counseling, drug and alcohol dependency treatment, and other services towards more effective control and rehabilitation of probation referrals. Other outside professional service fees consonant with the primary purpose of improved direct services shall be within the scope of the authority granted by this section.

      (P.A. 79-585, S. 14, 15; P.A. 02-132, S. 42.)

      History: P.A. 02-132 replaced "Office of Adult Probation" with "Court Support Services Division".

      Cited. 41 CS 229, 248.

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      Sec. 54-104. Appointment of Director of Probation and probation officers. Qualifying examinations. Section 54-104 is repealed, effective October 1, 2002.

      (1949 Rev., S. 8839; 1955, S. 3332d; P.A. 76-436, S. 554, 681; P.A. 77-614, S. 67, 279, 610; P.A. 79-585, S. 11, 15; P.A. 02-132, S. 43, 82.)

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      Sec. 54-105. Duties of executive director of Court Support Services Division re probation. Intensive probation program. Community service program. Caseload limitation. (a) The executive director of the Court Support Services Division shall be responsible for the supervision of the probation officers and other employees and may require reports from them. The executive director shall (1) formulate methods of investigation, supervision, record-keeping and reports, (2) compile statistics on the work of all probation officers, (3) maintain a record of all probationers, (4) perform such other duties as may be necessary to establish and maintain an efficient probation service in the Superior Court, and (5) prepare and publish such reports as may be required by the Chief Court Administrator. In the pursuance of such duties, the executive director shall have access to the records of probation officers.

      (b) The Judicial Department shall establish within the Court Support Services Division an intensive probation program. The purpose of intensive probation is to place persons in the community under close supervision and restriction to ensure public safety, reduce prison overcrowding and contribute to the rehabilitation of persons in the program. There shall be periodic testing for drug or alcohol use for those probationers on intensive probation who have been identified as having histories of drug or alcohol abuse. Any defendant placed on intensive probation who fails to comply with the conditions of his intensive probation shall be presented to the court as provided in subsection (a) of section 53a-32 for a hearing to be conducted in accordance with said subsection. If such defendant is found by the court to have violated any condition of his intensive probation, the sentencing court or judge may continue such defendant on intensive probation, modify or enlarge the conditions of intensive probation or revoke the intensive probation and either require the defendant to serve the balance of the sentence imposed or impose any lesser sentence. The executive director of the Court Support Services Division shall have the same powers and duties with respect to the intensive probation program as the executive director has with respect to regular probation under subsection (a) of this section. Persons may be placed on intensive probation pursuant to an order of a court or judge under section 53a-30 or 53a-39a or as required by the Court Support Services Division.

      (c) Subject to the approval of the Chief Court Administrator, the executive director of the Court Support Services Division may establish within the Court Support Services Division a community service program, including a community service labor program, which will assign, supervise and report compliance of persons sentenced to perform community service as a condition of probation or conditional discharge.

      (d) The executive director of the Court Support Services Division shall establish within the Court Support Services Division a program wherein eighty-four probation officers shall have a caseload of not more than thirty-five probationers per officer for the purpose of providing high level supervision. This program shall be implemented with funds appropriated pursuant to section 48 of public act 90-213*, provided such caseload may be increased at the discretion of the executive director if funding for the current service level for the Court Support Services Division is reduced.

      (1955, S. 3333d; P.A. 76-436, S. 555, 681; P.A. 77-614, S. 280, 610; P.A. 78-379, S. 23, 27; P.A. 79-585, S. 12, 15; P.A. 80-483, S. 137, 186; P.A. 84-505, S. 4, 6; P.A. 85-354, S. 2, 3; P.A. 87-538, S. 3, 5; P.A. 89-383, S. 5, 16; P.A. 90-213, S. 5, 14, 56; 90-261, S. 8, 19; P.A. 02-132, S. 44.)

      *Note: Section 48 of public act 90-213 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

      History: P.A. 76-436 revised section to reflect transfer of all trial jurisdiction to superior court, eliminating references to other courts, effective July 1, 1978; P.A. 77-614 replaced commission on adult probation with office of adult probation, eliminating limitations of director's powers requiring commission approval for various actions, specified that salaries are subject to compensation plan under Sec. 51-12, deleted director's duties to prescribe districts and assign probation officers to them and to conduct training courses for staff, and required publication of reports determined by chief court administrator rather than by commission or court, effective January 1, 1979; P.A. 78-379 added temporary provision re director's power to enter into contracts, effective July 1, 1978, through December 31, 1978; P.A. 79-585 authorized judges to take action re salaries through committee; P.A. 80-483 made technical grammatical correction; P.A. 84-505 added Subsec. (b) requiring the director of probation to establish an intensive probation program and specifying the purpose and nature of such program, effective June 13, 1984, to July 1, 1987; P.A. 85-354 amended Subsec. (b) to replace the requirement of "weekly" testing for drug and alcohol use with "periodic" testing and replace the requirement that the director of probation immediately inform the court of the failure of a probationer to comply with the rules, regulations and orders of the intensive probation program with provisions requiring any defendant who fails to comply with the conditions of his intensive probation to be presented to the court for a hearing and provisions specifying the options of the sentencing court or judge upon finding the defendant has violated any condition of his intensive probation; P.A. 87-538 reenacted and continued in effect on and after July 1, 1987, the provisions of this section previously effective from June 13, 1984, until July 1, 1987; P.A. 89-383 amended Subsec. (b) to delete from the stated purposes of intensive probation the removal of convicted persons from incarceration and added Subsec. (c) authorizing the director to establish a community service program, specifying the nature of the program and specifying the director's duties if he establishes such a program; P.A. 90-213 amended Subsec. (c) to authorize the establishment of a community service labor program and to require the director prior to the establishment of such program to certify that all anticipated costs can be paid for within available appropriations and added Subsec. (d) requiring the director to establish a program for the high level supervision of probationers by probation offices, providing for the funding of such program and authorizing an increase in the caseload if funding is reduced; P.A. 90-261 amended Subsec. (b) to delete the intensive probation caseload limit of twenty probationers per probation officer and the requirement that each week the officer have at least three contacts with each probationer and one or more collateral contacts, to delete the requirement that the director inform a court which ordered a sentenced defendant discharged on intensive probation of the progress of such probationer, to make the requirement of periodic drug or alcohol testing applicable to those probationers "on intensive probation", to provide that a defendant is "placed" rather than "discharged" on intensive probation, and to replace the provision that "Persons may only be placed in the intensive probation program pursuant to an order of a court or judge under section 53a-39" with "Persons may be placed on intensive probation pursuant to an order of a court or judge under section 53a-30 or 53a-39a, or as required by the office of adult probation"; P.A. 02-132 amended Subsec. (a) by deleting provisions re Director of Probation and re appointment and salaries of probation officers and other employees, adding provisions re responsibilities of the executive director of the Court Support Services Division and making technical changes, amended Subsec. (b) by replacing "Director of Probation shall establish within the Office of Adult Probation" with "Judicial Department shall establish within the Court Support Services Division", deleting provisions re separate operation of program and re sharing of facilities and administrative services, replacing "director" with "executive director of the Court Support Services Division" and replacing "Office of Adult Probation" with "Court Support Services Division", amended Subsec. (c) by replacing "Director of Probation" with "executive director of the Court Support Services Division", replacing "Office of Adult Probation" with "Court Support Services Division" and deleting provisions re duties of Director of Probation and amended Subsec. (d) by replacing "Director of Probation" with "executive director of the Court Support Services Division" and replacing "Office of Adult Probation" with "Court Support Services Division".

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      Secs. 54-106 and 54-107. General Assembly to provide for expenses; central office; quarters. Appointment of probation officers. Sections 54-106 and 54-107 are repealed, effective October 1, 2002.

      (1949 Rev., S. 8833; 1955, S. 3334d; 1955, June, 1955, S. 3335d; November, 1955, S. N231; P.A. 76-436, S. 556, 681; P.A. 77-562, S. 1, 2; 77-614, S. 281, 282, 610; P.A. 79-585, S. 13, 15; 79-631, S. 35, 111; P.A. 80-483, S. 138, 186; P.A. 87-496, S. 107, 110; P.A. 02-132, S. 45, 82.)

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      Sec. 54-108. Duties of probation officers. Probation officers shall investigate all cases referred to them for investigation by the director or by the court. They shall furnish to each person released under their supervision a written statement of the conditions of probation and shall instruct him regarding the same. They shall keep informed of his conduct and condition and use all suitable methods to aid and encourage him and to bring about improvement in his conduct and condition. Probation officers shall collect and disburse all moneys in accordance with the orders of the judges of the court; shall keep accurate and complete accounts of all moneys received and disbursed in accordance with such orders and shall give receipts therefor, and shall make such reports in writing as the court or director may require. They shall send a record of all probations to the director. Whenever any minor has been arrested, the probation officer shall, as soon after the arrest as practicable, be notified by the police in order that he may, before the trial, ascertain the facts in the case. Pending such investigation the court may commit the accused to the custody of the probation officer. Whenever a minor is in default of bail and is committed to a community correctional center, the Superior Court or, if such court is not in session, any judge thereof, upon application and after notice to the prosecuting authority of the court may order that such minor be committed to the custody of a probation officer pending the disposition of the case. Any such order shall be filed with the clerk of such court, and a certified copy thereof filed with the Community Correctional Center Administrator shall be sufficient warrant for the release of such minor to the custody of the probation officer. Any interference with any probation officer or with any person placed in his charge shall render the person so interfering liable to the provisions of section 53a-167a.

      (1949 Rev., S. 8834, 8835; 1955, S. 3336d; 1959, P.A. 28, S. 155; 1963, P.A. 642, S. 76; 1969, P.A. 297; P.A. 74-183, S. 155, 291; 74-338, S. 37, 94; P.A. 76-436, S. 557, 681.)

      History: 1959 act substituted circuit court for municipal court or trial justice; 1963 act updated statute, excluding court of common pleas and reference to appeal by minor and substituting state jail administrator for jailer; 1969 act substituted community correctional centers and their administrators for jails and their administrators; P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system, and substituted "section 53a-167a" for "section 53-165", effective December 31, 1974; P.A. 74-338 repeated change in section reference enacted by P.A. 74-183; P.A. 76-436 reworded section to reflect transfer of all trial jurisdiction to superior court, deleting references implying other courts' jurisdiction, effective July 1, 1978.

      Cited. 207 C. 152, 171. 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.

      Cited. 31 CA 660, 667. Section does not provide remedy for failure of probation officer to comply with the statute and does not require that defendant's signature be on conditions of probation. Section is directory and not mandatory and violation of statute by probation officer does not excuse defendant from requirement that he not violate a condition of probation as long as probation officer advised defendant of conditions of his probation and consequences of violating those conditions. 55 CA 622. Section is directory and not mandatory and violation of section by probation officer does not excuse defendant from requirement that he not violate a condition of probation. 58 CA 153.

      Cited. 42 CS 574, 597.

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      Sec. 54-108a. Supervision of probationers. Section 54-108a is repealed, effective October 1, 2002.

      (P.A. 98-38; P.A. 02-132, S. 82.)

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      Sec. 54-108b. Risk assessment and monitoring standards developed by Chief Court Administrator. The Chief Court Administrator shall develop a system to accurately assess the risk that an individual under the supervision of an adult probation officer has to the community and shall develop classification categories and standards of monitoring for such individuals based upon the assessment. The purpose of the classification system shall be to ensure close supervision and restriction, public safety, effective alternatives to incarceration and maximum rehabilitation of persons placed in the community under the supervision of an adult probation officer.

      (June Sp. Sess. P.A. 00-1, S. 33, 46.)

      History: June Sp. Sess. P.A. 00-1 effective July 1, 2000.

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      Secs. 54-109 and 54-109a. Transferred to Secs. 54-91a and 54-91b, respectively.

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      Secs. 54-110 to 54-119. Report on person with prior conviction. Restitution investigation and report. Information to be included in report. Appointment of restitution specialists and other personnel. Optional treatment of person found guilty of crime. Probation or suspension of sentence, generally. Penalty for common law high crimes and misdemeanors. Punishment upon second and third conviction. Second and subsequent convictions of crimes while armed with firearm. Additional penalties for conviction of crimes while armed with firearm. Court may impose additional sentence. Sections 54-110 to 54-119, inclusive, are repealed.

      (1949 Rev., S. 8819-8821, 8836, 8837; 1955, S. 3338d-3341d; 1957, P.A. 287, S. 1, 2; 580, S. 1; 639, S. 2; 1959, P.A. 28, S. 204; 615, S. 15; 1963, P.A. 170; 368; 1969, P.A. 605, S. 1, 2; 828, S. 214; 1971, P.A. 871, S. 129; P.A. 78-188, S. 1-3, 8; P.A. 80-313, S. 61; P.A. 82-298, S. 9.)

      See Sec. 51-56a(b),(c) re remission of certain fines to towns and re imposition of additional fines for police training.

      See Secs. 53a-28 to 53a-39, inclusive, re sentencing.

      See Sec. 53a-40 to 53a-40f, inclusive, re persistent offenders.

      See Secs. 53a-41 to 53a-44, inclusive, re fines.

      See Secs. 53a-59, 53a-60 re assault in first and second degrees.

      See Sec. 53a-62 re threatening.

      See Sec. 54-72 re fines, forfeitures and penalties as property of state and procedures for their recovery.

      See Sec. 54-189 re inapplicability of second or subsequent offense penalties.

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      Sec. 54-120. Transferred to Sec. 54-92a.

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      Sec. 54-121. Indeterminate sentence. Section 54-121 is repealed.

      (1949 Rev., S. 8825; 1969, P.A. 828, S. 214.)

      See Sec. 53a-35 re imprisonment as punishment for felonies committed before July 1, 1981, re indeterminate sentences and maximum and minimum terms.

      See Sec. 53a-40 re persistent offenders.

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      Sec. 54-122. Transferred to Sec. 54-92b.

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      Sec. 54-123. Transportation of prisoner discharged from jail. Section 54-123 is repealed.

      (1949 Rev., S. 8824; 1959, P.A. 152, S. 82; 1961, P.A. 580, S. 19; 1967, P.A. 152, S. 46.)

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      Sec. 54-123a. Judicial Department duties re alternative sanctions and incarceration programs. The Judicial Department shall:

      (1) Oversee and coordinate the implementation of alternative sanctions for both the regular criminal docket and the docket for juvenile matters of the Superior Court;

      (2) Evaluate the effectiveness of alternative sanctions and their impact on juvenile and adult offenders, prison and jail overcrowding, court backlogs and community safety;

      (3) Plan and establish new alternative sanctions;

      (4) Develop criteria for determining the types of offenders appropriate to receive alternative sanctions and for determining the effectiveness of those sanctions for specific offender populations;

      (5) Contract with nonprofit organizations providing alternative incarceration programs, halfway houses and other similar services;

      (6) Contract for independent evaluations with respect to the use of alternative sanctions;

      (7) Apply for, receive, allocate, disburse and account for grants of funds made available by the United States, the state, foundations, corporations and other businesses, agencies or individuals;

      (8) Enter into agreements with the United States which may be required to obtain federal funds, and do all things necessary to apply or qualify for, accept and distribute any state and federal funds allotted under any federal or state law for alternative incarceration programs;

      (9) Enter into contracts and cooperate with local government units and any combination of such units to carry out the duties imposed by this section;

      (10) Enter into agreements necessary, convenient or desirable for carrying out the purposes of this section with foundations, agencies, corporations and other businesses or individuals; and

      (11) Accept gifts or donations of funds, services, materials or property from any source and use such gifts or donations as is appropriate to implement the provisions of this section.

      (P.A. 90-213, S. 1, 56; P.A. 95-225, S. 36; P.A. 02-132, S. 46.)

      History: P.A. 95-225 amended Subsec. (b) to require in Subdiv. (1) that the office oversee and coordinate the implementation of alternative sanctions "for both the regular criminal docket and the docket for juvenile matters of the Superior Court" and require in Subdiv. (2) that the office evaluate the impact of alternative sanctions on "juvenile and adult" offenders; P.A. 02-132 deleted Subsec. (a) re Office of Alternative Sanctions, deleted Subsec. (b) designator, replaced "The duties and responsibilities of the office shall be to" with "The Judicial Department shall", deleted former Subdiv. (5) re annual report to the General Assembly, renumbered existing Subdivs. (6) to (12) as Subdivs. (5) to (11) and made a technical change.

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      Secs. 54-123b and 54-123c. Advisory committee concerning adult offenders. Advisory committee concerning juvenile offenders. Sections 54-123b and 54-123c are repealed, effective October 1, 2003.

      (P.A. 90-213, S. 2, 56; P.A. 95-225, S. 37, 38; P.A. 02-132, S. 47, 48; P.A. 03-202, S. 25.)

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      Sec. 54-123d. Establishment of alternative incarceration center providing mental health services. (a) The judicial branch may establish, within available appropriations, in the judicial district of New Haven, an alternative incarceration center that, in addition to the programs and services offered by an alternative incarceration center, provides a residential and day reporting program for accused and convicted persons with mental health needs.

      (b) A full range of mental health services shall, within available appropriations, be provided to the program participants. A clinical coordinator shall work with the director of the alternative incarceration center in facilitating timely access to appropriate services and shall develop a network of community, social and vocational rehabilitation supports that will enhance successful program participation and long-term community integration.

      (June Sp. Sess. P.A. 01-9, S. 77, 131.)

      History: June Sp. Sess. P.A. 01-9 effective July 1, 2001.

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      Sec. 54-124. Board of Parole. Appointment and duties of executive secretary. Section 54-124 is repealed.

      (1957, P.A. 461, S. 1, 2; 1959, P.A. 276; 1967 P.A. 152, S. 49; 453, S. 1.)

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      Sec. 54-124a. Board of Pardons and Paroles. (a) There shall be a Board of Pardons and Paroles within the Department of Correction, for administrative purposes only. On and after October 1, 2004, the board shall consist of thirteen members appointed by the Governor with the advice and consent of either house of the General Assembly. In the appointment of the members, the Governor shall endeavor to reflect the racial diversity of the state. The Governor shall appoint a chairperson from among the membership. The chairperson of the board shall be qualified by education, experience and training in the administration of community corrections, parole or pardons.

      (b) The term of each appointed member of the board serving on September 30, 2004, shall expire on said date. The term of each member of the board beginning on or after October 1, 2004, shall be coterminous with the term of the Governor or until a successor is chosen, whichever is later. Any vacancy in the membership of the board shall be filled for the unexpired portion of the term by the Governor.

      (c) The chairperson shall devote full time to the performance of the duties under this section and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40. The other members of said board shall receive one hundred ten dollars for each day spent in the performance of their duties and shall be reimbursed for necessary expenses incurred in the performance of such duties. The chairperson or, in the chairperson's absence or inability to act, a member designated by the chairperson to serve temporarily as chairperson, shall be present at all meetings of said board and participate in all decisions thereof.

      (d) The chairperson shall be the executive and administrative head of said board and shall have the authority and responsibility for (1) overseeing all administrative affairs of the board, (2) adopting policies in all areas of pardons and paroles including, but not limited to, granting pardons, commutations of punishments or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death, risk-based structured decision making and release criteria, (3) consulting with the Department of Correction on shared issues including, but not limited to, prison overcrowding, (4) consulting with the Judicial Department on shared issues of community supervision, and (5) signing and issuing subpoenas to compel the attendance and testimony of witnesses at parole proceedings. Any such subpoena shall be enforceable to the same extent as subpoenas issued pursuant to section 52-143.

      (e) The chairperson may serve on both pardons panels and parole release panels and shall have the authority and responsibility for assigning members to such panels. The chairperson shall assign seven members exclusively to parole release hearings and shall assign five members exclusively to pardons hearings. Except for the chairperson, no member assigned to parole release hearings may be assigned subsequently to pardons hearings and no member assigned to pardons hearings may be assigned subsequently to parole release hearings. Each parole release panel shall be composed of two members and the chairperson or a member designated to serve temporarily as chairperson, for each correctional institution. Such parole release panels shall be the paroling authority for the institutions to which they are assigned and not less than two members shall be present at each parole hearing. Each pardons panel shall be composed of three members, one of whom may be the chairperson, except that for hearings on commutations from the penalty of death, one member of the panel shall be the chairperson.

      (f) The Board of Pardons and Paroles shall have independent decision-making authority to (1) grant or deny parole in accordance with sections 54-125, 54-125a, 54-125e and 54-125g, (2) establish conditions of parole or special parole supervision in accordance with section 54-126, (3) rescind or revoke parole or special parole in accordance with sections 54-127 and 54-128, (4) grant commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death in accordance with section 18-26.

      (g) The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the Board of Pardons and Paroles during such person's period of parole or special parole.

      (h) The chairperson, or the chairperson's designee, and two members of the board shall conduct all parole release hearings and shall approve or deny all parole releases recommended by an employee of the board pursuant to section 54-125b, and all parole revocations and parole rescissions recommended by an employee of the board pursuant to section 54-127a.

      (i) The chairperson of the board shall appoint an executive director. The executive director shall oversee the administration of the agency and, at the discretion of the chairperson, shall: (1) Direct and supervise all administrative affairs of the board, (2) prepare the budget and annual operation plan, (3) assign staff to administrative reviews, (4) organize pardons and parole release hearing calendars, (5) implement a uniform case filing and processing system, and (6) create programs for staff and board member development, training and education.

      (j) The chairperson, in consultation with the executive director, shall adopt regulations, in accordance with chapter 54, concerning:

      (1) Parole revocation and rescission hearings that include implementing due process requirements;

      (2) An administrative pardons process that allows an applicant convicted of a crime to be granted a pardon with respect to such crime without a hearing, unless a victim of such crime requests such a hearing, if such applicant was:

      (A) Convicted of a misdemeanor and (i) such conduct no longer constitutes a crime, (ii) such applicant was under twenty-one years of age at the time of conviction and has not been convicted of a crime during the ten years preceding the date on which the pardon is granted, or (iii) such conviction occurred prior to the effective date of the establishment of a program under sections 17a-692 to 17a-701, inclusive, section 46b-38c, 53a-39a, 53a-39c, 54-56e, 54-56g, 54-56i or 54-56j for which the applicant would have been eligible had such program existed at the time of conviction, provided the chairperson determines the applicant would likely have been granted entry into such program; or

      (B) Convicted of a violation of section 21a-277, 21a-278 or 21a-279 and such applicant has not been convicted of a crime during the five years preceding the date on which the pardon is granted, provided such date is at least five years after the date of such conviction or such applicant's release from incarceration, whichever is later; and

      (3) Requiring board members assigned to pardons hearings to issue written statements containing the reasons for rejecting any application for a pardon.

      (k) The Board of Pardons and Paroles shall hold a pardons hearing at least once every three months and shall hold such hearings in various geographical areas of the state. The board shall not hold a pardons hearing within or on the grounds of a correctional facility except when solely for the benefit of applicants who are incarcerated at the time of such hearing.

      (l) The chairperson and executive director shall establish:

      (1) In consultation with the Department of Correction, a parole orientation program for all parole-eligible inmates upon their transfer to the custody of the Commissioner of Correction that will provide general information on the laws and policies regarding parole release, calculation of time-served standards, general conditions of release, supervision practices, revocation and rescission policies, and procedures for administrative review and panel hearings, and any other information that the board deems relevant for preparing inmates for parole; and

      (2) An incremental sanctions system for parole violations including, but not limited to, reincarceration based on the type, severity and frequency of the violation and specific periods of incarceration for certain types of violations.

      (m) In the event of the temporary inability of any member other than the chairperson to perform his or her duties, the Governor, at the request of the board, may appoint a qualified person to serve as a temporary member during such period of inability.

      (n) The chairperson of the Board of Pardons and Paroles shall: (1) Adopt an annual budget and plan of operation, (2) adopt such rules as deemed necessary for the internal affairs of the board, (3) adopt regulations, in accordance with chapter 54, for the administration of the Interstate Parole Compact, and (4) submit an annual report to the Governor and General Assembly.

      (1967, P.A. 152, S. 48; 1969, P.A. 537, S. 1; 1971, P.A. 230; 1972, P.A. 23, S. 1; P.A. 74-338, S. 57, 94; P.A. 77-614, S. 134, 610; P.A. 79-560, S. 32, 39; June Sp. Sess. P.A. 83-18; P.A. 93-219, S. 3, 14; P.A. 94-183, S. 1, 3; May 25 Sp. Sess. P.A. 94-1, S. 64, 130; P.A. 95-189, S. 1, 2; P.A. 98-234, S. 1, 5; June 30 Sp. Sess. P.A. 03-6, S. 161; P.A. 04-234, S. 1.)

      History: 1969 act specified that board of parole is autonomous body within department of correction solely for fiscal and budgetary purposes, increased membership from seven to nine and provided for their appointment, updated previous appointment provisions to provide ongoing applicability, deleted provision requiring three members for quorum and added provisions re assignment of members to panels and duties of panels; 1971 act deleted obsolete provision re appointment of additional members enacted in 1969 and added provision re appointment of temporary members; 1972 act increased membership to eleven and provided for their appointment; P.A. 74-338 deleted obsolete provision re initial appointment of additional members provided for in 1972 act; P.A. 77-614 provided for compensation of chairman as determined by commissioner of administrative services rather than by personnel policy board; P.A. 79-560 specified that board is within department of correction for "administrative" rather than for "fiscal and budgetary" purposes; June Sp. Sess. P.A. 83-18 increased the per diem compensation of members from seventy-five to one hundred ten dollars; P.A. 93-219 inserted Subsec. indicators, amended Subsec. (a) to increase the number of members on and after July 1, 1994, from eleven to thirteen, require the chairman to be qualified by training, experience or education in law, criminal justice, parole matters or other related fields and require the governor to endeavor to reflect the racial diversity of the state when making appointments, added a new Subsec. (b) to require the term of the chairman to be coterminous with that of the governor, provide that the terms of all other members expire on July 1, 1994, that on and after said date six members shall be appointed for two years and six members appointed for four years and that thereafter all members shall serve for terms of four years and require the governor to fill any vacancy, amended Subsec. (d) to set forth the powers and duties of the chairman and added a new Subsec. (g) to set forth the duties of the board, effective July 1, 1994; P.A. 94-183 and May 25 Sp. Sess. P.A. 94-1 both amended Subsec. (a) to delete provision that the board of parole "shall be an autonomous body and within the department of correction for administrative purposes only", effective July 1, 1994; P.A. 95-189 amended Subsec. (d) to add a new Subdiv. (10) re noninstitutional, community-based service programs, renumbering former Subdiv. (10) as Subdiv. (11), effective July 1, 1995; P.A. 98-234 amended Subsec. (a) to increase the number of members on and after July 1, 1998 from thirteen to fifteen, provide for the appointment of two vice-chairmen and make the provision re qualifications of the chairman also applicable to the vice-chairmen, amended Subsec. (b) to provide that the term of each vice-chairman shall be the same as that of the chairman, amended Subsec. (c) to make provision re performance of duties by and compensation of the chairman also applicable to the vice-chairmen, and amended Subsec. (d) to add Subdiv. (12) authorizing the signing and issuing of subpoenas and add provision that any such subpoena shall be enforceable to the same extent as subpoenas issued under Sec. 52-143, effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to place board "within the Department of Correction" and delete an obsolete date, amended Subsec. (c) to delete requirement that the vice-chairmen devote their entire time to the performance of their duties and replace "entire time" with "full time" and amended Subsec. (d) to delete provision that designated the chairman as the executive and administrative head of the board, designate the Commissioner of Correction rather than the chairman as the person having the authority and responsibility for the duties set forth in said Subsec., delete former Subdiv. (11) re consulting with the Department of Correction on shared issues including, but not limited to, prison overcrowding, and redesignate existing Subdiv. (12) as new Subdiv. (11), effective August 20, 2003; P.A. 04-234 amended Subsec. (a) to rename "Board of Parole" as "Board of Pardons and Paroles", provide that board is within Department of Correction "for administrative purposes only", provide that on and after October 1, 2004, board shall consist of thirteen rather than fifteen members, require that all thirteen members, rather than only chairman and two vice-chairmen, be appointed by the Governor with advice and consent of either house of the General Assembly, provide that chairperson shall be qualified by education, experience and training "in the administration of community corrections, parole or pardons" rather than "in law, criminal justice, parole matters or other related fields", delete provision re qualifications of vice-chairmen and other members and add provision requiring the Governor to appoint chairperson from among membership, amended Subsec. (b) to add provision that term of each appointed member of board serving on September 30, 2004, shall expire on that date, provide that term of each member of board beginning on or after October 1, 2004, rather than only term of chairman and each vice-chairman, shall be coterminous with term of the Governor, and delete provision re appointment on or after July 1, 1994, of members other than chairman for staggered terms, amended Subsec. (c) to make technical changes, amended Subsec. (d) to designate chairperson rather than Commissioner of Correction as person having authority and responsibility for duties set forth in said Subsec., provide that chairperson shall be executive and administrative head of the board, replace in Subdiv. (1) "directing and supervising" with "overseeing", delete former Subdivs. (2) to (5), inclusive, to reflect transfer of duties to executive director under new Subsec. (i)(2) to (5), redesignate existing Subdiv. (6) as new Subdiv. (2) and amend said Subdiv. to replace "establishing policy in all areas of parole including, but not limited to, decision making, release criteria and supervision standards" with "adopting policies in all areas of pardons and paroles including, but not limited to, granting pardons, commutations of punishments or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death, risk-based structured decision-making and release criteria", delete former Subdiv. (7) re establishing specialized parole units, delete former Subdiv. (8) re entering into contracts with service providers, community programs and consultants, delete former Subdiv. (9) to reflect transfer of duty to executive director under new Subsec. (i)(6), delete former Subdiv. (10) re establishing, developing and maintaining noninstitutional, community-based service programs, add new Subdiv. (3) re consulting with Department of Correction on shared issues including, but not limited to, prison overcrowding, add new Subdiv. (4) re consulting with Judicial Department on shared issues of community supervision, and redesignate existing Subdiv. (11) re subpoenas as new Subdiv. (5), amended Subsec. (e) to authorize chairperson to serve on both pardons panels and parole release panels, require chairperson to assign seven members exclusively to parole release hearings and five members exclusively to pardons hearings, prohibit member assigned to one type of hearing to be subsequently assigned to other type of hearing, add provision re composition of each pardons panel and make technical changes, added new Subsec. (f) re independent decision-making authority of the board, added new Subsec. (g) re responsibility of Department of Correction for supervision of persons on parole or special parole, added new Subsec. (h) re conduct of parole release hearings and approval or denial of all parole releases, revocations and rescissions recommended by employee of board, added new Subsec. (i) re appointment and powers of executive director, added new Subsec. (j) re adoption of regulations re parole revocation and rescission hearings, an administrative pardons process and requiring written statement re reasons for rejecting pardons application, added new Subsec. (k) re frequency and location of pardons hearings, added new Subsec. (l) re establishment of parole orientation program and incremental sanctions system for parole violations, redesignated existing Subsec. (f) as Subsec. (m) and amended said Subsec. to make a technical change, and redesignated existing Subsec. (g) as Subsec. (n) and amended said Subsec. to replace "The Board of Parole" with "The chairperson of the Board of Pardons and Paroles" and replace in Subdiv. (3) "develop policy for and administer the operation" of the Interstate Parole Compact with "adopt regulations, in accordance with chapter 54, for the administration" of said compact, effective July 1, 2004.

      See Sec. 4-38f for definition of "administrative purposes only".

      Cited. 170 C. 124, 129. Cited. 171 C. 691, 696.

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      Sec. 54-124b. Caseload of parole officers. The chairman of the Board of Pardons and Paroles, in consultation with the members of the board and representatives of parole officers, shall annually review and establish goals for parole officer to parolee caseload ratio.

      (1967, P.A. 152, S. 50; 1972, P.A. 112, S. 1; P.A. 90-261, S. 6, 19; P.A. 93-219, S. 7, 14; P.A. 94-183, S. 2, 3; May 25 Sp. Sess. P.A. 94-1, S. 65, 130; P.A. 04-234, S. 2.)

      History: 1972 act deleted proviso which had made superintendent of Niantic correctional facility responsible for direction and control of parole of women; P.A. 90-261 designated existing provisions as Subsec. (a) and added Subsec. (b) establishing a maximum caseload of twenty-five parolees per supervisor on and after July 1, 1995; P.A. 93-219 amended Subsec. (a) to delete responsibility of commissioner to "carry out field services, parolee supervision and other duties requisite to the proper administration of the parole process" and amended Subsec. (b) to replace provision establishing a maximum caseload of twenty-five parolees per supervisor as of July 1, 1995, with requirement that the chairman of the board of parole, in consultation with board members and representatives of parole officers, annually review and establish goals for parole officer to parolee caseload ratio, effective July 1, 1994; P.A. 94-183 and May 25 Sp. Sess. P.A. 94-1 both deleted Subsec. (a) that had required the commissioner of correction to furnish all necessary clerical, administrative and fiscal services to the board of parole, effective July 1, 1994; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Cited. 170 C. 129.

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      Sec. 54-124c. Responsibility of the Department of Correction for supervision of persons released from confinement. Notwithstanding any provision of the general statutes, the Department of Correction shall be responsible for the supervision of all persons released from confinement in a correctional institution or facility into the community, until their sentence to the custody of the Commissioner of Correction is completed.

      (P.A. 93-219, S. 6, 14; P.A. 04-234, S. 32.)

      History: P.A. 93-219 effective July 1, 1993; P.A. 04-234 replaced "Board of Parole" with "Department of Correction", deleted obsolete date and deleted exception for "persons released pursuant to section 18-100c", effective June 8, 2004.

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      Sec. 54-124d. Criminal history records check of Board of Parole personnel. Section 54-124d is repealed, effective June 14, 2004.

      (P.A. 01-175, S. 29, 32; P.A. 04-257, S. 135.)

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      Sec. 54-124e. Board of Pardons and Paroles as successor department to Board of Pardons and Board of Parole. (a) The Board of Pardons and Paroles shall be a successor department to the Board of Pardons and the Board of Parole in accordance with the provisions of sections 4-38d and 4-39.

      (b) Wherever the words "Board of Pardons" or "Board of Parole" are used in the general statutes or the public acts of 2003 and 2004, the words "Board of Pardons and Paroles" shall be substituted in lieu thereof.

      (c) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.

      (P.A. 04-234, S. 2.)

      History: P.A. 04-234 effective July 1, 2004.

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      Sec. 54-125. Parole of prisoner serving indeterminate sentence. Any person confined for an indeterminate sentence, after having been in confinement under such sentence for not less than the minimum term, or, if sentenced for life, after having been in confinement under such sentence for not less than the minimum term imposed by the court, less such time as may have been earned under the provisions of section 18-7, may be allowed to go at large on parole in the discretion of the panel of the Board of Pardons and Paroles for the institution in which the person is confined, if (1) it appears from all available information, including such reports from the Commissioner of Correction as such panel may require, that there is reasonable probability that such inmate will live and remain at liberty without violating the law and (2) such release is not incompatible with the welfare of society. Such parolee shall be allowed in the discretion of such panel to return to his home or to reside in a residential community center, or to go elsewhere, upon such terms and conditions, including personal reports from such paroled person, as such panel prescribes, and to remain, while on parole, in the legal custody and control of the board until the expiration of the maximum term or terms for which he was sentenced. Any parolee released on condition that he reside in a residential community center may be required to contribute to the cost incidental to such residence. Each order of parole shall fix the limits of the parolee's residence, which may be changed in the discretion of such panel. Within one week after the commitment of each person sentenced for more than one year during any criminal term of the Superior Court, the state's attorney of each county and judicial district shall send to the Board of Pardons and Paroles the record, if any, of such person. In the case of an inmate serving a sentence at the John R. Manson Youth Institution, Cheshire, or at the Connecticut Correctional Institution, Niantic, the Board of Pardons and Paroles shall establish, by rule, the date upon which said board shall notify the inmate that his eligibility for parole will be considered. At any time prior thereto the Commissioner of Correction may recommend that parole be granted and, under special and unusual circumstances, the commissioner may recommend that an inmate be discharged from the institution.

      (1949 Rev., S. 8827; 1957, P.A. 461, S. 4; 1967, P.A. 152, S. 51; 1969, P.A. 575; 1971, P.A. 781, S. 2; 825; 1972, P.A. 25, S. 1; P.A. 73-116, S. 30; 73-667, S. 1, 2; P.A. 76-336, S. 7; P.A. 80-442, S. 26, 28; P.A. 86-186, S. 19; P.A. 04-234, S. 2.)

      History: 1967 act, effective July 1, 1968, included State Prison for Women, required quorum rather than majority of board to parole prisoner, deleted provisions for notice to State Prison inmate of parole eligibility and for notice to and action by state's attorney relative to paroles and added provisions re determination of date on which inmate will be notified of parole eligibility in cases involving indeterminate sentences at Connecticut Reformatory or Connecticut State Farm for Women and re superintendent's power to recommend early parole or discharge; 1969 act substituted references to Connecticut Correctional Institutions at Somers, Niantic and Cheshire for references to State Prison, State Prison or State Farm for Women and Connecticut Reformatory; 1971 acts added references to parole to residence in residential community center and replaced superintendent with commissioner of correction; 1972 act amended section to reflect parole powers vested in panels of parole board where previously parole powers were vested in the entire board acting if quorum was present; P.A. 73-116 referred to judicial districts generally, deleting specific reference to actions of state's attorney in judicial district of Waterbury; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 76-336 deleted specific references to the various correctional institutions, allowed parole of person sentenced for life after serving minimum term imposed by court rather than after serving twenty-five years and specified that records of persons sentenced for more than one year be sent to parole board where previously such records were required to be sent in all cases; P.A. 80-442 deleted provision which allowed reduction of minimum sentence by not more than five years; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire, to the John R. Manson Youth Institution, Cheshire; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Cited. 126 C. 220; 145 C. 60; 152 C. 601. Cited. 168 C. 389. Cited. 169 C. 263, 266. Cited. 170 C. 129. Cited. 171 C. 691, 696-698. Cited. 172 C. 126, 131. Cited. 196 C. 655, 658, 659. Cited. 210 C. 519, 529. Cited. 213 C. 38, 48. To establish a cognizable claim under the ex post facto clause, habeas petitioner need only make a colorable showing that new law creates a genuine risk that petitioner will be incarcerated longer under the new law than under the old. 258 C. 804. Cited. Id., 830.

      Cited. 24 CA 612, 618, 619. Section "creates no protected constitutional or statutory liberty interest in parole release that gives rise to a claim of illegal confinement in a habeas corpus action". 26 CA 132, 140, 142.

      Cited. 4 CS 365; 25 CS 477; 26 CS 176, 181. Where defendant sentenced as second offender asked review division to reduce his maximum term on ground that parole board had denied him parole, held it is not function of division thus to pass on actions of parole board. Id., 196. Cited. 27 CS 327. Parolee, arrested on another charge, may be held without bail for reasonable time until board can convene, because restraint from violation of law is a condition of release. 29 CS 104. Life sentence reduced in accordance with section 18-7 only. 30 CS 20. Cited. 31 CS 350. Cited. 43 CS 13, 21. Cited. 44 CS 417.

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      Sec. 54-125a. Parole of inmate serving sentence of more than two years. Eligibility. Hearing to determine suitability for parole release of certain inmates. (a) A person convicted of one or more crimes who is incarcerated on or after October 1, 1990, who received a definite sentence or aggregate sentence of more than two years, and who has been confined under such sentence or sentences for not less than one-half of the aggregate sentence or one-half of the most recent sentence imposed by the court, whichever is greater, may be allowed to go at large on parole in the discretion of the panel of the Board of Pardons and Paroles for the institution in which the person is confined, if (1) it appears from all available information, including any reports from the Commissioner of Correction that the panel may require, that there is reasonable probability that such inmate will live and remain at liberty without violating the law, and (2) such release is not incompatible with the welfare of society. At the discretion of the panel, and under the terms and conditions as may be prescribed by the panel including requiring the parolee to submit personal reports, the parolee shall be allowed to return to the parolee's home or to reside in a residential community center, or to go elsewhere. The parolee shall, while on parole, remain under the jurisdiction of the board until the expiration of the maximum term or terms for which the parolee was sentenced. Any parolee released on the condition that the parolee reside in a residential community center may be required to contribute to the cost incidental to such residence. Each order of parole shall fix the limits of the parolee's residence, which may be changed in the discretion of the board and the Commissioner of Correction. Within three weeks after the commitment of each person sentenced to more than one year, the state's attorney for the judicial district shall send to the Board of Pardons and Paroles the record, if any, of such person.

      (b) (1) No person convicted of any of the following offenses, which was committed on or after July 1, 1981, shall be eligible for parole under subsection (a) of this section: Capital felony, as provided in section 53a-54b, felony murder, as provided in section 53a-54c, arson murder, as provided in section 53a-54d, murder, as provided in section 53a-54a, or aggravated sexual assault in the first degree, as provided in section 53a-70a. (2) A person convicted of an offense, other than an offense specified in subdivision (1) of this subsection, where the underlying facts and circumstances of the offense involve the use, attempted use or threatened use of physical force against another person shall be ineligible for parole under subsection (a) of this section until such person has served not less than eighty-five per cent of the definite sentence imposed.

      (c) The Board of Pardons and Paroles shall, not later than July 1, 1996, adopt regulations in accordance with chapter 54 to ensure that a person convicted of an offense described in subdivision (2) of subsection (b) of this section is not released on parole until such person has served eighty-five per cent of the definite sentence imposed by the court. Such regulations shall include guidelines and procedures for classifying a person as a violent offender that are not limited to a consideration of the elements of the offense or offenses for which such person was convicted.

      (d) The Board of Pardons and Paroles shall hold a hearing to determine the suitability for parole release of any person whose eligibility for parole release is not subject to the provisions of subsection (b) of this section upon completion by such person of seventy-five per cent of such person's definite or aggregate sentence. An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall reassess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. After hearing, if the board determines that continued confinement is necessary, it shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. The decision of the board under this subsection shall not be subject to appeal.

      (e) The Board of Pardons and Paroles shall hold a hearing to determine the suitability for parole release of any person whose eligibility for parole release is subject to the provisions of subdivision (2) of subsection (b) of this section upon completion by such person of eighty-five per cent of such person's definite or aggregate sentence. An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall assess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. After hearing, if the board determines that continued confinement is necessary, it shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. The decision of the board under this subsection shall not be subject to appeal.

      (f) Any person released on parole under this section shall remain in the custody of the Commissioner of Correction and be subject to supervision by personnel of the Department of Correction during such person's period of parole.

      (P.A. 90-261, S. 5; P.A. 92-114; P.A. 93-219, S. 2, 14; P.A. 94-37, S. 2; P.A. 95-255, S. 1-3; P.A. 99-196, S. 2; June Sp. Sess. P.A. 01-9, S. 74, 131; P.A. 04-234, S. 2, 3.)

      History: P.A. 92-114 amended Subsec. (a) to make eligible for parole a person convicted of "one or more crimes" who received "a definite sentence or aggregate sentence of more than one year and has been confined under such sentence or sentences for not less than one-half of the aggregate sentence or one-half of the most recent sentence imposed by the court, whichever is greater", rather than only a person convicted of "a felony" who received "a definite sentence of more than one year who has been confined under such sentence for not less than one-half of the sentence imposed by the court"; P.A. 93-219 amended Subsec. (a) to limit parole eligibility to persons who received a sentence of more than two years, rather than more than one year, effective July 1, 1993; P.A. 94-37 amended Subsec. (b) to make ineligible for parole a person convicted of an offense committed with a firearm in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school; P.A. 95-255 amended Subsec. (b) to add Subdiv. (2) re parole eligibility of persons convicted of offenses involving the use, attempted use or threatened use of physical force, designating existing provision re parole ineligibility of certain offenders as Subdiv. (1) and existing provision re parole eligibility of persons convicted of offenses carrying a mandatory minimum sentence as Subdiv. (3), effective July 1, 1996, and added Subsec. (c) requiring the Board of Parole to adopt regulations re the classification and release of violent offenders, effective July 1, 1995; P.A. 99-196 amended Subsec. (b) to delete Subdiv. (3) re parole eligibility date of a person convicted of an offense carrying a mandatory minimum sentence; June Sp. Sess. P.A. 01-9 added Subsec. (d) requiring the Board of Parole to submit reports re the number of persons whose eligibility for parole release is subject to Subsec. (a) and who have completed seventy-five per cent of their definite sentence but have not been approved for parole release and made technical changes for purposes of gender neutrality in Subsec. (a), effective July 1, 2001; P.A. 04-234 amended Subsec. (a) to provide that parolee shall, while on parole, remain "under the jurisdiction" of board rather than "in the legal custody" of board and provide that limits of parolee's residence may be changed in discretion of "the board and the Commissioner of Correction" rather than in discretion of "such panel", amended Subsec. (b) to delete provision making ineligible for parole a person convicted of offense committed with a firearm in or on, or within one thousand five hundred feet of an elementary or secondary school, add provision making ineligible for parole a person convicted of aggravated assault in the first degree, as provided in Sec. 53a-70a and make technical changes, deleted former Subsec. (d) requiring Board of Parole to submit reports re the number of persons whose eligibility for parole release is subject to Subsec. (a) and who have completed seventy-five per cent of their definite sentence but have not been approved for parole release, added new Subsec. (d) to require board to hold hearing to determine suitability for parole release of any person whose eligibility for parole release is not subject to Subsec. (b) upon completion of seventy-five per cent of such person's sentence, require employee or panel to reassess suitability for parole release of such a person, specify standards for reassessment, require board to articulate for the record its reasons if it determines that continued confinement is necessary and provide that decision of board is not appealable, added new Subsec. (e) to require board to hold hearing to determine suitability for parole release of any person whose eligibility for parole release is not subject to Subsec. (b)(2) upon completion of eighty-five per cent of such person's sentence, require employee or panel to assess suitability for parole release of such a person, specify standards for reassessment, require board to articulate for the record its reasons if it determines that continued confinement is necessary and provide that decision of board is not appealable and added new Subsec. (f) to provide that a person remains in custody of Commissioner of Correction and is subject to supervision by personnel of Department of Correction while on parole, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      See Sec. 18-100c re release of inmates with sentences of two years or less.

      Cited. 44 CS 417.

      Subsec. (b):

      Requirement under Subdiv. (2) that a person shall remain ineligible for parole until completing not less than eighty-five per cent of the definite sentence imposed not applicable to persons who committed offenses prior to July 1, 1996. 258 C. 804. Cited. Id., 830.

      Defendant's guilty plea for murder charge remains effective, even when trial court, in accepting guilty plea, failed to advise defendant that murder conviction would make him ineligible for parole pursuant to Subdiv. (1), as long as record indicates that defendant understood actual sentencing possibilities. 53 CA 90.

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      Sec. 54-125b. Parole of prisoner after administrative review without a hearing. (a) A person whose eligibility for parole release is not subject to the provisions of subsection (b) of section 54-125a may be allowed to go on parole in accordance with section 54-125a or 54-125g without a parole hearing being conducted by a panel of the Board of Pardons and Paroles if (1) an employee of the Board of Pardons and Paroles has reviewed the inmate's case and recommended parole be granted to such person, and (2) such recommendation has been approved by at least two members of a panel of the board. A parole hearing shall be conducted by a panel of the Board of Pardons and Paroles if the chairperson of the board deems such a hearing to be necessary or if a victim, as defined in sections 54-201 and 54-226, requests such a hearing.

      (b) The chairperson of the Board of Pardons and Paroles shall adopt regulations, in accordance with chapter 54, to establish criteria and procedures for the administrative review and release of inmates without a parole hearing as provided in this section.

      (P.A. 93-219, S. 5, 14; P.A. 00-86; P.A. 04-234, S. 2, 4.)

      History: P.A. 93-219 effective July 1, 1993; P.A. 00-86 amended Subsec. (a) to add reference to Sec. 54-125g and amended Subsec. (b) to prohibit the release of a person who "has more than three years remaining on his or her sentence" rather than "is serving a sentence or sentences of more than four years" and to make a technical change for purposes of gender neutrality; P.A. 04-234 amended Subsec. (a) to make provisions applicable to a person "whose eligibility for parole release is not subject to the provisions of subsection (b) of section 54-125a" and to require a parole hearing by a panel of the board "if the chairperson of the board deems such a hearing to be necessary", deleted former Subsec. (b) prohibiting the release of an inmate pursuant to Subsec. (a) if the inmate had been convicted of certain specified violations or had more than three years remaining on the inmate's sentence and redesignated existing Subsec. (c) as new Subsec. (b) and amended said Subsec. to specify that the "chairperson" of the board shall adopt regulations, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-125c. Sexual offender treatment as precondition for parole hearing. The Board of Pardons and Paroles, within available appropriations, may require an inmate to undergo specialized sexual offender treatment for at least one year before the board will schedule a date for a hearing to consider such inmate's eligibility for parole.

      (P.A. 95-142, S. 8; P.A. 04-234, S. 2.)

      History: P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-125d. Deportation parole of aliens. (a) The Board of Pardons and Paroles shall enter into an agreement with the United States Immigration and Naturalization Service for the deportation of parolees who are aliens as described in 8 USC 1252a(b)(2) and for whom an order of deportation has been issued pursuant to 8 USC 1252(b) or 8 USC 1252a(b).

      (b) The Department of Correction shall determine those inmates who shall be referred to the Board of Pardons and Paroles based on intake interviews by the department and standards set forth by the United States Immigration and Naturalization Service for establishing immigrant status.

      (c) Notwithstanding the provisions of subdivision (2) of subsection (b) of section 54-125a, any person whose eligibility for parole is restricted under said subdivision shall be eligible for deportation parole under this section after having served fifty per cent of the definite sentence imposed by the court.

      (d) Notwithstanding any provision of the general statutes, a sentencing court may refer any person convicted of an offense other than a capital felony or a class A felony who is an alien to the Board of Pardons and Paroles for deportation under this section.

      (e) Any person who is approved for deportation under this section shall have his sentence placed in a hold status for a period of ten years. If the parolee reenters the United States within such ten-year period, he shall be in violation of his parole agreement, the remainder of his sentence shall be reinstated and he shall be ineligible for parole consideration.

      (f) Any person approved for deportation parole shall not be eligible for any form of bond whether by the state or the federal government. Any person approved for deportation parole shall be transferred to the United States Immigration and Naturalization Service for deportation in accordance with the agreement entered into pursuant to subsection (a) of this section. Any person approved for deportation parole shall waive all rights to appeal his conviction, extradition and deportation.

      (P.A. 97-256, S. 1; P.A. 04-234, S. 2.)

      History: P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-125e. Special parole. Violation of conditions. Hearing. Disposition. (a) Any person convicted of a crime committed on or after October 1, 1998, who received a definite sentence of more than two years followed by a period of special parole shall, at the expiration of the maximum term or terms of imprisonment imposed by the court, be automatically transferred to the jurisdiction of the chairperson of the Board of Pardons and Paroles or, if such person has previously been released on parole pursuant to subsection (a) of section 54-125a or section 54-131a, remain under the jurisdiction of said chairperson until the expiration of the period of special parole imposed by the court. The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the chairperson of the Board of Pardons and Paroles under this section during such person's period of special parole.

      (b) Any person sentenced to a period of special parole shall be subject to such rules and conditions as may be established by the Board of Pardons and Paroles or its chairperson pursuant to section 54-126.

      (c) The period of special parole shall be not less than one year nor more than ten years except that such period may be for more than ten years for a person convicted 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, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous felony offender pursuant to subsection (h) of section 53a-40 or as a persistent serious felony offender pursuant to subsection (j) of section 53a-40.

      (d) Whenever a parolee has, in the judgment of such parolee's parole officer, violated the conditions of his or her special parole, the board shall cause the parolee to be brought before it without unnecessary delay for a hearing on the violation charges. At such hearing, the parolee shall be informed of the manner in which such parolee is alleged to have violated the conditions of such parolee's special parole and shall be advised by the employee of the board conducting the hearing of such parolee's due process rights.

      (e) If such violation is established, the board may: (1) Continue the sentence of special parole; (2) modify or enlarge the conditions of special parole; or (3) revoke the sentence of special parole.

      (f) If the board revokes special parole for a parolee, the chairperson may issue a mittimus for the commitment of such parolee to a correctional institution for any period not to exceed the unexpired portion of the period of special parole.

      (g) Whenever special parole has been revoked for a parolee, the board may, at any time during the unexpired portion of the period of special parole, allow the parolee to be released again on special parole without court order.

      (P.A. 98-234, S. 3; June Sp. Sess. P.A. 99-2, S. 52; P.A. 01-84, S. 21, 26; P.A. 04-234, S. 2, 5.)

      History: June Sp. Sess. P.A. 99-2 amended Subsec. (c) to provide that the period of special parole for the specified offenses "may be for more than ten years" rather than "shall be not less than ten years nor more than thirty-five years" and to make technical changes in statutory references; P.A. 01-84 amended Subsec. (c) to replace 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," and include a violation of "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 04-234 replaced "chairman" with "chairperson" where appearing, amended Subsec. (a) to require the person be "automatically" transferred to the jurisdiction of the chairperson, delete provision that the person is transferred "from the custody of the Commissioner of Correction" and add provision requiring that Department of Correction be responsible for supervision of any person transferred to the jurisdiction of the chairperson during such person's period of special parole, added Subsec. (d) re a hearing on an alleged violation of the conditions of a parolee's special parole, added Subsec. (e) re authorized dispositions by the board upon establishing a violation, added Subsec. (f) re authority of the chairperson to issue a mittimus upon revocation of special parole and added Subsec. (g) re authority of the board to release again on special parole a parolee whose special parole has been revoked, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-125f. Pilot zero-tolerance drug supervision program. (a) Not later than October 1, 1998, the chairman of the Board of Pardons and Paroles shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to individuals who are eligible for release on parole and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the chairman of the Board of Pardons and Paroles.

      (b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, and (3) comply with all rules established by the halfway house if detained in such facility.

      (c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant may be detained in a halfway house facility for a period of two days.

      (d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Board of Pardons and Paroles shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant may be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released and the fee, if paid by the participant, shall be refunded to the participant.

      (e) If at any time during participation in the zero-tolerance drug supervision program, the chairman of the Board of Pardons and Paroles determines that the public safety will be served by the incarceration of a participant, such participant may be returned to a correctional facility.

      (P.A. 98-145, S. 1, 4; P.A. 99-34, S. 1, 2; P.A. 02-89, S. 84; P.A. 03-278, S. 111; P.A. 04-234, S. 2.)

      History: P.A. 99-34 amended Subsec. (a) to delete provision that limited the program to individuals eligible for release on parole "in accordance with section 54-125b", effective May 27, 1999; P.A. 02-89 deleted as obsolete Subsec. (f) requiring the chairman of the Board of Parole, the Commissioner of Correction and the Chief Court Administrator to submit a report on the program to the committee of the General Assembly having cognizance of matters relating to criminal justice not later than January 1, 2000; P.A. 03-278 made a technical change in Subsec. (a), effective July 9, 2003; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      See Secs. 18-100e and 53a-39d re pilot zero-tolerance drug supervision program established by Commissioner of Correction and Chief Court Administrator, respectively.

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      Sec. 54-125g. Parole of prisoner nearing end of maximum sentence. Notwithstanding the provisions of sections 18-100d, 54-124c and 54-125a, any person who has six months or less to the expiration of the maximum term or terms for which such person was sentenced, may be allowed to go at large on parole provided such person agrees (1) to be subject to supervision by personnel of the Department of Correction for a period of one year, and (2) to be retained in the institution from which such person was paroled for a period equal to the unexpired portion of the term of his or her sentence if such person is found to have violated the terms or conditions of his or her parole. Any person subject to the provisions of subdivision (1) or (2) of subsection (b) of section 54-125a shall only be eligible to go at large on parole under this section after having served ninety-five per cent of the definite sentence imposed.

      (P.A. 99-196, S. 1; P.A. 04-257, S. 122.)

      History: P.A. 04-257 replaced "Board of Parole" with "Department of Correction", effective June 14, 2004.

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      Sec. 54-125h. Transfer of prisoner granted parole and nearing parole release date. Notwithstanding the provisions of section 54-125a, the chairperson of the Board of Pardons and Paroles may transfer to any public or private nonprofit halfway house, group home or mental health facility or to an approved community or private residence any person confined in a correctional institution or facility who has been granted parole release and is within eighteen months of the parole release date established by the board. Any person released from confinement pursuant to this section shall be transferred to the jurisdiction of the chairperson of the Board of Pardons and Paroles. Such person shall remain in the custody of the Commissioner of Correction during the period of such release and employees of the Department of Correction shall be responsible for the supervision of such person while such person is residing at such halfway house, group home, mental health facility or community or private residence. Such person may, at any time, be returned to confinement in a correctional facility.

      (P.A. 04-234, S. 2, 9.)

      History: P.A. 04-234 effective June 8, 2004 (Revisor's note: Effective July 1, 2004, references to "Board of Parole" or "Board of Pardons" in the general statutes and in the public and special acts of the 2003 and 2004 regular and special sessions of the General Assembly were replaced with "Board of Pardons and Paroles" pursuant to Sec. 2 of P.A. 04-234).

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      Sec. 54-126. Rules and regulations concerning parole. Enforcement. Said Board of Pardons and Paroles may establish such rules and regulations as it deems necessary, upon which such convict may go upon parole, and the panel for the particular case may establish special provisions for the parole of a convict. The chairman of the board shall enforce such rules, regulations and provisions and retake and reimprison any convict upon parole, for any reason that such panel, or the chairman with the approval of the panel, deems sufficient; and the chairman may detain any convict or inmate pending approval by the panel of such retaking or reimprisonment.

      (1949 Rev., S. 8828; 1967, P.A. 152, S. 52; 1972, P.A. 25, S. 2; P.A. 93-219, S. 8, 14; P.A. 04-234, S. 2.)

      History: 1967 act, effective July 1, 1968, provided for enforcement by correction commissioner and added provision for detention by commissioner at end of section; 1972 act amended section to reflect transfer of parole power for entire board or quorum to panels and authorized panels to set special conditions for parole; P.A. 93-219 replaced the commissioner of correction with the chairman of the board as the official responsible for enforcement, recapture and detention, effective July 1, 1994; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Cited. 132 C. 306. Cited. 162 C. 434. Cited. 170 C. 118, 123, 128, 129. Cited. 171 C. 691, 695. Cited. Id., 691, 696. Cited. 172 C. 126, 131.

      Cited. 4 CS 365. Rule of board which conflicted with section 54-128 (a) declared void. 27 CS 439.

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      Sec. 54-126a. Testimony of crime victim at parole hearing. (a) For the purposes of this section, "victim" means a person who is a victim of a crime, the legal representative of such person, a member of a deceased victim's immediate family or a person designated by a deceased victim in accordance with section 1-56r.

      (b) At a hearing held by a panel of the Board of Pardons and Paroles for the purpose of determining the eligibility for parole of an inmate incarcerated for the commission of any crime, such panel shall permit any victim of the crime for which the inmate is incarcerated to appear before the panel for the purpose of making a statement for the record concerning whether the inmate should be released on parole or the nature of any terms or conditions to be imposed upon any such release. In lieu of such appearance, the victim may submit a written statement to the panel and the panel shall make such statement a part of the record at the parole hearing.

      (P.A. 83-416; P.A. 85-566, S. 2; P.A. 91-389, S. 7, 12; P.A. 01-211, S. 9; P.A. 02-105, S. 14; P.A. 04-234, S. 2.)

      History: P.A. 85-566 amended Subsec. (c) to replace provision that nothing in the section shall be construed to require the state to give notice to a victim of a scheduled parole hearing with provision that the board shall notify a victim of the date, time and place of the hearing if the victim requests notice and provides a current address; P.A. 91-389 amended Subsec. (a) to revise the definition of "victim" and deleted Subsec. (c) re the requirement that the board notify a victim who has requested notice of the date, time and place of the hearing, effective April 1, 1992; P.A. 01-211 amended Subsec. (a) to redefine "victim" and amended Subsec. (b) to make provisions applicable at a hearing for an inmate incarcerated for the commission of "any crime" rather than "a class A, B or C felony or a violation of section 53a-60a, 53a-60c, 53a-72b, 53a-103a or 53a-216"; P.A. 02-105 amended Subsec. (a) by adding a person designated by a victim pursuant to Sec. 1-56r to definition of "victim"; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Cited. 32 CA 438, 441, 442.

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      Sec. 54-127. Rearrest. The request of the Commissioner of Correction or any officer of the Department of Correction so designated by the commissioner, or of the Board of Pardons and Paroles or its chairman shall be sufficient warrant to authorize any officer of the Department of Correction or any officer authorized by law to serve criminal process within this state, to return any convict or inmate on parole into actual custody; and any such officer, police officer, constable or state marshal shall arrest and hold any parolee or inmate when so requested, without any written warrant.

      (1949 Rev., S. 8829; March, 1958, P.A. 27, S. 38; 1967, P.A. 152, S. 53; 1969, P.A. 271; 1971, P.A. 62; May Sp. Sess. P.A. 94-6, S. 22, 28; P.A. 00-99, S. 123, 154; P.A. 04-234, S. 2; 04-257, S. 123.)

      History: 1967 act, effective July 1, 1968, added correction commissioner to those authorized to request rearrest, deleted provision for parole board to authorize persons to so request and substituted officers of the correction department for officers of the board or the State Prison; 1969 act applied provisions to correction department officers designated by commissioner; 1971 act authorized chairman of board of parole to request custody; May Sp. Sess. P.A. 94-6 added "any officer of the board of parole designated by the chairman", made technical changes and deleted provision pertaining to compensation, effective July 1, 1994; P.A. 00-99 replaced reference to sheriff with state marshal, effective December 1, 2000; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-257 deleted "any officer of the Board of Parole designated by the chairman" from individuals authorized to request the return to custody of a convict or inmate and deleted an officer "of the Board of Parole" from officers authorized to return a convict or inmate to custody, effective June 14, 2004.

      Cited. 132 C. 305; 160 C. 151, 159. Cited. 162 C. 434. Cited. 170 C. 119, 123, 128, 129.

      Cited. 12 CA 1, 5, 12.

      Cited. 4 CS 365; 27 CS 443.

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      Sec. 54-127a. Parole revocation and rescission hearings. All parole revocation and rescission hearings shall be conducted by an employee of the Board of Pardons and Paroles. The parole of a person who has been allowed to go on parole in accordance with subsection (a) of section 54-125a or section 54-125g, or who has been sentenced to a period of special parole in accordance with subdivision (9) of subsection (b) of section 53a-28, shall be revoked or rescinded if, after such hearing, the employee recommends such revocation or rescission and such recommendation is approved by at least two members of a panel of the board.

      (P.A. 04-234, S. 2, 6.)

      History: P.A. 04-234 effective June 8, 2004 (Revisor's note: Effective July 1, 2004, references to "Board of Parole" or "Board of Pardons" in the general statutes and in the public and special acts of 2003 and 2004 regular and special sessions of the General Assembly were replaced with "Board of Pardons and Paroles" pursuant to Sec. 2 of P.A. 04-234).

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      Sec. 54-128. Period of confinement in correctional institution after parole violation. (a) Any paroled inmate who has been returned to any institution of the Department of Correction for violation of such inmate's parole may be retained in a correctional institution for a period equal to the unexpired portion of the term of such inmate's sentence at the date of the request or order for such inmate's return less any commutation or diminution of such inmate's sentence earned, except that the Board of Pardons and Paroles may, in its discretion, determine that such inmate shall forfeit any or all of such earned time, or may be again paroled by said board.

      (b) Each parolee or inmate, subject to the provisions of section 18-7, shall be subject to loss of all or any portion of time earned.

      (c) Any person who, during the service of a period of special parole imposed in accordance with subdivision (9) of subsection (b) of section 53a-28, has been returned to any institution of the Department of Correction for violation of such person's parole, may be retained in a correctional institution for a period equal to the unexpired portion of the period of special parole. The total length of the term of incarceration and term of special parole combined shall not exceed the maximum sentence of incarceration authorized for the offense for which the person was convicted.

      (1949 Rev., S. 8830; 1957, P.A. 461, S. 5; 1967, P.A. 152, S. 54; P.A. 98-234, S. 4; P.A. 04-234, S. 2, 8; 04-257, S. 84, 124.)

      History: 1967 act, effective July 1, 1968, extended section to all correctional institutions rather than State Prison alone, added reference to correction commissioner and deleted restriction of subsection (b) to serious acts of insubordination and refusal to conform to prison or parole regulations; P.A. 98-234 added new Subsec. (c) re the period of time that a person who has violated his special parole may be retained in the institution from which he was paroled; P.A. 04-234 replaced where appearing "the institution from which he was paroled" with "a correctional institution" as the place where a returned inmate may be retained, amended Subsec. (a) to delete reference to a paroled "convict", amended Subsec. (c) to delete provision re returning an inmate to "the custody of the Commissioner of Correction", and made technical changes, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-257 amended Subsec. (a) to delete reference to a paroled "convict", delete provision re returning an inmate to "the custody of the Commissioner of Correction", replace "the institution from which he was paroled" with "a correctional institution" as the place where a returned inmate may be retained and make technical changes for purposes of gender neutrality, and made a technical change in Subsec. (c), effective June 14, 2004.

      For purposes of determining amount of diminution for good time earned or its forfeiture, sentences imposed under several counts are to be regarded as one continuous term. 129 C. 164. It is for court, not board of parole, to determine whether second sentence given parolee shall run concurrently or consecutively with unexpired portion of first. 132 C. 307. Cited. 162 C. 434. Cited. 170 C. 129. Cited. 172 C. 126, 131, 133. Cited. 213 C. 38, 49.

      Cited. 12 CA 1, 5.

      Cited. 4 CS 365; 11 CS 284; 13 CS 309; 16 CS 80. Sentence runs for parolee until date of order for return. 16 CS 22. When prisoner was returned for violation of parole, term he was to serve should have been computed by subtracting, from time he was to serve, period he had served up to date of order for his return as parole violator. 27 CS 439. When a man is returned to prison for parole violation, he may be held only for the balance of time after the date of the issuance of the order for his return. 32 CS 190, 192.

      Subsec. (a):

      Cited. 184 C. 222, 224.

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      Sec. 54-129. Discharge of paroled prisoner. If it appears to the appropriate panel of the Board of Pardons and Paroles that any convict or inmate on parole or eligible for parole will lead an orderly life, said panel, by a unanimous vote of all the members present at any regular meeting thereof, may declare such convict or inmate discharged from the custody of the Commissioner of Correction and shall thereupon deliver to him a written certificate to that effect under the seal of the Board of Pardons and Paroles and signed by its chairman and the commissioner.

      (1949 Rev., S. 8831; 1957, P.A. 461, S. 6; 1967, P.A. 152, S. 55; 1972, P.A. 25, S. 3; P.A. 04-234, S. 2.)

      History: 1967 act, effective July 1, 1968, substituted custody of correction commissioner for "said prison" and provided certificate be signed by chairman of board of parole and commissioner rather than executive secretary of board and warden; 1972 act applied provisions to persons eligible for parole and transferred duties formerly held by entire parole board or quorum to panels of board; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Cited. 170 C. 129. Cited. 213 C. 38, 48.

      Cited. 8 CA 656, 665.

      Cited. 4 CS 365; 16 CS 80.

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      Sec. 54-130. State Prison for Women not covered. Section 54-130 is repealed.

      (1957, P.A. 461, S. 7; 1967, P.A. 152, S. 56.)

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      Sec. 54-130a. (Formerly Sec. 18-26). Jurisdiction. (a) Jurisdiction over the granting of, and the authority to grant, commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death shall be vested in the Board of Pardons and Paroles.

      (b) Said board shall have authority to grant pardons, conditioned or absolute, for any offense against the state at any time after the imposition and before or after the service of any sentence.

      (c) Whenever the board grants an absolute pardon to any person, the secretary of said board shall cause notification of such pardon to be made in writing to the clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convicted in the Court of Common Pleas, the Circuit Court, a municipal court, or a trial justice court.

      (1949 Rev., S. 3020; 1959, P.A. 410, S. 4; P.A. 74-163, S. 5; P.A. 76-388, S. 5, 6; 76-436, S. 10a, 595, 681; P.A. 04-234, S. 2.)

      History: 1959 act extended jurisdiction in Subsec. (a) from cases of persons confined in State Prison to persons convicted of any offense against the state; P.A. 74-163 added Subsec. (c) re notice of absolute pardon; P.A. 76-388 included circuit court and replaced "chief clerk" of court of common pleas with "chief judge" in Subsec. (c); P.A. 76-436 replaced "chief judge of common pleas court" with "office of the chief court administrator", effective July 1, 1978; P.A. 04-234 replaced Board of Pardons with Board of Pardons and Paroles, effective July 1, 2004; Sec. 18-26 transferred to Sec. 54-130a in 2005.

      Annotations to former section 18-26:

      Cited. 124 C. 123; 145 C. 60; 152 C. 601. Cited. 206 C. 267-269, 271, 275.

      Cited. 15 CA 161, 182. Cited. 26 CA 132, 141.

      Cited. 26 CS 181. Cited. 35 CS 516, 519.

      Subsec. (a):

      Board may revoke an absolute commutation prior to actual release of prisoner if factual basis for commutation proves to be erroneous and justification for granting commutation thereby abrogated. 206 C. 267, 270.

      Subsec. (b):

      Cited. 208 C. 420, 424.

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      Sec. 54-130b. (Formerly Sec. 18-26a). Commutation of punishment and deportation of inmates who are aliens. (a) The Board of Pardons and Paroles shall enter into an agreement with the United States Immigration and Naturalization Service for the deportation of persons incarcerated in correctional facilities in the state who are aliens upon the conditioned commutation of their punishment by said board.

      (b) The Board of Pardons and Paroles may grant a commutation of punishment in the case of any person incarcerated in a correctional facility in the state who is an alien and transfer such person to the United States Immigration and Naturalization Service for deportation in accordance with the agreement entered into pursuant to subsection (a) of this section provided such person agrees not to contest his criminal conviction and deportation.

      (P.A. 95-162; P.A. 04-234, S. 2.)

      History: P.A. 04-234 replaced Board of Pardons with Board of Pardons and Paroles, effective July 1, 2004; Sec. 18-26a transferred to Sec. 54-130b in 2005.

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      Sec. 54-130c. (Formerly Sec. 18-30). Information about prisoner. Said board may institute inquiries by correspondence or otherwise as to the previous history or character of any prisoner, and each prosecuting officer, judge, police officer or other person shall give said board, upon request, such information as he may possess with reference to the habits, disposition, career and associates of any prisoner.

      (1949 Rev., S. 3024.)

      History: Sec. 18-30 transferred to Sec. 54-130c in 2005.

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      Sec. 54-130d. (Formerly Sec. 18-27a). Testimony of crime victim at session of board. Notification of Office of Victim Services of board's action. (a) For the purposes of this section, "victim" means a person who is a victim of a crime, the legal representative of such person or a member of a deceased victim's immediate family.

      (b) At a session held by the Board of Pardons and Paroles to consider whether to grant a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, to any person convicted of any crime, the board shall permit any victim of the crime for which the person was convicted to appear before the board for the purpose of making a statement for the record concerning whether the convicted person should be granted such commutation, release or pardon. In lieu of such appearance, the victim may submit a written statement to the board and the board shall make such statement a part of the record at the session.

      (c) If the Board of Pardons and Paroles is prepared to grant a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, to a person convicted of an offense involving the use, attempted use or threatened use of physical force against another person or resulting in the physical injury, serious physical injury or death of another person, it shall make reasonable efforts to locate and notify any victim of the crime for which such person was convicted prior to granting such commutation, release or pardon and shall permit such victim to appear before the board and make a statement or submit a statement as provided in subsection (b) of this section.

      (d) Upon the granting to any person of a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, the Board of Pardons and Paroles shall forthwith notify the Office of Victim Services of its action.

      (P.A. 91-389, S. 8, 12; P.A. 99-247, S. 3; P.A. 01-211, S. 8; P.A. 04-234, S. 2.)

      History: P.A. 91-389, S. 8 effective April 1, 1992; (Revisor's note: In 1995 the reference to "Commission on Victim Services" in Subsec. (c) was changed editorially by the Revisors to "Office of Victim Services" to carry out the provisions of Public Act 93-310); P.A. 99-247 added new Subsec. (c) to require the board to make reasonable efforts to locate and notify any victim of a crime of violence prior to granting the person convicted of such crime a commutation, release or pardon and to permit such victim to appear before the board and make or submit a statement, relettering former Subsec. (c) as Subsec. (d); P.A. 01-211 amended Subsec. (a) to redefine "victim" as "a person who is a victim of a crime, the legal representative of such person or a member of a deceased victim's immediate family" rather than "the victim, the legal representative of the victim or a member of a deceased victim's immediate family", amended Subsec. (b) to make provisions applicable at a session for a person convicted of "any crime" rather than "a class A, B or C felony or a violation of section 53a-60a, 53a-60c, 53a-72b, 53a-103a or 53a-216" and amended Subsec. (c) to make provisions applicable with respect to a person convicted of an offense "resulting in the physical injury, serious physical injury or death of another person"; P.A. 04-234 replaced Board of Pardons with Board of Pardons and Paroles, effective July 1, 2004; Sec. 18-27a transferred to Sec. 54-130d in 2005.

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      Sec. 54-131. Employment of paroled or discharged prisoners. Interviews. The Connecticut Prison Association and the Commissioner of Correction shall make all reasonable efforts to secure employment and provide directly or by contract other necessary services for any convict or inmate paroled or discharged from the custody of the commissioner and any institution of the Department of Correction, and the agents of said association are authorized, in carrying out this duty, to interview inmates of said correctional institutions prior to discharge.

      (1949 Rev., S. 8832; 1949, S. 3330d; 1963 P.A. 642, S. 77; 1967, P.A. 152, S. 57.)

      History: 1963 act substituted state jails for county jails; 1967 act, effective July 1, 1968, substituted correction commissioner for parole board and substituted department institutions for State Prison, reformatory and jails.

      See Secs. 18-81c and 18-96 re Connecticut Prison Association.

      Cited. 170 C. 129.

      Cited. 4 CS 365; 27 CS 327.

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      Sec. 54-131a. Release of inmate on medical parole. The Board of Pardons and Paroles may determine, in accordance with sections 54-131a to 54-131g, inclusive, when and under what conditions an inmate serving any sentence of imprisonment may be released on medical parole.

      (P.A. 89-383, S. 6, 16; P.A. 04-234, S. 2.)

      History: P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-131b. Eligibility for medical parole. The Board of Pardons and Paroles may release on medical parole any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony as defined in section 53a-54b, who has been diagnosed pursuant to section 54-131c as suffering from a terminal condition, disease or syndrome, and is so debilitated or incapacitated by such condition, disease or syndrome as to be physically incapable of presenting a danger to society. Notwithstanding any provision of the general statutes to the contrary, the Board of Pardons and Paroles may release such inmate at any time during the term of his sentence.

      (P.A. 89-383, S. 7, 16; P.A. 04-234, S. 2.)

      History: P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-131c. Medical diagnosis. A diagnosis that an inmate is suffering from a terminal condition, disease or syndrome shall be made by a physician licensed under chapter 370 and shall include but need not be limited to (1) a description of such terminal condition, disease or syndrome, (2) a prognosis concerning the likelihood of recovery from such condition, disease or syndrome and (3) a description of the inmate's physical incapacity. A diagnosis made by a physician other than one employed by the Department of Correction or a hospital or medical facility used by the Department of Correction for medical treatment of inmates may be reviewed by a physician appointed by the Commissioner of Correction or reviewed by the medical director of the Department of Correction. For purposes of this section "terminal condition, disease or syndrome" includes, but is not limited to, any prognosis by a licensed physician that the inmate has six months or less to live.

      (P.A. 89-383, S. 8, 16.)

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      Sec. 54-131d. Conditions of release on medical parole. (a) The Board of Pardons and Paroles shall require as a condition of release on medical parole that the parolee agree to placement and that he is able to be placed for a definite or indefinite period of time in a hospital or hospice or other housing accommodation suitable to his medical condition, including his family's home, as specified by the board.

      (b) The Board of Pardons and Paroles may require as a condition of release on medical parole periodic diagnoses as described in section 54-131c. If after review of such diagnoses the board finds that a parolee released pursuant to sections 54-131a to 54-131g, inclusive, is no longer so debilitated or incapacitated as to be physically incapable of presenting a danger to society, such parolee shall be returned to any institution of the Department of Correction.

      (P.A. 89-383, S. 9, 16; P.A. 04-234, S. 2; 04-257, S. 125.)

      History: P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-257 amended Subsec. (b) to provide that a parolee shall be returned to "any institution" of the Department of Correction rather than to "the custody" of said department, effective June 14, 2004.

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      Sec. 54-131e. Requests for medical diagnosis. A request for a medical diagnosis in order to determine eligibility for medical parole under sections 54-131a to 54-131g, inclusive, may be made by the Board of Pardons and Paroles, the Commissioner of Correction, or a correctional institution warden or superintendent, or by request made to the board, commissioner, warden or superintendent by an inmate, an inmate's spouse, parent, guardian, grandparent, aunt or uncle, sibling, child over the age of eighteen years, or attorney.

      (P.A. 89-383, S. 10, 16; P.A. 04-234, S. 2.)

      History: P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-131f. Special panel. Emergency review. The Board of Pardons and Paroles may appoint a special panel to implement the provisions of sections 54-131a to 54-131g, inclusive. The board or special panel shall review and decide requests for medical parole under said sections on an emergency basis, and in all cases shall act in as expeditious a manner as possible.

      (P.A. 89-383, S. 11, 16; P.A. 04-234, S. 2.)

      History: P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

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      Sec. 54-131g. Effect on parole or other release. The provisions of sections 54-131a to 54-131f, inclusive, shall not affect an inmate's eligibility for any other form of parole or release provided by law.

      (P.A. 89-383, S. 12, 16.)

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      Secs. 54-131h to 54-131j. Reserved for future use.

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      Sec. 54-131k. Compassionate parole release. (a) The Board of Pardons and Paroles may grant a compassionate parole release to any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony, as defined in section 53a-54b, if it finds that such inmate (1) is so physically or mentally debilitated, incapacitated or infirm as a result of advanced age or as a result of a condition, disease or syndrome that is not terminal as to be physically incapable of presenting a danger to society, and (2) (A) has served not less than one-half of such inmate's definite or aggregate sentence, or (B) has served not less than one-half of such inmate's remaining definite or aggregate sentence after commutation of the original sentence by the Board of Pardons and Paroles.

      (b) Any person granted a compassionate parole release pursuant to this section shall be released subject to such terms and conditions as may be established by the Board of Pardons and Paroles and shall be supervised by the Department of Correction.

      (P.A. 04-234, S. 2, 28.)

      History: P.A. 04-234 effective June 8, 2004 (Revisor's note: Effective July 1, 2004, references to "Board of Parole" or "Board of Pardons" in the general statutes and in the public and special acts of the 2003 and 2004 regular and special sessions of the General Assembly were replaced with "Board of Pardons and Paroles" pursuant to Sec. 2 of P.A. 04-234).

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      Sec. 54-132. Definitions. Section 54-132 is repealed, effective June 19, 2002.*

      (1951, S. 3346d; 1957, P.A. 340; 1963, P.A. 642, S. 78; P.A. 00-185, S. 4, 5.)

      *Note: P.A. 01-185 repealed this section effective "July 1, 2001, or upon enactment of the Interstate Compact for Adult Offender Supervision by thirty-five jurisdictions, whichever is later"; Pennsylvania became the thirty-fifth enacting jurisdiction on June 19, 2002.

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      Sec. 54-133. Interstate Compact for Adult Offender Supervision. The Interstate Compact for Adult Offender Supervision is hereby enacted into law and entered into by this state with all jurisdictions legally joining therein, in the form substantially as follows:

ARTICLE I

PURPOSE

      The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to: Track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions.

      The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 USC Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

      It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: To provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.

      In addition, this compact will: Create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulation of interstate movement of offenders for officials involved in such activity.

      The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder.

      It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.

ARTICLE II

DEFINITIONS

      As used in this compact, unless the context clearly requires a different construction:

      A. "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.

      B. "Bylaws" means those bylaws established by the Interstate Commission for its governance or for directing or controlling the Interstate Commission's actions or conduct.

      C. "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.

      D. "Compacting state" means any state which has enacted the enabling legislation for this compact.

      E. "Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact.

      F. "Interstate Commission" means the Interstate Commission for Adult Offender Supervision established by this compact.

      G. "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.

      H. "Noncompacting state" means any state which has not enacted the enabling legislation for this compact.

      I. "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.

      J. "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.

      K. "Rules" means acts of the Interstate Commission, duly promulgated pursuant to Article VII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.

      L. "State" means a state of the United States, the District of Columbia and any other territorial possession of the United States.

      M. "State Council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.

ARTICLE III

THE COMPACT COMMISSION

      A. The compacting states hereby create the "Interstate Commission for Adult Offender Supervision". The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

      B. The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. While each member state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial and executive branches of government, victims groups and compact administrators. Each State Council shall appoint as its commissioner the compact administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the State Council or by the Governor in consultation with the legislature and the judiciary.

      In addition to appointment of its commissioner to the Interstate Commission, each State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state.

      C. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting, members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.

      D. Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

      E. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

      F. The Interstate Commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the Interstate Commission and performs other duties as directed by the Interstate Commission or set forth in the bylaws.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

      The Interstate Commission shall have the following powers:

      1. To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.

      2. To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

      3. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission.

      4. To enforce compliance with compact provisions, Interstate Commission rules, and bylaws, using all necessary and proper means including, but not limited to, the use of judicial process.

      5. To establish and maintain offices.

      6. To purchase and maintain insurance and bonds.

      7. To borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs.

      8. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

      9. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

      10. To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same.

      11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

      12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

      13. To establish a budget and make expenditures and levy dues as provided in Article IX of this compact.

      14. To sue and be sued.

      15. To provide for dispute resolution among compacting states.

      16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

      17. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

      18. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.

      19. To establish uniform standards for the reporting, collecting and exchanging of data.

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

      Section A. Bylaws

      1. The Interstate Commission shall, by a majority of the members, within twelve months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

      a. Establishing the fiscal year of the Interstate Commission;

      b. Establishing an executive committee and such other committees as may be necessary;

      c. Providing reasonable standards and procedures: (i) For the establishment of committees, and (ii) governing any general or specific delegation of any authority or function of the Interstate Commission;

      d. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

      e. Establishing the titles and responsibilities of the officers of the Interstate Commission;

      f. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission;

      g. Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;

      h. Providing transition rules for "start up" administration of the compact; and

      i. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

      Section B. Officers and staff

      1. The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

      2. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

      Section C. Corporate records of the Interstate Commission

      The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

      Section D. Qualified immunity, defense and indemnification

      1. The members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of any such person.

      2. The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

      3. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

ARTICLE VI

ACTIVITIES OF THE INTERSTATE COMMISSION

      1. The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.

      2. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.

      3. Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

      4. The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

      5. The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

      6. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act", 5 USC Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: a. Relate solely to the Interstate Commission's internal personnel practices and procedures; b. disclose matters specifically exempted from disclosure by statute; c. disclose trade secrets or commercial or financial information which is privileged or confidential; d. involve accusing any person of a crime, or formally censuring any person; e. disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; f. disclose investigatory records compiled for law enforcement purposes; g. disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; h. disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; i. specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or proceeding.

      7. For every meeting closed pursuant to this provision, the Interstate Commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

      8. The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

ARTICLE VII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

      1. The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

      2. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 USC Section 551 et seq., and the Federal Advisory Committee Act, 5 USC App. 2, Section 1 et seq., as may be amended (hereinafter "APA").

      3. All rules and amendments shall become binding as of the date specified in each rule or amendment.

      4. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have n