You asked for a summary and legislative history of state law on sentence modification.

SUMMARY

Criminal defendants have two different procedures to choose from when seeking to have their sentences reviewed. The primary way to get sentences of three years or longer reviewed is through the Sentence Review Division of the Superior Court (CGS § 51-194 et seq. ). When a sentence is imposed or a suspended sentence is revoked, the clerk of court gives the defendant notice of his right to seek a review. The defendant must file an application for review with three judges that make up the division.

Another way to seek a sentence reduction is under CGS § 53a-39. This section allows a sentencing court or judge to reduce a sentence. But a defendant with a sentence of three years or more may use this statute only if the state's attorney agrees to the reconsideration.

The General Assembly enacted the sentence review legislation in 1957 following the release of a report by a prison study committee headed by Justice P. B. O'Sullivan. The committee suggested that a discrepancy in sentences was one of the reasons for unrest in the state prison. To address this issue, the committee recommended a sentence review by three judges of the Superior Court. The review procedure was based, at least in part, on Massachusetts and allowed the reviewing judges to increase or decrease a defendant's sentence.

CGS § 53a-39 was enacted in 1969 as a part of the revision and codification of the state penal code. Apart from testimony that the code was modeled in large part after New York's code, there is no testimony relevant to CGS § 53a-39.

SENTENCE REVIEW

The chief justice of the Supreme Court appoints three Superior Court judges to act as a Sentence Review Division. The division meets at such times and places as its business requires. No judge may review a sentence that he imposed; in such case, the chief justice designates another judge to act in his place. It takes at least two judges to determine any matter before the division.

Anyone sentenced to a prison term of three years or more may, within 30 days from the date the sentence was imposed or a suspended sentence was revoked, apply to the court clerk for the judicial district where the case was heard to have the sentence reviewed by the Sentence Review Division. But, a person cannot apply if: (1) the court could not have imposed a different sentence, as in the case of an offense that carries a mandatory minimum sentence; (2) the sentence imposed resulted from the court's acceptance of a plea agreement; or (3) the sentence imposed was for less than the plea agreement.

The court clerk must give written notice to the person at the time of sentencing or sentence revocation of his right to request a review. The notice must indicate that the review hearing may result in an increase or decrease of the sentence within the limits established in the sentencing laws. For example, if a person was sentenced for an offense that carried a penalty of from one to 20 years in prison and the sentencing court had given him a 10-year term, the review division could reduce it to as low as one year or increase it to as much as 20 years. The clerk must transmit the application to the review division and notify the sentencing judge, who can send the division his reasons for imposing the sentence. If requested to do so by the division, he must indicate his reasons within seven days.

The review division may allow the sentence to stand, or increase or decrease it. The division may, for good cause, waive its authority to increase the penalty and have a hearing on the application without the applicant being present. However, the applicant or his attorney may appear if he chooses. The crime victim may also appear at the hearing or submit a written statement for the record expressing his opinion on whether the sentence should be modified.

When reviewing any judgment, the division may consider any presentence or precommitment reports and any other records, documents, or exhibits connected with it. If the division orders a different sentence or disposition of the case, the Superior Court must impose it. The division's decision, which must include its reasons, is final (CGS § 51-194 through 51-196).

SENTENCE REDUCTION

At any time during the period of a sentence of three years or less, the sentencing court or judge may reduce a defendant's sentence, order him discharged, or order him discharged on probation or conditional discharge. This may be done only after hearing and for good cause. The period of probation or conditional discharge cannot exceed that to which the defendant could have been originally sentenced.

A similar procedure applies to sentences of more than three years with one major difference. The state's attorney has to agree to allow the defendant to apply for it.

Neither procedure applies to any sentence imposed for a crime that carries a mandatory minimum sentence which may not be suspended or reduced by the court (CGS § 53a-39).

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