Topic:
CORRECTIONS; PAROLE; PRISONS AND PRISONERS; SENTENCING;
Location:
CORRECTIONS, CT DEPT OF;

OLR Research Report


September 28, 2007

 

2007-R-0547

INFORMATION THE DEPARTMENT OF CORRECTION RECEIVES FOR SENTENCED AND ACCUSED INMATES

By: George Coppolo, Chief Attorney

You asked what information the Department of Correction (DOC) receives when a person is sentenced to prison or when a person is imprisoned awaiting trial.

SUMMARY

According to DOC's legislative liaison Lena Ferguson, the sentencing court provides DOC with a judgment mittimus for each person it sentences to a term of imprisonment. This document specifies the sentence length and any special conditions or requirements. These can include such things as special parole, probation, alcohol or drug abuse treatment, and mental health concerns or requirements. DOC also gets pre-sentence investigation reports prepared by probation officers for the court in some, but not in all, instances.

Ferguson reported that DOC is currently working with the Judicial Department's Court Support Services Division (CCSD) to make sure it gets any pre-sentence investigation report a probation officer prepares concerning an offender who is sentenced to a term of imprisonment. DOC is also working with the chief state's attorney to get copies of all police reports and arrest affidavits. Finally, DOC is working with the Board of Pardons and Parole to make sure it gets a copy of the sentencing transcript, which the law requires prosecutors to provide to the board.

Regarding a person who is incarcerated awaiting trial and sentencing, DOC receives from the court a continuance mittimus, which contains the charges the defendant is facing.

PRE-SENTENCE INVESTIGATION REPORT

By law, no defendant convicted for the first time of any crime that carries a possible sentence of more than one year may be sentenced, or have his case otherwise disposed of, until the court considers a probation officer's written pre-sentence investigation report. But the court may, in its discretion, order a pre-sentence investigation for a defendant convicted of any crime or offense other than a capital felony, and a defendant may waive the pre-sentence investigation with the sentencing judge's and prosecutor's consent (CGS § 54-91a).

Whenever an investigation is required, the probation officer must inquire into:

1. the circumstances of the offense;

2. the attitude of the complainant or victim, or of the immediate family, where possible, in cases of homicide;

3. the defendant's criminal record, social history, and present condition; and

4. any damages the victim suffered, including medical expenses, loss of earnings, and property loss.

All local and state police agencies must furnish to the probation officer whatever criminal records the probation officer requests. Whenever the court or the probation officer thinks it is desirable, the investigation must also include a physical and mental examination of the defendant. If the defendant is committed to any institution, the investigating agency must send the pre-sentence investigation report to the institution when the defendant is committed (CGS § 54-91a(c)).

GC: ts