Prisons App B

Appendix B

Criminal Sentencing Framework

This section describes the types of sentences the court may impose as punishment of a convicted criminal offender. The requirements of the sentences range from a release from custody without supervision to a prison term. Table B-1, at the end of the appendix, provides an overview of the types of sentences and diversionary sanctions imposed by the court. The table also provides information on eligibility and exclusionary criteria for each sentence and diversionary program and the criminal justice agency responsible for administering the sentence.

Prison sentence. A "flat" sentence is a fixed period of incarceration. Connecticut has a determinate sentencing structure that imposes a specific prison term for offenses committed after July 1, 1981.¹ As shown in Table B-2, each determinate (or "flat") sentence for a felony or misdemeanor is based on statutory guidelines, which establish the minimum and maximum range within which the court must sentence the offender.

It is not uncommon for an offender to receive more than one sentence because he or she has been convicted of more than one crime. Sentences may be served either concurrently (at the same time) or consecutively (one after another) as per the order of the court. The court may suspend any portion or all of a "flat" sentence.

The court may also impose a period of probation supervision following a prison term -- called a "split" sentence. Typically, the court will suspend (called "execution suspended") a portion or all of the prison term of a "split" sentence.

For example, the court will impose a five year prison term with execution suspended after two years, followed by three years probation. This means the offender will serve two years in a correctional facility and then be under probation supervision in the community for three years. If the offender violates probation, the court may order the offender to serve the suspended three years of the "flat" sentence in prison or may vacate that sentence and impose a new sentence for the violation. In addition, any offender serving a "split" sentence with a period of incarceration greater than two years is eligible for parole. If released by the parole board, the offender is supervised in the community on parole for the remainder of the prison term, followed by the court-ordered term of probation supervision.

Enhanced penalties. In addition to the statutory sentencing guidelines, the penal code also allows for enhanced penalties to be imposed for certain types of crimes or offenders through mandatory minimum sentences and the persistent offender provisions. Mandatory minimum sentences are required for certain crimes, typically violent or drug offenses. The mandatory sentence requires generally a longer a period of incarceration than the statutory minimum for the offense class. Upon conviction, the mandatory minimum term of a sentence must be imposed and may not be reduced or suspended by the court unless the offender is under 18 or has impaired mental capacity.


Table B-2. Statutory Criminal Sentencing Guidelines
Offense	Minimum Term	Maximum Term
Capitol felony	Life in prison* w/out parole	Death sentence
Class A felony murder	25 years	Life
Class A felony	10 years	25 years
Class B felony manslaughter 1 w/ firearm	5 years	40 years
Class B felony assault on victim 60 years or older, aggravated sexual assault 1, kidnapping 2 w/ firearm, burglary 1 w/ firearm, robbery 1 w/ firearm	5 years	20 years
Class B felony	1 year	20 years
Class C felony manslaughter 2 w/ firearm	3 years	10 years
Class C felony	1 year	10 years
Class D felony assault 2 on victim 60 years or older and criminal possession of firearm	2 years	5 years
Class D felony assault 2 w/ firearm on victim 60 years or older	3 years	5 years
Class D felony	1 year	5 years
Class A misdemeanor	None	1 year
Class A misdemeanor assault 3 w/ weapon and assault 3 w/firearm on victim 60 years or older	None	1 year (not suspendable)
Class B misdemeanor	None	6 months
Class C misdemeanor	None	3 months
*Life in prison is statutorily defined as 60 years unless it is without the possibility of release, which is the natural life of the offender. Source of Data: Connecticut General Statutes

A recent change in the law, authorizes the parole board to disregard any portion of a mandatory minimum sentence in the calculation of parole eligibility. However, the offender is still subject to supervision for the full term of the mandatory minimum sentence. Table B-3 is a listing of the offenses carrying mandatory minimum sentences


Table B-3. Mandatory Minimum Sentences
Offense	G.C.S.	Mandatory Minimum Sentence
Capital Felony
Capital felony	53a-54b	Life imprisonment or death
Unclassified Felony
Arson murder	53a-54d	Life imprisonment
Class A Felony
Murder (other than capital)	53a-54a	25 years
Felony murder	53a-54c	25 years
Kidnapping 1*	53a-92	1 year^
Kidnapping 1 w/firearm	53a-92a	1 year
Employing minor in obscene performance	53a-196a	10 years
Arson 1	53a-111	^^
Class B Felony
Manslaughter 1 w/firearm*	53a-55a	5 years
Assault 1*	53a-59	5 or 10 years based on facts
Assault 1 on victim 60 years or older	53a-59a	5 years
Sexual assault 1*	53a-70	1 year
Sexual assault 1 on victim under 10 years*	53a-70	10 years
Aggravated sexual assault 1*	53a-70a	5 years
Kidnapping 2*	53a-94	3 years
Kidnapping 2 w/firearm*	53a-94a	3 years
Burglary 1 w/deadly weapon	53a-101	5 years
Robbery 1 w/deadly weapon*	53a-134	5 years
Class C Felony
Manslaughter 2 w/firearm*	53a-56a	1 year
Sexual assault 2	53a-71	9 months
Burglary 2 w/firearm	53a-102a	1 year
Larceny 2 from elderly, blind, disabled victim	53a-123/ 53a-60b	2 years
Interference with cemetery or burial ground	53a-218	$500 fine
Selling or transporting assault weapon	53-202b	2 years 6 years if sale to minor
Class D Felony
Illegal sale or transfer of handgun to minor	29-34	1 year
Assault 2 w/firearm	53a-60a	1 year
Assault 2 on victim 60 years or older	53a-60b	2 years
Assault 2 w/firearm on victim 60 years or older	53a-60c	3 years
Sexual assault 3 w/firearm*	53a-72b	1 year
Burglary 3 w/firearm	53a-103a	1 year
Criminal use of firearm	53a-216	5 years
Criminal possession of pistol or revolver	53a-217	2 years
Possession of assault weapon	53-202c	1 year
Class A Misdemeanor
Assault 3 w/deadly weapon	53a-61	1 year
Assault 3 on victim 60 years or older	53a-61a	1 year
Other Offenses
Driving during license suspension for DWI & related offenses	14-215(c)	30 days, unless mitigating factors
First DWI conviction	14-227a(h)	48 hours or community service
Second DWI convictions	14-227a(h)	2 days, 10 days, 120 days, 1 year
Use, possession, delivery, drug paraphernalia near school by non-student	21a-267 (c )	1 year
Illegal manufacture or sale of drugs	21a-278	5 years for first offense 10 years for subsequent offenses
Sale of drugs to minor	21a-278a(a)	2 years
Sale of drugs to minor w/in 1500 feet of school, public housing, or day care center	21a-278a(b)	3 years
Using person under 18 to sell drugs	21a-278a(c )	3 years
Possession of narcotic, hallucinogenic, or controlled substance w/in 1500 feet of school	21a-279(d)	2 years
Carrying handgun w/out permit	29-37(b)	1 year if no mitigating factors
Persistent felony offender	53a-136a	3 years
Carjacking	53a-136a	3 years
Committing Class A, B, or C felony w/assault riffle	53-202j	8 years
Committing Class A, B, or C felony w/firearm	53-202k	5 years
Conviction for an offense committed while release awaiting trial	53a-40b	Not more than 10 years for a felony or not more than 1 year for misdemeanor in addition to term imposed for offense
Multiple convictions for sexual assault or assault on young victims	53a-29 and 53a-30	Up to 35 years probation with sex offender treatment Additional condition of psychological counseling if victim under 11 years (53a-40c)
Carjacking during commission of robbery	53a-136a	3 years
*Offenses also subject to persistent offender provisions ^1 year mandatory minimum pursuant to State v Jenkins, 198 Conn. 671 (1986) ^^no mandatory minimum pursuant to State v O'Neill, 200 Conn. 268 (1986) Source of Data: Connecticut General Statutes

It should be noted the penal code contains conflicting provisions with regard to mandatory minimum sentences and sentence guidelines for certain offenses. This situation has led the Connecticut Supreme Court to rule² that in situations with conflicting sentencing provisions when the more serious crime carries a lesser statutory penalty, the lesser penalty must prevail over a mandatory minimum sentence and also be applied to the less serious crime.

The persistent offender statutes are Connecticut's interpretation of the "three strikes and you're out" sentencing initiative. The "three strikes" provision, adopted by 23 other states and Congress, is a way to deal with habitual (or "career") criminals by allowing increasingly tough penalties for repeat offenses. The state's persistent offender laws provide for enhanced penalties for offenders with previous convictions for certain offenses if the court finds the offender to be in need of extended incarceration and lifetime supervision.

The statutory provisions are primarily aimed at offenders with a history of violent or serious offenses, such as manslaughter, assault, sexual assault, and threatening. In addition to a conviction for the type of crimes listed, the offender must have at least two or three prior convictions for the same type of crimes. Table B-4 is a summary of the persistent offender categories, the types of crimes, and sentencing information established by the persistent offender laws.

Probation and conditional discharge. Under a sentence of probation, the court imposes conditions for the offender's behavior and places him or her under its supervision. The court may impose a sentence of probation for the conviction of any crime other than a class A felony and must first find: (1) release of the offender to the community is not a threat to public safety; (2) the offender is in need of guidance, treatment, training, or assistance that can be provided through supervision; and (3) a sentence of probation is not inconsistent with the "ends of justice."

A conditional discharge is a sentence similar to probation. It may be imposed for the conviction of any crime other than a class A felony where probation supervision is deemed not appropriate, but conditions for the offender's behavior are necessary.

The statutory sentencing guidelines for probation and conditional discharge terms range from not more than one year up to not less than 10 years depending on the class of crime. The court may, as a condition of probation or conditional discharge, order the offender:

be employed or participate in education or vocational training;
undergo medical or psychiatric treatment, including placement in an institution for that purpose;
support dependents and meet other family obligations;
make restitution;
post bond or other security for release;
refrain from further criminal activity;
participate in an alternative incarceration program, unless convicted of certain specified crimes;
reside in a residential community center or halfway house;


Table B-4. Persistent Offender Sentencing Guidelines
Type of Offender	Eligibility based on conviction for:	Sentence
Persistent dangerous felon	Manslaughter, arson, kidnapping, robbery 1 or 2, assault 1 Previous federal or state conviction and sentence to more than 1 year (or death) for listed offenses or sexual assault 1 or 3, aggravated sexual assault 1 or 3, sexual assault 1 or 3 w/firearm	Up to 40 years for 2^nd offense Life for 3^rd offense
Persistent serious felon	Any felony (except those listed above) Previous federal or state felony conviction and sentence to more than 1 year (or death)	Term authorized for the next most serious degree or felony
Persistent dangerous sexual offender	Sexual assault 1 or 3, aggravated sexual assault 1, sexual assault 3 with firearm Previous conviction and sentence of more than one year or death for murder, manslaughter, arson, kidnapping, robbery 1 or 2, assault 1 or attempt of any of the listed offenses	Prison term and special parole term to equal life
Persistent serious sexual offender	Sexual assault 1 or 3, aggravated sexual assault 1, sexual assault 3 with firearm Previous conviction and sentenced to more than one year for listed crimes	Prison term and special parole term to equal maximum sentence for next more serious degree of felony
Persistent larceny offender	Larceny 3,4,5, or 6 2 separate and previous convictions for larceny	Minimum of 1 year to maximum of 5 years (Class D felony sentence)
Persistent felony offender	Any felony other than Class D 2 separate and previous convictions for felony other than Class D	Minimum of 1 year to maximum of 5 years Term authorized for next most serious degree of felony with a minimum of 3 years nonsuspendable
Persistent offender of crimes involving bigotry or bias	Depravation of rights, desecration of property, cross burning, ridicule on account of race, creed, or color, or creating public disturbance Previous conviction for listed offenses	Term authorized for next most serious degree of felony or misdemeanor If Class A misdemeanor, sentence for Class D felony
Persistent offender of assault, stalking, trespass, threatening, harassment, or criminal violation of protective order	Assault, stalking, trespass, threatening, harassment, or criminal violation of protective order Within 5 years of most recent conviction, convicted of capital or Class A felony, Class B felony except promoting prostitution 1 or larceny 1, Class C felony except promoting prostitution 2, bribery of juror, bribe receiving by juror, Class D felony for assault, sexual assault 2, sexual assault 2 w/firearm, unlawful restraint, burglary 3, burglary 3 w/firearm, reckless burning, robbery 3, robbery 3 w/firearm, criminal use of firearm or electronic defense weapon, assault 3, stalking, threatening, harassment, criminal violation of protective order, or criminal trespass 1 and 2	Term authorized for next most serious degree of misdemeanor If Class A misdemeanor conviction, sentence for Class D felony
Persistent while under the influence felony offender	Manslaughter 2 w/motor vehicle, assault 2 w/motor vehicle Within 10 years of most recent conviction, convicted of listed crimes or operating motor vehicle while under the influence of alcohol or drugs	Term authorized for next most serious degree of felony
Source of Data: Connecticut General Statutes

participate in the community service labor program;
undergo specialized sexual offender treatment, if convicted of a sexual assault crime; and
satisfy any other conditions reasonable related to rehabilitation.

The period of supervision or the conditions of probation or conditional discharge may be modified at any time by the court after a hearing. The court may also issue an arrest warrant or notice to appear for any offender who has violated a condition of probation or conditional discharge. The warrant authorizes the return of the offender to the custody of the court or detention facility. A hearing is held and, if the offender is found to be in violation, the court may: (1) continue the sentence; (2) modify the condition of supervision; (3) extend the period of supervision; or (4) revoke the probation or conditional discharge and order the offender incarcerated or impose a new sentence of probation or conditional discharge.

Special parole. Special parole, established in 1998, is a sentencing option available to the court that allows for a period of mandatory parole supervision added to a prison sentence greater than two years. It is similar to a "split" sentence, however, parole rather than probation supervision follows the prison term.

The court may impose a fixed period of special parole of between one and 10 years for all felony offenses except specific sexual assault or persistent offender crimes, provided the total amount of the sentence and special parole do not exceed the maximum statutory sentence for the crime. Offenders convicted of certain sexual assault and persistent offender crimes are eligible for a prison term along with a period of special parole that can equal a life sentence under supervision. The parole board, not the court, sets the conditions of release. Parolees who violate special parole are subject to serving a prison term equal to the unexpired period of special parole.

Diversionary sentences. As mentioned previously, the court may divert an accused offender, typically a first-time or low level offender or one charged with a specific type of crime who does not pose a public safety threat and would benefit more from treatment or education rather than a prison sentence. Diversionary sentences include accelerated rehabilitation, youthful offender status, pre-trial alcohol or drug education or family violence education programs, community service, "zero-tolerance" drug supervision, and alternative sanction programs. Probation is also a diversionary sentence.

The court can divert an offender prior to disposition (pre-trial) or at sentencing after a conviction. Upon an order for pre-trial diversion, the court suspends the prosecution of the pending criminal charge while the offender participates in a specific program or complies with certain conditions, such as community service, restitution, periodic drug testing, or no further criminal activity. Upon successful completion, the charges are dismissed by the court and the offender has no criminal record. However, if the offender fails to complete the program, violates a condition, or is again arrested, the court may proceed with the prosecution and, upon conviction, sentence the offender.

A frequently used diversionary sentence is probation supervision with a court-ordered condition of participation in an alternative sanction program. The network of alternative sanction programs include: non-residential services such as alternative to incarceration centers (AICs), intensive probation supervision; electronic monitoring and/or transitional housing, day incarceration centers (DICs); and residential programs such as inpatient substance abuse (drug or alcohol) treatment, women and children's programs, youth confinement centers, and Project Green, which is four-month inpatient drug treatment and work crew program.

State law places restrictions on participation in diversionary programs. The most common being offenders may only participate in a program on one or two separate occasions and charges for certain offenses make offenders ineligible.


Table B-1. Criminal Sentencing Options
Sentence	Eligibility Criteria	Restrictions/Exclusions	Supervision Agency	Guidelines
"Flat"	Conviction for felony or misdemeanor offense		DOC & parole board	Statutory minimum & maximum ranges for classes of offenses Sentences for more than 1 offense can run concurrently or consecutively
Mandatory Minimum	Conviction for certain felony and misdemeanor offense	Ordered for only those offenses set out in state law as having mandatory minimum	DOC	Minimum sentence for specific offense set in state law Mandatory minimum term is not calculated in determining parole eligibility
Execution Suspended	Conviction for felony or misdemeanor offense		Any portion of the sentence not suspended administered by DOC & parole board Supervision during suspended portion may be administered by judicial branch - adult probation if followed by probation. If violation of probation, court may re-impose suspended portion that is administered by DOC	Court may impose a sentence length & then suspend all or part of it Court may order probation or condition or unconditional discharge instead of prison - can suspend total sentence
"Split"	Conviction for felony or misdemeanor offense		DOC, parole board, & judicial branch - adult probation	Sentence of incarceration followed by a court-ordered period of probation
Fine	Conviction for felony or misdemeanor offense Offender's financial resources, ability to pay, & rehabilitative effect		Collected by judicial branch	Statutory maximum amounts for felony & misdemeanor May be imposed in lieu of or in addition to any definite sentence option
Probation	Incarceration not necessary for public protection Offender needs guidance, treatment, training, or assistance Disposition not inconsistent with "ends of justice" Conviction for felony or misdemeanor offense Conditions can be modified any time during probation period after a court hearing	Class A felony not eligible	Judicial branch - adult probation	Statutory maximum periods for classes of offenses May be imposed in addition to a definite sentence ("split") or in lieu of incarceration (alternative sentence) Court may order placement/participation in alternative sanction program as part of condition of probation Court may order restitution based on calculated damages for victim injury, loss of property, treatment or lost wage expenses, & "reasonable" costs, but may not calculate reimbursement for victim mental anguish, pain, suffering, or intangible losses
Conditional discharge	Incarceration not necessary for public protection Probation supervision not appropriate or necessary Felony or misdemeanor offenses charge Court can modify or add conditions at any time after hearing	Class A felony not eligible Class B or C must be supervised	Judicial branch - adult probation	Statutory maximum periods for classes of offenses Released from conviction but subject to conditions Imposed in lieu of definite sentence
Unconditional discharge	Incarceration not necessary for public protection Probation supervision not appropriate No "proper purpose" for supervision conditions Sentenced felony or misdemeanor offender			Released from conviction without supervision or conditions Imposed in lieu of definite sentence
Special Parole	Felony or misdemeanor offenders sentenced to more than 2 years Criteria established by BOP Period of mandatory parole to follow the term of definite sentence		Parole board	Specific period of parole ordered after definite sentence: 1-10 years for felony convictions & 10-35 years for specific violent or sexual felony conviction Parole conditions not set by court at time of sentencing but by parole board at time of release Violators subject to incarceration for term of special parole - not to exceed statutory max term for offense - after hearing by parole board not court
Diversionary Sentence Options for Criminal Offenses
Accelerated Rehabilitation	First-time offenders accused of "less serious" or MV violations offenses punishable by a term of imprisonment Criteria: probable will not re-offend; waives right to speedy trial; & suspended statute of limitations	Charge or violation of: Class A or B felony; Class C unless good cause shown; DUI; sexual or indecent conduct with minor; specific violent offenses; offense resulting in a death; & any family violence offense in which offender is eligible for pre-trial family violence ed program Prior participation in AR or YO programs Prior criminal or specific MV conviction	Judicial branch - adult probation	Supervision for up to 2 years under CSSD, drug court, YSB May have conditions of release Successful completion dismisses charges
Youthful Offender	16-17 year old offenders Eligibility based on investigation by court, severity of crime, & victim's age or physical incapacity	Class A felony & specific sexual assault charge Prior conviction of felony, SJO, SRJO Prior participation in YO or AR	Judicial branch - adult probation & DOC	Defendant pleads to being YO YO sentenced & conditions imposed, can also serve prison time YO status is not a criminal conviction
Pre-trial Alcohol Education	Charged with operating a MV under influence	Previous participation in program Convicted of manslaughter 2 w/MV, assault 2 w/MV, operating MV under influence of alcohol, operating MV under influence of alcohol or drugs on/after 10/1/85 If violation of operating MV under influence resulted in serious physical injury of another, unless good cause is shown	CSSD- bail commission determines eligibility DMHAS does evaluation & placement in program Program administered by contracted provider	Suspend prosecution & order treatment program for 1 year and at least 10 counseling sessions Driver's license suspended for 1 year during program participation $425 program fee, indigent person may not be excluded Charges dismissed upon successful completion of program
Pre-trial Drug Education	Charge of possession of drug paraphernalia or possession of controlled substance other than narcotic, hallucinogenic, or less than 4 oz cannabis	Previous participation in program or community service labor program	CSSD- bail commission determines eligibility DMHAS does placement in program Program administered by contracted provider	Abide by conditions of program and participate for 4 days in community service labor program $600 program fee, indigent person may not be excluded Suspend prosecution & charges dismissed upon successful completion of program
Pre-trial Family Violence Education	Criminal charge involving family violence Class D or unclassified felony carrying sentence of more than 5 but less than 10 years only if "good cause" is shown	Previous conviction for family violence crime that occurred on or after 10/1/86 or previous referral to family violence education program Previous invoked AR for family violence charge that occurred on or after 10/1/86 Class A, B, C, or unclassified felony carrying sentence of more than 10 years unless good cause is shown or a Class D or unclassified felony carrying sentence of more than 5 years	Judicial - family violence intervention unit Program administered by contract provider	Suspend prosecution & order participation in program for 2 years with conditions imposed by court Court must notify victim of offender's participation $200 program fee, indigent person may not be excluded Charges dismissed at successful completion of program
Pre-trial Community Service Labor	Charged with illegal possession of narcotic, hallucinogenic, cannabis, marijuana, Participation limited to 2 separate admissions Participation pre-trial or upon conviction	Previous conviction for drug sale or possession Previous participation in pre-trial drug education program	Imposed by court Administered by judicial CSSD & contracted provider	Drug education is a component if participation is pre-trail and prosecution suspended If pre-trial, charges are dismissed upon successful completion If part of sentence, participation is part of plea agreement Period of participation is statutorily mandated at: possession of narcotic, 14 days for 1^st violation & 30 days for 2^nd possession of hallucinogenic/4+ oz of cannabis, 10 days for 1^st violation & 20 days for 2^nd possession of controlled substance other than narcotic, hallucinogenic, or less than 4 oz of cannabis, 2 days for 1^st violation & 10 days for 2nd
"Zero-Tolerance" Drug Supervision	Convicted & eligible to be sentenced to period of probation		Judicial - adult probation Program administered by contracted provider	Participation is condition of probation Periodic drug testing and failed test results in 2-day detention in halfway house and/or charge of violation of probation (VOP)
Source of Data: Connecticut General Statutes

¹Prior to July 1, 1981, an indeterminate sentencing structure was in place that imposed a minimum and maximum sentence range rather than a fixed sentence length.

²State v Jenkins, 198 Conn. 671 (1986) and State v O'Neill, 200 Conn. 268 (1986)

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