Connecticut Seal

General Assembly

Amendment

 

January Special Session, 2008

LCO No. 10099

   
 

*SB0170010099SRO*

Offered by:

 

SEN. MCKINNEY, 28th Dist.

REP. CAFERO, 142nd Dist.

 

To: Senate Bill No. 1700

File No.

Cal. No.

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective from passage) (a) Notwithstanding any other provision of the general statutes, whenever a person (1) stands convicted of murder other than a capital felony, manslaughter, arson, kidnapping, robbery in the first or second degree, robbery involving an occupied motor vehicle, assault constituting a felony, sexual assault in the first degree, aggravated sexual assault in the first degree, sexual assault in the third degree, sexual assault in the third degree with a firearm, home invasion, burglary in the first degree, burglary in the second degree with a firearm or stalking in the first degree, and (2) has been, prior to the commission of the present crime, two or more times convicted in this state or in any other state or in a federal system for (A) any of the crimes enumerated in subdivision (1) of this subsection or any predecessor statutes in this state, or an attempt to commit any of said crimes, or (B) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subdivision (1) of this subsection, the court shall sentence such person to a term of life imprisonment without the possibility of release, provided such sentence may be reviewed, upon application of the person to a three-judge panel of the superior court appointed by the Chief Court Administrator, after such person has served at least thirty years of the sentence or the earliest date such person is otherwise eligible for release under any other provision of the general statutes, whichever is later. The decision of any two of the judges shall be sufficient to determine any matter before the panel. No judge may sit or act on a review under this section of a sentence imposed by such judge and, in any case in which review of a sentence imposed by any of the judges serving on the panel is to be acted on by the panel, the Chief Court Administrator may designate another judge to act in place of the judge.

(b) Upon receipt of such application for the purpose of a sentence review, the panel shall review the complete criminal record of the applicant including, but not limited to, sentencing transcripts, victim statements and correctional records and conduct a hearing regarding the application. At such hearing, the panel shall permit any victim of the applicant and any prosecuting attorney to appear before the panel for the purpose of making a statement for the record concerning whether or not to modify the sentence of the applicant. In lieu of such appearance, the victim or prosecuting attorney may submit a written statement to the panel and the panel shall make such statement a part of the record at the hearing.

(c) After such review and hearing pursuant to subsection (b) of this section, the panel may (1) reduce the sentence as the panel deems appropriate, (2) modify the sentence to a period of special parole or probation, or (3) leave the sentence unaltered. The decision of the panel in each case is final and the reasons for such decision shall be stated therein. If the panel does not reduce or modify the sentence, the applicant may apply for another sentence review not less than five years after the panel has rendered its decision.

(d) It shall be an affirmative defense to a charge under this section that (1) as to any prior conviction on which the state is relying the defendant was pardoned on the ground of innocence, and (2) without such conviction, the defendant was not two or more times convicted and imprisoned as required by this section. "