Sec. 53a-24. Offense defined. Application of sentencing provisions to motor
vehicle and drug selling violators. (a) The term "offense" means any crime or violation
which constitutes a breach of any law of this state or any other state, federal law or local
law or ordinance of a political subdivision of this state, for which a sentence to a term
of imprisonment or to a fine, or both, may be imposed, except one that defines a motor
vehicle violation or is deemed to be an infraction. The term "crime" comprises felonies
and misdemeanors. Every offense which is not a "crime" is a "violation". Conviction
of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(b) Notwithstanding the provisions of subsection (a) of this section, the provisions
of sections 53a-28 to 53a-44, inclusive, shall apply to motor vehicle violations. Said
provisions shall apply to convictions under section 21a-278 except that the execution
of any mandatory minimum sentence imposed under the provisions of said section may
not be suspended.
(1969, P.A. 828, S. 24; 1972, P.A. 294, S. 39; P.A. 75-380, S. 15; 75-577, S. 8, 126; P.A. 92-260, S. 8.)
History: 1972 act added provision in Subsec. (b) re applicability of Secs. 53a-28 to 53a-44 with respect to convictions
under Sec. 19-480a; P.A. 75-380 amended Subsec. (a) to include breach of federal and other states' laws as offense; P.A.
75-577 included infractions in exception to "offense" definition in Subsec. (a); P.A. 92-260 made technical changes.
Cited. 166 C. 449. Cited. 209 C. 98. Cited. 226 C. 191. Cited. 229 C. 716.
Cited. 9 CA 686. Cited. 24 CA 195. Cited. 27 CA 225. Cited. 41 CA 454. Cited. 45 CA 722.
Cited. 36 CS 527; Id., 551.
Subsec. (a):
Cited. 228 C. 758.
Cited. 6 CA 505. Cited. 22 CA 108.
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Sec. 53a-25. Felony: Definition, classification, designation. (a) An offense for
which a person may be sentenced to a term of imprisonment in excess of one year is a
felony.
(b) Felonies are classified for the purposes of sentence as follows: (1) Class A, (2)
class B, (3) class C, (4) class D, (5) unclassified and (6) capital felonies.
(c) The particular classification of each felony defined in this chapter is expressly
designated in the section defining it. Any offense defined in any other section of the
general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall be deemed an unclassified felony.
(1969, P.A. 828, S. 25; P.A. 73-137, S. 6; P.A. 92-260, S. 9.)
History: P.A. 73-137 added capital felonies classification in Subsec. (b); P.A. 92-260 made a technical change in
Subsecs. (a) and (c) and amended Subdiv. (6) of Subsec. (b) to delete "for which the sentence of death may be imposed
as provided in sections 53a-46a and 53a-54b".
See Secs. 53a-35 and 53a-35a re sentences for felonies.
See Sec. 53a-41 re fines for felonies.
Cited. 170 C. 601. Police officer may arrest without previous complaint or warrant any person who he has reasonable
grounds to believe has committed or is committing a felony. 171 C. 105. Cited. 196 C. 305.
Cited. 9 CA 686. Cited. 28 CA 91.
Cited. 36 CS 551.
Subsec. (a):
Cited. 11 CA 11.
Subsec. (c):
Cited. 11 CA 11.
Cited. 36 CS 527.
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Sec. 53a-26. Misdemeanor: Definition, classification, designation. (a) An offense for which a person may be sentenced to a term of imprisonment of not more than
one year is a misdemeanor.
(b) Misdemeanors are classified for the purposes of sentence as follows: (1) Class
A, (2) class B, (3) class C and (4) unclassified.
(c) The particular classification of each misdemeanor defined in this chapter is expressly designated in the section defining it. Any offense defined in any other section
of the general statutes which, by virtue of an expressly specified sentence, is within the
definition set forth in subsection (a) shall be deemed an unclassified misdemeanor.
(1969, P.A. 828, S. 26; P.A. 92-260, S. 10.)
History: P.A. 92-260 made a technical change in Subsec. (b).
See Sec. 53a-36 re sentences for misdemeanors.
See Sec. 53a-42 re fines for misdemeanors.
Cited. 202 C. 443.
Cited. 9 CA 686. Cited. 41 CA 476. Cited. 43 CA 1.
Cited. 36 CS 551.
Subsec. (a):
Cited. 36 CS 527.
Subsec. (c):
Cited. 36 CS 527.
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Sec. 53a-27. Violation: Definition, designation. (a) An offense, for which the
only sentence authorized is a fine, is a violation unless expressly designated an infraction.
(b) Every violation defined in this chapter is expressly designated as such. Any
offense defined in any other section which is not expressly designated a violation or
infraction shall be deemed a violation if, notwithstanding any other express designation,
it is within the definition set forth in subsection (a).
(1969, P.A. 828, S. 27; P.A. 75-577, S. 4, 126.)
History: P.A. 75-577 excluded offenses expressly designated as infractions from consideration as violation.
See chapter 881b (Sec. 51-174m et seq.) re infractions.
Cited. 9 CA 686. Cited. 40 CA 762. Cited. 41 CA 454.
Subsec. (a):
Cited. 27 CA 225.
Cited. 36 CS 527; Id., 551.
Subsec. (b):
Cited. 36 CS 527.
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Sec. 53a-28. Authorized sentences. (a) Except as provided in section 17a-699 and
chapter 420b, to the extent that the provisions of said section and chapter are inconsistent
herewith, every person convicted of an offense shall be sentenced in accordance with
this title.
(b) Except as provided in section 53a-46a, when a person is convicted of an offense,
the court shall impose one of the following sentences: (1) A term of imprisonment; or
(2) a sentence authorized by section 18-65a or 18-73; or (3) a fine; or (4) a term of
imprisonment and a fine; or (5) a term of imprisonment, with the execution of such
sentence of imprisonment suspended, entirely or after a period set by the court, and a
period of probation or a period of conditional discharge; or (6) a term of imprisonment,
with the execution of such sentence of imprisonment suspended, entirely or after a period
set by the court, and a fine and a period of probation or a period of conditional discharge;
or (7) a fine and a sentence authorized by section 18-65a or 18-73; or (8) a sentence of
unconditional discharge; or (9) a term of imprisonment and a period of special parole
as provided in section 54-125e.
(c) In addition to any sentence imposed pursuant to subsection (b) of this section,
if (1) a person is convicted of an offense that resulted in injury to another person or
damage to or loss of property, (2) the victim requests financial restitution, and (3) the
court finds that the victim has suffered injury or damage to or loss of property as a result
of such offense, the court shall order the offender to make financial restitution under
terms that it determines are appropriate. In determining the appropriate terms of financial
restitution, the court shall consider: (A) The financial resources of the offender and the
burden restitution will place on other obligations of the offender; (B) the offender's
ability to pay based on installments or other conditions; (C) the rehabilitative effect on
the offender of the payment of restitution and the method of payment; and (D) other
circumstances, including the financial burden and impact on the victim, that the court
determines make the terms of restitution appropriate. If the court determines that the
current financial resources of the offender or the offender's current ability to pay based
on installments or other conditions are such that no appropriate terms of restitution can
be determined, the court may forego setting such terms. The court shall articulate its
findings on the record with respect to each of the factors set forth in subparagraphs (A)
to (D), inclusive, of this subsection. Restitution ordered by the court pursuant to this
subsection shall be based on easily ascertainable damages for injury or loss of property,
actual expenses incurred for treatment for injury to persons and lost wages resulting from
injury. Restitution shall not include reimbursement for damages for mental anguish,
pain and suffering or other intangible losses, but may include the costs of counseling
reasonably related to the offense. Restitution ordered by the court pursuant to this subsection shall be imposed or directed by a written order of the court containing the amount
of damages for injury or loss of property, actual expenses incurred for treatment for
injury to persons and lost wages resulting from injury as ascertained by the court. The
order of the court shall direct that a certified copy of the order be delivered by certified
mail to the victim and contain an advisement to the victim that the order is enforceable
as a judgment in a civil action as provided in section 53a-28a.
(d) A sentence to a period of probation or conditional discharge in accordance with
sections 53a-29 to 53a-34, inclusive, shall be deemed a revocable disposition, in that
such sentence shall be tentative to the extent that it may be altered or revoked in accordance with said sections but for all other purposes it shall be deemed to be a final judgment
of conviction.
(e) When sentencing a person to a period of probation who has been convicted of
(1) a misdemeanor that did not involve the use, attempted use or threatened use of
physical force against another person or (2) a motor vehicle violation for which a sentence to a term of imprisonment may be imposed, the court shall consider, as a condition
of such sentence of probation, ordering the person to perform community service in
the community in which the offense or violation occurred. If the court determines that
community service is appropriate, such community service may be implemented by a
community court established in accordance with section 51-181c if the offense or violation occurred within the jurisdiction of a community court established by said section.
(1969, P.A. 828, S. 28; 1971, P.A. 871, S. 10; P.A. 73-137, S. 7; 73-639, S. 3; P.A. 75-633, S. 4; P.A. 92-260, S. 11;
P.A. 95-175, S. 1; P.A. 97-199, S. 1; June 18 Sp. Sess. P.A. 97-11, S. 62, 65; P.A. 98-234, S. 2; P.A. 00-196, S. 38; P.A.
01-211, S. 13; P.A. 03-19, S. 125.)
History: 1971 act added exception re Ch. 359 in Subsec. (a) and deleted references to "reformatory" sentences in
Subdivs. (2) and (7) of Subsec. (b), adding reference to Secs. 18-73 and 18-75 in Subdiv. (7) for conformity; P.A. 73-137
deleted references to Secs. 53a-46 and 53a-93 and added reference to Secs. 53a-46a and 53a-54b in Subsec. (b); P.A. 73-639 added references to Sec. 18-65 in Subdivs. (2) and (7) of Subsec. (b); P.A. 75-633 deleted reference to Secs. 18-65
and 18-75 in Subdiv. (1), adding reference to Sec. 18-65a and deleted reference to Sec. 18-75 in Subdiv. (7) of Subsec.
(b); P.A. 92-260 amended Subsec. (a) to replace reference to "chapter 368p" with "section 17a-656 and chapter 420b" and
replace "such chapter is" with "the provisions of said section and chapter are" and amended Subsec. (b) to delete from the
exclusionary provision references to Secs. 53a-45, 53a-54b and 53a-92, to make a technical change in Subdivs. (2) and
(6) and to replace reference to "Sec. 18-65" with "Sec. 18-65a" in Subdiv. (7); P.A. 95-175 inserted new Subsec. (c) re
order of financial restitution and considerations required prior to order and relettered former Subsec. (c) as Subsec. (d);
P.A. 97-199 added Subsec. (e) re order of community service in community where offense occurred, implemented by
community court; June 18 Sp. Sess. P.A. 97-11 changed effective date of P.A. 97-199 from October 1, 1997, to July 1,
1997, effective July 1, 1997; P.A. 98-234 amended Subsec. (b) to add Subdiv. (9) authorizing a sentence of a term of
imprisonment and a period of special parole as provided in Sec. 54-125e; P.A. 00-196 amended Subsec. (e) to delete
provisions re ordering community service as a condition of accelerated rehabilitation, said provisions being reenacted as
part of Sec. 54-56e by same public act, and to make technical changes; P.A. 01-211 amended Subsec. (c) to designate as
Subdiv. (1) the condition for ordering restitution that a person is convicted of an offense that resulted in injury to another
person or damage to or loss of property, add new Subdiv. (2) re condition that the victim requests financial restitution, add
new Subdiv. (3) re condition that the court finds that the victim has suffered injury or damage to or loss of property as a
result of such offense, require the court to order the offender to make financial restitution "under terms that it determines
are appropriate" rather than "if it determines that financial restitution is appropriate", replace "In determining whether
financial restitution is appropriate" with "In determining the appropriate terms of financial restitution", redesignate existing
Subdivs. (1), (2), (3) and (4) as Subparas. (A), (B), (C) and (D), replace in Subpara. (D) "other circumstances that the court
determines makes restitution appropriate or inappropriate" with "other circumstances, including the financial burden and
impact on the victim, that the court determines makes the terms of restitution appropriate", authorize the court to forego
setting appropriate terms of restitution if the current financial resources or ability to pay of the offender are such that no
appropriate terms can be determined, require the court to articulate its findings on the record re factors in Subparas. (A)
to (D), require restitution ordered by the court to be imposed or directed by a written order containing the amount of
damages, expenses and lost wages and require a certified copy of the court order to be delivered by certified mail to the
victim and to contain an advisement that the order is enforceable as provided in Sec. 53a-28a; P.A. 03-19 made a technical
change in Subsec. (c), effective May 12, 2003.
Cited. 172 C. 298. Court does not have sentencing options as provided in this section where Sec. 53a-36 provides for
a mandatory nonsuspendable term of imprisonment. 180 C. 557. Cited. 197 C. 337. Cited. 198 C. 671. Cited. 200 C. 268.
Cited. 207 C. 270. Cited. 208 C. 420. Cited. 210 C. 519. Cited. 225 C. 46.
Cited. 9 CA 686. Cited. 12 CA 32. Cited. 30 CA 416. Cited. 32 CA 656; judgment reversed in part, see 232 C. 345.
Monetary obligation re insurance for victim as a special condition of probation speculative. 55 CA 28.
Person convicted under section 19-481(a) required to be sentenced in accord with this chapter where sentence not
inconsistent with chapter 359. 31 CS 350. Does not provide for sentence of confinement with condition restricting authority
of commissioner of correction to award "good time". 35 CS 545. Cited. Id. Section contains no authority for order of
restitution unless it is a condition of probation or conditional discharge. Id., 675.
Subsec. (b):
Subdivs. (3) and (8) cited. 182 C. 595. Cited. 196 C. 655. Cited. 206 C. 608. Cited. 216 C. 40. Subdiv. (9): Defendant's
sentence of ten years of imprisonment followed by ten years of special parole violated Sec. 54-128(c) and was an illegal
sentence because total length of terms of imprisonment and special parole combined exceeded maximum term of imprisonment authorized for sexual assault in the second degree by Secs. 53a-35a(6) and 53a-71(b). 279 C. 527.
Cited. 8 CA 607.
Subsec. (c):
Cited. 34 CA 1. Court did not commit plain error when it did not conduct an analysis pursuant to subsec. during
sentencing because said subsec. does not apply to plea bargains in which defendant and the state have already agreed to
restitution amount. 81 CA 310.
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Sec. 53a-28a. Enforcement of orders of financial restitution. All financial obligations ordered pursuant to subsection (c) of section 53a-28 may be enforced in the
same manner as a judgment in a civil action by the party or entity to whom the obligation
is owed. Such obligations may be enforced at any time during the ten-year period following the offender's release from confinement or within ten years of the entry of the order
and sentence, whichever is longer.
(P.A. 95-175, S. 2.)
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Sec. 53a-29. Probation and conditional discharge: Criteria; periods. (a) The
court may sentence a person to a period of probation upon conviction of any crime,
other than a class A felony, if it is of the opinion that: (1) Present or extended institutional
confinement of the defendant is not necessary for the protection of the public; (2) the
defendant is in need of guidance, training or assistance which, in his case, can be effectively administered through probation supervision; and (3) such disposition is not inconsistent with the ends of justice.
(b) The court may impose a sentence of conditional discharge for an offense, other
than a class A felony, if it is of the opinion that: (1) Present or extended institutional
confinement of the defendant is not necessary for the protection of the public; and (2)
probation supervision is not appropriate.
(c) When the court imposes a sentence of conditional discharge the defendant shall
be released with respect to the conviction for which the sentence is imposed but shall
be subject, during the period of such conditional discharge, to such conditions as the
court may determine. The court shall impose the period of conditional discharge authorized by subsection (d) of this section and shall specify, in accordance with section 53a-30, the conditions to be complied with. When a person is sentenced to a period of probation the court shall impose the period authorized by subsection (d) of this section and
may impose any conditions authorized by section 53a-30. When a person is sentenced
to a period of probation, he shall pay to the court a fee of two hundred dollars and shall
be placed under the supervision of the Court Support Services Division.
(d) The period of probation or conditional discharge, unless terminated sooner as
provided in section 53a-32 or 53a-33, shall be as follows: (1) For a felony, except as
provided in subsection (e) of this section, not more than five years; (2) for a class A
misdemeanor, not more than three years; (3) for a class B misdemeanor, not more than
two years; (4) for a class C misdemeanor, not more than one year; and (5) for an unclassified misdemeanor, not more than one year if the authorized sentence of imprisonment
is three months or less, or not more than two years if the authorized sentence of imprisonment is in excess of three months, or where the defendant is charged with failure to
provide subsistence for dependents, a determinate or indeterminate period.
(e) The period of probation, unless terminated sooner as provided in section 53a-32, shall be not less than ten years or more than thirty-five years for conviction of a
violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f.
(1969, P.A. 828, S. 29; 1971, P.A. 871, S. 124, 129; P.A. 79-585, S. 8, 15; P.A. 89-219, S. 6, 10; P.A. 92-260, S. 12;
P.A. 93-340, S. 12, 19; P.A. 95-142, S. 2; P.A. 01-84, S. 14, 26; P.A. 02-132, S. 30; P.A. 04-139, S. 8; P.A. 05-288, S. 181.)
History: 1971 act repealed former Subsec. (e) requiring probation officer to make recommendation as to advisability
of continuing probation after probationer has been on probation for a year and allowing person on probation to be heard
by court with respect to continuance or discontinuance of probation; P.A. 79-585 replaced commission on adult probation
with office of adult probation in Subsec. (c); P.A. 89-219 amended Subsec. (c) to require a person sentenced to a period
of probation to pay to the court a fee of two hundred dollars; P.A. 92-260 amended Subsec. (c) to make technical changes
and amended Subsec. (d) to replace "hereinafter provided" with "provided in section 53a-32 or 53a-33" and to replace in
Subdiv. (5) "less than three months" with "three months or less"; P.A. 93-340 amended Subsec. (d) to add exception in
Subdiv. (1) re Subsec. (e) and added Subsec. (e) to authorize a period of probation of not more than thirty-five years for
conviction of a sexual assault under certain circumstances, effective July 1, 1993; P.A. 95-142 amended Subsec. (e) to
delete reference to an early termination of probation as provided in Sec. 53a-33, establish a minimum period of probation
of ten years, include a violation of Subdiv. (2) of Sec. 53-21 and delete the provisions that limited the applicability of the
Subsec. to where the conviction is of a second or subsequent violation or the defendant was eighteen years of age or older
and the victim was under thirteen years of age; P.A. 01-84 amended Subsec. (e) to replace reference to "subdivision (2)
of section 53-21" with "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 02-132 amended
Subsec. (c) by replacing "Office of Adult Probation" with "Court Support Services Division" and making a technical
change; P.A. 04-139 amended Subsec. (e) to include a violation of Sec. 53a-90a, 53a-196b, 53a-196c, 53a-196d, 53a-196e
or 53a-196f; P.A. 05-288 made technical changes in Subsec. (e), effective July 13, 2005.
Cited. 170 C. 128. Cited. 197 C. 337. Cited. 198 C. 671. Cited. 200 C. 268. Cited. 204 C. 52. Cited. 210 C. 519. Cited.
222 C. 299. Cited. 225 C. 46. Cited. 229 C. 285.
Cited. 9 CA 686. Cited. 12 CA 32. Cited. 30 CA 416. Cited. 32 CA 1. Cited. 34 CA 1.
Cited. 41 CS 229.
Subsec. (a):
Cited. 22 CA 108.
Cited. 37 CS 853.
Subsec. (b):
Cited. 182 C. 595.
Subsec. (d):
Subdiv. (1) cited. 37 CA 72.
Subsec. (e):
Sec. 2 of P.A. 95-142, which expanded probation eligibility factors and increased mandatory probation minimum
sentence, did not have retroactive effect. 253 C. 392.
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Sec. 53a-30. Conditions of probation and conditional discharge. (a) When imposing sentence of probation or conditional discharge, the court may, as a condition of
the sentence, order that the defendant: (1) Work faithfully at a suitable employment or
faithfully pursue a course of study or of vocational training that will equip the defendant
for suitable employment; (2) undergo medical or psychiatric treatment and remain in a
specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or
provide in a suitable manner, for the loss or damage caused thereby and the court may
fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with
the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute
to the minor's own support in any home or foster home; (6) post a bond or other security
for the performance of any or all conditions imposed; (7) refrain from violating any
criminal law of the United States, this state or any other state; (8) if convicted of a
misdemeanor or a felony, other than a capital felony, a class A felony or a violation of
section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any
offense for which there is a mandatory minimum sentence which may not be suspended
or reduced by the court, and any sentence of imprisonment is suspended, participate in an
alternate incarceration program; (9) reside in a residential community center or halfway
house approved by the Commissioner of Correction, and contribute to the cost incident
to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent
offense, as defined in section 54-250, or of a felony that the court finds was committed
for a sexual purpose, as provided in section 54-254, register such person's identifying
factors, as defined in section 54-250, with the Commissioner of Public Safety when
required pursuant to section 54-251, 54-252 or 54-253, as the case may be; (14) be
subject to electronic monitoring, which may include the use of a global positioning
system; (15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k
or 53a-181l, participate in an anti-bias crime education program; (16) if convicted of a
violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program
exists and is available to the defendant; or (17) satisfy any other conditions reasonably
related to the defendant's rehabilitation. The court shall cause a copy of any such order
to be delivered to the defendant and to the probation officer, if any.
(b) When a defendant has been sentenced to a period of probation, the Court Support
Services Division may require that the defendant comply with any or all conditions
which the court could have imposed under subsection (a) of this section which are not
inconsistent with any condition actually imposed by the court.
(c) At any time during the period of probation or conditional discharge, after hearing
and for good cause shown, the court may modify or enlarge the conditions, whether
originally imposed by the court under this section or otherwise, and may extend the
period, provided the original period with any extensions shall not exceed the periods
authorized by section 53a-29. The court shall cause a copy of any such order to be
delivered to the defendant and to the probation officer, if any.
(d) The period of participation in an alternate incarceration program, unless terminated sooner, shall not exceed the period of probation authorized by section 53a-29 or
two years, whichever is less.
(e) The court may require that the person subject to electronic monitoring pursuant
to subsection (a) of this section pay directly to the electronic monitoring service provider
a fee for the cost of such electronic monitoring services. If the court finds that the person
subject to electronic monitoring is indigent and unable to pay the costs of electronic
monitoring services, it shall waive such costs. Any contract entered into by the judicial
branch and the electronic monitoring service provider shall include a provision stating
that the total cost for electronic monitoring services shall not exceed six dollars per day.
Such amount shall be indexed annually to reflect the rate of inflation.
(1969, P.A. 828, S. 30; 1971, P.A. 781, S. 1; P.A. 73-231; P.A. 78-188, S. 4, 8; P.A. 79-585, S. 9, 15; P.A. 82-298, S.
8; P.A. 86-403, S. 88, 132; P.A. 89-383, S. 4, 16; 89-390, S. 19, 37; P.A. 90-213, S. 4, 56; June Sp. Sess. P.A. 91-9, S. 4,
10; P.A. 93-340, S. 13, 19; P.A. 94-128, S. 1, 3; P.A. 95-142, S. 3; P.A. 97-199, S. 3; June 18 Sp. Sess. P.A. 97-11, S. 62,
65; P.A. 99-183, S. 12, 13; P.A. 00-72, S. 5, 12; 00-141, S. 1; P.A. 01-84, S. 15, 26; P.A. 02-132, S. 31; P.A. 03-208, S.
1; P.A. 05-288, S. 182; P.A. 06-187, S. 29; 06-196, S. 292.)
History: 1971 act authorized court to order defendant to reside in residential community center and contribute to costs;
P.A. 73-231 authorized court to order that defendant shall reside in a halfway house approved by commissioner of correction;
P.A. 78-188 restated Subdiv. (4) in Subsec. (a) and required offender to submit to restitution investigation if necessary;
P.A. 79-585 replaced commission on adult probation with office of adult probation in Subsec. (b); P.A. 82-298 amended
Subsec. (a) by deleting provision re restitution investigation as provided in Sec. 54-110a; P.A. 86-403 made technical
change in Subsec. (c), substituting "conditional discharge" for "conditional release"; P.A. 89-383 amended Subsec. (a) to
add a new Subdiv. (8) authorizing the court to order certain defendants to participate in an alternate incarceration program,
renumbering the remaining Subdivs. accordingly, and added Subsec. (d) limiting the period of participation in an alternate
incarceration program, effective July 5, 1989, to July 1, 1994; P.A. 89-390 amended Subsec. (a) to add a new Subdiv. (9)
authorizing the court to order the defendant to participate in a program of special alternative incarceration in accordance
with Sec. 53a-39b, renumbering the remaining Subdiv. accordingly; P.A. 90-213 amended Subsec. (a) to add a new Subdiv.
(11) authorizing the court to order the defendant to participate in a program of community service labor in accordance
with Sec. 53a-39c, renumbering the remaining Subdiv. accordingly; June Sp. Sess. P.A. 91-9 amended Subsec. (a) to
eliminate former Subdiv. (9) authorizing court to order defendant to participate in a program of special alternative incarceration in accordance with Sec. 53a-39b, renumbering remaining Subdivs. accordingly; P.A. 93-340 amended Subsec. (a) to
add a new Subdiv. (11) authorizing the court to order the defendant to undergo specialized sexual offender treatment when
convicted of sexual assault under certain circumstances, renumbering the remaining Subdiv. accordingly, effective July
1, 1993; P.A. 94-128 negated effect of P.A. 89-383 which had discontinued alternative incarceration program as of July
1, 1994, and reenacted and continued existence of section, effective July 1, 1994; P.A. 95-142 amended Subdiv. (11) of
Subsec. (a) to include a violation of Subdiv. (2) of Sec. 53-21 and delete provisions that limited the applicability of said
Subdiv. to where the conviction is of a second or subsequent violation or the defendant was eighteen years of age or older
and the victim was under thirteen years of age; P.A. 97-199 amended Subsec. (a) by adding new Subdiv. (11) re participation
in program of community service and by renumbering existing Subdivs. (11) and (12) as Subdivs. (12) and (13), respectively;
June 18 Sp. Sess. P.A. 97-11 changed effective date of P.A. 97-199 from October 1, 1997, to July 1, 1997, effective July
1, 1997; P.A. 99-183 amended Subsec. (a) by adding new Subdiv. (13) re registration of identifying factors with the
Commissioner of Public Safety by certain sexual offenders and renumbering existing Subdiv. (13) as Subdiv. (14), effective
July 1, 1999; P.A. 00-72 amended Subsec. (a) by adding new provision, designated as Subdiv. (15), re participation in an
anti-bias crime education program and making technical changes, effective July 1, 2001; P.A. 00-141 amended Subsec.
(a) to make technical changes and add Subdiv. (14) re electronic monitoring, and added Subsec. (e) re electronic monitoring
services; P.A. 01-84 amended Subsec. (a)(12) to replace reference to "subdivision (2) of section 53-21" with "subdivision
(2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 02-132 amended Subsec. (b) by replacing "Office of
Adult Probation" with "Court Support Services Division" and making a technical change; P.A. 03-208 amended Subsec.
(a) by adding new Subdiv. (16) re counseling or participation in an animal cruelty prevention and education program for
defendant convicted of a violation of Sec. 53-247 and redesignating existing Subdiv. (16) as Subdiv. (17); P.A. 05-288
made a technical change in Subsec. (e), effective July 13, 2005; P.A. 06-187 amended Subsec. (a)(14) to provide that
electronic monitoring may include the use of a global positioning system and amended Subsec. (e) to increase the maximum
total daily cost for electronic monitoring services from five dollars to six dollars, effective July 1, 2006; P.A. 06-196
changed effective date of P.A. 06-187, S. 29 from July 1, 2006, to October 1, 2006, effective June 7, 2006.
Cited. 170 C. 128. Cited. 204 C. 52. Cited. 207 C. 152. Cited. 222 C. 299. Cited. 225 C. 46. Cited. 240 C. 639.
Cited. 9 CA 686. Cited. 12 CA 338. Cited. 14 CA 272. Cited. 19 CA 304. Cited. 22 CA 199; Id., 449. Cited. 32 CA 1.
Cited. 33 CA 432. Cited. 34 CA 1. Cited. 39 CA 722. Cited. 45 CA 722. Trial court's modification of defendant's probation
to include sex offender evaluation and treatment was proper; Office of Adult Probation had authority under the statute to
add an additional condition of probation; sexual offender treatment is clearly enumerated in Subsec. (a) and could have
been imposed by sentencing court; and at any time during the period of probation, after hearing and for good cause shown,
court may modify or enlarge the conditions of probation pursuant to Subsec. (c). 57 CA 112. Failure to deliver a written
copy of conditions of probation did not excuse subsequent probation violation and did not invalidate resulting probation
revocation. 58 CA 153. Condition required by Office of Adult Probation was inconsistent with those required by court.
69 CA 421 (judgment reversed, see 268 C. 174). Under this section, the office of probation had authority to include a
curfew restriction on defendant at the start of his probationary period without a court hearing and a showing of good cause,
and such a condition was not inconsistent with the purposes of probation. 75 CA 643. List set forth in section meant to be
illustrative, and not exhaustive. 83 CA 142.
Cited. 35 CS 536. Requiring defendant to sell his gun collection was a condition reasonably related to his rehabilitation.
Id., 570. Cited. 41 CS 229. Cited. 42 CS 574.
Subsec. (a):
Cited. 169 C. 223. Subdiv. (2) cited. Id., 223. Subdiv. (7) cited. 196 C. 305. Cited. 229 C. 285. 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.
Subdiv. (9) cited. 3 CA 410. Subdiv. (4) cited. 7 CA 326. Cited. 42 CA 460. Cited. 45 CA 722. Trial court's order of
sexual offender treatment was authorized because section grants the court broad authority to impose any other conditions
reasonably related to rehabilitation. 57 CA 743. Court's order that defendant pay veterinary and impoundment bills incurred
from defendant's failure to restrain an animal from doing injury to another animal in violation of Sec. 53-247(a) was proper
because such bills met statutory requirement of "fruits" for which the court may order restitution and such order did not
violate "due process" because court was justified in concluding that defendant had means of earning income during the
period set for restitution. 84 CA 542. Trial court's order of specialized sex offender treatment as condition of probation
was authorized under Subdiv. (17) re "other conditions reasonably related to" rehabilitation and was not prohibited due
to omission from Subdiv. (12) which enumerated certain crimes meriting such treatment. 95 CA 686.
Subdiv. (4) cited. 35 CS 675. Cited. 37 CS 853. Subdiv. (4) cited. 39 CS 504
Subsec. (b):
Cited. 229 C. 285.
Cited. 3 CA 410. Cited. 33 CA 103. Cited. 42 CA 768. Office's requirement that, as part of sex offender treatment,
defendant refrain from use of alcohol is consistent with terms ordered by the court and therefore properly imposed by the
office. 60 CA 614. Probation officer could not enter into agreement with defendant that would have been in direct contradiction to a condition of probation imposed by sentencing court. 86 CA 657.
Cited. 37 CS 853.
Subsec. (c):
Special condition on probation administration properly imposed one year after sentencing in exercise of court's discretion. 207 C. 152.
Cited. 33 CA 103. Cited. 37 CA 72. Cited. 42 CA 768. Probation officer did not have authority to modify original
conditions of probation ordered by sentencing court. 86 CA 657.
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Sec. 53a-31. Calculation of periods of probation and conditional discharge.
(a) A period of probation or conditional discharge commences on the day it is imposed,
except that, where it is preceded by a sentence of imprisonment with execution suspended after a period of imprisonment set by the court, it commences on the day the
defendant is released from such imprisonment. Multiple periods, whether imposed at
the same or different times, shall run concurrently.
(b) Issuance of a warrant or notice to appear for violation pursuant to section 53a-32 shall interrupt the period of the sentence as of the date of such issuance until a final
determination as to the violation has been made by the court. During the interrupted
period, the court may impose any of the conditions of release set forth in section 54-64a. In the absence of a warrant or notice to appear for violation pursuant to section
53a-32, if the defendant has failed to comply with any of the conditions of probation or
conditional discharge, such failure shall not relieve the Court Support Services Division
from the responsibility of supervising the defendant.
(c) In any case where a person who is under a sentence of probation or of conditional
discharge is also under an indeterminate sentence of imprisonment, or a sentence authorized under section 18-65a or 18-73, imposed for some other offense by a court of this
state, the service of the sentence of imprisonment shall satisfy the sentence of probation
or of conditional discharge unless the sentence of probation or of conditional discharge
is revoked prior to parole or satisfaction of the sentence of imprisonment.
(1969, P.A. 828, S. 31; 1971, P.A. 871, S. 11; P.A. 87-282, S. 20; P.A. 92-260, S. 13; P.A. 97-151, S. 1; P.A. 02-132,
S. 32; P.A. 03-278, S. 103.)
History: 1971 act substituted sentences "authorized under section 18-73 or 18-75" for "reformatory" sentences in
Subsec. (c); P.A. 87-282 amended Subsec. (c) to delete obsolete reference to repealed Sec. 18-75; P.A. 92-260 amended
Subsec. (c) to add reference to Sec. 18-65a; P.A. 97-151 amended Subsec. (b) to authorize the court to impose any of the
conditions of release set forth in Sec. 54-64a during the interrupted period and provide that, in the absence of a warrant or
notice to appear for violation, the failure of the defendant to comply with any conditions of probation or conditional
discharge does not relieve the Office of Adult Probation from the responsibility of supervising the defendant; P.A. 02-132
amended Subsec. (b) by replacing "Office of Adult Probation" with "Court Support Services Division"; P.A. 03-278 made
a technical change in Subsec. (b), effective July 9, 2003.
Cited. 170 C. 128. Cited. 222 C. 299.
Cited. 9 CA 686. Cited. 32 CA 1. Cited. 34 CA 1. Held: Term "release" as used in section includes physical release
from custody whether by mistake or not and probation commences by operation of law on date of actual release from
imprisonment. 36 CA 440.
Subsec. (a):
Cited. 24 CA 575. Cited. 39 CA 722. Although probation may continue during a period of incarceration, it does not
commence pursuant to this section unless defendant is released from imprisonment. 60 CA 515.
Subsec. (b):
Cited. 9 CA 59. Cited. 37 CA 72. Cited. 39 CA 722. Defendant is not excused from complying with conditions of
probation simply because a probation officer informs him that he is in violation of that probation. 75 CA 643.
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Sec. 53a-32. Violation of probation or conditional discharge. Arrest. Hearing.
Disposition. (a) At any time during the period of probation or conditional discharge,
the court or any judge thereof may issue a warrant for the arrest of a defendant for
violation of any of the conditions of probation or conditional discharge, or may issue a
notice to appear to answer to a charge of such violation, which notice shall be personally
served upon the defendant. Any such warrant shall authorize all officers named therein
to return the defendant to the custody of the court or to any suitable detention facility
designated by the court. Whenever a defendant has, in the judgment of such defendant's
probation officer, violated the conditions of such defendant's probation, the probation
officer may, in lieu of having such defendant returned to court for proceedings in accordance with this section, place such defendant in the zero-tolerance drug supervision program established pursuant to section 53a-39d. Whenever a sexual offender, as defined
in section 54-260, has violated the conditions of such person's probation by failing to
notify such person's probation officer of any change of such person's residence address,
as required by said section, such probation officer may notify any police officer that
such person has, in such officer's judgment, violated the conditions of such person's
probation and such notice shall be sufficient warrant for the police officer to arrest such
person and return such person to the custody of the court or to any suitable detention
facility designated by the court. Any probation officer may arrest any defendant on
probation without a warrant or may deputize any other officer with power to arrest to
do so by giving such other officer a written statement setting forth that the defendant
has, in the judgment of the probation officer, violated the conditions of the defendant's
probation. Such written statement, delivered with the defendant by the arresting officer
to the official in charge of any correctional center or other place of detention, shall be
sufficient warrant for the detention of the defendant. After making such an arrest, such
probation officer shall present to the detaining authorities a similar statement of the
circumstances of violation. Provisions regarding release on bail of persons charged with
a crime shall be applicable to any defendant arrested under the provisions of this section.
Upon such arrest and detention, the probation officer shall immediately so notify the
court or any judge thereof. Thereupon, or upon an arrest by warrant as herein provided,
the court shall cause the defendant to be brought before it without unnecessary delay
for a hearing on the violation charges. At such hearing the defendant shall be informed
of the manner in which such defendant is alleged to have violated the conditions of such
defendant's probation or conditional discharge, shall be advised by the court that such
defendant has the right to retain counsel and, if indigent, shall be entitled to the services
of the public defender, and shall have the right to cross-examine witnesses and to present
evidence in such defendant's own behalf.
(b) If such violation is established, the court may: (1) Continue the sentence of
probation or conditional discharge; (2) modify or enlarge the conditions of probation
or conditional discharge; (3) extend the period of probation or conditional discharge,
provided the original period with any extensions shall not exceed the periods authorized
by section 53a-29; or (4) revoke the sentence of probation or conditional discharge. If
such sentence is revoked, the court shall require the defendant to serve the sentence
imposed or impose any lesser sentence. Any such lesser sentence may include a term
of imprisonment, all or a portion of which may be suspended entirely or after a period
set by the court, followed by a period of probation with such conditions as the court
may establish. No such revocation shall be ordered, except upon consideration of the
whole record and unless such violation is established by the introduction of reliable and
probative evidence and by a preponderance of the evidence.
(1969, P.A. 828, S. 32; 1971, P.A. 871, S. 12; P.A. 86-403, S. 89, 132; P.A. 95-142, S. 7; P.A. 98-130; P.A. 99-187,
S. 4.)
History: 1971 act clarified Subsec. (b) to specify that lesser sentence may be imposed when a sentence is revoked; P.A.
86-403 made technical change in Subsec. (b), substituting "conditional discharge" for "conditional release"; P.A. 95-142
amended Subsec. (a) to add provision re the arrest and return of a sexual offender who has violated the conditions of his
probation by failing to notify his probation officer of a change of address and amended Subsec. (b) to rephrase provisions,
insert Subdiv. indicators, add Subdiv. (3) authorizing an extension of the period of probation or conditional discharge and
prohibit revocation of probation or conditional discharge unless a violation is established "by the introduction of reliable
and probative evidence and by a preponderance of the evidence" rather than by "reliable and probative evidence"; P.A.
98-130 amended Subsec. (b) to add provision that any lesser sentence imposed upon revocation may include a term of
imprisonment followed by a period of probation; P.A. 99-187 amended Subsec. (a) to add provision authorizing a probation
officer to place a defendant who, in such officer's judgment, has violated the conditions of such defendant's probation in
the zero-tolerance drug supervision program in lieu of returning such defendant to court for violation of probation proceedings and to make technical changes for purposes of gender neutrality.
Cited. 165 C. 73. Defendant's right to counsel hereunder is of "constitutional dimension", and tests of competency are
met. 167 C. 639. Order of probation revocation was upheld where defendant moved from receiving state of Maine to
Massachusetts without reporting to Connecticut parole authorities and was convicted of possession of drugs in Massachusetts. Id. Cited. 169 C. 223. Cited. 170 C. 118. In determining issue of "unnecessary delay" principles applicable to sixth
amendment "speedy trial" determinations may be considered. 192 C. 321. Cited. 193 C. 35. Cited. 195 C. 461. Cited. 204
C. 52. Cited. 207 C. 152; Id., 565. Cited. 219 C. 629. Cited. 222 C. 299. Cited. 226 C. 191. Cited. 228 C. 487. "Fair
preponderance of the evidence" standard for determining whether probation has been violated. Judgment of appellate court
in State v. Davis, 29 CA 801, 813, reversed. 229 C. 285. Cited. 235 C. 469. Cited. 240 C. 639. Cited. 242 C. 648. Willfulness
not an element of a probation violation; state need only establish that probationer knew of the condition and engaged in
conduct that violated the condition. 256 C. 412.
Cited. 3 CA 410. Cited. 6 CA 394. Cited. 7 CA 131. Cited. 9 CA 59; Id., 686. Cited. 11 CA 251. Cited. 12 CA 679.
Cited. 13 CA 638. Cited. 15 CA 34. Cited. 16 CA 264. Cited. 18 CA 368. Cited. 19 CA 304. Cited. 20 CA 572. Cited. 22
CA 303. Cited. 23 CA 642; judgment reversed, see 219 C. 629. Cited. 27 CA 225; Id., 780. Standard of proof needed to
find a violation of probation discussed. 29 CA 801; judgment reversed, see 229 C. 285. Cited. 30 CA 346. Cited. 31 CA
278; judgment reversed, see 230 C. 385.; see also 37 CA 801. Cited. 32 CA 1. Cited. 33 CA 162, see also 35 CA 520.
Cited. 34 CA 1; Id., 46; Id., 537. Cited. 35 CA 107. Proper standard of proof in revocation of probation proceeding is that
of a fair preponderance of the evidence; previous consideration of case, 33 CA 162, remanded for reconsideration, 229 C.
916; original judgment reversed and case remanded for new probation revocation hearing. Id., 520. Sec. 53a-31 et seq.
cited. 36 CA 440. Cited. 37 CA 72. Cited. 38 CA 762. Cited. 39 CA 175; Id., 267; Id., 722. Cited. 40 CA 395. Cited. 42
CA 768. Cited. 45 CA 566. Reaffirmed prior holding that proper standard of proof for revocation of probation hearing
proceeding is a fair preponderance of evidence and that revocation is on consideration of the whole record. 52 CA 557. A
probation revocation hearing has two distinct components. 56 CA 125. In determining whether defendant's probationary
status should be revoked court has broad discretion and every reasonable presumption should be given in favor of the
correctness of court's ruling. 57 CA 743. State may amend the factual basis for an alleged probation violation prior to a
hearing under section. 60 CA 515. If a specific condition of probation does not explicitly proscribe certain noncriminal
conduct and can not be reasonably interpreted to proscribe such conduct, defendant must receive actual notice that continuation of the conduct could result in a charge of violation of a condition of probation. Id., 716. Willfulness is not element of
the offense of violation of probation. Court's findings that defendant violated probation were not clearly erroneous. 68
CA 367. Trial court did not abuse its discretion in revoking defendant's probation and reinstating prison sentence after
defendant's urine tested positive for opiate. Id., 437. Court is vested with broad discretion in determining, on basis of the
entire record, whether sentence of probation should continue or be revoked, and court may require defendant to serve the
sentence imposed or impose a lesser sentence. 81 CA 710.
Cited. 42 CS 574.
Subsec. (a):
Cited. 10 CA 395. Cited. 25 CA 421; judgment reversed, see 222 C. 299. Trial court reasonably could have found, by
a preponderance of the evidence, that defendant violated his probation by engaging in breach of the peace and criminal
mischief and thus violated criminal laws of the state. 57 CA 64. State satisfied notice requirements when it recited the
charges constituting defendant's violation of probation during both defendant's arraignment and probation revocation
hearing. 80 CA 75.
Subsec. (b):
Cited. 178 C. 145. Cited. 225 C. 46. Court's discretion to provide right of allocution to defendant during probation
revocation proceeding is identical to discretion provided at time of original sentencing. 243 C. 339.
Cited. 1 CA 70. Cited. 10 CA 395. Cited. 31 CA 660. Trial court has broad discretion in continuing or revoking sentence
of probation. 50 CA 46. Provides that once a probation violation is established, court may extend period of probation if
original period with any extension does not exceed periods authorized by Sec. 53a-29. 72 CA 33. Subsec. requires that
violation of probation be "established by the introduction of reliable and probative evidence." This requirement is not
satisfied when, as in this case, the substance that defendant possessed was readily available for laboratory analysis to
determine whether it in fact contained cocaine, a narcotic, but was never subjected to such testing. 81 CA 409.
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Sec. 53a-32a. Violation of probation by certain sexual offenders. If a defendant
who entered a plea of nolo contendere or a guilty plea under the Alford doctrine to 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 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual
offender treatment as a condition of probation, becomes ineligible for such treatment
because of such defendant's refusal to acknowledge that such defendant committed the
act or acts charged, such defendant shall be deemed to be in violation of the conditions
of such defendant's probation and be returned to court for proceedings in accordance
with section 53a-32.
(P.A. 97-151, S. 2; P.A. 01-84, S. 16, 26.)
History: P.A. 01-84 replaced 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," included a violation of "subdivision (2) of
subsection (a) of section 53-21" and made technical changes for purposes of gender neutrality, effective July 1, 2001.
Trial court not required to notify defendant, upon entering guilty plea under Alford doctrine, that failure to acknowledge
his guilt could result in violation of condition of his probation requiring sex offender treatment. 268 C. 174.
Statute can be applied only prospectively. 69 CA 421. Trial court improperly considered defendant's refusal to admit
to guilt during sexual offender treatment as a violation of probation. Id. (judgment reversed, see 268 C. 174). Section does
not prevent court from revoking probation for failure to satisfy probation condition of successful completion of sexual
offender treatment related to a crime committed under Sec. 53a-21(a)(1) which is not enumerated in section because
section's automatic nature does not deprive courts of discretion to revoke probation under other circumstances. 95 CA 686.
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Sec. 53a-33. Termination of probation or conditional discharge. The court or
sentencing judge may at any time during the period of probation or conditional discharge,
after hearing and for good cause shown, terminate a sentence of probation or conditional
discharge before the completion thereof, except a sentence of probation imposed for
conviction 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 or
section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.
(1969, P.A. 828, S. 33; P.A. 92-260, S. 14; P.A. 95-142, S. 11; P.A. 01-84, S. 17, 26.)
History: P.A. 92-260 added "a sentence of"; P.A. 95-142 specified that a sentence of probation or conditional discharge
may be terminated "before the completion thereof" and precluded termination of a sentence of probation imposed for
conviction of a violation of Subdiv. (2) of Sec. 53-21 or Sec. 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b; P.A. 01-84
replaced 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 included a violation of "subdivision (2) of subsection (a)
of section 53-21", effective July 1, 2001.
Cited. 165 C. 73. Cited. 170 C. 128. Cited. 219 C. 752. Cited. 222 C. 299. Cited. 225 C. 46.
Cited. 9 CA 686. Cited. 32 CA 1. Cited. 34 CA 1. Sec. 53a-31 et seq. cited. 36 CA 440.
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Sec. 53a-34. Unconditional discharge: Criteria; effect. (a) The court may impose a sentence of unconditional discharge in any case where it is authorized to impose a sentence of conditional discharge under section 53a-29, if the court is of the opinion that no p