CHAPTER 952*
PENAL CODE: OFFENSES

      *Cited. 191 C. 73. Cited. 192 C. 571. Cited. 202 C. 629. Cited. 204 C. 630. Cited. 209 C. 75.

      Person convicted, pursuant to chapter 359 (368p), to be sentenced in accordance with this chapter where no inconsistency results. 31 CS 350.


Table of Contents

Sec. 53a-24. Offense defined. Application of sentencing provisions to motor vehicle and drug selling violators.
Sec. 53a-25. Felony: Definition, classification, designation.
Sec. 53a-26. Misdemeanor: Definition, classification, designation.
Sec. 53a-27. Violation: Definition, designation.
Sec. 53a-28. Authorized sentences.
Sec. 53a-28a. Enforcement of orders of financial restitution.
Sec. 53a-29. Probation and conditional discharge: Criteria; periods.
Sec. 53a-30. Conditions of probation and conditional discharge.
Sec. 53a-31. Calculation of periods of probation and conditional discharge.
Sec. 53a-32. Violation of probation or conditional discharge. Arrest. Hearing. Disposition.
Sec. 53a-32a. Violation of probation by certain sexual offenders.
Sec. 53a-33. Termination of probation or conditional discharge.
Sec. 53a-34. Unconditional discharge: Criteria; effect.
Sec. 53a-35. Imprisonment for any felony committed prior to July 1, 1981: Indeterminate sentences; maximum and minimum terms.
Sec. 53a-35a. Imprisonment for any felony committed on or after July 1, 1981: Definite sentences; terms authorized.
Sec. 53a-35b. "Life imprisonment" defined.
Sec. 53a-35c. Availability of sentence of life imprisonment without the possibility of release.
Sec. 53a-36. Imprisonment for misdemeanor: Maximum and minimum sentences.
Sec. 53a-37. Multiple sentences: Concurrent or consecutive, minimum term.
Sec. 53a-38. Calculation of terms of imprisonment.
Sec. 53a-39. Reduction of sentence or discharge of defendant by sentencing court or judge. Statement by victim.
Sec. 53a-39a. Alternate incarceration program.
Sec. 53a-39b. Special alternative incarceration program for young male defendants.
Sec. 53a-39c. Community service labor program.
Sec. 53a-39d. Pilot zero-tolerance drug supervision program.
Sec. 53a-40. Persistent offenders: Definitions; defense; authorized sentences.
Sec. 53a-40a. Persistent offenders of crimes involving bigotry or bias. Authorized sentences.
Sec. 53a-40b. Additional term of imprisonment authorized for offense committed while on release.
Sec. 53a-40c. Psychological counseling required for person convicted of sexual assault of a minor.
Sec. 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order. Authorized sentences.
Sec. 53a-40e. Standing criminal restraining order.
Sec. 53a-40f. Persistent operating while under the influence felony offender. Authorized sentences.
Sec. 53a-41. Fines for felonies.
Sec. 53a-42. Fines for misdemeanors.
Sec. 53a-43. Fines for violations.
Sec. 53a-44. Alternative fine based on defendant's gain.
Sec. 53a-44a. Surcharge on fine for criminal trespass or criminal mischief on public land.
Sec. 53a-45. Murder: Penalty; waiver of jury trial; finding of lesser degree.
Sec. 53a-46. Sentencing proceedings; appeal.
Sec. 53a-46a. Imposition of sentence for capital felony. Hearing. Special verdict. Mitigating and aggravating factors. Factors barring death sentence.
Sec. 53a-46b. Review of death sentence.
Sec. 53a-46c. Applicability of death penalty provisions in effect on and after October 1, 1980.
Sec. 53a-46d. Victim impact statement read in court prior to imposition of sentence for crime punishable by death.
Sec. 53a-47. Disposition of person found not guilty by reason of mental disease or defect. Confinement and examination. Release.
Sec. 53a-48. Conspiracy. Renunciation.
Sec. 53a-49. Criminal attempt: Sufficiency of conduct; renunciation as defense.
Sec. 53a-50. Effect of motivation on renunciation.
Sec. 53a-51. Classification of attempt and conspiracy.
Sec. 53a-52. Conviction; sentencing.
Secs. 53a-53 and 53a-54. Homicide defined. Murder defined; affirmative defenses; evidence of mental condition; classification.
Sec. 53a-54a. Murder.
Sec. 53a-54b. Capital felony.
Sec. 53a-54c. Felony murder.
Sec. 53a-54d. Arson murder.
Sec. 53a-55. Manslaughter in the first degree: Class B felony.
Sec. 53a-55a. Manslaughter in the first degree with a firearm: Class B felony: Five years not suspendable.
Sec. 53a-56. Manslaughter in the second degree: Class C felony.
Sec. 53a-56a. Manslaughter in the second degree with a firearm: Class C felony: One year not suspendable.
Sec. 53a-56b. Manslaughter in the second degree with a motor vehicle: Class C felony.
Sec. 53a-57. Misconduct with a motor vehicle: Class D felony.
Sec. 53a-58. Criminally negligent homicide: Class A misdemeanor.
Sec. 53a-58a. Negligent homicide with a motor vehicle.
Sec. 53a-59. Assault in the first degree: Class B felony: Nonsuspendable sentences.
Sec. 53a-59a. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree: Class B felony: Five years not suspendable.
Sec. 53a-59b. Assault of an employee of the Department of Correction in the first degree: Class B felony.
Sec. 53a-59c. Assault of a pregnant woman resulting in termination of pregnancy: Class A felony.
Sec. 53a-60. Assault in the second degree: Class D felony.
Sec. 53a-60a. Assault in the second degree with a firearm: Class D felony: One year not suspendable.
Sec. 53a-60b. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree: Class D felony: Two years not suspendable.
Sec. 53a-60c. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree with a firearm: Class D felony: Three years not suspendable.
Sec. 53a-60d. Assault in the second degree with a motor vehicle: Class D felony.
Sec. 53a-61. Assault in the third degree: Class A misdemeanor.
Sec. 53a-61a. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the third degree: Class A misdemeanor: One year not suspendable.
Secs. 53a-61b to 53a-61z.
Sec. 53a-61aa. Threatening in the first degree: Class D felony.
Sec. 53a-62. Threatening in the second degree: Class A misdemeanor.
Sec. 53a-63. Reckless endangerment in the first degree: Class A misdemeanor.
Sec. 53a-64. Reckless endangerment in the second degree: Class B misdemeanor.
Sec. 53a-65. Definitions.
Sec. 53a-66. Lack of consent.
Sec. 53a-67. Affirmative defenses.
Secs. 53a-68 and 53a-69. Corroboration; exceptions. Time limitation for complaint.
Sec. 53a-70. Sexual assault in the first degree: Class B or A felony.
Sec. 53a-70a. Aggravated sexual assault in the first degree: Class B or A felony.
Sec. 53a-70b. Sexual assault in spousal or cohabiting relationship: Class B felony.
Sec. 53a-71. Sexual assault in the second degree: Class C or B felony.
Sec. 53a-72. Rape in the first degree: Class B felony.
Sec. 53a-72a. Sexual assault in the third degree: Class D or C felony.
Sec. 53a-72b. Sexual assault in the third degree with a firearm: Class C or B felony.
Sec. 53a-73. Rape in the second degree: Class C felony.
Sec. 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony.
Secs. 53a-74 to 53a-81. Rape in the second degree. Deviate sexual intercourse in the first and second degree. Sexual contact in the first, second and third degree. Adultery: Class A misdemeanor.
Sec. 53a-82. Prostitution: Class A misdemeanor.
Sec. 53a-83. Patronizing a prostitute: Class A misdemeanor.
Sec. 53a-83a. Patronizing a prostitute from a motor vehicle: Class A misdemeanor.
Sec. 53a-84. Sex of parties immaterial.
Sec. 53a-85. Promoting prostitution: Definitions.
Sec. 53a-86. Promoting prostitution in the first degree: Class B felony.
Sec. 53a-87. Promoting prostitution in the second degree: Class C felony.
Sec. 53a-88. Promoting prostitution in the third degree: Class D felony.
Sec. 53a-89. Permitting prostitution: Class A misdemeanor.
Sec. 53a-90.
Sec. 53a-90a. Enticing a minor. Penalties.
Sec. 53a-91. Definitions.
Sec. 53a-92. Kidnapping in the first degree: Class A felony.
Sec. 53a-92a. Kidnapping in the first degree with a firearm: Class A felony: One year not suspendable.
Sec. 53a-93. Proceeding to determine sentence for kidnapping in first degree.
Sec. 53a-94. Kidnapping in the second degree: Class B felony: Three years not suspendable.
Sec. 53a-94a. Kidnapping in the second degree with a firearm: Class B felony: Three years not suspendable.
Sec. 53a-95. Unlawful restraint in the first degree: Class D felony.
Sec. 53a-96. Unlawful restraint in the second degree: Class A misdemeanor.
Sec. 53a-97. Custodial interference in the first degree: Class D felony.
Sec. 53a-98. Custodial interference in the second degree: Class A misdemeanor.
Sec. 53a-99. Substitution of children: Class D felony.
Sec. 53a-100. Definitions.
Sec. 53a-101. Burglary in the first degree: Class B felony.
Sec. 53a-102. Burglary in the second degree: Class C felony.
Sec. 53a-102a. Burglary in the second degree with a firearm: Class C felony: One year not suspendable.
Sec. 53a-103. Burglary in the third degree: Class D felony.
Sec. 53a-103a. Burglary in the third degree with a firearm: Class D felony: One year not suspendable.
Sec. 53a-104. Affirmative defense to burglary.
Sec. 53a-105. Conviction for burglary and other offense authorized, when.
Sec. 53a-106. Manufacturing or possession of burglar's tools: Class A misdemeanor.
Sec. 53a-107. Criminal trespass in the first degree: Class A misdemeanor.
Sec. 53a-108. Criminal trespass in the second degree: Class B misdemeanor.
Sec. 53a-109. Criminal trespass in the third degree: Class C misdemeanor.
Sec. 53a-110. Affirmative defenses to criminal trespass.
Sec. 53a-110a. Simple trespass: Infraction.
Secs. 53a-110b and 53a-110c.
Sec. 53a-110d. Simple trespass of railroad property: Infraction.
Sec. 53a-111. Arson in the first degree: Class A felony.
Sec. 53a-112. Arson in the second degree: Class B felony.
Sec. 53a-113. Arson in the third degree: Class C felony.
Sec. 53a-114. Reckless burning: Class D felony.
Sec. 53a-115. Criminal mischief in the first degree: Class D felony.
Sec. 53a-116. Criminal mischief in the second degree: Class A misdemeanor.
Sec. 53a-117. Criminal mischief in the third degree: Class B misdemeanor.
Sec. 53a-117a. Criminal mischief in the fourth degree: Class C misdemeanor.
Secs. 53a-117b to 53a-117d.
Sec. 53a-117e. Criminal damage of a landlord's property in the first degree: Class D felony.
Sec. 53a-117f. Criminal damage of a landlord's property in the second degree: Class A misdemeanor.
Sec. 53a-117g. Criminal damage of a landlord's property in the third degree: Class B misdemeanor.
Secs. 53a-117h to 53a-117j.
Sec. 53a-117k. Damage to railroad property in the first degree: Class D felony.
Sec. 53a-117l. Damage to railroad property in the second degree: Class A misdemeanor.
Sec. 53a-117m. Damage to railroad property in the third degree: Class B misdemeanor.
Sec. 53a-118. Definitions generally.
Sec. 53a-119. Larceny defined.
Sec. 53a-119a. Shoplifting and library theft; detention, questioning, presumption of crime.
Sec. 53a-119b. Using motor vehicle or vessel without owner's permission. Interfering or tampering with a motor vehicle. First offense: Class A misdemeanor. Subsequent offense: Class D felony.
Sec. 53a-120. Theft of services; service and credit card defined.
Sec. 53a-121. Value of property or services.
Sec. 53a-122. Larceny in the first degree: Class B felony.
Sec. 53a-123. Larceny in the second degree: Class C felony.
Sec. 53a-124. Larceny in the third degree: Class D felony.
Sec. 53a-125. Larceny in the fourth degree: Class A misdemeanor.
Sec. 53a-125a. Larceny in the fifth degree: Class B misdemeanor.
Sec. 53a-125b. Larceny in the sixth degree: Class C misdemeanor.
Sec. 53a-126. Larceny by receiving stolen property.
Sec. 53a-126a. Criminal trover in the first degree: Class D felony, first offense; Class C felony, subsequent offense.
Sec. 53a-126b. Criminal trover in the second degree: Class A misdemeanor.
Sec. 53a-127. Diversion from state of benefit of labor of employees: Class A misdemeanor.
Sec. 53a-127a. Unlawful entry into coin machine; possession of key to enter: Class A misdemeanor.
Sec. 53a-127b. Fraudulent use of an automated teller machine: Class C misdemeanor.
Sec. 53a-127c. Theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain: Class D felony.
Sec. 53a-127d. Cheating: Class D felony or class B misdemeanor.
Sec. 53a-127e. Possession of a cheating device: Class D felony.
Sec. 53a-127f. Possession of a shoplifting device: Class A misdemeanor.
Sec. 53a-128. Issuing a bad check. Penalties.
Sec. 53a-128a. Credit card crimes. Definitions.
Sec. 53a-128b. False statement to procure issuance of credit card.
Sec. 53a-128c. Credit card theft. Illegal transfer. Fraud. Forgery.
Sec. 53a-128d. Illegal use of credit card. Presumption of knowledge of revocation.
Sec. 53a-128e. Illegal furnishing of money, goods or services on credit card.
Sec. 53a-128f. Unlawful completion or reproduction of credit card.
Sec. 53a-128g. Receipt of money, goods or services obtained by illegal use of credit card.
Sec. 53a-128h. Certain defenses denied.
Sec. 53a-128i. Penalties for credit card crimes.
Sec. 53a-129. Misapplication of property: Class A misdemeanor.
Sec. 53a-129a. Identity theft defined.
Sec. 53a-129b. Identity theft in the first degree: Class B felony.
Sec. 53a-129c. Identity theft in the second degree: Class C felony.
Sec. 53a-129d. Identity theft in the third degree: Class D felony.
Sec. 53a-129e. Trafficking in personal identifying information: Class D felony.
Sec. 53a-130. Criminal impersonation: Class B misdemeanor.
Sec. 53a-130a. Impersonation of a police officer: Class D felony.
Sec. 53a-131. Unlawfully concealing a will: Class A misdemeanor.
Sec. 53a-132. False entry by an officer or agent of a public community: Class A misdemeanor.
Sec. 53a-133. Robbery defined.
Sec. 53a-134. Robbery in the first degree: Class B felony.
Sec. 53a-135. Robbery in the second degree: Class C felony.
Sec. 53a-136. Robbery in the third degree: Class D felony.
Sec. 53a-136a. Robbery involving occupied motor vehicle. Penalty.
Sec. 53a-137. Definitions.
Sec. 53a-138. Forgery in the first degree: Class C felony.
Sec. 53a-139. Forgery in the second degree: Class D felony.
Sec. 53a-140. Forgery in the third degree: Class B misdemeanor.
Sec. 53a-141. Criminal simulation: Class A misdemeanor.
Sec. 53a-142. Forgery of symbols: Class A misdemeanor.
Sec. 53a-143. Unlawfully using slugs: Definitions.
Sec. 53a-144. Unlawfully using slugs in the first degree: Class B misdemeanor.
Sec. 53a-145. Unlawfully using slugs in the second degree: Class C misdemeanor.
Sec. 53a-146. Definitions.
Sec. 53a-147. Bribery: Class C felony.
Sec. 53a-148. Bribe receiving: Class C felony.
Sec. 53a-149. Bribery of a witness: Class C felony.
Sec. 53a-150. Bribe receiving by a witness: Class C felony.
Sec. 53a-151. Tampering with a witness: Class C felony.
Sec. 53a-151a. Intimidating a witness: Class C felony.
Sec. 53a-152. Bribery of a juror: Class C felony.
Sec. 53a-153. Bribe receiving by a juror: Class C felony.
Sec. 53a-154. Tampering with a juror: Class D felony.
Sec. 53a-155. Tampering with or fabricating physical evidence: Class D felony.
Sec. 53a-156. Perjury: Class D felony.
Sec. 53a-157.
Sec. 53a-157a. False statement in the first degree: Class D felony.
Sec. 53a-157b. (Formerly Sec. 53a-157). False statement in the second degree: Class A misdemeanor.
Sec. 53a-158. Bribery of a labor official: Class D felony.
Sec. 53a-159. Bribe receiving by a labor official: Class D felony.
Sec. 53a-160. Commercial bribery: Class D felony.
Sec. 53a-161. Receiving a commercial bribe: Class D felony.
Sec. 53a-161a. Bid rigging: Class D felony.
Sec. 53a-161b. Disclosure of bid or proposal: Class A misdemeanor.
Sec. 53a-161c. Receiving kickbacks: Class D felony.
Sec. 53a-161d. Paying a kickback: Class D felony.
Sec. 53a-162. Rigging: Class D felony.
Sec. 53a-163. Soliciting or accepting benefit for rigging: Class A misdemeanor.
Sec. 53a-164. Participation in a rigged contest: Class A misdemeanor.
Sec. 53a-165. Hindering prosecution defined.
Secs. 53a-165a to 53a-165z.
Sec. 53a-165aa. Hindering prosecution in the first degree: Class C felony.
Sec. 53a-166. Hindering prosecution in the second degree: Class C felony.
Sec. 53a-167. Hindering prosecution in the third degree: Class D felony.
Sec. 53a-167a. Interfering with an officer: Class A misdemeanor.
Sec. 53a-167b. Failure to assist a peace officer, special policeman or firefighter: Class A misdemeanor.
Sec. 53a-167c. Assault of public safety or emergency medical personnel.
Sec. 53a-167d. Assault of a prosecutor: Class C felony.
Sec. 53a-168. Escape: Definitions.
Sec. 53a-169. Escape in the first degree: Class C felony.
Sec. 53a-170. Escape in the second degree: Class D felony.
Sec. 53a-171. Escape from custody: Class C felony or class A misdemeanor.
Sec. 53a-171a. Aiding escape from hospital or sanatorium: Class A misdemeanor.
Sec. 53a-172. Failure to appear in the first degree: Class D felony.
Sec. 53a-173. Failure to appear in the second degree: Class A misdemeanor.
Sec. 53a-174. Unauthorized conveyance of items into correctional or humane institution or to inmate: Class D felony. Unauthorized conveyance of letter into or from, or use of false name to enter, correctional institution: Class A misdemeanor.
Sec. 53a-174a. Possession of weapon or dangerous instrument in correctional institution: Class B felony.
Sec. 53a-174b. Conveyance or use of electronic wireless communication device in correctional institution.
Sec. 53a-175. Riot in the first degree: Class A misdemeanor.
Sec. 53a-176. Riot in the second degree: Class B misdemeanor.
Sec. 53a-177. Unlawful assembly: Class B misdemeanor.
Sec. 53a-178. Inciting to riot: Class A misdemeanor.
Sec. 53a-179. Criminal advocacy: Class D felony.
Sec. 53a-179a. Inciting injury to persons or property: Class C felony.
Sec. 53a-179b. Rioting at correctional institution: Class B felony.
Sec. 53a-179c. Inciting to riot at correctional institution: Class C felony.
Sec. 53a-180. Falsely reporting an incident in the first degree: Class D felony.
Sec. 53a-180a. Falsely reporting an incident resulting in serious physical injury or death: Class C felony.
Sec. 53a-180b. Falsely reporting an incident concerning serious physical injury or death: Class D felony.
Sec. 53a-180c. Falsely reporting an incident in the second degree: Class A misdemeanor.
Secs. 53a-180d to 53a-180z.
Sec. 53a-180aa. Breach of the peace in the first degree: Class D felony.
Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor.
Sec. 53a-181a. Creating a public disturbance: Infraction.
Sec. 53a-181b. Intimidation based on bigotry or bias: Class D felony.
Sec. 53a-181c. Stalking in the first degree: Class D felony.
Sec. 53a-181d. Stalking in the second degree: Class A misdemeanor.
Sec. 53a-181e. Stalking in the third degree: Class B misdemeanor.
Secs. 53a-181f to 53a-181h.
Sec. 53a-181i. Intimidation based on bigotry or bias: Definitions.
Sec. 53a-181j. Intimidation based on bigotry or bias in the first degree: Class C felony.
Sec. 53a-181k. Intimidation based on bigotry or bias in the second degree: Class D felony.
Sec. 53a-181l. Intimidation based on bigotry or bias in the third degree: Class A misdemeanor.
Sec. 53a-182. Disorderly conduct: Class C misdemeanor.
Sec. 53a-182a. Obstructing free passage: Class C misdemeanor.
Sec. 53a-182b. Harassment in the first degree: Class D felony.
Sec. 53a-183. Harassment in the second degree: Class C misdemeanor.
Sec. 53a-183a. Obstructing or interfering with the lawful taking of wildlife: Class C misdemeanor.
Sec. 53a-183b. Interfering with an emergency call: Class A misdemeanor.
Secs. 53a-184 and 53a-184a. Intoxication by drug; definition, commitment, treatment, penalty. Intoxication by alcohol or drug; definition, commitment, dismissal of criminal proceedings, unclassified misdemeanor.
Sec. 53a-185. Loitering on school grounds: Class C misdemeanor.
Sec. 53a-186. Public indecency: Class B misdemeanor.
Sec. 53a-187. Definitions. Applicability.
Sec. 53a-188. Tampering with private communications: Class A misdemeanor.
Sec. 53a-189. Eavesdropping: Class D felony.
Sec. 53a-189a. Voyeurism: Class D felony.
Sec. 53a-189b. Disseminating voyeuristic material: Class D felony.
Sec. 53a-190. Bigamy: Class D felony.
Sec. 53a-191. Incest: Class D felony.
Sec. 53a-192. Coercion: Class A misdemeanor or class D felony.
Sec. 53a-192a. Trafficking in persons: Class B felony.
Sec. 53a-193. Definitions.
Sec. 53a-194. Obscenity: Class B misdemeanor.
Sec. 53a-195. Defense.
Sec. 53a-196. Obscenity as to minors: Class D felony.
Sec. 53a-196a. Employing a minor in an obscene performance: Class A felony.
Sec. 53a-196b. Promoting a minor in an obscene performance: Class B felony.
Sec. 53a-196c. Importing child pornography: Class B felony.
Sec. 53a-196d. Possessing child pornography in the first degree: Class B felony.
Sec. 53a-196e. Possessing child pornography in the second degree: Class C felony.
Sec. 53a-196f. Possessing child pornography in the third degree: Class D felony.
Sec. 53a-196g. Possessing child pornography: Affirmative defenses.
Secs. 53a-197 and 53a-198. Disseminating indecent comic books: Class A misdemeanor. Failing to identify a comic book publication: Violation.
Sec. 53a-199. Injunction against promoting any obscene material or performance.
Sec. 53a-200. Institution of action for adjudication of obscenity.
Sec. 53a-201. Presentation of material or evidence depicting performance. Probable cause determination. Time for trial and decision.
Sec. 53a-202. Third party may be made a party.
Sec. 53a-203. Jury trial.
Sec. 53a-204. Evidence.
Sec. 53a-205. Judgment.
Sec. 53a-206. Injunction and restraining order.
Sec. 53a-207. Service of process on nonresidents.
Sec. 53a-208. Extradition.
Sec. 53a-209. Penalties.
Sec. 53a-210. Levy of fine against property.
Sec. 53a-211. Possession of a sawed-off shotgun or silencer: Class D felony.
Sec. 53a-212. Stealing a firearm: Class D felony.
Sec. 53a-213. Drinking while operating motor vehicle: Class C misdemeanor.
Sec. 53a-214. Criminal lockout: Class C misdemeanor.
Sec. 53a-215. Insurance fraud: Class D felony.
Sec. 53a-216. Criminal use of firearm or electronic defense weapon: Class D felony.
Sec. 53a-217. Criminal possession of a firearm or electronic defense weapon: Class D felony.
Sec. 53a-217a. Criminally negligent storage of a firearm: Class D felony.
Sec. 53a-217b. Possession of a weapon on school grounds: Class D felony.
Sec. 53a-217c. Criminal possession of a pistol or revolver: Class D felony.
Sec. 53a-217d. Criminal possession of body armor: Class A misdemeanor.
Sec. 53a-217e. Negligent hunting. Penalties. Fines deposited in the Criminal Injuries Compensation Fund and the Conservation Fund. Suspension of hunting license. Forfeiture of hunting weapon. Prima facie evidence of hunting.
Sec. 53a-218. Interference with a cemetery or burial ground: Class C felony.
Sec. 53a-219. Unlawful possession or sale of gravestones: Class D felony.
Sec. 53a-220. Interference with a memorial plaque: Class A misdemeanor.
Sec. 53a-221. Unlawful possession, purchase or sale of a memorial plaque: Class A misdemeanor.
Sec. 53a-222. Violation of conditions of release: Class A misdemeanor.
Sec. 53a-223. (Formerly Sec. 53a-110b). Criminal violation of a protective order: Class D felony.
Sec. 53a-223a. (Formerly Sec. 53a-110c). Criminal violation of a standing criminal restraining order: Class D felony.
Sec. 53a-223b. Criminal violation of a restraining order: Class D felony.
Secs. 53a-223c to 53a-249.
Sec. 53a-250. Definitions.
Sec. 53a-251. Computer crime.
Sec. 53a-252. Computer crime in the first degree: Class B felony.
Sec. 53a-253. Computer crime in the second degree: Class C felony.
Sec. 53a-254. Computer crime in the third degree: Class D felony.
Sec. 53a-255. Computer crime in the fourth degree: Class A misdemeanor.
Sec. 53a-256. Computer crime in the fifth degree: Class B misdemeanor.
Sec. 53a-257. Alternative fine based on defendant's gain.
Sec. 53a-258. Determination of degree of crime.
Sec. 53a-259. Value of property or computer services.
Sec. 53a-260. Location of offense.
Sec. 53a-261. Jurisdiction.
Secs. 53a-262 to 53a-274.
Sec. 53a-275. Money laundering. Definitions.
Sec. 53a-276. Money laundering in the first degree: Class B felony.
Sec. 53a-277. Money laundering in the second degree: Class C felony.
Sec. 53a-278. Money laundering in the third degree: Class D felony.
Sec. 53a-279. Money laundering in the fourth degree: Class A misdemeanor.
Sec. 53a-280. Money laundering. Alternative fine.
Sec. 53a-281. Money laundering. Corporate fines.
Sec. 53a-282. Money laundering. Presumptions.
Secs. 53a-283 to 53a-289.
Sec. 53a-290. "Vendor fraud" defined.
Sec. 53a-291. Vendor fraud in the first degree: Class B felony.
Sec. 53a-292. Vendor fraud in the second degree: Class C felony.
Sec. 53a-293. Vendor fraud in the third degree: Class D felony.
Sec. 53a-294. Vendor fraud in the fourth degree: Class A misdemeanor.
Sec. 53a-295. Vendor fraud in the fifth degree: Class B misdemeanor.
Sec. 53a-296. Vendor fraud in the sixth degree: Class C misdemeanor.
Secs. 53a-297 to 53a-299.
Sec. 53a-300. Act of terrorism. Enhanced sentence.
Sec. 53a-301. Computer crime in furtherance of terrorist purposes: Class B felony.
Sec. 53a-302. Criminal misrepresentation: Class C felony.
Sec. 53a-303. Contaminating a public water supply or food supply for terrorist purposes: Class C felony.
Sec. 53a-304. Damage to public transportation property for terrorist purposes: Class C felony.
Secs. 53a-305 to 53a-319.
Sec. 53a-320. Definitions.
Sec. 53a-321. Abuse in the first degree: Class C felony.
Sec. 53a-322. Abuse in the second degree: Class D felony.
Sec. 53a-323. Abuse in the third degree: Class A misdemeanor.

PART I*
DEFINITION AND CLASSIFICATION

      *Secs. 53a-24-53a-27 cited. 27 CA 225.

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

PART II*
SENTENCES AND SENTENCING PROCEDURE

      *Annotations to former section 54-111:

      Cited. 20 CS 175.

      Commitment to probation officer is not penal in character and does not reduce unexpired portion of sentence. 5 Conn. Cir. Ct. 367.

      Annotations to former section 54-112:

      Under the adult probation act, a court may suspend execution of the sentence and place defendant on probation, at any time, both during and after the term or session of court at which judgment was pronounced, irrespective of whether execution has begun. The partial execution of a sentence would not, in a proper case, deprive the court of power to open judgment. 23 CS 176.

      Annotations to former section 54-113:

      Cited. 153 C. 206.

      Probation compared with parole. 6 CS 353. Probation is not ordered for the purpose of punishment for the wrong for which there has been a conviction; purpose is reformatory, not punitive. 20 CS 176.

      Annotations to former section 54-114:

      Cited. 8 CS 190. Cited. 17 CS 447. Cited. 19 CS 433. Sentence imposed by court is same sentence execution of which has been suspended and lesser sentence ordered to be served is part of original sentence. 27 CS 108; Id., 128.

      Where provisions of section had been followed, defendant was not entitled to appeal as constitutional requirements were fulfilled. 5 Conn. Cir. Ct. 367.

      Annotations to former section 54-116:

      What action by court permitted; law valid; sentence does not run while accused at large on parole. 88 C. 500. Does not apply to justices of the peace. 102 C. 28. History of former section. 111 C. 287. Cited. 115 C. 597.

      Where the execution of a sentence is suspended indefinitely without committing the accused to the custody of a probation officer, the court cannot revoke the suspension. 8 CS 188. Cited. 15 CS 273. Where court suspends sentence indefinitely without committing the accused to custody of a probation officer, no right of revocation exists; history of legislation reviewed. 17 CS 449. Cited. 19 CS 433.

      Circuit court or judge thereof has power and authority to modify execution of sentence of minor for violation of Sec. 17-379 to Connecticut State Farm for Women. 4 Conn. Cir. Ct. 204, 207.

      Annotations to former section 54-117:

      Averment "against statute" does not vitiate and may be rejected as surplusage. 3 D. 103. Assault with intent to kill, a high crime and misdemeanor at common law. 3 C. 114; 5 C. 330. High crime and misdemeanor is an immoral and unlawful act, not strictly a felony. 6 C. 217; Id., 476. Nuisance does not constitute. 6 C. 418; but see 7 C. 431. Solicitation to commit adultery a high crime and misdemeanor at common law. 7 C. 270. Escape from prison without prison breach or violence an offense at common law. Id., 452. Attempt to steal offense at common law. 30 C. 500. Conspiracy a crime at common law; and punishable under this statute. 69 C. 725; 75 C. 210; 77 C. 227; 86 C. 434; 124 C. 562; 126 C. 84; 127 C. 604. Conspiracy to commit assault is high crime and misdemeanor. 86 C. 434. High crime, felony, misdemeanor, defined. Id.; Id., 627. Conspiracy to commit crime is not merged in crime itself. 99 C. 114. Definition of merger; when merger exists; is a doctrine of very limited application. 108 C. 215. Identity of offenses. Id., 214.

      Annotations to former section 54-118:

      Allegation of too many prior convictions held surplusage; state may prove such as it can. 94 C. 706. For proper method of proceeding under this statute, see note to Sec. 54-62. Cited. 147 C. 296. Cited. 149 C. 489. Prima facie case made when state establishes identity, imposition of sentence and issuance of mittimus. 151 C. 552. Where record shows prior conviction, defendant has burden to show he was not incarcerated. Id. Cited. 152 C. 632. While identity of full name of defendant with that of person named in prior out-of-state conviction is some evidence that each name refers to same person, it is not adequate alone to constitute proof without a reasonable doubt that defendant was person named in out-of-state judgment. 153 C. 33. Cited. Id., 40; Id., 208; Id., 211. Where information charging defendant as a second offender was correct except for a mistake in naming the crime committed and he pleaded guilty to the charge, raising no claim of error, held he established no right to relief by habeas corpus in absence of showing that he had suffered prejudice or injustice. Id., 599, 602. Cited. 154 C. 37, 38. Cited. 155 C. 298. Cited. 158 C. 126. Cited. 163 C. 419.

      Cited. 17 CS 366. Defendant incorrectly sentenced as an habitual criminal may be resentenced as a second offender. 26 CS 464. Sentence of not less than seven nor more than twelve years for bank robber who was second offender was reasonable. 27 CS 119. Cited. Id., 235. Cited. 28 CS 154.

      Cited. 2 Conn. Cir. Ct. 690 (fn. 1).

      Annotations to former section 54-119:

      Penalty of "fine and imprisonment" permits either. 75 C. 351.

      Cited. 15 CS 273.

      Annotations to former section 54-121:

      If statute fixes minimum penalty, court may not give sentence for less period. 84 C. 470. Prior convictions must be alleged; 94 C. 703; 96 C. 172; and should be in original, not a supplemental, information. 110 C. 298. But accused should first be tried for present crime and jury should not be told of claimed prior convictions; if convicted, issue of prior convictions should then be submitted to jury. 96 C. 172. The words "state prison or penitentiary" do not include federal penitentiary. 110 C. 302. No limitation upon minimum for third offender other than that it should not be for less than one year. Id., 412; 130 C. 111. Defendant who escaped without completing imprisonment on second conviction, held properly punished as a third offender for crime of escape. Id., 109, 110. Statute is constitutional. Id. Application of statute with relation to separate sentences; whether to run concurrently or consecutively is for court to determine. 132 C. 303, 304. If sentences on two or more counts are to run concurrently, a direction to that effect should be given, and a maximum and a minimum should be fixed for each offense. 126 C. 220; 132 C. 303. Counts specifying a minimum but no maximum are invalid. 126 C. 221. Cited. 129 C. 166. When a maximum and a minimum term are fixed under one count and only one period under each of the other counts, the terms run consecutively. 143 C. 559. Person may be sentenced as a third offender even though it is known that he is a fourth offender. 147 C. 506. Defendant charged a denial of equal protection since other persons, similarly circumstanced, were not sentenced as third offenders, held not a valid defense unless there is a showing of intentional or arbitrary action amounting to an unjust and illegal discrimination between persons in similar circumstances. Id. Cited.Id. Second offender provision does not create new crime; fact of former conviction is element merely in determining degree of criminality of second offense. 149 C. 72. Cited. 152 C. 470. While identity of full name of defendant with that of person named in prior out-of-state conviction is some evidence that each name refers to same person, it is not adequate alone to constitute proof without a reasonable doubt that defendant was person named in out-of-state judgment. 153 C. 33. See note to section 54-92a. Cited. Id., 673. Cited. 157 C. 399. Cited. 163 C. 232.

      Fixing a maximum on one count is an order that such sentence should run consecutively and not concurrently. 4 CS 204. Statute does not direct sentence in two or more separate cases. Id., 364. Cited. 13 CS 164. Where defendant in two separate criminal cases received sentences in both on the same day, to run consecutively, minimum sentence in second valid under this section. 16 CS 76. Statute does not constitute a new and separate offense; state's attorney not required to present every third offender as an habitual criminal. 20 CS 384. Cited. 22 CS 177. Cited. 26 CS 71. Where one previous felony conviction violated defendant's constitutional right to counsel, it should not be counted as a previous conviction under this statute. Id., 464. Being presented as first offender for sentence does not require court to close eyes to defendant's prior life. 27 CS 236. Where maximum sentence was same for first offender on rape charge (Sec. 53-238) as under this statute, sentence confirmed on review. Id. Sentence fixing minimum terms on several counts to run consecutively is improper by reason of this section. Id., 316. Where concurrent sentence is intended, court must so direct and minimum and maximum terms should be fixed on all counts. Id.

      Cited. 2 Conn. Cir. Ct. 690 (fn. 1).

      Annotations to part II of chapter 952:

      Sec. 53a-28 et. seq. cited. 207 C. 152; 240 C. 639. Probation Act cited. Id.

      Sec. 53a-28 et seq. cited. 34 CA 1; 39 CA 722. Court properly considered evidence of defendant's criminal history in its determination to revoke defendant's probation. 58 CA 275.

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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