House Bill No. 5571
House Bill No. 5571
PUBLIC ACT NO. 97-151
AN ACT CONCERNING SUPERVISION OF PERSONS ON
PROBATION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 53a-31 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(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
OFFICE OF ADULT PROBATION 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.
Sec. 2. (NEW) 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 or
section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a
or 53a-72b of the general statutes, and was
ordered to undergo sexual offender treatment as a
condition of probation, becomes ineligible for
such treatment because of his refusal to
acknowledge that he committed the act or acts
charged, such defendant shall be deemed to be in
violation of the conditions of his probation and
be returned to court for proceedings in accordance
with section 53a-32 of the general statutes.
Approved June 25, 1997