§ 53a-28 — Authorized sentences.

Connecticut § 53a-28

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

(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 , except that the court may not impose a period of special parole for convictions of offenses under chapter 420b. (c) In addition to any sentence imposed pursuant to subsection (b) of this section, the court shall inquire on the record whether there are any requests by a victim for restitution, and 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 on a form prescribed by the Chief Court Administrator 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 completed form containing the written order be delivered by certified mail to each 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 . The court shall retain the original of each form containing a written order of restitution as part of such offender's court record. (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. (f) When sentencing a person to a period of probation who is or has been subject to a protective order, the court may issue a protective order that is effective during such period of probation. (g) In addition to any sentence imposed pursuant to section 53-247 or section 53a-73b , at the time of a person's sentencing for any conviction under said sections, the court shall order that, for the five-year period commencing from the date of such conviction or the date of such person's release from imprisonment for such conviction, whichever is later, such person (1) shall not harbor, own, possess, reside with, adopt or serve as a foster placement for any animal, and (2) shall not be employed by, or volunteer for, any entity in any position that involves care for, or regular contact with, any animal.

Legislative History

(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; P.A. 10-144, S. 8; P.A. 12-114, S. 20; P.A. 18-63, S. 1; 18-128, S. 1; P.A. 23-149, S. 8.) History: 1971 act added exception re Ch. 359 in Subsec. (a) and deleted references to “reformatory” sentences in Subsec. (b)(2) and (7), 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 Subsec. (b)(2) and (7); P.A. 75-633 deleted reference to Secs. 18-65 and 18-75 in Subsec. (b)(1), adding reference to Sec. 18-65a and deleted reference to Sec. 18-75 in Subsec. (b)(7); 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 added Subsec. (b)(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; P.A. 10-144 added Subsec. (f) to permit court to issue protective order that is effective during period of probation; P.A. 12-114 amended Subsec. (f) to delete “issued under section 54-1k” re protective order; P.A. 18-63 amended Subsec. (b) to add provision re court not to impose period of special parole for conviction of offense under Ch. 420b; P.A. 18-128 amended Subsec. (c) to add provision re court to inquire on record whether there are victim requests for restitution, add provision re restitution ordered to be on form prescribed by Chief Court Administrator, add provision re court to retain original of each form containing written order of restitution, and to make technical and conforming changes; P.A. 23-149 added Subsec. (g) requiring court to order that person convicted under Sec. 53-247 or 53a-73b not possess any animal or be employed by or volunteer for an entity involving regular contact with any animal for a 5-year period commencing from date of conviction or date of release from imprisonment for such conviction, whichever is later. 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; 198 C. 671; 200 C. 268; 207 C. 270; 208 C. 420; 210 C. 519; 225 C. 46. Cited. 9 CA 686; 12 CA 32; 30 CA 416; 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 Sec. 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. Section contains no authority for order of restitution unless it is a condition of probation or conditional discharge. Id., 675. Subsec. (b): Cited. 182 C. 595; 196 C. 655; 206 C. 608; 216 C. 40. Subdiv. (9): Defendant's sentence of 10 years of imprisonment followed by 10 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. Subdiv. (9): The plain language of public act 18-63 clearly and unambiguously prohibits retroactive application of the amendment to Subdiv., especially when viewed in context of the related savings statutes, Secs. 54-194 and 1-1(t). 209 CA 283. 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 Subsec. does not apply to plea bargains in which defendant and the state have already agreed to restitution amount. 81 CA 310.