2005 Connecticut Code - Sec. 53a-31. Calculation of periods of probation and conditional discharge.

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 (c) to delete obsolete reference to repealed Sec. 18-75; P.A. 92-260 amended Subsec.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, 306.

Cited. 9 CA 686, 693, 717, 719, 720. Cited. 32 CA 1, 4. Cited. 34 CA 1, 7. 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, 441, 443, 444, 446, 448.

Subsec. (a):

Cited. 24 CA 575, 578. Cited. 34 CA 1, 7. Cited. 36 CA 440, 441, 445, 446. Cited. 39 CA 722, 728. 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, 73. Cited. 37 CA 72, 83. Cited. 39 CA 722, 730, 731. 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.