2005 Connecticut Code - Sec. 53a-29. Probation and conditional discharge: Criteria; periods.

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 nor more than thirty-five years for conviction of a violation of subdivision (2) of subsection (a) of section 53-21, 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.)

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.

Cited. 170 C. 128, 129. Cited. 197 C. 337, 354, 357. Cited. 198 C. 671, 673, 678. Cited. 200 C. 268, 279, 286. Cited. 204 C. 52, 56. Cited. 210 C. 519, 524, 526. Cited. 222 C. 299, 306. Cited. 225 C. 46, 50. Cited. 229 C. 285, 297.

Cited. 9 CA 686, 693, 717, 719, 720. Cited. 12 CA 32, 45. Cited. 30 CA 416, 422. Cited. 32 CA 1, 4. Cited. 34 CA 1, 7.

Cited. 41 CS 229, 250.

Subsec. (a):

Cited. 198 C. 671, 675, 678. Cited. 210 C. 519, 525.

Cited. 22 CA 108, 112.

Cited. 37 CS 853, 857.

Subsec. (b):

Cited. 182 C. 595, 603. Cited. 198 C. 671, 678.

Subsec. (d):

Subdiv. (1) cited. 37 CA 72, 84.

Subsec. (e):

Sec. 2 of P.A. 95-142, which expanded probation eligibility factors and increased mandatory probation minimum sentence, did not have retroactive effect. 253 C. 392.

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