Sec. 53a-31. Calculation of periods of probation and conditional discharge. Compliance with conditions during interrupted period.
Sec. 53a-31. Calculation of periods of probation and conditional discharge.
Compliance with conditions during interrupted period. (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. 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) Notwithstanding the issuance of a warrant or notice to appear for violation pursuant to section 53a-32, the defendant shall continue to comply with the conditions with
which the defendant was previously required to comply pursuant to section 53a-30. The
Court Support Services Division shall make reasonable efforts to inform the defendant
of the defendant's obligation to continue to comply with such conditions and to provide
the defendant with a copy of such conditions.
(d) 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; Jan. Sp. Sess. P.A. 08-1, S. 36; P.A. 08-102, S. 5, 6.)
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; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to replace provision
that during interrupted period "the court may impose any of the conditions of release set forth in section 54-64a" with
provision that during such period "unless otherwise ordered by the court, the defendant shall comply with any conditions
imposed or with any conditions he or she was previously required to comply pursuant to section 53a-30", effective January
25, 2008; P.A. 08-102 amended Subsec. (b) to replace provision that during interrupted period "unless otherwise ordered
by the court, the defendant shall comply with any conditions imposed or with any conditions he or she was previously
required to comply pursuant to section 53a-30" with provision that during such period "the court may impose any of the
conditions of release set forth in section 54-64a", thereby reversing the change made by Jan. Sp. Sess. P.A. 08-1, effective
May 27, 2008, and further amended Subsec. (b) to delete "During the interrupted period, the court may impose any of the
conditions of release set forth in section 54-64a", added new Subsec. (c) to require defendant to continue to comply with
previously imposed conditions notwithstanding issuance of a warrant or notice to appear for a violation and require Court
Support Services Division to make reasonable efforts to inform defendant of defendant's obligation to continue to comply
with such conditions and provide defendant with copy of such conditions, and redesignated existing Subsec. (c) as Subsec.
(d), effective October 1, 2008.
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.