Sec. 53a-32a. Violation of probation by certain sexual offenders.
Sec. 53a-32a. Violation of probation by certain sexual offenders. 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 in effect prior to
October 1, 2000, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual
offender treatment as a condition of probation, becomes ineligible for such treatment
because of such defendant's refusal to acknowledge that such defendant committed the
act or acts charged, such defendant shall be deemed to be in violation of the conditions
of such defendant's probation and be returned to court for proceedings in accordance
with section 53a-32.
(P.A. 97-151, S. 2; P.A. 01-84, S. 16, 26.)
History: P.A. 01-84 replaced reference to "a violation of subdivision (2) of section 53-21" with "a violation of subdivision
(2) of section 53-21 of the general statutes in effect prior to October 1, 2000," included a violation of "subdivision (2) of
subsection (a) of section 53-21" and made technical changes for purposes of gender neutrality, effective July 1, 2001.
Trial court not required to notify defendant, upon entering guilty plea under Alford doctrine, that failure to acknowledge
his guilt could result in violation of condition of his probation requiring sex offender treatment. 268 C. 174. Defendant
had been afforded a full hearing on his violation of probation charge as required under Sec. 53a-32(a). Even when defendant
is acquitted of the underlying crime leading to probation revocation proceeding, probation may still be revoked. 281 C. 548.
Statute can be applied only prospectively. 69 CA 421. Trial court improperly considered defendant's refusal to admit
to guilt during sexual offender treatment as a violation of probation. Id. (judgment reversed, see 268 C. 174). Section does
not prevent court from revoking probation for failure to satisfy probation condition of successful completion of sexual
offender treatment related to a crime committed under Sec. 53a-21(a)(1) which is not enumerated in section because
section's automatic nature does not deprive courts of discretion to revoke probation under other circumstances. 95 CA
686. Simply because automatic revocation proceeding established by section arguably is inapplicable to defendant convicted after trial, it does not follow that such defendant is immune from discretionary revocation sought by defendant's
probation officer on the basis of defendant's discharge from sex offender treatment in accordance with the normal procedures set forth in Sec. 53a-32. 98 CA 579.