Sec. 54-125e. Special parole. Conditions. Duration. Violation. Hearing. Disposition.
Sec. 54-125e. Special parole. Conditions. Duration. Violation. Hearing. Disposition. (a) Any person convicted of a crime committed on or after October 1, 1998, who
received a definite sentence of more than two years followed by a period of special
parole shall, at the expiration of the maximum term or terms of imprisonment imposed
by the court, be automatically transferred to the jurisdiction of the chairperson of the
Board of Pardons and Paroles or, if such person has previously been released on parole
pursuant to subsection (a) of section 54-125a or section 54-131a, remain under the
jurisdiction of said chairperson until the expiration of the period of special parole imposed by the court. The Department of Correction shall be responsible for the supervision
of any person transferred to the jurisdiction of the chairperson of the Board of Pardons
and Paroles under this section during such person's period of special parole.
(b) When sentencing a person to a period of special parole, the court may recommend that such person comply with any or all of the requirements of subsection (a) of
section 53a-30. The court shall cause a copy of any such recommendation to be delivered
to such person and to the Department of Correction. The Board of Pardons and Paroles
may require that such person comply with the requirements of subsection (a) of section
53a-30 which the court recommended. Any person sentenced to a period of special
parole shall also be subject to such rules and conditions as may be established by the
Board of Pardons and Paroles or its chairperson pursuant to section 54-126.
(c) The period of special parole shall be not less than one year or more than ten
years, except that such period may be for more than ten years for a person convicted of
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 or sentenced as a persistent dangerous
felony offender pursuant to subsection (h) of section 53a-40 or as a persistent serious
felony offender pursuant to subsection (j) of section 53a-40.
(d) Whenever a parolee has, in the judgment of such parolee's parole officer, violated the conditions of his or her special parole, the board shall cause the parolee to be
brought before it without unnecessary delay for a hearing on the violation charges. At
such hearing, the parolee shall be informed of the manner in which such parolee is
alleged to have violated the conditions of such parolee's special parole and shall be
advised by the employee of the board conducting the hearing of such parolee's due
process rights.
(e) If such violation is established, the board may: (1) Continue the period of special
parole; (2) modify or enlarge the conditions of special parole; or (3) revoke the sentence
of special parole.
(f) If the board revokes special parole for a parolee, the chairperson may issue a
mittimus for the commitment of such parolee to a correctional institution for any period
not to exceed the unexpired portion of the period of special parole.
(g) Whenever special parole has been revoked for a parolee, the board may, at any
time during the unexpired portion of the period of special parole, allow the parolee to
be released again on special parole without court order.
(P.A. 98-234, S. 3; June Sp. Sess. P.A. 99-2, S. 52; P.A. 01-84, S. 21, 26; P.A. 04-234, S. 2, 5; P.A. 05-84, S. 3; 05-288, S. 188; P.A. 07-143, S. 14; 07-217, S. 196.)
History: June Sp. Sess. P.A. 99-2 amended Subsec. (c) to provide that the period of special parole for the specified
offenses "may be for more than ten years" rather than "shall be not less than ten years nor more than thirty-five years" and
to make technical changes in statutory references; P.A. 01-84 amended Subsec. (c) to replace 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," and include a violation of "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001;
P.A. 04-234 replaced "chairman" with "chairperson" where appearing, amended Subsec. (a) to require the person be
"automatically" transferred to the jurisdiction of the chairperson, delete provision that the person is transferred "from the
custody of the Commissioner of Correction" and add provision requiring that Department of Correction be responsible
for supervision of any person transferred to the jurisdiction of the chairperson during such person's period of special parole,
added Subsec. (d) re a hearing on an alleged violation of the conditions of a parolee's special parole, added Subsec. (e) re
authorized dispositions by the board upon establishing a violation, added Subsec. (f) re authority of the chairperson to
issue a mittimus upon revocation of special parole and added Subsec. (g) re authority of the board to release again on
special parole a parolee whose special parole has been revoked, effective June 8, 2004, and replaced Board of Parole with
Board of Pardons and Paroles, effective July 1, 2004; P.A. 05-84 amended Subsec. (e)(1) to replace "sentence of special
parole" with "period of special parole"; P.A. 05-288 made technical changes in Subsec. (c), effective July 13, 2005; P.A.
07-143 amended Subsec. (b) to add provisions authorizing court to order compliance with any or all of the requirements
of Sec. 53a-30(a), requiring court to cause a copy of the order to be delivered to the person and Department of Correction
and authorizing Board of Pardons and Paroles to require compliance with any or all of the requirements of Sec. 53a-30(a)
which court could have imposed and are not inconsistent with any condition actually imposed by court; P.A. 07-217
amended Subsec. (b) to replace provision that court may "as a condition of the sentence, order such person to comply"
with any or all of requirements of Sec. 53a-30(a) with provision re court may "recommend that such person comply" with
such requirements, require delivery of copy of "recommendation", rather than copy of "order", and authorize board to
require compliance with "the requirements of subsection (a) of section 53a-30 which the court recommended", rather than
"any or all of the requirements of subsection (a) of section 53a-30 which the court could have imposed and which are not
inconsistent with any condition actually imposed by the court".
Subsec. (c):
When sentencing provisions of Sec. 54-128(c) and this Subsec. conflict, legislature intended the maximum statutory
limit in Sec. 54-128(c) to control. Defendant's sentence of ten years of imprisonment followed by ten 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 Sec. 53a-35a(6)
and Sec. 53a-71(b). 279 C. 527.