Sec. 53a-35a.
Imprisonment for felony committed on or after July 1, 1981. Definite sentence. Authorized term.
Connecticut General Statute as amended to January 1, 2021, regarding
Theft, Felony Sentences and Subrogation
Sec. 53a-35a. Imprisonment for felony committed on or after July 1, 1981. Definite sentence. Authorized term. For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a definite sentence and, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, the term shall be fixed by the court as follows:
(1) (A) For a capital felony committed prior to April 25, 2012, under the provisions of section 53a-54b in effect prior to April 25, 2012, a term of life imprisonment without the possibility of release unless a sentence of death is imposed in accordance with section 53a-46a, or (B) for the class A felony of murder with special circumstances committed on or after April 25, 2012, under the provisions of section 53a-54b in effect on or after April 25, 2012, a term of life imprisonment without the possibility of release;
(2) For the class A felony of murder, a term not less than twenty-five years nor more than life;
(3) For the class A felony of aggravated sexual assault of a minor under section 53a-70c, a term not less than twenty-five years or more than fifty years;
(4) For a class A felony other than an offense specified in subdivision (2) or (3) of this section, a term not less than ten years nor more than twenty-five years;
(5) For the class B felony of manslaughter in the first degree with a firearm under section 53a-55a, a term not less than five years nor more than forty years;
(6) For a class B felony other than manslaughter in the first degree with a firearm under section 53a-55a, a term not less than one year nor more than twenty years;
(7) For a class C felony, a term not less than one year nor more than ten years;
(8) For a class D felony, a term not more than five years;
(9) For a class E felony, a term not more than three years; and
(10) For an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines or provides the penalty for the crime.
(P.A. 80-442, S. 10, 28; P.A. 86-220; P.A. 92-260, S. 15; July Sp. Sess. P.A. 94-2, S. 2; P.A. 07-143, S. 12; P.A. 10-36, S. 18; P.A. 12-5, S. 2; P.A. 13-258, S. 2.)
History: P.A. 80-442 effective July 1, 1981; P.A. 86-220 amended Subdiv. (1) to add "imprisonment without the possibility of release" to reflect revision made by P.A. 85-366; P.A. 92-260 amended Subdiv. (6) to add reference to "Sec. 53a-217" and provision that "for a conviction under section 53a-216, the term shall be five years", to reflect existing minimum mandatory sentences prescribed in said sections; July Sp. Sess. P.A. 94-2 added a new Subdiv. (4) to provide a term of not less than 5 years nor more than 40 years for the class B felony of manslaughter in the first degree with a firearm under Sec. 53a-55a, renumbering the remaining Subdivs. accordingly, and amended Subdiv. (5) to provide that the specified sentence is for a class B felony "other than manslaughter in the first degree with a firearm under section 53a-55a" and delete a reference to Sec. 53a-55a, reflecting the separate sentencing provisions established for Sec. 53a-55a in Subdiv. (4); P.A. 07-143 added new Subdiv. (3) to provide a term of not less than 25 years or more than 50 years for the class A felony of aggravated sexual assault of a minor under Sec. 53a-70c, renumbering the remaining Subdivs. accordingly, and amended renumbered Subdiv. (4) to replace "a class A felony other than murder" with "a class A felony other than an offense specified in subdivision (2) or (3) of this section", effective July 1, 2007; P.A. 10-36 added "unless the section of the general statutes that defines the crime specifically provides otherwise" re specified terms of imprisonment, deleted in Subdiv. (6) "except that for a conviction under section 53a-59(a)(1), 53a-59a, 53a-70a, 53a-94a, 53a-101(a)(1) or 53a-134(a)(2), the term shall be not less than five years nor more than twenty years", deleted in Subdiv. (7) "except that for a conviction under section 53a-56a, the term shall be not less than three years nor more than ten years" and deleted in Subdiv. (8) "except that for a conviction under section 53a-60b or 53a-217, the term shall be not less than two years nor more than five years, for a conviction under section 53a-60c, the term shall be not less than three years nor more than five years, and for a conviction under section 53a-216, the term shall be five years", effective July 1, 2010; P.A. 12-5 amended Subdiv. (1) to add Subpara. (A) designator and provision re capital felony committed prior to April 25, 2012, under provisions of Sec. 53a-54b in effect prior to April 25, 2012, and add Subpara. (B) re class A felony of murder with special circumstances committed on or after April 25, 2012, effective April 25, 2012; P.A. 13-258 added provision re section of the general statutes that provides the penalty for the crime, amended Subdiv. (8) to delete provision re term not less than 1 year, added new Subdiv. (9) re class E felony, redesignated existing Subdiv. (9) as Subdiv. (10) and amended same to add provision re section of the general statutes that provides the penalty for the crime, and made technical changes.
See Sec. 53a-41 re fines for felonies.
See Sec. 53a-54e re construction of statutes re capital felony committed prior to April 25, 2012.
Cited. 196 C. 655; 197 C. 337; 198 C. 92; Id., 671; 200 C. 268; Id., 664; 201 C. 598; 202 C. 93; 210 C. 519; 211 C. 258; 212 C. 31. Definite sentencing scheme for any felony under section implicitly repealed indeterminate sentencing aspect of Sec. 21a-278(a). 214 C. 378. Cited. 218 C. 273; 219 C. 752; 220 C. 169; 225 C. 559; 230 C. 109; 234 C. 139; Id., 735; 235 C. 502; Id., 679; 238 C. 389; 240 C. 743. Sec. 53a-35b does not apply to indeterminate life sentences imposed pursuant to Sec. 53a-35(b)(1), regardless of when the sentence was imposed, but applies solely to definite life sentences imposed pursuant to this section. 300 C. 649. Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1.
Cited. 6 CA 680; 8 CA 177; Id., 491; 9 CA 686; 10 CA 486; Id., 659; 12 CA 403; 15 CA 416; 19 CA 571; 23 CA 201; 32 CA 759; 35 CA 714; 42 CA 348. An offender who has reached the age of 18 is not considered a juvenile for sentencing procedures and eighth amendment protections articulated in Miller v. Alabama, 132 S. Ct. 2455. 173 CA 559.
Subdiv. (1):
Cited. 207 C. 374; 235 C. 206. The sentencing of an offender to life imprisonment without the possibility of release pursuant to Subdiv. where the offender was under 18 when the crime was committed does not violate constitutional prohibition of cruel and unusual punishment. 289 C. 550.
Subdiv. (2):
Cited. 216 C. 282. Trial court properly determined that imposition of a mandatory minimum sentence of not less than 25 years imprisonment did not constitute cruel and unusual punishment for a 15-year-old convicted of murder. 290 C. 209. Holding in Miller v. Alabama, 132 S. Ct. 2455, applies retroactively to cases on collateral review; life sentence for a juvenile includes a sentence of 50 years or more. 317 C. 52.
Cited. 34 CA 58, 93; judgment reversed, see 232 C. 537.