Notwithstanding any other provision of the general statutes, any person convicted of a crime committed on or after October 1, 1994, shall be subject to supervision by personnel of the Department of Correction until the expiration of the maximum term or terms for which such person was sentenced less any risk reduction credit earned under the provisions of section
18-98e.
(P.A. 93-219, S. 10, 14; P.A. 04-257, S. 116; P.A. 11-51, S. 24.)
History: P.A. 93-219 effective July 1, 1993; P.A. 04-257 deleted provision re supervision by personnel of “the Board of Parole” and made a technical change for purposes of gender neutrality, effective June 14, 2004; P.A. 11-51 provided for deduction from sentence of any risk reduction credit earned under Sec. 18-98e, effective July 1, 2011.
Section may be harmonized with Sec. 53a-38(b)(1) re determining controlling sentence where prisoner serving concurrent sentences for crimes committed both on or after October 1, 1994, and before October 1, 1994, and where pre-October 1, 1994 sentence subject to good time credit under Sec. 18-7a(c); determination of controlling sentence not a static concept. 261 C. 806. Where petitioner was convicted for offenses that occurred from 1993 to 1995, which therefore occurred both before and after October 1, 1994, petitioner was not eligible for good time credits under section or Sec. 18-7a. 290 C. 653.
Habeas court found to have improperly determined that petitioner was not eligible for good time credits; court's interpretation of good time statutes has the potential of burdening defendant in such a manner so as to conclude that the statutes are penal in nature; in resolving a latent ambiguity as to whether defendant was eligible for good time credits, the rule of lenity applied. 101 CA 52.
Notes of Decisions
Velez v. Comm'r of Corr., 738 A.2d 604 (Conn. 1999).
· cites it 50× “General Statutes § 18-100d provides: “Notwithstanding any other provision of the general statutes, any person convicted of a crime committed on or after October 1, 1994, shall be subject to supervision by personnel of the Department of Correction or the Board of Parole until the…”
Tyson v. Comm'r of Corr., 808 A.2d 653 (Conn. 2002).
· cites it 33× “2d 604 (1999) (“good time statutes [are] inapplicable to persons sentenced to a term of imprisonment for crimes committed on or after October 1, 1994”); see General Statutes § 18-100d. 2 Persons sentenced for crimes committed before October 1,1994, however, remain entitled to…”
Martinez v. Comm'r of Corr., 936 A.2d 665 (Conn. App. Ct. 2007).
· cites it 7× “The respondent, by way of defense, alleged that General Statutes § 18-100d 6 prevents any person convicted of a crime committed on or after October 1, 1994, from receiving statutory good conduct credit and, therefore, that five of the crimes to which the petitioner pleaded…”
Rivera v. Comm'r of Corr., 756 A.2d 1264 (Conn. 2000).
· cites it 4× “Finally, it bears mention that, under General Statutes § 18-100d, “good time statutes [are] inapplicable to persons sentenced to a term of imprisonment for crimes committed on or after October 1, 1994.”
George M. v. Comm'r of Corr., 966 A.2d 179 (Conn. 2009).
· cites it 8× “The issues raised by the respondent in this certified appeal are whether the Appellate Court improperly: (1) reversed the habeas court’s decision that a sentenced prisoner whose dates of offense were identified as “1993-1995” was not entitled to have statutory good time credits…”
Whitaker v. Comm'r of Corr., 878 A.2d 321 (Conn. App. Ct. 2005).
· cites it 2× “General Statutes § 18-98d (a) (1) provides in relevant part: “Any person who is confined to a community correctional center or a correctional institution for an offense committed on or after July 1, 1981, under a mittimus or because such person is unable to obtain bail or is…”
Magee v. Comm'r of Corr., 937 A.2d 72 (Conn. App. Ct. 2008).
· cites it 2× “See General Statutes § 18-100d (good time credit cannot be earned by persons who are convicted of crimes that occurred on or after October 1, 1994).”
Mitchell v. Comm'r of Corr., 893 A.2d 445 (Conn. App. Ct. 2006).
· cites it 2× “Misconduct or refusal to obey the rules which have been established for the service of his sentence shall subject the prisoner to the loss of all or any portion of such reduction by the commissioner or his designee.”
George M. v. Comm'r of Corr., 920 A.2d 372 (Conn. App. Ct. 2007).
· cites it 5× “In contrast, General Statutes § 18-100d provides: “Notwithstanding any other provision of the general statutes, any person convicted of a crime committed on or after October 1,1994, shall be subject to supervision by personnel by the Department of Correction until the expiration…”
Torres v. Comm'r of Corr., 167 A.3d 1020 (Conn. App. Ct. 2017).
“Thus, the petitioner's argument on appeal that the respondent must consider the time in which he spent as a pretrial detainee when calculating his risk reduction earned credits is implicitly an argument that pretrial detainees are entitled to earn risk reduction earned credits.”
Huguenin v. Comm'r of Corr., 861 A.2d 472 (Conn. 2004).
· cites it 6× “The petitioner, Marcel Huguenin, filed a petition for a writ of habeas corpus claiming, inter alia, that the application of General Statutes § 18-100d 1 *807 to the sentences imposed on him in six criminal cases violated the ex post facto clause of the United States constitution.”
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