Persons over sixteen years of age who have been committed by any court of criminal jurisdiction to the Commissioner of Correction may be confined in the York Correctional Institution.
(1949 Rev., S. 2742; 1959, P.A. 28, S. 201; 1961, P.A. 580, S. 4; 1967, P.A. 152, S. 20; 555, S. 74; 1969, P.A. 301; 1972, P.A. 28, S. 1; 127, S. 33; P.A. 75-633, S. 1; P.A. 15-14, S. 29.)
History: 1959 act deleted requirement for commitment by sheriff or police officer; 1961 act added women sentenced to jails and deleted stipulation that expenses be paid as for commitments to other penal institutions; 1967 acts changed “committed ... to said institution” to “committed ... to the commissioner of correction”; and “drug using” to “illicit traffic or possession of controlled drugs” and omitted requirement that a woman accompany committing officer; Sec. 17-360 transferred to Sec. 18-65 in 1968; 1969 act replaced Connecticut State Farm for Women with Connecticut Correctional Institution, Niantic, replaced duration of “commitment, including the time spent on parole,” with duration of “confinement”, added provision re computation of served sentence and stated that parole violator is subject to Sec. 54-128; 1972 acts removed “unmarried girls between ... sixteen and twenty-one years ... in manifest danger of falling into habits of vice or ... leading vicious lives and who are convicted thereof ...” from confinement provision; P.A. 75-633 replaced “women” with “persons”, made confinement optional rather than mandatory and deleted provisions describing specific offenders to whom provisions are applicable, limiting term of confinement and describing computation of time served; P.A. 15-14 made a technical change.
Cited. 115 C. 596. Prior to 1972 amendment, circuit court could commit wayward girls for indeterminate 3 years, Sec. 54-1a did not limit its jurisdiction under this section; holding that imposition of up to 3 year terms for criminal convictions was unconstitutional as discriminatory affected only that part of section relating to commitments for crime. 159 C. 150.
On habeas corpus petition, sentence of 3 years under statute for violation of Sec. 53-174 imposed by circuit court modified to term permitted under said section as term imposed exceeded statutory punishment for breach of peace and the jurisdiction of circuit court. 28 CS 9. Commitment of plaintiff by circuit court for possible 3 year maximum sentence is invalid only as to that portion which exceeded 1 year limit of court's jurisdiction. Id., 424. Court may not fix the term of a commitment to Niantic Correctional Institution. 31 CS 350.
Cited. 4 Conn. Cir. Ct. 206.
Notes of Decisions
Cited in
11
cases, 1968–1989 · leading case:
Collins v. York, 267 A.2d 668 (Conn. 1970).
Collins v. York, 267 A.2d 668 (Conn. 1970).
· cites it 8× “The issue sought to be raised is that the Circuit Court did not have jurisdiction to commit the plaintiff to an indeterminate term at the Connecticut State Farm for Women pursuant to either § 17-379 or § 17-360 (now § 18-65) of the General Statutes and that the sentence imposed…”
State v. Campbell, 429 A.2d 960 (Conn. 1980).
“n offense, the court shall impose one of the following sentences: (1) A term of imprisonment; or (2) a sentence authorized by sections 18-65a or 18-73 or (3) a fine; or (4) a term of imprisonment and a fine; or (5) a term of imprisonment, with the execution of such sentence of…”
State v. Dupree, 495 A.2d 691 (Conn. 1985).
“t suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a…”
State v. Lopez, 497 A.2d 390 (Conn. 1985).
“t suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a…”
State v. Walzer, 545 A.2d 559 (Conn. 1988).
“t suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a…”
State v. Hanson, 556 A.2d 1007 (Conn. 1989).
“t suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a…”
Bolling v. Manson, 345 F. Supp. 48 (D. Conn. 1972).
· cites it 3× “§ 18-73 or § 18-75 or to Niantic under § 18-65. The maximum term of the sentence may be used as the period from which the good time will be deducted.”
State v. Jenkins, 504 A.2d 1053 (Conn. 1986).
“t suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a…”
Michaels v. York, 330 A.2d 466 (Conn. Super. Ct. 1974).
“As such, it did not comply with our sentencing statutes. A court may impose a definite sentence for a felony, but it must fix a term of one year or less, otherwise the sentence must be indeterminate.”
In re Christopher V., 540 A.2d 700 (Conn. 1988).
“t suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a…”
Bourgoyne v. York, 28 Conn. Supp. 424 (Conn. Super. Ct. 1968).
“Claim is made that under General Statutes § 17-360 (now § 18-65) the maximum term of the commitment is three years and that this determines jurisdiction.”
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treatment. Dots show Syfertize treatment of the citing case itself.