Connecticut General Statutes

Conn. Gen. Stat. § 53a-35 (2026)

Imprisonment for any felony committed prior to July 1, 1981: Indeterminate sentences; maximum and minimum terms

✓ current as of May 2026

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(a) For any felony committed prior to July 1, 1981, the sentence of imprisonment shall be an indeterminate sentence, except as provided in subsection (d). When such a sentence is imposed the court shall impose a maximum term in accordance with the provisions of subsection (b) and the minimum term shall be as provided in subsection (c) or (d).

(b) The maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment; (2) for a class B felony, a term not to exceed twenty years; (3) for a class C felony, a term not to exceed ten years; (4) for a class D felony, a term not to exceed five years; (5) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime; and (6) for a capital felony, life imprisonment unless a sentence of death is imposed in accordance with section 53a-46a.

(c) Except as provided in subsection (d) the minimum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, the minimum term shall not be less than ten nor more than twenty-five years; (2) for a class B, C or D felony the court may fix a minimum term of not less than one year nor more than one-half of the maximum term imposed, except that (A) where the maximum is less than three years the minimum term may be more than one-half the maximum term imposed or (B) when a person is found guilty under section 53a-59(a)(1), section 53a-59a, 53a-101(a)(1) or 53a-134(a)(2), the minimum term shall be not less than five years and such sentence shall not be suspended or reduced, or when a person is found guilty under section 53a-60c, the minimum term shall be not less than three years and such sentence shall not be suspended or reduced, or when a person is found guilty under section 53a-60b, the minimum term shall be not less than two years and such sentence shall not be suspended or reduced; (3) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.

(d) Notwithstanding the provisions of subsections (a) and (c), except as provided in subdivision (2) of said subsection (c), when a person is sentenced for a class C or D felony or for an unclassified felony, the maximum sentence for which does not exceed ten years, the court may impose a definite sentence of imprisonment and fix a term of one year or less; except when a person is found guilty under sections 53a-55a, 53a-56a, 53a-60a, 53a-70a, 53a-72b, 53a-92a, 53a-94a, 53a-102a and 53a-103a, the court shall not fix a term of less than one year.

(1969, P.A. 828, S. 35; 1971, P.A. 871, S. 13; P.A. 73-137, S. 8; P.A. 74-186, S. 9, 12; P.A. 75-380, S. 14; 75-411, S. 3; P.A. 76-435, S. 2, 82; P.A. 77-422, S. 5; P.A. 80-442, S. 9, 28; P.A. 83-587, S. 76, 96.)

History: 1971 act amended Subsec. (a) to add reference to minimum sentence terms in Subsec. (d), required that sentence be specified in the sentence in Subsec. (b), amended Subsec. (c) to add exception re Subsec. (d), to raise minimum term for Class A felony from 1 to 10 years and maximum term from 10 to 25 years, to clarify exception re maximum term of 3 years by specifying minimum terms and to add Subdiv. (3) re unclassified felonies and amended Subsec. (d) to add exception re Subsec. (c)(2) and to include applicability re unclassified felonies; P.A. 73-137 removed reference to death sentence imposed for class A felony in accordance with Sec. 53a-46 in Subsec. (b)(1) and added Subdiv. (6) re capital felonies; P.A. 74-186 removed reference to guilt under Subdivs. (2) or (4) of Sec. 53a-60(a) in Subsec. (c)(2)(B); P.A. 75-380 added exception in Subsec. (d) re required 1-year term; P.A. 75-411 deleted reference to guilt under Sec. 53a-135(a)(2) in Subsec. (c)(2)(B); P.A. 76-435 added exception in Subsec. (d) as amended by P.A. 75-380; P.A. 77-422 expanded exception in Subsec. (c)(2)(B) re required 3-year and 2-year minimum terms and added reference to guilt under Sec. 53-59a; P.A. 80-442 amended Subsec. (a) to limit applicability to felonies committed prior to July 1, 1981, effective on that date; P.A. 83-587 substituted “53a-59a” for “53-59a” in Subsec. (c).

Cited. 169 C. 263; 171 C. 278; 176 C. 270; 180 C. 557; 182 C. 595; 189 C. 114; 190 C. 327; Id., 639; 193 C. 144; 195 C. 326; 196 C. 655; 199 C. 121; 219 C. 752.

Cited. 1 CA 724; 9 CA 686; 12 CA 403; 19 CA 440; Id., 571; Id., 631; 24 CA 612; 37 CA 228. Section does not apply to crimes committed before October 1, 1971. 133 CA 458.

Courts may impose a definite sentence for a felony of 1 year or less. 31 CS 350. Cited. 33 CS 705.

Subsec. (b):

Cited. 231 C. 545. Subdiv. (1): Sec. 53a-35b does not apply to indeterminate life sentences imposed pursuant to Subdiv., regardless of when the sentence was imposed, but applies solely to definite life sentences imposed pursuant to Sec. 53a-35a. 300 C. 649.

Cited. 46 CA 450.

Subsec. (c):

Subdiv. (2)(B): Rational relationship exists between the protection of public health and safety and the imposition of nonsuspendable sentence for violent crime of second degree robbery, an essential element of which is threatened use of a deadly weapon or dangerous instrument. 171 C. 677. Cited. 197 C. 413; Id., 485; 202 C. 343; 211 C. 591.

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Notes of Decisions

Cited in 75 cases (5 in the last 5 years), 1972–2025 · leading case: Castonguay v. Comm'r of Corr., 16 A.3d 676 (Conn. 2011).

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Castonguay v. Comm'r of Corr., 16 A.3d 676 (Conn. 2011). · cites it 39× “80-442, §§ 9 and 28, codified as part of General Statutes § 53a-35. The legislature also enacted new legislation; P.”

Davis v. Comm'r of Corr., 37 A.3d 758 (Conn. App. Ct. 2012). · cites it 56× “On appeal, the petitioner argues that the court improperly concluded that he was not entitled to be resentenced in accordance with General Statutes § 53a-35. [1] *760 We affirm the judgment of the habeas court.”

Mead v. Comm'r of Corr., 920 A.2d 301 (Conn. 2007). · cites it 19× “80-442, § 9, now codified at General Statutes § 53a-35 (a). Accordingly, the commissioner recalculated the *320 petitioner’s sentence for murder, a class A felony, 5 from a sentence of life imprisonment to an indeterminate sentence with a minimum term of twenty-five years and a…”

State v. Darden, 372 A.2d 99 (Conn. 1976). · cites it 10× “He was sentenced to a term of not less than five nor more than ten years’ imprisonment, and the sole issue presented on appeal is the constitutionality of General Statutes § 53a-35 (c) (2) (B), 1 which requires that persons convicted of second degree robbery be sentenced to a…”

D'Amico v. Manson, 476 A.2d 543 (Conn. 1984). · cites it 8× “” General Statutes § 53a-35 (b) at that time provided that “[t]he maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment .”

State v. Childree, 454 A.2d 1274 (Conn. 1983). · cites it 8× “General Statutes § 53a-35 (a) provides: "For any felony committed prior to July 1, 1981, the sentence of imprisonment shall be an indeterminate sentence.”

State v. Moran, 825 A.2d 111 (Conn. 2003). · cites it 9× “On appeal, the defendant claimed that § 53a-51, which provides that an attempt shall be classified as a crime “of the same grade and degree as the most serious offense which is attempted,” required that he be sentenced in accordance with the general sentencing provisions…”

State v. Trent, 438 A.2d 796 (Conn. 1981). · cites it 14× “The defendant’s claims on appeal are twofold: (1) the mandatory minimum sentencing provisions *597 of General Statutes § 53a-35 5 are not applicable to a conviction for the crime of attempted robbery in the first degree and (2) his guilty pleas were neither voluntarily nor…”

State v. Reynolds, 836 A.2d 224 (Conn. 2003). · cites it 2× “75-380 amended General Statutes § 53a-35 to require a mandatory minimum sentence for the offenses contained in §§ 3 through 12, inclusive, of the act.”

Connecticut Bd. of Pardons v. Dumschat, 452 U.S. 458 (1981). · cites it 2× “Conn. Gen. Stat. § 53a-35 (c) (1) (1981).”

State v. Ruiz, 368 A.2d 222 (Conn. 1976). · cites it 3× “” On appeal, the defendant challenges this sentence for the first *278 time, claiming that it is contrary to § 53a-35 (a) of the General Statutes, which provides that “ [a] sentence of imprisonment for a felony shall be an indeterminate sentence .”

State v. Sutton, 498 A.2d 65 (Conn. 1985). · cites it 8× “The sole ground alleged in the application for the issuance of the writ was that “[the defendant’s] imprisonment is illegal in that the minimum terms of his sentence [of August 14,1981,] for sexual assault in the first degree and kidnapping in the second degree are more than…”

Show all 75 citing cases →

— Conn. Gen. Stat. § 53a-35(b) — 1 case

Arthur Davis v. Kay Bryan & Raymond Lopes, 889 F.2d 445 (2d Cir. 1989).

— Conn. Gen. Stat. § 53a-35(b)(4) — 1 case

Flozell Jones, Adm'r of the Est. of Dennis Jones v. Keith Marshall, 528 F.2d 132 (2d Cir. 1975).

— Conn. Gen. Stat. § 53a-35(c)(1) — 1 case

the Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Academy of Careers & Tech., Inc. D/B/A Academy of Careers & Tech. Charter Sch. (Tex. App. 2015).

— Conn. Gen. Stat. § 53a-35(d) — 1 case

McAuliffe v. Carlson, 377 F. Supp. 896 (D. Conn. 1974).

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