A sentence of life imprisonment means a definite sentence of sixty years, unless the sentence is life imprisonment without the possibility of release, imposed pursuant to subparagraph (A) or (B) of subdivision (1) of section
53a-35a, in which case the sentence shall be imprisonment for the remainder of the defendant's natural life.
(P.A. 80-442, S. 11, 28; P.A. 85-366, S. 3; P.A. 95-19, S. 2; P.A. 12-5, S. 3.)
History: P.A. 80-442 effective July 1, 1981; P.A. 85-366 added provision re life imprisonment without the possibility of release; P.A. 95-19 made a technical change; P.A. 12-5 substituted “life imprisonment means” for “imprisonment for life shall mean” and “subparagraph (A) or (B) of subdivision (1) of section 53a-35a” for “subsection (g) of section 53a-46a”, effective April 25, 2012.
See Sec. 53a-35c re availability of sentence of life imprisonment without the possibility of release.
Cited. 198 C. 92; 201 C. 276; 207 C. 374; 215 C. 231; 216 C. 282; 219 C. 752; 220 C. 169; 221 C. 430; 234 C. 139. Statutory provision affects substantive rights; in the absence of any clear and unequivocal expression by legislature rebutting presumption of prospective application, statute does not apply retroactively to persons sentenced prior to its enactment. 282 C. 317. Section 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 Sec. 53a-35a. 300 C. 649.
Cited. 9 CA 686; 24 CA 612.
Notes of Decisions
Castonguay v. Comm'r of Corr., 16 A.3d 676 (Conn. 2011).
· cites it 49× “The principal issue in this appeal is whether General Statutes § 53a-35b 1 which defines a sentence of life imprisonment as a term of sixty years, is applicable in cases where the defendant committed the offense before July 1, 1981, the effective date of § 53a-35b, but the…”
Mead v. Comm'r of Corr., 920 A.2d 301 (Conn. 2007).
· cites it 27× “The petitioner claims on appeal that the habeas court improperly concluded that General Statutes § 53a-35b, 2 which defines a sentence of life imprisonment as a definite sentence of sixty years, does not apply retroactively to persons who committed crimes prior to that statute’s…”
State v. Collins, 10 A.3d 1005 (Conn. 2011).
· cites it 8× “" [39] General Statutes § 53a-35b. [40] Moreover, we also disagree with the defendant's argument that the trial court's failure to explain the sentencing options for felony murder by itself rendered the canvass inadequate.”
McCoy v. Comm'r of Pub. Saf., 12 A.3d 948 (Conn. 2011).
· cites it 4× “, General Statutes §§ 53a-35b and 53a-35c (addressing life imprisonment).”
State v. Jones, 662 A.2d 1199 (Conn. 1995).
· cites it 4× “” General Statutes § 53a-35b. That is why the elements of capital felony, 10 including subdivision (3), are defined by § 53a-54b, and the sentence therefor is defined by General Statutes § 53a-46a (f).”
State of Iowa v. Charles James David Oliver, 812 N.W.2d 636 (Iowa 2012).
· cites it 2× “) (imposing a sentence of twenty-five years to life for a second or subsequent conviction); Conn. Gen.Stat. Ann. §§ 53a-35b, 53a-40(b), (i) (West, Westlaw through 2012 Supp.”
Simms v. Warden, State Prison, 646 A.2d 126 (Conn. 1994).
· cites it 2× “General Statutes § 53a-35b provides in part that “[a] sentence of imprisonment for life shall mean a definite sentence of sixty years .”
Copas v. Comm'r of Corr., 662 A.2d 718 (Conn. 1995).
· cites it 2× “” General Statutes § 53a-35b provides: “ ‘life imprisonment’ defined.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010).
· cites it 2× “See General Statutes § 53a-35a (2); see also General Statutes § 53a-35b (“[a] sentence of imprisonment for life shall mean a definite sentence of sixty years, unless the sentence is life imprisonment without the possibility of release .”
State v. Ross, 646 A.2d 1318 (Conn. 1994).
· cites it 2× “General Statutes § 53a-35b provides that “[a] sentence of imprisonment for life shall mean a definite sentence of sixty years .”
State v. Stenner, 917 A.2d 28 (Conn. 2007).
· cites it 4× “The trial court rendered a judgment of conviction in accordance with the jury’s verdict and sentenced the defendant to life imprisonment pursuant to General Statutes § 53a-35b. 4 This appeal followed.”
State v. Williams-Bey, 144 A.3d 467 (Conn. App. Ct. 2016).
· cites it 2× “75 years exceeds what our legislature in General Statutes § 53a-35b has defined as a life sentence (sixty years), and what our Supreme Court concluded in Casiano was a de facto life sentence for juvenile offenders (fifty years).”
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