(a) Probation officers shall investigate all cases referred to them for investigation by the executive director or by the court. They shall furnish to each person released under their supervision a written statement of the conditions of probation and shall instruct him regarding the same. They shall keep informed of his conduct and condition and use all suitable methods to aid and encourage him and to bring about improvement in his conduct and condition.
(b) Probation officers shall supervise and enforce all conditions of probation ordered pursuant to section 53a-30.
(c) Any interference with any probation officer or with any person placed in his charge shall render the person so interfering liable to the provisions of section 53a-167a.
(1949 Rev., S. 8834, 8835; 1955, S. 3336d; 1959, P.A. 28, S. 155; 1963, P.A. 642, S. 76; 1969, P.A. 297; P.A. 74-183, S. 155, 291; 74-338, S. 37, 94; P.A. 76-436, S. 557, 681; P.A. 11-155, S. 2.)
History: 1959 act substituted circuit court for municipal court or trial justice; 1963 act updated statute, excluding court of common pleas and reference to appeal by minor and substituting state jail administrator for jailer; 1969 act substituted community correctional centers and their administrators for jails and their administrators; P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system, and substituted “section 53a-167a” for “section 53-165”, effective December 31, 1974; P.A. 74-338 repeated change in section reference enacted by P.A. 74-183; P.A. 76-436 reworded section to reflect transfer of all trial jurisdiction to superior court, deleting references implying other courts' jurisdiction, effective July 1, 1978; P.A. 11-155 inserted Subsec. (a) and (c) designators, amended Subsec. (a) to delete provisions re duty of probation officers to collect and disburse moneys and account therefor and to send record of all probations to director, re duty of police to notify probation officer whenever any minor has been arrested and re authority of court to commit minor to custody of probation officer while case is being investigated or when minor is in default of bail and is committed to a community correctional center and to make a technical change, and added Subsec. (b) requiring probation officers to supervise and enforce all conditions of probation ordered pursuant to Sec. 53a-30, effective July 1, 2011.
Cited. 207 C. 152. Where, pursuant to a plea bargain, defendant pleads guilty to sexual assault in fourth degree in violation of Sec. 53a-73a and public indecency in violation of Sec. 53a-186, trial court acted within its discretion in permitting Office of Adult Probation to notify members of defendant's community. 250 C. 280.
Cited. 31 CA 660. Section does not provide remedy for failure of probation officer to comply with statute and does not require that defendant's signature be on conditions of probation; section is directory and not mandatory and violation of statute by probation officer does not excuse defendant from requirement that he not violate a condition of probation as long as probation officer advised defendant of conditions of his probation and consequences of violating those conditions. 55 CA 622. Section is directory and not mandatory and violation of section by probation officer does not excuse defendant from requirement that he not violate a condition of probation. 58 CA 153.
Cited. 42 CS 574.
Notes of Decisions
Cited in
11
cases, 1988–2020 · leading case:
State v. Misiorski, 738 A.2d 595 (Conn. 1999).
State v. Misiorski, 738 A.2d 595 (Conn. 1999).
· cites it 7× “to 1997) § 53a-30 (a) 5 and General Statutes § 54-108; 6 using well accepted principles of statutory construction.”
State v. Smith, 540 A.2d 679 (Conn. 1988).
· cites it 2× “” Moreover, General Statutes § 54-108, *172 addressing the duties of probation officers, provides in part: “They shall furnish to each person released under their supervision a written statement of the conditions of probation and shall instruct him regarding the same.”
State v. Crespo, 211 A.3d 1027 (Conn. App. Ct. 2019).
· cites it 2× “" General Statutes § 54-108 (a). Because the defendant's incarceration in the present case stemmed from the sexual and physical assault of a six year old child, it was entirely appropriate for the Office of Adult Probation, in effectuating that statutory obligation, to impose…”
State v. Lewis, 752 A.2d 1144 (Conn. App. Ct. 2000).
· cites it 5× “The defendant argues that General Statutes § 53a-30x directs the court to cause a copy of the order of probation to be delivered to the defendant, and General Statutes § 54-108 directs the probation officer to furnish each person placed on probation with a written statement of…”
State v. Bjorklund, 830 A.2d 1141 (Conn. App. Ct. 2003).
· cites it 2× “General Statutes § 54-108. He asks us to delve into other reasons why Hanson sought to obtain a warrant for the defendant’s arrest for violating the terms of the probation.”
State v. Martinez, 739 A.2d 721 (Conn. App. Ct. 1999).
· cites it 16× “On appeal, the defendant claims that the court improperly (1) found him in violation of probation when his probation officer did not comply with General Statutes § 54-108 1 and (2) failed to consider the probation officer’s lack of compliance with § 54-108 in sentencing the…”
State v. Scott, 626 A.2d 817 (Conn. App. Ct. 1993).
· cites it 4× “Nieves testified that her predecessor, Adele Ibsen, made a note in the defendant’s file that she had reviewed with the defendant the conditions of probation during their initial interview, presumably, to comply with the provisions of General Statutes § 54-108. We note that §…”
State v. Romero, 199 Conn. App. 39 (Conn. App. Ct. 2020).
· cites it 2× “To the extent that the defendant argues that only his probation officer may perform a search of his residence and possessions under the search condition, he has provided us with no authority to support that proposition.”
Roe v. Off. of Adult Prob., 938 F. Supp. 1080 (D. Conn. 1996).
“§ 54-108. Connecticut law also authorizes the OAP to require a probationer to comply “with any or all conditions which the court could have imposed under [53a-30(a) ] which are not inconsistent with any condition actually imposed by the court.”
State v. Mobley, 634 A.2d 305 (Conn. Super. Ct. 1993).
· cites it 2× “They shall furnish to each person released under their supervision a written statement of the conditions of probation and shall instruct him regarding the same.”
State v. Gaston, 741 A.2d 344 (Conn. App. Ct. 1999).
· cites it 6× “This court recently considered an analogous claim that a defendant’s probation should not have been revoked because his probation officer failed to satisfy the requirement of General Statutes § 54-108 2 that he present the defendant a written statement of the terms and…”
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