Any person confined for an indeterminate sentence, after having been in confinement under such sentence for not less than the minimum term, or, if sentenced for life, after having been in confinement under such sentence for not less than the minimum term imposed by the court, less such time as may have been earned under the provisions of section
18-7, may be allowed to go at large on parole in the discretion of the panel of the Board of Pardons and Paroles for the institution in which the person is confined, if (1) it appears from all available information, including such reports from the Commissioner of Correction as such panel may require, that there is reasonable probability that such inmate will live and remain at liberty without violating the law and (2) such release is not incompatible with the welfare of society. Such parolee shall be allowed in the discretion of such panel to return to his home or to reside in a residential community center, or to go elsewhere, upon such terms and conditions, including personal reports from such paroled person, as such panel prescribes, and to remain, while on parole, in the legal custody and control of the board until the expiration of the maximum term or terms for which he was sentenced. Any parolee released on condition that he reside in a residential community center may be required to contribute to the cost incidental to such residence. Each order of parole shall fix the limits of the parolee's residence, which may be changed in the discretion of such panel. Within one week after the commitment of each person sentenced for more than one year during any criminal term of the Superior Court, the state's attorney of each county and judicial district shall send to the Board of Pardons and Paroles the record, if any, of such person. In the case of an inmate serving a sentence at the John R. Manson Youth Institution, Cheshire, or at the York Correctional Institution, the Board of Pardons and Paroles shall establish, by rule, the date upon which said board shall notify the inmate that his eligibility for parole will be considered. At any time prior thereto the Commissioner of Correction may recommend that parole be granted and, under special and unusual circumstances, the commissioner may recommend that an inmate be discharged from the institution.
(1949 Rev., S. 8827; 1957, P.A. 461, S. 4; 1967, P.A. 152, S. 51; 1969, P.A. 575; 1971, P.A. 781, S. 2; 825; 1972, P.A. 25, S. 1; P.A. 73-116, S. 30; 73-667, S. 1, 2; P.A. 76-336, S. 7; P.A. 80-442, S. 26, 28; P.A. 86-186, S. 19; P.A. 04-234, S. 2; P.A. 15-14, S. 37.)
History: 1967 act, effective July 1, 1968, included State Prison for Women, required quorum rather than majority of board to parole prisoner, deleted provisions for notice to State Prison inmate of parole eligibility and for notice to and action by state's attorney relative to paroles and added provisions re determination of date on which inmate will be notified of parole eligibility in cases involving indeterminate sentences at Connecticut Reformatory or Connecticut State Farm for Women and re superintendent's power to recommend early parole or discharge; 1969 act substituted references to Connecticut Correctional Institutions at Somers, Niantic and Cheshire for references to State Prison, State Prison or State Farm for Women and Connecticut Reformatory; 1971 acts added references to parole to residence in residential community center and replaced superintendent with commissioner of correction; 1972 act amended section to reflect parole powers vested in panels of parole board where previously parole powers were vested in the entire board acting if quorum was present; P.A. 73-116 referred to judicial districts generally, deleting specific reference to actions of state's attorney in judicial district of Waterbury; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 76-336 deleted specific references to the various correctional institutions, allowed parole of person sentenced for life after serving minimum term imposed by court rather than after serving 25 years and specified that records of persons sentenced for more than 1 year be sent to parole board where previously such records were required to be sent in all cases; P.A. 80-442 deleted provision which allowed reduction of minimum sentence by not more than 5 years; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire, to the John R. Manson Youth Institution, Cheshire; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 15-14 made a technical change.
Cited. 126 C. 220; 145 C. 60; 152 C. 601; 168 C. 389; 169 C. 263; 170 C. 129; 171 C. 691; 172 C. 126; 196 C. 655; 210 C. 519; 213 C. 38, 48. To establish a cognizable claim under the ex post facto clause, habeas petitioner need only make a colorable showing that new law creates a genuine risk that petitioner will be incarcerated longer under the new law than under the old. 258 C. 804. Cited. Id., 830.
Cited. 24 CA 612. Section “creates no protected constitutional or statutory liberty interest in parole release that gives rise to a claim of illegal confinement in a habeas corpus action”. 26 CA 132. Parole eligibility was properly recalculated under 1968 revision of section because Sec. 53a-35 does not apply to crimes committed before October 1, 1971. 133 CA 458.
Cited. 4 CS 365; 25 CS 477; 26 CS 176. Where defendant sentenced as second offender asked review division to reduce his maximum term on ground that parole board had denied him parole, held it is not function of division thus to pass on actions of parole board. Id., 196. Cited. 27 CS 327. Parolee, arrested on another charge, may be held without bail for reasonable time until board can convene, because restraint from violation of law is a condition of release. 29 CS 104. Life sentence reduced in accordance with Sec. 18-7 only. 30 CS 20. Cited. 31 CS 350; 43 CS 13; 44 CS 417.
Notes of Decisions
Johnson v. Comm'r of Corr., 786 A.2d 1091 (Conn. 2002).
· cites it 6× “Instead, the Appellate Court found that § 54-125 vested broad discretion in the board to *817 determine whether a defendant should be considered for parole.”
Davis v. Comm'r of Corr., 37 A.3d 758 (Conn. App. Ct. 2012).
· cites it 20× “[3] In December, 1984, the Superior Court held that all Connecticut prisoners were entitled to benefit from the 1980 amendment to General Statutes § 54-125 that eliminated the five year restriction on the amount of good time credit that could be earned.”
Holmquist v. Manson, 362 A.2d 971 (Conn. 1975).
· cites it 12× “In determining this issue, we also consider §§ 54-125 and 18-7. Section 18-97 [1] in its relevant portions grants a "credit" towards the prison or jail sentence of "any person" for days spent in custody under a mittimus awaiting trial and sentencing or any other proceeding.”
Parham v. Warden, Bridgeport Cmty. Corr. Ctr., 374 A.2d 137 (Conn. 1976).
· cites it 8× “General Statutes § 54-125. The statutes also provide that each order of parole shall fix the limits of the parolee's residence, and in any particular case, the board of parole may establish special provisions for the parole of a convict.”
Stafford v. Comm'r of Corr., 207 Conn. App. 85 (Conn. App. Ct. 2021).
· cites it 13× “On May 10, 2016, the petitioner, through counsel, filed an amended petition for a writ of habeas corpus alleging that the respondent improperly determined that the petitioner is not parole eligible, despite the fact that he is currently incarcerated for a parole eligible offense…”
Vincenzo v. Warden, 599 A.2d 31 (Conn. App. Ct. 1991).
· cites it 4× “In deciding whether our parole statute, § 54-125, also gives rise to a protected liberty interest in parole release, we scrutinize it under the standards set forth in Greenholtz .”
Liistro v. Robinson, 365 A.2d 109 (Conn. 1976).
· cites it 4× “" General Statutes § 54-125 indicates that the parole board may grant parole if "(1) it appears from all available information, including such reports from the commissioner of correction as such panel may require, that there is reasonable probability that such inmate will live…”
Taylor v. Robinson, 372 A.2d 102 (Conn. 1976).
· cites it 4× “” § 54-125. The board of parole is authorized to “establish such rules and regulations as it deems necessary,” and a panel may establish special rules governing the release of any particular inmate.”
State v. Dupree, 495 A.2d 691 (Conn. 1985).
· cites it 4× “*659 General Statutes § 54-125. Therefore, in the context of an indeterminate sentencing scheme, the arson murder statute required the imposition of a mandatory life sentence to be served in its entirety.”
Connecticut Bd. of Pardons v. Dumschat, 452 U.S. 458 (1981).
“See Conn. Gen. Stat. § 54-125 (1981). Effective in 1971, the sentencing judge must specify a minimum term, which may be as low as 10 years or as high as 25 years.”
Castonguay v. Comm'r of Corr., 16 A.3d 676 (Conn. 2011).
· cites it 2× “Accordingly, *656 that portion of the petitioner’s sentence will never expire and he will be released from prison only if he is granted parole prior to his death pursuant to General Statutes § 54-125. If he is released on parole, the petitioner will remain under the supervision…”
— Conn. Gen. Stat. § 54-125(a)(f)(1) — 1 case
— Conn. Gen. Stat. § 54-125(d) — 1 case
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