(a) Any paroled inmate who has been returned to any institution of the Department of Correction for violation of such inmate's parole may be retained in a correctional institution for a period equal to the unexpired portion of the term of such inmate's sentence at the date of the request or order for such inmate's return less any commutation or diminution of such inmate's sentence earned, except that the Board of Pardons and Paroles may, in its discretion, determine that such inmate shall forfeit any or all of such earned time, or may be again paroled by said board.
(b) Each parolee or inmate, subject to the provisions of section 18-7, shall be subject to loss of all or any portion of time earned.
(c) Any person who, during the service of a period of special parole imposed in accordance with subdivision (9) of subsection (b) of section 53a-28, has been returned to any institution of the Department of Correction for violation of such person's parole, may be retained in a correctional institution for a period equal to the unexpired portion of the period of special parole. The total length of the term of incarceration and term of special parole combined shall not exceed the maximum sentence of incarceration authorized for the offense for which the person was convicted.
(1949 Rev., S. 8830; 1957, P.A. 461, S. 5; 1967, P.A. 152, S. 54; P.A. 98-234, S. 4; P.A. 04-234, S. 2, 8; 04-257, S. 84, 124.)
History: 1967 act, effective July 1, 1968, extended section to all correctional institutions rather than State Prison alone, added reference to correction commissioner and deleted restriction of subsection (b) to serious acts of insubordination and refusal to conform to prison or parole regulations; P.A. 98-234 added new Subsec. (c) re the period of time that a person who has violated his special parole may be retained in the institution from which he was paroled; P.A. 04-234 replaced where appearing “the institution from which he was paroled” with “a correctional institution” as the place where a returned inmate may be retained, amended Subsec. (a) to delete reference to a paroled “convict”, amended Subsec. (c) to delete provision re returning an inmate to “the custody of the Commissioner of Correction”, and made technical changes, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-257 amended Subsec. (a) to delete reference to a paroled “convict”, delete provision re returning an inmate to “the custody of the Commissioner of Correction”, replace “the institution from which he was paroled” with “a correctional institution” as the place where a returned inmate may be retained and make technical changes for purposes of gender neutrality, and made a technical change in Subsec. (c), effective June 14, 2004.
For purposes of determining amount of diminution for good time earned or its forfeiture, sentences imposed under several counts are to be regarded as one continuous term. 129 C. 164. It is for court, not Board of Parole, to determine whether second sentence given parolee shall run concurrently or consecutively with unexpired portion of first. 132 C. 307. Cited. 162 C. 434; 170 C. 129; 172 C. 126; 184 C. 222; 213 C. 38.
Cited. 12 CA 1.
Cited. 4 CS 365; 11 CS 284; 13 CS 309. Sentence runs for parolee until date of order for return. 16 CS 22. Cited. Id., 80. When prisoner was returned for violation of parole, term he was to serve should have been computed by subtracting, from time he was to serve, period he had served up to date of order for his return as parole violator. 27 CS 439. When a man is returned to prison for parole violation, he may be held only for the balance of time after the date of the issuance of the order for his return. 32 CS 190.
Subsec. (c):
When sentencing provisions of Sec. 54-125e(c) and Subsec. conflict, legislature intended the maximum statutory limit in Subsec. to control; defendant's sentence of 10 years of imprisonment followed by 10 years of special parole violated Subsec. and was an illegal sentence because total length of terms of imprisonment and special parole combined exceeded maximum term of imprisonment authorized for sexual assault in the second degree by Sec. 53a-35a(6) and Sec. 53a-71(b). 279 C. 527. Sec. 54-125e(c) can be given effect only to the extent that it does not conflict with Subsec. 292 C. 417.
Notes of Decisions
Cited in
18
cases (
4 in the last 5 years), 1968–2024 · leading case:
State v. Tabone, 902 A.2d 1058 (Conn. 2006).
State v. Tabone, 902 A.2d 1058 (Conn. 2006).
· cites it 36× “to 1999) § 53a-71 2 is illegal because it: (1) exceeds the maximum sentence of imprisonment authorized by General Statutes §§ 53a-35a (6) and 53a-71 in violation of General Statutes § 54-128 (c); 3 and (2) violates the double jeopardy clause of *530 the fifth amendment of the…”
State v. Tabone, 973 A.2d 74 (Conn. 2009).
· cites it 42× “See General Statutes § 54-128 (c) (‘[t]he total length of the term of incarceration and term of special parole combined shall not exceed the maximum sentence of incarceration authorized for the offense for which the person was convicted’).”
State v. Brown, 34 A.3d 1007 (Conn. App. Ct. 2012).
· cites it 22× “(9) a term of imprisonment and a period of special parole"); § 54-125e (c) (providing that period of special parole may exceed ten years for enumerated offenses) [8] and General Statutes § 54-128 (c) ("[t]he total length of the term of incarceration and term of special parole…”
Parham v. Warden, Bridgeport Cmty. Corr. Ctr., 374 A.2d 137 (Conn. 1976).
· cites it 10× “*136 General Statutes § 54-128. Thus, the ex parte issuance of a request for rearrest suspends the running of the parolee's sentence until he is actually returned to custody.”
State v. Farrar, 199 A.3d 97 (Conn. App. Ct. 2018).
· cites it 4× “2 We decline to adopt the defendant's construction of § 53a-35a, as that construction would conflict with § 53a-28 (b) (9) and General Statutes § 54-128 (c). Sections 53a-28 (b) (9) and 54-128 (c) explicitly authorize a defendant to be sentenced to a term of imprisonment…”
State v. Tabone, 23 A.3d 689 (Conn. 2011).
· cites it 2× “On appeal, “[w]e conclude[d] that the defendant’s sentence violate[d] [General Statutes] § 54-128 (c) because the total length of the term of imprisonment and term of special parole combined exceedfed] the maximum term of imprisonment authorized for sexual assault in the second…”
State v. Battle, 192 Conn. App. 128 (Conn. App. Ct. 2019).
· cites it 2× “‘‘At the same time that it enacted § 54-125e, the legis- lature amended § 54-128 to provide that a sentence con- sisting of a term of imprisonment followed by a period of special parole shall not exceed the maximum sen- tence of incarceration authorized for the offense for which…”
State v. Foshay, 530 A.2d 611 (Conn. App. Ct. 1987).
· cites it 2× “” General Statutes § 54-128 provides in pertinent part: “Any paroled convict or inmate who has been returned to the custody of the commissioner of correction or any institution of the department of correction for violation of his parole may be retained in the institution from…”
Asherman v. Meachum, 566 A.2d 663 (Conn. 1989).
· cites it 2× “For a person on home release, as for any incarcerated prisoner, absconding constitutes a new crime, escape, that may lead to an added prison term. General Statutes § 53a-169 (a) (2).”
State v. Coleman, 204 Conn. App. 860 (Conn. App. Ct. 2021).
· cites it 5× “’’ 5 General Statutes § 54-128 (c) provides: ‘‘Any person who, during the service of a period of special parole imposed in accordance with subdivision (9) of subsection (b) of section 53a-28, has been returned to any institution of the Department of Correction for violation of…”
State v. Victor O. (Conn. 2016).
· cites it 15× “The court further observed that, under General Statutes § 54-128 (c),7 a sentence that consists of incarceration followed by a period of special parole cannot exceed the maximum sentence authorized for the underlying offense.”
Strain v. Warden of Connecticut State Prison, 242 A.2d 90 (Conn. Super. Ct. 1968).
· cites it 5× “Accordingly, the portion of rule 9 (C) that requires the unexpired term of a parolee’s sentence to be fixed at the date of his delinquency as determined by the board of parole is invalid because it is in direct conflict with § 54-128 (a). In the instant case, the unexpired…”
— Conn. Gen. Stat. § 54-128(c) — 2 cases
State v. Tabone, 973 A.2d 74 (Conn. 2009).
“See General Statutes § 54-128 (c) (‘[t]he total length of the term of incarceration and term of special parole combined shall not exceed the maximum sentence of incarceration authorized for the offense for which the person was convicted’).”
State v. Brown, 34 A.3d 1007 (Conn. App. Ct. 2012).
“(9) a term of imprisonment and a period of special parole"); § 54-125e (c) (providing that period of special parole may exceed ten years for enumerated offenses) [8] and General Statutes § 54-128 (c) ("[t]he total length of the term of incarceration and term of special parole…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.