AN ACT CONCERNING PERSISTENT DANGEROUS FELONY OFFENDERS AND PROVIDING ADDITIONAL RESOURCES TO THE CRIMINAL JUSTICE SYSTEM

PA 08-51—sSB 671

Judiciary Committee

Appropriations Committee

AN ACT CONCERNING PERSISTENT DANGEROUS FELONY OFFENDERS AND PROVIDING ADDITIONAL RESOURCES TO THE CRIMINAL JUSTICE SYSTEM

SUMMARY: By law, someone may be prosecuted as a persistent dangerous felony offender if he or she stands convicted of certain serious crimes and has prior convictions of certain serious crimes. This act sets minimum penalties for persistent dangerous felony offenders and, in some instances, increases the maximum penalties for these offenders. It does so in the following way.

1. For those with one of the required prior convictions, it changes the penalty from up to 40 years in prison to a range between twice the minimum penalty for the crime the person stands convicted of, including twice any mandatory minimum sentence that applies, to a maximum of 40 years or twice the maximum penalty for the crime the person stands convicted of, whichever is longer. (This is often referred to as “two strikes. ”)

2. For those with two of the required prior convictions, it changes the penalty from up to life in prison (statutorily defined as up to 60 years) to a range between three times the minimum penalty for the crime the person stands convicted of, including three times any mandatory minimum sentence that applies, and life in prison (60 years). (This is often referred to as “three strikes. ”)

The act requires the prosecutor, when a person is arrested for one of the crimes that could make him or her eligible for prosecution as a persistent dangerous felony offender, to investigate whether the person meets the criteria to be sentenced as a persistent dangerous felony offender by having two of the required prior convictions. If the prosecutor determines the person would be eligible and the person has been presented to a geographical area courthouse, the prosecutor must have the person transferred to a judicial district courthouse.

The act prohibits a court from accepting a plea of guilty, not guilty, or no contest from someone arrested for one of these crimes unless it finds that the prosecutor investigated the person's eligibility for prosecution and sentencing as a persistent dangerous felony offender.

If the prosecutor finds that a person has the two required prior convictions making him or her eligible for prosecution and sentencing as a persistent dangerous felony offender, the act requires the prosecutor to state on the record specific reasons for terminating or not initiating proceedings to seek an enhanced sentence.

The act also makes a number of appropriations to criminal justice agencies.

EFFECTIVE DATE: Upon passage, except for the appropriations which are effective July 1, 2008.

PENALTIES FOR PERSISTENT DANGEROUS FELONY OFFENDERS

By law, there are two separate paths to being classified as a persistent dangerous felony offender (see BACKGROUND). A person must stand convicted of certain serious crimes and have certain serious prior convictions. Under prior law, someone who was a persistent dangerous felony offender with one of the required prior convictions was sentenced to up to 40 years in prison and someone with two of the required prior convictions was sentenced to up to life in prison (statutorily defined as 60 years). Under the act, the penalty for these offenders is tied to the penalty for the crime that the offender stands convicted of but with maximum sentences at least as long as under prior law. Table 1 shows the crimes that a person can stand convicted of under the persistent dangerous felony offender statute and the changes to the penalties the act makes depending on whether the offender has one or two of the specified prior convictions.

The persistent dangerous felony offender statute uses the terms “manslaughter,” “arson,” “kidnapping,” and “assault in the first degree. ” These do not refer to specific criminal statutes but they appear to apply to all of the crimes listed below. For example, “manslaughter” appears to include the crimes of 1^st degree manslaughter, 1^st degree manslaughter with a firearm, 2^nd degree manslaughter, 2^nd degree manslaughter with a firearm, and 2^nd degree manslaughter with a motor vehicle.

Table 1: Penalties under Prior Law and the Act, Based on the Offender's Current Conviction and Criminal Record


Current Conviction	Penalty With One Prior Conviction		Penalty With Two Prior Convictions
Current Conviction	Prior Law	Under the Act	Prior Law	Under the Act
Manslaughter 1^stdegree (CGS § 53a-55)	Up to 40 years	2 to 40 years	Up to 60 years	3 to 60 years
Manslaughter 1^stdegree with a firearm (CGS § 53a-55a)	Up to 40 years	10 to 80 years; 10 year mandatory minimum	Up to 60 years	15 to 60 years; 15 year mandatory minimum
Manslaughter 2^nddegree(CGS § 53a-56)	Up to 40 years	2 to 40 years	Up to 60 years	3 to 60 years
Manslaughter 2^nddegree with a firearm (CGS § 53a-56a)	Up to 40 years	2 to 40 years; 2 year mandatory minimum	Up to 60 years	3 to 60 years; 3 year mandatory minimum
Manslaughter 2^nddegree with motor a vehicle (CGS § 53a-56b)	Up to 40 years	2 to 40 years	Up to 60 years	3 to 60 years
Arson 1^stdegree(CGS § 53a-111)	Up to 40 years	20 to 50 years (see BACKGROUND)	Up to 60 years	30 to 60 years (see BACKGROUND)
Arson 2^nddegree(CGS § 53a-112)	Up to 40 years	2 to 40 years	Up to 60 years	3 to 60 years
Arson 3^rddegree(CGS § 53a-113)	Up to 40 years	2 to 40 years	Up to 60 years	3 to 60 years
Kidnapping 1^st degree or 1^stdegree with firearm (CGS §§ 53a-92 and 53a-92a)	Up to 40 years	20 to 50 years; 2 year mandatory minimum (see BACKGROUND)	Up to 60 years	30 to 60 years; 3 year mandatory minimum (see BACKGROUND)
Kidnapping 2^nddegree or 2^nddegree with a firearm (CGS §§ 53a-94 and 53a-94a)	Up to 40 years	2 to 40 years; 6 year mandatory minimum	Up to 60 years	3 to 60 years; 9 year mandatory minimum
Robbery 1^stdegree(CGS § 53a-134)	Up to 40 years	2 to 40 years; 10 year mandatory minimum if armed with a deadly weapon	Up to 60 years	3 to 60 years; 15 year mandatory minimum if armed with a deadly weapon
Robbery 2^nddegree(CGS § 53a-135)	Up to 40 years	2 to 40 years	Up to 60 years	3 to 60 years
Assault 1^stdegree(CGS § 53a-59)	Up to 40 years	2 to 40 years; 10 year mandatory minimum if used a deadly weapon or dangerous instrument to cause serious physical injury or 20 year mandatory minimum if victim under age 10 or a witness	Up to 60 years	3 to 60 years; 15 years mandatory minimum if used a deadly weapon or dangerous instrument to cause serious physical injury or 30 year mandatory minimum if victim under age 10 or a witness
Assault of elderly, blind, disabled, pregnant, or mentally retarded person 1^st degree (CGS § 53a-59a)	Up to 40 years	2 to 40 years; 10 year mandatory minimum	Up to 60 years	3 to 60 years; 15 year mandatory minimum
Assault of corrections employee 1^st degree (CGS § 53a-59b)	Up to 40 years	2 to 40 years	Up to 60 years	3 to 60 years
Home invasion (PA 08-1, January Special Session, § 1)	Up to 40 years	20 to 50 years; 20 year mandatory minimum	Up to 60 years	30 to 60 years; 30 year mandatory minimum
Burglary 1^stdegree(CGS § 53a-101)	Up to 40 years	2 to 40 years; 10 year mandatory minimum if armed with explosives, deadly weapon, or dangerous instrument	Up to 60 years	3 to 60 years; 15 year mandatory minimum if armed with explosives, deadly weapon, or dangerous instrument
Burglary 2^nddegree with a firearm (CGS § 53a-102a)	Up to 40 years	2 to 40 years; 2 year mandatory minimum	Up to 60 years	3 to 60 years; 3 year mandatory minimum
Sexual assault 1^stdegree(CGS § 53a-70)	Up to 40 years	Depending on the circumstances and age of the victim: 2 to 40 years or 20 to 50 years; mandatory minimum of 4, 10, or 20 years	Up to 60 years	Depending on the circumstances and age of the victim: 3 to 60 years or 30 to 60 years; mandatory minimum of 6, 15, or 30 years
Aggravated sexual assault 1^stdegree(CGS § 53a-70a)	Up to 40 years	2 to 40 years or 20 to 50 years if victim under 16 years; 10 year mandatory minimum or 40 year mandatory minimum if victim under 16 and force used or threatened	Up to 60 years	3 to 60 years or 30 to 60 years if victim under 16 years; 15 year mandatory minimum or 60 year mandatory minimum if victim under 16 and force used or threatened
Sexual assault 3^rddegree(CGS § 53a-72a)	Up to 40 years	2 to 40 years	Up to 60 years	3 to 60 years
Sexual assault 3^rddegree with a firearm (CGS § 53a-72b)	Up to 40 years	2 to 40 years; 4 year mandatory minimum	Up to 60 years	3 to 60 years; 6 years mandatory minimum

*Arson murder is not included on this list because it is punishable by life imprisonment without eligibility for parole.

APPROPRIATIONS

The act appropriates the following in FY 09:

1. $681,000 to the Division of Criminal Justice to enhance prosecution of repeat offenders, administrative coordination, and information technology capacity;

2. $512,000 to the Public Defender Services Commission to enhance the legal defense of indigent defendants and handle increased prosecutions;

3. $5,232,000 to the Judicial Branch to enhance court operations and probation supervision of sex offenders, including using global positioning system (GPS) and polygraph technology; increase the capacity to serve outstanding warrants for probation violations; provide truancy prevention; and create a juvenile justice urban cities pilot program;

4. $514,000 to the Department of Public Safety to hire additional staff in the State Police Major Crime Squad;

5. $2,147,000 to the Department of Correction to fund alternative housing, additional correction and parole officers, expanded GPS use in supervising parolees, and additional staff for the Board of Pardons and Paroles to screen parole candidates and process files; and

6. $910,000 to the Department of Mental Health and Addiction Services to enhance coordination and monitoring of community services for individuals served by alternative supervision and intervention support teams, provide supportive housing for individuals in the jail diversion and reentry programs, enhance the women's jail diversion program, and hire an additional clinician to expand the alternative drug intervention program's capacity.

BACKGROUND

Persistent Dangerous Felony Offender Classification

By law, a prosecutor can elect to charge someone as a persistent dangerous felony offender if the person (1) stands convicted of certain crimes and (2) has been, before committing the present crime, convicted of certain crimes and punished with a prison sentence of more than one year or death for them. There are two separate paths to being classified as a persistent dangerous felony offender. Table 2 displays these paths.

The persistent dangerous felony offender statute uses the terms “murder,” “manslaughter,” “arson,” “kidnapping,” and “assault in the first degree. ” These do not refer to specific criminal statutes, but it appears to apply to all of the crimes listed below. For example, “manslaughter” appears to include the crimes of 1^st degree manslaughter, 1^st degree manslaughter with a firearm, 2^nd degree manslaughter, 2^nd degree manslaughter with a firearm, and 2^nd degree manslaughter with a motor vehicle.

Table 2: Persistent Dangerous Felony Offender Classification


Current Conviction (§ 53a-40(a)(1))
*Statute*	*Name*	*Statute*	*Name*
53a-55	Manslaughter 1^st degree	53a-94	Kidnapping 2^nd degree
53a-55a	Manslaughter 1^st degree with a firearm	53a-94a	Kidnapping 2^nd degree with a firearm
53a-56	Manslaughter 2^nd degree	53a-134	Robbery 1^st degree
53a-56a	Manslaughter 2^nd degree with a firearm	53a-135	Robbery 2^nd degree
53a-56b	Manslaughter 2^nd degree with a motor vehicle	53a-59	Assault 1^st degree
53a-54d	Arson murder	53a-59a	Assault 1^st degree, victim elderly, blind, disabled, pregnant, or mentally retarded
53a-111	Arson 1^st degree	53a-59b	Assault 1^st degree, corrections employee
53a-112	Arson 2^nd degree	PA 08-1, Jan. Sp. Sess.	Home invasion
53a-113	Arson 3^rd degree	53a-101	Burglary 1^st degree
53a-92	Kidnapping 1^st degree	53a-102a	Burglary 2^nd degree with a firearm
53a-92a	Kidnapping 1^st degree with a firearm
Prior Conviction (with a prison sentence of more than one year)
*Statute*	*Name*	*Statute*	*Name*
53a-54a	Murder	53a-70a	Aggravated sexual assault 1^st degree
53a-54b	Capital felony	53a-72a	Sexual assault 3^rd degree
53a-54c	Felony murder	53a-72b	Sex assault 3^rd degree with a firearm
53a-70	Sexual assault 1^st degree
Any of the crimes listed above on the current conviction list
Attempt to commit any of these crimes
Predecessor crimes
Crimes in other states that are substantially similar


Current Conviction (§ 53a-40(a)(2))
*Statute*	*Name*	*Statute*	*Name*
53a-70	Sexual assault 1^st degree	53a-72a	Sexual assault 3^rd degree
53a-70a	Aggravated sexual assault 1^st degree	53a-72b	Sex assault 3^rd degree with a firearm
Prior Conviction (with a prison sentence of more than one year)
*Statute*	*Name*	*Statute*	*Name*
53a-54a	Murder	53a-92	Kidnapping 1^st degree
53a-54b	Capital felony	53a-92a	Kidnapping 1^st degree with a firearm
53a-54c	Felony murder	53a-94	Kidnapping 2^nd degree
53a-54d	Arson murder	53a-94a	Kidnapping 2^nd degree with a firearm
53a-55	Manslaughter 1^st degree	53a-134	Robbery 1^st degree
53a-55a	Manslaughter 1^st degree with a firearm	53a-135	Robbery 2^nd degree
53a-56	Manslaughter 2^nd degree	53a-59	Assault 1^st degree
53a-56a	Manslaughter 2^nd degree with a firearm	53a-59a	Assault 1^st degree, victim elderly, blind, disabled, pregnant, or mentally retarded
53a-56b	Manslaughter 2^nd degree with a motor vehicle	53a-59b	Assault 1^st degree, corrections employee
53a-111	Arson 1^st degree	PA 08-1, Jan. Sp. Sess. , § 1	Home invasion
53a-112	Arson 2^nd degree	53a-101	Burglary 1^st degree
53a-113	Arson 3^rd degree	53a-102a	Burglary 2^nd degree with a firearm
Attempt to commit any of these crimes
Predecessor crimes
Crimes in other states that are substantially similar

Mandatory Minimum Sentences for 1^st Degree Kidnapping and 1^st Degree Arson

By statute, 1^st degree kidnapping is a class A felony and 10 years of a sentence for a class A felony cannot be suspended. In State v. Jenkins, the court ruled that it was unconstitutional to subject a person convicted of 1^st degree kidnapping to a higher mandatory minimum sentence than a person convicted of kidnapping with a firearm, which is punishable as a class A felony with only a one year mandatory minimum sentence (198 Conn. 671 (1986)). The court ruled that the one-year mandatory minimum sentence would apply to both crimes.

By statute, 1^st degree arson is also a class A felony. In State v. O'Neill, the court held that it is unconstitutional to subject a person convicted of 1^st degree arson to a 10-year mandatory minimum while allowing the suspension of a sentence for arson murder, a more serious crime (200 Conn. 268 (1986)).

OLR Tracking: CR: GC: JL: dw