Connecticut 2025 Regular Session

Connecticut Senate Bill SB01327 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 4769 1 of 4
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5	5	General Assembly Raised Bill No. 1327
6	6	January Session, 2025
7	7	LCO No. 4769
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10	10	Referred to Committee on JUDICIARY
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12	12
13	13	Introduced by:
14	14	(JUD)
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19	19	AN ACT CONCERNING THE REDUCTION OF A SENTENCE BY THE
20	20	SENTENCING COURT OR A JUDGE.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 53a-39 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2025): 2
26	26	(a) [Except as provided in subsection (b) of this section, at] At any 3
27	27	time during an executed period of incarceration, the sentencing court or 4
28	28	judge may, after hearing and for good cause shown, reduce the sentence, 5
29	29	order the defendant discharged, or order the defendant discharged on 6
30	30	probation or conditional discharge for a period not to exceed that to 7
31	31	which the defendant could have been originally sentenced. 8
32	32	[(b) On and after October 1, 2021, at any time during the period of a 9
33	33	sentence in which a defendant has been sentenced prior to, on or after 10
34	34	October 1, 2021, to an executed period of incarceration of more than 11
35	35	seven years as a result of a plea agreement, including an agreement in 12
36	36	which there is an agreed upon range of sentence, upon agreement of the 13
37	37	defendant and the state's attorney to seek review of the sentence, the 14
38	38	sentencing court or judge may, after hearing and for good cause shown, 15
39	39	Raised Bill No. 1327
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41	41
42	42
43	43	LCO No. 4769 2 of 4
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45	45	reduce the sentence, order the defendant discharged, or order the 16
46	46	defendant discharged on probation or conditional discharge for a period 17
47	47	not to exceed that to which the defendant could have been originally 18
48	48	sentenced.] 19
49	49	[(c)] (b) If, after a hearing pursuant to this section, the sentencing 20
50	50	court or judge denies or grants in full [a motion] an application to reduce 21
51	51	a defendant's sentence or discharge the defendant, including pursuant 22
52	52	to probation or conditional discharge, the defendant may not file a 23
53	53	subsequent [motion] application for relief under this section until [five] 24
54	54	two years have elapsed from the date of the most recent decision 25
55	55	denying such defendant relief pursuant to this section. If, after a hearing 26
56	56	pursuant to this section, the sentencing court or judge grants in part [a 27
57	57	motion] an application to reduce a defendant's sentence, the defendant 28
58	58	may not file a subsequent [motion] application for relief under this 29
59	59	section until [three] two years from the date of the most recent decision 30
60	60	granting such defendant relief pursuant to this section. 31
61	61	[(d) The provisions of this section shall not apply to any portion of a 32
62	62	sentence imposed that is a mandatory minimum sentence for an offense 33
63	63	which may not be suspended or reduced by the court.] 34
64	64	(c) Notwithstanding any mandatory minimum term of imprisonment 35
65	65	that a person who is incarcerated is required to serve pursuant to a 36
66	66	provision of the general statutes, the sentencing court or judge may 37
67	67	modify a sentence below the prescribed mandatory minimum term of 38
68	68	imprisonment. 39
69	69	[(e)] (d) At the time the defendant files [a motion] an application with 40
70	70	the court, the defendant shall provide the state with a copy of the 41
71	71	[motion] application and any materials and documentation filed with 42
72	72	the court in support of such [motion] application. Not later than ninety 43
73	73	days after the receipt of the application, the sentencing court or a judge 44
74	74	shall schedule a hearing on the application or may reject the application 45
75	75	on technical grounds. If an application is rejected on technical grounds, 46
76	76	Raised Bill No. 1327
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80	80	LCO No. 4769 3 of 4
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82	82	for reasons that include, but are not limited to, the use of an incorrect 47
83	83	form, missing information, missing signatures or other errors or 48
84	84	omissions of a clerical nature, the sentencing court or judge shall make 49
85	85	a record of the reasons for the rejection and the defendant, upon 50
86	86	receiving notice of the rejection, may submit an amended application to 51
87	87	cure the defects in the initial application. The sentencing court or judge 52
88	88	shall render a decision on the defendant's application not later than 53
89	89	thirty days after the date of the hearing. Such decision shall be provided 54
90	90	to the defendant not later than forty-five days after the date of the 55
91	91	hearing and shall set forth the reasons for denying, granting or granting 56
92	92	in part the application. 57
93	93	[(f)] (e) At a hearing held by the sentencing court or judge under this 58
94	94	section, such court or judge shall permit any victim of the crime to 59
95	95	appear before the court or judge for the purpose of making a statement 60
96	96	for the record concerning whether or not the sentence of the defendant 61
97	97	should be reduced, the defendant should be discharged or the 62
98	98	defendant should be discharged on probation or conditional discharge 63
99	99	pursuant to subsection (a) or (b) of this section. In lieu of such 64
100	100	appearance, the victim may submit a written statement to the court or 65
101	101	judge and the court or judge shall make such statement a part of the 66
102	102	record at the hearing. For the purposes of this subsection, "victim" 67
103	103	means the victim, the legal representative of the victim or a member of 68
104	104	the deceased victim's immediate family. 69
105	105	This act shall take effect as follows and shall amend the following
106	106	sections:
107	107
108	108	Section 1 October 1, 2025 53a-39
109	109
110	110	Statement of Purpose:
111	111	To expand access to, and ensure timely resolution of, sentence
112	112	modification hearings.
113	113
114	114	Raised Bill No. 1327
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118	118	LCO No. 4769 4 of 4
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120	120	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
121	121	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
122	122	underlined.]
123	123