Section 53a-31 - Calculation of periods of probation and conditional discharge. Compliance with conditions during interrupted period(a) A period of probation or conditional discharge commences on the day it is imposed, unless the defendant is imprisoned, in which case it commences on the day the defendant is released from such imprisonment. Multiple periods, whether imposed at the same or different times, shall run concurrently.(b) The issuance of a warrant or notice to appear, or an arraignment following an arrest without a warrant, for violation pursuant to section 53a-32 shall interrupt the period of the sentence until a final determination as to the violation has been made by the court. In the absence of a warrant, a notice to appear or an arrest for violation pursuant to section 53a-32, if the defendant has failed to comply with any of the conditions of probation or conditional discharge, such failure shall not relieve the Court Support Services Division from the responsibility of supervising the defendant.(c) Notwithstanding the issuance of a warrant or notice to appear or an arrest without a warrant for violation pursuant to section 53a-32, the defendant shall continue to comply with the conditions with which the defendant was previously required to comply pursuant to section 53a-30. The Court Support Services Division shall make reasonable efforts to inform the defendant of the defendant's obligation to continue to comply with such conditions and to provide the defendant with a copy of such conditions.(d) In any case where a person who is under a sentence of probation or of conditional discharge is also under an indeterminate sentence of imprisonment, or a sentence authorized under section 18-65a or 18-73, imposed for some other offense by a court of this state, the service of the sentence of imprisonment shall satisfy the sentence of probation or of conditional discharge unless the sentence of probation or of conditional discharge is revoked prior to parole or satisfaction of the sentence of imprisonment.Conn. Gen. Stat. § 53a-31
(1969, P.A. 828, S. 31; 1971, P.A. 871, S. 11; P.A. 87-282, S. 20; P.A. 92-260, S. 13; P.A. 97-151, S. 1; P.A. 02-132, S. 32; P.A. 03-278, S. 103; Jan. Sp. Sess. P.A. 08-1, S. 36; P.A. 08-102, S. 5, 6; P.A. 11-155, S. 1; P.A. 15-211, S. 1.)
Amended by P.A. 15-0211, S. 1 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.Amended by P.A. 11-0155, S. 1 of the the 2011 Regular Session, eff. 7/1/2011. Cited. 170 Conn. 128; 222 Conn. 299. Cited. 9 Conn.App. 686; 32 Conn.App. 1; 34 CA 1. Term "release" as used in section includes physical release from custody whether by mistake or not and probation commences by operation of law on date of actual release from imprisonment. 36 CA 440. Subsec. (a): Cited. 24 CA 575; 39 Conn.App. 722. Although probation may continue during a period of incarceration, it does not commence pursuant to section unless defendant is released from imprisonment. 60 CA 515. Subsec. (b): Arrest warrant issued "pursuant to section 53a-32 " for violation of probation interrupts probation sentence simply by its issuance and exceeding the 120 day limit under Sec. 53a-32(c) for resolution of such violation charge, even without a finding of good cause, does not impact such interruption. 326 C. 731. Cited. 9 CA 59; 37 Conn.App. 72; 39 Conn.App. 722. Defendant is not excused from complying with conditions of probation simply because a probation officer informs him that he is in violation of that probation. 75 Conn.App. 643. It is the issuance of the warrant that tolls the period of probation and whether the period is tolled is not dependent on the outcome of the violation of probation proceedings. 114 CA 295.