Sec. 53a-40b. Additional term of imprisonment authorized for offense committed while on release. - Connecticut Statutes

      Sec. 53a-40b. Additional term of imprisonment authorized for offense committed while on release. A person convicted of an offense committed while released pursuant to sections 54-63a to 54-63g, inclusive, or sections 54-64a to 54-64c, inclusive, other than a violation of section 53a-222, may be sentenced, in addition to the sentence prescribed for the offense to (1) a term of imprisonment of not more than ten years if the offense is a felony, or (2) a term of imprisonment of not more than one year if the offense is a misdemeanor.

      (P.A. 90-213, S. 54; P.A. 98-90, S. 2.)

      History: P.A. 98-90 excepted convictions under Sec. 53a-222 from provisions of section.

      Question of whether defendant was on release at time of the offense for which he was convicted and therefore subject to enhanced penalty was not reasonably in dispute, was conceded as fact by defendant, and did not require a jury determination. 280 C. 69.

      Jury hearing not constitutionally required for enhanced sentence based on prior conviction; enhanced penalty provisions do apply to defendant who committed second crime while released on written promise to appear. 62 CA 34. Trial court lacked jurisdiction to consider defendant's claim that sentencing court failed to articulate any reason for enhancing his sentence. 93 CA 61.