Opinion
No. H14H CR01-551237-S
December 9, 2003
MEMORANDUM OF DECISION
This matter comes before the court on the defendant's Motion to Articulate the denial of the defendant's Motion to Correct Jail Time Credit filed October 2, 2003 and denied by this court on October 14, 2003.
The defendant was sentenced to a period of incarceration on February 27, 2003 and began serving that sentence on that date.
The defendant filed a Motion to Correct Jail Time Credit on October 2, 2003 which was denied by this court on October 14, 2003.
The defendant has requested this court to articulate the reasons why the defendant's Motion to Correct Jail Time Credit was denied.
LAW
A trial court is without jurisdiction to modify a criminal judgment, once the defendant has begun serving his sentence, unless expressly authorized to do so. State v. Waterman, 264 Conn. 484, 491, 825 A.2d 484 (2003). The situation where a court is authorized to modify the judgment is very limited, and includes correcting an illegal sentence under Practice Book § 43-22 also see, e.g., General Statutes §§ 53a-29 through 53a-34 (permitting trial court to modify terms of probation after sentence imposed); General Statutes § 52-270 (granting jurisdiction to trial court to hear petition for new trial after execution of original sentence commenced); General Statutes § 53a-39 (allowing trial court to modify sentences of less than three years provided hearing held and good cause shown). State v. Waterman, id. The defendant does not claim that the sentence is illegal, or that the sentence was imposed in an illegal manner. None of the other exceptions to the rule appear to apply.
The authority to grant presentence credit is vested in the Commissioner of Correction under General Statute § 18-98d (c) which provides, "The Commissioner of Correction shall be responsible for ensuring that each person to whom the provisions of this section apply receives the correct reduction in such person's sentence; provided in no event shall credit be allowed under subsection (a) of this section in excess of the sentence actually imposed." This court will note that historically the failure to credit a defendant with jail credit was pursued via a remedy at the habeas court. See e.g. Tyson v. Commissioner of Correction, 261 Conn. 806, 808 A.2d 653 (2002); Linval-Cassius v. Commissioner of Correction, 68 Conn. App. 902, 792 A.2d 913 (2002); Hammond v. Commissioner of Correction, 259 Conn. 855, 792 A.2d 774 (2002); Connelly v. Commissioner of Correction, 258 Conn. 394, 780 A.2d 903 (2001); Woolcock v. Commr. of Correction, 62 Conn. App. 821, 772 A.2d 684 (2001); Rivera v. Commissioner of Correction, 254 Conn. 214, 756 A.2d 1264 (2000).
Since this court lacks jurisdiction to modify the judgment, and the authority to grant or modify jail time credit is vested in the Commissioner of Correction, this court lacks the legal authority to grant the defendant's motion.
Defendant's Motion to Correct Jail Time Credit is DENIED.
BY THE COURT:
CHRISTINE E. KELLER, JUDGE.