State Codes and Statutes

State Codes and Statutes

Statutes > Connecticut > Title54 > Chap961 > Sec54-97

      Sec. 54-97. Mittimus required for commitment to correctional facility. No person may be committed to a correctional institution or a community correctional center
without a mittimus signed by the judge or clerk of the court which committed such
person or, with respect to a person sentenced to a period of special parole, signed by
the chairperson of the Board of Pardons and Paroles, declaring the cause of commitment
and requiring the warden or Community Correctional Center Administrator to receive
and keep such person in the correctional institution or the community correctional center,
as the case may be, for the period fixed by the judgment of said court or said board or
until such person is legally discharged; and such mittimus shall be sufficient authority
to the officer to commit such person, and to the warden or Community Correctional
Center Administrator to receive and hold such person in custody, except that any community correctional center may receive any person as provided in section 7-135 without
such mittimus.

      (1949 Rev., S. 8813; 1959, P.A. 28, S. 194; 1961, P.A. 1, S. 3; 566, S. 3; 1963, P.A. 642, S. 75; 1969, P.A. 297; P.A.
80-313, S. 49; P.A. 04-234, S. 2, 7.)

      History: 1959 act deleted obsolete reference to trial justice; 1961 acts added exception re Sec. 7-135; 1963 act deleted
obsolete references to workhouses and substituted state jail administrator for warden or master; 1969 act replaced jails
and their administrators with community correctional centers and their administrators; P.A. 80-313 substituted "may" for
"shall" and added reference to incarceration in Somers facility for period fixed by court's judgment or until discharge
effected; P.A. 04-234 replaced references to the Connecticut Correctional Institution, Somers with "correctional institution", authorized the commitment by a mittimus signed by the chairperson of the Board of Parole of a person sentenced
to a period of special parole, authorized retention of the person for the period fixed by "said board" and made technical
changes for purposes of gender neutrality, effective June 8, 2004, and replaced Board of Parole with Board of Pardons
and Paroles, effective July 1, 2004.

      As to service of process of U.S. courts. 5 D. 193; 7 Cranch 550. Upon proceedings of habeas corpus, sheriff is proper
party defendant; issuing of mittimus is a judicial act; interested justice of the peace is disqualified; a mittimus, valid on its
face, seems a protection to the officer. 60 C. 426; 91 C. 510. All persons participating in proceedings under void mittimus
are liable. 64 C. 319. Nature of mittimus; justice may issue after adjournment of court. 67 C. 359. Mittimus may issue
pending appeal. 84 C. 566. Cited. 132 C. 303. Cited. 185 C. 540. Cited. 215 C. 418. Cited. 230 C. 17.

      "Mittimus" distinguished from "execution". 15 CS 271. Cited. 16 CS 79.