Motion to Reconsider Sentence - Connecticut

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Modification
5. Filing Deadline
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Modified Sentence
9. Legal Authority
10. Proposed Order
11. Certificate of Service
12. State-Specific Notes

Caption

SUPERIOR COURT OF CONNECTICUT

JUDICIAL DISTRICT OF [________________________________]

Motion Header

APPLICATION TO MODIFY (CHANGE) SENTENCE PURSUANT TO CONN. GEN. STAT. § 53a-39

TO THE HONORABLE COURT:

The Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], respectfully applies to this Court for modification of the sentence imposed in the above-captioned matter pursuant to Connecticut General Statutes § 53a-39. In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. CT DOC Inmate Number: [________________________________]

3. Date of Original Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Total Effective Sentence: [________________________________]

7. Executed Portion: [________________________________]

8. Suspended Portion: [________________________________]

9. Probation Period: [________________________________]

10. Consecutive or Concurrent: [________________________________]

11. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ Nolo Contendere (Alford Plea)

12. Plea Agreement: ☐ Yes — Terms: [________________________________] ☐ No

13. Sentence Review Division Application Filed: ☐ Yes — Outcome: [________________________________] ☐ No

Grounds for Sentence Modification

Defendant respectfully requests modification of the sentence on the following grounds:

☐ A. New Information Unavailable at Sentencing
Since sentencing, new information has become available: [________________________________]

☐ B. Changed Circumstances
Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ C. Demonstrated Rehabilitation
Defendant has demonstrated substantial rehabilitation during incarceration: [________________________________]

☐ D. Disproportionate Sentence
The sentence is inappropriate or disproportionate in light of the nature of the offense, the character of the offender, the protection of the public interest, and the deterrent, rehabilitative, isolative, and denunciatory purposes for which the sentence was intended: [________________________________]

☐ E. Sentencing Error or Reliance on Incorrect Information
The Court relied upon materially inaccurate information at sentencing: [________________________________]

☐ F. Cooperation with Law Enforcement
Defendant has provided substantial cooperation to law enforcement: [________________________________]

☐ G. Medical or Health Circumstances
Defendant's medical condition warrants sentence reduction: [________________________________]

Filing Deadline

Date of Most Recent Filing (if any): [__/__/____]

Outcome of Most Recent Filing: [________________________________]

This motion is timely filed because: [________________________________]

Mitigating Factors

Defendant respectfully asks the Court to consider the following mitigating factors:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's limited or no prior criminal history: [________________________________]

☐ Defendant's mental health history or diagnosis: [________________________________]

☐ Defendant's substance abuse history and treatment: [________________________________]

☐ Defendant was a minor participant in the offense: [________________________________]

☐ Defendant's family responsibilities and dependents: [________________________________]

☐ Defendant's employment history and potential: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ Time served relative to total sentence: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation:

☐ Educational programs completed: [________________________________]

☐ Vocational training completed: [________________________________]

☐ Substance abuse treatment programs: [________________________________]

☐ Disciplinary record while incarcerated: [________________________________]

☐ Community service or religious involvement: [________________________________]

☐ Letters of support from: [________________________________]

☐ Reentry plan upon release: [________________________________]

☐ Risk assessment results (if available): [________________________________]

☐ Other rehabilitative accomplishments: [________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

Justification for proposed modification: [________________________________]

Legal Authority

1. Conn. Gen. Stat. § 53a-39 — Authorizes the sentencing court to reduce a sentence or discharge a defendant at any time during an executed period of incarceration, after hearing and for good cause shown.

2. Conn. Gen. Stat. §§ 51-195 and 51-196 — Establish the Sentence Review Division and authorize review of sentences of three years or more.

3. Conn. Practice Book § 43-21 — Governs applications to reduce a sentence under Conn. Gen. Stat. § 53a-39.

4. State v. Henderson, 307 Conn. 533 (2012) — Addressed the standards for sentence modification under § 53a-39.

5. State v. Eason, 192 Conn. App. 484 (2019) — Discussed the "good cause" standard for sentence reduction.

6. Additional Authority: [________________________________]

Proposed Order

SUPERIOR COURT OF CONNECTICUT

JUDICIAL DISTRICT OF [________________________________]

ORDER ON APPLICATION TO MODIFY SENTENCE

This matter having come before the Court on Defendant's Application to Modify Sentence pursuant to Conn. Gen. Stat. § 53a-39, and the Court having conducted a hearing and considered the application, the record, and the arguments of counsel:

IT IS HEREBY ORDERED that:

☐ The Defendant's Application is GRANTED. The sentence previously imposed on [__/__/____] is hereby modified as follows: [________________________________]

☐ The Defendant's Application is GRANTED IN PART. The sentence is modified as follows: [________________________________]

☐ The Defendant's Application is DENIED.

☐ A hearing on this matter is set for [__/__/____] at [____] a.m./p.m.

DONE AND ORDERED this [____] day of [________________], [________].

_________________________________________
Hon. [________________________________]
Superior Court Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Application to Modify Sentence and all supporting materials were served upon:

Office of the State's Attorney
Judicial District of [________________________________]
[________________________________]
[________________________________]

Victim Advocate (if applicable)
[________________________________]

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing
☐ Facsimile

_________________________________________
[________________________________]
Attorney for Defendant
Juris No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Distinction from Direct Appeal:
A sentence modification under § 53a-39 is a discretionary request to the sentencing court, not an appeal. Direct appeals are filed with the Appellate Court. Sentence modification is appropriate when the defendant seeks a reduction based on changed circumstances or rehabilitation.

Sentence Review Division:
The Sentence Review Division (§§ 51-195/196) is a separate mechanism available only for sentences of 3 or more years, filed within 30 days of sentencing. The Division can increase, decrease, or leave the sentence unchanged. This is a risk the defendant should carefully consider.

Mandatory Minimums:
Section 53a-39 does not apply to any portion of a sentence that is a mandatory minimum that cannot be suspended or reduced by the court.

Victim Notification:
Under § 53a-39, if a victim has requested notification, the court must notify the victim of the hearing on the modification application. The victim has the right to appear and make a statement.

Retroactive Sentencing Changes:
Connecticut has enacted various sentencing reforms, including changes to drug sentencing and juvenile sentencing. Defendants should evaluate whether any retroactive changes in law apply to their case.

Form JD-CR-68:
The Connecticut Judicial Branch requires the official Form JD-CR-68 (Application to Modify Sentence and Order) and the completed Form JD-VS-3 (Notice of Application Filed Seeking Release or Other Relief) to be filed with the clerk at the court where the defendant was sentenced. Access a current copy from the Judicial Branch each time it is used.