Torrice v. Commissioner of Correction

In Torrice v. Commissioner of Correction, 55 Conn. App. 1, 739 A.2d 270 (1999), the Court, in a per curiam opinion, adopted as a proper statement of the facts and applicable law a habeas court's memorandum of decision concerning the application of pretrial confinement credits in several cases. See Torrice v. Commissioner of Correction, 46 Conn. Sup. 77, 738 A.2d 1164 (1999). The petitioner in Torrice, unable to post bond, was held in presentence confinement simultaneously under two separate informations between July 21 and October 28, 1986. Id., 78. On October 28, 1986, the court sentenced the petitioner under one of the informations. Id. The respondent commissioner of correction applied a presentence confinement credit for the time the petitioner was in custody, from July 21 through October 28, 1986, to the petitioner's sentence on that information. Id., 79. On May 15, 1987, the court sentenced the petitioner on the other information, and the respondent commissioner of correction did not apply a presentence confinement credit to that sentence. The habeas court determined that the respondent properly had declined to apply the credit to each separate sentence. Id., 81-82. The court stated that once the credit had been "fully utilized" as to one of the sentences, it was "not available for application" to the other sentence. Id., 82. The court further explained that "pretrial confinement credit applied to one sentence in one docket is not thereafter available for application to another sentence in another docket." Id.