Plourde v. Liburdi

• Decision Date: 10 May 1988
• Docket Number: No. 13250,13250
• Court: Connecticut Supreme Court
• Parties: Camille PLOURDE v. Victor LIBURDI, Warden.

Page 1054

540 A.2d 1054

207 Conn. 412

Camille PLOURDE v. Victor LIBURDI, Warden.

No. 13250.

Supreme Court of Connecticut.

Argued Feb. 10, 1988.

Decided May 10, 1988.

Scott M. Karsten, Hartford, with whom, on the brief, was William K. McGraw, Law Student Intern, for appellant (petitioner).

Henri Alexandre, Asst. Atty. Gen., with whom, on the brief, was Joseph I. Lieberman, Atty. Gen., for appellee (respondent).

Before PETERS, C.J., and ARTHUR H. HEALEY, SHEA, GLASS and COVELLO, JJ.

COVELLO, Associate Justice.

This is an appeal from the denial of the petitioner Camille Plourde's application for a writ of habeas corpus. The petition alleged an illegal confinement in that the warden had calculated the petitioner's 120 day sentence following a third conviction for operation of a motor vehicle while under the influence of intoxicating liquor in violation of General Statutes § 14-227a ¹ without reducing the sentence by the "good time" and "employment" credits to which he was entitled under General Statutes § 18-7a(c) ² and § 18-98a. ³

The habeas court concluded that the language of § 14-227a(h)(3) ⁴ prohibited any reduction of the 120 day sentence and, therefore, dismissed the application. The petitioner appealed.

The issues presented by this appeal are: (1) did the court err in concluding that those convicted of a third violation of § 14-227a are not entitled to the statutory "good time" and "employment" credits with respect to the first 120 days of their sentences; and (2) does the denial of these credits to the petitioner deny him the equal protection of the laws in violation of the fourteenth amendment to the constitution of the United States and article first, § 20, of the Connecticut constitution? We answer both questions in the negative and find no error.

Examination of the record discloses that on September 19, 1986, the petitioner pleaded guilty for a third time to the offense of operating a motor vehicle while intoxicated, in violation of General Statutes § 14-227a. The court forthwith ordered him imprisoned for a term of 120 days.

During his entire confinement, the petitioner served his sentence with good conduct and obedience to the rules and was, therefore, eligible for the "good conduct" credit that would have reduced the length of his confinement pursuant to General Statutes § 18-7a(c). See footnote 1, supra. In addition, beginning on October 10, 1986, he was employed within the institution as a carpentry class aide for a period of seven consecutive days within the meaning of General Statutes § 18-98a; see footnote 2, supra; thus qualifying him for further reductions in the length of his confinement.

The warden calculated the petitioner's release date as January 16, 1987, i.e., 120 days from September 19, 1986, the date of sentencing. If the sentence reduction credits had been applied, the release date would have been December 14, 1986. ⁵

General Statutes § 14-227a(h)(3) provides in relevant part that "[a]ny person who violates any provision of [General Statutes § 14-227a] (a) ... shall ... for conviction of a third violation ... [be] imprisoned not more than two years, one hundred twenty days of which may not be suspended or reduced in any manner...." (Emphasis added.) The habeas court agreed with the warden's contention that the statute's limitation on suspending or reducing the first 120 days of the mandatory prison term operated as an absolute bar to applying the sentence reduction credits otherwise available under General Statutes § 18-7a(c) and § 18-98a. We agree.

The petitioner points out that the "good time" credit statute, § 18-7a(c), was initially enacted in 1976; Public Acts 1976, No. 76-358; and that the "employment" credit statute, § 18-98a, was enacted in 1969. Public Acts 1969, No. 298. The amendment to § 14-227a that established the current mandatory minimum sentence was enacted in 1985. Public Acts 1985, No. 85-387. The petitioner argues that the only way to harmonize this later amendment with the earlier enactments dealing with the same subject is to construe the phrase "may not be suspended or reduced in any manner" as a limitation only on actions by the court and not on actions by the commissioner of correction.

The General Statutes, however, contain many provisions in which the sentencing authority of the court is limited. In each instance the statute clearly states: "may not be suspended or reduced by the court." ⁶ (Emphasis added.) In view of the consistent use of the phrase "by the court" when imposing a sentencing limitation on the court, it logically follows that had the legislature intended that the limitation of § 14-227a(h)(3) apply only to actions by the court, the language would have read "may not be suspended or reduced by the court." (Emphasis added.) "[T]he use of different words [or the absence of repeatedly used words in the context of] the same [subject matter] must indicate a difference in legislative intention. Fritz v. Madow, 179 Conn. 269, 272, 426 A.2d 268 (1979)." Steadwell v. Warden, 186 Conn. 153, 164, 439 A.2d 1078 (1982) (Shea, J., dissenting).

There are three further principles of statutory construction that militate against the position advanced by the petitioner. First, §§ 18-7a(c) and 18-98a are statutes of general applicability that provide for "good time" and "employment" credits in connection with all sentences. The sentence credit limitation of § 14-227a(h)(3) concerns one specific sentence, i.e., that following a conviction for a third violation of § 14-227a: " 'It is a well-settled principle of construction that specific terms covering the given subject matter will prevail over general language of the same or another statute which might otherwise prove controlling.' Charlton Press, Inc. v. Sullivan, 153 Conn. 103, 110, 214 A.2d 354 [1965]." Budkofsky v. Commissioner of Motor Vehicles, 177 Conn. 588, 592, 419 A.2d 333 (1979).

Second, as we have noted, the "employment credit" statute was originally enacted in 1969. Public Acts 1969, No. 198. The "good time credit" became law in 1976. Public Acts 1976, No. 76-358. The limiting language of § 14-227a(h)(3) was appended to § 14-227a in 1985, some nine years later. Public Acts 1985, No. 85-387. "[L]ater enactments are presumed to repeal [or be inapplicable to] earlier inconsistent ones to the extent of the conflict, regardless of the specific or general character of the later enactment." Keogh v. Bridgeport, 187 Conn. 53, 65, 444 A.2d 225 (1982).

Finally, we note that " ' "[t]he General Assembly is always presumed to know all the existing statutes and the effect that its action or non-action will have upon any one of them. And it is always presumed to have intended that effect which its action or non-action produces." State v. Staub, 61 Conn. 553, 566, 23 A. 924 [1892].' New Haven Water Co. v. North Branford [174 Conn. 556, 564-65, 392 A.2d 456 (1978) ]." Beccia v. Waterbury, 185 Conn. 445, 458-59, 441 A.2d 131 (1981). ⁷

We conclude that the 1985 amendment to § 14-227a(h)(3) establishes a 120 day mandatory minimum sentence for third time drunk driving offenders and that the habeas court correctly construed the statute when it concluded that the sentence credits otherwise available were inapplicable to the sentences of those persons convicted of a third violation of this statute.

The petitioner next argues that the singular unavailability of §§ 18-7a(c) and 18-98a to third time drunk driving offenders violates his right to the equal protection of the laws in violation of the fourteenth amendment to the constitution of the United States and article first, § 20, of the Connecticut constitution.

"[T]he constitution of Connecticut, article first, § 20, is the state counterpart of the equal protection clause of the fourteenth amendment to the constitution of the United States. These provisions of the federal and state constitutions 'have the same meaning and impose similar constitutional limitations.' Karp v. Zoning Board, 156 Conn. 287, 295, 240 A.2d 845 [1968]. Both provisions therefore may be considered together. See Page v. Welfare Commissioner, 170 Conn. 258, 264, 365 A.2d 1118 [1976]; Tough v. Ives, 162 Conn. 274, 292, 294 A.2d 67 [1972]; Proctor v. Sachner, 143 Conn. 9, 17, 118 A.2d 621 [1955]." Lockwood v. Killian, 172 Conn. 496, 500-501, 375 A.2d 998 (1977).

" 'Equal protection analysis must commence with a determination of whether ... the legislation impinges upon a fundamental right. Where the legislation impinges upon [such a] right ... then it must be struck down unless justified by a compelling state interest.... Where the statute does not involve fundamental rights ... the legislation will withstand constitutional attack if the distinction is founded on a rational basis....' Laden v. Warden, 169 Conn. 540, 542-43, 363 A.2d 1063 (1975)." (Citations omitted.) Frazier v. Manson, 176 Conn. 638, 645-46, 410 A.2d 475 (1979). The United States Supreme Court has said that "the Constitution itself does not guarantee good time credit for satisfactory behavior in prison." Wolff v. McDonnell, 418 U.S. 539, 557, 94 S.Ct. 2963, 2975, 41 L.Ed.2d 935 (1974). In an earlier equal protection analysis of §§ 18-7 and 18-7a, we concluded that one eligible for good time credits could not "assert a 'fundamental' right to additional good time credits permitted under another statute which became effective after he was sentenced." Frazier v. Manson, supra, 176 Conn. at 647, 410 A.2d 475. We see no reason to change this view in the present context of good time credits being withheld during the first 120 days of a sentence. "Our opinion [then] is that the standard to be used in assessing [this] ... equal protection claim is the traditional 'rational basis' test and not the more exacting 'strict scrutiny' test." Id.

" 'Whatever views may be entertained regarding severity of punishment, whether one believes in its efficacy or its futility ... these are peculiarly questions of legislative...