Conn. Crim. Jury Instr. 4.6-1

Correctional or Humane Institution or to Inmate -- §

53a-174 (a)

The defendant is charged [in count __] with unauthorized conveyance of items into a

(correctional / humane) institution or to an inmate. The statute defining this offense reads in

pertinent part as follows:

any person not authorized by law who conveys or passes, or causes to be conveyed or

passed, into any (correctional / humane) institution or the grounds or buildings

thereof, or to any inmate of such an institution who is outside the premises thereof

and known to the person so conveying or passing or causing such conveying or

passing to be such an inmate any (controlled drug / intoxicating liquors / firearm /

weapon / dangerous instrument / explosive / United States currency / rope, ladder, or

other instrument or device for use in making, attempting or aiding an escape) shall be

guilty.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Without authorization

The first element is that the defendant was not authorized by law to do any of the acts

enumerated in the statute.

Element 2 - Conveyed unauthorized items into institution

The second element is that the defendant conveyed the following unauthorized item[s] into

<insert name of facility>.

<Insert one or more of the following:>

• any controlled drug. “Controlled drugs” are defined by statute as those drugs which

contain any quantity of a substance which has been designated as subject to the Federal

Controlled Substances Act, or which has been designated as a depressant or stimulant

drug pursuant to federal food and drug laws, or which has been designated by the

Commissioner of Consumer Protection as having a stimulant, depressant or

hallucinogenic effect upon the higher functions of the central nervous system and as

having a tendency to promote abuse or psychological or physiological dependence, or

both. Such controlled drugs are classifiable as amphetamine-type, barbiturate type,

cannabis- type, cocaine-type, hallucinogenic, morphine-type and other stimulant and

depressant drugs. Specifically excluded from controlled drugs and controlled substances

are alcohol, nicotine and caffeine.

• any intoxicating liquors.

• any (firearm / weapon / dangerous instrument / explosive) of any kind. <Insert

appropriate definition:>

o “Firearm” means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver,

or other weapon, whether loaded or unloaded, from which a shot may be discharged.

o “Weapon” includes anything used or designed to be used in destroying, defeating, or

injuring an enemy.

o “Dangerous instrument” imeans any instrument, article or substance which, under the

circumstances in which it is used or attempted or threatened to be used, is capable of

causing death or serious physical injury. “Serious physical injury” means physical

injury which creates a substantial risk of death, or which causes “serious

disfigurement,” serious impairment of health or serious loss or impairment of the

function of any bodily organ. It is important to note that the article need not be

inherently dangerous; all that is required is that the article was capable of causing

death or serious physical injury under the circumstances in which it was used. Any

article or substance, without limitation and even though harmless under normal use,

may be found by you to be a dangerous instrument if, under the circumstances of its

use or threatened or attempted use, it is capable of producing serious physical injury

or death. The state need not prove that in fact death or serious physical injury

resulted, only that the instrument had that potential under the circumstances.

o “Explosive” is any chemical compound, mixture, or device that functions by

explosion.

• any United States currency.

• any rope, ladder or other instrument or device for use in making, attempting, or aiding an

escape. The statute provides that “[t]he unauthorized conveying, passing or possession of

any rope or ladder or other instrument or device, adapted for use in making or aiding an

escape, into any such institution or the grounds or buildings thereof, shall be presumptive

evidence that it was so conveyed, passed or possessed for such use.” This means that if

you find that the defendant conveyed or passed into the institution or had in (his/her)

possession while in the institution any rope or ladder or other instrument or device

adapted for use in making or aiding an escape, then you may conclude, but are not

required to, that the defendant intended to use it for the purpose of making or aiding an

escape, provided of course that the inference drawn complies with the standards for

inferences as explained in connection with my instruction on circumstantial evidence.

The state alleges that the defendant (conveyed or passed / caused to be conveyed or passed) these

items <insert as appropriate:>

• into <insert name of facility> by means of <insert specific allegations>.

• to <insert name of inmate> while <insert name of inmate> was outside the premises of

<insert name of facility> and the defendant knew that <insert name of inmate> was an

inmate of <insert name of facility>.

Element 3 - Correctional institution

The third element is that <insert name of facility> is a (correctional / humane) institution. For

the purposes of this offense, institution includes the grounds and any buildings on the grounds.

<Insert the appropriate definition:>

• A “correctional institution” is any correctional facility administered by the commissioner

of correction.

• A “humane institution” is any (state mental hospital / community mental health center /

treatment facility for children and adolescents / any facility or program administered by

the (Department of Mental Health and Addiction Services / Department of Mental

Retardation / Department of Children and Families)).1

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant’s actions were

not authorized by law, 2) the defendant conveyed or caused to be conveyed <insert the object

conveyed> into <insert name of facility>, and 3) <insert name of facility> is a (correctional /

humane) institution.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of conveying unauthorized items into an institution, then you shall find the

defendant guilty. On the other hand, if you unanimously find that the state has failed to prove

beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

1 General Statutes § 17b-222.