General Assembly Raised Bill No. 1166
January Session, 2011 LCO No. 3800
*03800_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1166
January Session, 2011
LCO No. 3800
*03800_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING THE LENGTH OF PRETRIAL DETENTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-53a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) No person who has not made bail may be detained in a [community correctional center] correctional facility pursuant to the issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense not punishable by death, for longer than forty-five days, unless at the expiration of the forty-five days [he] the person is presented to the court having cognizance of the offense. On each such presentment, the court may reduce, modify or discharge the bail, or may for cause shown remand the person to the custody of the Commissioner of Correction. On the expiration of each successive forty-five-day period, the person may again by motion be presented to the court for such purpose.
(b) Notwithstanding the provisions of subsection (a) of this section, any person who has not made bail and is detained in a [community correctional center] correctional facility pursuant to the issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense classified as a class D felony or as a misdemeanor, except a person charged with a crime in another state and detained pursuant to chapter 964 or a person detained for violation of [his] parole pending a parole revocation hearing, shall be presented to the court having cognizance of the offense within thirty days of the date of [his] the person's detention. On such presentment, the court may reduce, modify or discharge the bail or may for cause shown remand the person to the custody of the Commissioner of Correction. On the expiration of each successive thirty-day period, the person shall again be presented to the court for such purpose.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, any person who has not made bail may be heard by the court upon a motion for modification of the bail at any time.
(d) Notwithstanding the provisions of subsections (a) and (b) of this section, no person who has not made bail and is being detained for the commission of no offense other than a misdemeanor may be detained for a period of time that exceeds the maximum term of imprisonment authorized for the most serious offense for which such person is being detained. On the expiration of the period of time that equals such authorized maximum term of imprisonment, the person shall be presented to the court having cognizance of the offense and, on such presentment, the court shall promptly order the release of such person in accordance with section 54-64a upon the person's execution of a written promise to appear without special conditions or a written promise to appear with nonfinancial conditions found sufficient to reasonably assure the appearance of the person in court.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 54-53a
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
54-53a
Statement of Purpose:
To create a more rational criminal justice system by ensuring that a person charged with a misdemeanor is not detained pretrial for a period longer than the term of imprisonment he or she would serve if convicted of that offense.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]