| 1 | 1 | | General Assembly Raised Bill No. 446 |
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| 2 | 2 | | February Session, 2012 LCO No. 2470 |
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| 3 | 3 | | *02470_______JUD* |
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| 4 | 4 | | Referred to Committee on Judiciary |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (JUD) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 446 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2012 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 2470 |
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| 15 | 15 | | |
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| 16 | 16 | | *02470_______JUD* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (JUD) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING THE AMOUNT OF BOND THAT MAY BE SET FOR MISDEMEANOR AND VIOLATION OFFENSES. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (b) of section 54-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 29 | 29 | | |
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| 30 | 30 | | (b) The court, judge or judge trial referee issuing a bench warrant for the arrest of the person or persons complained against shall, in cases punishable by death or life imprisonment, set the conditions of release or indicate that the person or persons named in the warrant shall not be entitled to bail and may, in all other cases, set the conditions of release. The conditions of release, if included in the warrant, shall fix the first of the following conditions which the court, judge or judge trial referee finds necessary to assure such person's appearance in court: (1) Written promise to appear; (2) execution of a bond without surety in no greater amount than necessary; or (3) execution of a bond with surety in no greater amount than necessary. No bond with surety set under this subsection as a condition of release for a misdemeanor, as defined in section 53a-26, a violation, as defined in section 53a-27, or any other offense for which a person may be sentenced to a term of imprisonment of not more than one year, shall be an amount greater than five thousand dollars unless the court, judge or judge trial referee makes specific findings of fact on the record why a greater amount is necessary. |
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| 31 | 31 | | |
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| 32 | 32 | | Sec. 2. Subsection (a) of section 54-63d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 33 | 33 | | |
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| 34 | 34 | | (a) Upon notification by a police officer pursuant to section 54-63c that an arrested person has not posted bail, a bail commissioner shall promptly conduct an interview and investigation as specified in subdivisions (1) and (2) of subsection (a) of section 54-63b and, based upon the criteria established pursuant to subsection (b) of section 54-63b and except as provided in subsection (b) of this section, the bail commissioner shall promptly order release of such person on the first of the following conditions of release found sufficient to provide reasonable assurance of the person's appearance in court: (1) Upon the execution of a written promise to appear without special conditions; (2) upon the execution of a written promise to appear with any of the nonfinancial conditions as specified in subsection (c) of this section; (3) upon the execution of a bond without surety in no greater amount than necessary; or (4) upon the execution of a bond with surety in no greater amount than necessary. If the person is unable to meet the conditions of release ordered by the bail commissioner, the bail commissioner shall so inform the court in a report prepared pursuant to subdivision (4) of subsection (a) of section 54-63b. No bond with surety ordered under this subsection as a condition of release for a misdemeanor, as defined in section 53a-26, a violation, as defined in section 53a-27, or any other offense for which a person may be sentenced to a term of imprisonment of not more than one year, shall be an amount greater than five thousand dollars unless the bail commissioner makes specific findings of fact why a greater amount is necessary. |
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| 35 | 35 | | |
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| 36 | 36 | | Sec. 3. Subsections (a) and (b) of section 54-64a of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 37 | 37 | | |
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| 38 | 38 | | (a) (1) Except as provided in subsection (b) of this section, when any arrested person is presented before the Superior Court, [said] the court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably assure the appearance of the arrested person in court: (A) Upon his execution of a written promise to appear without special conditions, (B) upon his execution of a written promise to appear with nonfinancial conditions, (C) upon his execution of a bond without surety in no greater amount than necessary, (D) upon his execution of a bond with surety in no greater amount than necessary. No bond with surety set under this subsection as a condition of release for a misdemeanor, as defined in section 53a-26, a violation, as defined in section 53a-27, or any other offense for which a person may be sentenced to a term of imprisonment of not more than one year, shall be an amount greater than five thousand dollars unless the court makes specific findings of fact on the record why a greater amount is necessary. In addition to or in conjunction with any of the conditions enumerated in subparagraphs (A) to (D), inclusive, of this subdivision the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person. |
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| 39 | 39 | | |
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| 40 | 40 | | (2) The court may, in determining what conditions of release will reasonably assure the appearance of the arrested person in court, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court after being admitted to bail, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition and (G) such person's community ties. |
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| 41 | 41 | | |
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| 42 | 42 | | (b) (1) When any arrested person charged with the commission of a class A felony, a class B felony, except a violation of section 53a-86 or 53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence crime, as defined in section 46b-38a, is presented before the Superior Court, [said] the court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably assure the appearance of the arrested person in court and that the safety of any other person will not be endangered: (A) Upon such person's execution of a written promise to appear without special conditions, (B) upon such person's execution of a written promise to appear with nonfinancial conditions, (C) upon such person's execution of a bond without surety in no greater amount than necessary, (D) upon such person's execution of a bond with surety in no greater amount than necessary. No bond with surety set under this subsection as a condition of release for a misdemeanor, as defined in section 53a-26, a violation, as defined in section 53a-27, or any other offense for which a person may be sentenced to a term of imprisonment of not more than one year, shall be an amount greater than five thousand dollars unless the court makes specific findings of fact on the record why a greater amount is necessary. In addition to or in conjunction with any of the conditions enumerated in subparagraphs (A) to (D), inclusive, of this subdivision, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person. |
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| 43 | 43 | | |
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| 44 | 44 | | (2) The court may, in determining what conditions of release will reasonably assure the appearance of the arrested person in court and that the safety of any other person will not be endangered, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court after being admitted to bail, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, (H) the number and seriousness of charges pending against the arrested person, (I) the weight of the evidence against the arrested person, (J) the arrested person's history of violence, (K) whether the arrested person has previously been convicted of similar offenses while released on bond, and (L) the likelihood based upon the expressed intention of the arrested person that such person will commit another crime while released. |
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| 45 | 45 | | |
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| 46 | 46 | | (3) When imposing conditions of release under this subsection, the court shall state for the record any factors under subdivision (2) of this subsection that it considered and the findings that it made as to the danger, if any, that the arrested person might pose to the safety of any other person upon the arrested person's release that caused the court to impose the specific conditions of release that it imposed. |
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| 47 | 47 | | |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | This act shall take effect as follows and shall amend the following sections: |
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| 52 | 52 | | Section 1 October 1, 2012 54-2a(b) |
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| 53 | 53 | | Sec. 2 October 1, 2012 54-63d(a) |
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| 54 | 54 | | Sec. 3 October 1, 2012 54-64a(a) and (b) |
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| 55 | 55 | | |
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| 56 | 56 | | This act shall take effect as follows and shall amend the following sections: |
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| 57 | 57 | | |
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| 58 | 58 | | Section 1 |
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| 59 | 59 | | |
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| 60 | 60 | | October 1, 2012 |
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| 61 | 61 | | |
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| 62 | 62 | | 54-2a(b) |
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| 63 | 63 | | |
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| 64 | 64 | | Sec. 2 |
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| 65 | 65 | | |
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| 66 | 66 | | October 1, 2012 |
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| 67 | 67 | | |
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| 68 | 68 | | 54-63d(a) |
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| 69 | 69 | | |
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| 70 | 70 | | Sec. 3 |
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| 71 | 71 | | |
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| 72 | 72 | | October 1, 2012 |
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| 73 | 73 | | |
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| 74 | 74 | | 54-64a(a) and (b) |
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| 75 | 75 | | |
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| 76 | 76 | | Statement of Purpose: |
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| 77 | 77 | | |
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| 78 | 78 | | To establish limitations on the amount of bond with surety that may be set as a condition of release for misdemeanor and violation offenses unless the court, judge, judge trial referee or bail commissioner makes specific factual findings as to why a greater amount of bond is necessary. |
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| 79 | 79 | | |
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| 80 | 80 | | [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.] |
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