General Assembly Governor's Bill No. 7044
January Session, 2017 LCO No. 3774
*03774__________*
Referred to Committee on JUDICIARY
Introduced by:
REP. ARESIMOWICZ, 30th Dist. REP. RITTER M., 1st Dist. SEN. LOONEY, 11th Dist. SEN. DUFF, 25th Dist.
General Assembly
Governor's Bill No. 7044
January Session, 2017
LCO No. 3774
*03774__________*
Referred to Committee on JUDICIARY
Introduced by:
REP. ARESIMOWICZ, 30th Dist.
REP. RITTER M., 1st Dist.
SEN. LOONEY, 11th Dist.
SEN. DUFF, 25th Dist.
AN ACT CONCERNING PRETRIAL JUSTICE REFORM.
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 Section 54-53a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) No person who has not made bail may be detained in a community correctional center 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] thirty days, unless at the expiration of the [forty-five days he] thirty-day period 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] thirty-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 pursuant to the issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense classified as a class D or E felony or as a misdemeanor, or an unclassified felony offense with a maximum term of imprisonment of not more than five years, except a person charged with a crime in another state and detained pursuant to chapter 964 or a person detained for violation of [his] such person's 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] not later than fourteen days after the first day of such 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] shall make a redetermination of bail and a finding on the record of the person's ability to pay pursuant to section 54-64a, as amended by this act. On the expiration of each successive [thirty-day] fourteen-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.
Sec. 2. Section 54-64a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) (1) Except as provided in [subsection (b)] subsections (b) and (c) of this section, when any arrested person is presented before the Superior Court, said court shall, in bailable offenses, promptly order the release of such person upon the first of the [following] exclusive conditions of release [found] enumerated in subparagraphs (A) to (D), inclusive, of this subdivision, and subsection (d) of this section, that the court finds sufficient to reasonably ensure the appearance of the arrested person in court. Such exclusive conditions are upon such person's execution of a: (A) [Upon his execution of a written] 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; [,] or (D) [upon his execution of a bond with surety] bond in no greater amount than 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] with: (i) Surety; or (ii) a cash bail amount deposited pursuant to subdivision (4) of this subsection.
(2) The court may, in determining what conditions of release will reasonably ensure 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.
(3) (A) The court shall, in ordering the release of an arrested person pursuant to subparagraph (C) or (D) of subdivision (1) of this subsection, make a finding on the record of such arrested person's ability to pay the amount of bond the court set. The court shall make an investigation of the financial status of such arrested person's ability to pay, as the court deems necessary. The court shall cause the arrested person to complete a written statement under oath or affirmation setting forth such person's liabilities and assets, income and sources of such income, and such other information which the judicial branch shall designate and require on forms furnished for such purpose.
(B) Any person who intentionally falsifies a written statement pursuant to this subdivision shall be guilty of a class A misdemeanor.
(4) (A) The court shall, upon issuing an order of release of an arrested person pursuant to subparagraph (D) of subdivision (1) of this subsection, provide such arrested person the option of release upon execution of a bond with surety or upon deposit with the court of cash bail in an amount equal to ten per cent of the amount of the bond set, which may be deposited on behalf of the arrested person by any person other than a professional bondsman licensed under chapter 533 or a surety bail bond agent licensed under chapter 700f, unless the court determines release upon such deposit is not appropriate based on the court's review of factors under subdivision (2) of this subsection. If a court makes such a determination, the court shall state on the record any such factor the court considered to be the reason for such determination. Under no circumstances shall a court order an arrested person to deposit with the court cash bail in an amount greater than ten per cent.
(B) The court shall place the cash bail deposited pursuant to this subdivision into an interest-bearing account specifically established for the purpose of this subdivision. If the arrested person appears for each court date, the cash bail shall be returned to the person who deposited the cash bail with the court pursuant to this subdivision. If the arrested person fails to appear for any court date, such cash bail shall be forfeited.
(b) (1) When any arrested person charged with the commission of a (A) class A felony, [a] (B) class B felony, except a violation of section 53a-86 or 53a-122, [a] (C) class C felony, except a violation of section 53a-87, 53a-152 or 53a-153, [or a] (D) 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] (E) family violence crime, as defined in section 46b-38a, is presented before the Superior Court, said court shall, in bailable offenses, promptly order the release of such person upon the first of the [following] exclusive conditions of release [found] enumerated in this subsection and subsection (d) of this section, that the court finds sufficient to reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered. [: (A) Upon] Such exclusive conditions are upon such person's execution of a: [written] (i) Written promise to appear without special conditions; [, (B) upon such person's execution of a] (ii) written promise to appear with nonfinancial conditions; [, (C) upon such person's execution of a] (iii) bond without surety in no greater amount than necessary; [, (D) upon such person's execution of a] or (iv) bond with surety in no greater amount than 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.]
(2) The court may, in determining what conditions of release will reasonably ensure 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.
(3) When imposing conditions of release under this subsection, the court shall state [for] on 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.
(c) Except in the case of an arrested person charged with failure to appear pursuant to section 53a-173, or a family violence crime, as defined in section 46b-38a, or if the court makes a finding on the record that the arrested person would pose a risk to the safety of another person upon release, when any arrested person, charged with no crime other than a misdemeanor, is presented before the Superior Court, said court shall promptly order the release of such person upon the first of the exclusive conditions of release enumerated in subdivisions (1) to (3), inclusive, of this subsection, that the court finds sufficient to reasonably ensure the appearance of the arrested person in court. Such exclusive conditions are upon such person's execution of a: (1) Written promise to appear without special conditions; (2) written promise to appear with nonfinancial conditions; or (3) bond without surety in no greater amount than necessary.
[(c)] (d) (1) If the court determines that a nonfinancial condition of release should be imposed pursuant to [subparagraph (B) of subdivision (1) of subsection (a) or (b) of] this section, the court shall order the pretrial release of the person subject to the least restrictive condition or combination of conditions that the court determines will reasonably ensure the appearance of the arrested person in court and, with respect to the release of the person pursuant to subsection (b) of this section, that the safety of any other person will not be endangered, which conditions may include an order that the arrested person do one or more of the following: [(1)] (A) Remain under the supervision of a designated person or organization; [(2)] (B) comply with specified restrictions on such person's travel, association or place of abode; [(3)] (C) not engage in specified activities, including the use or possession of a dangerous weapon, an intoxicant or a controlled substance; [(4)] (D) provide sureties of the peace pursuant to section 54-56f under supervision of a designated bail commissioner or intake, assessment and referral specialist employed by the Judicial Branch; [(5)] (E) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; [(6)] (F) maintain employment or, if unemployed, actively seek employment; [(7)] (G) maintain or commence an educational program; [(8)] (H) be subject to electronic monitoring; or [(9)] (I) satisfy any other condition that is reasonably necessary to ensure the appearance of the person in court and that the safety of any other person will not be endangered. The court shall state on the record its reasons for imposing any such nonfinancial condition.
(2) In addition to or in conjunction with any of the exclusive conditions of release enumerated in subsections (a) to (c), inclusive, of this section and subdivision (1) of this subsection, 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.
[(d)] (e) If the arrested person is not released, the court shall order [him] such person committed to the custody of the Commissioner of Correction until [he] such person is released or discharged in due course of law.
[(e)] (f) The court may require that the person subject to electronic monitoring pursuant to subsection [(c)] (d) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, the court shall waive such costs. Any contract entered into by the Judicial Branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed five dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.
Sec. 3. (Effective from passage) The Court Support Services Division of the Judicial Department shall study the feasibility of and mechanisms for holding cash bail in an interest-bearing account and using such interest and any forfeited cash bail for the delivery of legal services to the poor. Not later than January 1, 2018, the division shall, in accordance with the provisions of section 11-4a of the general statutes, report on such study, including any recommendations for legislation, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and to the Office of Policy and Management.
Sec. 4. (NEW) (Effective October 1, 2017) Not later than January 1, 2018, the Court Support Services Division shall develop a pretrial release eligibility notice containing written explanatory text of the process of release following an arrest set forth in chapter 960 of the general statutes. The division, in conjunction with the Judicial Department, the Department of Correction, the Division of State Police and municipal police departments, shall ensure that such notice is provided to an arrested person at any time such person is presented with conditions for such person's release. The division shall update such notice as deemed necessary by the division.
Sec. 5. Subsection (b) of section 53a-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(b) When the defendant is presented for arraignment on the charge of violation of any of the conditions of probation or conditional discharge, the court shall review any conditions previously imposed on the defendant and may order, as a condition of the pretrial release of the defendant, that the defendant comply with any or all of such conditions in addition to any conditions imposed pursuant to section 54-64a, as amended by this act. Unless the court, pursuant to subsection [(c)] (d) of section 54-64a, as amended by this act, orders that the defendant remain under the supervision of a probation officer or other designated person or organization, the defendant shall be supervised by the Court Support Services Division of the Judicial Branch in accordance with subsection (a) of section 54-63b.
Sec. 6. Section 53a-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) A person is guilty of violation of conditions of release in the first degree when, while charged with the commission of a felony, such person is released pursuant to subsection (b) of section 54-63c, subsection (c) of section 54-63d or subsection [(c)] (d) of section 54-64a, as amended by this act, and intentionally violates one or more of the imposed conditions of release.
(b) Violation of conditions of release in the first degree is a class D felony.
Sec. 7. Section 53a-222a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) A person is guilty of violation of conditions of release in the second degree when, while charged with the commission of a misdemeanor or motor vehicle violation for which a sentence to a term of imprisonment may be imposed, such person is released pursuant to subsection (b) of section 54-63c, subsection (c) of section 54-63d or subsection [(c)] (d) of section 54-64a, as amended by this act, and intentionally violates one or more of the imposed conditions of release.
(b) Violation of conditions of release in the second degree is a class A misdemeanor.
Sec. 8. Section 3-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
The Attorney General shall appoint a deputy, who shall be sworn to the faithful discharge of his duties and shall perform all the duties of the Attorney General in case of his sickness or absence. He shall appoint such other assistants as he deems necessary, subject to the approval of the Governor. The Attorney General may also appoint not more than four associate attorneys general who will serve at the pleasure of the Attorney General and will be exempt from the classified service. The Attorney General shall have general supervision over all legal matters in which the state is an interested party, except those legal matters over which prosecuting officers have direction. He shall appear for the state, the Governor, the Lieutenant Governor, the Secretary, the Treasurer and the Comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, committees, auditors, chemists, directors, harbor masters, and institutions and for the State Librarian in all suits and other civil proceedings, except upon criminal recognizances, [and bail bonds,] in which the state is a party or is interested, or in which the official acts and doings of said officers are called in question, and for all members of the state House of Representatives and the state Senate in all suits and other civil proceedings brought against them involving their official acts and doings in the discharge of their duties as legislators, in any court or other tribunal, as the duties of his office require; and all such suits shall be conducted by him or under his direction. When any measure affecting the State Treasury is pending before any committee of the General Assembly, such committee shall give him reasonable notice of the pendency of such measure, and he shall appear and take such action as he deems to be for the best interests of the state, and he shall represent the public interest in the protection of any gifts, legacies or devises intended for public or charitable purposes. All legal services required by such officers and boards in matters relating to their official duties shall be performed by the Attorney General or under his direction. All writs, summonses or other processes served upon such officers and legislators shall, forthwith, be transmitted by them to the Attorney General. All suits or other proceedings by such officers shall be brought by the Attorney General or under his direction. He shall, when required by either house of the General Assembly or when requested by the president pro tempore of the Senate, the speaker of the House of Representatives, or the majority leader or the minority leader of the Senate or House of Representatives, give his opinion upon questions of law submitted to him by either of said houses or any of said leaders. He shall advise or give his opinion to the head of any executive department or any state board or commission upon any question of law submitted to him. He may procure such assistance as he may require. Whenever a trustee, under the provisions of any charitable trust described in section 45a-514, is required by statute to give a bond for the performance of his duties as trustee, the Attorney General may cause a petition to be lodged with the probate court of the district in which such trust property is situated, or where any of the trustees reside, for the fixing, accepting and approving of a bond to the state, conditioned for the proper discharge of the duties of such trust, which bond shall be filed in the office of such probate court. The Attorney General shall prepare a topical and chronological cross-index of all legal opinions issued by the office of the Attorney General and shall, from time to time, update the same. The Attorney General shall also be responsible for the collection, in the name of the state, and by suit when necessary, of all forfeited bail bonds payable to the state.
Sec. 9. Section 51-279b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
[(a)] The Chief State's Attorney shall establish a racketeering and continuing criminal activities unit within the Division of Criminal Justice. Such unit shall be available for the investigation and prosecution of criminal matters including, but not limited to, the illegal purchase and sale of controlled substances, criminal activity by gangs, fraud, corruption, illegal gambling and the recruitment of persons to carry out such illegal activities.
[(b) The Chief State's Attorney shall establish a bond forfeiture unit within the Division of Criminal Justice. Such unit shall be responsible for the collection, in the name of the state, and by suit when necessary, of all forfeited bonds payable to the state. Such unit may compromise and settle forfeited bonds for less than the amount thereof without regard to the expiration of any stay of forfeiture.
(c) The Chief State's Attorney shall develop uniform standards for the compromise and settlement of forfeited bonds. Such standards shall be applied on a state-wide basis.]
Sec. 10. Section 54-65a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) (1) Whenever an arrested person is released upon the execution of a bond with surety in an amount of five hundred dollars or more and such bond is ordered forfeited because the principal failed to appear in court as conditioned in such bond, the court shall, at the time of ordering the bond forfeited: (A) Issue a rearrest warrant or a capias directing a proper officer to take the defendant into custody, (B) provide written notice to the surety on the bond that the principal has failed to appear in court as conditioned in such bond, except that if the surety on the bond is an insurer, as defined in section 38a-660, as amended by this act, the court shall provide such notice to such insurer and not to the surety bail bond agent, as defined in section 38a-660, as amended by this act, and (C) order a stay of execution upon the forfeiture for [six months] forty-five days. The court may, in its discretion and for good cause shown, extend such stay of execution. A stay of execution shall not prevent the issuance of a rearrest warrant or a capias.
(2) When the principal whose bond has been forfeited is returned to custody pursuant to the rearrest warrant or a capias [within six months] not later than forty-five days after the date such bond was ordered forfeited or, if a stay of execution was extended, within the time period inclusive of such extension of the date such bond was ordered forfeited, the bond shall be automatically terminated and the surety released and the court shall order new conditions of release for the defendant in accordance with section 54-64a, as amended by this act.
(3) When the principal whose bond has been forfeited returns to court voluntarily [within] not later than five business days after the date such bond was ordered forfeited, the court may, in its discretion, and after finding that the defendant's failure to appear was not wilful, vacate the forfeiture order and reinstate the bond.
(4) When the principal whose bond has been forfeited does not return to custody not later than forty-five days after the date such bond was ordered forfeited or, if a stay of execution was extended, within the time period inclusive of such extension of the date such bond was ordered forfeited, the bond shall be paid in full not later than thirty days after the date the payment has become due.
(b) Whenever an arrested person, whose bond has been forfeited, is returned to the jurisdiction of the court [within] not later than one year after the date such bond was ordered forfeited, the surety on such bond shall be entitled to a rebate of [that portion] up to one-half of the forfeited amount as may be fixed by the court or as may be established by a schedule adopted by rule of the judges of the court.
Sec. 11. Subsection (b) of section 54-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(b) (1) Whenever an accused person is released upon the deposit by a person on behalf of the accused person of a sum of money equal to the amount called for by such bond or upon the pledge by a person on behalf of the accused person of real property, the equity of which is equal to the amount called for by such bond, and such bond is ordered forfeited because the accused person failed to appear in court as conditioned in such bond, the court shall, at the time of ordering the bond forfeited: (A) Issue a rearrest warrant or a capias directing a proper officer to take the accused person into custody, (B) provide written notice to the person who offered cash bail or pledged real property on behalf of the accused person that the accused person has failed to appear in court as conditioned in such bond, and (C) order a stay of execution upon the forfeiture for [six months] forty-five days. The court may, in its discretion and for good cause shown, extend such stay of execution. A stay of execution shall not prevent the issuance of a rearrest warrant or a capias.
(2) When the accused person whose bond has been forfeited is returned to custody pursuant to the rearrest warrant or a capias [within six months of] not later than forty-five days after the date such bond was ordered forfeited or, if a stay of execution was extended, within the time period inclusive of such extension of the date such bond was ordered forfeited, the bond shall be automatically terminated and the person who offered cash bail or pledged real property on behalf of the accused person shall be released from such obligation and the court shall order new conditions of release for the accused person in accordance with section 54-64a, as amended by this act.
(3) When the accused person whose bond has been forfeited returns to court voluntarily [within] not later than five business days [of] after the date such bond was ordered forfeited, the court may, in its discretion, and after finding that the accused person's failure to appear was not wilful, vacate the forfeiture order and reinstate the bond.
Sec. 12. Section 29-147a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
The Commissioner of Emergency Services and Public Protection [may suspend] shall revoke any license issued under the provisions of this chapter of any professional bondsman when he finds that such surety has failed to pay a forfeited bond [. Such license shall remain so suspended and shall not be reinstated nor shall any such license be issued to such surety until such person pays such forfeited bond] in full not later than thirty days after the date payment has become due.
Sec. 13. Subsection (b) of section 29-152b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(b) If a bail bond executed by a professional bondsman is forfeited and such forfeiture has remained unpaid for at least [sixty] thirty days after the date payment has become due, no such bondsman shall execute a bail bond in this state until the full amount of the forfeited bail bond is paid to the Office of the [Chief State's] Attorney General in accordance with procedures set forth by said office.
Sec. 14. Subsection (e) of section 38a-660 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(e) Any person desiring to act within this state as a surety bail bond agent shall make a written application to the commissioner for a license in such form and having such supporting documents as the commissioner prescribes. Each application shall be signed by the applicant and shall be accompanied by a nonrefundable filing fee as specified in section 38a-11. The applicant shall also submit with the application a complete set of the applicant's fingerprints, certified by an authorized law enforcement officer, and two recent credential-sized full-face photographs of the applicant. At the time of application, each applicant for a license shall forward a copy of the applicant's complete application and supporting documents to the [Asset Forfeiture Bureau of the] Office of the Chief State's Attorney.
Sec. 15. Subsection (a) of section 38a-660l of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) The commissioner may suspend or revoke the license of a surety bail bond agent, or may impose a fine in lieu of or in addition to such suspension or revocation in accordance with section 38a-774 for any violation of section 38a-660, as amended by this act, and sections 38a-660b to 38a-660k, inclusive, as amended by this act. The commissioner shall revoke the license of a surety bail bond agent for failure to pay a forfeited bond in full not later than thirty days after the date payment has become due.
Sec. 16. Subsection (b) of section 38a-660j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(b) If a bail bond executed by a surety bail bond agent is forfeited and such forfeiture has remained unpaid for at least [sixty] thirty days after the date payment has become due, no such surety bail bond agent or insurer that appointed such agent shall execute a bail bond in this state until the full amount of the forfeited bail bond is paid to the Office of the [Chief State's] Attorney General in accordance with procedures set forth by said office.
Sec. 17. Subsection (a) of section 38a-660k of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) Each insurer and each surety bail bond agent that executes bail bonds in this state shall maintain and transmit the following records, based on such insurer's or such agent's Connecticut bail bond business, to the Insurance Department upon request and, with respect to a surety bail bond agent, shall report the information separately for each insurer represented, except that subdivisions (1), (12) and (13) of this subsection shall apply only to insurers:
(1) Commissions paid;
(2) The number of, and the total dollar amount of, bail bonds executed;
(3) The number of, and the total dollar amount of, bail bonds ordered forfeited;
(4) The number of, and the total dollar amount of, forfeitures discharged, remitted or otherwise recovered prior to payment for any reason;
(5) The number of, and the total dollar amount of, forfeitures discharged, remitted or otherwise recovered prior to payment due to the apprehension of the principal on the bail bond by the surety bail bond agent;
(6) The number of, and the total dollar amount of, forfeited bail bonds that have not been reinstated pursuant to section 54-65a, as amended by this act;
(7) The number of, and the total dollar amount of, forfeitures paid and subsequently recovered by the Office of the [Chief State's] Attorney General by discharge, remission or otherwise;
(8) A list of every outstanding or unpaid forfeiture, estreature and judgment, with the case number and the name of the court in which such forfeiture, estreature or judgment is recorded and the name of each agency or firm that employs the surety bail bond agent;
(9) The number of, and the total dollar amount of, bail bonds for which collateral security or other indemnity was received;
(10) The actual value of collateral security or other indemnity converted, excluding the cost of converting the collateral security or other indemnity;
(11) The cost of converting collateral security or other indemnity;
(12) The underwriting gain or loss;
(13) The net investment gain or loss allocated to the flow of funds associated with Connecticut business; and
(14) Such additional information as the Insurance Department may require to: (A) Evaluate the reasonableness of rates or ensure that such rates are not excessive, inadequate or unfairly discriminatory; (B) evaluate the financial condition or trade practices of surety bail bond agents and insurers executing bail bonds; and (C) evaluate the performance of the surety bail bond agents and insurers executing bail bonds in accordance with appropriate criminal justice system goals and standards.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 54-53a
Sec. 2 October 1, 2017 54-64a
Sec. 3 from passage New section
Sec. 4 October 1, 2017 New section
Sec. 5 October 1, 2017 53a-32(b)
Sec. 6 October 1, 2017 53a-222
Sec. 7 October 1, 2017 53a-222a
Sec. 8 January 1, 2018 3-125
Sec. 9 January 1, 2018 51-279b
Sec. 10 January 1, 2018 54-65a
Sec. 11 January 1, 2018 54-66(b)
Sec. 12 January 1, 2018 29-147a
Sec. 13 January 1, 2018 29-152b(b)
Sec. 14 January 1, 2018 38a-660(e)
Sec. 15 January 1, 2018 38a-660l(a)
Sec. 16 January 1, 2018 38a-660j(b)
Sec. 17 January 1, 2018 38a-660k(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
54-53a
Sec. 2
October 1, 2017
54-64a
Sec. 3
from passage
New section
Sec. 4
October 1, 2017
New section
Sec. 5
October 1, 2017
53a-32(b)
Sec. 6
October 1, 2017
53a-222
Sec. 7
October 1, 2017
53a-222a
Sec. 8
January 1, 2018
3-125
Sec. 9
January 1, 2018
51-279b
Sec. 10
January 1, 2018
54-65a
Sec. 11
January 1, 2018
54-66(b)
Sec. 12
January 1, 2018
29-147a
Sec. 13
January 1, 2018
29-152b(b)
Sec. 14
January 1, 2018
38a-660(e)
Sec. 15
January 1, 2018
38a-660l(a)
Sec. 16
January 1, 2018
38a-660j(b)
Sec. 17
January 1, 2018
38a-660k(a)
Statement of Purpose:
To implement the Governor's budget recommendations.
[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.]