General Assembly Raised Bill No. 7287
January Session, 2017 LCO No. 5302
*05302_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 7287
January Session, 2017
LCO No. 5302
*05302_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION CONCERNING PRETRIAL RELEASE AND DETENTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 54-64a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) (1) Except as provided in subdivision (2) of this subsection and subsection (b) 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 conditions of release found sufficient to reasonably ensure 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. 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) If the arrested person is charged with no offense other than a misdemeanor, the court shall not impose financial conditions of release on the person unless the person requests such financial conditions or the court makes a finding on the record that (A) if the misdemeanor is not a family violence crime, as defined in section 46b-38a, without such financial conditions there is a serious risk that the arrested person will fail to appear as required in court, or (B) if the misdemeanor is a family violence crime, as defined in section 46b-38a, without such financial conditions there is a serious risk that (i) the arrested person will fail to appear as required in court, (ii) the arrested person will obstruct or attempt to obstruct justice, or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, or (iii) the arrested person will engage in conduct that threatens the safety of another person.
[(2)] (3) 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.
Sec. 2. Section 54-53a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(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] forty-five-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 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 or E 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] not later than thirty days [of] after the date of [his] the person's detention, unless such presentment is waived by the person. 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) (1) Notwithstanding the provisions of subsection (a) or (b) of this section, any person who has not made bail and is detained in a correctional facility for no offense other than 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 parole pending a parole revocation hearing, shall be presented to the court having cognizance of the offense not later than fourteen days after the date of the person's arraignment, unless such presentment is waived by the person.
(2) If such person is detained for a misdemeanor that is not a family violence crime, as defined in section 46b-38a, on such presentment the court shall remove the financial conditions on the release of the person unless the court makes a finding on the record that, without such conditions, there is a serious risk that the person will fail to appear as required in court.
(3) If such person is detained for a misdemeanor that is a family violence crime, as defined in section 46b-38a, on such presentment the court shall remove the financial conditions on the release of the person unless the court makes a finding on the record that, without such conditions, there is a serious risk that (A) the person will fail to appear as required in court, (B) the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective juror or witness, or (C) the person will engage in conduct that threatens the safety of another person.
(4) If the court does not remove such financial conditions, it may reduce or modify the bail or may for cause shown remand the person to the custody of the Commissioner of Correction.
[(c)] (d) Notwithstanding the provisions of subsections (a), [and] (b) and (c) 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. 3. Section 54-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a)(1) In any criminal case in which a bond is allowable or required and the amount of such bond has been determined, the accused person, or any person on the accused person's behalf, (A) may deposit, with the clerk of the court having jurisdiction of the offense with which the accused person stands charged or any assistant clerk of such court who is bonded in the same manner as the clerk or any person or officer authorized to accept bail, a sum of money equal to the amount called for by such bond, or (B) may pledge real property, the equity of which is equal to the amount called for by such bond, provided the person pledging such property is the owner of such real property, and such accused person shall thereupon be admitted to bail.
(2) When cash bail is offered, such bond shall be executed and the money shall be received in lieu of a surety or sureties upon such bond. Such cash bail shall be retained by the clerk of such court until a final order of the court disposing of the same is passed, except that if such bond is forfeited, the clerk of such court shall pay the money to the payee named therein, according to the terms and conditions of the bond. When cash bail in excess of ten thousand dollars is received for a person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the clerk of such court shall prepare a report that contains (A) the name, address and taxpayer identification number of the accused person, (B) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, (C) the amount of cash received, and (D) the date the cash was received. Not later than fifteen days after receipt of such cash bail, the clerk of such court shall file the report with the Department of Revenue Services and mail a copy of the report to the state's attorney for the judicial district in which the court is located and to each person offering the cash bail.
(3) When real property is pledged, the pledge shall constitute a lien on the real property upon the filing of a notice of lien in the office of the town clerk of the town in which the real property is located. The lien shall be in an amount equal to the bond set by the court. The notice of lien shall be on a form prescribed by the Office of the Chief Court Administrator. Upon order of forfeiture of the underlying bond, the state's attorney for the judicial district in which the forfeiture is ordered shall refer the matter to the Attorney General and the Attorney General may, on behalf of the state, foreclose such lien in the same manner as a mortgage. The lien created by this subsection shall expire six years after the forfeiture is ordered unless the Attorney General commences an action to foreclose it within that period of time and records a notice of lis pendens in evidence thereof on the land records of the town in which the real property is located. If the bond has not been ordered forfeited, the clerk of the court shall authorize the recording of a release of such lien upon final disposition of the criminal matter or upon order of the court. The release shall be on a form prescribed by the Office of the Chief Court Administrator.
(b) (1) In any criminal case in which a bond is allowable or required and the amount of such bond has been set at ten thousand dollars or less, the accused person, or any person on the accused person's behalf, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, may deposit a sum of money equal to ten per cent of the amount called for by such bond.
(2) In any criminal case in which a bond is allowable or required and the amount of such bond has been set at more than ten thousand dollars, the accused person, or any person on the accused person's behalf, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, may, with the approval of the court, deposit a sum of money equal to ten per cent of the amount called for by such bond.
(3) The sum of money equal to ten per cent of the amount of such bond shall be deposited with the clerk of the court having jurisdiction of the offense with which the accused person stands charged or any assistant clerk of such court who is bonded in the same manner as the clerk or any person or officer authorized to accept bail.
(4) If such bond is forfeited, the accused person shall be liable for the full amount of the bond. Upon discharge of the bond, the ten per cent cash deposit shall be returned to the person depositing the same.
[(b)] (c) (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, or upon the deposit by a person on behalf of the accused person of ten per cent of 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 or deposited ten per cent of the amount of the bond 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. 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] not later than six months [of] 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 or deposited ten per cent of the amount of the bond 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.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2017 54-64a(a)
Sec. 2 July 1, 2017 54-53a
Sec. 3 July 1, 2017 54-66
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2017
54-64a(a)
Sec. 2
July 1, 2017
54-53a
Sec. 3
July 1, 2017
54-66
Statement of Purpose:
To implement the recommendations of the Connecticut Sentencing Commission concerning pretrial release and detention.
[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.]