Connecticut 2019 Regular Session

Connecticut House Bill HB07314 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 7314
	5	+	General Assembly Raised Bill No. 7314
8	6		January Session, 2019
	7	+	LCO No. 5539
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	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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14	19		AN ACT CONCERNING A CRIME VICTIM'S PARTICIPATORY RIGHTS
15	20		IN A VIOLATION OF PROBATION OR CONDITION AL DISCHARGE
16	21		HEARING.
17	22		Be it enacted by the Senate and House of Representatives in General
18	23		Assembly convened:
19	24
20		-	Section 1. Section 53a-32 of the general statutes is repealed and the 1
21		-	following is substituted in lieu thereof (Effective October 1, 2019): 2
22		-	(a) At any time during the period of probation or conditional 3
23		-	discharge, the court or any judge thereof may issue a warrant for the 4
24		-	arrest of a defendant for violation of any of the conditions of probation 5
25		-	or conditional discharge, or may issue a notice to appear to answer to a 6
26		-	charge of such violation, which notice shall be personally served upon 7
27		-	the defendant. Any such warrant shall authorize all officers named 8
28		-	therein to return the defendant to the custody of the court or to any 9
29		-	suitable detention facility designated by the court. Whenever a 10
30		-	probation officer has probable cause to believe that a person has 11
31		-	violated a condition of such person's probation, such probation officer 12
32		-	may notify any police officer that such person has, in such officer's 13
33		-	judgment, violated the conditions of such person's probation and such 14
34		-	notice shall be sufficient warrant for the police officer to arrest such 15
35		-	person and return such person to the custody of the court or to any 16
36		-	suitable detention facility designated by the court. Whenever a 17
37		-	probation officer so notifies a police officer, the probation officer shall 18 Substitute Bill No. 7314
	25	+	Section 1. Subsection (c) of section 53a-32 of the general statutes is 1
	26	+	repealed and the following is substituted in lieu thereof (Effective 2
	27	+	October 1, 2019): 3
	28	+	(c) Upon notification by the probation officer of the arrest of the 4
	29	+	defendant or upon an arrest by warrant as [herein] provided in this 5
	30	+	section, the court shall cause the defendant to be brought before it 6
	31	+	without unnecessary delay for a hearing on the violation charges. The 7
	32	+	Court Support Services Division shall establish within its policies and 8
	33	+	procedures a requirement that any victim be notified whenever a 9
	34	+	hearing is to be held pursuant to this section on a charge that the 10
	35	+	defendant has violated the conditions of probation or conditional 11
	36	+	discharge. The court shall permit such victim to appear before the 12
	37	+	court for the purpose of making a statement for the record concerning 13
	38	+	the alleged violation of probation or conditional discharge. In lieu of 14 Raised Bill No. 7314
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44		-	notify the victim of the offense for which such person is on probation, 19
45		-	and any victim advocate assigned to assist the victim, provided the 20
46		-	probation officer has been provided with the name and contact 21
47		-	information for such victim or victim advocate. Any probation officer 22
48		-	may arrest any defendant on probation without a warrant or may 23
49		-	deputize any other officer with power to arrest to do so by giving such 24
50		-	other officer a written statement setting forth that the defendant has, in 25
51		-	the judgment of the probation officer, violated the conditions of the 26
52		-	defendant's probation. Such written statement, delivered with the 27
53		-	defendant by the arresting officer to the official in charge of any 28
54		-	correctional center or other place of detention, shall be sufficient 29
55		-	warrant for the detention of the defendant. After making such an 30
56		-	arrest, such probation officer shall present to the detaining authorities 31
57		-	a similar statement of the circumstances of violation. Provisions 32
58		-	regarding release on bail of persons charged with a crime shall be 33
59		-	applicable to any defendant arrested under the provisions of this 34
60		-	section. Upon such arrest and detention, the probation officer shall 35
61		-	immediately so notify the court or any judge thereof. 36
62		-	(b) When the defendant is presented for arraignment on the charge 37
63		-	of violation of any of the conditions of probation or conditional 38
64		-	discharge, the court shall review any conditions previously imposed 39
65		-	on the defendant and may order, as a condition of the pretrial release 40
66		-	of the defendant, that the defendant comply with any or all of such 41
67		-	conditions in addition to any conditions imposed pursuant to section 42
68		-	54-64a. Unless the court, pursuant to subsection (c) of section 54-64a, 43
69		-	orders that the defendant remain under the supervision of a probation 44
70		-	officer or other designated person or organization, the defendant shall 45
71		-	be supervised by the Court Support Services Division of the Judicial 46
72		-	Branch in accordance with subsection (a) of section 54-63b. 47
73		-	(c) Upon notification by the probation officer of the arrest of the 48
74		-	defendant or upon an arrest by warrant as [herein] provided in this 49
75		-	section, the court shall cause the defendant to be brought before it 50
76		-	without unnecessary delay for a hearing on the violation charges. The 51 Substitute Bill No. 7314
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83		-	Court Support Services Division shall establish within its policies and 52
84		-	procedures a requirement that any victim of the offense for which the 53
85		-	defendant is on probation be notified of such arrest for a violation of 54
86		-	any of the conditions of probation. The Court Support Services 55
87		-	Division shall also provide the victim with notice of the first hearing 56
88		-	date after arraignment on the violation of probation charges, as well as 57
89		-	information on registering for the state-wide automated victim 58
90		-	information and notification system. 59
91		-	(d) The court shall permit such victim to appear before the court for 60
92		-	the purpose of making a statement for the record concerning the 61
93		-	defendant's alleged violation of probation or conditional discharge. In 62
94		-	lieu of such appearance, the victim may submit a written statement to 63
95		-	the court and the court shall make such statement a part of the record. 64
96		-	At such hearing the defendant shall be informed of the manner in 65
97		-	which such defendant is alleged to have violated the conditions of 66
98		-	such defendant's probation or conditional discharge, shall be advised 67
99		-	by the court that such defendant has the right to retain counsel and, if 68
100		-	indigent, shall be entitled to the services of the public defender, and 69
101		-	shall have the right to cross-examine witnesses and to present evidence 70
102		-	in such defendant's own behalf. Prior to making a determination as to 71
103		-	whether the defendant has violated the conditions of probation or 72
104		-	conditional discharge, the court shall consider any statement made or 73
105		-	submitted by such victim. Unless good cause is shown, a charge of 74
106		-	violation of any of the conditions of probation or conditional discharge 75
107		-	shall be disposed of or scheduled for a hearing not later than one 76
108		-	hundred twenty days after the defendant is arraigned on such charge. 77
109		-	[(d)] (e) If such violation is established, the court may: (1) Continue 78
110		-	the sentence of probation or conditional discharge; (2) modify or 79
111		-	enlarge the conditions of probation or conditional discharge; (3) extend 80
112		-	the period of probation or conditional discharge, provided the original 81
113		-	period with any extensions shall not exceed the periods authorized by 82
114		-	section 53a-29; or (4) revoke the sentence of probation or conditional 83
115		-	discharge. If such sentence is revoked, the court shall require the 84 Substitute Bill No. 7314
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122		-	defendant to serve the sentence imposed or impose any lesser 85
123		-	sentence. Any such lesser sentence may include a term of 86
124		-	imprisonment, all or a portion of which may be suspended entirely or 87
125		-	after a period set by the court, followed by a period of probation with 88
126		-	such conditions as the court may establish. No such revocation shall be 89
127		-	ordered, except upon consideration of the whole record and unless 90
128		-	such violation is established by the introduction of reliable and 91
129		-	probative evidence and by a preponderance of the evidence. 92
	44	+	such appearance, the victim may submit a written statement to the 15
	45	+	court and the court shall make such statement a part of the record. At 16
	46	+	such hearing the defendant shall be informed of the manner in which 17
	47	+	such defendant is alleged to have violated the conditions of such 18
	48	+	defendant's probation or conditional discharge, shall be advised by the 19
	49	+	court that such defendant has the right to retain counsel and, if 20
	50	+	indigent, shall be entitled to the services of the public defender, and 21
	51	+	shall have the right to cross-examine witnesses and to present evidence 22
	52	+	in such defendant's own behalf. Prior to making a determination as to 23
	53	+	whether the defendant has violated the conditions of probation or 24
	54	+	conditional discharge, the court shall consider any statement made or 25
	55	+	submitted by such victim. Unless good cause is shown, a charge of 26
	56	+	violation of any of the conditions of probation or conditional discharge 27
	57	+	shall be disposed of or scheduled for a hearing not later than one 28
	58	+	hundred twenty days after the defendant is arraigned on such charge. 29
130	59		This act shall take effect as follows and shall amend the following
131	60		sections:
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133		-	Section 1 October 1, 2019 53a-32
	62	+	Section 1 October 1, 2019 53a-32(c)
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135		-	Statement of Legislative Commissioners:
136		-	In Section 1(c), "requirement that any victim be notified" was changed
137		-	to "requirement that any victim of the offense for which the defendant
138		-	is on probation be notified" for clarity.
139		-
140		-	JUD Joint Favorable Subst.
	64	+	Statement of Purpose:
	65	+	To ensure that a crime victim has participatory rights in any hearing
	66	+	concerning a violation of probation or conditional discharge involving
	67	+	the person who committed the criminal act.
	68	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	69	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	70	+	not underlined.]
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