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 Section 53a-32 of the general statutes is repealed and the 1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