Researcher: MGS Page 1 4/12/23
OLR Bill Analysis
HJ 261
RESOLUTION PROPOSING AN AMENDMENT TO THE STATE
CONSTITUTION TO REVISE REQUIREMENTS RELATING TO THE
OFFERING OF BAIL OR PRETRIAL RELEASE TO PERSONS
ACCUSED OF A CRIME.
SUMMARY
The Connecticut Constitution currently prohibits accused criminal
defendants from being denied bail except for capital offenses in limited
circumstances. (The exception is now obsolete.) This resolution, if
passed, would amend the constitution to allow the court to hold
arrested people in pretrial detention without bail when it finds that no
pretrial release conditions (1) reasonably assure that the accused will
appear in court when required, (2) protect the safety of others or the
community, or (3) prevent the accused from obstructing or attempting
to obstruct the criminal justice process.
The amendment also expressly authorizes the legislature to pass laws
governing the procedures, terms, and conditions for granting or
denying pretrial release. (The General Assembly has set procedures in
existing law for courts to follow when granting bail, including
authorizing the court to consider the safety of others when a person is
charged with certain crimes. These statutes list criteria for the court to
consider and list bail options, but they do not limit the court’s ability to
decide what bail is appropriate (see BACKGROUND).)
The resolution also makes technical changes to the article being
amended and removes obsolete references to capital offenses and the
death penalty.
As under the federal constitution, the state constitution, unchanged
by the amendment, prohibits excessive bail. 2023HJ-00261-R000549-BA.DOCX
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The ballot designation to be used when the amendment is presented
at the general election is: “Shall the Constitution of the State be amended
to permit criminal defendants to be held in pretrial detention without
release under circumstances where no conditions of pretrial release
would (1) reasonably assure the appearance of the defendant in court
when required, (2) protect the safety of any other person or the
community, or (3) prevent the defendant from obstructing or attempting
to obstruct the criminal justice process; and to delete obsolete language
referencing capital offenses and crimes punishable by death?”
EFFECTIVE DATE: If the resolution passes by at least three-fourths
of the membership of each house of the General Assembly, it will be
placed on the 2024 general election ballot. If it passes by a majority of
the membership of each house but less than three-fourths, it will be
referred to the 2025 session of the legislature. If it passes in that session
by a majority of each house, it will appear on the 2026 general election
ballot. If a majority of those voting on the amendment in the general
election approves it, the amendment will become part of the state
constitution.
BACKGROUND
Release by Judicial Authority
When an arrested person is presented to the court in bailable offenses,
the statutes require the court to promptly order the person’s release on
the first of the following conditions sufficient to reasonably assure the
person’s appearance in court: (1) written promise to appear without
special conditions, (2) written promise to appear with non-financial
conditions, (3) bond without surety in no greater amount than
necessary, or (4) bond with surety in no greater amount than necessary.
(Court cannot require cash-only bail.)
The court may also order drug testing and treatment when it deems
it necessary, reasonable, and appropriate.
Criteria. In determining the conditions of release to reasonably
assure the person’s appearance in court, the court may consider the
following factors: 2023HJ-00261-R000549-BA.DOCX
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1. the nature and circumstances of the offense;
2. the person’s previous convictions;
3. the person’s past record of court appearances;
4. the person’s family ties, employment record, financial resources,
character, mental condition, and community ties; and
5. if the person was charged with 2nd degree violating conditions
of release for a family violence crime, the heightened risk posed
to victims if the person violates conditions of release.
Heightened Criteria for Serious Offenses. Additional criteria
apply to assure that another person’s safety will not be endangered
when the person is charged with any of the following crimes:
1. class A felony;
2. class B felony, except for 1st degree promoting prostitution and
1st degree larceny;
3. class C felony, except for 2nd
degree promoting prostitution,
bribing a juror, or bribe receiving by a juror;
4. class D felony for 2nd
degree assault (with or without a firearm);
2nd
degree assault of an elderly, blind, disabled, or pregnant
person or person with intellectual disability (with or without a
firearm); 3rd
degree sexual assault; 1st degree unlawful restraint;
3rd
degree burglary (with or without a firearm); reckless burning;
3rd
degree robbery; or criminal use of a firearm or electronic
defense weapon; or
5. family violence crime.
The court may consider the following criteria:
1. the nature and circumstances of the offense;
2. the person’s record of previous convictions; 2023HJ-00261-R000549-BA.DOCX
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3. the person’s past record of appearance in court after being
admitted to bail;
4. the person’s family ties;
5. the person’s employment record;
6. the person’s financial resources, character, and mental condition;
7. the person’s community ties;
8. the number and seriousness of any pending charges;
9. the weight of the evidence;
10. the person’s history of violence;
11. the person’s previous convictions of similar offenses while
released on bond;
12. the likelihood, based on the person’s expressed intentions, that
the person will commit another crime while released; and
13. the heightened risk posed to family violence victims by violations
of conditions of release and court-issued protective orders.
The court must state on the record whether any of the above factors
influenced the conditions of release that it chose to impose and any
findings as to whether the person would pose a danger upon release.
Misdemeanors. If the arrested person is only charged with a
misdemeanor, state law prohibits the court from imposing financial
conditions of release unless the following circumstances exist:
1. the person is charged with a family violence crime;
2. the person requests financial conditions; or
3. the court finds there is a likely risk that the person will (a) fail to
appear in court; (b) obstruct or attempt to obstruct justice; (c)
threaten, injure, or intimidate a prospective witness or juror, or 2023HJ-00261-R000549-BA.DOCX
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attempt to do so; or (d) engage in conduct that threatens the
person’s own safety or another person’s safety.
When deciding whether to impose financial conditions of release, the
court may consider the person’s past criminal history, including (1)
prior record of failure to appear in court, resulting in any conviction for
failure to appear in the 1st degree, or during the previous 10 years, in
the 2nd degree and (2) any other pending criminal cases against the
person.
Non-Financial Conditions. If the court decides to impose non-
financial conditions of release, it must order the least restrictive
conditions that reasonably assure the person’s appearance in court and,
if the person is arrested for one of the serious crimes listed above, that
the safety of another person will not be endangered. Conditions may
include the following:
1. supervision by a designated person or organization;
2. specific restrictions on travel, association, or residence;
3. not engaging in specific activities, including using or possessing
dangerous weapons, intoxicants, or controlled substances;
4. providing sureties of the peace under supervision of
a bail commissioner or a judicial branch intake, assessment, and
referral specialist;
5. avoiding contact with an alleged victim and potential witnesses
who may testify;
6. maintaining or seeking employment;
7. maintaining or beginning an educational program;
8. electronic monitoring; and
9. other conditions reasonably necessary to assure the person’s
appearance in court and that the safety of another person will not
be endangered. 2023HJ-00261-R000549-BA.DOCX
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The court must state its reasons for imposing any nonfinancial
conditions on the record (CGS § 54-64a).
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 25 Nay 12 (03/27/2023)