§ 54-53a — Detention of persons who have not made bail.

Connecticut § 54-53a

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 960: Information, Procedure and Bail

Text

(a) No person who has not made bail may be detained in a 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-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 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, 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 thirty days after the date of 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, pursuant to the provisions of subdivision (2) of subsection (a) of section 54-64a . (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 pursuant to the provisions of subdivision (2) of subsection (a) of section 54-64a that, without such conditions, there is a likely risk that (A) the person will fail to appear in court, as required, (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. (d) Notwithstanding the provisions 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. See Sec. 51-180 re criminal terms and sessions of court. See Sec. 51-180a re special session held when accused is confined for want of bail.

Legislative History

(1971, P.A. 513; P.A. 74-186, S. 1, 12; P.A. 80-313, S. 25; P.A. 82-244; P.A. 89-166; P.A. 13-258, S. 8; P.A. 17-145, S. 2.) History: P.A. 74-186 made minor changes in wording and specified that presentment is to occur at the expiration of each successive 45-day period; P.A. 80-313 made minor changes in wording, substituting “the” for “such” etc; P.A. 82-244 added Subsec. (b) requiring a bail review hearing every 30 days for persons charged with a class D felony or a misdemeanor; P.A. 89-166 added Subsec. (c) providing that any person who has not made bail may be heard by the court upon a motion for modification of the bail at any time; P.A. 13-258 amended Subsec. (b) to add reference to a class E felony; P.A. 17-145 replaced “community correctional center” with “correctional facility”, amended Subsec. (b) to delete “or as a misdemeanor” and add provision re person who waives presentment, added new Subsec. (c) re person who has not made bail, is detained and is charged with no offense other than a misdemeanor and person who is detained for a misdemeanor, redesignated existing Subsec. (c) as Subsec. (d), and made technical and conforming changes, effective July 1, 2017. Cited. 169 C. 438. Section, which requires review of bail every 45 days for persons held in custody while mandating procedure for implementing right to be released on bail, provides no sanction for a violation of that procedure; denial of any right created by section is not a violation of fundamental constitutional right. 171 C. 395. Cited. 29 CS 434. Provides no sanction in event of a violation; defendant not entitled to dismissal of information without showing of prejudice. 43 CS 211.