§ 54-64f — Violation of conditions of release. Imposition of different or additional conditions. Revocation of release.

Connecticut § 54-64f

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

Text

(a) Upon application by the prosecuting authority alleging that a defendant has violated the conditions of the defendant's release, the court may, if probable cause is found, order that the defendant appear in court for an evidentiary hearing upon such allegations. An order to appear shall be served upon the defendant by any law enforcement officer delivering a copy to the defendant personally, or by leaving it at the defendant's usual place of abode with a person of suitable age and discretion then residing therein, or mailing it by registered or certified mail to the last-known address of the defendant. (b) Except as provided in subsection (d) of this section, if the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the defendant has violated reasonable conditions imposed on the defendant's release it may impose different or additional conditions upon the defendant's release. If the defendant is on release with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the defendant has violated reasonable conditions of the defendant's release and that the safety of any other person is endangered while the defendant is on release, it may revoke such release. The revocation of a defendant's release pursuant to this subsection shall cause any bond posted in the criminal proceeding to be automatically terminated and the surety to be released. (c) Except as provided in subsection (d) of this section, if the defendant is a serious firearm offender or is on release with respect to a serious firearm offense as defined in section 53a-3 or the defendant is on release with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the safety of any other person is endangered while the defendant is on release and that there is probable cause to believe that the defendant has committed a federal, state or local crime while on release, there shall be a rebuttable presumption that the defendant's release should be revoked. (d) If the defendant is a serious firearm offender as defined in section 53a-3 , and is on release with respect to any offense and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by the preponderance of the evidence that there is probable cause to believe that the defendant has committed a serious firearm offense, as defined in section 53a-3 , while on release, or if the defendant is on release with respect to any offense referenced in subsection (c) of section 54-64a and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by the preponderance of evidence that there is probable cause to believe that the defendant has committed a serious firearm offense, the defendant's release shall be revoked. (e) The revocation of a defendant's release pursuant to this section shall cause any bond posted in the criminal proceeding to be automatically terminated and the surety to be released. (f) If the defendant commits a serious firearm offense while on pretrial release and is subsequently convicted of any offense for which the defendant was on pretrial release and a serious firearm offense committed while on pretrial release, any bond posted in the criminal proceeding for the offense for which the defendant was on pretrial release shall be forfeited. See Secs. 53a-222, 53a-222a re criminal penalties for violation of certain conditions of release.

Legislative History

(P.A. 90-213, S. 53; P.A. 99-240, S. 11; P.A. 23-53, S. 39.) History: P.A. 99-240 made hearsay or secondary evidence admissible at an evidentiary hearing and made technical changes for purposes of gender neutrality; P.A. 23-53 added exception for Subsec. (d) in Subsecs. (b) and (c), added provision re automatic termination of bond and release of surety in Subsec. (b), added new Subsec. (d) re serious firearm offender or finding that there is probable cause to believe that defendant has committed serious firearm offense, redesignated existing Subsec. (d) as Subsec. (e), and added Subsec. (f) re defendant who commits serious firearm offense while on pretrial release and is subsequently convicted of any offense for which defendant was on release and serious firearm offense committed while on release. Cited. 220 C. 922; 224 C. 29. Subsec. (c): As applied to defendant, statute did not violate right of bail provision of Art. I, Sec. 8 of the Connecticut Constitution, as amended by Art. XVII of the amendments. 222 C. 331.