Sec. 54-53a. Detention of persons who have not made bail.
Sec. 54-53a. Detention of persons who have not made bail. (a) No person who
has not made bail may be detained in a community correctional center 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 days he 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 community correctional center pursuant to the
issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense
classified as a class D felony or as 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 his parole pending a parole revocation hearing, shall be presented to the court having
cognizance of the offense within thirty days of the date of his detention. 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) Notwithstanding the provisions of subsections (a) and (b) 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.
(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.)
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.
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.
Cited. 169 C. 438. Section which requires review of bail every forty-five 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 this 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.