Sec. 54-63b. Pretrial release of arrested persons. Duties of Court Support Services Division. Uniform weighted release criteria.
Sec. 54-63b. Pretrial release of arrested persons. Duties of Court Support Services Division. Uniform weighted release criteria. (a) The duties of the Court Support
Services Division shall include: (1) To promptly interview, prior to arraignment, any
person referred by the police pursuant to section 54-63c or by a judge. Such interview
shall include, but not be limited to, information concerning the accused person, his or
her family, community ties, prior criminal record and physical and mental condition;
(2) to seek independent verification of information obtained during the interview, if
practicable; (3) to determine, as provided in section 54-63d, or to make recommendations on request of any judge, concerning the terms and conditions of the release of
arrested persons from custody pending final disposition of their cases; (4) to prepare a
written report on all persons interviewed and, upon request and pursuant to the procedures established under subsection (f) of section 54-63d, provide copies of the report to
the court, defense counsel and state's attorney. Such report shall contain the information
obtained during the interview and verification process, the person's prior criminal record, where possible, and the determination or recommendation of the commissioner
pursuant to section 54-63d concerning the terms and conditions of the release of the
persons so interviewed; (5) to give prior notice of each required court appearance to
each person released following an interview by a bail commissioner; (6) to supervise
pursuant to the direction of the court those persons released on nonfinancial conditions;
(7) to inform the court and the state's attorney of any failure to comply with terms and
conditions of release, including the arrest of persons released under its supervision; (8)
to monitor, evaluate and provide information concerning terms and conditions of release
and the release criteria established under subdivision (2) of subsection (c) of this section,
to prepare periodic reports on its activities, and to provide such other information as is
needed to assist in the improvement of the pretrial release process; (9) to perform such
other functions as the Chief Court Administrator may, from time to time, assign.
(b) The Court Support Services Division shall establish written uniform weighted
release criteria based upon the premise that the least restrictive condition or conditions
of release necessary to insure the appearance in court of the defendant is the pretrial
release alternative of choice. Such criteria shall be based on, but not be limited to, the
following considerations: (1) The nature and circumstances of the offense insofar as
they are relevant to the risk of nonappearance; (2) the defendant's record of previous
convictions; (3) the defendant's past record of appearance in court after being admitted
to bail; (4) the defendant's family ties; (5) the defendant's employment record; (6) the
defendant's financial resources, character and mental condition; and (7) the defendant's
community ties.
(1967, P.A. 549, S. 2; 1969, P.A. 826, S. 1; P.A. 74-183, S. 141, 291; P.A. 76-436, S. 541, 681; P.A. 78-280, S. 118,
127; P.A. 80-313, S. 58; P.A. 81-437, S. 3, 12; P.A. 99-186, S. 11; P.A. 02-132, S. 39.)
History: 1969 act amended Subsec. (b) to authorize appointment of assistant chief bail commissioners and assistant
bail commissioners and added provision empowering chief judge of circuit court to appoint additional bail commissioners;
P.A. 74-183 revised provisions to reflect transfer of circuit court functions to court of common pleas, adding Subsec. (d)
continuing bail commissioners for the balance of their terms, effective December 31, 1974; P.A. 76-436 amended section
to reflect transfer of all trial jurisdiction to superior court, replacing references to former circuits with references to geographical areas, replacing chief judge of common pleas court with chief court administrator or his designee, etc., effective July
1, 1978; P.A. 78-280 added provision in Subsec. (b) authorizing judges to fill vacancies in bail commissioners' offices;
P.A. 80-313 substituted reference to Sec. 54-63d for reference to Sec. 54-63c in Subsec. (a); P.A. 81-437 replaced previous
provisions concerning the bail commission and chief bail commissioner, expanding duties and placing office of the bail
commission within the judicial department; P.A. 99-186 amended Subsec. (a) to make a technical change in a statutory
reference; P.A. 02-132 amended Subsec. (a) by deleting provision re Office of the Bail Commission within the Judicial
Department, adding provision re duties of the Court Support Services Division and, in Subdiv. (5), replacing "the Bail
Commission" with "a bail commissioner", deleted former Subsecs. (b), (c) and (d) re Chief Bail Commissioner, Assistant
Chief Bail Commissioner and appointment of bail commissioners and other personnel and added new Subsec. (b) re uniform
weighted release criteria.