Sec. 54-63c. Release by law enforcement officer.
Sec. 54-63c. Release by law enforcement officer. (a) Except in cases of arrest
pursuant to a bench warrant of arrest in which the court or a judge thereof has indicated
that bail should be denied or ordered that the officer or indifferent person making such
arrest shall, without undue delay, bring such person before the clerk or assistant clerk
of the superior court for the geographical area under section 54-2a, when any person is
arrested for a bailable offense, the chief of police, or the chief's authorized designee,
of the police department having custody of the arrested person shall promptly advise
such person of the person's rights under section 54-1b, and of the person's right to be
interviewed concerning the terms and conditions of release. Unless the arrested person
waives or refuses such interview, the police officer shall promptly interview the arrested
person to obtain information relevant to the terms and conditions of the person's release
from custody, and shall seek independent verification of such information where necessary. At the request of the arrested person, the person's counsel may be present during
the interview. No statement made by the arrested person in response to any question
during the interview related to the terms and conditions of release shall be admissible
as evidence against the arrested person in any proceeding arising from the incident for
which the conditions of release were set. After such a waiver, refusal or interview, the
police officer shall promptly order release of the arrested person upon the execution of
a written promise to appear or the posting of such bond as may be set by the police
officer, except that no condition of release set by the court or a judge thereof may be
modified by such officer and no person shall be released upon the execution of a written
promise to appear or the posting of a bond without surety if the person is charged with
the commission of a family violence crime, as defined in section 46b-38a, and in the
commission of such crime the person used or threatened the use of a firearm.
(b) If the person is charged with the commission of a family violence crime, as
defined in section 46b-38a, and the police officer does not intend to impose nonfinancial
conditions of release pursuant to this subsection, the police officer shall, pursuant to the
procedure set forth in subsection (a) of this section, promptly order the release of such
person upon the execution of a written promise to appear or the posting of such bond
as may be set by the police officer. If such person is not so released, the police officer
shall make reasonable efforts to immediately contact a bail commissioner to set the
conditions of such person's release pursuant to section 54-63d. If, after making such
reasonable efforts, the police officer is unable to contact a bail commissioner or contacts
a bail commissioner but such bail commissioner is unavailable to promptly perform
such bail commissioner's duties pursuant to section 54-63d, the police officer shall,
pursuant to the procedure set forth in subsection (a) of this section, order the release of
such person upon the execution of a written promise to appear or the posting of such
bond as may be set by the police officer and may impose nonfinancial conditions of
release which may require that the arrested person do one or more of the following:
(1) Avoid all contact with the alleged victim of the crime, (2) comply with specified
restrictions on the person's travel, association or place of abode that are directly related
to the protection of the alleged victim of the crime, or (3) not use or possess a dangerous
weapon, intoxicant or controlled substance. Any such nonfinancial conditions of release
shall be indicated on a form prescribed by the Judicial Branch and sworn to by the
police officer. Such form shall articulate (A) the efforts that were made to contact a bail
commissioner, (B) the specific factual basis relied upon by the police officer to impose
the nonfinancial conditions of release, and (C) if the arrested person was non-English-speaking, that the services of a translation service or interpreter were used. A copy
of that portion of the form that indicates the nonfinancial conditions of release shall
immediately be provided to the arrested person. A copy of the entire form shall be
provided to counsel for the arrested person at arraignment. Any nonfinancial conditions
of release imposed pursuant to this subsection shall remain in effect until the arrested
person is presented before the Superior Court pursuant to subsection (a) of section 54-1g. On such date, the court shall conduct a hearing pursuant to section 46b-38c at which
the defendant is entitled to be heard with respect to the issuance of a protective order.
(c) When cash bail in excess of ten thousand dollars is received for a detained person
accused of a felony, where the underlying facts and circumstances of the felony involve
the use, attempted use or threatened use of physical force against another person, the
police officer shall prepare a report that contains (1) the name, address and taxpayer
identification number of the accused person, (2) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a
professional bondsman under chapter 533 or a surety bail bond agent under chapter
700f, (3) the amount of cash received, and (4) the date the cash was received. Not later
than fifteen days after receipt of such cash bail, the police officer shall file the report
with the Department of Revenue Services and mail a copy of the report to the state's
attorney for the judicial district in which the alleged offense was committed and to each
person offering the cash bail.
(d) No police officer shall set the terms and conditions of a person's release, set a
bond for a person or release a person from custody under this section unless the police
officer has first checked the National Crime Information Center (NCIC) computerized
index of criminal justice information to determine if such person is listed in such index.
(e) If the arrested person has not posted bail, the police officer shall immediately
notify a bail commissioner.
(f) The chief, acting chief, superintendent of police, the Commissioner of Public
Safety, any captain or lieutenant of any local police department or the Division of State
Police within the Department of Public Safety or any person lawfully exercising the
powers of any such officer may take a written promise to appear or a bond with or
without surety from an arrested person as provided in subsection (a) of this section, or
as fixed by the court or any judge thereof, may administer such oaths as are necessary
in the taking of promises or bonds and shall file any report required under subsection
(c) of this section.
(1967, P.A. 549, S. 3; 1969, P.A. 826, S. 2; P.A. 74-183, S. 142, 291; P.A. 76-336, S. 3; 76-436, S. 542, 681; P.A. 79-216, S. 2; P.A. 80-313, S. 14; P.A. 99-186, S. 8; 99-240, S. 16; P.A. 00-196, S. 41; P.A. 03-173, S. 1; P.A. 07-123, S. 1.)
History: 1969 act transferred duty to notify arrested person of his rights, etc. from bail commissioner to chief of police
or his designee and added provisions re bail commissioner's investigation and decision re release on bail in Subsec. (a);
P.A. 74-183 amended section to reflect transfer of circuit court functions to court of common pleas, effective December
1, 1974; P.A. 76-336 deleted provisions which implied officer's or bail commissioner's right to deny release on bail if he
"finds custody to be necessary to provide reasonable assurance of such person's appearance in court"; P.A. 76-436 reworded
exception in Subsec. (a) to clearly distinguish between bench warrants and arrest warrants in which court or judge has set
conditions of release, replaced references to prosecuting attorneys with references to various categories of state's attorneys
and deleted references to court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July
1, 1978; P.A. 79-216 rephrased exception in Subsec. (a) to replace reference to condition of release with specific orders
of judge or court re denial of bail, etc. and further amended subsection to specify that officer or bail commissioner may
not modify condition of release set by court or judge; P.A. 80-313 deleted detailed provisions re bail procedure formerly
comprising latter part of Subsec. (a) and Subsecs. (b) to (f), restated remaining provisions of Subsec. (a) and added new
Subsec. (b) containing general statement of police officers' powers; P.A. 99-186 amended Subsec. (a) to prohibit the release
of a person on the execution of a written promise to appear or the posting of a bond without surety if such person is charged
with the commission of a family violence crime in which such person used or threatened the use of a firearm and to make
technical changes for purposes of gender neutrality; P.A. 99-240 amended Subsec. (a) to add provisions requiring the
police officer to prepare a report when cash bail in excess of $10,000 is received for a person accused of a felony involving
the use, attempted use or threatened use of physical force against another person, specifying the contents of such report
and requiring such police officer not later than 15 days after receipt of such cash bail to file such report with the Department
of Revenue Services and mail a copy of such report to the state's attorney and each person offering the cash bail and
amended Subsec. (b) to require any of the specified officials authorized to take action under said Subsec. to file any report
required under Subsec. (a); P.A. 00-196 made technical changes in Subsec. (a); P.A. 03-173 amended Subsec. (a) to add
provision prohibiting a police officer setting the terms and conditions of a person's release, setting a bond for a person or
releasing a person from custody unless the officer first checks the National Crime Information Center computerized index
of criminal justice information to determine if such person is listed in such index; P.A. 07-123 amended Subsec. (a) to
provide that no statement made by arrested person in response to any question during the interview related to terms and
conditions of release shall be admissible as evidence against arrested person in any proceeding arising from the incident
for which conditions of release were set, added new Subsec. (b) specifying procedure for release of a person charged
with a family violence crime, authorizing police officer to impose nonfinancial conditions of release for such person and
specifying types of nonfinancial conditions that may be imposed, procedure for their imposition and their duration, designated existing provisions re procedure when cash bail in excess of $10,000 is received as Subsec. (c), designated existing
provision requiring police officer to first check National Crime Information Center computerized index of criminal justice
information as Subsec. (d) and amended same to make a technical change, designated existing provision requiring police
officer to immediately notify a bail commissioner if arrested person has not posted bail as Subsec. (e), and redesignated
existing Subsec. (b) re authority and duties of police personnel as Subsec. (f) and amended same to make a technical change.
See Sec. 54-1g re time for arraignment.
See Sec. 54-64c re notice of required appearance after release on bond or promise to appear.
See Sec. 54-69b re court's authority to modify conditions of release.
See Sec. 54-71a re lack of liability of bail commissioners, police department employees and others in action for damages
on account of a person's release.
Exclusionary effects of Sec. 54-1c do not apply to violations of this statute. 195 C. 505.
Cited. 28 CS 313.