Sec. 54-64d. Release of person taken into custody on a capias.
Sec. 54-64d. Release of person taken into custody on a capias. (a) When any
person is taken into custody on a capias issued by order of the Superior Court, the proper
officer or state police officer taking the person into custody shall, without undue delay,
bring such person before the court that issued the capias.
(b) If a courthouse lockup operated by the Judicial Branch is available at the court
that issued the capias and is operational at the time the proper officer or state police
officer brings the person taken into custody to the court, the proper officer or state police
officer shall transfer the custody of such person to a judicial marshal at the court unless
such person requires medical attention or there is insufficient space for such person at
such lockup.
(1) If the court is in session, the judicial marshal shall present such person before
the court. If the court is not in session but the clerk's office is open, the judicial marshal
shall present such person before the clerk or assistant clerk or a person designated by
the Chief Court Administrator.
(2) If the court is not in session and the clerk's office is closed, and such person
indicates to the judicial marshal that he or she can meet the conditions of release fixed
by the court, the judicial marshal shall, without undue delay, either (A) transport such
person to a community correctional center within the judicial district or, if there is no
community correctional center within the judicial district, to the nearest community
correctional center, for the purpose of entering into the condition of release fixed by the
court, or (B) if more expedient, hold the person in custody until the clerk's office is
open or the next session of the court, for the purpose of entering into the condition of
release fixed by the court. If such person does not indicate to the judicial marshal that
he or she can meet the conditions of release fixed by the court, the judicial marshal shall
hold the person in custody until the clerk's office is open or the next session of the court,
for the purpose of entering into the condition of release fixed by the court.
(c) If a courthouse lockup operated by the Judicial Branch is not available at the
court that issued the capias, or is available but is not operational or has insufficient
space, the proper officer or state police officer taking the person into custody shall,
without undue delay, transport such person to a community correctional center within
the judicial district or, if there is no community correctional center within the judicial
district, to the nearest community correctional center for the purpose of entering into
the condition of release fixed by the court.
(d) The clerk or assistant clerk or a person designated by the Commissioner of
Correction or by the Chief Court Administrator shall order the person taken into custody
on the capias to enter into the condition of release fixed by the court on the condition
that such person shall appear before the next session of the superior court that issued
the capias. Upon the failure of such person to enter into the condition of release fixed
by the court, the person shall be held in the correctional center pursuant to the capias
until the next session of the court.
(P.A. 87-102; P.A. 03-224, S. 15; P.A. 05-152, S. 8.)
History: P.A. 03-224 added provisions re transfer of custody to judicial marshal if courthouse lockup is available and
operational and added provision re designation by Chief Court Administrator, effective July 2, 2003; P.A. 05-152 divided
section into Subsecs. (a), (b) and (d), amended Subsec. (a) by adding provision re person taken into custody by a state
police officer and making a technical change, amended Subsec. (b) by adding provisions re transfer of custody by state
police officer, making technical changes and replacing provisions re duties of proper officer with Subdivs. (1) and (2) re
duties of judicial marshal, added Subsec. (c) re duties of proper officer or state police officer if courthouse lockup is not
available, is not operational or has insufficient space, and made technical changes in Subsec. (d).