General Assembly Raised Bill No. 5507
February Session, 2020 LCO No. 2990
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING CASH BAIL.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 54-64a of the general statutes is repealed and the
2 following is substituted in lieu thereof (Effective from passage):
3 (a) (1) Except as provided in subdivision (2) of this subsection and
4 subsection (b) of this section, when any arrested person is presented
5 before the Superior Court, said court shall, in bailable offenses,
6 promptly order the release of such person upon the first of the following
7 conditions of release found sufficient to reasonably ensure the
8 appearance of the arrested person in court: (A) Upon execution of a
9 written promise to appear without special conditions, (B) upon
10 execution of a written promise to appear with nonfinancial conditions,
11 (C) upon execution of a bond without surety in no greater amount than
12 necessary, (D) upon execution of a bond [with surety] in no greater
13 amount than necessary [, but in no event shall a judge prohibit a bond
14 from being posted by surety] with: (i) A cash bail amount deposited
15 pursuant to subsection (c) of this section; or (ii) surety. In addition to or
16 in conjunction with any of the conditions enumerated in subparagraphs
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17 (A) to (D), inclusive, of this subdivision the court may, when it has
18 reason to believe that the person is drug-dependent and where
19 necessary, reasonable and appropriate, order the person to submit to a
20 urinalysis drug test and to participate in a program of periodic drug
21 testing and treatment. The results of any such drug test shall not be
22 admissible in any criminal proceeding concerning such person.
23 (2) If the arrested person is charged with no offense other than a
24 misdemeanor, the court shall not impose financial conditions of release
25 on the person unless (A) the person is charged with a family violence
26 crime, as defined in section 46b-38a, or (B) the person requests such
27 financial conditions, or (C) the court makes a finding on the record that
28 there is a likely risk that (i) the arrested person will fail to appear in
29 court, as required, or (ii) the arrested person will obstruct or attempt to
30 obstruct justice, or threaten, injure or intimidate or attempt to threaten,
31 injure or intimidate a prospective witness or juror, or (iii) the arrested
32 person will engage in conduct that threatens the safety of himself or
33 herself or another person. In making a finding described in this
34 subsection, the court may consider past criminal history, including any
35 prior record of failing to appear as required in court that resulted in any
36 conviction for a violation of section 53a-172 or any conviction during the
37 previous ten years for a violation of section 53a-173 and any other
38 pending criminal cases of the person charged with a misdemeanor.
39 (3) The court may, in determining what conditions of release will
40 reasonably ensure the appearance of the arrested person in court,
41 consider the following factors: (A) The nature and circumstances of the
42 offense, (B) such person's record of previous convictions, (C) such
43 person's past record of appearance in court, (D) such person's family
44 ties, (E) such person's employment record, (F) such person's financial
45 resources, character and mental condition, and (G) such person's
46 community ties.
47 (b) (1) When any arrested person charged with the commission of a
48 class A felony, a class B felony, except a violation of section 53a-86 or
49 53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or
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50 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive,
51 section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216,
52 or a family violence crime, as defined in section 46b-38a, is presented
53 before the Superior Court, said court shall, in bailable offenses,
54 promptly order the release of such person upon the first of the following
55 conditions of release found sufficient to reasonably ensure the
56 appearance of the arrested person in court and that the safety of any
57 other person will not be endangered: (A) Upon such person's execution
58 of a written promise to appear without special conditions, (B) upon such
59 person's execution of a written promise to appear with nonfinancial
60 conditions, (C) upon such person's execution of a bond without surety
61 in no greater amount than necessary, (D) upon such person's execution
62 of a bond [with surety] in no greater amount than necessary [, but in no
63 event shall a judge prohibit a bond from being posted by surety] with:
64 (i) A cash bail amount deposited pursuant to subsection (c) of this
65 section; or (ii) surety. In addition to or in conjunction with any of the
66 conditions enumerated in subparagraphs (A) to (D), inclusive, of this
67 subdivision, the court may, when it has reason to believe that the person
68 is drug-dependent and where necessary, reasonable and appropriate,
69 order the person to submit to a urinalysis drug test and to participate in
70 a program of periodic drug testing and treatment. The results of any
71 such drug test shall not be admissible in any criminal proceeding
72 concerning such person.
73 (2) The court may, in determining what conditions of release will
74 reasonably ensure the appearance of the arrested person in court and
75 that the safety of any other person will not be endangered, consider the
76 following factors: (A) The nature and circumstances of the offense, (B)
77 such person's record of previous convictions, (C) such person's past
78 record of appearance in court after being admitted to bail, (D) such
79 person's family ties, (E) such person's employment record, (F) such
80 person's financial resources, character and mental condition, (G) such
81 person's community ties, (H) the number and seriousness of charges
82 pending against the arrested person, (I) the weight of the evidence
83 against the arrested person, (J) the arrested person's history of violence,
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84 (K) whether the arrested person has previously been convicted of
85 similar offenses while released on bond, and (L) the likelihood based
86 upon the expressed intention of the arrested person that such person
87 will commit another crime while released.
88 (3) When imposing conditions of release under this subsection, the
89 court shall state for the record any factors under subdivision (2) of this
90 subsection that it considered and the findings that it made as to the
91 danger, if any, that the arrested person might pose to the safety of any
92 other person upon the arrested person's release that caused the court to
93 impose the specific conditions of release that it imposed.
94 (c) (1) The court may, upon issuing an order of release of an arrested
95 person pursuant to subparagraph (D) of subdivision (1) of subsection
96 (a) of this section or subparagraph (D) of subdivision (1) of subsection
97 (b) of this section, offer such arrested person the option of release upon
98 deposit with the court of cash bail in an amount equal to ten per cent of
99 the amount of the bond set, which may be deposited on behalf of the
100 arrested person by any person other than a professional bondsman
101 licensed under chapter 533 or a surety bail bond agent licensed under
102 chapter 700f.
103 (2) Upon the making of such deposit in accordance with subdivision
104 (1) of this subsection, the arrested person shall be admitted to bail in the
105 same manner as an arrested person who has executed a bond for the full
106 amount. If such bond is forfeited, the arrested person shall be liable for
107 the full amount of the bond. Upon discharge of the bond, the ten per
108 cent cash deposit made with the clerk shall be returned to the person
109 depositing the same.
110 (3) The court may grant an arrested person the option of release upon
111 deposit with the court of cash bail in an amount equal to ten per cent of
112 the amount of the bond set based solely on a consideration of each
113 person's case and not as an automatic issuance of an order.
114 [(c)] (d) If the court determines that a nonfinancial condition of
115 release should be imposed pursuant to subparagraph (B) of subdivision
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116 (1) of subsection (a) or (b) of this section, the court shall order the pretrial
117 release of the person subject to the least restrictive condition or
118 combination of conditions that the court determines will reasonably
119 ensure the appearance of the arrested person in court and, with respect
120 to the release of the person pursuant to subsection (b) of this section,
121 that the safety of any other person will not be endangered, which
122 conditions may include an order that the arrested person do one or more
123 of the following: (1) Remain under the supervision of a designated
124 person or organization; (2) comply with specified restrictions on such
125 person's travel, association or place of abode; (3) not engage in specified
126 activities, including the use or possession of a dangerous weapon, an
127 intoxicant or a controlled substance; (4) provide sureties of the peace
128 pursuant to section 54-56f under supervision of a designated bail
129 commissioner or intake, assessment and referral specialist employed by
130 the Judicial Branch; (5) avoid all contact with an alleged victim of the
131 crime and with a potential witness who may testify concerning the
132 offense; (6) maintain employment or, if unemployed, actively seek
133 employment; (7) maintain or commence an educational program; (8) be
134 subject to electronic monitoring; or (9) satisfy any other condition that is
135 reasonably necessary to ensure the appearance of the person in court
136 and that the safety of any other person will not be endangered. The court
137 shall state on the record its reasons for imposing any such nonfinancial
138 condition.
139 [(d)] (e) If the arrested person is not released, the court shall order
140 him committed to the custody of the Commissioner of Correction until
141 he is released or discharged in due course of law.
142 [(e)] (f) The court may require that the person subject to electronic
143 monitoring pursuant to subsection [(c)] (d) of this section pay directly to
144 the electronic monitoring service provider a fee for the cost of such
145 electronic monitoring services. If the court finds that the person subject
146 to electronic monitoring is indigent and unable to pay the costs of
147 electronic monitoring services, the court shall waive such costs. Any
148 contract entered into by the Judicial Branch and the electronic
149 monitoring service provider shall include a provision stating that the
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150 total cost for electronic monitoring services shall not exceed five dollars
151 per day. Such amount shall be indexed annually to reflect the rate of
152 inflation.
153 Sec. 2. Subsection (b) of section 53a-32 of the general statutes is
154 repealed and the following is substituted in lieu thereof (Effective from
155 passage):
156 (b) When the defendant is presented for arraignment on the charge
157 of violation of any of the conditions of probation or conditional
158 discharge, the court shall review any conditions previously imposed on
159 the defendant and may order, as a condition of the pretrial release of the
160 defendant, that the defendant comply with any or all of such conditions
161 in addition to any conditions imposed pursuant to section 54-64a, as
162 amended by this act. Unless the court, pursuant to subsection [(c)] (d) of
163 section 54-64a, as amended by this act, orders that the defendant remain
164 under the supervision of a probation officer or other designated person
165 or organization, the defendant shall be supervised by the Court Support
166 Services Division of the Judicial Branch in accordance with subsection
167 (a) of section 54-63b.
168 Sec. 3. Subsection (a) of section 53a-222 of the general statutes is
169 repealed and the following is substituted in lieu thereof (Effective from
170 passage):
171 (a) A person is guilty of violation of conditions of release in the first
172 degree when, while charged with the commission of a felony, such
173 person is released pursuant to subsection (b) of section 54-63c,
174 subsection (c) of section 54-63d or subsection [(c)] (d) of section 54-64a,
175 as amend by this act, and intentionally violates one or more of the
176 imposed conditions of release.
177 Sec. 4. Subsection (a) of section 53a-222a of the general statutes is
178 repealed and the following is substituted in lieu thereof (Effective from
179 passage):
180 (a) A person is guilty of violation of conditions of release in the
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181 second degree when, while charged with the commission of a
182 misdemeanor or motor vehicle violation for which a sentence to a term
183 of imprisonment may be imposed, such person is released pursuant to
184 subsection (b) of section 54-63c, subsection (c) of section 54-63d or
185 subsection [(c)] (d) of section 54-64a, as amended by this act, and
186 intentionally violates one or more of the imposed conditions of release.
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 54-64a
Sec. 2 from passage 53a-32(b)
Sec. 3 from passage 53a-222(a)
Sec. 4 from passage 53a-222a(a)
Statement of Purpose:
To provide that a cash bail with a deposit in an amount that is ten per
cent of the amount of the bond shall be offered only after an order of the
court and shall not be authorized automatically.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
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Statutes affected: Raised Bill: 54-64a