Conn. Gen. Stat. § 54-47g — Connecticut Code / Title 54 / Chapter 960 / Section 54-47g
Sec. 54-47g. Finding and record of investigation. Disclosure. Hearing. Access to testimony.
Status: in_force

(b) The finding of the investigation shall be open to public inspection and copying at the court where it has been filed seven calendar days after it has been filed, unless within that period the Chief State's Attorney or a state's attorney with whom the finding was filed files a motion with the investigatory grand jury requesting that a part or all of such finding not be so disclosed. The finding may include all or such part of the record as the investigatory grand jury may determine, except that no part of the record shall be disclosed which contains allegations of the commission of a crime by an individual if the investigatory grand jury failed to find probable cause that such individual committed such crime unless such individual requests the release of such part of the record. In such event as much of the finding as has not been sought to be withheld from disclosure shall be disclosed promptly upon the expiration of said seven-calendar-day period.

(c) Within fifteen calendar days of the filing of such motion, the investigatory grand jury shall conduct a hearing. The investigatory grand jury shall give written notice of such hearing to the person filing such motion and any other person the investigatory grand jury deems to be an interested party to the proceedings, which may include, but not be limited to, persons who testified or were the subject of testimony before the investigatory grand jury. Within five calendar days of the conclusion of the hearing, the investigatory grand jury shall render its decision, and shall send copies thereof to all those to whom it gave notice of the hearing. It shall deny any such motion unless it makes specific findings of fact on the record that there is a substantial probability that one of the following interests will be prejudiced by publicity that nondisclosure would prevent, and that reasonable alternatives to nondisclosure cannot adequately protect that interest: (1) The right of a person to a fair trial; (2) the prevention of potential defendants from fleeing; (3) the prevention of subornation of perjury or tampering with witnesses; or (4) the protection of the lives and reputations of innocent persons which would be significantly damaged by the release of uncorroborated information. Any order of nondisclosure shall be drawn to protect the interest so found.

(d) Any person aggrieved by an order of the investigatory grand jury shall have the right to appeal such order by filing a petition for review with the Appellate Court within seventy-two hours from issuance of such order.

(e) The Appellate Court shall provide an expedited hearing on such petition in accordance with such rules as the judges of the Appellate Court may adopt, consistent with the rights of the petitioner and the parties.

(f) Notwithstanding the existence of an order of nondisclosure under this section, any witness may apply in writing to the presiding judge of the criminal session of the court of the judicial district wherein the record of the investigation has been filed, or his designee, for access to and a copy of the record of his own testimony. Any witness shall be allowed access, at all reasonable times, to the record of his own testimony and be allowed to obtain a copy of such record unless said judge or his designee finds after a hearing and for good cause shown that it is not in the best interest of justice to allow the witness to have access to and a copy of the record of his testimony.

(g) Notwithstanding the existence of an order of nondisclosure under this section, the presiding judge of the criminal session of the court of the judicial district wherein the record of the investigation has been filed, or his designee, shall grant any written request of a person accused of a crime as a result of the investigation to have access, at all reasonable times, to the record of his own testimony and to obtain a copy of such record.

Cited. 202 C. 541; 204 C. 259; 207 C. 98; 213 C. 66; 219 C. 905; 221 C. 625. State's right of access to testimony of grand jury witness includes right to use that testimony in its case-in-chief in subsequent criminal prosecution of that witness; to the extent that trial court's ruling is predicated on grand juror's order of secrecy, it lacks support in record because defendant never established that he relied to his detriment on grand juror's order of secrecy. 250 C. 188. Order and application are not part of the record of the grand jury investigation and must be sealed pursuant to Sec. 54-47e since the legislature did not vest the grand jury or panel with discretion to make public disclosure of order and application. 293 C. 247.

Cited. 16 CA 679; 17 CA 395; 19 CA 230.

Cited. 45 CS 1.

Subsec. (a):

Cited. 222 C. 331; 229 C. 178.

Initial determination of “public interest” left to grand jury panel. 20 CA 447. Cited. 43 CA 851.

Because prosecution has right of access under statute to record of testimony from investigatory grand jury proceedings, it could provide to defendants, without request for hearing, those categories of materials normally subject to disclosure in criminal cases, as such disclosure is very much part of prosecutorial function, although disclosure must be only for purpose of pending criminal case and any discovery ordered by trial court pursuant to defense request should be accompanied by protective order. 50 CS 23.

Subsec. (c):

Legislature intended for grand jury to have discretion as to whether to grant a motion to seal its report if there was a substantial probability that information in the report would prejudice a person's right to a fair trial to a degree that is more than de minimis and that the prejudice could be prevented by nondisclosure; “reasonable alternatives” portion requires grand jury to consider alternatives to nondisclosure when the alternatives would protect the enumerated interests in the first instance, but does not require grand jury to injure an enumerated interest through disclosure and then craft remedies to cure that injury; “innocent persons” does not include persons who have been arrested as the result of grand jury's finding of probable cause. 293 C. 464.
Conn. Gen. Stat. § 54-181 — Connecticut Code / Title 54 / Chapter 964 / Section 54-181
Sec. 54-181. Waiver by accused.
Status: in_force

Cited. 186 C. 404; 190 C. 631; 196 C. 309.
Conn. Gen. Stat. § 54-108e — Connecticut Code / Title 54 / Chapter 961 / Section 54-108e
Sec. 54-108e. Duties of probation officers. Availability of information contained in alternative sentencing plan or community release plan.
Status: in_force

(b) Probation officers shall complete alternative sentencing plans, in accordance with guidelines developed by the Court Support Services Division, for persons who have entered into a stated plea agreement that includes a term of imprisonment of two years or less, whenever ordered to do so by the court.

(c) Probation officers may evaluate persons sentenced to a term of imprisonment of two years or less who have been confined under such sentence for at least ninety days and have complied with institutional rules and necessary treatment programs of the Department of Correction, and may develop a community release plan for such persons in accordance with guidelines developed by the Court Support Services Division. If a probation officer develops a community release plan, the probation officer shall apply for a sentence modification hearing under section 53a-39 .

(d) Information contained in an alternative sentencing plan or a community release plan shall be available only to: (1) Employees of the Judicial Branch who in the performance of their duties require access to the information contained in such plan; (2) employees and authorized agents of state or federal agencies involved in the design and delivery of treatment services to the person who is the subject of such plan; (3) employees of state or community-based agencies providing services directly to the person who is the subject of such plan; (4) an attorney representing the person who is the subject of such plan in any proceeding in which such plan is relevant; (5) employees of the Division of Criminal Justice who are assigned to the court location where the court ordered completion of an alternative sentencing plan pursuant to subsection (b) of this section, or where a sentence modification hearing will be heard pursuant to subsection (c) of this section; and (6) employees of the Department of Correction.
Conn. Gen. Stat. § 54-175 — Connecticut Code / Title 54 / Chapter 964 / Section 54-175
Sec. 54-175. Surrender of person against whom criminal prosecution pending in this state.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-47i — Connecticut Code / Title 54 / Chapter 960 / Section 54-47i
Sec. 54-47i. Authority of investigation ordered prior to October 1, 1985.
Status: in_force

(b) The appointment of any judge or referee after October 1, 1985, to replace a judge or referee ordered to conduct an inquiry to determine whether or not probable cause to believe that a crime or crimes have been committed, where such inquiry was ordered prior to October 1, 1985, in accordance with section 54-47 of the general statutes, revised to January 1, 1985, shall not be deemed to create a new inquiry and the authority of such judge so appointed shall continue as provided in subsection (a) of this section.

P.A. 85-611 as clarified by P.A. 86-317 did not revoke the authority of or alter the procedures governing investigatory grand juries that had been properly authorized before October 1, 1985. 202 C. 189. Section validates any action taken or evidence obtained on or after October 1, 1985, pursuant to authority contained in former Sec. 54-47; considered to be clarifying. Id., 541. Cited. 207 C. 98; 213 C. 66.

Cited. 45 CS 1.
Conn. Gen. Stat. § 54-171 — Connecticut Code / Title 54 / Chapter 964 / Section 54-171
Sec. 54-171. Commitment pending Governor's warrant.
Status: in_force

Cited. 180 C. 153; 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-72 — Connecticut Code / Title 54 / Chapter 960 / Section 54-72
Sec. 54-72. Fines and forfeitures; prosecutions; liability of corporation.
Status: in_force

See Sec. 51-56a re accounting for receipts by court clerks or executors.

Defendants in qui tam actions, if acquitted, entitled to costs. 2 R. 137. When may be brought in name of informer and town treasurer; form of judgment in such case. 5 C. 291. When state may prosecute for whole penalty. 7 C. 185. Court has no control over disposition of fines; statute controls. 18 C. 442. Cited. 222 C. 331.
Conn. Gen. Stat. § 54-183 — Connecticut Code / Title 54 / Chapter 964 / Section 54-183
Sec. 54-183. Trial for crimes other than those specified in extradition requisition.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-142u — Connecticut Code / Title 54 / Chapter 961a / Section 54-142u
Sec. 54-142u. Automatic erasure of record of person for certain cannabis possession convictions.
Status: in_force

(b) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting attorney with respect to any record referencing more than one count unless and until all counts are entitled to erasure in accordance with the provisions of this section, except that electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.

(c) Nothing in this section shall limit any other procedure for erasure of criminal history record information, as defined in section 54-142g , or prohibit a person from participating in any such procedure, even if such person's electronic criminal history record information has been erased pursuant to this section.

(d) For the purposes of this section, “electronic record” means any police or court record or record of any state's attorney or prosecuting attorney that is an electronic record, as defined in section 1-267 , other than a scanned copy of a physical document.

(e) For the purposes of this section, “court records” shall not include a record or transcript of the proceedings made or prepared by an official court reporter, court recording monitor or any other entity designated by the Chief Court Administrator.

(f) Nothing in this section shall be construed to require the partial redaction of physical documents or scanned copies of such documents held internally by any criminal justice agency.

(g) Nothing in this section shall be construed to require the Department of Motor Vehicles to erase criminal history record information on an operator's driving record. When applicable, the Department of Motor Vehicles shall make such criminal history record information available through the Commercial Driver's License Information System.

(h) A person whose records have been erased pursuant to this section may represent to any entity other than a criminal justice agency that they have not been arrested or convicted for the purposes of any such conviction for which such records have been erased.
Conn. Gen. Stat. § 54-67 — Connecticut Code / Title 54 / Chapter 960 / Section 54-67
Sec. 54-67. When attorneys not allowed to give bonds.
Status: in_force

Bond for costs on an appeal, given by appellant's attorney, not within prohibition of statute. 61 C. 500.
Conn. Gen. Stat. § 54-131k — Connecticut Code / Title 54 / Chapter 961 / Section 54-131k
Sec. 54-131k. Compassionate parole release.
Status: in_force

(b) Any person granted a compassionate parole release pursuant to this section shall be released subject to such terms and conditions as may be established by the Board of Pardons and Paroles and shall be supervised by the Department of Correction.
Conn. Gen. Stat. § 54-85e — Connecticut Code / Title 54 / Chapter 961 / Section 54-85e
Sec. 54-85e. Photograph of deceased victim shown to jury during opening and closing arguments.
Status: in_force

Statute pertains only to the nonevidentiary presentation of an image of a deceased victim and contains no restriction on the admission into evidence of a photograph of a deceased victim; nor does it expressly abrogate or seek to supplant the rules of evidence adopted by the judiciary. 126 CA 239.
Conn. Gen. Stat. § 54-82r — Connecticut Code / Title 54 / Chapter 961 / Section 54-82r
Sec. 54-82r. Protective order prohibiting harassment of witness.
Status: in_force

(b) A protective order shall set forth the reasons for the issuance of such order, be specific in terms and describe in reasonable detail, and not by reference to the complaint or other document, the act or acts being restrained. A protective order issued under this section may include provisions necessary to protect the witness from threats, harassment, injury or intimidation by the adverse party including, but not limited to, enjoining the adverse party from (1) imposing any restraint upon the person or liberty of the witness, (2) threatening, harassing, assaulting, molesting or sexually assaulting the witness, or (3) entering the dwelling of the witness. Such order shall contain the following language: “In accordance with section 53a-223 of the Connecticut general statutes, any violation of this order constitutes criminal violation of a protective order which is punishable by a term of imprisonment of not more than ten years, a fine of not more than ten thousand dollars, or both. Additionally, in accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both.”. If the adverse party is the defendant in the criminal case, such order shall be made a condition of the bail or release of the defendant and shall also contain the following language: “Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release.”.

(c) The protective order shall remain in effect for the duration of the criminal case except as otherwise ordered by the court.

See Sec. 51-5c re automated registry of protective orders.
Conn. Gen. Stat. § 54-129 — Connecticut Code / Title 54 / Chapter 961 / Section 54-129
Sec. 54-129. Discharge of paroled prisoner.
Status: in_force

(b) Whenever any inmate has been discharged from the custody of the Commissioner of Correction or whenever any person's period of special parole has been terminated, the chairperson shall issue a certificate to that effect under the seal of the Board of Pardons and Paroles.

Cited. 170 C. 129; 213 C. 38.

Cited. 8 CA 656.

Cited. 4 CS 365; 16 CS 80.
Conn. Gen. Stat. § 54-64e — Connecticut Code / Title 54 / Chapter 960 / Section 54-64e
Sec. 54-64e. Noncriminal behavior as condition of release. Notice of conditions of release and sanctions for violation.
Status: in_force

(b) When any person is released pursuant to the provisions of sections 54-63a to 54-63g , inclusive, or sections 54-64a to 54-64c , inclusive, such person shall be notified in writing at the time of release: (1) Of the condition specified in subsection (a) of this section and any additional conditions of release; (2) that violation of any condition of release may result in the imposition of different or additional conditions of release; (3) that if he is released with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court finds that he has violated any condition of release and the safety of any other person is endangered while he is on release, his release may be revoked; and (4) that any crime committed while on release may subject him to enhanced penalties pursuant to section 53a-40b .

Cited. 222 C. 331.
Conn. Gen. Stat. § 54-142e — Connecticut Code / Title 54 / Chapter 961a / Section 54-142e
Sec. 54-142e. Judicial Department or criminal justice agency to make available information to identify erased records. Duty of consumer reporting agency or background screening provider to update and delete erased criminal records.
Status: in_force

(b) Each person, including, but not limited to, a consumer reporting agency or background screening provider or similar data-based service or company, that has purchased records of or filed a mass request under the provisions of chapter 14 for information pertaining to criminal matters of public record from the Judicial Department or any criminal justice agency shall, prior to disclosing such records, (1) purchase from the Judicial Department or such criminal justice agency, on a monthly basis or on such other schedule as the Judicial Department or such criminal justice agency may establish, any updated criminal matters of public record or information available for the purpose of complying with this section, and (2) update its records of criminal matters of public record to permanently delete such erased records not later than thirty calendar days after receipt of information on the erasure of criminal records pursuant to section 54-142a . Such person shall not further disclose such erased records, except to the subject of the records as required under 15 USC 1681g, as amended from time to time, or as otherwise required by applicable law. This subsection shall not apply to persons or entities filing a mass request under the provisions of chapter 14 for information pertaining to criminal matters of public record if the person or entity making the request is only obtaining information that does not personally identify the subjects of the criminal matters of public records and is not using the information for commercial purposes.

(c) If any consumer reporting agency, background screening provider or similar data-based service or company discloses an erased record in violation of subsection (b) of this section after thirty calendar days from the date such agency, provider, service or company received notice pursuant to subsection (a) of this section that such record had been erased, the Attorney General may send notice ordering such agency, provider, service or company to remove such erased record from any such disclosure not later than five business days following receipt of such order.

(d) For purposes of this section, “mass request” means a request concerning fifty or more criminal matters of public record.

(e) Any violation of any provision of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b .
Conn. Gen. Stat. § 54-41b — Connecticut Code / Title 54 / Chapter 959a / Section 54-41b
Sec. 54-41b. Application for order authorizing interception.
Status: in_force

Cited. 171 C. 524; 176 C. 17. Application defective for failure of state's attorney to make formal oath or affirmation. 180 C. 345. Cited. 191 C. 360; 194 C. 447; 199 C. 591; 212 C. 485; 223 C. 906; 224 C. 322; 234 C. 539; 238 C. 692.

Cited. 7 CA 660; 8 CA 673; 27 CA 596; 44 CA 249.
Conn. Gen. Stat. § 54-102cc — Connecticut Code / Title 54 / Chapter 961 / Section 54-102cc
Sec. 54-102cc. Tuberculosis infection control committee.
Status: in_force

(b) The committee established pursuant to subsection (a) of this section shall develop guidelines and protocols for the purpose of implementing section 54-102bb . Said guidelines shall include, but not be limited to, the following tuberculosis infection control activities: (1) Screening of inmates; (2) containment; and (3) assessment of guidelines implementation. Any guidelines established shall be consistent with the most recent recommendations from the National Centers for Disease Control and Prevention.
Conn. Gen. Stat. § 54-162 — Connecticut Code / Title 54 / Chapter 964 / Section 54-162
Sec. 54-162. Return to another state of person whose act in this state caused crime.
Status: in_force

Cited. 157 C. 414; 186 C. 404; 190 C. 631; 201 C. 162.

Governor of rendering state exercises informed legal discretion, as extradition is not required by Art. IV, Sec. 2 of the U.S. Constitution; where both governors falsely believed person was a fugitive, extradition will not be granted under section and person must be released, as discretion was not exercised. 34 CS 78.
Conn. Gen. Stat. § 54-206 — Connecticut Code / Title 54 / Chapter 968 / Section 54-206
Sec. 54-206. Payment of attorneys as part of order. Payment of providers by attorney representing the victim.
Status: in_force

(b) The attorney representing the victim shall pay providers as documented by the Office of Victim Services. The attorney shall communicate with providers regarding outstanding balances after attorney's fees are deducted, and shall ensure payment to such providers.
Conn. Gen. Stat. § 54-33c — Connecticut Code / Title 54 / Chapter 959 / Section 54-33c
Sec. 54-33c. Warrant application, affidavits, execution and return. Copies. Orders.
Status: in_force

(b) Except for a warrant for the installation and use of a tracking device: (1) The warrant shall be executed within ten days and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all property seized; (2) a copy of such warrant shall be given to the owner or occupant of the dwelling, structure, motor vehicle or place designated in the warrant, or the person named in the warrant; and (3) within forty-eight hours of such search, a copy of the application for the warrant and a copy of all affidavits upon which the warrant is based shall be given to such owner, occupant or person. The judge or judge trial referee may, by order, dispense with the requirement of giving a copy of the affidavits to such owner, occupant or person at such time if the applicant for the warrant files a detailed affidavit with the judge or judge trial referee which demonstrates to the judge or judge trial referee that (A) the personal safety of a confidential informant would be jeopardized by the giving of a copy of the affidavits at such time, or (B) the search is part of a continuing investigation which would be adversely affected by the giving of a copy of the affidavits at such time, or (C) the giving of a copy of the affidavits at such time would require disclosure of information or material prohibited from being disclosed by chapter 959a.

(c) A warrant for the installation and use of a tracking device shall be returned with reasonable promptness consistent with due process of law and after the period authorized for tracking, including any extension period authorized under subsection (d) of section 54-33a , has expired. Within ten days after the use of the tracking device has ended, a copy of the application for the warrant and a copy of all affidavits upon which the warrant is based shall be given to the person who was tracked or the owner of the property to, in or on which the tracking device was installed. The judge or judge trial referee may, by order, dispense with the requirement of giving a copy of the affidavits to the person who was tracked or the owner of the property to, in or on which the tracking device was installed if the applicant for the warrant files a detailed affidavit with the judge or judge trial referee which demonstrates to the judge or judge trial referee that (1) the personal safety of a confidential informant would be jeopardized by the giving of a copy of the affidavits at such time, or (2) the search is part of a continuing investigation which would be adversely affected by the giving of a copy of the affidavits at such time, or (3) the giving of a copy of the affidavits at such time would require disclosure of information or material prohibited from being disclosed by chapter 959a.

(d) If the judge or judge trial referee dispenses with the requirement of giving a copy of the affidavits at such time pursuant to subsection (b) or (c) of this section, such order shall not affect the right of such owner, occupant or person to obtain such copy at any subsequent time. No such order shall limit the disclosure of such affidavits to the attorney for a person arrested in connection with or subsequent to the execution of a search warrant unless, upon motion of the prosecuting authority within two weeks of such person's arraignment, the court finds that the state's interest in continuing nondisclosure substantially outweighs the defendant's right to disclosure.

(e) Any order entered pursuant to subsection (b) or (c) of this section dispensing with the requirement of giving a copy of the affidavits to such owner, occupant or person shall be for a specific period of time, not to exceed (1) two weeks beyond the date the warrant is executed, or (2) with respect to a warrant for the installation and use of a tracking device, two weeks after any extension period authorized under subsection (d) of section 54-33a has expired. Within the applicable time period set forth in subdivision (1) or (2) of this subsection, the prosecuting authority may seek an extension of such period of time. Upon the execution and return of the warrant, affidavits which have been the subject of such an order shall remain in the custody of the clerk's office in a secure location apart from the remainder of the court file.

Return on search warrant, not defective. 163 C. 107. Cited. 165 C. 239; 239 C. 793.

Cited. 7 CA 265; 10 CA 347; 14 CA 356; 15 CA 251; 18 CA 477.

Cited. 28 CS 23. Omission of signature from copies of warrant and affidavits served on defendant held harmless error; exclusionary rule discussed. 35 CS 225. Cited. 36 CS 570; 40 CS 20.

Cited. 5 Conn. Cir. Ct. 44, 46. Execution of search and seizure warrant 14 days after its issuance held unreasonable lapse of time although officers' daily surveillance made this the opportune date for search; motion to suppress evidence seized granted. Id., 468.
Conn. Gen. Stat. § 54-41n — Connecticut Code / Title 54 / Chapter 959a / Section 54-41n
Sec. 54-41n. Report by panel to Chief Court Administrator.
Status: in_force

Cited. 191 C. 360; 212 C. 485; 238 C. 692.
Conn. Gen. Stat. § 54-102aa — Connecticut Code / Title 54 / Chapter 961 / Section 54-102aa
Sec. 54-102aa. Tuberculosis testing: Definitions. Requirements.
Status: in_force

(1) “Active tuberculosis” has the same meaning as provided in subdivision (1) of subsection (a) of section 19a-265 ;

(2) “Infectious tuberculosis” has the same meaning as provided in subdivision (2) of subsection (a) of section 19a-265 ; and

(3) “Latent tuberculosis” means having a positive tuberculin skin test with no clinical, bacteriologic or radiologic evidence of active tuberculosis.

(b) Any person who has been committed to the custody of the Commissioner of Correction and remains in custody for a period of at least five consecutive days shall be tested to determine if such person has active tuberculosis or latent tuberculosis infection. Any person testing positive for active tuberculosis or infectious tuberculosis shall be subject to the provisions of sections 19a-255 and 19a-262 to 19a-265 , inclusive. Any person testing positive for latent tuberculosis infection shall be first medically evaluated for infectious tuberculosis and then offered treatment for latent tuberculosis infection as recommended at the time by the National Centers for Disease Control and Prevention, provided the scheduled period of custody of such person is such that the treatment may be completed prior to the release of such person from custody.
Conn. Gen. Stat. § 54-105 — Connecticut Code / Title 54 / Chapter 961 / Section 54-105
Sec. 54-105. Duties of executive director of Court Support Services Division re probation. Intensive probation program. Community service program. Caseload limitation.
Status: in_force

(b) The Judicial Department shall establish within the Court Support Services Division an intensive probation program. The purpose of intensive probation is to place persons in the community under close supervision and restriction to ensure public safety, reduce prison overcrowding and contribute to the rehabilitation of persons in the program. There shall be periodic testing for drug or alcohol use for those probationers on intensive probation who have been identified as having histories of drug or alcohol abuse. Any defendant placed on intensive probation who fails to comply with the conditions of his intensive probation shall be presented to the court as provided in subsection (a) of section 53a-32 for a hearing to be conducted in accordance with said subsection. If such defendant is found by the court to have violated any condition of his intensive probation, the sentencing court or judge may continue such defendant on intensive probation, modify or enlarge the conditions of intensive probation or revoke the intensive probation and either require the defendant to serve the balance of the sentence imposed or impose any lesser sentence. The executive director of the Court Support Services Division shall have the same powers and duties with respect to the intensive probation program as the executive director has with respect to regular probation under subsection (a) of this section. Persons may be placed on intensive probation pursuant to an order of a court or judge under section 53a-30 or 53a-39a or as required by the Court Support Services Division.

(c) Subject to the approval of the Chief Court Administrator, the executive director of the Court Support Services Division may establish within the Court Support Services Division a community service program, including a community service labor program, which will assign, supervise and report compliance of persons sentenced to perform community service as a condition of probation or conditional discharge.

(d) The executive director of the Court Support Services Division shall establish within the Court Support Services Division a program wherein eighty-four probation officers shall have a caseload of not more than thirty-five probationers per officer for the purpose of providing high level supervision. This program shall be implemented with funds appropriated pursuant to section 48 of public act 90-213*, provided such caseload may be increased at the discretion of the executive director if funding for the current service level for the Court Support Services Division is reduced.

*Note: Section 48 of public act 90-213 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
Conn. Gen. Stat. § 54-1b — Connecticut Code / Title 54 / Chapter 959 / Section 54-1b
Sec. 54-1b. Arraignment of prisoner. Advice as to rights.
Status: in_force

See Sec. 51-296 re designation of public defender for indigent defendant or codefendant.

See Sec. 54-1j re court advice re possible immigration and naturalization ramifications of guilty or nolo contendere plea.

See Sec. 54-94a re conditional plea of nolo contendere.

Prior to act, held that neither failure to warn defendant of his constitutional rights nor his lack of counsel required conclusion that his confession was involuntary. 150 C. 169. Cited. 154 C. 314, 324. Presentation before circuit court session next held in circuit where offense is alleged to have been committed means the regular session of the circuit court next to be held, excluding any session on day of arrest. 155 C. 134. Right to counsel not denied where defendant made no request for same even though defendant's attorneys, during period from his arrest to his arraignment, made repeated unsuccessful efforts to communicate with him. Id., 155. Defendant was warned of his rights prior to his plea being offered but not prior to conversation with his daughter in police barracks wherein he admitted he was guilty of crimes charged. 157 C. 25. Cited. 164 C. 402. Admission into evidence of custodial statements not violation of section. 167 C. 408. Cited. 187 C. 6; 195 C. 505; 198 C. 517; 201 C. 489; 236 C. 388.

Cited. 34 CA 261; 43 CA 209.

Cited. 39 CS 347.

Cited. 2 Conn. Cir. Ct. 573. Compliance by the state with the requirements of section in no way adversely affected defendant's right to claim that his rights were violated because the court refused to appoint counsel to represent him. 3 Conn. Cir. Ct. 624, 630. Motion to dismiss on ground constitutional right to counsel had been violated should be made prior to not guilty plea. 4 Conn. Cir. Ct. 166. Court could conclude from statements and conduct of defendant that he had effectively waived his rights. Id., 168. On-the-scene questioning of person in investigation of crime without prior warning not precluded since such person is not under restraint. Id., 195. Purpose and necessity of arraignment or presentment of accused are to fix his identity, inform him of his constitutional rights and the charge against him and give him an opportunity to plead; before arraignment, there is no issue pending to which accused can plead and entry of nolle prosequi before arraignment is not a final judgment from which an appeal lies. Id., 466. Cited. 5 Conn. Cir. Ct. 35, 40. Collective statement of their rights to group of accused may be sufficient compliance with section but not as to defendants with linguistic difficulties or below average intelligence. Id., 178. Cited. Id., 243. Defendant waived his right to counsel where he had, for 6 months, obtained postponements on this ground. 6 Conn. Cir. Ct. 58.
Conn. Gen. Stat. § 54-125k — Connecticut Code / Title 54 / Chapter 961 / Section 54-125k
Sec. 54-125k. Legal cannabis use or possession not grounds for revocation of parole, special parole or probation. Exception.
Status: in_force

(b) If a person's conditions of parole, special parole or probation include a finding that use of cannabis would pose a danger to such person or to the public and a condition that such person not use cannabis and individualized reasons supporting such finding, use of cannabis may be grounds for revocation of parole, special parole or probation. Such finding shall not consider any prior arrests or convictions for use or possession of cannabis.
Conn. Gen. Stat. § 54-57 — Connecticut Code / Title 54 / Chapter 960 / Section 54-57
Sec. 54-57. Joinder of offenses of the same character.
Status: in_force

Court may compel state to elect between counts; 75 C. 201; 81 C. 1; or direct jury to find separately on each count. 34 C. 299. Effect of general verdict. 34 C. 299; 70 C. 73. Where same offense is charged in different counts. 74 C. 525. Where one count only is good. 66 C. 255. Right of accused to call for separate verdicts. 83 C. 298. Relation of counts to each other. 96 C. 427. One count charging two accused as principals may properly be joined with a second count charging one as principal and the other as accessory. 98 C. 460. Refusal to compel state to elect between counts held proper. Id., 461. Cited. 126 C. 84. Whether there shall be separate trials on different counts joined in indictment or information lies within trial court's discretion. 134 C. 109. Whenever two or more cases are pending at the same time against the same party in the same court for offenses of the same character, counts for such offenses may be joined in one information. 169 C. 566. Whether joinder of indictments and informations is controlled by statute or Sec. 829 of the 1978 Practice Book discussed; since rule regulates court procedure and does not infringe on any substantive right, rule controlled and court did not abuse its discretion by ordering joinder of two informations not of the same character. 187 C. 292; judgment reversed, see 303 C. 538. Cited. 204 C. 714; 205 C. 61; 209 C. 458; 210 C. 78; 215 C. 538; 216 C. 647; 234 C. 324; 235 C. 748; 236 C. 112. Joinder of manslaughter count and risk of injury to minor count permissible when factors weighed. 243 C. 523. Defendant did not suffer substantial prejudice by consolidation of charges against him because the evidence in both cases would have been cross admissible at separate trials to show a common scheme or plan on the part of the defendant. 287 C. 608. Under section, there is no blanket presumption in favor of joinder; section is directed at prosecutors and governs whether they may join multiple charges in a single information, while Practice Book is directed at trial courts; trial court abused its discretion in finding defendant's alleged conduct in felony murder case not so brutal or shocking to require separate trials, but error was harmless. 303 C. 538.

Cited. 10 CA 503; Id., 624; Id., 709; 14 CA 526; Id., 710; 15 CA 161; 18 CA 406; Id., 482; 19 CA 48; 24 CA 502; 25 CA 181; Id., 503; 28 CA 645; 33 CA 133; 35 CA 781; 36 CA 805; 37 CA 437; 41 CA 584; 42 CA 382; 43 CA 527; Id., 680; 45 CA 207. Joinder permitted where defendant holding knife injured victim while attacking her because physical harm not brutal or shocking; consolidation of three informations for trial ameliorated by court's explicit instruction to jury that offenses should be considered separately. 59 CA 529. Trial court is authorized by statute and rule to order a joint trial of charges against the same defendant. 70 CA 462. Joinder was proper because evidence relating to each crime would have been admissible in each separate trial to prove a common plan or scheme. 87 CA 150. Defendant was not subject to substantial injustice or deprived of due process when trial court granted state's motion for joinder because the matters were not so complex as to confuse a jury. 112 CA 711. Court did not abuse its discretion by joining charges of violating a protective order and threatening in the second degree because evidence from incidents on the relevant date for which defendant was charged for both crimes was admissible in both cases. 132 CA 414.

Where defendants were put to plea on a single information charging similar offenses concerning different complainants, court did not abuse its discretion in making such joinder. 2 Conn. Cir. Ct. 514. Cited. Id., 585.
Conn. Gen. Stat. § 54-85b — Connecticut Code / Title 54 / Chapter 961 / Section 54-85b
Sec. 54-85b. Employment protection for witnesses and victims of crime. Penalty. Action for damages and reinstatement.
Status: in_force

(b) Any employer who violates subdivision (1) of subsection (a) of this section shall be guilty of criminal contempt and shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(c) If an employer discharges, penalizes or threatens or otherwise coerces an employee in violation of subsection (a) of this section, the employee, not later than one hundred eighty days from the occurrence of such action, may bring a civil action for damages and for an order requiring the employee's reinstatement or otherwise rescinding such action. If the employee prevails, the employee shall be allowed a reasonable attorney's fee to be fixed by the court.
Conn. Gen. Stat. § 54-92 — Connecticut Code / Title 54 / Chapter 961 / Section 54-92
Sec. 54-92. Pronouncement of sentence.
Status: in_force

Not error to impose sentence in capital case before passing on motion for new trial. 46 C. 339. Sentence for term of years, however long, not a life sentence. 60 C. 96. Sentence to be given before appeal is taken; suspending it; bail. 71 C. 457. Penalty of “fine and imprisonment” permits either. 75 C. 351. In capital case, if appeal decided before time set for execution, Supreme Court need not set day; 81 C. 22; in such case, not error to omit inquiry as to whether accused has anything to say. 47 C. 546. Appeal as supersedeas in capital case. 82 C. 68; 84 C. 566. Cited. 169 C. 13.

Cited. 31 CA 660. Legislature has designated court, rather than jury, to impose sentences on criminal defendants. 81 CA 824.

In absence of statute, sentences will be held to run concurrently where a person has received two or more separate sentences to imprisonment in the same penal institution and the judgments contain no provision that they shall run consecutively; where an accused is convicted on a number of counts, a general sentence is not invalid if the punishment does not exceed the maximum which could have been imposed for any single count. 23 CS 214. Habeas corpus brought on defendant's claim he had involuntarily agreed to lesser plea to obtain shorter sentence was denied where he had received sentence he anticipated and, on being sentenced, told court he had nothing he wanted to say. 28 CS 15.
Conn. Gen. Stat. § 54-201 — Connecticut Code / Title 54 / Chapter 968 / Section 54-201
Sec. 54-201. Definitions.
Status: in_force

(1) “Victim” means a person who is injured or killed as provided in section 54-209 ;

(2) “Personal injury” means (A) actual bodily harm or emotional harm and includes pregnancy and any condition thereof, or (B) injury or death to a service animal, as defined in 28 CFR 35.104, as amended from time to time, owned or kept by a person with a disability;

(3) “Dependent” means any relative of a deceased victim or a person designated by a deceased victim in accordance with section 1-56r who was wholly or partially dependent upon his income at the time of his death or the child of a deceased victim and shall include the child of such victim born after his death;

(4) “Relative” means a person's spouse, parent, grandparent, stepparent, aunt, uncle, niece, nephew, child, including a natural born child, stepchild and adopted child, grandchild, brother, sister, half brother or half sister or a parent of a person's spouse;

(5) “Crime” means any act which is a felony, as defined in section 53a-25 , or misdemeanor, as defined in section 53a-26 , and includes any crime committed by a juvenile;

(6) “Emotional harm” means a mental or emotional impairment that is directly attributable to a threat of (A) physical injury, as defined in subdivision (3) of section 53a-3 , or (B) death to the affected person; and

(7) “Disability” has the same meaning as provided in section 22-345 .
Conn. Gen. Stat. § 54-142k — Connecticut Code / Title 54 / Chapter 961a / Section 54-142k
Sec. 54-142k. Availability of conviction information and nonconviction information.
Status: in_force

(b) Each person or agency holding conviction information or nonconviction information shall (1) update such information promptly whenever related criminal history record information is erased, modified or corrected or when a pardon is granted; and (2) post on any conviction information or nonconviction information available to the public a notice that the criminal history record information may change daily due to erasures, corrections, pardons and other modifications to individual criminal history record information and that the person or agency cannot guarantee the accuracy of the information except with respect to the date the information is disclosed or obtained.

(c) Conviction information shall be available to the public for any purpose.

(d) Nonconviction information shall be available to the subject of the information and to the subject's attorney pursuant to this subsection and subsection (e) of this section. Any person shall, upon satisfactory proof of the person's identity, be entitled to inspect, for purposes of verification and correction, any nonconviction information relating to the person and upon the person's request shall be given a computer printout or photocopy of such information for which a reasonable fee may be charged, provided no erased record may be released except as provided in subsection (h) of section 54-142a . Before releasing any exact reproductions of nonconviction information to the subject of the information, the agency holding such information may remove all personal identifying information from such reproductions.

(e) Any person may authorize, in writing, an agency holding nonconviction information pertaining directly to the person to disclose such information to the person's attorney. The holding agency shall permit such attorney to inspect and obtain a copy of such information if both the attorney's identity and that of the attorney's client are satisfactorily established, provided no erased record may be released unless the attorney attests to such attorney's client's intention to challenge the accuracy of such record.

(f) Any person who obtains nonconviction information by falsely representing to be the subject of the information shall be guilty of a class D felony.

Cited. 183 C. 183.

Cited. 36 CS 89.
Conn. Gen. Stat. § 54-86a — Connecticut Code / Title 54 / Chapter 961 / Section 54-86a
Sec. 54-86a. Certain evidence to be made available to defendant.
Status: in_force

(b) An order of the court granting relief under subsection (a) of this section shall specify the time, place and manner of making the discovery and inspection permitted and may prescribe such terms and conditions as are just.

(c) A motion under subsection (a) of this section may be made only in a criminal case and shall include all relief sought under subsection (a) of this section. A subsequent motion may be made only upon a showing of cause why such motion would be in the interest of justice.

(d) Prior to the arraignment of any arrested person before the court to determine the existence of probable cause to believe such person committed the offense charged or to determine the conditions of such person's release pursuant to section 54-64a , the attorney for the state shall provide the arrested person or his counsel with a copy of any affidavit or report submitted to the court for the purpose of making such determination; except that the court may, upon motion of the attorney for the state and for good cause shown, limit the disclosure of any such affidavit or report, or portion thereof.

Cited. 158 C. 275; 159 C. 389. Examination in camera used to determine compliance. 166 C. 593. Cited. 187 C. 292; 190 C. 20; 200 C. 323; 229 C. 716.

Cited. 34 CA 58; judgment reversed, see 232 C. 537.

Section does not specifically require disclosure of name and address of the informant in trial of defendant charged with sale of marijuana. 28 CS 331. Cited. 33 CS 599; 42 CS 291.

Motion for further bill of particulars after plea of not guilty denied as untimely; preliminary motions in criminal case should be filed prior to plea unless grounds are not then known. 5 Conn. Cir. Ct. 269. Unless prosecutor is under some constitutional obligation, he need not allow defense complete and unqualified access to state's files. 6 Conn. Cir. Ct. 437.

Subsec. (a):

Subdiv. (1): Indiscriminate, wholesale, and blanket demands for “exculpatory” material under motion of discovery is not permissible; must be shown that evidence would have tendency to clear defendant. 29 CS 86.
Conn. Gen. Stat. § 54-230a — Connecticut Code / Title 54 / Chapter 968 / Section 54-230a
Sec. 54-230a. Notification of victims and other persons by Department of Correction when inmate or sexual offender seeks release or other relief.
Status: in_force

(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227 , the Victim Services Unit within the Department of Correction shall notify by mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228 whenever such person files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to subsections (b) or (c) of said section or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or the removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.

(c) Upon compliance with the notification requirements of this section, the Victim Services Unit within the Department of Correction shall notify, on a form prescribed by the Office of the Chief Court Administrator, the board, agency or court to which the application or petition was made of such compliance.
Conn. Gen. Stat. § 54-65c — Connecticut Code / Title 54 / Chapter 960 / Section 54-65c
Sec. 54-65c. Vacating forfeiture of bond.
Status: in_force

Plain language of section, as read in connection with other statutes, demonstrates that legislature intended “detained” to require governmental action, i.e., custody by a governmental entity. 323 C. 629.
Conn. Gen. Stat. § 54-41k — Connecticut Code / Title 54 / Chapter 959a / Section 54-41k
Sec. 54-41k. Service of notice of interception; inspection of intercepted communications, applications and orders; postponement of service.
Status: in_force

Cited. 191 C. 360; 212 C. 485; 224 C. 593; 238 C. 692.

Strict compliance with provisions of statute is mandatory. 3 CA 477. Cited. 10 CA 347. Service of inventory requirement discussed. 14 CA 605. Cited. 16 CA 245.

When delivery of document to defendant's attorney deemed adequate service. 30 CS 302.
Conn. Gen. Stat. § 54-36n — Connecticut Code / Title 54 / Chapter 959 / Section 54-36n
Sec. 54-36n. Identification and tracing of seized and recovered firearms and ammunition.
Status: in_force

(b) In complying with the provisions of subsection (a) of this section, a law enforcement agency shall use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms. Such law enforcement agency shall immediately transmit to the National Tracing Center, by facsimile or by entering such information on the Connecticut On-Line Law Enforcement Communications Teleprocessing (COLLECT) System when said system becomes available for transmitting such information directly to the National Tracing Center, all information necessary to comply with the provisions of subsection (a) of this section.

(c) The Department of Emergency Services and Public Protection shall take appropriate action to allow the COLLECT System to be used by law enforcement agencies in complying with the provisions of this section.

(d) Whenever a firearm is identified and is determined to have been stolen, the law enforcement agency shall return such firearm, and any ammunition seized or recovered with such firearm that is determined to be stolen, to the rightful owner thereof, provided such owner is not prohibited from possessing such firearm or ammunition and such agency does not need to retain such firearm or ammunition as evidence in a criminal prosecution.
Conn. Gen. Stat. § 54-86i — Connecticut Code / Title 54 / Chapter 961 / Section 54-86i
Sec. 54-86i. Testimony of expert witness re mental state or condition of defendant.
Status: in_force

Cited. 207 C. 35; 209 C. 423; 210 C. 481; 216 C. 139; 224 C. 114; Id., 347; 225 C. 450; Id., 650.

Cited. 17 CA 257; 26 CA 94; 28 CA 425; 32 CA 170; 34 CA 629.
Conn. Gen. Stat. § 54-86o — Connecticut Code / Title 54 / Chapter 961 / Section 54-86o
Sec. 54-86o. Jailhouse witnesses in a criminal prosecution.
Status: in_force

(1) The complete criminal history of any such jailhouse witness, including any charges pending against such witness, or which were reduced or dismissed as part of a plea bargain;

(2) The jailhouse witness's cooperation agreement with the prosecutorial official and any benefit that the official has provided, offered or may offer in the future to any such jailhouse witness;

(3) The substance, time and place of any statement allegedly given by the defendant to a jailhouse witness, and the substance, time and place of any statement given by a jailhouse witness implicating the defendant in an offense for which the defendant is indicted;

(4) Whether at any time the jailhouse witness recanted any testimony subject to the disclosure and, if so, the time and place of the recantation, the nature of the recantation and the name of any person present at the recantation; and

(5) Information concerning any other criminal prosecution in which the jailhouse witness testified, or offered to testify, against a person suspected as the perpetrator of an offense or defendant with whom the jailhouse witness was imprisoned or otherwise confined, including any cooperation agreement with a prosecutorial official or any benefit provided or offered to such witness by a prosecutorial official.

(b) The prosecutorial official may move for an extension of time to make any disclosure pursuant to subsection (a) of this section. The court may agree to such extension of time if the court finds that the jailhouse witness was not known to the prosecutorial official at the time the defendant filed the written request under subsection (a) of this section, and that information or material required to be disclosed pursuant to subsection (a) of this section could not be disclosed with the exercise of due diligence within the period of time required under subsection (a) of this section. Upon good cause shown, the court may set a reasonable extension of time or may, upon the court's own motion, allow such extension.

(c) If the court finds that a disclosure pursuant to subsection (a) of this section may result in the possibility of bodily harm to the jailhouse witness, the court may order that such information or material may only be viewed by the defense counsel, and not by the defendant or other parties.

(d) For the purposes of this section, “benefit” means any plea bargain, bail consideration, reduction or modification of sentence or any other leniency, immunity, financial payment, reward or amelioration of current or future conditions of incarceration offered or provided in connection with, or in exchange for, testimony that is offered or provided by a jailhouse witness; and “jailhouse witness” means a person who offers or provides testimony concerning statements made to such person by another person with whom he or she was incarcerated, or an incarcerated person who offers or provides testimony concerning statements made to such person by another person who is suspected of or charged with committing a criminal offense.

See Sec. 51-286 re tracking use of testimony by jailhouse witnesses.

Subsec. (d): Procedural protections embodied in section are not dependent on the location where the defendant's alleged statements occurred, instead, they are applicable regardless of whether an incarcerated witness testifies as to statements the defendant made inside or outside of prison. 337 C. 486.
Conn. Gen. Stat. § 54-253 — Connecticut Code / Title 54 / Chapter 969 / Section 54-253
Sec. 54-253. Registration of person who has committed a sexual offense in another jurisdiction.
Status: in_force

(b) If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.

(c) Any person not a resident of this state who is registered as a sexual offender under the laws of any other state and who is employed in this state, carries on a vocation in this state or is a student in this state, shall, without undue delay after the commencement of such employment, vocation or education in this state, register such person's name, identifying factors and criminal history record, locations visited on a recurring basis, and such person's residence address, if any, in this state, residence address in such person's home state and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection on such forms and in such locations as said commissioner shall direct and shall maintain such registration until such employment, vocation or education terminates or until such person is released from registration as a sexual offender in such other state. If such person terminates such person's employment, vocation or education in this state, changes such person's address in this state or establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such termination, new address or identifier.

(d) Any person not a resident of this state who is registered as a sexual offender under the laws of any other state and who travels in this state on a recurring basis for periods of less than five days shall notify the Commissioner of Emergency Services and Public Protection of such person's temporary residence in this state and of a telephone number at which such person may be contacted.

(e) Any person who violates the provisions of this section shall be guilty of a class D felony, except that, if such person violates the provisions of this section by failing to register with the Commissioner of Emergency Services and Public Protection without undue delay or notify the Commissioner of Emergency Services and Public Protection without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.
Conn. Gen. Stat. § 54-125j — Connecticut Code / Title 54 / Chapter 961 / Section 54-125j
Sec. 54-125j. Reporting re outcomes of parole revocation hearings.
Status: in_force

(1) Outcomes of preliminary hearings, including whether (A) probable cause of a parole violation was found and that the alleged violation was serious enough to warrant revocation of parole, (B) probable cause of a parole violation was found, but the alleged violation was not serious enough to warrant revocation of parole, and (C) no probable cause of a parole violation was found;

(2) The number of (A) individuals remanded to the custody of the Department of Correction for criminal and technical violations, and (B) individuals held in custody beyond a preliminary hearing pending a final parole revocation hearing;

(3) Outcomes of final parole revocation hearings, including whether there was a recommendation to (A) reinstate parole, or (B) revoke parole; and

(4) Case level data on demographics, including data on race, sex, ethnicity and age.
Conn. Gen. Stat. § 54-142h — Connecticut Code / Title 54 / Chapter 961a / Section 54-142h
Sec. 54-142h. Data collection; audit; maintenance of records and log.
Status: in_force

(b) For the purpose of verifying the completeness and accuracy of criminal history record information collected and maintained by criminal justice information agencies subject to Title 28, Chapter 1, Part 20 of the Code of Federal Regulations, the Division of Criminal Justice shall conduct an annual audit of the records maintained by such agencies. Said division shall provide for a random sample of criminal justice agencies to be audited each year.

(c) Criminal justice agencies subject to such audits shall maintain and retain records that will facilitate such audits, including, but not limited to, the keeping of a log which chronologically records the date nonconviction record information was disclosed, the information disclosed, how or where the information was obtained and the person or criminal justice agency to whom the information was disseminated. Such log shall be maintained for a minimum period of twelve months. It shall not be necessary to log the disclosure of nonconviction record information to any authorized officer or employee within such agency.

Cited. 183 C. 183.
Conn. Gen. Stat. § 54-56m — Connecticut Code / Title 54 / Chapter 960 / Section 54-56m
Sec. 54-56m. Mediation programs.
Status: in_force

(b) If mediation is successful, the prosecuting authority, upon recommendation of the family relations counselor or mediation officer, shall enter a nolle prosequi and the prosecution shall be terminated and the defendant released from custody.

(c) If mediation is unsuccessful or the defendant fails to comply with the terms of any mediation agreement, the family relations counselor or mediation officer shall notify the prosecuting authority and prosecution of the defendant may be initiated.

(d) There shall be established, in the two geographical areas of the Superior Court enumerated in subsection (a) of this section and in such other geographical areas of the Superior Court as the Chief Court Administrator may designate, units to provide mediation services in cases referred by the court to mediation. In addition, mediation services in cases referred by the court to mediation may also be provided by private agencies under contract with the Judicial Department.
Conn. Gen. Stat. § 54-142f — Connecticut Code / Title 54 / Chapter 961a / Section 54-142f
Sec. 54-142f. Council on the Collateral Consequences of a Criminal Record. Established. Membership. Chairpersons. Administrative staff. Report.
Status: in_force

(b) The council shall consist of the following members: (1) The House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees or the chairperson's designee, who shall be a member of the General Assembly; (2) the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees or the chairperson's designee, who shall be a member of the General Assembly; (3) the House and Senate ranking members or their designees, who shall be members of the General Assembly; (4) the undersecretary of the Office of Policy and Management Criminal Justice Policy and Planning Division, or the undersecretary's designee; (5) the Commissioner of Correction, or the commissioner's designee; (6) The Labor Commissioner, or the commissioner's designee; (7) the Commissioner of Consumer Protection, or the commissioner's designee; (8) the executive director of the Connecticut Commission on Human Rights and Opportunities, or the executive director's designee; (9) the executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, or the executive director's designee; (10) a justice-impacted person, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (11) a representative from the American Civil Liberties Union of Connecticut, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (12) a representative from the Connecticut Coalition for Achievement Now, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (13) a representative from the Connecticut Coalition to End Homelessness, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (14) a representative from the Institute for Municipal and Regional Policy at The University of Connecticut, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (15) a representative from the Katal Center for Health, Equity, and Justice, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (16) a representative from the National Council for Incarcerated and Formerly Incarcerated Women and Girls, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (17) a representative from the New Haven Legal Assistance Association Reentry Clinic, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; (18) a representative from the Service Employees' International Union, Local 32BJ, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees; and (19) a representative from Voices of Women of Color, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees.

(c) The House and Senate chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees shall serve as the chairpersons of the council.

(d) The chairpersons of the council shall schedule the first meeting of the council, which shall be held not later than sixty days after July 1, 2019. Thereafter, the council shall meet upon the call of the chairpersons or upon the call of a majority of the council members. The council shall hold not less than three public forums in Connecticut communities to allow the public to provide input on the focus of the council.

(e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees shall serve as administrative staff of the council.

(f) Not later than February 1, 2020, the council shall submit a report, in accordance with the provisions of section 11-4a , on its legislative recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees.
Conn. Gen. Stat. § 54-142c — Connecticut Code / Title 54 / Chapter 961a / Section 54-142c
Sec. 54-142c. Disclosure of erased records.
Status: in_force

(b) Notwithstanding any provision of this chapter, not later than two years from the date on which the records of any case are erased, the clerk of the court or any person charged with retention and control of erased records by the Chief Court Administrator or any criminal justice agency having information contained in such erased records may disclose to the victim of a crime or the victim's legal representative the fact that the case was dismissed. If such disclosure contains information from erased records, the identity of the defendant or defendants shall not be released, except that any information contained in such records, including the identity of the person charged may be released to the victim of the crime or the victim's representative upon written application by such victim or representative to the court stating (1) that a civil action has been commenced for loss or damage resulting from such act, (2) the intent to bring a civil action for such loss or damage, (3) that a civil action has been commenced pursuant to section 53a-28a for enforcement of an order of financial restitution, or (4) the intent to bring a civil action pursuant to section 53a-28a for an order of financial restitution. Any person who obtains criminal history record information by falsely representing to be the victim of a crime or the victim's representative shall be guilty of a class D felony.

Cited. 183 C. 183; 200 C. 440; 237 C. 339. This section and Sec. 54-142a do not categorically preclude the state from seeking to establish basis for sentence enhancement by use of evidence other than erased records. 319 C. 494.

Cited. 20 CA 737; 40 CA 705; judgment reversed, see 240 C. 590.
Conn. Gen. Stat. § 54-56 — Connecticut Code / Title 54 / Chapter 960 / Section 54-56
Sec. 54-56. Dismissal of information by court.
Status: in_force

Cited. 170 C. 337. In absence of statutory authority, court may not of its own motion dismiss a criminal prosecution unless there is fundamental legal defect in information or indictment or constitutional defect such as denial of speedy trial or illegality of arrest. 172 C. 608. Cited. 189 C. 42; 193 C. 474; Id., 602; 198 C. 435; 200 C. 440. Trial court did not abuse its discretion having properly found “cause” to dismiss with prejudice. Id., 453. Cited. 204 C. 187; 207 C. 374; 209 C. 225; 213 C. 708; 214 C. 657; 229 C. 716; 242 C. 409. Absent compliance with section, trial court did not have authority to dismiss pending misdemeanor charge because, in trial court's view, case was not sufficiently important to warrant time and expense of jury trial. 243 C. 690. Dismissal of an information may be predicated upon either insufficient evidence or insufficient cause, but only in the most compelling of circumstances. 305 C. 330.

Cited. 4 CA 520; 5 CA 347; 7 CA 46; 8 CA 607; 11 CA 224. Insufficient cause “prong” of statute is inappropriate basis for dismissal of information preceded by arrest warrant where no trial has yet been held. 19 CA 495. Cited. 20 CA 321; 21 CA 210; 24 CA 195; 29 CA 689; 40 CA 789; 45 CA 722.

Purpose and history of law. 13 CS 112. Cited. 21 CS 246. Resort to section is not proper method to raise issue of jurisdiction of court over person of defendant. 28 CS 512. Purpose of motion to dismiss is to prevent unchecked powers by prosecuting attorney. 29 CS 118. Insufficient evidence and insufficient cause grounds of section may not be raised through pretrial dismissal motion in case where defendant was arrested on warrant signed by a judge. 49 CS 248.

Motion to dismiss count having been previously granted, motion for directed verdict on that count was properly denied. 5 Conn. Cir. Ct. 78.
Conn. Gen. Stat. § 54-60 — Connecticut Code / Title 54 / Chapter 960 / Section 54-60
Sec. 54-60. Allegations in criminal cases.
Status: in_force

Cited. 94 C. 706. State may designate an accused by an alias; motion to expunge “The Cowboy” as such an alias from indictment held properly denied. 98 C. 460. A plea of guilty to a specific criminal charge, which is relevant to the circumstances in a civil action, may be admissible as a verbal admission in such civil action. 147 C. 625. Cited. Id., 704.

Section is constitutionally sufficient to put a criminal defendant on notice he can be convicted of attempt to commit crime charged as well as any included lesser offenses. 39 CA 267.

Court will not allow party to enter a plea of guilty until satisfied that it is freely made and that the party making it understands its import and effect; if accused did not understand the charge against him, judgment should be opened and defendant allowed to withdraw plea of guilty. 23 CS 176.
Conn. Gen. Stat. § 54-94a — Connecticut Code / Title 54 / Chapter 961 / Section 54-94a
Sec. 54-94a. Conditional nolo contendere plea. Appeal of denial of motion to suppress or dismiss.
Status: in_force

Cited. 189 C. 42; 194 C. 331; 197 C. 17; Id., 620. Voluntariness of confession is not within purview of statute. 198 C. 92. Cited. 199 C. 591; 200 C. 412; 202 C. 39; Id., 369; Id., 443; 203 C. 97; 205 C. 560; 206 C. 90; Id., 323; Id., 346; 209 C. 1; 210 C. 435; 212 C. 485; 214 C. 476; 215 C. 667; 216 C. 402; 218 C. 714; 220 C. 38; 221 C. 635; 224 C. 593; Id., 627; 226 C. 265; 227 C. 207; Id., 363; 229 C. 824; 230 C. 372; 232 C. 345; 234 C. 78; 236 C. 18; Id., 216. Conditional plea could qualify for review of substantive claims under Practice Book Sec. 4003(b) rather than this section; judgment of Appellate Court in 37 CA 252 reversed. Id., 388. Cited. 240 C. 365; Id., 489; 242 C. 211; 243 C. 115; Id., 205. Defendant had no nonfrivolous grounds for appeal and defense counsel was not ineffective for failing to consult with defendant regarding appellate rights section would have preserved. 267 C. 414. Defendant's claim that trial court improperly denied his request for a continuance to change counsel does not fall within the narrow scope of section. 269 C. 454. Defendant's nolo contendre plea was not conditional even though trial court treated the plea as if it were conditional by conducting a sua sponte hearing; statute does not apply and Appellate Court has no good cause to review claim outside scope of statute. 276 C. 503.

Cited. 2 CA 219; 5 CA 207; Id., 441; 6 CA 394; 7 CA 265; Id., 354; 8 CA 330; Id., 361; Id., 542; 10 CA 7; Id., 561; Id., 667; 11 CA 11; Id., 140; Id., 540; judgment reversed, see 209 C. 1; 12 CA 427; 14 CA 134; Id., 205; Id., 356; 19 CA 296; Id., 626; 20 CA 168; judgment reversed, see 215 C. 667; Id., 336; 21 CA 210; 22 CA 10; 23 CA 50; Id., 215; Id., 495; 24 CA 115; Id., 438; 25 CA 3; Id., 99; 26 CA 103; Id., 481; judgment reversed, see 224 C. 494; 27 CA 128; Id., 248; Id., 370; Id., 461; Id., 741; 28 CA 508; 29 CA 207; 30 CA 712; Id., 917; 31 CA 669; 32 CA 656; judgment reversed in part, see 232 C. 345; Id., 849; 33 CA 107; Id., 409; Id., 590; 34 CA 492; Id., 557; 36 CA 106; judgment reversed, see 234 C. 78; Id., 710; 37 CA 205. Nothing in language of statute indicating that word “voluntariness” is meant to include claims of right to counsel. Id., 252; judgment reversed, see 236 C. 388. Cited. Id., 561; judgment reversed, see 236 C. 216; 38 CA 8; judgment reversed, see 236 C. 18; Id., 588; 39 CA 82; 40 CA 420; Id., 724; 41 CA 530; Id., 694; Id., 772; 42 CA 589; 43 CA 448; 44 CA 162; Id., 249; 45 CA 32; 46 CA 633. Trial court's exercise of discretion regarding youthful offender status not a claim encompassed by section. 51 CA 539. If defendant understood that, by entering a plea pursuant to statute, the only issue allowed on appeal was whether trial court improperly denied his motion to suppress, then defendant cannot raise other issues on appeal. 55 CA 217. Claim of insufficient evidence is not one of the particular claims that statute permits to be appealed. 67 CA 562. Although defendant's claim is cast as a challenge to court's denials of his motions to suppress and to dismiss, his claim is, in reality, a challenge to court's denial of his motion for disclosure; as such, his claim is not reviewable pursuant to section. 81 CA 492. Determination requirement of section is not a matter of convenience, but rather a matter of substance necessary to achieve the goals of statute, therefore, the requirement is mandatory. 83 CA 700. Statutory requirement that court make a determination that the ruling on a motion to suppress or dismiss would be dispositive of the case is a matter of substance necessary to achieve goals of statute and therefore is mandatory. 87 CA 122. In a matter where state stipulated before trial court that court's ruling on defendant's motion to suppress evidence of prior uncharged misconduct was dispositive of case, the state was estopped from asserting otherwise before Appellate Court, as the state waived any right it may have had to dispute whether trial court was correct in its determination. 104 CA 85. Defendant's appeal did not meet the requirements of section where sole basis for appeal was that the court improperly denied defendant's motion to present the defense of necessity and the court never made the mandatory finding that denial of this motion was dispositive of the case. 161 CA 850.
Conn. Gen. Stat. § 54-260b — Connecticut Code / Title 54 / Chapter 969 / Section 54-260b
Sec. 54-260b. Criminal investigation of registrants using the Internet. Ex parte court order to compel disclosure of basic subscriber information of registrants.
Status: in_force

(1) “Basic subscriber information” means: (A) Name, (B) address, (C) age or date of birth, (D) electronic mail address, instant message address or other similar Internet communication identifier, and (E) subscriber number or identity, including any assigned Internet protocol address;

(2) “Electronic communication” means “electronic communication” as defined in 18 USC 2510, as amended from time to time;

(3) “Electronic communication service” means “electronic communication service” as defined in 18 USC 2510, as amended from time to time;

(4) “Registrant” means a person required to register under section 54-251 , 54-252 , 54-253 or 54-254 ; and

(5) “Remote computing service” means “remote computing service” as defined in section 18 USC 2711, as amended from time to time.

(b) The Commissioner of Emergency Services and Public Protection shall designate a sworn law enforcement officer to serve as liaison between the Department of Emergency Services and Public Protection and providers of electronic communication services or remote computing services to facilitate the exchange of non-personally-identifiable information concerning registrants.

(c) Whenever such designated law enforcement officer ascertains from such exchange of non-personally-identifiable information that there are subscribers, customers or users of such providers who are registrants, such officer shall initiate a criminal investigation to determine if such registrants are in violation of the registration requirements of section 54-251 , 54-252 , 54-253 or 54-254 or of the terms and conditions of their parole or probation by virtue of being subscribers, customers or users of such providers.

(d) Such designated law enforcement officer may request an ex parte order from a judge of the Superior Court to compel a provider of electronic communication service or remote computing service to disclose basic subscriber information pertaining to subscribers, customers or users who have been identified by such provider to be registrants. The judge shall grant such order if the law enforcement officer offers specific and articulable facts showing that there are reasonable grounds to believe that the basic subscriber information sought is relevant and material to the ongoing criminal investigation. The order shall state upon its face the case number assigned to such investigation, the date and time of issuance and the name of the judge authorizing the order. The law enforcement officer shall have any ex parte order issued pursuant to this subsection signed by the authorizing judge within forty-eight hours or not later than the next business day, whichever is earlier.

(e) A provider of electronic communication service or remote computing service shall disclose basic subscriber information to such designated law enforcement officer when an order is issued pursuant to subsection (d) of this section.

(f) A provider of electronic communication service or remote computing service that provides information in good faith pursuant to an order issued pursuant to subsection (d) of this section shall be afforded the legal protections provided under 18 USC 3124, as amended from time to time, with regard to such actions.

See Sec. 53a-261a re location of an offense committed by means of communication transmitted by use of an electronic communication service.
Conn. Gen. Stat. § 54-82t — Connecticut Code / Title 54 / Chapter 961 / Section 54-82t
Sec. 54-82t. Protective services for witness at risk of harm.
Status: in_force

(1) “Witness” means any person who is summoned, or who may be summoned, to give testimony in a criminal proceeding, and includes a member of the immediate family of such person.

(2) “Witness at risk of harm” means a witness who, as a result of cooperating in an investigation or prosecution of a serious felony offense, has been, or is reasonably likely to be, intimidated, harassed, threatened, retaliated against or subjected to physical violence.

(3) “Serious felony offense” means any felony that involves the use, attempted use or threatened use of physical force against another person or results in the serious physical injury or death of another person.

(b) In any investigation or prosecution of a serious felony offense, the prosecutorial official shall review all witnesses to the offense and may identify any witness as a witness at risk of harm. Upon such identification, the prosecutorial official shall then determine whether a witness at risk of harm is critical to a criminal investigation or prosecution. If the witness at risk of harm is determined to be critical to such investigation or prosecution, the prosecutorial official may (1) certify that the witness receive protective services, or (2) if the prosecutorial official finds a compelling need to temporarily relocate the witness, certify that the witness receive protective services including temporary relocation services. In determining whether a witness should receive protective services, the prosecutorial official shall give special consideration to a witness who is a child, elderly or handicapped or otherwise more at risk of being intimidated, harassed, threatened, retaliated against or subjected to physical violence or who is a witness in a case involving organized crime, gang activities or drug trafficking or involving a high degree of risk to the witness.

(c) When a witness is certified as provided in subsection (b) of this section, the Chief State's Attorney shall provide appropriate protective services to such witness. The Chief State's Attorney shall coordinate the efforts of state and local agencies to provide protective services to a witness.

(d) Protective services provided to such witness may include, but are not limited to:

(1) Armed protection, escort, marked or unmarked surveillance or periodic visits or contact by law enforcement officials prior, during or subsequent to the official proceeding;

(2) Temporary physical relocation to an alternate residence;

(3) Housing expenses;

(4) Transportation or storage of personal possessions;

(5) Basic living expenses including, but not limited to, food, transportation, utility costs and health care; or

(6) Other services as needed and approved by the Chief State's Attorney.

(e) Protective services may be provided for the duration of the criminal case or until the risk giving rise to certification has diminished, whichever occurs first.

(f) In addition to the protective services provided pursuant to subsection (d) of this section, the Chief State's Attorney shall provide such witness with (1) information on the responsibilities and risks of being a witness, and (2) the names and telephone numbers of persons to contact if such witness has questions or concerns for such witness's safety, including at least one telephone number that may be called twenty-four hours a day.

(g) If a witness declines to receive protective services under this section, the Chief State's Attorney shall request the witness to make such declination in writing. Such declination shall set forth (1) the type of protective services offered, (2) that the offer of protective services has been explained in detail to the witness, and (3) a telephone number that the witness may call twenty-four hours a day if the witness has concerns for the witness's safety or reconsiders the witness's decision to decline protective services.

(h) If the parent or parents or guardian of a child who is certified as a witness at risk of harm critical to a criminal investigation or prosecution as provided in subsection (b) of this section, declines the provision of protective services under this section, the Office of the Chief State's Attorney shall be notified within twenty-four hours after such declination. Upon receipt of such notice, the Chief State's Attorney shall make reasonable efforts to confer with a victim advocate providing services for the Office of Victim Services and shall, not later than three days after such declination, determine if the matter should be referred to the Department of Children and Families for investigation as to whether such child is neglected, as defined in section 46b-120 , and whether the department should provide protective services or take other action pursuant to chapter 319a or 815t with respect to such child.

(i) The costs of providing protective services to witnesses under this section shall be shared by the state and local agencies providing such services pursuant to the witness protection policy established by the Office of the Chief State's Attorney.

(j) Any record of the Division of Criminal Justice or other governmental agency that, in the reasonable judgment of the Chief State's Attorney or a state's attorney, would disclose or would reasonably result in the disclosure of the identity or location of any person receiving or considered for the receipt of protective services under this section or of law enforcement techniques not otherwise known to the general public that are used in protecting witnesses, shall be confidential and not subject to disclosure under the Freedom of Information Act, as defined in section 1-200 .

(k) The Division of Criminal Justice may utilize the resources of other state agencies in order to provide protective services to witnesses under this section. All offices of the state's attorneys and other agencies requesting assistance under this section shall comply with the provisions of the witness protection policy established by the Office of the Chief State's Attorney.

(l) The Chief State's Attorney, pursuant to his authority under section 51-279 , shall implement the provisions of this section and section 54-82u . The Chief State's Attorney may adopt regulations in accordance with chapter 54 to implement the provisions of this section and section 54-82u .

(m) Not later than November 15, 2001, and annually thereafter, the Chief State's Attorney shall submit a report to the General Assembly on the fiscal and operational status of the program to provide protective services to witnesses under this section.
Conn. Gen. Stat. § 54-142v — Connecticut Code / Title 54 / Chapter 961a / Section 54-142v
Sec. 54-142v. Erasure of record of person for certain cannabis convictions for possession, possession or use of paraphernalia or manufacture or for distribution, sale, prescription, administration or growing of cannabis.
Status: in_force

(2) As part of such petition, such person shall include a copy of the arrest record or an affidavit supporting such person's petition that, in the case of a violation of section 21a-279 , such person possessed four ounces or less of a cannabis-type substance for which such person was convicted, in the case of a violation of subsection (a) of section 21a-267 , such person used or possessed with intent to use such drug paraphernalia only to store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body cannabis or in the case of a violation of subsection (b) of section 21a-277 , such person manufactured, distributed, sold, prescribed, compounded, transported with the intent to sell or dispense, possessed with the intent to sell or dispense, offered, gave or administered to another person less than or equal to four ounces of a cannabis-type substance or six cannabis plants grown inside such person's own primary residence for personal use.

(3) If such petition is in order, the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such offense to be erased pursuant to the provisions of section 54-142a .

(4) No fee may be charged in any court with respect to any petition under this subsection.

(b) The provisions of this section shall not apply to any police or court records or records of the state's or prosecuting attorney pertaining to such offense (1) while the criminal case is pending, or (2) in instances where the case contains more than one count, until the records pertaining to all counts are entitled to erasure, except that when the criminal case is disposed of, electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.

(c) For the purposes of this section, “court records” shall not include a record or transcript of the proceedings made or prepared by an official court reporter, court recording monitor or any other entity designated by the Chief Court Administrator.
Conn. Gen. Stat. § 54-41e — Connecticut Code / Title 54 / Chapter 959a / Section 54-41e
Sec. 54-41e. Statement by panel on issuance of order. Contents of order.
Status: in_force

Cited. 176 C. 17. The remedy of total suppression considered entirely appropriate when execution of wiretap in complete disregard of minimization occurred; minimization requirement discussed. 191 C. 360. Cited. 210 C. 804; Id., 805; 212 C. 485; 224 C. 593; 238 C. 692.

Cited. 5 CA 207; Id., 634; 8 CA 673; 9 CA 182; 16 CA 245.
Conn. Gen. Stat. § 54-33d — Connecticut Code / Title 54 / Chapter 959 / Section 54-33d
Sec. 54-33d. Interference with search.
Status: in_force

Cited. 165 C. 239.

Cited. 11 CA 47; 24 CA 330. Act of clenching mouth shut to avert DNA swab constitutes use of physical force to evade search warrant in violation of section. 144 CA 353.

Cited. 30 CS 211.

Cited. 6 Conn. Cir. Ct. 176.
Conn. Gen. Stat. § 54-152 — Connecticut Code / Title 54 / Chapter 962 / Section 54-152
Sec. 54-152. Allowance to witnesses from another state in criminal prosecutions.
Status: in_force

See Sec. 51-275 for applicable definitions.
Conn. Gen. Stat. § 54-200 — Connecticut Code / Title 54 / Chapter 967 / Section 54-200
Sec. 54-200. When acquittal or conviction not a bar to further complaint.
Status: in_force

Fraudulent procurement of conviction by authorities a bar, as defendant must be personally concerned in such fraud. 26 C. 207. Nature and limitations of doctrine as to former conviction. 65 C. 271. If crimes are distinct, though evidence much the same, it does not apply. 77 C. 201. Acquittal for receiving stolen goods bars prosecution for theft; but discharge on hearing as to probable cause not an acquittal. 83 C. 286.
Conn. Gen. Stat. § 54-102jj — Connecticut Code / Title 54 / Chapter 961 / Section 54-102jj
Sec. 54-102jj. Preservation of biological evidence.
Status: in_force

(1) “DNA testing” means forensic deoxyribonucleic acid testing; and

(2) “Agent” means a person, firm or corporation to whom the state police or a local police department entrusts or delivers evidence to undergo DNA testing.

(b) Upon the conviction of a person of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances under the provisions of section 53a-54b in effect on or after April 25, 2012, or the conviction of a person of a crime after trial, or upon order of the court for good cause shown, the state police, all local police departments, any agent of the state police or a local police department and any other person to whom biological evidence has been transferred shall preserve all biological evidence acquired during the course of the investigation of such crime for the term of such person's incarceration.

(c) The state police, a local police department, an agent or any person to whom biological evidence has been transferred may be relieved of the obligation to preserve biological evidence as provided in subsection (b) of this section by applying to the court in which the defendant's case was prosecuted for permission to destroy such biological evidence. Upon receipt of the application, the court shall give notice to all defendants charged in connection with the prosecution and shall hold a hearing. After such hearing, the court shall grant the application if it finds that the Connecticut Supreme Court has decided the defendant's appeal and the defendant does not seek further preservation of the biological evidence, or for good cause shown.
Conn. Gen. Stat. § 54-240c — Connecticut Code / Title 54 / Chapter 968a / Section 54-240c
Sec. 54-240c. Certification as program participant. Application requirements.
Status: in_force

(1) A statement made under penalty of false statement, as provided in section 53a-157b , that the applicant or the person on whose behalf the application is made (A) is a victim of (i) family violence, (ii) injury or risk of injury to a minor, (iii) kidnapping, (iv) sexual assault, (v) stalking, (vi) trafficking in persons, or (vii) child abuse or neglect, where such abuse or neglect was substantiated by the Department of Children and Families and was the basis for the issuance of a restraining order under section 46b-15 or civil protection order under section 46b-16a , or (B) a termination of parental rights was granted pursuant to section 45a-717 or 46b-129 , and (C) the applicant fears for the safety of the applicant, children living in the applicant's home, person on whose behalf the application is made or children living in the home of the person on whose behalf the application is made;

(2) Documentation supporting the statement made pursuant to subdivision (1) of this section;

(3) A designation of the Secretary of the State as the agent of the applicant or the person on whose behalf the application is made for service of process and for receipt of first class mail;

(4) The residential address in this state, the work and school addresses in this state, if any, and the phone number or numbers, if available, that are to remain confidential, but which may be used by the Secretary of the State or authorized personnel to contact the applicant or the person on whose behalf the application is made; and

(5) The application preparation date, the applicant's signature and the signature of the application assistant who assisted the applicant in completing the application.
Conn. Gen. Stat. § 54-63g — Connecticut Code / Title 54 / Chapter 960 / Section 54-63g
Sec. 54-63g. Appeal from court order re release.
Status: in_force

Appeal from refusal of bail in capital case allowed and new hearing ordered to determine whether case falls in constitutional exception to bail in capital case where proof is evident or presumption great. 159 C. 264. Cited. 222 C. 331; 230 C. 441; 233 C. 44; 237 C. 339; 240 C. 623.

Cited. 9 CA 74; 34 CA 46; 43 CA 851. Existence of statute, a legislatively created remedy, precludes the use of a writ of error to review an order concerning release. 110 CA 653. Petition to Appellate Court under section is exclusive method to challenge order pertaining to bail. 125 CA 775.

Cited. 6 Conn. Cir. Ct. 21, 167, 536, 549.
Conn. Gen. Stat. § 54-125 — Connecticut Code / Title 54 / Chapter 961 / Section 54-125
Sec. 54-125. Parole of prisoner serving indeterminate sentence.
Status: in_force

Cited. 126 C. 220; 145 C. 60; 152 C. 601; 168 C. 389; 169 C. 263; 170 C. 129; 171 C. 691; 172 C. 126; 196 C. 655; 210 C. 519; 213 C. 38, 48. To establish a cognizable claim under the ex post facto clause, habeas petitioner need only make a colorable showing that new law creates a genuine risk that petitioner will be incarcerated longer under the new law than under the old. 258 C. 804. Cited. Id., 830.

Cited. 24 CA 612. Section “creates no protected constitutional or statutory liberty interest in parole release that gives rise to a claim of illegal confinement in a habeas corpus action”. 26 CA 132. Parole eligibility was properly recalculated under 1968 revision of section because Sec. 53a-35 does not apply to crimes committed before October 1, 1971. 133 CA 458.

Cited. 4 CS 365; 25 CS 477; 26 CS 176. Where defendant sentenced as second offender asked review division to reduce his maximum term on ground that parole board had denied him parole, held it is not function of division thus to pass on actions of parole board. Id., 196. Cited. 27 CS 327. Parolee, arrested on another charge, may be held without bail for reasonable time until board can convene, because restraint from violation of law is a condition of release. 29 CS 104. Life sentence reduced in accordance with Sec. 18-7 only. 30 CS 20. Cited. 31 CS 350; 43 CS 13; 44 CS 417.
Conn. Gen. Stat. § 54-76n — Connecticut Code / Title 54 / Chapter 960a / Section 54-76n
Sec. 54-76n. Application of criminal law.
Status: in_force

Cited. 173 C. 414.

Cited. 30 CS 71.
Conn. Gen. Stat. § 54-86p — Connecticut Code / Title 54 / Chapter 961 / Section 54-86p
Sec. 54-86p. Hearing re reliability and admissibility of jailhouse witness testimony in criminal prosecutions.
Status: in_force

(1) The extent to which the jailhouse witness's testimony is confirmed by other evidence;

(2) The specificity of the testimony;

(3) The extent to which the testimony contains details known only by the perpetrator of the alleged offense;

(4) The extent to which the details of the testimony could be obtained from a source other than the defendant; and

(5) The circumstances under which the jailhouse witness initially provided information supporting such testimony to a sworn member of a municipal police department, a sworn member of the Division of State Police within the Department of Emergency Services and Public Protection or a prosecutorial official, including whether the jailhouse witness was responding to a leading question.

(b) If the prosecutorial official fails to make a prima facie showing that the jailhouse witness's testimony is reliable, the court shall not allow the testimony to be admitted.

(c) For the purposes of this section, “jailhouse witness” means jailhouse witness, as defined in section 54-86o .

See Sec. 51-286 re tracking use of testimony by jailhouse witnesses.

Subsec. (a): Trial court misunderstood “information” to include its own prior credibility assessment; trial courts must rely on objective criteria, to which all parties would have access through discovery process, in considering information disclosed pursuant to Sec. 54-86o(a)(5) for purpose of making prima facie reliability determination under Subsec. 349 C. 417.
Conn. Gen. Stat. § 54-96b — Connecticut Code / Title 54 / Chapter 961 / Section 54-96b
Sec. 54-96b. (Formerly Sec. 54-14). Withdrawal of appeal of person committed to community correctional center.
Status: in_force

Annotations to former section 54-14:

Cited. 171 C. 417.

Section by implication may be sufficient to hold that, on the carrying out of sentence, litigation is ended, and a review is precluded. 23 CS 135. Partial execution of sentence by payment of fine does not deprive court of power to open judgment. Id., 179.
Conn. Gen. Stat. § 54-102l — Connecticut Code / Title 54 / Chapter 961 / Section 54-102l
Sec. 54-102l. Expungement of DNA data bank records and destruction of samples.
Status: in_force

(b) The Division of Scientific Services within the Department of Emergency Services and Public Protection shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a certified copy of (1) the court order reversing and dismissing the conviction or the finding of not guilty by reason of mental disease or defect, or (2) the court order dismissing or nolling the charge or acquitting the person of the charge.
Conn. Gen. Stat. § 54-172 — Connecticut Code / Title 54 / Chapter 964 / Section 54-172
Sec. 54-172. Allowance and conditions of bail bond.
Status: in_force

Court may, in its discretion, admit accused to bail pending appeal from dismissal of writ of habeas corpus. 100 C. 297. Under Uniform Criminal Extradition Act, judge may admit to bail a person arrested as a fugitive from another state pending issuance of Governor's warrant in extradition proceeding unless the offense is punishable by death or life imprisonment under law of the demanding state; it is silent, however, concerning authority of court or judge to admit a fugitive to bail after Governor's warrant has been signed. 171 C. 366. Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-56k — Connecticut Code / Title 54 / Chapter 960 / Section 54-56k
Sec. 54-56k. Pretrial account.
Status: in_force

(b) There shall be deposited in the pretrial account (1) all evaluation fees collected pursuant to subsection (a) of section 54-56g and subsection (b) of section 54-56i , (2) all program fees collected pursuant to subsections (c) and (e) of section 54-56g and subsections (g) and (i) of section 54-56i funds appropriated in subsection (a) of section 47 of special act 01-1 of the June special session, (3) fees collected pursuant to subdivision (2) of subsection (b), subdivision (1) of subsection (e) and subparagraph (A) of subdivision (2) of subsection (k) of section 54-56q , and (4) the evaluation fee collected pursuant to subdivision (2) of subsection (b), and fees collected pursuant to subdivision (1) of subsection (f) and subparagraph (A) of subdivision (2) of subsection (m) of section 54-56r .

(c) Amounts in the pretrial account shall be available to fund the cost of operating the pretrial alcohol and drug education programs established under sections 54-56g and 54-56i , the pretrial drug intervention and community service program established under section 54-56q and the pretrial impaired driving intervention program established under section 54-56r .
Conn. Gen. Stat. § 54-1k — Connecticut Code / Title 54 / Chapter 959 / Section 54-1k
Sec. 54-1k. Issuance of protective orders in cases of stalking, harassment, sexual assault, risk of injury to or impairing morals of a child.
Status: in_force

(b) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or (3) entering the dwelling of the victim. A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not limited to, an order enjoining the defendant from injuring or threatening to injure such animal. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: “In accordance with section 53a-223 of the Connecticut general statutes, any violation of this order constitutes criminal violation of a protective order which is punishable by a term of imprisonment of not more than ten years, a fine of not more than ten thousand dollars, or both. Additionally, in accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both. Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release.”.

(c) The information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders pursuant to section 51-5c .

Nothing in section prohibits state from bringing charges for other criminal acts in addition to violation of protective order. 151 CA 590.
Conn. Gen. Stat. § 54-95c — Connecticut Code / Title 54 / Chapter 961 / Section 54-95c
Sec. 54-95c. Application to vacate certain convictions on basis of being a victim of trafficking in persons. Notification to victims of crimes for which vacatur is sought. Prosecutor's response. Court order. Not grounds for an award of compensation.
Status: in_force

(b) Any person seeking to have a judgment vacated pursuant to this section shall send notice by registered or certified mail on a form prescribed by the Office of the Chief Court Administrator to any victim of the crime for which such person was convicted. The notice shall inform each victim that such person has applied to vacate such conviction and the victim has the opportunity to be heard by the court on the application.

(c) Prior to rendering a decision on a defendant's application to vacate any judgment of conviction, the court shall afford the prosecutor a reasonable opportunity to investigate the defendant's claim, and shall provide the victim and the prosecutor an opportunity to be heard regarding the defendant's application.

(d) If the defendant proves that he or she was a victim of trafficking in persons pursuant to section 53a-192a , or a victim of a criminal violation of 18 USC Chapter 77, as amended from time to time, at the time of any offense described in subsection (a) of this section for which the defendant has applied for vacatur, (1) the court shall vacate any judgment of conviction entered for a violation of section 53a-82 and dismiss the charge related to such conviction, and (2) the court may, in its discretion, vacate any judgment of conviction entered for any other misdemeanor offense or a class C, D or E felony or any unclassified felony offense carrying a term of imprisonment of not more than ten years for which the defendant has applied for vacatur pursuant to this section and shall dismiss the charge related to any such conviction.

(e) The vacating of a judgment of conviction and dismissal of charges pursuant to this section shall not constitute grounds for an award of compensation for wrongful arrest, prosecution, conviction or incarceration pursuant to section 54-102uu or any other provision of the general statutes.
Conn. Gen. Stat. § 54-142r — Connecticut Code / Title 54 / Chapter 961a / Section 54-142r
Sec. 54-142r. Availability of data in criminal justice information system. Procedures for obtaining data.
Status: in_force

(b) Any data in said system from an information system of a criminal justice agency, as defined in subsection (b) of section 54-142g , that is available to the public under the provisions of the Freedom of Information Act, as defined in section 1-200 , shall be obtained from the agency from which such data originated. The Commissioner of Emergency Services and Public Protection shall provide to any person who submits a request for such data to the Criminal Justice Information System Governing Board, pursuant to said act, the name and address of the agency from which such data originated.
Conn. Gen. Stat. § 54-46 — Connecticut Code / Title 54 / Chapter 960 / Section 54-46
Sec. 54-46. Prosecution on complaint or information.
Status: in_force

See Sec. 54-56b re right to dismissal or trial on nolle.

See Sec. 54-56c re request for privileged trial status.

Section is constitutional. 60 C. 94; 135 C. 262. Information may be amended after evidence has been offered. 35 C. 319. As to particularity required. 39 C. 230; 93 C. 646. Must charge all essential elements of crime; 72 C. 606; 73 C. 407; thus, specific intent must be charged. 66 C. 250; 80 C. 614; 81 C. 699. Charging offense in words of statute. 66 C. 9; Id., 657; 72 C. 606; 73 C. 18; 80 C. 321; 81 C. 696; 83 C. 304; 97 C. 730, 735; 99 C. 117; or of city ordinance. 60 C. 106; 88 C. 715; 91 C. 68. If effect is to include acts not in purview of statute, it is not sufficient; 82 C. 321; 93 C. 646; a more particular description may limit proof. 80 C. 321. Necessity of negativing exception. 69 C. 198; 88 C. 353. Old rules as to strictness relaxed; 81 C. 696; general rule as to certainty. 85 C. 322. Aider by verdict; 68 C. 512; 81 C. 696; amendable defect not ground for new trial. 80 C. 614. Necessity of identifying person with reference to whom crime is committed; 66 C. 558; of correctly alleging date of crime. 81 C. 98. Alleging matters by legal effect; act of principal as act of agent. 69 C. 86. Allegation of former conviction. 68 C. 512; 94 C. 701; 96 C. 172. Against one as accessory. 82 C. 213. Conspiracy and acts done in pursuance of it may be alleged in one count; 75 C. 206; so keeping disorderly house and one where lewd persons resort, 66 C. 8; so keeping place for registering bets and selling pools. 66 C. 250. Merger defined; is a doctrine of very limited application. 99 C. 114; 108 C. 215. Identity of offenses. Id., 214. Cited. 151 C. 524; 153 C. 325; Id., 451. There is no federal constitutional impediment to dispensing entirely with grand jury in state prosecutions. 155 C. 367. Prosecution by information for infamous crime was not violation of defendant's rights under U.S. Constitution. 156 C. 391. Cited. 159 C. 264; 184 C. 597; 192 C. 671; 202 C. 443; 229 C. 691.

Cited. 22 CS 7. Not a denial of equal protection clause of fourteenth amendment of federal constitution to indict person by an information in larceny case. 25 CS 509.
Conn. Gen. Stat. § 54-76f — Connecticut Code / Title 54 / Chapter 960a / Section 54-76f
Sec. 54-76f. Statements of defendant inadmissible.
Status: in_force

Cited. 173 C. 414.

Cited. 30 CS 71.
Conn. Gen. Stat. § 54-131 — Connecticut Code / Title 54 / Chapter 961 / Section 54-131
Sec. 54-131. Employment of paroled or discharged prisoners. Interviews.
Status: in_force

See Sec. 18-81c re Community Partners in Action.

Cited. 170 C. 129.

Cited. 4 CS 365; 27 CS 327.
Conn. Gen. Stat. § 54-69 — Connecticut Code / Title 54 / Chapter 960 / Section 54-69
Sec. 54-69. Motion of parties to modify conditions of release.
Status: in_force

(b) No hearing upon any such application shall be had until a copy of such application, together with a notice of the time and place of hearing thereon, has been served upon the surety or sureties upon such bond, if any, and upon the appropriate bail commissioner or intake, assessment and referral specialist employed by the Judicial Branch and, in the case of an application by an accused person, upon any such state's attorney, or, in the case of the application by any such state's attorney, upon the accused person.

(c) Notwithstanding the provisions of subsection (b) of this section, a hearing may be had on an application by any such state's attorney without a copy of such application and notice of the hearing being served upon the surety or sureties upon such bond, if any, the appropriate bail commissioner or intake, assessment and referral specialist and the accused person if the accused person is charged with the commission of a family violence crime, as defined in section 46b-38a , or a violation of section 53a-181c , 53a-181d , 53a-181e , 53a-223 , 53a-223a or 53a-223b and is being presented at the next sitting of the Superior Court as required by section 54-1g .

Bond includes recognizance. 110 C. 173. Cited. 140 C. 326; 222 C. 331; 241 C. 413.

Cited. 4 Conn. Cir. Ct. 116.
Conn. Gen. Stat. § 54-125d — Connecticut Code / Title 54 / Chapter 961 / Section 54-125d
Sec. 54-125d. Deportation parole of aliens.
Status: in_force

(b) The Department of Correction shall determine those inmates who shall be referred to the Board of Pardons and Paroles based on intake interviews by the department and standards set forth by the United States Immigration and Naturalization Service for establishing immigrant status.

(c) Notwithstanding the provisions of subdivision (2) of subsection (b) of section 54-125a , any person whose eligibility for parole is restricted under said subdivision shall be eligible for deportation parole under this section after having served fifty per cent of the definite sentence imposed by the court.

(d) Notwithstanding any provision of the general statutes, a sentencing court may refer any person convicted of an offense other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or a class A felony who is an alien to the Board of Pardons and Paroles for deportation under this section.

(e) Any person who is approved for deportation under this section shall have his sentence placed in a hold status for a period of ten years. If the parolee reenters the United States within such ten-year period, he shall be in violation of his parole agreement, the remainder of his sentence shall be reinstated and he shall be ineligible for parole consideration.

(f) Any person approved for deportation parole shall not be eligible for any form of bond whether by the state or the federal government. Any person approved for deportation parole shall be transferred to the United States Immigration and Naturalization Service for deportation in accordance with the agreement entered into pursuant to subsection (a) of this section. Any person approved for deportation parole shall waive all rights to appeal his conviction, extradition and deportation.
Conn. Gen. Stat. § 54-62 — Connecticut Code / Title 54 / Chapter 960 / Section 54-62
Sec. 54-62. Allegation of previous conviction.
Status: in_force

Defects may be cured by verdict. 68 C. 512. Former convictions should be set up in information or complaint. Id.; 94 C. 703; 96 C. 172. Information should be in two parts, each signed by the prosecutor, and the offense charged set out in one part and the prior conviction in another; the plea of accused to entire information should be taken in absence of the jury, and the trial should proceed on the first part only of the information; if a verdict of guilty is rendered, the trial should then proceed on the second part of the information. Id., 171. Cited. 147 C. 296. To prove prior conviction it is necessary to show it by record of valid subsisting final judgment of rendering court. 151 C. 213.

Cited. 45 CA 369.

Cited. 24 CS 362.
Conn. Gen. Stat. § 54-184 — Connecticut Code / Title 54 / Chapter 964 / Section 54-184
Sec. 54-184. Interpretation of chapter.
Status: in_force

Cited. 186 C. 404; 190 C. 631.

Cited. 36 CS 327.
Conn. Gen. Stat. § 54-2a — Connecticut Code / Title 54 / Chapter 959 / Section 54-2a
Sec. 54-2a. Issuance of bench warrants of arrest, subpoenas, capias and other criminal process. Release conditions. Service of court process. Entry of warrants and process into computer system.
Status: in_force

(b) The court, judge or judge trial referee issuing a bench warrant for the arrest of the person or persons complained against shall, in cases punishable by death, life imprisonment without the possibility of release or life imprisonment, set the conditions of release or indicate that the person or persons named in the warrant shall not be entitled to bail and may, in all other cases, set the conditions of release. The conditions of release, if included in the warrant, shall fix the first of the following conditions which the court, judge or judge trial referee finds necessary to assure such person's appearance in court: (1) Written promise to appear; (2) execution of a bond without surety in no greater amount than necessary; or (3) execution of a bond with surety in no greater amount than necessary.

(c) In lieu of a warrant for the rearrest of any defendant who fails to appear for trial at the place and time specified or on any court date thereafter the court, judge or judge trial referee may issue a capias.

(d) All process issued by said court or any judge thereof, or any judge trial referee shall be served by any proper officer, or an indifferent person when specially directed to do so, and shall be obeyed by any and all persons and officers to whom the same is directed or whom it may concern.

(e) Whenever a warrant or other criminal process is issued under this section or section 53a-32 , the court, judge or judge trial referee may cause such warrant or process to be entered into a central computer system in accordance with policies and procedures established by the Chief Court Administrator. Existence of the warrant or other criminal process in the computer system shall constitute prima facie evidence of the issuance of the warrant or process. Any person named in the warrant or other criminal process may be arrested based on the existence of the warrant or process in the computer system and shall, upon any such arrest, be given a copy of the warrant or process.

See Sec. 52-56(d) re execution or service of capias in any precinct by state marshal of any precinct.

See Sec. 54-64b re release following arrest on court warrant.

Cited. 181 C. 562; 187 C. 292; 193 C. 612; 202 C. 443; 205 C. 298; 233 C. 403.

Cited. 27 CA 307.

Cited. 38 CS 377.

Subsec. (b):

Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1.
Conn. Gen. Stat. § 54-102kk — Connecticut Code / Title 54 / Chapter 961 / Section 54-102kk
Sec. 54-102kk. DNA testing of biological evidence.
Status: in_force

(b) After notice to the prosecutorial official and a hearing, the court shall order DNA testing if it finds that:

(1) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA testing;

(2) The evidence is still in existence and is capable of being subjected to DNA testing;

(3) The evidence, or a specific portion of the evidence identified by the petitioner, was never previously subjected to DNA testing, or the testing requested by the petitioner may resolve an issue that was never previously resolved by previous testing; and

(4) The petition before the Superior Court was filed in order to demonstrate the petitioner's innocence and not to delay the administration of justice.

(c) After notice to the prosecutorial official and a hearing, the court may order DNA testing if it finds that:

(1) A reasonable probability exists that the requested testing will produce DNA results which would have altered the verdict or reduced the petitioner's sentence if the results had been available at the prior proceedings leading to the judgment of conviction;

(2) The evidence is still in existence and is capable of being subjected to DNA testing;

(3) The evidence, or a specific portion of the evidence identified by the petitioner, was never previously subjected to DNA testing, or the testing requested by the petitioner may resolve an issue that was never previously resolved by previous testing; and

(4) The petition before the Superior Court was filed in order to demonstrate the petitioner's innocence and not to delay the administration of justice.

(d) The costs of DNA testing ordered pursuant to this section shall be borne by the state or the petitioner, as the court may order in the interests of justice, except that DNA testing shall not be denied because of the inability of the petitioner to pay the costs of such testing.

(e) In a proceeding under this section, the petitioner shall have the right to be represented by counsel and, if the petitioner is indigent, the court shall appoint counsel for the petitioner in accordance with section 51-296 .

Reasonable probability under Subsec. (b)(1) means a probability sufficient to undermine confidence in the outcome; a petitioner may succeed by demonstrating a reasonable probability that he or she would not have been prosecuted or convicted if exculpatory DNA evidence had been available. 295 C. 50. In light of determination that defendant did not establish “reasonable probability” under Subsec. (b), trial court properly denied petition under Subsec. (c). Id., 74. Under Subsec. (b)(1), petitioner was not entitled to DNA testing as there was no reasonable probability that petitioner would not have been prosecuted or convicted if exculpatory DNA test results had been obtained prior to trial because even if the court assumed the most favorable result from DNA testing, it would not have undermined the confidence in the verdict given the strength of the state's case against petitioner. 309 C. 567.

Subsec. (b)(1) requires court to consider the effect of the most favorable result possible from DNA testing of evidence, and in this case, petitioner did not establish a reasonable probability under Subsec. (b)(1) because evidence amply supported conclusion that petitioner, in fact, committed the crimes. 129 CA 833, see also Id., 842. Subsec. (a) requires petitioner to make a preliminary showing supported by a reasonable basis in fact that the evidence sought to be tested likely contains biological material. 131 CA 846.
Conn. Gen. Stat. § 54-53 — Connecticut Code / Title 54 / Chapter 960 / Section 54-53
Sec. 54-53. Release by correctional officials.
Status: in_force

Not permitted to one under sentence for prior offense. K. 260. Sheriff may take bail and release prisoner. 2 D. 11. Not the practice to issue a special order to clerk for commitment of prisoner to jail; there is a continuing order to that effect. 36 C. 251. Bail where state appeals; 65 C. 282; where accused appeals to Supreme Court and sentence is stayed. 71 C. 457. Liabilities on bail bond. 83 C. 688. Nature of act of taking bail; law authorizing clerk to take bail will not permit him to fix amount. 89 C. 301. Application to Supreme Court to admit accused to bail denied; procedure there must be to have finding of facts made by referee unless they are admitted by state's attorney. 109 C. 738. Cited. 140 C. 326. In capital cases, refusal of bail must be restricted to cases where proof is evident or presumption great in accord with Art. I, Sec. 8 of state constitution; burden of proof that proof is evident or presumption great in capital offenses as grounds for refusing bail is on state and not met by fact of grand jury indictment. 159 C. 264.

Only an act of God or an act of law or an act of the obligee excuses a surety whose principal does not appear before court; sleepiness constitutes no reason for relaxation of the law. 23 CS 321.
Conn. Gen. Stat. § 54-64f — Connecticut Code / Title 54 / Chapter 960 / Section 54-64f
Sec. 54-64f. Violation of conditions of release. Imposition of different or additional conditions. Revocation of release.
Status: in_force

(b) Except as provided in subsection (d) of this section, if the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the defendant has violated reasonable conditions imposed on the defendant's release it may impose different or additional conditions upon the defendant's release. If the defendant is on release with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the defendant has violated reasonable conditions of the defendant's release and that the safety of any other person is endangered while the defendant is on release, it may revoke such release. The revocation of a defendant's release pursuant to this subsection shall cause any bond posted in the criminal proceeding to be automatically terminated and the surety to be released.

(c) Except as provided in subsection (d) of this section, if the defendant is a serious firearm offender or is on release with respect to a serious firearm offense as defined in section 53a-3 or the defendant is on release with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the safety of any other person is endangered while the defendant is on release and that there is probable cause to believe that the defendant has committed a federal, state or local crime while on release, there shall be a rebuttable presumption that the defendant's release should be revoked.

(d) If the defendant is a serious firearm offender as defined in section 53a-3 , and is on release with respect to any offense and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by the preponderance of the evidence that there is probable cause to believe that the defendant has committed a serious firearm offense, as defined in section 53a-3 , while on release, or if the defendant is on release with respect to any offense referenced in subsection (c) of section 54-64a and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by the preponderance of evidence that there is probable cause to believe that the defendant has committed a serious firearm offense, the defendant's release shall be revoked.

(e) The revocation of a defendant's release pursuant to this section shall cause any bond posted in the criminal proceeding to be automatically terminated and the surety to be released.

(f) If the defendant commits a serious firearm offense while on pretrial release and is subsequently convicted of any offense for which the defendant was on pretrial release and a serious firearm offense committed while on pretrial release, any bond posted in the criminal proceeding for the offense for which the defendant was on pretrial release shall be forfeited.

See Secs. 53a-222, 53a-222a re criminal penalties for violation of certain conditions of release.

Cited. 220 C. 922; 224 C. 29.

Subsec. (c):

As applied to defendant, statute did not violate right of bail provision of Art. I, Sec. 8 of the Connecticut Constitution, as amended by Art. XVII of the amendments. 222 C. 331.
Conn. Gen. Stat. § 54-176 — Connecticut Code / Title 54 / Chapter 964 / Section 54-176
Sec. 54-176. Governor not to inquire into guilt or innocence of accused.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-108 — Connecticut Code / Title 54 / Chapter 961 / Section 54-108
Sec. 54-108. Duties of probation officers.
Status: in_force

(b) Probation officers shall supervise and enforce all conditions of probation ordered pursuant to section 53a-30 .

(c) Any interference with any probation officer or with any person placed in his charge shall render the person so interfering liable to the provisions of section 53a-167a .

Cited. 207 C. 152. Where, pursuant to a plea bargain, defendant pleads guilty to sexual assault in fourth degree in violation of Sec. 53a-73a and public indecency in violation of Sec. 53a-186, trial court acted within its discretion in permitting Office of Adult Probation to notify members of defendant's community. 250 C. 280.

Cited. 31 CA 660. Section does not provide remedy for failure of probation officer to comply with statute and does not require that defendant's signature be on conditions of probation; section is directory and not mandatory and violation of statute by probation officer does not excuse defendant from requirement that he not violate a condition of probation as long as probation officer advised defendant of conditions of his probation and consequences of violating those conditions. 55 CA 622. Section is directory and not mandatory and violation of section by probation officer does not excuse defendant from requirement that he not violate a condition of probation. 58 CA 153.

Cited. 42 CS 574.
Conn. Gen. Stat. § 54-160 — Connecticut Code / Title 54 / Chapter 964 / Section 54-160
Sec. 54-160. State's attorney and prosecuting attorney to assist Governor.
Status: in_force

Cited. 186 C. 404; 190 C. 631; 234 C. 539.
Conn. Gen. Stat. § 54-76g — Connecticut Code / Title 54 / Chapter 960a / Section 54-76g
Sec. 54-76g. Judgment of youthful offender status.
Status: in_force

Cited. 173 C. 414; 179 C. 98; 190 C. 715.

Cited. 8 CA 607; 21 CA 645.

Cited. 30 CS 71.
Conn. Gen. Stat. § 54-36e — Connecticut Code / Title 54 / Chapter 959 / Section 54-36e
Sec. 54-36e. Firearms and ammunition to be turned over to state police. Sale at public auction.
Status: in_force

(b) Firearms and ammunition turned over to the state police pursuant to subsection (a) of this section which are not destroyed or retained for appropriate use shall be sold at public auctions, conducted by the Commissioner of Administrative Services or said commissioner's designee. Pistols and revolvers, as defined in section 53a-3 , which are antiques, as defined in section 29-33 , or curios or relics, as defined in the Code of Federal Regulations, Title 27, Chapter 1, Part 178, or modern pistols and revolvers which have a current retail value of one hundred dollars or more may be sold at such public auctions, provided such pistols and revolvers shall be sold only to persons who have a valid permit to sell firearms at retail, or a valid permit to carry a pistol or revolver, issued pursuant to section 29-28 . Rifles and shotguns, as defined in section 53a-3 , shall be sold only to persons qualified under federal law to purchase such rifles and shotguns and who have a valid long gun eligibility certificate issued pursuant to section 29-37p . The proceeds of any such sale shall be paid to the State Treasurer and deposited by the State Treasurer in the forfeit firearms account within the General Fund.
Conn. Gen. Stat. § 54-91c — Connecticut Code / Title 54 / Chapter 961 / Section 54-91c
Sec. 54-91c. Testimony of victim or representative of deceased victim prior to acceptance of plea agreement and at sentencing hearing. Terms of proposed plea agreement. Notification by state's attorney.
Status: in_force

(b) Prior to the imposition of sentence upon any defendant who has been found guilty of any crime or has pleaded guilty or nolo contendere to any crime, and prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state, the court shall permit any victim of the crime to appear before the court for the purpose of making a statement for the record, which statement may include the victim's opinion of any plea agreement. In lieu of such appearance, the victim may submit a written statement or, if the victim of the crime is deceased, the legal representative or a member of the immediate family of such deceased victim may submit a statement of such deceased victim to the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case. Such state's attorney, assistant state's attorney or deputy assistant state's attorney shall file the statement with the sentencing court and the statement shall be made a part of the record at the sentencing hearing. Any such statement, whether oral or written, shall relate to the facts of the case, the appropriateness of any penalty and the extent of any injuries, financial losses and loss of earnings directly resulting from the crime for which the defendant is being sentenced. The court shall inquire on the record whether any victim is present for the purpose of making an oral statement or has submitted a written statement. If no victim is present and no such written statement has been submitted, the court shall inquire on the record whether an attempt has been made to notify any such victim as provided in subdivision (1) of subsection (c) of this section or, if the defendant was originally charged with a violation of section 53a-167c for assaulting a peace officer, whether the peace officer has been personally notified as provided in subdivision (2) of subsection (c) of this section. After consideration of any such statements, the court may refuse to accept, where appropriate, a negotiated plea or sentence, and the court shall give the defendant an opportunity to enter a new plea and to elect trial by jury or by the court.

(c) (1) Except as provided in subdivision (2) of this subsection, prior to the imposition of sentence upon such defendant and prior to the acceptance of a plea pursuant to a plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall notify the victim of such crime of the date, time and place of the original sentencing hearing or any judicial proceeding concerning the acceptance of a plea pursuant to a plea agreement, provided the victim has informed such state's attorney, assistant state's attorney or deputy assistant state's attorney that such victim wishes to make or submit a statement as provided in subsection (b) of this section and has complied with a request from such state's attorney, assistant state's attorney or deputy assistant state's attorney to submit a stamped, self-addressed postcard for the purpose of such notification.

(2) Prior to the imposition of sentence upon a defendant originally charged with a violation of section 53a-167c for assaulting a peace officer, and prior to the acceptance of a plea pursuant to a plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall personally notify the peace officer who was the victim of such crime of the date, time and place of the original sentencing hearing or any judicial proceeding concerning the acceptance of a plea pursuant to a plea agreement.

(3) If the state's attorney, assistant state's attorney or deputy assistant state's attorney is unable to notify the victim, such state's attorney, assistant state's attorney or deputy state's attorney shall sign a statement as to such notification.

(d) Upon the request of a victim, prior to the acceptance by the court of a plea of a defendant pursuant to a proposed plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall provide such victim with the terms of such proposed plea agreement in writing. If the terms of the proposed plea agreement provide for a term of imprisonment which is more than two years or a total effective sentence of more than a two-year term of imprisonment, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall indicate: (1) The maximum period of imprisonment that may apply to the defendant; (2) whether the defendant may be eligible to earn risk reduction credits pursuant to section 18-98e ; (3) whether the defendant may be eligible to apply for release on parole pursuant to section 54-125a ; and (4) whether the defendant may be eligible for automatic erasure of such defendant's criminal conviction pursuant to subsection (e) of section 54-142a .

(e) The provisions of this section shall not apply to any proceedings held in accordance with section 46b-121 or section 54-76h .

See Sec. 54-91e re notification of victim through automated system prior to acceptance of plea agreement.

Cited. 9 CA 686; 10 CA 591; 23 CA 431.

Cited. 41 CS 229.
Conn. Gen. Stat. § 54-170 — Connecticut Code / Title 54 / Chapter 964 / Section 54-170
Sec. 54-170. Arrest without warrant.
Status: in_force

Cited. 186 C. 404; 190 C. 631; 193 C. 270.
Conn. Gen. Stat. § 54-76k — Connecticut Code / Title 54 / Chapter 960a / Section 54-76k
Sec. 54-76k. Determination of youthful offender status not to disqualify for office, license, etc.
Status: in_force

Cited. 173 C. 414; 196 C. 122; 240 C. 743.

Cited. 32 CA 687.

Cited. 30 CS 71.
Conn. Gen. Stat. § 54-86l — Connecticut Code / Title 54 / Chapter 961 / Section 54-86l
Sec. 54-86l. Admissibility in criminal or juvenile proceeding of statement by child twelve years of age or younger at time of statement relating to sexual offense or offense involving physical abuse against the child.
Status: in_force

(b) Nothing in this section shall be construed to (1) prevent the admission of any statement under another hearsay exception, (2) allow broader definitions in other hearsay exceptions for statements made by children twelve years of age or younger at the time of the statement concerning any alleged act described in subsection (a) of this section than is done for other declarants, or (3) allow the admission pursuant to the residual hearsay exception of a statement described in subsection (a) of this section.

See Sec. 54-86g re courtroom testimony of child abused or sexually assaulted.
Conn. Gen. Stat. § 54-1o — Connecticut Code / Title 54 / Chapter 959 / Section 54-1o
Sec. 54-1o. Electronic recording of custodial interrogations.
Status: in_force

(1) “Custody” means the circumstance when (A) a person has been placed under formal arrest, or (B) there is a restraint on a person's freedom of movement of the degree associated with a formal arrest and a reasonable person, in view of all the circumstances, would have believed that he or she was not free to leave;

(2) “Interrogation” means questioning initiated by a law enforcement official or any words or actions on the part of a law enforcement official, other than those normally attendant to arrest and custody, that such official should know are reasonably likely to elicit an incriminating response from the person;

(3) “Custodial interrogation” means any interrogation of a person while such person is in custody;

(4) “Place of detention” means a police station or barracks, courthouse, correctional facility, community correctional center or detention facility; and

(5) “Electronic recording” means an audiovisual recording made by use of an electronic or digital audiovisual device.

(b) An oral, written or sign language statement of a person under investigation for or accused of a capital felony or a class A or B felony made as a result of a custodial interrogation at a place of detention shall be presumed to be inadmissible as evidence against the person in any criminal proceeding unless: (1) An electronic recording is made of the custodial interrogation, and (2) such recording is substantially accurate and not intentionally altered.

(c) Every electronic recording required under this section shall be preserved until such time as the person's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted or the prosecution is barred by law.

(d) If the court finds by a preponderance of the evidence that the person was subjected to a custodial interrogation in violation of this section, then any statements made by the person during or following that nonrecorded custodial interrogation, even if otherwise in compliance with this section, are presumed to be inadmissible in any criminal proceeding against the person except for the purposes of impeachment.

(e) Nothing in this section precludes the admission of:

(1) A statement made by the person in open court at his or her trial or at a preliminary hearing;

(2) A statement made during a custodial interrogation that was not recorded as required by this section because electronic recording was not feasible;

(3) A voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the person as a witness;

(4) A spontaneous statement that is not made in response to a question;

(5) A statement made after questioning that is routinely asked during the processing of the arrest of the person;

(6) A statement made during a custodial interrogation by a person who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided an electronic recording is made of the statement by the person agreeing to respond to the interrogator's question only if a recording is not made of the statement;

(7) A statement made during a custodial interrogation that is conducted out-of-state; and

(8) Any other statement that may be admissible under law.

(f) The state shall have the burden of proving, by a preponderance of the evidence, that one of the exceptions specified in subsection (e) of this section is applicable.

(g) Nothing in this section precludes the admission of a statement, otherwise inadmissible under this section, that is used only for impeachment and not as substantive evidence.

(h) The presumption of inadmissibility of a statement made by a person at a custodial interrogation at a place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances.

(i) Any electronic recording of any statement made by a person at a custodial interrogation that is made by any law enforcement agency under this section shall be confidential and not subject to disclosure under the Freedom of Information Act, as defined in section 1-200 , and the information shall not be transmitted to any person except as needed to comply with this section.

Subsec. (h): “Voluntary” is a constitutional term of art in context of admission of statement made by criminal defendant subject to custodial interrogation in place of detention, therefore, trial court's legal determination of voluntariness is not entitled to deference upon review; requirement that state prove unrecorded statement is reliable is not constitutional but evidentiary, therefore, principles governing evidentiary rulings apply upon review; independent, corroborating evidence not required to prove reliability of statement made by criminal defendant subject to custodial interrogation in place of detention. 338 C. 255.
Conn. Gen. Stat. § 54-199 — Connecticut Code / Title 54 / Chapter 967 / Section 54-199
Sec. 54-199. Parent or guardian to accompany minor in court. Representatives of commissioner.
Status: in_force

Since a grand jury is essentially an investigatory body and not a court, the provisions of section are not applicable when minor is to appear before a grand jury; a juvenile defendant shall be accompanied by guardian ad litem if he has one, but appointment of guardian ad litem is not required. 171 C. 644.

Cited. 8 CA 607.

Cited. 4 Conn. Cir. Ct. 413.
Conn. Gen. Stat. § 54-208 — Connecticut Code / Title 54 / Chapter 968 / Section 54-208
Sec. 54-208. Order of payment of compensation. Criminal intent. Circumstances considered. Prosecution not necessary. Amount and manner of payments. Unclaimed award.
Status: in_force

(b) For the purposes of sections 54-201 to 54-218 , inclusive, a person shall be deemed to have intended an act notwithstanding that, by reason of age, insanity, drunkenness or otherwise, such person was legally incapable of forming a criminal intent.

(c) In determining whether to make an order under this section, the Office of Victim Services or, on review, a victim compensation commissioner shall consider all circumstances determined to be relevant, including, but not limited to, provocation, consent or any other behavior of the victim which directly or indirectly contributed to such victim's injury or death, the extent of the victim's cooperation in investigating the application and the extent of the victim's cooperation with law enforcement agencies in their efforts to apprehend and prosecute the offender, and any other relevant matters.

(d) An order may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of such act.

(e) In determining the amount of compensation to be allowed, the Office of Victim Services or, on review, a victim compensation commissioner, shall take into consideration any amounts that the applicant has received or is eligible to receive from any other source or sources, including, but not limited to, payments from state and municipal agencies, insurance benefits, and workers' compensation awards, as a result of the incident or offense giving rise to the application. For the purposes of this section, life insurance benefits received by the applicant shall not be taken into consideration by the Office of Victim Services or a victim compensation commissioner. In a case involving circumstances under which a victim of domestic violence, sexual assault or child abuse, or a claimant in such a case, believes that the dissemination of treatment information associated with a health insurance claim would cause undue harm, the Office of Victim Services may waive the consideration of health insurance as a collateral source.

(f) Payments shall be made in a manner to be determined by the Office of Victim Services, including, but not limited to, lump sum or periodic payments. If an award is not claimed by the applicant within forty-five days after notice of the award, the Office of Victim Services may administratively close such award or may order payments from such award to health care providers or victim service providers and administratively close any remaining amount of such award.
Conn. Gen. Stat. § 54-250 — Connecticut Code / Title 54 / Chapter 969 / Section 54-250
Sec. 54-250. Definitions.
Status: in_force

(1) “Conviction” means a judgment entered by a court upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment.

(2) “Criminal offense against a victim who is a minor” means (A) a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 , subdivision (2) of subsection (a) of section 53a-70 , subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of section 53a-71 , subdivision (3) of subsection (a) of section 53a-72a , subdivision (2) of subsection (a) of section 53a-86 , subdivision (2) of subsection (a) of section 53a-87 , section 53a-90a , 53a-196a , 53a-196b , 53a-196c , 53a-196d , 53a-196e or 53a-196f , (B) a violation of subparagraph (A) of subdivision (9) of subsection (a) of section 53a-71 or section 53a-92 , 53a-92a , 53a-94 , 53a-94a , 53a-95 , 53a-96 or 53a-186 , provided the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, (C) a violation of any of the offenses specified in subparagraph (A) or (B) of this subdivision for which a person is criminally liable under section 53a-8 , 53a-48 or 53a-49 , or (D) a violation of any predecessor statute to any offense specified in subparagraph (A), (B) or (C) of this subdivision the essential elements of which are substantially the same as said offense.

(3) “Identifying factors” means fingerprints, a photographic image, and a description of any other identifying characteristics as may be required by the Commissioner of Emergency Services and Public Protection. The commissioner shall also require a sample of the registrant's blood or other biological sample be taken for DNA (deoxyribonucleic acid) analysis, unless such sample has been previously obtained in accordance with section 54-102g .

(4) “Mental abnormality” means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(5) “Nonviolent sexual offense” means (A) a violation of section 53a-73a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a , or (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8 , 53a-48 or 53a-49 .

(6) “Not guilty by reason of mental disease or defect” means a finding by a court or jury of not guilty by reason of mental disease or defect pursuant to section 53a-13 notwithstanding any pending appeal or habeas corpus proceeding arising from such finding.

(7) “Personality disorder” means a condition as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

(8) “Registrant” means a person required to register under section 54-251 , 54-252 , 54-253 or 54-254 .

(9) “Registry” means a central record system in this state, any other state or the federal government that receives, maintains and disseminates information on persons convicted or found not guilty by reason of mental disease or defect of criminal offenses against victims who are minors, nonviolent sexual offenses, sexually violent offenses and felonies found by the sentencing court to have been committed for a sexual purpose.

(10) “Release into the community” means, with respect to a conviction or a finding of not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony found by the sentencing court to have been committed for a sexual purpose, (A) any release by a court after such conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other sentence under section 53a-28 that does not result in the offender's immediate placement in the custody of the Commissioner of Correction; (B) release from a correctional facility at the discretion of the Board of Pardons and Paroles, by the Department of Correction to a program authorized by section 18-100c or upon completion of the maximum term or terms of the offender's sentence or sentences, or to the supervision of the Court Support Services Division in accordance with the terms of the offender's sentence; or (C) temporary leave to an approved residence by the Psychiatric Security Review Board pursuant to section 17a-587 , conditional release from a hospital for mental illness or a facility for persons with intellectual disability by the Psychiatric Security Review Board pursuant to section 17a-588 , or release upon termination of commitment to the Psychiatric Security Review Board.

(11) “Sexually violent offense” means (A) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70 , except subdivision (2) of subsection (a) of said section, 53a-70a , 53a-71 , except subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of said section or subparagraph (A) of subdivision (9) of subsection (a) of said section if the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, 53a-72a , except subdivision (2) of subsection (a) of said section, or 53a-72b , or of section 53a-92 or 53a-92a , provided the court makes a finding that the offense was committed with intent to sexually violate or abuse the victim, (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8 , 53a-48 or 53a-49 , or (C) a violation of any predecessor statute to any of the offenses specified in subparagraph (A) or (B) of this subdivision the essential elements of which are substantially the same as said offense.

(12) “Sexual purpose” means that a purpose of the defendant in committing the felony was to engage in sexual contact or sexual intercourse with another person without that person's consent. A sexual purpose need not be the sole purpose of the commission of the felony. The sexual purpose may arise at any time in the course of the commission of the felony.

(13) “Employed” or “carries on a vocation” means employment that is full-time or part-time for more than fourteen days, or for a total period of time of more than thirty days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit.

(14) “Student” means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher learning.

Pursuant to Subdiv. (2)(B), trial court retains jurisdiction with respect to the finding of a trigger for registration, even after the rendering of judgment. 264 C. 484.
Conn. Gen. Stat. § 54-130b — Connecticut Code / Title 54 / Chapter 961 / Section 54-130b
Sec. 54-130b. (Formerly Sec. 18-26a). Commutation of punishment and deportation of inmates who are aliens.
Status: in_force

(b) The Board of Pardons and Paroles may grant a commutation of punishment in the case of any person incarcerated in a correctional facility in the state who is an alien and transfer such person to the United States Immigration and Naturalization Service for deportation in accordance with the agreement entered into pursuant to subsection (a) of this section provided such person agrees not to contest his criminal conviction and deportation.
Conn. Gen. Stat. § 54-101 — Connecticut Code / Title 54 / Chapter 961 / Section 54-101
Sec. 54-101. Disposition of person becoming insane after death sentence.
Status: in_force

Statute requires a determination of “sanity” only as a condition precedent to the carrying out of the death penalty, and mandates execution once such a determination is made. 169 C. 13.
Conn. Gen. Stat. § 54-41o — Connecticut Code / Title 54 / Chapter 959a / Section 54-41o
Sec. 54-41o. Reports by state's attorneys.
Status: in_force

(b) In January of each year, the Chief State's Attorney shall make a report to the joint standing committee of the General Assembly having cognizance of matters relating to criminal law and procedure, based upon reports filed with him by each state's attorney covering the prior calendar year. The Chief State's Attorney's report shall include the following information: (1) The number of orders authorizing an interception, and the number of extensions thereof; (2) the number of additional orders granted based upon an emergency situation, and the nature of the emergency; (3) the nature of the particular offense to which each order was directed; (4) a general description of the interception made under each order or extension, including (A) the nature and frequency of incriminating communications intercepted, (B) the nature and frequency of other communications intercepted, (C) the number of persons whose communications were intercepted, and (D) the nature, amount and cost of the manpower and other resources used in the interceptions; (5) the number of arrests resulting from interceptions made under each order or extension, and the offenses for which such arrests were made; (6) the number of trials resulting from such interceptions; (7) the number of motions to suppress made with respect to such interceptions, and the number granted or denied; (8) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and (9) the number of persons who were not named in an order or application for the interception of wire communications and whose communications were intercepted.

Cited. 191 C. 360; 212 C. 485; 238 C. 692.
Conn. Gen. Stat. § 54-254 — Connecticut Code / Title 54 / Chapter 969 / Section 54-254
Sec. 54-254. Registration of person who has committed a felony for a sexual purpose.
Status: in_force

(b) Any person who violates the provisions of this section shall be guilty of a class D felony, except that, if such person violates the provisions of this section by failing to notify the Commissioner of Emergency Services and Public Protection without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.

Court concluded that section is not a sentence enhancement statute; court found that evidentiary hearing is required on issue of whether the crime was committed for a sexual purpose and stated that the fact is to be found by a fair preponderance of the evidence. 69 CA 516.

Subsec. (a):

Order to register as sex offender not required to be based on finding that defendant posed risk of reoffense or danger to public safety but can be based on finding that crime was committed for sexual purpose. 288 C. 582.
Conn. Gen. Stat. § 54-142t — Connecticut Code / Title 54 / Chapter 961a / Section 54-142t
Sec. 54-142t. Automated process for erasure of criminal records. Liability re actions taken in reliance upon criminal history record information. Claims against the state. Request for review of criminal history records for erasure.
Status: in_force

(b) The Commissioner of Emergency Services and Public Protection shall, not later than January 1, 2024, post information on an Internet web site operated by the department, regarding records that are subject to erasure under the provisions of this section, including a list of any section of the general statutes for which a violation of such section may be subject to erasure pursuant to subsection (e) of section 54-142a . The commissioner shall annually review, and if necessary, update such list.

(c) Nothing in this section shall be construed to require the destruction of paper records.

(d) Nothing in the provisions of sections 46a-80a to 46a-80m , inclusive, or sections 8-265c , 8-315 , 10a-6 , 31-51i , 38a-358 , 38a-447 , 46a-51 , 46a-74 , 46a-79 , 46a-80 and 46a-81 of the general statutes, revision of 1958, revised to January 1, 2023, shall be construed to make the state, any state agency, any municipality or any person liable for any action taken on the basis of criminal history record information required to be erased or deemed erased by operation of law if:

(1) Such action is taken in good faith reliance on such criminal history record information;

(2) Such criminal history record information has not yet been marked as erased by the automated system required under this section, or, in the case of a municipality or other person, such erasure marking has not been communicated to such municipality or other person; and

(3) Such action is taken before January 1, 2024.

(e) No person, prior to January 1, 2024, shall have any claim against the state or any state agency for failure to erase a record pursuant to the provisions of this section and subsection (e) of section 54-142a of the general statutes, revision of 1958, revised to January 1, 2023.

(f) On and after January 1, 2024, nothing in the provisions of sections 46a-80a to 46a-80m , inclusive, or sections 8-265c , 8-315 , 10a-6 , 31-51i , 38a-358 , 38a-447 , 46a-51 , 46a-74 , 46a-79 , 46a-80 and 46a-81 shall be construed to make the state, any state agency, any municipality or any person liable for any action taken on the basis of criminal history record information required to be erased or deemed erased by operation of law if within the immediate thirty-day period after such records should have been marked as erased:

(1) Such action is taken in good faith reliance on such criminal history record information; and

(2) Such criminal history record information has not yet been marked as erased by the automated system required under this section, or, in the case of a municipality or other person, such erasure marking has not been communicated to such municipality or other person.

(g) On and after January 1, 2024, if a person (1) believes any of such person's criminal history record information was required to be deemed erased by operation of law pursuant to the provisions of subsection (e) of section 54-142a , and (2) submits a copy of such person's criminal history record information search demonstrating that such criminal history record information has not been marked as erased to the Department of Emergency Services and Public Protection in a form and manner determined by the department, the department shall, following a contested hearing, make a determination on whether such criminal history information should be deemed erased by operation of law. Such determination shall constitute a final decision for the purposes of the provisions of chapter 54.
Conn. Gen. Stat. § 54-173 — Connecticut Code / Title 54 / Chapter 964 / Section 54-173
Sec. 54-173. Discharge or recommitment after expiration of period specified in warrant or bond.
Status: in_force

Cited. 163 C. 394; 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-215 — Connecticut Code / Title 54 / Chapter 968 / Section 54-215
Sec. 54-215. Criminal Injuries Compensation Fund.
Status: in_force

(b) The cost paid into court under section 54-143 shall be deposited in the General Fund and shall be credited to and become a part of the Criminal Injuries Compensation Fund. Any restitution collected by the Court Support Services Division pursuant to section 46b-140 , 53a-30 or 54-56e which is not disbursed within five years after the date such restitution is collected, because the victim could not be located, shall be deposited in the Criminal Injuries Compensation Fund. Any restitution collected pursuant to section 46b-140 or 54-56e on or before May 8, 1997, that has not been disbursed as of October 1, 2003, shall be deposited in the fund. If payment is awarded under section 54-210 and thereafter the court orders the defendant in the criminal case from which such injury or death resulted to make restitution, any money collected as restitution shall be paid to the fund unless the court directs otherwise. The Office of Victim Services may apply for and receive moneys for the fund from any federal, state or private source.

(c) Any administrative costs related to the operation of the Criminal Injuries Compensation Fund, including credits to and payments of compensation therefrom, shall be paid from the fund. Administrative costs of providing direct services, the proportionate share of any fixed costs associated with such services, the costs of providing direct services to victims and witnesses of crimes in accordance with subdivision (5) of subsection (b) of section 54-203 , and any services offered by the Office of Victim Services to witnesses and victims of crime may be budgeted for payment from the fund.
Conn. Gen. Stat. § 54-41q — Connecticut Code / Title 54 / Chapter 959a / Section 54-41q
Sec. 54-41q. Authority of communication common carrier to intercept, disclose or use wire communication.
Status: in_force

(b) It shall not be unlawful under this chapter for an officer, employee or agent of any communications common carrier to provide information or facilities to an investigative officer who, pursuant to this chapter, is authorized to intercept a wire communication.

Cited. 191 C. 360; 212 C. 485.
Conn. Gen. Stat. § 54-142i — Connecticut Code / Title 54 / Chapter 961a / Section 54-142i
Sec. 54-142i. Duties of criminal justice agencies re collection, storage and dissemination of criminal history record information.
Status: in_force

(1) Screen and have the right to reject for employment, based on good cause, all personnel to be authorized to have direct access to criminal history record information;

(2) Initiate or cause to be initiated administrative action that could result in the transfer or removal of personnel authorized to have direct access to such information when such personnel violate the provisions of these regulations or other security requirements established for the collection, storage or dissemination of criminal history record information;

(3) Provide that direct access to computerized criminal history record information shall be available only to authorized officers or employees of a criminal justice agency, and, as necessary, other authorized personnel essential to the proper operation of a criminal history record information system, except that the Judicial Branch may provide disclosable information from its combined criminal and motor vehicle information systems or from its central computer system containing issued warrants and other criminal process as provided in section 54-2a to the public electronically, including through the Internet, in accordance with guidelines established by the Chief Court Administrator;

(4) Provide that each employee working with or having access to criminal history record information shall be made familiar with the substance and intent of the provisions in this section;

(5) Whether manual or computer processing is utilized, institute procedures to assure that an individual or agency authorized to have direct access is responsible for the physical security of criminal history record information under its control or in its custody, and for the protection of such information from unauthorized access, disclosure or dissemination. The State Police Bureau of Identification shall institute procedures to protect both its manual and computerized criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind or other natural or man-made disasters;

(6) Where computerized data processing is employed, institute effective and technologically advanced software and hardware designs to prevent unauthorized access to such information and restrict to authorized organizations and personnel only, access to criminal history record information system facilities, systems operating environments, systems documentation, and data file contents while in use or when stored in a media library; and

(7) Develop procedures for computer operations which support criminal justice information systems, whether dedicated or shared, to assure that: (A) Criminal history record information is stored by the computer in such a manner that it cannot be modified, destroyed, accessed, changed purged, or overlaid in any fashion by noncriminal justice terminals; (B) operation programs are used that will prohibit inquiry, record updates, or destruction of records, from any terminal other than criminal justice system terminals which are so designated; (C) the destruction of records is limited to designated terminals under the direct control of the criminal justice agency responsible for creating or storing the criminal history record information; (D) operational programs are used to detect and store for the output of designated criminal justice agency employees all unauthorized attempts to penetrate any criminal history record information system, program or file; (E) the programs specified in subparagraphs (B) and (D) of this subdivision are known only to criminal justice agency employees responsible for criminal history record information system control or individuals or agencies pursuant to a specific agreement with the criminal justice agency to provide such programs and the programs are kept continuously under maximum security conditions.
Conn. Gen. Stat. § 54-82d — Connecticut Code / Title 54 / Chapter 961 / Section 54-82d
Sec. 54-82d. (Formerly Sec. 54-140). Dismissal of charges on failure to grant prisoner speedy trial.
Status: in_force

Annotations to former section 54-140:

Period of time construed to run from completion of delivery of both request and supplemental information. 149 C. 250. Cited. 171 C. 487; 185 C. 118.

Annotations to present section:

Cited. 194 C. 297; Id., 510; 197 C. 166; 198 C. 573. Failure to bring to trial within time limit prescribed by Sec. 54-82c may be waived; statute affects personal jurisdiction not subject matter jurisdiction. 202 C. 93. Cited. 221 C. 921; 224 C. 163.

Cited. 12 CA 1; 14 CA 244; 20 CA 205; 26 CA 698; 28 CA 195; 29 CA 694; 40 CA 757.
Conn. Gen. Stat. § 54-47e — Connecticut Code / Title 54 / Chapter 960 / Section 54-47e
Sec. 54-47e. Sealing of order and application. Summary of scope of investigation. Disclosure.
Status: repealed

Cited. 202 C. 541; 204 C. 259. Does not apply to disclosure of material accumulated by grand jury investigation convened under authority of repealed Sec. 54-47. 207 C. 98. Cited. 213 C. 66; 221 C. 625. Legislature has vested the grand jury and the panel with discretion to disclose evidence gathered as a result of a grand jury investigation, however section is intended to remove such discretion with respect to the application for investigatory grand jury and the panel's order. 293 C. 247.

Cited. 16 CA 679; 17 CA 395; 20 CA 447. Application for investigatory grand jury and panel's order thereon must be sealed at onset of investigation and remain sealed unless, after investigation and filing of finding and record of investigatory grand jury, a majority of panel deems their disclosure to be in public interest. 104 CA 398; judgment reversed, see 293 C. 247.

Cited. 45 CS 1.
Conn. Gen. Stat. § 54-86j — Connecticut Code / Title 54 / Chapter 961 / Section 54-86j
Sec. 54-86j. Polygraph examination of victims of sexual assault restricted.
Status: in_force

(b) For the purposes of this section, “polygraph” means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test or question individuals for the purpose of determining truthfulness.
Conn. Gen. Stat. § 54-180 — Connecticut Code / Title 54 / Chapter 964 / Section 54-180
Sec. 54-180. Immunity of accused to process in civil action arising from same facts.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-82f — Connecticut Code / Title 54 / Chapter 961 / Section 54-82f
Sec. 54-82f. Voir dire examination.
Status: in_force

Cited. 196 C. 667; 197 C. 314; 200 C. 586; 201 C. 125; 203 C. 506; 204 C. 156; Id., 377; 205 C. 61; 218 C. 309; 222 C. 1; 223 C. 299; 226 C. 237; Id., 618; 230 C. 385, see also 37 CA 801; 233 C. 215; Id., 813; 237 C. 238; Id., 454. Nothing in section requires trial court to permit a party to ascertain prospective jurors' views on specific evidence during voir dire. 269 C. 213. Trial court did not abuse its discretion by precluding defense counsel from asking venirepersons specifically about self-defense. 292 C. 656.

Cited. 10 CA 624; 16 CA 165; Id., 333; 26 CA 165; 30 CA 359; Id., 470; 31 CA 278; judgment reversed, see 230 C. 385, see also 37 CA 801; 38 CA 247; Id., 598; 40 CA 328; 46 CA 600. Purpose of voir dire. 49 CA 41. In a case concerning a male on male, or female on female, sexual assault, relevant questions to venirepersons that delve into prejudices, beliefs and attitudes toward homosexuality should be permitted, but questions relating to the issue of struggling with sexual identity are not permitted as such questions are unrelated to the issues in the case, are not based on undisputed facts and would test the prospective jurors' views of certain facts. 112 CA 694.
Conn. Gen. Stat. § 54-76m — Connecticut Code / Title 54 / Chapter 960a / Section 54-76m
Sec. 54-76m. Age of defendant at time of crime controlling.
Status: in_force

Cited. 173 C. 414.

Cited. 30 CS 71.
Conn. Gen. Stat. § 54-86c — Connecticut Code / Title 54 / Chapter 961 / Section 54-86c
Sec. 54-86c. Disclosure of exculpatory information or material.
Status: in_force

(b) Any state's attorney, assistant state's attorney or deputy assistant state's attorney may request an ex parte in camera hearing before a judge, who shall not be the same judge who presides at the hearing of the criminal case if the case is tried to the court, to determine whether any material or information is exculpatory.

(c) Each peace officer, as defined in subdivision (9) of section 53a-3 , shall disclose in writing any exculpatory information or material which he may have with respect to any criminal investigation to the prosecutorial official in charge of such case.

Cited. 184 C. 258; 189 C. 183; 191 C. 12; 194 C. 258; 197 C. 17; Id., 298; 198 C. 285; 199 C. 207; Id., 399; 201 C. 517; 206 C. 512; 209 C. 143; 212 C. 387; 221 C. 264; 229 C. 716.

Cited. 14 CA 586; 17 CA 525; 22 CA 329; 24 CA 57; Id., 195; 34 CA 58; judgment reversed, see 232 C. 537; 36 CA 417; 38 CA 777.

Cited. 36 CS 89; 42 CS 291. Police officer lied in investigation of incident and therefore violated public policy; arbitration panel, in reinstating the police officer, violated this public policy. 50 CS 180.
Conn. Gen. Stat. § 54-157 — Connecticut Code / Title 54 / Chapter 964 / Section 54-157
Sec. 54-157. Definitions.
Status: in_force

Annotations to former statute:

One who escapes from imprisonment considered still to be “charged with crime” within meaning of statute. 68 C. 441; 105 C. 374. What crimes included. 84 C. 370; 92 C. 542; 100 C. 292; 105 C. 374; 109 C. 404. One residing in Connecticut as a paroled prisoner of California is not immune from liability to extradition by Michigan for a crime committed there. 105 C. 374.

Annotations to present section:

Cited. 186 C. 404; 190 C. 631.

Cited. 26 CA 254.
Conn. Gen. Stat. § 54-142s — Connecticut Code / Title 54 / Chapter 961a / Section 54-142s
Sec. 54-142s. State-wide information technology system for sharing of criminal justice information.
Status: in_force

(b) Such information technology system shall include, without limitation, a central tracking and information database, a central electronic document repository and centralized analytical tools, as provided in subsections (c) to (e), inclusive, of this section, all of which shall be developed with state-of-the-art technology, as provided in subsection (f) of this section, and such other components or elements as are determined to be appropriate or necessary by the board after development of a plan for the design and implementation of such system.

(c) Such information technology system shall include a central, integrated criminal justice tracking and information database that provides:

(1) Complete biographical information and vital statistics for all offenders and former offenders still living; and

(2) Tracking information for all offenders in the criminal justice system, from investigation through incarceration and release, and seamless integration with any electronic monitoring systems, global positioning systems and any offender registries.

(d) Such information technology system shall include a central, integrated electronic repository of criminal justice records and documents that provides:

(1) Access to all state and local police reports, presentence investigations and reports, psychological and medical reports, criminal records, incarceration and parole records, and court records and transcripts, whether such records and documents normally exist in electronic or hard copy form; and

(2) Access to scanning and processing facilities to ensure that such records and documents are integrated into the system and updated immediately.

(e) Such information technology system shall include centralized analytical tools, bundled together in a custom-designed enterprise system that includes:

(1) Analytical tools that empower and enhance criminal case assessment, sentencing and plea agreement analysis and pardon, parole, probation and release decisions;

(2) Analytical tools that empower and enhance forecasting concerning recidivism and future offenses for each individual offender; and

(3) Collaborative functionality that enables seamless cross-department communication, information exchange, central note-taking and comment capabilities for each offender.

(f) Such information technology system shall be developed with state-of-the-art relational database technology and other appropriate software applications and hardware, and shall be:

(1) Completely accessible by any authorized criminal justice official through the Internet;

(2) Completely integrated with the state police, organized local police departments, law enforcement agencies and such other agencies and organizations as the governing board deems necessary and appropriate, and their information systems and database applications;

(3) Indexed and cross-referenced by offender name, residence, community, criminal offense and any other data points necessary for the effective administration of the state's criminal justice system;

(4) Fully text searchable for all records;

(5) Secure and protected by high-level security and controls;

(6) Accessible to the public subject to appropriate privacy protections and controls; and

(7) Monitored and administered by the Criminal Justice Information Systems Governing Board, with the assistance of the Department of Administrative Services, provided major software and hardware needs may be provided and serviced by private, third-party vendors.

(g) Any third-party vendor or contractor of criminal justice-related record management systems, assisting in the design and implementation of the state-wide information technology system pursuant to this section, that requires access to criminal history record information maintained on the state's criminal justice information technology system shall, prior to being allowed to access such information, obtain written approval from the Criminal Justice Information System Governing Board to access such information in the manner prescribed by said board. Any contract, subcontract or amendment to a contract or subcontract entered into by the Criminal Justice Information System Governing Board and a third-party vendor or contractor concerning criminal justice-related record management systems shall include specifications established by said board that ensure that all policies, procedures, processes and control systems, including hardware, software and protocols that are provided by the third-party vendor or contractor are compatible with, and support, the state's criminal justice information technology system.

(h) Not later than January first, annually, the Criminal Justice Information System Governing Board shall report, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and appropriations and the budgets of state agencies concerning the status of the design and implementation of such information technology system. In conjunction with the report, the board shall also make a presentation to said committees during the ensuing regular session concerning the status of the design and implementation of such information technology system and a specific itemization of the additional resources, if any, that are needed to achieve such design and implementation.
Conn. Gen. Stat. § 54-102b — Connecticut Code / Title 54 / Chapter 961 / Section 54-102b
Sec. 54-102b. HIV testing of persons convicted of certain sexual offenses.
Status: in_force

(b) The provisions of sections 19a-581 to 19a-585 , inclusive, and section 19a-590 , except the requirement that the subject of an HIV-related test provide informed consent prior to the performance of such test, shall apply to a test ordered under this section.

(c) For the purposes of this section and section 19a-112b , “sexual act” means contact between the penis and the vulva or the penis and the anus, where such contact involving the penis occurs upon penetration, however slight, or contact between the mouth and the penis, the mouth and the vulva or the mouth and the anus.
Conn. Gen. Stat. § 54-92a — Connecticut Code / Title 54 / Chapter 961 / Section 54-92a
Sec. 54-92a. (Formerly Sec. 54-120). Commitment to custody of Commissioner of Correction.
Status: in_force

Annotations to former section 54-120:

Cited. 99 C. 120; 115 C. 597. Where the maximum sentence for an offense is imprisonment for 1 year, it cannot be to the state prison. Id., 603. Before section was adopted, most criminal statutes specified whether imprisonment should be in jail or state prison. 127 C. 720. Cited. 152 C. 470; 153 C. 208.

Cited. 23 CS 296; 30 CS 71.
Conn. Gen. Stat. § 54-65 — Connecticut Code / Title 54 / Chapter 960 / Section 54-65
Sec. 54-65. Procedure when surety believes principal intends to abscond. Application for release of surety from bond if principal absconds.
Status: in_force

(b) If the principal of a surety in a recognizance in criminal proceedings absconds, such surety may apply, prior to six months after the date the bond is ordered forfeited, to a judge of the Superior Court to be released from such bond. The judge may release such surety from such bond for good cause shown.

Right of person giving bail to retake prisoner; arrest of prisoner in another state no defense to action on hand. 16 Wall. 371; 160 U.S. 246. Cited. 140 C. 326; 175 C. 149. Has no application to facts of case. 199 C. 537.
Conn. Gen. Stat. § 54-82h — Connecticut Code / Title 54 / Chapter 961 / Section 54-82h
Sec. 54-82h. Alternate jurors in criminal cases. Peremptory challenges.
Status: in_force

(b) Alternate jurors shall be sworn separately from those constituting the regular panel, and the oaths to be administered shall be as provided in section 1-25 .

(c) Alternate jurors shall attend at all times upon trial of the cause. They shall be seated when the case is on trial with or near the jurors constituting the regular panel, with equal opportunity to see and hear all matters adduced in the trial of the case. If, at any time, any juror shall, for any reason, become unable to further perform the duty of a juror, the court may excuse such juror and, if any juror is so excused or dies, the court may order that an alternate juror who is designated by lot to be drawn by the clerk shall become a part of the regular panel and the trial or deliberation shall then proceed with appropriate instructions from the court as though such juror had been a member of the regular panel from the time when the trial or deliberation began. If the alternate juror becomes a member of the regular panel after deliberations began, the jury shall be instructed by the court that deliberations by the jury shall begin anew. A juror who has been selected to serve as an alternate shall not be segregated from the regular panel except when the case is given to the regular panel for deliberation at which time such alternate juror may be dismissed from further service on said case or may remain in service under the direction of the court.

See Sec. 51-243 re alternate jurors in civil cases.

Cited. 190 C. 219; 195 C. 421; 200 C. 615; 209 C. 564; 223 C. 299; 226 C. 618; 233 C. 813.

Cited. 7 CA 503; 8 CA 158; 34 CA 58; judgment reversed, see 232 C. 537; 35 CA 541; 36 CA 631; 38 CA 231; 41 CA 831.

Subsec. (a):

Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1.

Subsec. (c):

Cited. 199 C. 163; 216 C. 367; 231 C. 235. Statute requires alternate jurors to be dismissed after commencement of jury deliberations and substitution of alternate juror after commencement of deliberations is prohibited; substitution of alternate juror after commencement of deliberations in violation of statute is not harmless error. 254 C. 472. Statute now explicitly permits substitution of a juror after deliberations have begun. 257 C. 192. Process for selecting and dismissing alternate jurors, including under Subsec., does not implicate constitutional rights. 272 C. 432. Trial court could not reconsider its decision to dismiss juror once it had communicated its decision to her since such communication caused her to lose her status as a juror and she was no longer qualified to participate in the remainder of the proceedings. 303 C. 378.

Judgments of conviction reversed due to substitution of two nonjurors, formerly alternate jurors who were dismissed by trial court after deliberations had begun, for regular jurors in the jury by the trial court. 67 CA 734. Defendant's constitutional right to fair trial before jury drawn from a fair cross-section of the community was not violated where trial court excused alternate juror for financial hardship after deliberations had begun. 110 CA 263. Section not violated when court, after learning that an unidentified and unauthorized person permitted sick juror to leave courthouse, excused such juror and replaced her with an alternate juror because, for purposes of section, such juror was not excused from jury service when unidentified person permitted her to leave, but after court heard from counsel and decided to replace her with an alternate juror. 166 CA 304. Trial court not obligated to state on the record the diagnosis or medical condition of a juror who has been excused, or describe such juror's current physical condition or detail what medical treatment or intervention was necessary. 168 CA 321.
Conn. Gen. Stat. § 54-102dd — Connecticut Code / Title 54 / Chapter 961 / Section 54-102dd
Sec. 54-102dd. Inmates with infectious tuberculosis required to be isolated. Persons exposed encouraged to be tested.
Status: in_force

(b) If an inmate found to have infectious tuberculosis is believed, based on subsequent investigation, to have exposed visitors or employees to tuberculosis, efforts shall be made to inform such persons and encourage such persons to have an evaluation for tuberculosis infection.
Conn. Gen. Stat. § 54-89a — Connecticut Code / Title 54 / Chapter 961 / Section 54-89a
Sec. 54-89a. Court to inform jury on consequences of a finding of not guilty by reason of mental disease or defect.
Status: in_force

Cited. 208 C. 125; 230 C. 183.

Cited. 10 CA 50. Section enacted in derogation of common law and is to be construed narrowly; court's instructions satisfied section where effect was to inform jury of consequences of a successful insanity defense and to allay jurors' fears that defendant could be released while a danger to society. 50 CA 312.
Conn. Gen. Stat. § 54-76i — Connecticut Code / Title 54 / Chapter 960a / Section 54-76i
Sec. 54-76i. Court powers over person of defendant.
Status: in_force

Cited. 173 C. 414.

Cited. 30 CS 71.
Conn. Gen. Stat. § 54-123d — Connecticut Code / Title 54 / Chapter 961 / Section 54-123d
Sec. 54-123d. Establishment of alternative incarceration center providing mental health services.
Status: in_force

(b) A full range of mental health services shall, within available appropriations, be provided to the program participants. A clinical coordinator shall work with the director of the alternative incarceration center in facilitating timely access to appropriate services and shall develop a network of community, social and vocational rehabilitation supports that will enhance successful program participation and long-term community integration.
Conn. Gen. Stat. § 54-86d — Connecticut Code / Title 54 / Chapter 961 / Section 54-86d
Sec. 54-86d. Nondisclosure of address and telephone number by victims of certain crimes.
Status: in_force

Cited. 8 CA 387; 20 CA 115.

Cited. 42 CS 291.
Conn. Gen. Stat. § 54-56h — Connecticut Code / Title 54 / Chapter 960 / Section 54-56h
Sec. 54-56h. Consideration of defendant's contribution to Criminal Injuries Compensation Fund or of community service work hours. Payment of monetary contribution to fund.
Status: in_force

(b) In entering a nolle prosequi, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case may consider the fact that the defendant has made a monetary contribution to the Criminal Injuries Compensation Fund or a contribution of community service work hours to a private nonprofit charity or other nonprofit organization.

(c) A monetary contribution made by a defendant to the Criminal Injuries Compensation Fund as provided in this section may be paid to either the clerk of the court or the Office of Victim Services.
Conn. Gen. Stat. § 54-220 — Connecticut Code / Title 54 / Chapter 968 / Section 54-220
Sec. 54-220. Victim advocates. Responsibilities and duties. Access to police reports.
Status: in_force

(b) Notwithstanding any provision of the general statutes, upon request, a victim advocate shall be provided with a copy of any police report in the possession of the state's attorney, the Division of State Police within the Department of Emergency Services and Public Protection, any municipal police department or any other law enforcement agency that the victim advocate requires to perform the responsibilities and duties set forth in subsection (a) of this section.

(c) Within available appropriations, the Office of Victim Services may contract with any public or private agency for victim advocate services in geographical area courts.
Conn. Gen. Stat. § 54-125f — Connecticut Code / Title 54 / Chapter 961 / Section 54-125f
Sec. 54-125f. Pilot zero-tolerance drug supervision program.
Status: in_force

(b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, and (3) comply with all rules established by the halfway house if detained in such facility.

(c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant may be detained in a halfway house facility for a period of two days.

(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Board of Pardons and Paroles shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant may be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released and the fee, if paid by the participant, shall be refunded to the participant.

(e) If at any time during participation in the zero-tolerance drug supervision program, the chairman of the Board of Pardons and Paroles determines that the public safety will be served by the incarceration of a participant, such participant may be returned to a correctional facility.

See Sec. 18-100e re pilot zero-tolerance drug supervision program established by Commissioner of Correction.
Conn. Gen. Stat. § 54-142g — Connecticut Code / Title 54 / Chapter 961a / Section 54-142g
Sec. 54-142g. Definitions.
Status: in_force

(a) “Criminal history record information” means court records and information compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender notations of arrests, releases, detentions, indictments, informations, or other formal criminal charges or any events and outcomes arising from those arrests, releases, detentions, including pleas, trials, sentences, appeals, incarcerations, correctional supervision, paroles and releases; but does not include intelligence, presentence investigation, investigative information or any information which may be disclosed pursuant to subsection (f) of section 54-63d .

(b) “Criminal justice agency” means any court with criminal jurisdiction, the Department of Motor Vehicles or any other governmental agency created by statute which is authorized by law and engages, in fact, as its principal function in activities constituting the administration of criminal justice, including, but not limited to, organized municipal police departments, the Division of Criminal Justice, the Department of Emergency Services and Public Protection, including the Division of State Police, the Department of Correction, the Court Support Services Division, the Office of Policy and Management, the state's attorneys, assistant state's attorneys and deputy assistant state's attorneys, the Board of Pardons and Paroles, the Chief Medical Examiner and the Office of the Victim Advocate. “Criminal justice agency” includes any component of a public, noncriminal justice agency if such component is created by statute and is authorized by law and, in fact, engages in activities constituting the administration of criminal justice as its principal function.

(c) “Conviction information” means criminal history record information which has not been erased, as provided in section 54-142a , and which discloses that a person has pleaded guilty or nolo contendere to, or was convicted of, any criminal offense, and the terms of the sentence.

(d) “Current offender information” means information on the current status and location of all persons who (1) are arrested or summoned to appear in court; (2) are being prosecuted for any criminal offense in Superior Court; (3) have an appeal pending from any criminal conviction; (4) are detained or incarcerated in any correctional facility in this state; or (5) are subject to the jurisdiction or supervision of any probation, parole or correctional agency in this state, including persons transferred to other states for incarceration or supervision.

(e) “Nonconviction information” means (1) criminal history record information that has been “erased” pursuant to section 54-142a ; (2) information relating to persons granted youthful offender status; (3) continuances which are more than thirteen months old. Nonconviction information does not mean conviction information or current offender information.

(f) “Disclosure” means the communication of information to any person by any means.

(g) “Dismissal” means (1) prosecution of the charge against the accused was declined pursuant to rules of court or statute; or (2) the judicial authority granted a motion to dismiss pursuant to rules of court or statute; or (3) the judicial authority found that prosecution is no longer possible due to the limitations imposed by section 54-193 .

Cited. 183 C. 183; 186 C. 153, 158.

Cited. 40 CA 705; judgment reversed, see 240 C. 590; 41 CA 649.
Conn. Gen. Stat. § 54-47b — Connecticut Code / Title 54 / Chapter 960 / Section 54-47b
Sec. 54-47b. Investigatory grand jury. Definitions.
Status: in_force

(1) “Applicant” means any judge of the Superior Court, Appellate Court or Supreme Court, the Chief State's Attorney or a state's attorney who makes an application to a panel of judges for an investigation into the commission of a crime or crimes.

(2) “Crime or crimes” means (A) any crime or crimes involving corruption in the executive, legislative or judicial branch of state government or in the government of any political subdivision of the state, (B) fraud by a vendor of goods or services in the medical assistance program under Title XIX of the Social Security Act Amendments of 1965, as amended, (C) any violation of chapter 949c, (D) any violation of the election laws of the state, (E) any felony involving the unlawful use or threatened use of physical force or violence committed with the intent to intimidate or coerce the civilian population or a unit of government, and (F) any other class A, B or C felony or any unclassified felony punishable by a term of imprisonment in excess of five years for which the Chief State's Attorney or state's attorney demonstrates that he or she has no other means of obtaining sufficient information as to whether a crime has been committed or the identity of the person or persons who may have committed a crime.

(3) “Investigatory grand jury” means a judge, constitutional state referee or any three judges of the Superior Court, other than a judge designated by the Chief Justice to serve on the panel, appointed by the Chief Court Administrator to conduct an investigation into the commission of a crime or crimes.

(4) “Panel of judges” or “panel” means a panel of three Superior Court judges designated by the Chief Justice of the Supreme Court from time to time to receive applications for investigations into the commission of crimes in accordance with the provisions of sections 54-47a to 54-47h , inclusive, one of whom may be the Chief Court Administrator.

Cited. 202 C. 541; 204 C. 259; 207 C. 98; 213 C. 66; 221 C. 625.

Cited. 16 CA 679; 17 CA 395; 20 CA 447.

Cited. 45 CS 1.