Conn. Gen. Stat. § 54-56l — Connecticut Code / Title 54 / Chapter 960 / Section 54-56l
Sec. 54-56l. Pretrial supervised diversionary program for persons with psychiatric disabilities and veterans.
Status: in_force

(b) A person shall be ineligible to participate in such supervised diversionary program if such person (1) is ineligible to participate in the pretrial program for accelerated rehabilitation under subsection (c) of section 54-56e , except if a person's ineligibility is based on the person's being eligible for the pretrial family violence education program established under section 46b-38c , the court may permit such person to participate in the supervised diversionary program if it finds that the supervised diversionary program is the more appropriate program under the circumstances of the case, or (2) has twice previously participated in such supervised diversionary program.

(c) Upon application by any such person for participation in such program, the court shall, but only as to the public, order the court file sealed, provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury, that such person has not had such program invoked in such person's behalf more than once. Court personnel shall provide notice, on a form prescribed by the Office of the Chief Court Administrator, to any victim of such crime or motor vehicle violation, by registered or certified mail, that such person has applied to participate in the program and that such victim has an opportunity to be heard by the court on the matter.

(d) The court shall refer such person to the Court Support Services Division for confirmation of eligibility and assessment of the person's mental health condition. The prosecuting attorney shall provide the division with a copy of the police report in the case to assist the division in its assessment. The division shall determine if the person is amenable to treatment and if appropriate community supervision, treatment and services are available. If the division determines that the person is amenable to treatment and that appropriate community supervision, treatment and services are available, the division shall develop a treatment plan tailored to the person and shall present the treatment plan to the court.

(e) Upon confirmation of eligibility and consideration of the treatment plan presented by the Court Support Services Division, the court may grant the application for participation in the program. If the court grants the application, such person shall be referred to the division. The division may collaborate with the Department of Mental Health and Addiction Services, the Department of Veterans Affairs or the United States Department of Veterans Affairs, as applicable, to place such person in a program that provides appropriate community supervision, treatment and services. The person shall be subject to the supervision of a probation officer who has a reduced caseload and specialized training in working with persons with psychiatric disabilities.

(f) The Court Support Services Division shall establish policies and procedures to require division employees to notify any victim of the person admitted to the program of any conditions ordered by the court that directly affect the victim and of such person's scheduled court appearances with respect to the case.

(g) Any person who enters the program shall agree: (1) To the tolling of the statute of limitations with respect to such crime or violation; (2) to a waiver of such person's right to a speedy trial; and (3) to any conditions that may be established by the division concerning participation in the supervised diversionary program including conditions concerning participation in meetings or sessions of the program.

(h) If the Court Support Services Division informs the court that such person is ineligible for the program and the court makes a determination of ineligibility or if the division certifies to the court that such person did not successfully complete the assigned program, the court shall order the court file to be unsealed, enter a plea of not guilty for such person and immediately place the case on the trial list.

(i) If such person satisfactorily completes the assigned program, such person may apply for dismissal of the charges against such person and the court, on reviewing the record of such person's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If such person does not apply for dismissal of the charges against such person after satisfactorily completing the assigned program, the court, upon receipt of the record of such person's participation in such program submitted by the Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Except as provided in subsection (j) of this section, upon dismissal, all records of such charges shall be erased pursuant to section 54-142a . An order of the court denying a motion to dismiss the charges against a person who has completed such person's period of probation or supervision or terminating the participation of a person in such program shall be a final judgment for purposes of appeal.

(j) The Court Support Services Division shall develop and maintain a database of information concerning persons admitted to the supervised diversionary program that shall be available to the state police and organized local police departments for use by sworn police officers when responding to incidents involving such persons. Such information shall include the person's name, date of birth, Social Security number, the violation or violations with which the person was charged, the dates of program participation and whether a deadly weapon or dangerous instrument was involved in the violation or violations for which the program was granted. The division shall enter such information in the database upon such person's entry into the program, update such information as necessary and retain such information for a period of five years after the date of such person's entry into the program.

(k) The Court Support Services Division, in consultation with the Department of Mental Health and Addiction Services, shall develop standards and oversee appropriate treatment programs to meet the requirements of this section and may contract with service providers to provide such programs.

(l) The Court Support Services Division shall retain the police report provided to it by the prosecuting attorney and the record of supervision including the dates of supervision and shall provide such information to the court, prosecuting attorney and defense counsel whenever a court is considering whether to grant an application by such person for participation in the supervised diversionary program for a second time.
Conn. Gen. Stat. § 54-48 — Connecticut Code / Title 54 / Chapter 960 / Section 54-48
Sec. 54-48. Reward for arrest of capital offender or felon.
Status: in_force

Does not recompense one who had wholly performed before the offer was made. 143 C. 462.
Conn. Gen. Stat. § 54-56p — Connecticut Code / Title 54 / Chapter 960 / Section 54-56p
Sec. 54-56p. Program for young persons charged with a motor vehicle violation or alcohol-related offense.
Status: in_force

(b) This section shall not be applicable to any person (1) who, at the time of the motor vehicle violation, holds a commercial driver's license or commercial learner's permit or is operating a commercial motor vehicle, as defined in section 14-1 , or (2) charged with a motor vehicle violation causing serious injury or death, a motor vehicle violation classified as a felony unless good cause is shown, or a violation of section 14-227a , 14-227g or 14-296aa .

(c) The court shall refer such person to the Court Support Services Division of the Judicial Branch for confirmation of eligibility of such person. Such program shall provide a nonconfrontational forum for such defendants to hear from victims who have been affected by underage drinking, drunk driving, distracted driving or other motor vehicle violations. Such program shall be approved by the Court Support Services Division conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or drugs or both. Such organization may assess a participation fee of not more than fifty dollars on any defendant required by the court to participate in such program.

(d) Such organization shall report whether the defendant satisfactorily completed the program to the Court Support Services Division. If the defendant satisfactorily completed the program, not later than nine months after the date on which the program was invoked pursuant to subsection (a) of this section, the charges against the defendant shall be dismissed. If the defendant does not satisfactorily complete the program not later than nine months after the invocation of such program, the charges against the defendant shall be reinstated.
Conn. Gen. Stat. § 54-86e — Connecticut Code / Title 54 / Chapter 961 / Section 54-86e
Sec. 54-86e. Confidentiality of identifying information pertaining to victims of certain crimes. Availability of information to accused. Protective order information to be entered in registry.
Status: in_force

Cited. 230 C. 43; 233 C. 403; 235 C. 145.

Cited. 8 CA 387; 20 CA 115; 26 CA 81; 37 CA 534; 39 CA 742; 46 CA 810. Statutory protection against disclosure of identities of sexual assault victims not limited to prosecutions for sexual assault and may be applied to protect victim's identity in a related witness tampering trial. 84 CA 48.

Cited. 42 CS 291.
Conn. Gen. Stat. § 54-95 — Connecticut Code / Title 54 / Chapter 961 / Section 54-95
Sec. 54-95. Appeal by defendant in criminal prosecution; stay of execution.
Status: in_force

(b) When such defendant is convicted and sentenced to a term of imprisonment and, within two weeks after final judgment, files with the clerk of the court wherein the conviction was had an appeal to the Supreme Court or gives oral or written notice of his intention to appeal to said court or to petition for a new trial, the appeal or the notice shall operate as a stay of execution pending the final determination of the case, provided the defendant is admitted to bail, except the appeal or the notice shall not operate as a stay of execution, if within five days after the filing of the appeal or notice thereof, the judge before whom the criminal prosecution was tried directs in writing that the appeal or the notice shall not operate as a stay of execution. Such order shall be accompanied by a written statement of the judge's reasons for denying the stay of execution. The order and the statement shall become a part of the files and record of the case. If any defendant has been admitted to bail following an oral or written notice of intent to appeal or petition for a new trial and such defendant has failed, within twenty days after the judgment from which the appeal is to be taken, or such further period as the court may grant, to perfect the appeal or petition, a mittimus for his arrest shall issue. If any defendant is imprisoned after sentencing and before he is admitted to bail, such period of imprisonment shall be counted toward satisfaction of his sentence. If any defendant is admitted to bail and subsequently surrendered and remitted to custody while his appeal is pending, the period of imprisonment following thereafter shall be counted toward satisfaction of his sentence.

(c) In any criminal prosecution in which the defendant has been sentenced to death and has taken an appeal to the Supreme Court of this state or the Supreme Court of the United States or brought a writ of error, writ of certiorari or petition for a new trial, the taking of the appeal, the making of the application for a writ of certiorari or the return into court of the writ of error or petition for a new trial shall, unless, upon application by the state's attorney and after hearing, the Supreme Court otherwise orders, stay the execution of the death penalty until the clerk of the court where the trial was had has received notification of the termination of any such proceeding by decision or otherwise, and for thirty days thereafter. No appellate procedure shall be deemed to have terminated until the end of the period allowed by law for the filing of a motion for reargument, or, if such motion is filed, until the proceedings consequent thereon are finally determined. When execution is stayed under the provisions of this section, the clerk of the court shall forthwith give notice thereof to the warden of the institution in which such defendant is in custody. If the original judgment of conviction has been affirmed or remains in full force at the time when the clerk has received the notification of the termination of any proceedings by appeal, writ of certiorari, writ of error or petition for a new trial, and the day designated for the infliction of the death penalty has then passed or will pass within thirty days thereafter, the defendant shall, within said period of thirty days, upon an order of the court in which the judgment was rendered at a regular or special criminal session thereof, be presented before said court by the warden of the institution in which the defendant is in custody or his deputy, and the court, with the judge assigned to hold the session presiding, shall thereupon designate a day for the infliction of the death penalty and the clerk of the court shall issue a warrant of execution, reciting therein the original judgment, the fact of the stay of execution and the final order of the court, which warrant shall be forthwith served upon the warden or his deputy.

See Sec. 52-582 re time limit for bringing petitions for new trial.

Plaintiff in error may not be heard on any cause of error not specially assigned, but court finding fatal defect may reverse the judgment. 10 C. 371. Petition for new trial not granted on merely formal grounds. 11 C. 418. True rule. Id.; 48 C. 93. New evidence must be such as was not discoverable at former trial. Id. Power to grant new trial may be exercised when verdict is without evidence or manifestly against weight of evidence. 12 C. 489. State cannot move for new trial. 16 C. 59. New trial for error in charge of court or for verdict against evidence can only be granted by Supreme Court. 43 C. 516. New trial not granted on ex parte affidavits alone. 45 C. 272. Policy of law. 69 C. 190. Accused may file motion for new trial for verdict against evidence. Id., 192. Law regulating new trials same in criminal as in civil cases. 72 C. 116. Accused is entitled to every doubt as regards materiality of error. 75 C. 334. But he cannot complain of ruling that several counts state but one offense. Id., 267. Costs not taxable to defendant who prevails. 82 C. 392. Supreme Court cannot support judgment by presumption or intendment. 84 C. 93. Full discussion of proper method of taking appeal in criminal case tried to court. 105 C. 327; 109 C. 28; Id., 126, 139. Does not permit appeal from a city court in a criminal case. 128 C. 341. Time within which motions in arrest of judgment must be filed. 148 C. 57. Where appeal period had expired, convict could not by habeas corpus proceeding challenge validity of arrest warrant; by pleading to information against him, while represented by counsel, he waived defect in warrant and consented to jurisdiction of court. 155 C. 591, 627, 701, 703. Defendant's decision to waive his right to appeal must be voluntarily, knowingly and intelligently made. 175 C. 328. Denial of a motion for a new trial was not a final judgment and not appealable. 180 C. 141. Remedy of appeal afforded defendants in criminal prosecutions having been established by statute, state's delay in defending against appeal resulted in setting aside of the judgment and ordering of a new trial. 183 C. 586. Cited. 194 C. 510; 208 C. 420; 228 C. 552; 236 C. 388. Although trial court was not required to credit the reason offered by the petitioner for the delay in an untimely request for certification, it was required, at a minimum, to give some indication that it had at least considered whether the proffered reason excused the delay under the circumstances. 338 C. 66.

Cited. 1 CA 724; 12 CA 621; 19 CA 686; 37 CA 252; judgment reversed, see 236 C. 388; 41 CA 530. Statutory requirement that court make a determination that 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. Denial of petition for certification made pursuant to section is not a bar to court's jurisdiction, but is a threshold issue on appeal. 88 CA 572.

Term “execution” means “to put into effect”. 15 CS 273. Cited. 24 CS 60; 29 CS 339; 38 CS 552; 41 CS 454.

Cited. 2 Conn. Cir. Ct. 635; 5 Conn. Cir. Ct. 314.

Subsec. (a):

Cited. 183 C. 418; 229 C. 178; Id., 397. Since legislature did not expressly prohibit appellate review of the denial of certification to appeal, petitioner is entitled to appellate review of such denial; petitioner may establish an abuse of discretion in such denial if there are issues that are debatable among jurists of reason, if a court could resolve the issues in a different manner or if there are questions that are adequate to deserve encouragement to proceed further. 246 C. 514. Although petitioner's failure to seek certification to appeal pursuant to statute does not deprive appellate tribunal of jurisdiction over the appeal, appellate tribunal should nevertheless decline to entertain an appeal challenging denial of petition for a new trial until petitioner has satisfied the certification requirement of statute. 261 C. 533.

Cited. 23 CA 559.
Conn. Gen. Stat. § 54-126a — Connecticut Code / Title 54 / Chapter 961 / Section 54-126a
Sec. 54-126a. Testimony of crime victim at parole hearing. Notification to victim.
Status: in_force

(b) (1) When a hearing is scheduled by the Board of Pardons and Paroles for the purpose of determining the eligibility for parole of an inmate incarcerated for the commission of any crime, the Office of Victim Services shall notify any victim of such crime who is registered with the board of the time, date and location of the hearing and include information that such victim may make a statement or submit a written statement pursuant to this section.

(2) A panel of said board shall permit any victim of the crime for which the inmate is incarcerated to appear before the panel for the purpose of making a statement for the record concerning whether the inmate should be released on parole or the nature of any terms or conditions to be imposed upon any such release. In lieu of such appearance, the victim may submit a written statement to the panel and the panel shall make such statement a part of the record at the parole hearing. At any such hearing, the record shall reflect that all reasonable efforts to notify registered victims were undertaken.

(c) If an inmate is scheduled to appear before the Board of Pardons and Paroles who (1) is serving an indeterminate sentence or a sentence for felony murder, and (2) was sentenced prior to July 1, 1981, the Office of Victim Services shall work with the Board of Pardons and Paroles to locate victims and victims' families and to notify them of the date, time and location of any parole hearing that is scheduled. If the victim of a crime committed by an inmate described in this subsection is a peace officer, and that peace officer is deceased, the Office of Victim Services shall notify the chief law enforcement officer of the town in which such crime occurred of the time, date and location of such hearing.

(d) Nothing in this section shall be construed to prohibit the board from exercising its discretion to permit a member or members of a victim's immediate family to appear before the panel and make a statement in accordance with subsection (b) of this section.

See Sec. 54-220a re assignment of victim advocates to assist victims at hearings.

Cited. 32 CA 438.
Conn. Gen. Stat. § 54-240 — Connecticut Code / Title 54 / Chapter 968a / Section 54-240
Sec. 54-240. Definitions.
Status: in_force

(1) “Address confidentiality program” or “program” means the program established pursuant to this chapter;

(2) “Agency” has the same meaning as “public agency” or “agency”, as provided in section 1-200 ;

(3) “Application assistant” means a person authorized by the Secretary of the State to assist applicants in the completion of applications for program participation;

(4) “Authorized personnel” means an employee in the office of the Secretary of the State who has been designated by the Secretary of the State, or an employee of an agency who has been designated by the chief executive officer of such agency, to process and have access to records pertaining to a program participant, including, but not limited to, voter registration applications, voting records and marriage records;

(5) “Certification card” means a card issued by the Secretary of the State pursuant to section 54-240d ;

(6) “Confidential address” means a program participant's address or addresses as listed on such participant's application for program participation that are not to be disclosed, including such participant's residential address in this state and work and school addresses in this state, if any;

(7) “Family violence” has the same meaning as provided in section 46b-38a ;

(8) “Injury or risk of injury to a child” means any act or conduct that constitutes a violation of section 53-21 ;

(9) “Kidnapping” means any act that constitutes a violation of section 53a-92 , 53a-92a , 53a-94 or 53a-94a ;

(10) “Law enforcement agency” means the office of the Attorney General, the office of the Chief State's Attorney, the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department;

(11) “Marriage records” means an application for a marriage license, an issued marriage license, a license certificate or other documents related thereto;

(12) “Program address” means the post office box number and fictitious street address assigned to a program participant by the Secretary of the State;

(13) “Program participant” or “participant” means any person certified by the Secretary of the State to participate in the address confidentiality program;

(14) “Record” has the same meaning as “public records or files” as provided in section 1-200 ;

(15) “Sexual assault” means any act that constitutes a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70 , 53a-70a , 53a-71 , 53a-72a , 53a-72b or 53a-73a ;

(16) “Stalking” means any act that constitutes a violation of section 53a-181c , 53a-181d or 53a-181e ; and

(17) “Trafficking in persons” means any act that constitutes a violation of section 53a-192a .
Conn. Gen. Stat. § 54-98 — Connecticut Code / Title 54 / Chapter 961 / Section 54-98
Sec. 54-98. Execution of mittimus for commitment to Connecticut Correctional Institution, Somers.
Status: in_force

Cited. 185 C. 540.

Cited. 16 CS 79.
Conn. Gen. Stat. § 54-156 — Connecticut Code / Title 54 / Chapter 963 / Section 54-156
Sec. 54-156. Pursuit of suspected criminals.
Status: in_force

(b) If an arrest is made in this state by an officer of another state in accordance with the provisions of subsection (a) of this section, he shall, without unnecessary delay, take the person arrested before a judge of the superior court for the judicial district in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If such judge determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit him to bail for such purpose. If such judge determines that the arrest was unlawful, he shall discharge the person arrested.

(c) Subsection (a) of this section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

(d) For the purpose of this section the word “state” shall include the District of Columbia.

(e) The term “fresh pursuit” as used in this section shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit, as used herein, shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

(f) The provisions of this section shall apply only to those states which by their laws grant similar rights to the duly constituted officers of this state.

Charges of several offenses, if they are of the same character, shall be tried together unless the court shall order otherwise. 139 C. 234.
Conn. Gen. Stat. § 54-230 — Connecticut Code / Title 54 / Chapter 968 / Section 54-230
Sec. 54-230. Notification of victims and other persons by Office of Victim Services when inmate or sexual offender seeks release or other relief or is released from a correctional institution.
Status: in_force

(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227 , the Office of Victim Services 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 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 Office of Victim Services 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.

(d) Upon receipt of notice from the Department of Correction pursuant to section 54-231 , the Office of Victim Services shall notify by mail all victims who have requested to be notified pursuant to section 54-228 whenever such inmate is scheduled to be released from a correctional institution. Such notice shall be in writing and notify each victim of the date of such inmate's release. The victim shall notify the Office of Victim Services of his or her current mailing address and telephone number, which shall be kept confidential and shall not be disclosed by the Office of Victim Services. Nothing in this section shall be construed to prohibit the Office of Victim Services, the Board of Pardons and Paroles and the Victim Services Unit within the Department of Correction from communicating with each other for the purpose of facilitating notification to a victim and disclosing to each other the name, mailing address and telephone number of the victim, provided such information shall not be further disclosed.
Conn. Gen. Stat. § 54-82i — Connecticut Code / Title 54 / Chapter 961 / Section 54-82i
Sec. 54-82i. (Formerly Sec. 54-22). Attendance of witnesses in criminal proceedings.
Status: in_force

(b) Summoning witness in this state to testify in another state. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies, under the seal of such court, that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or grand jury investigation and that the presence of such witness will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the judicial district in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at such time and place for such hearing. If, at such hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state and that the laws of such other state and the laws of any other state through which the witness may be required to pass by ordinary course of travel will give to such witness protection from arrest and from the service of civil or criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons, except that no judge shall issue a summons in a case where prosecution is pending, or where a grand jury investigation has commenced or is about to commence for a criminal violation of a law of such other state involving the provision or receipt of or assistance with reproductive health care services or gender-affirming health care services, as defined in section 52-571n , that are legal in this state, unless the acts forming the basis of the prosecution or investigation would also constitute an offense in this state. At any such hearing, the certificate shall be prima facie evidence of all the facts stated therein. If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the attendance of the witness in such state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before such judge for such hearing, and, being satisfied, at such hearing, of the desirability of such custody and delivery, of which desirability such certificate shall be prima facie proof, may, in lieu of issuing a subpoena or summons, order that such witness be forthwith taken into custody and delivered to an officer of the requesting state. If such witness, after being paid or tendered by an authorized person the same amount per mile as provided for state employees pursuant to section 5-141c for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars each day that such witness is required to travel and attend as a witness, fails, without good cause, to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

(c) Witness from another state summoned to testify in this state. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or in grand jury investigations commenced or about to commence in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court, stating such facts and specifying the number of days the witness will be required. Such certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the attendance of the witness in this state. Such certificate shall be presented to a judge of a court of record in the judicial district in which the witness is found. If the witness is summoned to attend and testify in this state, the witness shall be tendered the same amount per mile as provided for state employees pursuant to section 5-141c for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars for each day that such witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails, without good cause, to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

(d) Exemption from arrest and service of process. If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not, while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under such summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under such summons.

(e) Interpretation. This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of the states which enact it.

Annotations to former section 54-22:

Cited. 171 C. 47; 179 C. 102.

Annotations to present section:

Cited. 198 C. 517; 237 C. 58.

Cited. 7 CA 503; 36 CA 250.

Subsec. (c):

Cited. 193 C. 350; 194 C. 89; 198 C. 542.

Cited. 3 CA 137. Habeas corpus petitioner, incarcerated in Arizona, could not prevail on claim that trial court should have invoked provisions of Subsec. to secure petitioner's presence at hearing on Commissioner of Correction's motion to dismiss petition; Subsec. applies to criminal and grand jury proceedings, not habeas corpus proceedings which are civil in nature. 82 CA 25. Confers a degree of discretion to a court in ruling on applications pursuant to provisions of Subsec. even when a defendant has demonstrated that a witness is material to the case. 202 CA 355.

Cited. 38 CS 301; Id., 521.
Conn. Gen. Stat. § 54-76d — Connecticut Code / Title 54 / Chapter 960a / Section 54-76d
Sec. 54-76d. Investigations. Determinations by court. Waiver of proceedings.
Status: in_force

(b) Upon the termination of such examinations, investigation and questioning, the court, in its discretion based on the severity of the crime, which shall also take into consideration whether or not the defendant took advantage of the victim because of the victim's advanced age or physical incapacity, and the results of the examinations, investigation and questioning, shall determine whether such defendant is eligible or ineligible to be adjudged a youthful offender. If the court determines that the defendant is eligible to be so adjudged, no further action shall be taken on the information or complaint and the defendant shall be required to enter a plea of “guilty” or “not guilty” to the charge of being a youthful offender. If the court determines that the defendant is ineligible to be so adjudged, it shall order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n , inclusive, had not been had.

(c) If no motion is made by the prosecuting official under subsection (a) or (b) of section 54-76c or by the court under subsection (a) of this section, and the defendant consents to a trial without a jury, should a trial be had, no further action shall be taken on the information or complaint and the defendant shall be required to enter a plea of “guilty” or “not guilty” to the charge of being a youthful offender.

(d) At any time prior to trial as provided in section 54-76e or at any time prior to entering a plea of “guilty” to the charge of being a youthful offender, the defendant, on motion and with the concurrence of the defendant's parent or guardian and the defendant's attorney, if any, may waive further proceedings under the provisions of sections 54-76b to 54-76n , inclusive, and request a trial by jury in the regular criminal docket of the Superior Court. If the court, after making a thorough inquiry, is satisfied that such waiver is knowingly and voluntarily made, the court may grant such motion and order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n , inclusive, had not been had.

(e) At any point, if the court determines that a defendant is ineligible to be a youthful offender, the court shall order the information or complaint to be unsealed and the defendant shall be prosecuted as though the proceedings under sections 54-76b to 54-76n , inclusive, had not been had.

Cited. 173 C. 414; 179 C. 98; 188 C. 565; 192 C. 85.

Cited. 8 CA 607.

Cited. 30 CS 71; 37 CS 755.
Conn. Gen. Stat. § 54-82c — Connecticut Code / Title 54 / Chapter 961 / Section 54-82c
Sec. 54-82c. (Formerly Sec. 54-139). Prisoner's right to speedy trial on pending charges.
Status: in_force

(b) The written notice and request for final disposition referred to in subsection (a) hereof shall be given or sent by the prisoner to the warden, Community Correctional Center Administrator or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden, Community Correctional Center Administrator or other official having custody of the prisoner shall promptly inform him in writing of the source and contents of any untried indictment or information against him concerning which the warden, administrator or other official has knowledge and of his right to make a request for final disposition thereof.

(d) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in subsection (a) hereof shall void the request.

Annotations to former section 54-139:

Phrase “has caused to be delivered” is equivalent of “has delivered” and 120-day period runs from completion of delivery of both request and supplemental information. 149 C. 250. Cited. 153 C. 28. Statute permits court to grant continuance for good cause shown even where facts which lead court to grant continuance are beyond defendant's control. 171 C. 487. Cited. 185 C. 118; 194 C. 297; 198 C. 573.

Cited. 40 CA 757.

Does not apply to prisoner in federal institution in Connecticut; does not purport to place a limit on time within which information should be made. 24 CS 308. Cited. 36 CS 327, 330.

Annotations to present section:

Cited. 193 C. 270; 194 C. 297; 197 C. 166; 198 C. 573; 202 C. 93; 221 C. 921; 224 C. 163; 242 C. 409.

Cited. 12 CA 1; 14 CA 244; Id., 493; 20 CA 205; 26 CA 698; 28 CA 195; 29 CA 694; 32 CA 38; 33 CA 184; judgment reversed, see 232 C. 707; 40 CA 757. In absence of any evidence to the contrary, it is presumed that officials acted properly under statute and therefore, because written notice was not delivered to state's attorney, the statutory 120-day period did not commence. 107 CA 517. For purposes of speedy trial calculations, delays attributable to initiations of the defense are excludable. 110 CA 245. Time limits under section excluded entire period of time during which defendant's competency claim was considered and resolved. 132 CA 24.
Conn. Gen. Stat. § 54-125i — Connecticut Code / Title 54 / Chapter 961 / Section 54-125i
Sec. 54-125i. Parole of prisoner without a hearing.
Status: in_force

(b) A member of the board, or an employee of the board qualified by education, experience or training in the administration of community corrections, parole, pardons, criminal justice, criminology, the evaluation or supervision of offenders or the provision of mental health services to offenders, may evaluate whether parole should be granted to an inmate pursuant to this section. The board member or employee shall (1) use risk-based structured decision making and release criteria developed under policies adopted by the board pursuant to subsection (d) of section 54-124a , and (2) review the inmate's offender accountability plan, including, but not limited to, the environment to which the inmate plans to return upon release, to determine whether parole should be recommended for such inmate.

(c) If the board member or qualified employee recommends parole for an inmate, the chairperson of the board shall present such recommendation and all pertinent information to a parole release panel for approval. No parole release panel may review such recommendation and determine the suitability for parole release of an inmate unless the chairperson has made reasonable efforts to determine the existence of and obtain all information deemed pertinent to the panel's decision and has certified that all such pertinent information determined to exist has been obtained or is unavailable. No applicant may be granted parole pursuant to this section unless each board member or parole officer who reviewed such inmate's file certifies that he or she reviewed such recommendation and all such pertinent information.
Conn. Gen. Stat. § 54-61 — Connecticut Code / Title 54 / Chapter 960 / Section 54-61
Sec. 54-61. Complaints for offenses specified in special acts, ordinances and bylaws.
Status: in_force

If an offense is created by statute, it is sufficient to set it forth in the words of the statute. 60 C. 106; 88 C. 715.
Conn. Gen. Stat. § 54-102 — Connecticut Code / Title 54 / Chapter 961 / Section 54-102
Sec. 54-102. Burial or disposal of body of executed criminal.
Status: in_force

See Sec. 19a-270 re municipal power to make anatomical donation of unclaimed bodies.
Conn. Gen. Stat. § 54-102j — Connecticut Code / Title 54 / Chapter 961 / Section 54-102j
Sec. 54-102j. Dissemination of information in DNA data bank.
Status: in_force

(b) Upon the request of a person from whom a blood or other biological sample has been taken pursuant to sections 54-102g and 54-102h , a copy of such person's DNA profile shall be furnished to such person.

(c) Upon the request of any person identified and charged with an offense as the result of a search of information in the data bank, a copy of the request for a search shall be furnished to such person so identified and charged.

(d) The Department of Emergency Services and Public Protection shall adopt regulations, in accordance with the provisions of chapter 54, governing (1) the methods of obtaining information from the data bank in accordance with this section, and (2) procedures for verification of the identity and authority of the person making the request. The department shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.

(e) The Division of Scientific Services shall create a separate statistical data base comprised of DNA profiles of blood or other biological samples of persons whose identity is unknown. Nothing in this section or section 54-102k shall prohibit the Division of Scientific Services from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or without the state.

(f) The Division of Scientific Services may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of the state.
Conn. Gen. Stat. § 54-102i — Connecticut Code / Title 54 / Chapter 961 / Section 54-102i
Sec. 54-102i. Procedure for conducting DNA analysis of blood or other biological sample.
Status: in_force

(b) A report of the results of a DNA analysis conducted by the division as authorized, including the profile and identifying information, shall be made and maintained at the division. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts therein stated. Except as specifically provided in this section and section 54-102j , the results of the analysis shall be securely stored and shall remain confidential.
Conn. Gen. Stat. § 54-96a — Connecticut Code / Title 54 / Chapter 961 / Section 54-96a
Sec. 54-96a. (Formerly Sec. 54-13). Appeal vacated by payment of fine.
Status: in_force

Annotations to former section 54-13:

Cited. 171 C. 417.

Section by implication may be sufficient to hold that payment of fine precludes a review. 23 CS 135. Partial execution of sentence by payment of fine does not deprive court of power to open judgment. Id., 179.

Annotations to present section:

Section does not govern involuntary payment of fines. 76 CA 169.

Defendant's payment of fine on basis of directive of court clerk was an involuntary payment for purposes of section. 51 CS 91.
Conn. Gen. Stat. § 54-1d — Connecticut Code / Title 54 / Chapter 959 / Section 54-1d
Sec. 54-1d. Place of arraignment. Multiple arrest warrants. Multiple credit card and automated teller machine offenses. Identity theft and related offenses. Violation of order of protection by electronic or telephonic means.
Status: in_force

(b) Except as provided in subsections (d) and (e) of this section, defendants in criminal actions shall be presented for arraignment to:

(1) The court in the geographical area in which the crime was alleged to have been committed;

(2) If the arrest was by warrant, the court in the geographical area in which the crime was alleged to have been committed or in which the arrest was made; or

(3) If the arrest was by a warrant issued pursuant to section 53a-32 or for failure to appear as provided in section 53a-172 or 53a-173 , the court in the geographical area in which the crime was alleged to have been committed or in which the arrest was made, or the superior court having jurisdiction over the underlying criminal prosecution.

(c) If the defendant was presented to the court in the geographical area in which the arrest was made for arraignment and was not released from custody after such arraignment, the defendant shall be presented to the court in the geographical area in which the crime was alleged to have been committed not later than the second court day following such arraignment. Except as provided in subsection (d) of this section, any defendant who has been presented to the court in accordance with this section and is the subject of one or more additional arrest warrants issued for crimes that were alleged to have been committed in one or more geographical areas, other than the geographical area in which the defendant is initially presented, shall subsequently be presented to the court in each geographical area in which such crimes were alleged to have been committed, in such order as the courts may determine, not later than the second court day following the prior arraignment. A criminal cause shall not fail on the ground that it has been submitted to a session of improper venue.

(d) Any defendant who is charged with multiple offenses under any provision of section 53a-127b or sections 53a-128a to 53a-128i , inclusive, where such offenses were alleged to have been committed in more than one geographical area, may be presented to the court in any one of such geographical areas. The court may consolidate all such offenses into a single criminal action and shall have jurisdiction over such action.

(e) Any defendant who is charged with a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, section 53a-129b , 53a-129c , 53a-129d or 53a-129e , and any defendant who is charged with any other offense committed as a result of such violation may be presented to the court in the geographical area in which the person whose personal identifying information has been obtained and used by the defendant resides and may be prosecuted in such geographical area or judicial district.

(f) Any defendant who is charged with a violation of section 53a-223 , 53a-223a or 53a-223b by means of electronic or telephonic communication may be presented to the court in the geographical area in which (1) the victim resides, (2) the victim received the communication, or (3) the communication was initiated. Such defendant may be prosecuted in any such geographical area or a corresponding judicial district.

Cited. 187 C. 264.

Cited. 39 CS 347.
Conn. Gen. Stat. § 54-88 — Connecticut Code / Title 54 / Chapter 961 / Section 54-88
Sec. 54-88. State to open and close arguments.
Status: in_force

There is no rigid requirement that prosecutor's final summation must be limited solely to rebuttal of matters raised in defendant's argument. 170 C. 417. Cited. 230 C. 351.
Conn. Gen. Stat. § 54-33a — Connecticut Code / Title 54 / Chapter 959 / Section 54-33a
Sec. 54-33a. Issuance of search warrant, warrant for tracking device or warrant for foreign corporation records or data. No-knock warrants prohibited.
Status: in_force

(b) Upon complaint on oath by any state's attorney or assistant state's attorney or by any two credible persons, to any judge of the Superior Court or judge trial referee, that such state's attorney or assistant state's attorney or such persons have probable cause to believe that any property (1) possessed, controlled, designed or intended for use or which is or has been used or which may be used as the means of committing any criminal offense; or (2) which was stolen or embezzled; or (3) which constitutes evidence of an offense, or which constitutes evidence that a particular person participated in the commission of an offense, is within or upon any place, thing or person, such judge or judge trial referee, except as provided in section 54-33j , may issue a warrant commanding a proper officer to enter into or upon such place or thing, search such place, thing or person and take into such officer's custody all such property named in the warrant.

(c) Upon complaint on oath by any state's attorney or assistant state's attorney or by any two credible persons, to any judge of the Superior Court or judge trial referee, that such state's attorney or assistant state's attorney or such persons have probable cause to believe that a criminal offense has been, is being, or will be committed and that the use of a tracking device will yield evidence of the commission of that offense, such judge or judge trial referee may issue a warrant authorizing the installation and use of a tracking device. The complaint shall identify the person on which or the property to, in or on which the tracking device is to be installed, and, if known, the owner of such property.

(d) A warrant may issue only on affidavit sworn to by the complainant or complainants before the judge or judge trial referee, either in person or electronically with simultaneous sight and sound, and establishing the grounds for issuing the warrant, which affidavit shall be part of the arrest file. If the judge or judge trial referee is satisfied that grounds for the application exist or that there is probable cause to believe that grounds for the application exist, the judge or judge trial referee shall issue a warrant identifying the property and naming or describing the person, place or thing to be searched or authorizing the installation and use of a tracking device and identifying the person on which or the property to, in or on which the tracking device is to be installed. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer, to an inspector in the Division of Criminal Justice, to a conservation officer, special conservation officer or patrolman acting pursuant to section 26-6 or to a sworn motor vehicle inspector acting under the authority of section 14-8 . Except for a warrant for the installation and use of a tracking device, the warrant shall state the date and time of its issuance and the grounds or probable cause for its issuance and shall command the officer to search within a reasonable time the person, place or thing named, for the property specified. A warrant for the installation and use of a tracking device shall state the date and time of its issuance and the grounds or probable cause for its issuance and shall command the officer to complete the installation of the device within a specified period not later than ten days after the date of its issuance and authorize the installation and use of the tracking device, including the collection of data through such tracking device, for a reasonable period of time not to exceed thirty days from the date the tracking device is installed. Upon request and a showing of good cause, a judge or judge trial referee may authorize the use of the tracking device for an additional period of thirty days.

(e) No police officer of a regularly organized police department or any state police officer, an inspector in the Division of Criminal Justice, a conservation officer, special conservation officer or patrolman acting pursuant to section 26-6 or a sworn motor vehicle inspector acting under the authority of section 14-8 , shall seek, execute or participate in the execution of a no-knock warrant. A search warrant authorized under this section shall require that an officer provide notice of such officer's identity, authority and purpose prior to entering the place to be searched for the execution of such search warrant. Prior to undertaking any search or seizure pursuant to the search warrant, the executing officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing officer shall leave a copy of the search warrant suitably affixed to the place to be searched. For purposes of this subsection, “no-knock warrant” means a warrant authorizing police officers to enter certain premises without first knocking and announcing their presence or purpose prior to entering the place to be searched.

(f) A judge or judge trial referee may issue a warrant pursuant to this section for records or data that are in the actual or constructive possession of a foreign corporation or business entity that transacts business in this state, including, but not limited to, a foreign corporation or business entity that provides electronic communication services or remote computing services to the public. Such a warrant may be served on an authorized representative of the foreign corporation or business entity by hand, mail, commercial delivery, facsimile or electronic transmission, provided proof of delivery can be established. When properly served with a warrant issued pursuant to this section, the foreign corporation or business entity shall provide to the applicant all records or data sought by the warrant within fourteen business days of being served with the warrant, unless the judge or judge trial referee determines that a shorter or longer period of time is necessary or appropriate.

(g) The inadvertent failure of the issuing judge or judge trial referee to state on the warrant the time of its issuance shall not in and of itself invalidate the warrant.

See Sec. 54-154 re taxing of expenses in search and seizure cases.

Former statute did not authorize seizure of contraceptive material. 126 C. 428. Under former statute, obscene materials could be seized regardless of who possessed them or of knowledge or intent in such possession. 146 C. 78. This section and sections 54-33b to 54-33g passed subsequent to Mapp v. Ohio , 367 U.S. 643, which held that evidence obtained by unlawful search and seizure is inadmissible in state courts; prior to such passage if search and seizure were incidental to lawful arrest, they were not unreasonable. 149 C. 567. Cited. 153 C. 8. Judge issuing search warrant not required to recite in warrant the grounds on which he found probable cause. Id., 708, 709. Warrant calling for search and seizure of passenger automobile includes whatever was an integral part or component of that automobile, e.g., dust on floor, stains on interior, seats and cushions. 155 C. 145. Neither the recital that affiant had information from reliable informant nor statement that apartment sought to be searched had been under surveillance were sufficient grounds for issuance of warrant; warrant issued was illegal. Id., 385. Cited. 165 C. 239; 169 C. 322; 170 C. 618; 181 C. 562; 196 C. 471; 206 C. 90; 219 C. 529; 224 C. 29; 226 C. 514.

Cited. 10 CA 561; 30 CA 249.

Search and seizure which, though without warrant, is consented to is not within exclusionary rule; but mere acquiescence in and peaceful submission to demands of searching officers is not to be construed as consent; defendant's application for order to return articles illegally seized was denied. 23 CS 41. Where search warrant is issued and executed, presumption is that proper legal procedure was observed and burden is on defendant to overcome presumption. Id., 405. Even though evidence was obtained as result of illegal search and seizure, defendant was not entitled to motion to suppress evidence in advance of trial. 24 CS 36. Arrest for minor traffic violation did not justify search of car without a warrant; if stolen goods were in plain sight, search might have been justified. 25 CS 229. Reference in warrant, after specifying drugs and named instruments for using them, concluded “and any other paraphernalia” which could be used in taking drugs and was too broad; items not specifically mentioned in warrant could not be used in evidence. 28 CS 19. Cited. 41 CS 1.

Where judge had before him no information which permitted him to make an independent judicial determination of the existence of probable cause for the issuance of a search and seizure warrant, the issuance of such warrant was in violation of the constitution and the evidence seized as a result of its execution is not admissible in defendants' trial. 3 Conn. Cir. Ct. 97, 98. An unsigned and undated search warrant is fatally defective, invalid and void and confers no authority to act thereunder. Id., 641, 644. Supporting affidavit sufficient when it recited several instances of information by others of defendant operating his home for pool selling and police surveillance of activity of defendant in community; name of informant need not be disclosed. 4 Conn. Cir. Ct. 603. Cited. 5 Conn. Cir. Ct. 44, 46. Motion to suppress evidence obtained by search and seizure under warrant issued fourteen days before actual seizure granted on grounds execution of warrant was not made within reasonable time. Id., 468. Affidavit in support of search warrant for violation of pool selling statute, that set forth underlying circumstances, reasons informants were reliable, actual betting transactions and personal observation of defendant by affiants was sufficient. Id., 669.

Subsec. (b):

Cited. 179 C. 23; 192 C. 98; 229 C. 125.

Cited. 1 CA 315. Possession or control of property is relevant, not ownership. 57 CA 396.

Subsec. (d) (former Subsec. (c)):

Cited. 179 C. 522. Search warrant, unsigned by judge, was not legally “issued”. 184 C. 95. Cited. 188 C. 183. Neither section nor the commonly approved definition of “affidavit” requires assigned jurat; judgment of Appellate Court in 32 CA 402 reversed. 230 C. 24.

Cited. 14 CA 356; 32 CA 402; judgment reversed, see 230 C. 24; 39 CA 369. Provision that “warrant shall state the date and time of its issuance” does not invalidate warrant issued with incorrect time due to scrivener's error. 124 CA 331, see also 307 C. 567.
Conn. Gen. Stat. § 54-127 — Connecticut Code / Title 54 / Chapter 961 / Section 54-127
Sec. 54-127. Rearrest.
Status: in_force

Cited. 132 C. 305; 160 C. 151, 159; 162 C. 434; 170 C. 119.

Cited. 12 CA 1.

Cited. 4 CS 365; 27 CS 443.
Conn. Gen. Stat. § 54-218 — Connecticut Code / Title 54 / Chapter 968 / Section 54-218
Sec. 54-218. Profits derived as result of crime of violence. Recovery of money judgment by victim. Payment to Criminal Injuries Compensation Fund.
Status: in_force

(b) If no victim brings a civil action within five years of the date of the crime and recovers a money judgment, the moneys in any such escrow account shall be paid to the Criminal Injuries Compensation Fund established under section 54-215 . If there is an affirmative finding that the person accused of the crime is not guilty within such five-year period, the money in any such escrow account shall be returned to such person.
Conn. Gen. Stat. § 54-86b — Connecticut Code / Title 54 / Chapter 961 / Section 54-86b
Sec. 54-86b. Right of accused to examine statements.
Status: in_force

(b) If the prosecution fails to comply with the order of the court, the court shall strike from the record the testimony of the witness and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

Cited. 159 C. 264. Held unconstitutional, but assuming constitutional, procedure found to comply. 166 C. 593. Cited. 200 C. 323; 202 C. 259; 211 C. 555. Destruction of tapes discussed. 214 C. 161. Cited. 215 C. 257; 221 C. 300; 223 C. 731; 227 C. 641; 229 C. 716; 231 C. 195.

Cited 10 CA 103. Destruction of tapes held to be in bad faith; burden on state to show defendant not prejudiced. 14 CA 108. Cited. 20 CA 586; 25 CA 255; Id., 503; 29 CA 68; judgment reversed, see 227 C. 566; Id., 304; Id., 455; 32 CA 483; 46 CA 118; Id., 545.

Cited. 42 CS 10; Id., 291.
Conn. Gen. Stat. § 54-151 — Connecticut Code / Title 54 / Chapter 962 / Section 54-151
Sec. 54-151. Cost of transcript and printing on appeal.
Status: in_force

Cited. 139 C. 401; 154 C. 631, 636; 155 C. 719.

Finding of fact after comprehensive examination of facts and circumstances is required where indigency is controverted. 5 Conn. Cir. Ct. 313.
Conn. Gen. Stat. § 54-142q — Connecticut Code / Title 54 / Chapter 961a / Section 54-142q
Sec. 54-142q. Criminal Justice Information System Governing Board. Membership. Duties and responsibilities. Access to information.
Status: in_force

(b) There shall be a Criminal Justice Information System Governing Board which shall be within the Department of Emergency Services and Public Protection for administrative purposes only and shall oversee criminal justice information systems.

(c) The governing board shall be composed of the Chief Court Administrator, the Commissioner of Emergency Services and Public Protection, the Secretary of the Office of Policy and Management, the Commissioner of Correction, the chairperson of the Board of Pardons and Paroles, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Administrative Services, the Victim Advocate, the Commissioner of Motor Vehicles, the chairpersons and ranking members of the joint standing committee of the General Assembly on judiciary and the president of the Connecticut Police Chiefs Association. The Chief Court Administrator and a person appointed by the Governor from among the membership shall serve as cochairpersons. Each member of the governing board may appoint a designee who shall have the same powers as such member.

(d) The governing board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. A majority of the members shall constitute a quorum for the transaction of business.

(e) The governing board shall hire an executive director of the board who shall not be a member of the board and who shall serve at the pleasure of the board. The executive director shall be qualified by education, training or experience to oversee the design and implementation of a comprehensive, state-wide information technology system for the sharing of criminal justice information as provided in section 54-142s . The Department of Emergency Services and Public Protection shall provide office space and such staff, supplies and services as necessary for the executive director to properly carry out his or her duties under this subsection.

(f) The governing board shall develop plans, maintain policies and provide direction for the efficient operation and integration of criminal justice information systems, whether such systems service a single agency or multiple agencies. The governing board shall establish standards and procedures for use by agencies to assure the interoperability of such systems, authorized access to such systems and the security of such systems.

(g) In addition to the requirements of subsection (f) of this section, the duties and responsibilities of the governing board shall be to: (1) Oversee the operations and administration of criminal justice information systems; (2) establish such permanent and ad hoc committees as it deems necessary, with appointments to such committees not restricted to criminal justice agencies; (3) recommend any legislation necessary for implementation, operation and maintenance of criminal justice information systems; (4) establish and implement policies and procedures to meet the system-wide objectives, including the provision of appropriate controls for data access and security; and (5) perform all necessary functions to facilitate the coordination and integration of criminal justice information systems.

(h) A member of the governing board, a member of a permanent or an ad hoc committee established by the governing board, and any person operating and administering the criminal justice information system shall be deemed to be “state officers and employees” for the purposes of chapter 53 and section 5-141d .

(i) Information that may be accessed by the Division of Public Defender Services or the Office of the Federal Public Defender pursuant to subsection (a) of this section shall be limited to: (1) Conviction information, as defined in subsection (c) of section 54-142g , (2) information that is otherwise available to the public, and (3) information, including nonconviction information, concerning a client whom the division has been appointed by the court to represent and is representing at the time of the request for access to such information.

See Sec. 4-38f for definition of “administrative purposes only”.
Conn. Gen. Stat. § 54-66 — Connecticut Code / Title 54 / Chapter 960 / Section 54-66
Sec. 54-66. Acceptance and disposition of bail. Pledge of real property as lien. Forfeiture of bond for failure to appear. Issuance of rearrest warrant or capias. Termination or reinstatement of bond.
Status: in_force

(2) When cash bail is offered, such bond shall be executed and the money shall be received in lieu of a surety or sureties upon such bond. Such cash bail shall be retained by the clerk of such court until a final order of the court disposing of the same is passed, except that if such bond is forfeited, the clerk of such court shall pay the money to the payee named therein, according to the terms and conditions of the bond. When cash bail in excess of ten thousand dollars is received for a person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the clerk of such court shall prepare a report that contains (A) the name, address and taxpayer identification number of the accused person, (B) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, (C) the amount of cash received, and (D) the date the cash was received. Not later than fifteen days after receipt of such cash bail, the clerk of such court shall file the report with the Department of Revenue Services and mail a copy of the report to the state's attorney for the judicial district in which the court is located and to each person offering the cash bail.

(3) When real property is pledged, the pledge shall constitute a lien on the real property upon the filing of a notice of lien in the office of the town clerk of the town in which the real property is located. The lien shall be in an amount equal to the bond set by the court. The notice of lien shall be on a form prescribed by the Office of the Chief Court Administrator. Upon order of forfeiture of the underlying bond, the state's attorney for the judicial district in which the forfeiture is ordered shall refer the matter to the Attorney General and the Attorney General may, on behalf of the state, foreclose such lien in the same manner as a mortgage. The lien created by this subsection shall expire six years after the forfeiture is ordered unless the Attorney General commences an action to foreclose it within that period of time and records a notice of lis pendens in evidence thereof on the land records of the town in which the real property is located. If the bond has not been ordered forfeited, the clerk of the court shall authorize the recording of a release of such lien upon final disposition of the criminal matter or upon order of the court. The release shall be on a form prescribed by the Office of the Chief Court Administrator.

(b) (1) Whenever an accused person is released upon the deposit by a person on behalf of the accused person of a sum of money equal to the amount called for by such bond or upon the pledge by a person on behalf of the accused person of real property, the equity of which is equal to the amount called for by such bond, and such bond is ordered forfeited because the accused person failed to appear in court as conditioned in such bond, the court shall, at the time of ordering the bond forfeited: (A) Issue a rearrest warrant or a capias directing a proper officer to take the accused person into custody, (B) provide written notice to the person who offered cash bail or pledged real property on behalf of the accused person that the accused person has failed to appear in court as conditioned in such bond, and (C) order a stay of execution upon the forfeiture for six months. The court may, in its discretion and for good cause shown, extend such stay of execution. A stay of execution shall not prevent the issuance of a rearrest warrant or a capias.

(2) When the accused person whose bond has been forfeited is returned to custody pursuant to the rearrest warrant or a capias within six months of the date such bond was ordered forfeited or, if a stay of execution was extended, within the time period inclusive of such extension of the date such bond was ordered forfeited, the bond shall be automatically terminated and the person who offered cash bail or pledged real property on behalf of the accused person shall be released from such obligation and the court shall order new conditions of release for the accused person in accordance with section 54-64a .

(3) When the accused person whose bond has been forfeited returns to court voluntarily within five business days of the date such bond was ordered forfeited, the court may, in its discretion, and after finding that the accused person's failure to appear was not wilful, vacate the forfeiture order and reinstate the bond.

Cash bail remains in custody of court until order for return is made, even though accused has appeared and been discharged; garnishment of such a fund. 96 C. 358. Cited. 119 C. 25.

Cited. 25 CA 643. This section and Sec. 54-65a do not expressly provide for, or preclude, granting of rebate to a depositor of cash bail when defendant has been returned to the jurisdiction more than 6 months after the bond is called, but it is within the power of Connecticut courts to ensure defendant's appearance and thus trial court's award of such a rebate was proper. 68 CA 849.
Conn. Gen. Stat. § 54-41h — Connecticut Code / Title 54 / Chapter 959a / Section 54-41h
Sec. 54-41h. Privileged wire communications; issuance of order and interception prohibited.
Status: in_force

Cited. 191 C. 360; 212 C. 485; 238 C. 692.
Conn. Gen. Stat. § 54-84b — Connecticut Code / Title 54 / Chapter 961 / Section 54-84b
Sec. 54-84b. Testimony of spouse re confidential communications.
Status: in_force

(b) Except as provided in subsection (c) of this section, in any criminal proceeding, a spouse shall not be (1) required to testify to a confidential communication made by one spouse to the other during the marriage, or (2) allowed to testify to a confidential communication made by one spouse to the other during the marriage, over the objection of the other spouse.

(c) The testimony of a spouse regarding a confidential communication may be compelled, in the same manner as for any other witness, in a criminal proceeding against the other spouse for (1) joint participation with the spouse in what was, at the time the communication was made, criminal conduct or conspiracy to commit a crime, (2) bodily injury, sexual assault or other violence attempted, committed or threatened upon the spouse, or (3) bodily injury, sexual assault, risk of injury pursuant to section 53-21 , or other violence attempted, committed or threatened upon the minor child of either spouse, or any minor child in the care or custody of either spouse.

Language in Subsec. (a) re “induced by the affection, confidence, loyalty and integrity of the marital relationship” adds a separate element to, and effectively narrows the scope of, the common-law marital communications privilege; statements must be brought about or caused by the affection, confidence, loyalty and integrity of the marital relationship, and therefore, statements made by defendant for the purpose of furthering extramarital affair and attempting to murder her husband did not fall within language of Subsec. (a). 320 C. 123.

“Induced by affection” requirement limits privilege to subset of those confidential statements made between spouses in a valid marriage which are induced by the affection, confidence, loyalty and integrity of the marital relationship. 153 CA 419; judgment affirmed, see 320 C. 123.
Conn. Gen. Stat. § 54-234 — Connecticut Code / Title 54 / Chapter 968 / Section 54-234
Sec. 54-234. Development of response system for victims of offense of trafficking in persons. Contracts.
Status: in_force

(b) Such contracts shall be entered into for the following purposes, including, but not limited to:

(1) Developing a uniform curriculum to address rights and services for such victims;

(2) Developing information and materials on available resources and services for such victims;

(3) Actively seeking out quality training and other educational opportunities regarding the identification and assistance of such victims that take into consideration such victims' cultural context and needs; and

(4) Promoting and disseminating information on training and other educational opportunities concerning the assistance of such victims to emergency medical services, faith-based communities, sexual assault service providers, domestic violence service providers and state and local governmental agencies.
Conn. Gen. Stat. § 54-82 — Connecticut Code / Title 54 / Chapter 961 / Section 54-82
Sec. 54-82. Accused's election of trial by court or by jury. Number of jurors.
Status: in_force

(b) If the accused is charged with a crime punishable by death, life imprisonment without the possibility of release or life imprisonment and elects to be tried by the court, the court shall be composed of three judges to be designated by the Chief Court Administrator, or the Chief Court Administrator's designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.

(c) If the accused does not elect to be tried by the court, the accused shall be tried by a jury of six except that no person charged with an offense which is punishable by death, life imprisonment without the possibility of release or life imprisonment, shall be tried by a jury of less than twelve without such person's consent.

Application by accused for leave to withdraw election made under statute is addressed to court's discretion; refusal to permit withdrawal held no error. 102 C. 51. The court's determination of guilt or innocence upon the evidence should be raised on appeal by an assignment of error; not necessary to make a motion to set aside verdict. 105 C. 332; 109 C. 126; 110 C. 552. Court fulfills function of jury; its additional power under statute does not authorize convicting of robbery a defendant charged with murder. 132 C. 43. Cited. 142 C. 114. It is not violative of the constitutional guarantee of the right to a jury trial for the legislature to enact a statute which changes the form of jury procedure if it still maintains the substance of the institution. 144 C. 228. Insofar as it provides that an accused shall be tried to a jury of 6 unless at the time he is put to plea he demands a jury of 12, it does not deprive any defendant of his right of trial by jury. Id., 230. Cited. 146 C. 78; 147 C. 95; 153 C. 328; 161 C. 413. Since determination of jury size is not a matter presently or historically lying exclusively within control of the judiciary, section, which regulates size of criminal juries, does not violate separation of powers clause of Connecticut Constitution. 171 C. 395. Cited. 173 C. 450; 174 C. 22; 176 C. 224; 182 C. 353; 190 C. 639; 191 C. 506; 197 C. 247; 198 C. 77; 223 C. 384; 227 C. 448; 231 C. 235. Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1.

Cited. 34 CA 58; judgment reversed, see 232 C. 537; 41 CA 361; Id., 831. 3-judge court not required to deliberate with respect to all charges when only one charge carried maximum penalty of death or life in prison. 69 CA 267.

Cited. 33 CS 739; 34 CS 674; 39 CS 347.

Accused cannot postpone trial of his case indefinitely by repeatedly changing his election concerning trial by jury. 6 Conn. Cir. Ct. 218, 222, 223.

Subsec. (b):

Cited. 184 C. 455; 201 C. 534; 203 C. 4. Defendant's decision to forgo a jury determination in capital felony sentencing proceeding and opt for sentencing by a 3-judge panel was knowing, voluntary and intelligent; formulaic canvass of defendant is not required and validity of jury waiver is determined by examination of totality of the circumstances. 303 C. 71.

Cited. 13 CA 667; 22 CA 265. Court's instruction to defendant that he could not change his decision to waive his right to a jury trial simply because he had rethought his position was not legally inaccurate or in contradiction of the provisions of section. 120 CA 768.
Conn. Gen. Stat. § 54-125a — Connecticut Code / Title 54 / Chapter 961 / Section 54-125a
Sec. 54-125a. Parole of inmate serving sentence of more than two years. Eligibility. Hearing to determine suitability for parole release of certain inmates.
Status: in_force

(b) (1) No person convicted of any of the following offenses, which was committed on or after July 1, 1981, shall be eligible for parole under subsection (a) of this section: (A) Capital felony, as provided under the provisions of section 53a-54b in effect prior to April 25, 2012, (B) murder with special circumstances, as provided under the provisions of section 53a-54b in effect on or after April 25, 2012, (C) felony murder, as provided in section 53a-54c , (D) arson murder, as provided in section 53a-54d , (E) murder, as provided in section 53a-54a , or (F) aggravated sexual assault in the first degree, as provided in section 53a-70a . (2) A person convicted of (A) a violation of section 53a-100aa or 53a-102 , or (B) an offense, other than an offense specified in subdivision (1) of this subsection, where the underlying facts and circumstances of the offense involve the use, attempted use or threatened use of physical force against another person shall be ineligible for parole under subsection (a) of this section until such person has served not less than eighty-five per cent of the definite sentence imposed.

(c) The Board of Pardons and Paroles shall, not later than July 1, 1996, adopt regulations in accordance with chapter 54 to ensure that a person convicted of an offense described in subdivision (2) of subsection (b) of this section is not released on parole until such person has served eighty-five per cent of the definite sentence imposed by the court. Such regulations shall include guidelines and procedures for classifying a person as a violent offender that are not limited to a consideration of the elements of the offense or offenses for which such person was convicted.

(d) The Board of Pardons and Paroles may hold a hearing to determine the suitability for parole release of any person whose eligibility for parole release is not subject to the provisions of subsection (b) of this section upon completion by such person of seventy-five per cent of such person's definite or total effective sentence less any risk reduction credit earned under the provisions of section 18-98e . An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall assess the suitability for parole release of such person based on the following standards: (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. If a hearing is held, and if the board determines that continued confinement is necessary, the board shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. If a hearing is not held, the board shall document the specific reasons for not holding a hearing and provide such reasons to such person. No person shall be released on parole without receiving a hearing. The decision of the board under this subsection shall not be subject to appeal.

(e) The Board of Pardons and Paroles may hold a hearing to determine the suitability for parole release of any person whose eligibility for parole release is subject to the provisions of subdivision (2) of subsection (b) of this section upon completion by such person of eighty-five per cent of such person's definite or total effective sentence. An employee of the board or, if deemed necessary by the chairperson, a panel of the board shall assess the suitability for parole release of such person based on the following standards: (1) Whether there is a reasonable probability that such person will live and remain at liberty without violating the law, and (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration. If a hearing is held, and if the board determines that continued confinement is necessary, the board shall articulate for the record the specific reasons why such person and the public would not benefit from such person serving a period of parole supervision while transitioning from incarceration to the community. No hearing pursuant to the provisions of this subsection may proceed unless the parole release panel is in possession of the complete file for such applicant, including any documentation from the Department of Correction, the trial transcript, the sentencing record and any file of any previous parole hearing. Each member of the panel shall certify that all such documentation has been reviewed in preparation for such hearing. If a hearing is not held, the board shall document the specific reasons for not holding a hearing and provide such reasons to such person. No person shall be released on parole without receiving a hearing. The decision of the board under this subsection shall not be subject to appeal.

(f) (1) Notwithstanding the provisions of subsections (a) to (e), inclusive, of this section, a person convicted of one or more crimes committed while such person was under eighteen years of age, who is incarcerated on or after October 1, 2015, and who received a definite sentence or total effective sentence of more than ten years for such crime or crimes prior to, on or after October 1, 2015, may be allowed to go at large on parole in the discretion of the panel of the Board of Pardons and Paroles for the institution in which such person is confined, provided (A) if such person is serving a sentence of fifty years or less, such person shall be eligible for parole after serving sixty per cent of the sentence or twelve years, whichever is greater, or (B) if such person is serving a sentence of more than fifty years, such person shall be eligible for parole after serving thirty years. Nothing in this subsection shall limit a person's eligibility for parole release under the provisions of subsections (a) to (e), inclusive, of this section if such person would be eligible for parole release at an earlier date under any of such provisions.

(2) The board shall apply the parole eligibility rules of this subsection only with respect to the sentence for a crime or crimes committed while a person was under eighteen years of age. Any portion of a sentence that is based on a crime or crimes committed while a person was eighteen years of age or older shall be subject to the applicable parole eligibility, suitability and release rules set forth in subsections (a) to (e), inclusive, of this section.

(3) Whenever a person becomes eligible for parole release pursuant to this subsection, the board shall hold a hearing to determine such person's suitability for parole release. At least twelve months prior to such hearing, the board shall notify the office of Chief Public Defender, the appropriate state's attorney, the Victim Services Unit within the Department of Correction, the Office of the Victim Advocate and the Office of Victim Services within the Judicial Department of such person's eligibility for parole release pursuant to this subsection. The office of Chief Public Defender shall assign counsel for such person pursuant to section 51-296 if such person is indigent. At any hearing to determine such person's suitability for parole release pursuant to this subsection, the board shall permit (A) such person to make a statement on such person's behalf, (B) counsel for such person and the state's attorney to submit reports and other documents, and (C) any victim of the crime or crimes to make a statement pursuant to section 54-126a . The board may request testimony from mental health professionals or other relevant witnesses, and reports from the Commissioner of Correction or other persons, as the board may require. The board shall use validated risk assessment and needs assessment tools and its risk-based structured decision making and release criteria established pursuant to subsection (d) of section 54-124a in making a determination pursuant to this subsection.

(4) After such hearing, the board may allow such person to go at large on parole with respect to any portion of a sentence that was based on a crime or crimes committed while such person was under eighteen years of age if the board finds that such parole release would be consistent with the factors set forth in subdivisions (1) to (4), inclusive, of subsection (c) of section 54-300 and if it appears, from all available information, including, but not limited to, any reports from the Commissioner of Correction, that (A) there is a reasonable probability that such person will live and remain at liberty without violating the law, (B) the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration, and (C) such person has demonstrated substantial rehabilitation since the date such crime or crimes were committed considering such person's character, background and history, as demonstrated by factors, including, but not limited to, such person's correctional record, the age and circumstances of such person as of the date of the commission of the crime or crimes, whether such person has demonstrated remorse and increased maturity since the date of the commission of the crime or crimes, such person's contributions to the welfare of other persons through service, such person's efforts to overcome substance abuse, addiction, trauma, lack of education or obstacles that such person may have faced as a child or youth in the adult correctional system, the opportunities for rehabilitation in the adult correctional system, whether the person has also applied for or received a sentence modification and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes.

(5) After such hearing, the board shall articulate for the record its decision and the reasons for its decision. If the board determines that continued confinement is necessary, the board may reassess such person's suitability for a new parole hearing at a later date to be determined at the discretion of the board, but not earlier than two years after the date of its decision.

(6) The decision of the board under this subsection shall not be subject to appeal.

(g) (1) Notwithstanding the provisions of subsections (a) to (f), inclusive, of this section, a person convicted of one or more crimes committed while such person was under twenty-one years of age, who was sentenced on or before October 1, 2005, and who received a definite sentence or total effective sentence of more than ten years' incarceration for such crime or crimes committed on or before October 1, 2005, may be allowed to go at large on parole in the discretion of the panel of the Board of Pardons and Paroles for the institution in which such person is confined, provided (A) if such person is serving a sentence of fifty years or less, such person shall be eligible for parole after serving sixty per cent of the sentence or twelve years, whichever is greater, or (B) if such person is serving a sentence of more than fifty years, such person shall be eligible for parole after serving thirty years. Nothing in this subsection shall limit a person's eligibility for parole release under the provisions of subsections (a) to (f), inclusive, of this section if such person would be eligible for parole release at an earlier date under any of such provisions.

(2) The board shall apply the parole eligibility rules of this subsection only with respect to the sentence for a crime or crimes committed while a person was under twenty-one years of age. Any portion of a sentence that is based on a crime or crimes committed while a person was twenty-one years of age or older shall be subject to the applicable parole eligibility, suitability and release rules set forth in subsections (a) to (e), inclusive, of this section.

(3) Whenever a person becomes eligible for parole release pursuant to this subsection, the board shall hold a hearing to determine such person's suitability for parole release. At least twelve months prior to such hearing, the board shall notify the office of Chief Public Defender, the appropriate state's attorney, the Victim Services Unit within the Department of Correction, the Office of the Victim Advocate and the Office of Victim Services within the Judicial Department of such person's eligibility for parole release pursuant to this subsection. The office of Chief Public Defender shall assign counsel for such person pursuant to section 51-296 if such person is indigent. At any hearing to determine such person's suitability for parole release pursuant to this subsection, the board shall permit (A) such person to make a statement on such person's behalf, (B) counsel for such person and the state's attorney to submit reports and other documents, and (C) any victim of the crime or crimes to make a statement pursuant to section 54-126a . The board may request testimony from mental health professionals or other relevant witnesses, and reports from the Commissioner of Correction or other persons, as the board may require. The board shall use validated risk assessment and needs assessment tools and its risk-based structured decision making and release criteria established pursuant to subsection (d) of section 54-124a in making a determination pursuant to this subsection.

(4) After such hearing, the board may allow such person to go at large on parole with respect to any portion of a sentence that was based on a crime or crimes committed while such person was under twenty-one years of age, if the board finds that such parole release would be consistent with the factors set forth in subdivisions (1) to (4), inclusive, of subsection (c) of section 54-300 and if it appears, from all available information, including, but not limited to, any reports from the Commissioner of Correction, that (A) there is a reasonable probability that such person will live and remain at liberty without violating the law, (B) the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration, and (C) such person has demonstrated substantial rehabilitation since the date such crime or crimes were committed considering such person's character, background and history, as demonstrated by factors, including, but not limited to, such person's correctional record, the age and circumstances of such person as of the date of the commission of the crime or crimes, whether such person has demonstrated remorse and increased maturity since the date of the commission of the crime or crimes, such person's contributions to the welfare of other persons through service, such person's efforts to overcome substance abuse, addiction, trauma, lack of education or obstacles that such person may have faced as a person who was under twenty-one years of age in the adult correctional system, the opportunities for rehabilitation in the adult correctional system, whether the person has also applied for or received a sentence modification and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes.

(5) After such hearing, the board shall articulate for the record its decision and the reasons for its decision. If the board determines that continued confinement is necessary, the board may reassess such person's suitability for a new parole hearing at a later date to be determined at the discretion of the board, but not earlier than two years after the date of its decision.

(6) The decision of the board under this subsection shall not be subject to appeal.

(h) Any person released on parole under this section shall remain in the custody of the Commissioner of Correction and be subject to supervision by personnel of the Department of Correction during such person's period of parole.

See Sec. 18-100c re release of inmates with sentences of two years or less.

Broad discretionary nature of statute does not grant inmate the right to parole eligibility after serving one half of sentence and there is no liberty interest in parole release. 281 C. 241. Holding in Miller v. Alabama , 132 S. Ct. 2455, applies retroactively to cases on collateral review; life sentence for a juvenile includes a sentence of 50 years or more. 317 C. 52. Neither the substantive, parole eligibility calculation, nor the procedural, hearing, changes under the 2013 amendments to section altered the fundamental fact that the determination whether to grant an inmate parole is entirely at the discretion of the board; where an inmate has no vested liberty interest in parole itself, then it follows that the procedure by which the board exercises its discretion to award or deny the petitioner parole does not implicate a vested liberty interest. 326 C. 357.

Board of Parole did not abuse discretion where there was misinterpretation of statute concerning parole eligibility unless petitioner served more time as a result of misinterpretation. 96 CA 26.

Cited. 44 CS 417.

Subsec. (b):

Requirement under Subdiv. (2) that a person shall remain ineligible for parole until completing not less than 85 per cent of the definite sentence imposed not applicable to persons who committed offenses prior to July 1, 1996. 258 C. 804. Cited. Id., 830. 2013 amendment to Subdiv. (2) eliminating risk reduction credit from calculation of violent offender parole eligibility violates ex post facto clause as applied retroactively to petitioner who was convicted after 2011 but prior to such amendment, see also 330 C. 486. 330 C. 462.

Defendant's guilty plea for murder charge remains effective, even when trial court, in accepting guilty plea, failed to advise defendant that murder conviction would make him ineligible for parole pursuant to Subdiv. (1), as long as record indicates that defendant understood actual sentencing possibilities. 53 CA 90. Petitioner alleged sufficient facts to make a colorable showing that he would serve more prison time as result of Board of Pardons and Paroles application of revised section, as amended by Jan. Sp. Sess. P.A. 08-1, that specified he would not be eligible for parole until he served 85 per cent, rather than 50 per cent, of his sentence. 121 CA 1. Change to subsection removing potential of using earned risk reduction credits to advance the date petitioner could be eligible for parole does not violate the constitutional ex post facto prohibition since it has no bearing on the punishment petitioner's criminal conduct exposed him to. 177 CA 71.

Subsec. (f):

Section has the legal effect of altering defendant's punishment so that he no longer will serve life, or its equivalent, in prison without the possibility of parole, thus, if a defendant has the possibility of parole, there is no violation under Miller and resentencing is not required. 333 C. 378. Section does not violate the separation of powers doctrine by improperly delegating sentencing powers to the board. Id. Subdiv. (1): When a defendant is serving more than one definite sentence, the defendant's parole eligibility date for purposes of Subdiv. is calculated on the basis of the aggregate term of the definite sentences. 341 C. 97.

Parole hearing under section offers a constitutionally adequate remedy to juvenile offenders who are facing life without parole or its functional equivalent and who were entitled to be, but were not, sentenced with consideration of the mitigating factors of youth as required by Miller v. Alabama , 132 S. Ct. 2455. 167 CA 744. The meaningful textual differences between the Subsecs. at issue in Baker, 281 C. 241, and Perez, 326 C. 357, and this Subsec. leads to conclusion that legislature intended to vest petitioner with cognizable liberty interest in parole eligibility under this Subsec. 199 CA 575. Section does not violate equal protection clause because, even assuming arguendo that twenty year old offenders are similarly situated to juvenile offenders, the legislature had a rational basis for treating the two groups differently. 219 CA 228.
Conn. Gen. Stat. § 54-86h — Connecticut Code / Title 54 / Chapter 961 / Section 54-86h
Sec. 54-86h. Competency of child as witness.
Status: in_force

Cited. 211 C. 555; 241 C. 823.

Cited. 12 CA 585; 13 CA 368; 19 CA 36; 20 CA 737; 23 CA 509; 24 CA 146; 25 CA 21; 42 CA 186; judgment reversed, see 241 C. 823.
Conn. Gen. Stat. § 54-86n — Connecticut Code / Title 54 / Chapter 961 / Section 54-86n
Sec. 54-86n. Appointment of advocate in proceeding re the welfare or custody of a cat or dog. Advocate's duties. Department of Agriculture to maintain list of eligible advocates.
Status: in_force

(b) The advocate may: (1) Monitor the case; (2) consult any individual with information that could aid the judge or fact finder and review records relating to the condition of the cat or dog and the defendant's actions, including, but not limited to, records from animal control officers, veterinarians and police officers; (3) attend hearings; and (4) present information or recommendations to the court pertinent to determinations that relate to the interests of justice, provided such information and recommendations shall be based solely upon the duties undertaken pursuant to this subsection.

(c) The Department of Agriculture shall maintain a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students, or anticipate having students, with an interest in animal issues and the legal system. Such attorneys and law students shall be eligible to serve on a voluntary basis as advocates under this section. The provisions of sections 3-14 to 3-21 , inclusive, of the Connecticut Practice Book shall govern a law student's participation as an advocate under this section.
Conn. Gen. Stat. § 54-56j — Connecticut Code / Title 54 / Chapter 960 / Section 54-56j
Sec. 54-56j. Pretrial school violence prevention program.
Status: in_force

(b) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, it shall refer such person to the Court Support Services Division for assessment and confirmation of the eligibility of the applicant. The Court Support Services Division, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. As a condition of eligibility for participation in such program, the student and the parents or guardian of such student shall certify under penalty of false statement that, to the best of such person's knowledge and belief, such person does not possess any firearms, dangerous weapons, controlled substances or other property or materials the possession of which is prohibited by law or in violation of the law. Upon confirmation of eligibility, the defendant shall be referred to the Court Support Services Division for evaluation and placement in an appropriate school violence prevention program for one year.

(c) Any person who enters the program shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of the right to a speedy trial, (3) to participate in a school violence prevention program offered by a provider under contract with the Court Support Services Division pursuant to subsection (g) of this section, and (4) to successfully complete the assigned program. If the Court Support Services Division informs the court that the defendant is ineligible for the program and the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program, the court shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list.

(d) The Court Support Services Division shall monitor the defendant's participation in the assigned program and the defendant's compliance with the orders of the court including, but not limited to, maintaining contact with the student and officials of the student's school.

(e) If such defendant satisfactorily completes the assigned program and one year has elapsed since the defendant was placed in the program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of such defendant's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against the defendant after satisfactorily completing the assigned program and one year has elapsed since the defendant was placed in the program, the court, upon receipt of the record of the defendant's participation in such program submitted by the Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges.

(f) The cost of participation in such program shall be paid by the parent or guardian of such student, except that no student shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such student files with the court an affidavit of indigency or inability to pay and the court enters a finding thereof, or (2) the parent or guardian of such student has been determined indigent and such student is eligible for representation by a public defender who has been appointed on behalf of such student pursuant to section 51-296 . The court shall not require a person to perform community service in lieu of payment of such cost, if such cost is waived.

(g) The Court Support Services Division shall contract with service providers, develop standards and oversee appropriate school violence prevention programs to meet the requirements of this section.

(h) The school violence prevention program shall consist of group counseling sessions in anger management and nonviolent conflict resolution.

See Sec. 46b-133e re suspension of delinquency proceedings for participation in school violence prevention program.
Conn. Gen. Stat. § 54-49 — Connecticut Code / Title 54 / Chapter 960 / Section 54-49
Sec. 54-49. Reward for information as to high crime or crime resulting in death of police officer or firefighter.
Status: in_force

(b) When any crime has been committed in any municipality which results in the death of any police officer or firefighter, the chief executive officer of such municipality, upon the affirmative vote of two-thirds of the legislative body of such municipality, or when the legislative body is the town meeting, at least two-thirds of those present and voting, may offer publicly, a reward not exceeding twenty thousand dollars, to the person who gives information leading to the arrest and conviction of the guilty person, which reward shall be paid to the informer by the municipality, by order of the court before which such conviction is had.

A high crime is an immoral and unlawful act, nearly allied and equal in guilt to a felony, but not coming strictly within that denomination. 6 C. 417. Construction of section should be equitable; offer of reward not barred until statute of limitations has run against the crime. 39 C. 159. When city has no power to offer reward. 65 C. 300. Cited. 84 C. 374; 86 C. 437.
Conn. Gen. Stat. § 54-71 — Connecticut Code / Title 54 / Chapter 960 / Section 54-71
Sec. 54-71. Mistake in form of recognizance.
Status: in_force

Cited. 45 C. 352. Bond should receive liberal construction. 48 C. 59. Cited. 222 C. 331.
Conn. Gen. Stat. § 54-56e — Connecticut Code / Title 54 / Chapter 960 / Section 54-56e
Sec. 54-56e. (Formerly Sec. 54-76p). Accelerated pretrial rehabilitation.
Status: in_force

(b) The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant (1) who, the court believes, will probably not offend in the future, (2) who has no previous record of conviction of a crime or of a violation of section 14-196 , subsection (c) of section 14-215 , section 14-222a , subsection (a) or subdivision (1) of subsection (b) of section 14-224 , section 14-227a or 14-227m , subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-132a , 15-133 or 15-140n , and (3) who states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury, (A) that the defendant has never had such program invoked on the defendant's behalf or that the defendant was charged with a misdemeanor or a motor vehicle violation for which a term of imprisonment of one year or less may be imposed and ten or more years have passed since the date that any charge or charges for which the program was invoked on the defendant's behalf were dismissed by the court, or (B) with respect to a defendant who is a veteran, that the defendant has not had such program invoked in the defendant's behalf more than once previously, provided the defendant shall agree thereto and provided notice has been given by the defendant, on a form prescribed by the Office of the Chief Court Administrator, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail and such victim or victims have an opportunity to be heard thereon. Any defendant who applies for participation in such program shall pay to the court an application fee of thirty-five dollars, except as provided in subsection (g) of this section. No defendant shall be allowed to participate in the pretrial program for accelerated rehabilitation more than two times. For the purposes of this section, “veteran” has the same meaning as provided in section 27-103 .

(c) This section shall not be applicable: (1) To any person charged with (A) a class A felony, (B) a class B felony, except a violation of subdivision (1) or (2) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of subdivision (3) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person and does not involve a violation by a person who is a public official, as defined in section 1-110 , or a state or municipal employee, as defined in section 1-110 , or (C) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 14-227a or 14-227m , subdivision (1) or (2) of subsection (a) of section 14-227n , subdivision (2) of subsection (a) of section 53-21 or section 53a-56b , 53a-60d , 53a-70 , 53a-70a , 53a-71 , except as provided in subdivision (5) of this subsection, 53a-72a , 53a-72b , 53a-90a , 53a-196e or 53a-196f , (2) to any person charged with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes the death of another person, (3) to any person accused of a family violence crime as defined in section 46b-38a who (A) is eligible for the pretrial family violence education program established under section 46b-38c , or (B) has previously had the pretrial family violence education program invoked in such person's behalf, (4) to any person charged with a violation of section 21a-267 , 21a-279 or 21a-279a , who (A) is eligible for the pretrial drug education and community service program established under section 54-56i or the pretrial drug intervention and community service program established under section 54-56q , or (B) has previously had (i) the pretrial drug education program, (ii) the pretrial drug education and community service program established under the provisions of section 54-56i , or (iii) the pretrial drug intervention and community service program established under section 54-56q , invoked on such person's behalf, (5) unless good cause is shown, to (A) any person charged with a class C felony, or (B) any person charged with committing a violation of subdivision (1) of subsection (a) of section 53a-71 while such person was less than four years older than the other person, (6) to any person charged with a violation of section 9-359 or 9-359a , (7) to any person charged with a motor vehicle violation (A) while operating a commercial motor vehicle, as defined in section 14-1 , or (B) who holds a commercial driver's license or commercial learner's permit at the time of the violation, (8) to any person charged with a violation of subdivision (6) of subsection (a) of section 53a-60 , (9) to a health care provider or vendor participating in the state's Medicaid program charged with a violation of section 53a-122 or subdivision (3) of subsection (a) of section 53a-123 , or (10) to any person charged with a violation of section 15-132a , 15-133 or 15-140n .

(d) Except as provided in subsection (g) of this section, any defendant who enters such program shall pay to the court a participation fee of one hundred dollars. Any defendant who enters such program shall agree to the tolling of any statute of limitations with respect to such crime and to a waiver of the right to a speedy trial. Any such defendant shall appear in court and shall, under such conditions as the court shall order, be released to the supervision of the Court Support Services Division, except that, if a criminal docket for drug-dependent persons has been established pursuant to section 51-181b in the judicial district, such defendant may be transferred, under such conditions as the court shall order, to the court handling such docket for supervision by such court. If the defendant refuses to accept, or, having accepted, violates such conditions, the defendant's case shall be brought to trial. The period of such probation or supervision, or both, shall not exceed two years. If the defendant has reached the age of sixteen years but has not reached the age of eighteen years, the court may order that as a condition of such probation the defendant be referred for services to a youth service bureau established pursuant to section 10-19m , provided the court finds, through an assessment by a youth service bureau or its designee, that the defendant is in need of and likely to benefit from such services. When determining any conditions of probation to order for a person entering such program who was charged with a misdemeanor that did not involve the use, attempted use or threatened use of physical force against another person or a motor vehicle violation, the court shall consider ordering the person to perform community service in the community in which the offense or violation occurred. If the court determines that community service is appropriate, such community service may be implemented by a community court established in accordance with section 51-181c if the offense or violation occurred within the jurisdiction of a community court established by said section. If the defendant is charged with a violation of section 46a-58 , 53-37a , 53a-181j , 53a-181k or 53a-181 l , the court may order that as a condition of such probation the defendant participate in a hate crimes diversion program as provided in subsection (e) of this section. If a defendant is charged with a violation of section 53-247 , the court may order that as a condition of such probation the defendant undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant.

(e) If the court orders the defendant to participate in a hate crimes diversion program as a condition of probation, the defendant shall pay to the court a participation fee of four hundred twenty-five dollars, except as provided in subsection (g) of this section. The Judicial Department shall contract with service providers, develop standards and oversee appropriate hate crimes diversion programs to meet the requirements of this section. Any defendant whose employment or residence makes it unreasonable to attend a hate crimes diversion program in this state may attend a program in another state which has standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application and program fees as provided in this section. The hate crimes diversion program shall consist of an educational program and supervised community service.

(f) If a defendant released to the supervision of the Court Support Services Division satisfactorily completes such defendant's period of probation, such defendant may apply for dismissal of the charges against such defendant and the court, on finding such satisfactory completion, shall dismiss such charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing such defendant's period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the defendant satisfactorily completed such defendant's period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. If a defendant transferred to the court handling the criminal docket for drug-dependent persons satisfactorily completes such defendant's period of supervision, the court shall release the defendant to the supervision of the Court Support Services Division under such conditions as the court shall order or shall dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a . An order of the court denying a motion to dismiss the charges against a defendant who has completed such defendant's period of probation or supervision or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

(g) The court shall waive any application or participation fee under this section for any person who (1) files with the court an affidavit of indigency or inability to pay, assisted by the Court Support Services Division, to the extent requested by such person, and the court enters a finding of inability to pay, or (2) has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296 . The court shall not require a person to perform community service in lieu of payment of such fee, if such fee is waived.

Annotations to former section 54-76p:

Cited. 36 CS 527. Found error in denial of application for accelerated rehabilitation; detailed discussion in dissent. 37 CS 767.

Annotations to present section:

Claim to a dismissal of charges based on successful completion of conditions imposed under statute is interlocutory and review of claim not deemed proper as an exception to the ground rule requiring final judgment; exceptions discussed. 194 C. 650. Cited. 206 C. 512; 219 C. 752; 222 C. 331. Arbitrator improperly relied on employee's admission into accelerated rehabilitation program as evidence of cause for employee's discharge from employment despite clear and significant public policy that acceptance of accelerated rehabilitation is not evidence of guilt, that it cannot be used as evidence of guilt, and that it has no probative value on the issues of guilt or innocence of the charged offenses. 298 C. 824. Under 2014 Supplement, because the purpose of accelerated rehabilitation is to grant onetime offenders an opportunity to maintain a clean criminal record, a conviction obtained while participating in the program violates the purpose of section and requires a finding of unsatisfactory completion. 313 C. 590.

Denial of application for accelerated rehabilitation is not appealable following plea of nolo contendere. 2 CA 219. “Crime” means a single criminal act or transaction out of which one or more criminal charges might arise; determinative criterion governing statute is whether charges arise out of same act or transaction. 6 CA 505. Cited. 8 CA 273; 9 CA 631; judgment reversed, see 205 C. 352; Id., 686; 23 CA 559. Defendant charged with more than one single criminal act or transaction is ineligible for accelerated rehabilitation. 25 CA 235. Cited. 27 CA 635. Section is mandatory in nature; failure to complete satisfactorily the period of pretrial probation requires that case be returned to docket for trial. 45 CA 722. Court's appraisal of sufficiency of required apology to victim upheld, where defendant initiated other litigation that may have been impacted by wording of apology. 108 CA 605. Mere arrest of defendant, without more, was not sufficient ground to terminate defendant's accelerated rehabilitation. 110 CA 814.

Mere arrest of defendant, without more, is an insufficient ground for revoking his eligibility for dismissal of charges pursuant to accelerated rehabilitation program. 37 CS 853. Cited. Id., 864. Denial of application for accelerated rehabilitation not a final judgment from which right of appeal lies. 38 CS 552. Cited. Id., 689; 41 CS 454.

Subsec. (a):

After defendant's completion of program, court must act affirmatively by making a finding of satisfactory completion in order to dismiss charges against defendant and state's failure to terminate his status in the program during period of probation does not require court to dismiss the underlying charge. 98 CA 111. Legislature's use of both the singular “crime” and the plural “crimes” reflects the legislature's intent that statute may be invoked with respect to defendant accused of either one crime or multiple crimes, regardless of whether those crimes are temporally or otherwise related. 110 CA 442.
Conn. Gen. Stat. § 54-167 — Connecticut Code / Title 54 / Chapter 964 / Section 54-167
Sec. 54-167. Penalty for failure of officer to present accused in court.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-96 — Connecticut Code / Title 54 / Chapter 961 / Section 54-96
Sec. 54-96. Appeals by the state from Superior Court in criminal cases.
Status: in_force

Right of appeal not limited to errors during trial alone, but extends to errors in earlier part of proceedings. 58 C. 100. Section authorizes an appeal in the nature of a motion for a new trial after acquittal; bail. 65 C. 278; 106 C. 115. Proper method to pursue to secure rulings on evidence for appeal; asking prejudicial questions before jury to secure rulings on evidence held error. 100 C. 215. Proper method to be pursued by state in taking an appeal in a criminal case discussed. 106 C. 115. To review judgment of city court, state may bring writ of error. 118 C. 373. Statute held constitutional. 122 C. 542; 302 U.S. 319. Cited. 150 C. 246; 163 C. 230; 164 C. 637. Rulings and decisions appealable under section include any proceeding from which either criminal defendant or party to civil trial could appeal. 170 C. 337. State has right to appeal in criminal cases only from Superior Court on questions of law with permission of presiding judge. 171 C. 417. Cited. Id., 600; 174 C. 100; 176 C. 224. Double jeopardy does not attach as long as a retrial is not required in the event the state prevails in its appeal. 178 C. 450. Cited. 181 C. 284; 187 C. 109; 188 C. 183; Id., 626. State's motion for dismissal with prejudice in order to allow appeal from suppression order discussed. 189 C. 42. Cited. Id., 228; Id., 360; Id., 717; 191 C. 506; 192 C. 471; 194 C. 594; 197 C. 436. Jurisdictional predicate for appeal exists only if trial court abused discretion in denying motion for permission to appeal. 202 C. 300. Cited. 209 C. 23; 210 C. 110; 213 C. 66; Id., 708; 214 C. 657; Id., 692; 215 C. 189; 219 C. 752; 223 C. 411; 224 C. 656, see also 31 CA 452; 225 C. 355; 226 C. 514; 229 C. 178; 230 C. 427; Id., 608; 236 C. 659. Judgment of Appellate Court in 33 CA 550 reversed on appeal of state with respect to suppression of evidence pursuant to section. 238 C. 380. Cited. Id., 828; 240 C. 317; Id., 708; 241 C. 823. Trial court abuses its discretion in denying state permission to appeal under section if state demonstrates that the issues are debatable among jurists of reason, that a court could resolve the issues in a different manner, or that the questions are adequate to deserve encouragement to proceed further. 261 C. 395. In denying state permission to appeal, trial court misconstrued the law of unanimity in context of a capital felony penalty hearing and, by doing so, improperly concluded that jury reached a lawful verdict. 271 C. 338.

Cited. 1 CA 378; 2 CA 605; 3 CA 477; 4 CA 520; 7 CA 131; 10 CA 147; Id., 532; 15 CA 289; 17 CA 385; 18 CA 658; 19 CA 631; Id., 686; 20 CA 321. Appeal period runs from date permission to appeal is granted. 23 CA 559. Cited. 25 CA 235; 26 CA 667; 27 CA 427; 29 CA 512; 32 CA 1; 34 CA 1; 36 CA 803; judgment reversed, see 235 C. 659, see also 241 C. 823; 39 CA 550; judgment reversed with respect to suppression of evidence, see 238 C. 380; 40 CA 544; Id., 789; 42 CA 1; Id., 17; Id., 186; judgment reversed, see 241 C. 823; 43 CA 698; 45 CA 722; 46 CA 350. Probation revocation hearing is a criminal case that can be appealed under section. 50 CA 187. Trial court improperly denied state permission to appeal on the bases of inadequacy of record where state rectified record, lack of jurisdiction over defendant solely for prosecutor's failure to sign the information pursuant to Sec. 36-12, and state's failure to indicate its intention to appeal on date of dismissal of charges where state impliedly expressed its intent by seeking “one week” and planned to file motion to appeal within that period. 51 CA 676. In the absence of either permission to appeal or challenge to trial court's denial of permission to appeal, Appellate Court lacks subject matter jurisdiction to hear an appeal pursuant to section. 55 CA 250. Where there was sufficient basis in the evidence to support court's finding on a motion to suppress and there had been a full evidentiary hearing on such motion, the record was such that there was no clear, arbitrary and extreme abuse of discretion such that an injustice appears to have been done and, therefore, trial court's denial of state's request for permission to appeal was not an abuse of discretion. 64 CA 495. Despite the statutory language of section permitting the state to appeal “with the permission of the court”, the state may directly appeal a question of law without the permission of the court after requesting permission to appeal if the request is expressly denied. 147 CA 465.

Cited. 38 CS 521.
Conn. Gen. Stat. § 54-95a — Connecticut Code / Title 54 / Chapter 961 / Section 54-95a
Sec. 54-95a. (Formerly Sec. 54-17). Jurisdiction of Superior Court.
Status: in_force

Annotations to former section 54-17:

Superior Court formerly had no power to try a criminal case without a jury, even on agreement of parties. 27 C. 281. General criminal jurisdiction of Superior Court. 97 C. 600; 106 C. 719. Cited. 145 C. 124; 153 C. 129. The general rule of jurisdiction is that nothing shall be intended to be out of the jurisdiction of the Superior Court but that which specially appears to be so; and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is expressly so alleged. Id., 603, 612, 613. Cited. 154 C. 272, 278; 155 C. 595; 159 C. 150. Jurisdiction over the subject matter can neither be waived nor conferred by consent of the accused. 167 C. 228.

Cited. 9 CS 167. Held proper for police court to yield jurisdiction to Superior Court in certain gambling arrests in light of state's attorney's drive against gambling being carried on through Superior Court. 21 CS 246. Cited. 33 CS 708.

Cited. 5 Conn. Cir. Ct. 119.

Annotation to present section:

Cited. 14 CA 574.
Conn. Gen. Stat. § 54-124a — Connecticut Code / Title 54 / Chapter 961 / Section 54-124a
Sec. 54-124a. Board of Pardons and Paroles.
Status: in_force

(2) If, not later than September 1, 2015, the Governor appoints a part-time member and such member was previously a member whose term expired June 30, 2015, such appointment shall take effect immediately without confirmation by the General Assembly.

(b) The term of each member of the board shall be coterminous with the term of the Governor or until a successor is chosen, whichever is later. Any vacancy in the membership of the board shall be filled for the unexpired portion of the term by the Governor.

(c) Ten of the members of the board shall devote full time to the performance of their duties under this section and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40 . The other members of the board shall receive one hundred ten dollars for each day spent in the performance of their duties and shall be reimbursed for necessary expenses incurred in the performance of such duties. The chairperson or, in the chairperson's absence or inability to act, a member designated by the chairperson to serve temporarily as chairperson, shall be present at all meetings of the board and participate in all decisions.

(d) The chairperson shall be the executive and administrative head of said board and shall have the authority and responsibility for (1) overseeing all administrative affairs of the board, (2) assigning members to panels, (3) establishing procedural rules for members to follow when conducting hearings, reviewing recommendations made by employees of the board and making decisions, (4) adopting policies in all areas of pardons and paroles including, but not limited to, granting pardons, commutations of punishments or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death, risk-based structured decision making and release criteria, (5) consulting with the Department of Correction on shared issues including, but not limited to, prison overcrowding, (6) consulting with the Judicial Branch on shared issues of community supervision, and (7) signing and issuing subpoenas to compel the attendance and testimony of witnesses at parole proceedings. Any such subpoena shall be enforceable to the same extent as subpoenas issued pursuant to section 52-143 .

(e) (1) Each parole release panel shall be composed of three members, one of whom shall be the chairperson or a full-time member designated by the chairperson to serve temporarily as chairperson.

(2) Each pardons panel shall be composed of three members, one of whom may be the chairperson, except that for hearings on commutations from the penalty of death, one member of the panel shall be the chairperson.

(3) Each panel that discharges persons on parole from the custody of the Commissioner of Correction or that terminates the period of special parole for persons shall be composed of three members, one of whom shall be the chairperson or a full-time member designated by the chairperson to serve temporarily as chairperson.

(f) The Board of Pardons and Paroles shall have independent decision-making authority to (1) grant or deny parole in accordance with sections 54-125 , 54-125a , 54-125e and 54-125g , (2) establish conditions of parole or special parole supervision in accordance with section 54-126 , (3) rescind or revoke parole or special parole in accordance with sections 54-127 and 54-128 , (4) grant commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death in accordance with section 54-130a , (5) discharge any person on parole or inmate eligible for parole from the custody of the Commissioner of Correction pursuant to section 54-129 , and (6) terminate special parole in accordance with section 54-129 .

(g) The Department of Correction shall be responsible for the supervision of any person transferred to the jurisdiction of the Board of Pardons and Paroles during such person's period of parole or special parole.

(h) The chairperson, or the chairperson's designee, and two members of the board shall conduct all parole release hearings, and shall approve or deny all (1) parole revocations and parole rescissions recommended by an employee of the board pursuant to section 54-127a , and (2) recommendations for parole pursuant to section 54-125i . No panel of the Board of Pardons and Paroles shall hold a hearing to determine the suitability for parole release of any person unless the chairperson of the board has made reasonable efforts to determine the existence of and obtain all information deemed pertinent to the panel's decision and has certified that all such pertinent information determined to exist has been obtained or is unavailable.

(i) The chairperson of the board shall appoint an executive director. The executive director shall oversee the administration of the agency and, at the discretion of the chairperson, shall: (1) Direct and supervise all administrative affairs of the board, (2) prepare the budget and annual operation plan, (3) assign staff to administrative reviews, (4) organize pardons and parole release hearing calendars, (5) implement a uniform case filing and processing system, and (6) create programs for staff and board member development, training and education.

(j) The chairperson, in consultation with the executive director, shall adopt regulations, in accordance with chapter 54, concerning:

(1) Parole revocation and rescission hearings that include implementing due process requirements;

(2) An expedited pardons review that allows an applicant convicted of a crime to be granted a pardon with respect to such crime without a hearing, unless a victim of such crime requests such a hearing, if such applicant was convicted of a nonviolent crime;

(3) Requiring board members to issue written statements containing the reasons for rejecting any application for a pardon.

(k) The Board of Pardons and Paroles shall hold a pardons hearing at least once every three months and shall hold such hearings in various geographical areas of the state. The board shall not hold a pardons hearing within or on the grounds of a correctional facility except when solely for the benefit of applicants who are incarcerated at the time of such hearing.

(l) The chairperson and executive director shall establish:

(1) In consultation with the Department of Correction, a parole orientation program for all parole-eligible inmates upon their transfer to the custody of the Commissioner of Correction that will provide general information on the laws and policies regarding parole release, calculation of time-served standards, general conditions of release, supervision practices, revocation and rescission policies, and procedures for administrative review and panel hearings, and any other information that the board deems relevant for preparing inmates for parole;

(2) An incremental sanctions system for parole violations including, but not limited to, reincarceration based on the type, severity and frequency of the violation and specific periods of incarceration for certain types of violations;

(3) A formal training program for members of the board and parole officers, to be completed annually by each member, that shall include, but not be limited to, an overview of the criminal justice system, the parole system including factors to be considered in granting parole, victim rights and services, reentry strategies, risk assessment, case management and mental health issues; and

(4) A formal training program to be completed annually by each member of the board on the pardons process, including information concerning collateral consequences a person with a criminal record may face due to having a criminal record, such as when applying for housing or employment.

(m) The board shall employ at least one psychologist with expertise in risk assessment and recidivism of criminal offenders who shall be under the supervision of the chairperson and assist the board in its parole release decisions.

(n) In the event of the temporary inability of any member other than the chairperson to perform his or her duties, the Governor, at the request of the board, may appoint a qualified person to serve as a temporary member during such period of inability.

(o) The chairperson of the Board of Pardons and Paroles shall: (1) Adopt an annual budget and plan of operation, (2) adopt such rules as deemed necessary for the internal affairs of the board, and (3) submit an annual report to the Governor and General Assembly.

(p) Any decision of the board or a panel of the board shall be made by a majority of those members present.

See Sec. 4-38f for definition of “administrative purposes only”.

See Sec. 18-101f re nondisclosure of member or employee files to inmates.

Cited. 170 C. 124; 171 C. 691.
Conn. Gen. Stat. § 54-56n — Connecticut Code / Title 54 / Chapter 960 / Section 54-56n
Sec. 54-56n. Pretrial and diversionary program data collection and reporting.
Status: in_force

(b) Not later than January 15, 2017, and annually thereafter, the Judicial Branch shall submit a report detailing the data compiled for the previous calendar year pursuant to subsection (a) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to veterans' and military affairs and the judiciary, in accordance with the provisions of section 11-4a .
Conn. Gen. Stat. § 54-41p — Connecticut Code / Title 54 / Chapter 959a / Section 54-41p
Sec. 54-41p. Disclosure of contents of wire communication. Unauthorized disclosure: Class D felony.
Status: in_force

(b) Any person who has received, by any means authorized by this chapter, any information concerning a wire communication, or evidence derived therefrom, intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence insofar as it relates to the crimes set forth in section 54-41b while giving testimony under oath or affirmation in any criminal proceeding before any court or grand jury.

(c) If an investigative officer, while engaged in the interception of wire communications in accordance with the provisions of this chapter, intercepts wire communications relating to any crime not specified in the order authorizing such interception, the contents of such intercepted communications and evidence derived therefrom may be disclosed as otherwise provided in subsection (a) of this section.

(d) Any investigative officer who discloses the contents of any intercepted wire communication or evidence derived therefrom (1) to any person not authorized to receive such information or (2) in a manner otherwise than authorized by the provisions of this chapter shall be guilty of a class D felony.

Cited. 191 C. 360; 212 C. 485; 223 C. 906; 224 C. 322; Id., 593; 238 C. 692.

Cited. 27 CA 596.
Conn. Gen. Stat. § 54-82m — Connecticut Code / Title 54 / Chapter 961 / Section 54-82m
Sec. 54-82m. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1985.
Status: in_force

Cited. 202 C. 443; 218 C. 85; 233 C. 813. Exception to 60-day limitation period for acts of God and misconduct on part of defendant is a necessary implication. 242 C. 389. Cited. 243 C. 115. Trial court properly determined that the time that co-defendant's attorney was unavailable was excludable time for computing the commencement of defendant's trial. 252 C. 714. Administrative incompetence, whether founded in negligence, recklessness or a serious dereliction of duty, does not constitute “exceptional circumstances”, and therefore “good cause”, for the failure to bring defendant to trial before the 30-day period has expired. 265 C. 437.

Cited. 14 CA 244; 33 CA 184; judgment reversed, see 232 C. 707; 37 CA 384; 38 CA 868. Statutory right to speedy trial cited. 40 CA 483. Cited. Id., 643; Id., 757; 42 CA 144; 43 CA 488. Right to protection of statute waived by withdrawing motion and not filing for dismissal. 47 CA 91. Cited. 54 CA 361. Section codifies defendant's constitutional right to speedy trial and confers on Superior Court judges authority to make such rules as they deem necessary to establish procedure for implementing that right. 66 CA 357. Defendant not deprived of right to speedy trial when trial delay was occasioned by continuances requested by defendant's counsel, rather than by defendant, and defendant did not object. 78 CA 659.
Conn. Gen. Stat. § 54-240b — Connecticut Code / Title 54 / Chapter 968a / Section 54-240b
Sec. 54-240b. Application for program participation. Application assistants.
Status: in_force

(b) The Secretary of the State shall make available a list of entities that employ application assistants to assist applicants in applying for participation in the address confidentiality program, provided no entity shall be included on such list unless the entity has received sufficient funds from federal or state sources as reimbursement for the reasonable costs of implementing the provisions of this chapter.
Conn. Gen. Stat. § 54-83 — Connecticut Code / Title 54 / Chapter 961 / Section 54-83
Sec. 54-83. Testimony in case where crime is punishable by death or life imprisonment without possibility of release.
Status: in_force

Not necessary that there should be two witnesses to every material fact; true rule stated. 49 C. 385; 77 C. 274; 78 C. 18; 93 C. 246; 97 C. 465; 103 C. 467; 106 C. 705; 122 C. 533; 126 C. 57. Whether requirement is met is for the jury to say. 81 C. 27; 90 C. 126; 93 C. 246; 97 C. 465; 103 C. 467. Charge embodying rule approved. 97 C. 465. Cited. 123 C. 673. If testimony of one or more witnesses tends to prove that a murder has been committed, testimony of only one other witness implicating defendant is sufficient to satisfy statute. 139 C. 475. The proof of all the essential elements of a capital crime charged shall not depend upon the testimony of one witness. 142 C. 113. Cited. 147 C. 95. One witness may testify to some of the essential facts and another to the rest of the essential facts and the statute may be satisfied. Id., 194. Adoption of Wigmore definition of “corpus delicti”; previous cases defining “corpus delicti” overruled. 152 C. 15. Cited. 182 C. 511; 229 C. 125; 230 C. 183; 233 C. 813; 235 C. 206. Confession and independent circumstantial evidence satisfied the two witness rule. 251 C. 285. Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1.

Evidentiary burden imposed by section is not constitutionally compelled. 121 CA 699.
Conn. Gen. Stat. § 54-45a — Connecticut Code / Title 54 / Chapter 960 / Section 54-45a
Sec. 54-45a. Record of grand jury proceedings. Transcripts.
Status: in_force

(b) The transcript of such proceedings may not be used as evidence in any proceeding against the accused except for the purpose of impeaching a witness, attacking the credibility of a witness or proving inconsistent statements of a witness. The transcript may also be used as evidence in a prosecution for perjury committed by a witness while giving such testimony.

Cited. 177 C. 677; 181 C. 268; 186 C. 476. Availability and use of grand jury transcripts discussed. 187 C. 281. Cited. 193 C. 350; 194 C. 469; Id., 530; 197 C. 698; 198 C. 644; 200 C. 323; 201 C. 534. Statute governs indicting grand juries and expressly prohibits subsequent use of grand jury testimony. 250 C. 188.

Cited. 10 CA 103.

Transcript may not be used to impeach a grand jury finding of a true bill. 36 CS 141. Cited. 42 CS 10; 45 CS 1.
Conn. Gen. Stat. § 54-211 — Connecticut Code / Title 54 / Chapter 968 / Section 54-211
Sec. 54-211. Time limitation on filing application for compensation. Restrictions on award of compensation. Amount of compensation.
Status: in_force

(b) No compensation shall be awarded if: (1) The offender is unjustly enriched by the award, provided compensation awarded to a victim which would benefit the offender in a minimal or inconsequential manner shall not be considered unjust enrichment; (2) the victim violated a penal law of this state, which violation caused or contributed to such victim's injuries or death.

(c) Except as provided in subsection (d) of this section, no compensation shall be awarded for losses sustained for crimes against property or for noneconomic detriment such as pain and suffering.

(d) (1) (A) Compensation for personal injury shall be in an amount not to exceed fifteen thousand dollars; (B) compensation to or for the benefit of the dependents of a homicide victim shall be in an amount not to exceed twenty-five thousand dollars; (C) the claims of the dependents of a deceased victim, as provided in section 54-208 , shall be considered derivative of the claim of such victim and the total compensation paid for all claims arising from the death of such victim shall not exceed a maximum of twenty-five thousand dollars; and (D) in cases of emotional harm only, compensation for medical and mental health care and security measures shall be in an amount not to exceed five thousand dollars.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or a victim compensation commissioner may award additional compensation in an amount not to exceed five thousand dollars above the maximum amounts set forth in said subdivision to a personal injury victim, who is a minor at the time the application for compensation or restitution services is filed, when such victim has additional medical needs or mental health counseling needs.

(3) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or a victim compensation commissioner may, for good cause shown and upon a finding of compelling equitable circumstances, award compensation in an amount in excess of the maximum amounts set forth in said subdivision.

(e) Orders for payment of compensation pursuant to sections 54-201 to 54-218 , inclusive, may be made only as to injuries or death resulting from incidents or offenses arising on and after January 1, 1979, except that orders for payment of compensation pursuant to subsection (b) of section 54-209 may be made only as to injuries or death resulting from incidents or offenses arising on and after July 1, 1985.

(f) Compensation shall be awarded pursuant to sections 54-201 to 54-218 , inclusive, for personal injury or death resulting from a crime which occurs (1) within this state, regardless of the residency of the applicant; (2) outside this state but within the territorial boundaries of the United States, provided the victim, at the time of injury or death, was a resident of this state and the state in which such crime occurred does not have a program for compensation of victims for which such victim is eligible; (3) outside the territorial boundaries of the United States, provided the victim was a resident of this state at the time of injury or death, the crime would be considered a crime within the State of Connecticut, and the country in which such crime occurred does not have a program for compensation of victims for which such victim is eligible; and (4) outside the territorial boundaries of the United States, provided the applicant is a victim of international terrorism, as defined in 18 USC 2331, as amended from time to time, and was a resident of this state at the time of injury or death.
Conn. Gen. Stat. § 54-222 — Connecticut Code / Title 54 / Chapter 968 / Section 54-222
Sec. 54-222. Brochure re rights of victims and victim services. Notice concerning services for victims of human trafficking.
Status: in_force

(b) The Office of the Chief Court Administrator shall develop a concise notice concerning services available to victims of human trafficking. Such notice shall indicate that any person who is forced to engage in any activity and who cannot leave may contact a state or federal anti-trafficking hotline, and shall indicate the toll-free telephone numbers for such hotlines. The office shall make copies of such notice available to persons who are required to post such notice pursuant to section 54-234a .
Conn. Gen. Stat. § 54-169 — Connecticut Code / Title 54 / Chapter 964 / Section 54-169
Sec. 54-169. Arrest warrant of judge.
Status: in_force

Warrant necessary for arrest under Uniform Criminal Extradition Act. 146 C. 509. Cited. 157 C. 38; 186 C. 404; 190 C. 631; 193 C. 116; Id., 270.

Cited. 26 CS 469.
Conn. Gen. Stat. § 54-240a — Connecticut Code / Title 54 / Chapter 968a / Section 54-240a
Sec. 54-240a. Program purpose. Regulations.
Status: in_force

(b) The Secretary of the State shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this chapter. Such regulations may include, but need not be limited to, provisions for applications for participation in the address confidentiality program, certification of program participants, certification cancellation, agency use of program addresses, forwarding of program participants' mail, voting by program participants and recording of vital statistics for program participants.
Conn. Gen. Stat. § 54-53a — Connecticut Code / Title 54 / Chapter 960 / Section 54-53a
Sec. 54-53a. Detention of persons who have not made bail.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, any person who has not made bail and is detained in a correctional facility pursuant to the issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense classified as a class D or E felony, except a person charged with a crime in another state and detained pursuant to chapter 964 or a person detained for violation of parole pending a parole revocation hearing, shall be presented to the court having cognizance of the offense not later than thirty days after the date of the person's detention, unless such presentment is waived by the person. On such presentment, the court may reduce, modify or discharge the bail or may for cause shown remand the person to the custody of the Commissioner of Correction. On the expiration of each successive thirty-day period, the person shall again be presented to the court for such purpose.

(c) (1) Notwithstanding the provisions of subsection (a) or (b) of this section, any person who has not made bail and is detained in a correctional facility for no offense other than a misdemeanor, except a person charged with a crime in another state and detained pursuant to chapter 964 or a person detained for violation of parole pending a parole revocation hearing, shall be presented to the court having cognizance of the offense not later than fourteen days after the date of the person's arraignment, unless such presentment is waived by the person.

(2) If such person is detained for a misdemeanor that is not a family violence crime, as defined in section 46b-38a , on such presentment the court shall remove the financial conditions on the release of the person unless the court makes a finding on the record, pursuant to the provisions of subdivision (2) of subsection (a) of section 54-64a .

(3) If such person is detained for a misdemeanor that is a family violence crime, as defined in section 46b-38a , on such presentment the court shall remove the financial conditions on the release of the person unless the court makes a finding on the record pursuant to the provisions of subdivision (2) of subsection (a) of section 54-64a that, without such conditions, there is a likely risk that (A) the person will fail to appear in court, as required, (B) the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective juror or witness, or (C) the person will engage in conduct that threatens the safety of another person.

(d) Notwithstanding the provisions of this section, any person who has not made bail may be heard by the court upon a motion for modification of the bail at any time.

See Sec. 51-180 re criminal terms and sessions of court.

See Sec. 51-180a re special session held when accused is confined for want of bail.

Cited. 169 C. 438. Section, which requires review of bail every 45 days for persons held in custody while mandating procedure for implementing right to be released on bail, provides no sanction for a violation of that procedure; denial of any right created by section is not a violation of fundamental constitutional right. 171 C. 395.

Cited. 29 CS 434. Provides no sanction in event of a violation; defendant not entitled to dismissal of information without showing of prejudice. 43 CS 211.
Conn. Gen. Stat. § 54-1l — Connecticut Code / Title 54 / Chapter 959 / Section 54-1l
Sec. 54-1l. Short title: Alvin W. Penn Racial Profiling Prohibition Act.
Status: in_force

(b) For purposes of this section, “racial profiling” means the detention, interdiction or other disparate treatment of an individual by a police officer on the basis, in whole or in part, of the perceived racial or ethnic status of such individual, except when such status is used in combination with other information when seeking to apprehend a specific suspect whose racial or ethnic status is part of the description of the suspect.

(c) No member of the Division of State Police within the Department of Emergency Services and Public Protection, a municipal police department or any other law enforcement agency shall engage in racial profiling.
Conn. Gen. Stat. § 54-91a — Connecticut Code / Title 54 / Chapter 961 / Section 54-91a
Sec. 54-91a. (Formerly Sec. 54-109). Presentence investigation of defendant.
Status: in_force

(b) A defendant who is convicted of a crime and is not eligible for sentence review pursuant to section 51-195 may, with the consent of the sentencing judge and the prosecuting official, waive the presentence investigation, except that the presentence investigation may not be waived when the defendant is convicted of a felony involving family violence pursuant to section 46b-38a and the punishment for which may include imprisonment.

(c) Whenever an investigation is required, the probation officer shall promptly inquire into the circumstances of the offense, the attitude of the complainant or victim, or of the immediate family where possible in cases of homicide, and the criminal record, social history and present condition of the defendant. Such investigation shall include an inquiry into any damages suffered by the victim, including medical expenses, loss of earnings and property loss. All local and state police agencies shall furnish to the probation officer such criminal records as the probation officer may request. When in the opinion of the court or the investigating authority it is desirable, such investigation shall include a physical and mental examination of the defendant. If the defendant is committed to any institution, the investigating agency shall send the reports of such investigation to the institution at the time of commitment.

(d) In lieu of ordering a full presentence investigation, the court may order an abridged version of such investigation, which (1) shall contain (A) identifying information about the defendant, (B) information about the pending case from the record of the court, (C) the circumstances of the offense, (D) the attitude of the complainant or victim, (E) any damages suffered by the victim, including medical expenses, loss of earnings and property loss, and (F) the criminal record of the defendant, and (2) may encompass one or more areas of the social history and present condition of the defendant, including family background, significant relationships or children, educational attainment or vocational training, employment history, financial situation, housing situation, medical status, mental health status, substance abuse history, the results of any clinical evaluation conducted of the defendant or any other information required by the court that is consistent with the provisions of this section. If the court orders an abridged version of such investigation for a felony involving family violence, as defined in section 46b-38a , the abridged version of such investigation shall, in addition to the information set forth in subdivision (1) of this subsection, contain the following information concerning the defendant: (A) Family background, (B) significant relationships or children, (C) mental health status, and (D) substance abuse history.

(e) Any information contained in the files or report of an investigation pursuant to this section shall be available to the Court Support Services Division for the purpose of performing the duties contained in section 54-63d and to the Department of Mental Health and Addiction Services for purposes of diagnosis and treatment.

Annotations to former section 54-109:

Refusal of court to allow defendant to question on the witness stand the probation officer who prepared report held not violation of right to be confronted by witnesses and to cross-examine them. 147 C. 125. Cited. 153 C. 673; 160 C. 151, 165. Request to withdraw nolo contendere plea after presentence report may validly be refused by court if it is deemed delaying action. 161 C. 20. Cited. 168 C. 623; 169 C. 263; 176 C. 270.

Presentence investigation and report should have been made where minor defendant sentenced to reformatory for not more than 2 years for crime, the prescribed penalty for which is not more than 1 year. 26 CS 505. So, where term to be served was not more than 2 years where punishment for crime would include imprisonment for more than 1 year. 27 CS 81.

Not error to order presentence report and consider it before motion in arrest of judgment was heard. 3 Conn. Cir. Ct. 153. Not an abuse of discretion to deny accused withdrawal of plea of nolo contendere after being given copy of presentence report. Id., 206.

Annotations to present section:

Cited. 197 C. 106; 199 C. 121; 234 C. 139; 236 C. 561.

Cited. 5 CA 378; 8 CA 607; 10 CA 591; 19 CA 640; 22 CA 10; 37 CA 801; 40 CA 643; 42 CA 768; 43 CA 142. Any objection to presentence investigation report must be made prior to sentencing because trial court is required to consider information contained in the PSI prior to sentencing. 49 CA 702.

Subsec. (c):

Statute recognizes the wide range of information which a sentencing court should consider. 1 CA 724.
Conn. Gen. Stat. § 54-102h — Connecticut Code / Title 54 / Chapter 961 / Section 54-102h
Sec. 54-102h. Procedure for collection of blood or other biological sample for DNA analysis.
Status: in_force

(2) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (b) of section 54-102g shall be the responsibility of the Department of Correction and shall be taken at a time and place specified by the Department of Correction.

(3) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (c) of section 54-102g shall be the responsibility of the Judicial Department and shall be taken at a time and place specified by the Court Support Services Division.

(4) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (d) of section 54-102g shall be the responsibility of the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services, as the case may be, and shall be taken at a time and place specified by said commissioner.

(5) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (e) of section 54-102g shall be the responsibility of the Judicial Department if such person is serving a period of probation and of the Department of Correction if such person is serving a period of parole and shall be taken at a time and place specified by the Court Support Services Division or the Department of Correction, as the case may be.

(6) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (f) of section 54-102g shall be the responsibility of the agency in whose custody or under whose supervision such person has been placed, and shall be taken at a time and place specified by such agency.

(b) Only a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, a registered nurse or a phlebotomist shall take any blood sample to be submitted to analysis.

(c) No civil liability shall attach to any person authorized to take a blood or other biological sample as provided in this section as a result of the act of taking such sample from any person submitting thereto, if the blood or other biological sample was taken according to recognized medical procedures, provided no person shall be relieved from liability for negligence in the taking of any such sample.

(d) (1) Chemically clean sterile disposable needles and vacuum draw tubes shall be used for all blood samples. The tube or container for a blood or other biological sample shall be sealed and labeled with the subject's name, Social Security number, date of birth, race and gender, the name of the person collecting the sample, and the date and place of collection. The tube or container shall be secured to prevent tampering with the contents.

(2) Only collection kits approved by the Division of Scientific Services within the Department of Emergency Services and Public Protection may be used for the collection of biological samples by buccal swabs.

(e) The steps set forth in this section relating to the taking, handling, identification and disposition of blood or other biological samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the Division of Scientific Services within the Department of Emergency Services and Public Protection not more than fifteen days following their collection and shall be analyzed and stored in the DNA data bank in accordance with sections 54-102i and 54-102j .
Conn. Gen. Stat. § 54-56g — Connecticut Code / Title 54 / Chapter 960 / Section 54-56g
Sec. 54-56g. Pretrial alcohol education program.
Status: in_force

(2) The court shall provide each such victim who sustained a serious physical injury an opportunity to be heard prior to granting an application under this section. Unless good cause is shown, a person shall be ineligible for participation in such pretrial alcohol education program if such person's alleged violation of section 14-227a , 14-227g or 14-227m , subdivision (1) or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-133 caused the serious physical injury, as defined in section 53a-3 , of another person.

(3) The application fee imposed under this subsection shall be credited to the Criminal Injuries Compensation Fund established under section 54-215 . The evaluation fee imposed under this subsection shall be credited to the pretrial account established under section 54-56k .

(b) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, the court shall refer such person to the Court Support Services Division for assessment and confirmation of the eligibility of the applicant and to the Department of Mental Health and Addiction Services for evaluation. The Court Support Services Division, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. Upon confirmation of eligibility and receipt of the evaluation report, the defendant shall be referred to the Department of Mental Health and Addiction Services by the Court Support Services Division for placement in an appropriate alcohol intervention program for one year, or be placed in a state-licensed substance abuse treatment program. The alcohol intervention program shall include a ten-session intervention program and a fifteen-session intervention program. Any person who enters the pretrial alcohol education program shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of such person's right to a speedy trial, (3) to complete ten or fifteen counseling sessions in an alcohol intervention program or successfully complete a substance abuse treatment program of not less than twelve sessions pursuant to this section dependent upon the evaluation report and the court order, (4) to commence participation in an alcohol intervention program or substance abuse treatment program not later than ninety days after the date of entry of the court order unless granted a delayed entry into a program by the court, (5) upon completion of participation in the alcohol intervention program, to accept placement in a substance abuse treatment program upon the recommendation of a provider under contract with the Department of Mental Health and Addiction Services pursuant to subsection (f) of this section or placement in a state-licensed substance abuse treatment program which meets standards established by the Department of Mental Health and Addiction Services, if the Court Support Services Division deems it appropriate, and (6) if ordered by the court, to participate in at least one victim impact panel. The suspension of the motor vehicle operator's license of any such person pursuant to section 14-227b shall be effective during the period such person is participating in the pretrial alcohol education program, provided such person shall have the option of not commencing the participation in such program until the period of such suspension is completed. If the Court Support Services Division informs the court that the defendant is ineligible for such program and the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program or is no longer amenable to treatment and such person does not request, or the court denies, program reinstatement under subsection (e) of this section, the court shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list. If such defendant satisfactorily completes the assigned program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of the defendant's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing the assigned program the court, upon receipt of the record of the defendant's participation in such program submitted by the Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Upon motion of the defendant and a showing of good cause, the court may extend the one-year placement period for a reasonable period for the defendant to complete the assigned program. A record of participation in such program shall be retained by the Court Support Services Division for a period of ten years from the date the court grants the application for participation in such program. The Court Support Services Division shall transmit to the Department of Motor Vehicles a record of participation in such program for each person who satisfactorily completes such program. The Department of Motor Vehicles shall maintain for a period of ten years the record of a person's participation in such program as part of such person's driving record. The Court Support Services Division shall transmit to the Department of Energy and Environmental Protection the record of participation of any person who satisfactorily completes such program who has been charged with a violation of the provisions of subsection (d) of section 15-133 or section 15-140n . The Department of Energy and Environmental Protection shall maintain for a period of ten years the record of a person's participation in such program as a part of such person's boater certification record.

(c) (1) At the time the court grants the application for participation in the pretrial alcohol education program, such person shall also pay to the court a nonrefundable program fee of three hundred fifty dollars if such person is ordered to participate in the ten-session intervention program and a nonrefundable program fee of five hundred dollars if such person is ordered to participate in the fifteen-session intervention program. If the court grants the application for participation in the pretrial alcohol education program and such person is ordered to participate in a substance abuse treatment program, such person shall be responsible for the costs associated with participation in such program. No person may be excluded from either program for inability to pay such fee or cost, and the court shall waive any such fee or cost for any intervention program if such person is found eligible to have such fee or cost waived under subsection (i) of this section.

(2) If the court finds that a person is indigent or unable to pay for a treatment program using the method for determining indigency described in subsection (i) of this section, the costs of such program shall be paid from the pretrial account established under section 54-56k .

(3) If the court denies the application, such person shall not be required to pay the program fee. If the court grants the application and such person is later determined to be ineligible for participation in such pretrial alcohol education program or fails to complete the assigned program, the program fee shall not be refunded. All program fees shall be credited to the pretrial account established under section 54-56k .

(d) If a person returns to court with certification from a program provider that such person did not successfully complete the assigned program or is no longer amenable to treatment, the provider, to the extent practicable, shall include a recommendation to the court as to whether a ten-session intervention program, a fifteen-session intervention program or placement in a state-licensed substance abuse treatment program would best serve such person's needs. The provider shall also indicate whether the current program referral was an initial referral or a reinstatement to the program.

(e) When a person subsequently requests reinstatement into an alcohol intervention program or a substance abuse treatment program and the Court Support Services Division verifies that such person is eligible for reinstatement into such program and thereafter the court favorably acts on such request, such person shall pay a nonrefundable program fee of one hundred seventy-five dollars if ordered to complete a ten-session intervention program or two hundred fifty dollars if ordered to complete a fifteen-session intervention program, as the case may be, except as provided in subsection (i) of this section. If the court grants a person's request to be reinstated into a treatment program, such person shall be responsible for the costs, if any, associated with being reinstated into the treatment program. All program fees collected in connection with a reinstatement to an intervention program shall be credited to the pretrial account established under section 54-56k . No person shall be permitted more than two program reinstatements pursuant to this subsection.

(f) The Department of Mental Health and Addiction Services shall contract with service providers, develop standards and oversee appropriate alcohol programs to meet the requirements of this section. Said department shall adopt regulations, in accordance with chapter 54, to establish standards for such alcohol programs. Any person ordered to participate in a treatment program shall do so at a state-licensed treatment program which meets the standards established by said department. Any defendant whose employment or residence makes it unreasonable to attend an alcohol intervention program or a substance abuse treatment program in this state may attend a program in another state which has standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application, evaluation and program fees and treatment costs, as appropriate, as provided in this section.

(g) The court may, as a condition of granting such application, require that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than seventy-five dollars on any person required by the court to participate in such program, provided such organization shall offer a waiver when such person has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296 .

(h) The provisions of this section shall not be applicable in the case of any person charged with a violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n (1) while operating a commercial motor vehicle, as defined in section 14-1 , or (2) who holds a commercial driver's license or commercial learner's permit at the time of the violation.

(i) The court shall waive any fee or cost under subsection (a), (c) or (e) of this section for any person who (1) files with the court an affidavit of indigency or inability to pay, has such indigency confirmed by the Court Support Services Division and the court enters a finding thereof, or (2) has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296 . The court shall not require a person to perform community service in lieu of payment of such fee or cost, if such fee or cost is waived.

(j) A court may not grant an application to participate in the pretrial alcohol education program under this section on or after April 1, 2022. Anyone participating in the program on April 1, 2022, may continue such participation until successful completion of the program or termination of participation in the program after any possible reinstatements in the program.

Trial court might reasonably have determined that defendant lost her eligibility to continue in the system of alcohol education when, shortly after she had been admitted, she again operated her vehicle while intoxicated. 200 C. 102. Pretrial alcohol education program cited. Id., 615.

Cited. 39 CA 11; 45 CA 722. Program is a pretrial diversionary program designed to avoid trial and therefore court did not abuse its discretion in denying application for participation in program after jury selection had commenced. 86 CA 751. Trial court not required to conduct an evidentiary hearing to remove defendant from first-time offender program because he effectively conceded he was not entitled to dismissal of charge when he pleaded guilty as a triple first-time offender. 193 CA 637.

Cited. 37 CS 767; 38 CS 675; Id., 689.

Subsec. (a):

Subdiv. (1)(D) plain and unambiguous; trial court properly denied application and related motion to dismiss because of defendant's 1997 New York conviction since statute expressly states that persons with out of state convictions, at any time, are not eligible for program. 162 CA 145.

Subsec. (f):

Defendant was ineligible for pretrial alcohol education program because she was the holder of a commercial driver's license at the time she was charged with violating Sec. 14-227a concerning operation of a motor vehicle while under the influence of intoxicating liquor or drugs. 110 CA 836.
Conn. Gen. Stat. § 54-1t — Connecticut Code / Title 54 / Chapter 959 / Section 54-1t
Sec. 54-1t. Adoption of policy re police use of electronic defense weapons. Data collection. Reports.
Status: in_force

(b) (1) Each law enforcement agency that authorizes a police officer employed by such agency to use an electronic defense weapon shall: (A) Not later than January 31, 2015, adopt and maintain a written policy that meets or exceeds the model policy developed by the Police Officer Standards and Training Council regarding the use of an electronic defense weapon; (B) require police officers to document any use of an electronic defense weapon in use-of-force reports; (C) not later than January fifteenth following each calendar year in which an electronic defense weapon is used, prepare an annual report using the form developed and promulgated by the Police Officer Standards and Training Council pursuant to section 7-294cc that details the use of electronic defense weapons by police officers employed by such agency and includes (i) data downloaded from the electronic defense weapons after their use, (ii) data compiled from the use-of-force reports, and (iii) statistics on each such use of an electronic defense weapon, including, but not limited to, (I) the race and gender of each person on whom the electronic defense weapon was used, provided the identification of such characteristics shall be based on the observation and perception of the police officer that used the electronic defense weapon, (II) the number of times the electronic defense weapon was activated and used on such person, (III) the injury, if any, suffered by such person against whom the electronic defense weapon was used, and (IV) if the electronic defense weapon that was used had different usage modes, the mode used; and (D) not later than January 15, 2016, and annually thereafter, submit the report to the Criminal Justice Policy and Planning Division within the Office of Policy and Management.

(2) Not later than January 15, 2016, and annually thereafter, a law enforcement agency that does not authorize police officers employed by such agency to use an electronic defense weapon shall submit a report to the Criminal Justice Policy and Planning Division within the Office of Policy and Management stating that such agency does not authorize its officers to use electronic defense weapons.

(c) The Office of Policy and Management shall post the annual reports submitted pursuant to subsection (b) of this section on its Internet web site.
Conn. Gen. Stat. § 54-165 — Connecticut Code / Title 54 / Chapter 964 / Section 54-165
Sec. 54-165. Power of arresting officer.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-210 — Connecticut Code / Title 54 / Chapter 968 / Section 54-210
Sec. 54-210. Compensation ordered for expenses, loss of earnings, pecuniary loss and other losses.
Status: in_force

(b) Payment of compensation under sections 54-201 to 54-218 , inclusive, may be made to a person who is a recipient of public assistance or state-administered general assistance for necessary and reasonable expenses related to injuries resulting from a crime and not provided for by the income assistance program in which such person is a participant. Unless required by federal law, no such payment shall be considered an asset for purposes of eligibility for such assistance.
Conn. Gen. Stat. § 54-125g — Connecticut Code / Title 54 / Chapter 961 / Section 54-125g
Sec. 54-125g. Parole of prisoner nearing end of maximum sentence.
Status: in_force

The term “definite sentence” means the full sentence imposed by the sentencing court, and not the sentence as reduced by various statutory credits. 338 C. 347.
Conn. Gen. Stat. § 54-255 — Connecticut Code / Title 54 / Chapter 969 / Section 54-255
Sec. 54-255. Restriction on dissemination of registration information for certain offenders.
Status: in_force

(b) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21 , the court may order the Department of Emergency Services and Public Protection to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides. The court shall remove the restriction on the dissemination of such registration information if, at any time, it finds that public safety requires that such person's registration information be made available to the public or that a change in circumstances makes publication of the registration information no longer likely to reveal the identity of the victim within the community where the victim resides.

(c) Any person who: (1) Has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1999, and was under nineteen years of age at the time of the offense; (2) has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a between October 1, 1988, and June 30, 1999; (3) has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, between October 1, 1988, and June 30, 1999, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21 ; (4) has been convicted or found not guilty by reason of mental disease or defect of a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, between October 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty by reason of mental disease or defect of any crime between October 1, 1988, and September 30, 1998, which requires registration under sections 54-250 to 54-258a , inclusive, and (A) served no jail or prison time as a result of such conviction or finding of not guilty by reason of mental disease or defect, (B) has not been subsequently convicted or found not guilty by reason of mental disease or defect of any crime which would require registration under sections 54-250 to 54-258a , inclusive, and (C) has registered with the Department of Emergency Services and Public Protection in accordance with sections 54-250 to 54-258a , inclusive; may petition the court to order the Department of Emergency Services and Public Protection to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access. Any person who files such a petition shall, pursuant to subsection (b) of section 54-227 , notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such petition. The Office of Victim Services or the Victim Services Unit within the Department of Correction, or both, shall, pursuant to section 54-230 or 54-230a , notify any victim who has requested notification pursuant to subsection (b) of section 54-228 of the filing of such petition. Prior to granting or denying such petition, the court shall consider any information or statements provided by the victim. The court may order the Department of Emergency Services and Public Protection to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety.

“Registration information” means any information that is received, maintained and disseminated by the registry, and restricted registration information should not be disclosed except as provided in Sec. 54-258(a)(4). 298 C. 703.

When properly read in context, the phrase “jail or prison time” in Subsec. (c)(5)(A) is most reasonably construed to include confinement in a hospital for psychiatric disabilities pursuant to Sec. 17a-582(e)(1). 225 CA 16.
Conn. Gen. Stat. § 54-182 — Connecticut Code / Title 54 / Chapter 964 / Section 54-182
Sec. 54-182. State's rights not waived.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-159 — Connecticut Code / Title 54 / Chapter 964 / Section 54-159
Sec. 54-159. Requirements for recognition of extradition demand.
Status: in_force

As long as copy of judgment recited plaintiff's conviction and sentence as second offender, copy of information upon which he was presented as second offender not essential to validity of extradition request. 149 C. 73. Cited. 157 C. 407; 161 C. 329; 186 C. 404; 188 C. 364; 190 C. 631; 193 C. 270; 194 C. 702. Provisions of Sec. 1-36 not applicable to extradition documentation. 195 C. 465. Cited. 196 C. 557; 201 C. 162.

Recognition of extradition requests under federal law and this statute discussed. 3 CA 512. Cited. 26 CA 254; 33 CA 41; 36 CA 678.

Affiant's statement that she “believes” plaintiff to be the perpetrator of the crimes charged in Florida is not a substantial charge hereunder and writ of habeas corpus releasing plaintiff was granted. 31 CS 412. Implements Art. IV, Sec. 2 of U.S. Constitution; person demanded may resist extradition by proving, in habeas corpus proceeding, that he was not present in demanding state at time of alleged offense and is, therefore, not a fugitive from its justice. 34 CS 78. Judicial finding of probable cause should be explicitly made. 40 CS 179. Cited. 42 CS 569.
Conn. Gen. Stat. § 54-164 — Connecticut Code / Title 54 / Chapter 964 / Section 54-164
Sec. 54-164. Authorization under warrant.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-158 — Connecticut Code / Title 54 / Chapter 964 / Section 54-158
Sec. 54-158. Governor's duty to arrest and deliver up fugitive.
Status: in_force

Cited. 163 C. 394; 186 C. 404; 190 C. 631; 193 C. 116.

Cited. 3 CA 512.

Words “or other crime” necessarily include misdemeanors. 25 CS 179.
Conn. Gen. Stat. § 54-36o — Connecticut Code / Title 54 / Chapter 959 / Section 54-36o
Sec. 54-36o. Property derived from identity theft subject to forfeiture to state. Exceptions. Proceeds.
Status: in_force

(b) Not later than ninety days after the seizure of property subject to forfeiture pursuant to subsection (a) of this section, in connection with a lawful arrest or a lawful search that results in an arrest, the Chief State's Attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney may petition the court in the nature of a proceeding in rem to order forfeiture of said moneys or property. Such proceeding shall be deemed a civil suit in equity, in which the state shall have the burden of proving all material facts by clear and convincing evidence. The court shall identify the owner of such property and any other person as appears to have an interest therein, and order the state to give notice to such owner and any interested person by certified or registered mail. No testimony offered or evidence produced by such owner or interested person at such hearing and no evidence discovered as a result of or otherwise derived from such testimony or evidence, may be used against such owner or interested person in any proceeding, except that no such owner or interested person shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. At such hearing the court shall hear evidence and make findings of fact and enter conclusions of law and shall issue a final order, from which the parties shall have such right of appeal as from a decree in equity.

(c) The court shall hold a hearing on the petition filed pursuant to subsection (a) of this section not more than two weeks after the criminal proceeding that occurred as a result of the arrest has been nolled, dismissed or otherwise disposed of. The court shall deny the petition and return the property to the owner if the criminal proceeding does not result in (1) a plea of guilty or nolo contendere to any offense charged in the same criminal information, (2) a guilty verdict after trial to a forfeiture-eligible offense for which the property was possessed, controlled, designed or intended for use, or which was or had been used as a means of committing such offense, or which constitutes the proceeds of the commission of such offense, or (3) a dismissal resulting from the completion of a pretrial diversionary program.

(d) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such property was being used or was intended to be used in, or was derived from, criminal activity.

(e) Notwithstanding the provisions of subsection (a) of this section, no property used or intended to be used by the owner thereof to pay legitimate attorney's fees in connection with his defense in a criminal prosecution shall be subject to forfeiture under this section.

(f) Any property ordered forfeited pursuant to subsection (b) of this section shall be sold at public auction conducted by the Commissioner of Administrative Services.

(g) The proceeds from any sale of property under subsection (f) of this section shall be applied: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of such property; and (3) to payment of court costs. The balance, if any, shall be deposited in the privacy protection guaranty and enforcement account established under section 42-472a .
Conn. Gen. Stat. § 54-97 — Connecticut Code / Title 54 / Chapter 961 / Section 54-97
Sec. 54-97. Mittimus required for commitment to correctional facility.
Status: in_force

As to service of process of U.S. courts. 5 D. 193; 7 Cranch 550. Upon proceedings of habeas corpus, sheriff is proper party defendant; issuing of mittimus is a judicial act; interested justice of the peace is disqualified; a mittimus, valid on its face, seems a protection to the officer. 60 C. 426; 91 C. 510. All persons participating in proceedings under void mittimus are liable. 64 C. 319. Nature of mittimus; justice may issue after adjournment of court. 67 C. 359. Mittimus may issue pending appeal. 84 C. 566. Cited. 132 C. 303; 185 C. 540; 215 C. 418; 230 C. 17.

“Mittimus” distinguished from “execution”. 15 CS 271. Cited. 16 CS 79.
Conn. Gen. Stat. § 54-240l — Connecticut Code / Title 54 / Chapter 968a / Section 54-240l
Sec. 54-240l. Secretary of the State as agent for program participant. Service on program participant.
Status: in_force

(b) The Secretary of the State shall notify the chairperson of the State Marshal Commission of the names of program participants and the commission shall create a list to be used by state marshals to determine if a person upon whom process is to be served is a program participant. If a person is identified on the list as a program participant, a state marshal shall make service upon the Secretary of the State in accordance with subsection (c) of this section. Prior to making service, a state marshal shall verify the participation of a specific program participant as provided in subdivision (3) of subsection (a) of section 54-240m .

(c) A program participant may be served by any proper officer or other person lawfully empowered to make service by leaving two true and attested copies of such summons, writ, notice, demand or process, together with the required fee, at the office of the Secretary of the State or depositing the same in the United States mail, by registered or certified mail, postage prepaid, addressed to the Secretary of the State's office and marked “Address Confidentiality Program”. The Secretary of the State shall file one copy of the summons, writ, notice, demand or process and keep a record of the date and hour of receipt. The Secretary of the State shall, not later than two business days after such service, forward by registered or certified mail the copy of such summons, writ, notice, demand or process to the program participant at the confidential address shown on the records of the Secretary of the State.

(d) Service is effective pursuant to this section as of the date and hour received by the Secretary of the State as shown on the records of the Secretary of the State.
Conn. Gen. Stat. § 54-82b — Connecticut Code / Title 54 / Chapter 961 / Section 54-82b
Sec. 54-82b. Right to trial by jury.
Status: in_force

(b) In criminal proceedings the judge shall advise the accused of his right to trial by jury at the time he is put to plea and, if the accused does not then claim a jury, his right thereto shall be deemed waived, but if a judge acting on motion made by the accused within ten days after judgment finds that such waiver was made when the accused was not fully cognizant of his rights or when, in the opinion of the judge, the proper administration of justice requires it, the judge shall vacate the judgment and cause the proceeding to be set for jury trial.

(c) In any criminal trial by a jury, except as otherwise provided by law, such trial shall be by a jury of six.

See Sec. 51-180 re criminal terms and sessions of court.

See Sec. 51-180a re special session held when an accused is confined for want of bail.

Right to jury trial discussed. 188 C. 697. Cited. 190 C. 639; 191 C. 506; 197 C. 247; 198 C. 77; 201 C. 489; 205 C. 456; 222 C. 591; 223 C. 384; 225 C. 355; 226 C. 618.

Cited. 9 CA 255; 10 CA 692; 39 CA 702; 41 CA 454; 46 CA 486. When defendant knowingly, voluntarily and intelligently waives right to a jury trial and is subsequently charged with additional crimes, if defendant again elects to waive right to a jury trial, defendant cannot complain on appeal that election for a court trial to the additional charges was compromised. 145 CA 767.

Subsec. (a):

Statute does not violate right to trial by jury under federal or state constitutions. 5 CA 434. Cited. 12 CA 481; 14 CA 816.
Conn. Gen. Stat. § 54-64b — Connecticut Code / Title 54 / Chapter 960 / Section 54-64b
Sec. 54-64b. Release following arrest on court warrant.
Status: in_force

(b) When any person is arrested on a bench warrant of arrest issued by order of the Superior Court or by a judge thereof, in which the court or judge has not indicated that bail should be denied or has not ordered that the officer or indifferent person making such arrest shall without undue delay bring such person before the clerk or assistant clerk of the superior court for the geographical area, the officer or indifferent person making the arrest shall without undue delay, comply with the provisions of sections 54-63c and 54-63d in setting the conditions of release for the person or persons arrested under the warrant.

(c) The clerk or assistant clerk and the person designated by the Commissioner of Correction may take a written promise to appear on a bond without or with surety from an arrested person in accordance with the conditions of release fixed by the court or judge and may administer such oaths as are necessary in the taking of promises or bonds.

Cited. 187 C. 6; 195 C. 505; 201 C. 115; 236 C. 388.