Conn. Gen. Stat. § 54-261 — Connecticut Code / Title 54 / Chapter 969 / Section 54-261
Sec. 54-261. Community response education program.
Status: in_force

(b) The purpose of such program shall be to assist neighborhoods, senior centers and other facilities serving or housing senior citizens in such neighborhoods, parents and children to learn how to better protect themselves from sexual abuse and sexual assault. The program shall develop educational materials and community information resources on prevention and risk reduction concerning sexual abuse and sexual assault and the enforcement of requirements concerning the registration and supervision of sexual offenders and the notification of communities where such offenders reside.

(c) The program may include the following:

(1) An initial community meeting following a community notification, sponsored by the Court Support Services Division and held in conjunction with the chief of police, chief elected officials, the superintendent of schools and other municipal officials of the community, to discuss the implementation of the statutory requirements concerning the registration of a sexual offender and the notification of the community where such offender resides, to provide information on the crime or crimes involved and to provide information on how the offender will be monitored by the Court Support Services Division and the specific conditions of probation applicable to the offender;

(2) Information on how and where concerned residents may report observed violations by an offender of the conditions of such offender's probation;

(3) Resources to educate families, children and senior citizens in the prevention and avoidance of sexual abuse and sexual assault and for parents seeking supportive methods for discussing relevant issues with their children;

(4) Resources on when and how a community may wish to establish a network of “Safe Houses” for neighborhood children to use when they seek safe shelter or the creation of a neighborhood block watch or crime watch;

(5) Resources for police departments and boards of education to use in consulting with parents on appropriate school-based classroom programs stressing safety, prevention and risk reduction and to use in developing educational programs for parents to discuss relevant issues with their children;

(6) Resources for police departments and municipal officials to provide programs stressing safety, prevention and risk reduction for senior citizens living in the community or receiving services at a senior center or other facility located in the community; and

(7) Compilation and distribution of a list of child protective agencies, child guidance clinics and rape crisis centers for families seeking more in-depth counseling after a community notification has occurred.

(d) The Court Support Services Division may apply for and receive grants from the federal government or any agency thereof or from any foundation, corporation, association or individual for purposes of the development of the community response education program under this section.
Conn. Gen. Stat. § 54-76h — Connecticut Code / Title 54 / Chapter 960a / Section 54-76h
Sec. 54-76h. Proceedings private. Segregation of defendant in place of detention. Presence of victim at proceeding.
Status: in_force

(b) In a proceeding under sections 54-76b to 54-76n , inclusive, the court shall not exclude any victim and a victim's next of kin from such proceeding or any portion thereof unless, after hearing from the parties and the victim or a victim's next of kin and for good cause shown, which shall be clearly and specifically stated on the record, the court orders otherwise. For the purposes of this subsection, “victim” means a person who is the victim of a crime for which a youth is charged, a parent or guardian of such person, the legal representative of such person or a victim advocate for such person under section 54-220 , and “next of kin” means a spouse, adult child, a parent, an adult sibling, an aunt, an uncle or a grandparent.

Cited. 173 C. 414; 179 C. 98; 192 C. 85; 195 C. 303; 240 C. 743.

Presence of parents during testimony of their minor child as a witness should be allowed during youthful offender proceedings with instruction given as to requirement of secrecy; defendant's statutory right to privacy not absolute. 8 CA 607.

Cited. 30 CS 71; 38 CS 675.
Conn. Gen. Stat. § 54-280a — Connecticut Code / Title 54 / Chapter 969a / Section 54-280a
Sec. 54-280a. Registration of person convicted of offense committed with a deadly weapon. Personal appearance requirement. Penalty.
Status: in_force

(2) Prior to accepting a plea of guilty or nolo contendere from a person with respect to an offense committed with a deadly weapon, the court shall (A) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (B) determine that the person fully understands the consequences of the plea.

(3) If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address. During such period of registration, each registrant shall complete and return any forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.

(b) Any offender convicted of committing a crime with a deadly weapon who is required to register under this section shall, not later than twenty calendar days after each anniversary date of such initial registration, until the date such registration requirement expires under subdivision (1) of subsection (a) of this section, personally appear at the local police department or state police troop having jurisdiction where the registrant resides to verify and update, as appropriate, the contents of his or her registration. The local police department or state police troop, as the case may be, may defer such requirement to personally appear to a later date for good cause shown. Not later than thirty calendar days prior to such anniversary date, the Department of Emergency Services and Public Protection shall mail written notice of the personal appearance requirement of this subsection to the registrant and the local police department or state police troop having jurisdiction where the registrant resides. Not later than thirty calendar days after the anniversary date of each registrant, the local police department or state police troop having jurisdiction where the registrant resides shall notify the Commissioner of Emergency Services and Public Protection, on such form as the commissioner may prescribe, (1) whether the registrant complied with the personal appearance requirement of this subsection or whether such personal appearance requirement was deferred to a later date for good cause shown, and (2) if the personal appearance requirement was deferred to a later date for good cause shown, the local police department or state police troop shall indicate the later date established for such personal appearance and describe the good cause shown.

(c) Any person who is subject to registration under this section who violates any provisions of subsection (a) or (b) of this section, except a violation consisting of failure to notify the Commissioner of Emergency Services and Public Protection of a change of name or address, shall be guilty of a class D felony. Any person who is subject to registration under this section who fails to notify the Commissioner of Emergency Services and Public Protection of a change of name or address not later than five business days after such change of name or address shall be guilty of a class D felony.

In order for a convictee to be subject to the registration requirements of Sec., both the conviction date and the release date must be on or after January 1, 2014. 226 CA 313.
Conn. Gen. Stat. § 54-132 — Connecticut Code / Title 54 / Chapter 961 / Section 54-132
Sec. 54-132. Definitions.
Status: repealed

*Note: P.A. 00-185 repealed this section effective “July 1, 2001, or upon enactment of the Interstate Compact for Adult Offender Supervision by thirty-five jurisdictions, whichever is later”; Pennsylvania became the thirty-fifth enacting jurisdiction on June 19, 2002.
Conn. Gen. Stat. § 54-36g — Connecticut Code / Title 54 / Chapter 959 / Section 54-36g
Sec. 54-36g. Destruction of controlled drugs, controlled substances and drug paraphernalia held as evidence in criminal proceedings. Petition, notice and hearing. Representative samples. Certificate of results. Destruction upon final disposition of criminal action. Records.
Status: in_force

(b) Upon final disposition of the criminal action or, if there is no criminal action, at any time upon motion of the prosecuting official, the court shall order the destruction of any controlled drug, controlled substance or drug paraphernalia not previously destroyed pursuant to an order under subsection (a) of this section, or order it delivered to the Commissioner of Consumer Protection as soon as possible.

(c) The law enforcement agency seizing the controlled drug, controlled substance or drug paraphernalia shall keep a full and complete record of the time and place where such controlled drug, controlled substance or drug paraphernalia was seized, the kinds, quantities and weight of drugs received, by whom the controlled drug, controlled substance or drug paraphernalia were delivered and received and the date and manner of destruction or disposition of such controlled drug, controlled substance or drug paraphernalia. Such record and the certificate of the results of the analysis shall be disclosed only to attorneys of record in the case, the defendant and to federal and state officers charged with enforcement of federal and state narcotic laws.

Subsec. (a):

Requirement that certificate be prima facie evidence of composition and quality of controlled drug or substance would be meaningless unless legislature had contemplated that destruction of drugs might take place before defendant's trial and inserted it to ensure that said destruction would not provide defendant with simple way to avoid prosecution. 63 CA 138.
Conn. Gen. Stat. § 54-86f — Connecticut Code / Title 54 / Chapter 961 / Section 54-86f
Sec. 54-86f. Admissibility of evidence of sexual conduct.
Status: in_force

(b) Any motion and supporting document filed pursuant to this section shall be filed under seal and may be unsealed only if the court rules the evidence is admissible and the case proceeds to trial. If the court determines that only part of the evidence contained in the motion is admissible, only that portion of the motion and any supporting document pertaining to the admissible portion may be unsealed. The court shall maintain any document remaining under seal for delivery to the Appellate Court in the event of an appeal.

(c) The court shall seal each court transcript, recording and record of a proceeding of a hearing held pursuant to this section. The court may unseal a transcript, recording or record only if the court rules the evidence in such transcript, recording or record is admissible and the case proceeds to trial. If the court determines that only part of such evidence is admissible, only the portion of such transcript, record or recording pertaining to the admissible evidence may be unsealed.

(d) Evidence described in subsection (a) of this section shall be subject to such other terms and conditions as the court may provide. No defendant, defense counsel or agent of the defendant or defense counsel shall further disclose such evidence disclosed by the state, except to persons employed by defense counsel in connection with the investigation or defense of the case or any successor counsel, without the prior approval of the prosecuting authority or the court.

Cited. 195 C. 253; 197 C. 280; 199 C. 193; Id., 481; 207 C. 403; 208 C. 365; 209 C. 143; 220 C. 345; 228 C. 456; 230 C. 43. Defendant failed to make an adequate preliminary showing of relevancy in order to justify cross examination of plaintiff's father about plaintiff's statement concerning a prior sexual assault investigation. 244 C. 640. Court sets forth standard applicable to child sexual abuse cases re determining whether prior sexual conduct should be admissible at trial for purposes of showing an alternative source for victim's sexual knowledge; standard also applicable for determining admissibility of evidence of prior sexual conduct for purposes of rebutting evidence offered by expert witness to show that a child exhibits behavior indicative of sexual abuse, by showing an alternative explanation for that behavior. 257 C. 156. Evidence of victim's prior history of prostitution admissible to establish consent to sexual relations or motive to provide false testimony but not to establish general unchaste character. 270 C. 826; overruled with respect to conclusion that “material” refers to the constitutional standard for materiality, see 320 C. 781. Court improperly excluded testimony proffered by defendant re victim's prior statements about past sexual conduct after victim testified to having no prior sexual experience at time of assault. 280 C. 36. Trial court properly exercised discretion by precluding inquiry into victim's prior sexual assaults, as they were not relevant to any critical issue in present case, and defendant never offered any specific evidence of falsity. 295 C. 758. Evidence of victim's prior sexual acts with a person other than defendant was not relevant to demonstrate alleged bias, motive or interest of victim and was properly excluded. 303 C. 589.

Cited. 3 CA 374; 8 CA 44; Id., 190; 11 CA 673; 14 CA 451; Id., 688; 20 CA 263; 21 CA 411; 23 CA 221; Id., 225; 29 CA 409; Id., 642; 30 CA 56; 34 CA 473; 35 CA 173; 38 CA 100; 42 CA 445; 43 CA 667; Id., 680; Id., 715; 45 CA 116. Defendant's rights under statute were impermissibly impaired when trial court excluded evidence of victim's consensual sexual relations with the lead detective investigating her claim of sexual assault; such evidence was relevant to the substantive issue of consent raised by defendant and was offered for sole purpose of determining victim's credibility and the inconsistency of her behavior following an alleged traumatic sexual assault. 57 CA 32. Court did not improperly exclude evidence of semen from third party on victim's clothing. 68 CA 470. Legislative intent of rape shield statute discussed; legislature also provided for exceptions in rare instances; defendant entitled to proffer direct testimony re physical evidence tending to show misidentification; Subdiv. (1) does not specify that such evidence offered by defendant may be rebuttal evidence only. 85 CA 96. Court did not improperly exclude evidence concerning victim's prior sexual conduct because court found that such evidence was not credible and therefore not relevant. 85 CA 575. Exclusion of evidence relating to victim's alleged sexual interactions with his brothers did not violate defendant's sixth amendment rights because such evidence was properly excluded as irrelevant. 99 CA 274. Trial court abused its discretion in refusing to grant evidentiary hearing to determine admissibility of evidence of plaintiff's prior sexual conduct; evidence from police reports of two prior allegations, which presented facts that tended to demonstrate the falsity of plaintiff's prior allegations, sufficient as offers of proof and relevant to the issue of whether defendant used force in committing the sexual assault. 106 CA 517; judgment reversed, see 295 C. 758. Defendant was properly prohibited from questioning victims about their sexual histories. 126 CA 437. Section abrogates common law rule that character of woman as to chastity is of considerable probative value in judging likelihood of consent. 177 CA 369.

Subsec. (a):

Court improperly excluded DNA evidence re semen from individual other than defendant under Subdiv. (1) because evidence was offered by defendant to prove misidentification by victim, not to expose victim's past sexual conduct. 280 C. 285. Subdiv. (4): “Material” as used in section does not refer to the constitutional standard, but rather the evidentiary standard, that is, evidence is material when it has an influence, effect, or bearing on a fact in dispute at trial. 320 C. 781.

Psychological injury is not recognized as an injury for purposes of Subdiv. (1); Subdiv. (2) does not apply where the only sexual conduct to which victim testifies is alleged sexual conduct by defendant; evidence admitted under Subdiv. (4) must be both material and relevant in order to be so critical that its exclusion could lead to a violation of defendant's constitutional rights. 99 CA 274. Subdiv. (4): Trial court improperly precluded evidence of minor victim's sexual relationship with boyfriend because state conceded that defendant showed that victim may have had a motive to lie about defendant's sexual assault. 121 CA 534.
Conn. Gen. Stat. § 54-124e — Connecticut Code / Title 54 / Chapter 961 / Section 54-124e
Sec. 54-124e. Board of Pardons and Paroles as successor department to Board of Pardons and Board of Parole.
Status: in_force

(b) Wherever the words “Board of Pardons” or “Board of Parole” are used in the general statutes or the public acts of 2003 and 2004, the words “Board of Pardons and Paroles” shall be substituted in lieu thereof.

(c) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
Conn. Gen. Stat. § 54-100 — Connecticut Code / Title 54 / Chapter 961 / Section 54-100
Sec. 54-100. Method of inflicting death penalty. Attendance at execution.
Status: in_force

(b) Besides the warden or deputy warden and such number of correctional staff as he thinks necessary, the following persons may be present at the execution: The Commissioner of Correction, a physician, a clergyman in attendance upon the prisoner and such other adults, as the prisoner may designate, not exceeding three in number, news media representatives and such other persons as the commissioner deems appropriate. The total number of witnesses permitted at an execution shall be governed by space and security requirements and the Commissioner of Correction shall make the final determination of such number. News media representatives present at an execution shall include representatives of newspapers, broadcasters and news services, who shall report on behalf of all news media. The number of news media representatives present at an execution shall be nine, except that the commissioner, in his discretion, may authorize a greater number of such representatives or, for specified reasons of space or security, may reduce such number of representatives. The commissioner may exclude a witness for specified reasons of security.

Cited. 121 C. 197. Death penalty does not constitute cruel and unusual punishment and courts will not vitiate legislative determination of punishment for crimes. 158 C. 341. Cited. 238 C. 389.
Conn. Gen. Stat. § 54-33g — Connecticut Code / Title 54 / Chapter 959 / Section 54-33g
Sec. 54-33g. Forfeiture of moneys and property related to commission of criminal offense. In rem proceeding. Disposition. Secondary evidence of forfeited property.
Status: in_force

(b) 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.

(c) If the court finds the allegations made in such petition to be true and that the property has been possessed, controlled or designed for use, or is or has been or is intended to be used, with intent to violate or in violation of any of the criminal laws of this state, or constitutes the proceeds of a violation of any of the criminal laws of this state, except a violation of section 21a-267 , 21a-277 , 21a-278 , 21a-278b or 21a-279 , and that a plea of guilty or nolo contendere to such offense or another charge in the same criminal information, or a guilty verdict after trial for such forfeiture-eligible offense, or a dismissal resulting from the completion of a pretrial diversionary program has been entered, the court shall render judgment that such property is a nuisance and order the property to be destroyed or disposed of to a charitable or educational institution or to a governmental agency or institution, except that if any such property is subject to a bona fide mortgage, assignment of lease or rent, lien or security interest, such property shall not be so destroyed or disposed of in violation of the rights of the holder of such mortgage, assignment of lease or rent, lien or security interest.

(d) (1) When the condemned property is money (A) on and after October 1, 2014, and prior to July 1, 2016, the court shall order that such money be distributed as follows: (i) Seventy per cent shall be allocated to the law enforcement agency, including the Department of Emergency Services and Public Protection and local police departments, responsible for investigating the criminal violation and seizing the money, and such local police departments shall use such money for the detection, investigation, apprehension and prosecution of persons for the violation of criminal laws, and any money allocated to the Department of Emergency Services and Public Protection shall be deposited in the General Fund; (ii) twenty per cent shall be deposited in the Criminal Injuries Compensation Fund established in section 54-215 ; and (iii) ten per cent shall be allocated to the Division of Criminal Justice and deposited in the General Fund; and (B) on and after July 1, 2016, such money shall be deposited in the General Fund.

(2) When the condemned property is a valuable prize, which is subject to a bona fide mortgage, assignment of lease or rent, lien or security interest, such property shall remain subject to such mortgage, assignment of lease or rent, lien or security interest.

(e) When any property or valuable prize has been declared a nuisance and condemned under this section, the court may also order that such property be sold in accordance with procedures approved by the Commissioner of Administrative Services. Proceeds of such sale shall first be allocated toward the balance of any mortgage, assignment of lease or rent, lien or security interest, and the remaining proceeds of such sale, if any, shall be allocated in accordance with subparagraphs (A) to (C), inclusive, of subdivision (1) of subsection (d) of this section. In any criminal prosecution, secondary evidence of property condemned and destroyed pursuant to this section shall be admissible against the defendant to the same extent as such evidence would have been admissible had the property not been condemned and destroyed.

(f) If the court finds the allegations not to be true, irrespective of the findings in the criminal proceeding, or that the property has not been kept with intent to violate or in violation of the criminal laws of this state, or that the property does not constitute the proceeds of a violation of the criminal laws of this state, or that the property is the property of a person who is not a defendant, the court shall order the property returned to the owner forthwith and the party in possession of such property pending such determination shall be responsible and personally liable for such property from the time of seizure and shall immediately comply with such order.

(g) Failure of the state to proceed against such property in accordance with the provisions of this section shall not prevent the use of such property as evidence in any criminal trial.

Origin of former statute. 126 C. 433. Under former statute, obscene materials could be destroyed regardless of who possessed them or of knowledge or intent in such possession. 146 C. 78. Intervening federal tax lien has precedence over state's inchoate claim which is not perfected until a final adjudication of forfeiture. 176 C. 339. Cited. 192 C. 98; 194 C. 589; 196 C. 471; 204 C. 259; 207 C. 743.

Statute requires that the issuance of the warrant, pursuant to which the property sought to be confiscated is seized, precede the seizure and that the seizure take place pursuant to that warrant. 1 CA 315. Statute, being a forfeiture statute, must be read and applied strictly. 5 CA 540. Cited. 15 CA 589; 19 CA 195; Id., 588; 39 CA 40.

Cited. 36 CS 551.

Seizure warrant is prerequisite to condemnation of gambling device; action to condemn is civil and state has right to appeal. 2 Conn. Cir. Ct. 399. Cited. 3 Conn. Cir. Ct. 96. Defendant's lack of knowledge his car was being used by person to whom he entrusted it for policy playing is no defense to forfeiture proceeding. 5 Conn. Cir. Ct. 1. Cited. Id., 44, 46; 6 Conn. Cir. Ct. 283. Not a criminal statute, but provides for forfeiture of car used in violation of law by in rem civil action. Id., 284.

Subsec. (a):

Time limit is directory, not mandatory. 19 CA 195. Cited. 23 CA 724.
Conn. Gen. Stat. § 54-41s — Connecticut Code / Title 54 / Chapter 959a / Section 54-41s
Sec. 54-41s. Illegal possession, sale, distribution of equipment: Class D felony.
Status: in_force

Cited. 191 C. 360; 212 C. 485; 224 C. 593.
Conn. Gen. Stat. § 54-185 — Connecticut Code / Title 54 / Chapter 964 / Section 54-185
Sec. 54-185. Short title: Uniform Criminal Extradition Act.
Status: in_force

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

Since chapter is a uniform law, precedents from other states are particularly valuable in construing it. 34 CS 78.
Conn. Gen. Stat. § 54-280b — Connecticut Code / Title 54 / Chapter 969a / Section 54-280b
Sec. 54-280b. Registration information.
Status: in_force

(1) The offender's name, including any other name by which the offender has been legally known, and any aliases used by the offender;

(2) Identifying information, including a physical description of the offender;

(3) The current residence address of the offender;

(4) The date of conviction of the offense;

(5) A description of the offense; and

(6) If the offender was sentenced to a term of incarceration for such offense, a portion of which was not suspended, the date the offender was released from such incarceration.

(b) The offender shall sign and date the registration.

(c) At the time that the offender appears for the purpose of registering, the Department of Emergency Services and Public Protection shall photograph the offender and arrange for the fingerprinting of the offender and include such photograph and a complete set of fingerprints in the registry. If the offender is required to submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis pursuant to section 54-102g , and has not submitted to the taking of such sample, the commissioner shall also require such sample to be taken for analysis pursuant to section 54-102g .

(d) The Department of Emergency Services and Public Protection may require the offender to provide documentation to verify the contents of his or her registration.
Conn. Gen. Stat. § 54-212 — Connecticut Code / Title 54 / Chapter 968 / Section 54-212
Sec. 54-212. Office of Victim Services to have subrogated cause of action against person responsible for crime.
Status: in_force

(b) If the applicant brings an action against the person or persons responsible for such injury or death to recover damages arising out of the crime for which an award has been granted, or, if the applicant recovers money from any other source or sources including, but not limited to, payments from state or municipal agencies, insurance benefits or workers' compensation awards as a result of the incident or offense giving rise to the application, the Office of Victim Services shall have a lien on the applicant's recovery for the amount to which the office is entitled to reimbursement. If an action is brought by the applicant against the person or persons responsible for the injury or death, the applicant shall notify the Office of Victim Services of the filing of such complaint within thirty days of the filing of the complaint in court. Whenever an applicant recovers damages, whether by judgment, settlement or compromise settlement before or after judgment, from the person or persons responsible for such injury, and whenever an applicant recovers money from any other source or sources including, but not limited to, payments from state or municipal agencies, insurance benefits or workers' compensation awards as a result of the incident or offense giving rise to the application, the Office of Victim Services is entitled to reimbursement from the applicant for two-thirds of the amount paid pursuant to any order for the payment of compensation for personal injury or death.

(c) Notwithstanding the provisions of subsection (a) of this section, if the Office of Victim Services finds that enforcement of its subrogation rights would cause undue harm to the applicant, the office may abrogate such rights. Notwithstanding the provisions of subsection (b) of this section, if the Office of Victim Services finds that enforcement of its lien rights would cause undue harm to the applicant, the office may abrogate such rights. “Undue harm” includes, but is not limited to, considerations of victim safety and recovery by the applicant of an amount that is less than the applicant's compensable economic losses.
Conn. Gen. Stat. § 54-1f — Connecticut Code / Title 54 / Chapter 959 / Section 54-1f
Sec. 54-1f. (Formerly Sec. 6-49). Arrest without warrant. Pursuit outside precincts.
Status: in_force

(b) Members of the Division of State Police within the Department of Emergency Services and Public Protection or of any local police department or any chief inspector or inspector in the Division of Criminal Justice shall arrest, without previous complaint and warrant, any person who the officer has reasonable grounds to believe has committed or is committing a felony.

(c) Members of any local police department or the Office of State Capitol Police and constables and state marshals who are certified under the provisions of sections 7-294a to 7-294e , inclusive, and who perform criminal law enforcement duties, when in immediate pursuit of a person who may be arrested under the provisions of this section, except a person alleged to have violated only a municipal ordinance, are authorized to pursue such person outside of their respective precincts into any part of the state in order to effect the arrest. Such person may then be returned in the custody of such officer to the precinct in which the offense was committed.

(d) Any person arrested pursuant to this section shall be presented with reasonable promptness before proper authority.

See Sec. 6-43 re special deputies.

Annotations to former section 6-49:

Facts held insufficient to authorize arrest without warrant. 37 C. 32. Arrest being lawful, officer is presumed to have performed all subsequent duties. 51 C. 432–434. Extends common law rule. 84 C. 167. Owner of goods stolen or any other person may retake them and tender thief to justice. 97 C. 137. Thief resisting capture is guilty of breach of the peace and may be arrested by anyone. Id., 138. Right of police to arrest for offenses in their presence and to seize implements used in law breaking. Id., 545. When officer must act on his own knowledge. Id., 701. Facts held sufficient to authorize arrest without warrant. 101 C. 229. Any arrest without a warrant, except as authorized by statute, is illegal. 115 C. 282. Police officers while off duty or out of uniform are included within the coverage of section. 120 C. 101. Speedy information which justifies arrest is information that person arrested was guilty of crime or at least implicated in it. 131 C. 224. Officer may act on speedy information if he has reasonable ground to accept it as accurate. Id., 231. Fact that defendant not taken before proper magistrate not sufficient to exclude confession. 137 C. 183. Cited. 147 C. 194. Intention of officer in pursuing person admissible as a fact to be weighed with other circumstances. 148 C. 27. An accused is lawfully taken or apprehended in the act if circumstances observed by officer preceding the arrest, viewed in light of common knowledge and his own training and experience, gave him probable cause to believe that a crime was being, or had just been, committed; evidence seized cannot be used to sustain validity of arrest. 149 C. 567. Illegal arrest and detention does not automatically render inadmissible confessions made after the arrest or during the period of detention. 150 C. 169. Officer entitled to exert force where grounds for “reasonable belief” are present. 151 C. 402. Person need not submit to unlawful arrest. 152 C. 296. In determining the validity of an arrest made without a warrant, “reasonable grounds” is to be equated with probable cause. 153 C. 41. Probable cause exists when the arresting officer has reasonably trustworthy information sufficient to believe a felony had been committed by the accused. Id., 42. Arrest made on strength of officer's own observation would be legal only if the circumstances he observed, when taken in connection with those before observed by him when weighed in the light of common knowledge, gave him probable reason or ground to believe that such a crime was being, or was about to be, committed. Id., 69, 70. Accused is lawfully taken or apprehended in the act if the circumstances observed by the arresting officer, viewed in light of common knowledge and his own training and experience, gave him probable cause to believe a crime was being, or had just been, committed; amount of evidence necessary to furnish probable cause for an arrest without a warrant is to be measured by facts of particular case and need not be evidence sufficient to convict; a reasonable search incident to a lawful arrest is not unlawful even though made without a warrant; a lawful entry is necessarily an essential element of a reasonable search of a dwelling. Id., 152. A police officer may make a reasonable search before or after an arrest without a warrant if the circumstances justified the arrest and the search was incidental to the arrest. Id., 154. Where larceny which constituted a misdemeanor was committed in New London and defendants were apprehended in Hartford by Hartford police, held that, since larceny is a continuing crime, defendants, if transportation of the merchandise was with a continuous felonious intent, were committing larceny in Hartford and defendants' claim that arrest or search without a warrant was illegal must fail. Id., 217, 218. Member of an organized local police department is authorized to arrest, without previous complaint and warrant, any person who officer has reasonable grounds to believe has committed or is committing a felony and may conduct a search incident thereto without a warrant. 155 C. 385. A legal arrest may be made without a warrant when defendant was apprehended just after his sale of drugs to an informer under police surveillance of the transaction and his person could be searched incidentally to such arrest. Id., 516. Police lieutenant's arrest of defendant on speedy information was clearly justifiable when defendant was sitting armed in his car at night with narcotics on his person. 157 C. 114. Arrest for misdemeanor of breach of the peace on speedy information of others by police was proper; search of car in which defendant was sitting made without warrant was lawful. Id., 222. Arrest of defendant for assault committed in officer's presence was lawful and search of trunk of defendant's car was lawful incident to the arrest. Id., 351. Officer's arresting defendant for disorderly conduct was proper and search incidental thereto of person was legal. Id., 485. Arrest of defendant operating stolen car could be made without warrant on grounds that he was apprehended in act and upon speedy information where arresting officer had been informed by police barracks car was a stolen car. 159 C. 201. Arrest permitted without warrant when person is “taken or apprehended in the act” if preceding arrest, circumstances in light of officers training and experience gave him probable cause for such arrest. 160 C. 140. An informant's tip as to description and location of criminal suspect and his truck having proved true was justifiable basis for arrest under statute. 161 C. 117. Cited. 163 C. 186. Felony provision cited. 171 C. 105. Cited. 174 C. 153; Id., 452; 178 C. 427; 183 C. 386; 220 C. 307.

Cited. 22 CS 6. An arrest by a police officer without a warrant is ground for an action for false imprisonment unless the arrest is authorized by section. Id., 311. Cited. 24 CS 32. Where offenses committed by defendant and with which he is charged occurred within the hour prior to his arrest, officer acted speedily on information he had obtained. 25 CS 108. If search is incident to arrest, no warrant is needed. Id., 216. Discussion of facts which constitute acting on speedy information or on reasonable belief that a felony has been committed or is being committed; no need for issuance of warrant for seizure of articles which are taken incidental to lawful arrest. 26 CS 297. Cited. 28 CS 313. “Speedy information” requirement was in derogation of common law re felonies; additional clause re felonies, added in 1945, is declaratory of common law. 34 CS 531. Modern trend prohibits warrantless entry to home to make an arrest unless there are exigent circumstances. Id., 539.

Arrest made hour after officer saw crime committed satisfied requirement of acting on “speedy information”. 2 Conn. Cir. Ct. 247. Cited. Id., 467. Arrest without a warrant not unlawful merely because pursuit of defendant by Orange police officer was interrupted when defendant temporarily succeeded in eluding officer. 3 Conn. Cir. Ct. 42. Arrest made without warrant on “speedy information” of informer who purchased liquor sold by defendant illegally, made within half hour after sale, held lawful. 4 Conn. Cir. Ct. 125. Cited. Id., 533. Officers would have been justified in arresting defendants for bookmaking when telephone calls and other evidence of their illegal activity occurred in presence of officers who had entered house with search warrant, even if warrant had been illegal. Id., 603. Acting on speedy information defendant was committing crime of lascivious carriage, police officers rightfully entered her apartment building and observed her conduct from fire escape of apartment; police officers investigating a crime on speedy information who enter a building are licensees. 5 Conn. Cir. Ct. 35. Statute provides a less strict standard for arrests without a warrant for felonies provided they are made by members of an organized local police department. Id., 44, 50. Defendant's arrest by police officer who observed him in telephone booth, taking house bets on slips of paper officer could read, was properly made without warrant and reasonable search could be made on such arrest. Id., 51. Member of Derby police department was justified in arrest of defendant without warrant where New Haven police requested his arrest as one involved in felonious larceny in their jurisdiction. Id., 529. Defendant in resisting an unlawful arrest was not guilty of breach of the peace. 6 Conn. Cir. Ct. 42. Arrest by Trumbull officer of defendant as he drew up to his home in Bridgeport two hours after he had violated hit and run statute in Trumbull was valid as an arrest in immediate pursuit outside Trumbull precinct. Id., 55. Facts held sufficient to authorize arrest without warrant. Id., 228, 235, 236. Cited. Id., 613. Taken or apprehended defined. Id., 618.

Annotations to present section:

Cited. 179 C. 46; 180 C. 481; 181 C. 172. As a matter of constitutional law, where entry of dwelling is for purpose of conducting search under a valid search warrant, resident may be arrested under statute where police have probable cause to believe he committed a felony; arrest does not constitute violation of fourth amendment to U.S. Constitution. Id., 187. Cited. 188 C. 432, 442; 200 C. 82; 215 C. 667; 216 C. 172; 225 C. 921; 227 C. 363. Violation of Sec. 14-227a is an “offense” within meaning of this section. 228 C 758. Cited. 229 C. 125; 240 C. 489.

Cited. 15 CA 416; 20 CA 183; 23 CA 123; Id., 487; 27 CA 370; Id., 741; 29 CA 207; 30 CA 108; 31 CA 669; 33 CA 590; 34 CA 189; Id., 201; 46 CA 633. Where prior felony conviction formed basis of a charge under section, violation of section could not be established without presenting proof of such conviction. 64 CA 384. Does not prohibit “Terry” stops by extraterritorial police officers; rather, it prohibits full custodial arrests by extraterritorial police officers. 70 CA 297.

Cited. 38 CS 313.

Subsec. (a):

Cited. 191 C. 433; 210 C. 333; 224 C. 494; 227 C. 534; 228 C. 758. Section inapplicable to juveniles re commencement of delinquency proceedings by service of a summons alleging commission of criminal offenses. 297 C. 16.

Cited. 6 CA 124; 11 CA 11; 21 CA 326; 26 CA 481; judgment reversed, see 224 C. 494; Id., 805; 28 CA 708; 41 CA 779.

“Speedy information of others” does not preclude reliance on supplementary observations made by the officer. 37 CS 755. Officer's entry into apartment was lawful and in full compliance with statute; arrest was made on the speedy information of others; properly conducted search incidental to lawful arrest is not illegal even though made without a warrant. 38 CS 313. Cited. Id., 364; 39 CS 347; 40 CS 512.

Subsec. (b):

Cited. 183 C. 386; 189 C. 429; 195 C. 505; 220 C. 307; 236 C. 216; 248 C. 183. Off duty police officers, who also serve as attorneys, are not required to arrest their clients whenever they suspect that those clients may have committed other crimes outside of their jurisdictions. 344 C. 365.

Cited. 6 CA 124; 11 CA 11; 13 CA 69; Id., 214; 14 CA 388; 15 CA 569; 18 CA 184; 20 CA 168; judgment reversed, see 215 C. 667; Id., 521; 26 CA 481; judgment reversed, see 224 C. 494; 27 CA 128; 31 CA 548; 39 CA 579. Where probable cause for warrantless arrest was established using Aguilar-Spinelli factors, trial court improperly introduced second level of review under “totality of the circumstances” analysis. 47 CA 424. Phrase “reasonable grounds to believe” is synonymous with probable cause. 59 CA 272. Warrantless arrest based on probable cause was authorized under subsection. 74 CA 802. “Reasonable grounds” as used in statute is synonymous with probable cause. 78 CA 659.

Subsec. (c):

Appellate Court, in affirming defendant's conviction for operating motor vehicle while under the influence of intoxicating liquor, rejected defendant's argument that there can only be “immediate pursuit” for purposes of Subsec. when there are findings that arresting officer personally observed illegal conduct and then followed suspect across jurisdictional boundaries. 88 CA 110.

Cited. 37 CS 755.
Conn. Gen. Stat. § 54-84a — Connecticut Code / Title 54 / Chapter 961 / Section 54-84a
Sec. 54-84a. Testimony against spouse.
Status: in_force

(b) The testimony of a spouse 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 criminal conduct, (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.

Cited. 199 C. 631; 211 C. 555. Section codifies adverse spousal testimony privilege, as distinguished from marital communications privilege, and the privilege belongs to the witness spouse and is meant to protect against impact of the testimony on the marriage. 267 C. 710.
Conn. Gen. Stat. § 54-193 — Connecticut Code / Title 54 / Chapter 966 / Section 54-193
Sec. 54-193. Limitation of prosecution for certain violations or offenses.
Status: in_force

(b) (1) Except as provided in subsection (a) of this section or subdivision (2) of this subsection, no person may be prosecuted for a violation of a (A) class B felony violation of section 53a-70 , 53a-70a or 53a-70b , (B) class C felony violation of section 53a-71 or 53a-72b , or (C) class D felony violation of section 53a-72a , except within twenty years next after the offense has been committed.

(2) Except as provided in subsection (a) of this section, no person may be prosecuted for any offense involving sexual abuse, sexual exploitation or sexual assault of a victim if the victim was eighteen, nineteen or twenty years of age at the time of the offense, except not later than thirty years next after such victim attains the age of twenty-one years.

(3) No person may be prosecuted for a class A misdemeanor violation of section 53a-73a if the victim at the time of the offense was twenty-one years of age or older, except within ten years next after the offense has been committed.

(c) No person may be prosecuted for any offense, other than an offense set forth in subsection (a) or (b) of this section, for which the punishment is or may be imprisonment in excess of one year, except within five years next after the offense has been committed.

(d) No person may be prosecuted for any offense, other than an offense set forth in subsection (a), (b) or (c) of this section, except within one year next after the offense has been committed.

(e) If the person against whom an indictment, information or complaint for any of said offenses is brought has fled from and resided out of this state during the period so limited, it may be brought against such person at any time within such period, during which such person resides in this state, after the commission of the offense.

(f) When any suit, indictment, information or complaint for any crime may be brought within any other time than is limited by this section, it shall be brought within such time.

Qui tam information amendable, notwithstanding no new information for same cause could be brought. 10 C. 472. Grand juror's complaint and information of state's attorney part of same proceeding and prevents running of statute. 49 C. 437. Statute does not run as to conspiracy until last overt act is committed. 126 C. 85. Cited. 150 C. 229; 163 C. 230. Prosecution within 1 year for first offender. Id., 234. P.A. 76-35, which amended statute to remove the 5-year limitation on prosecutions for capital or class A felonies, was not applied retroactively to crimes committed while 5-year limitation was in effect in absence of language clearly necessitating such construction. 189 C. 346. Cited. 197 C. 436; Id., 507. Protection afforded by statute may be waived; treated as an affirmative defense, not as jurisdictional. 199 C. 631. Prosecution for violation of Sec. 53a-54(a)(1) not barred by this section. 201 C. 435. Cited. 204 C. 98; 213 C. 388; 233 C. 403; 235 C. 145; 242 C. 409. Amendment to statute of limitations applies retroactively to crimes committed before its effective date but for which the preamendment limitation period had not yet expired. 276 C. 633. Plainly and unambiguously provides that statute of limitations runs from the date of the offense. 301 C. 630. Subsec. (c) tolls the limitation period solely with respect to the time within which a prosecution may be brought and does not purport to address prosecutions that have already been brought, at which point there is no need for tolling because the statute of limitations has already been satisfied. 341 C. 47.

Cited. 28 CA 91; 34 CA 473; 35 CA 754; 41 CA 476. Subsec. (d) extends the time within which an indictment, information or complaint may be brought, but it does not extend the time in which a warrant can be served. 190 CA 817.

It is not necessary in criminal prosecution to prove the precise day the acts were committed. 4 CS 259. Cited. 6 CS 349; 24 CS 312. After a nolle prosequi has been entered, statute of limitations continues to run and a prosecution may be resumed only on a new information and a new arrest. 32 CS 504. Cited. 35 CS 565. Issuance of arrest warrant starts prosecution and tolls statute of limitations. 38 CS 377. The prosecution of defendant began with his arrest; once prosecution has commenced within time period allowed by appropriate statute of limitations, the prosecutor has broad discretion as to what crimes to charge in any particular situation. 39 CS 347.

Former Subsec. (b):

Cited. 202 C. 86; Id., 93. Issuance of arrest warrant is sufficient initiation of a prosecution to toll statute of limitations if warrant served with due diligence. Id., 443. Cited. 209 C. 52; 211 C. 441; 228 C. 393. Although the case against defendant under Sec. 20-427 was initially dismissed based on statute of limitations, state's successful appeal on statute of limitations calculation and subsequent trial did not constitute unlawful double jeopardy. 250 C. 1. When the state files an amended or substitute information after the limitations period has passed, a timely information will toll statute of limitations only if the amended or substitute information does not broaden or substantially amend the charges made in the timely information. 305 C. 330. Once a defendant has demonstrated his nonelusiveness and availability for arrest during the statutory period, the state must demonstrate the reasonableness of any delay between the issuance and service of an arrest warrant, at least when service occurs after the expiration of the limitation period. 325 C. 793.

Cited. 15 CA 222; 21 CA 449; 26 CA 674; 42 CA 790. Pursuant to Subsec., charged violations of Sec. 14-227a were subject to a 1-year limitations period because they were not punishable by a term of imprisonment of more than 1 year; trial court did not improperly deny defendant's motion to dismiss counts of information on grounds that statute of limitations precluded prosecution of counts where court found no evidence that defendant raised statute of limitations as an affirmative defense at trial. 61 CA 90. Prosecution was time barred where the police department did not make sufficient effort to ensure that warrant was timely served and therefore the state could not demonstrate that delay of nearly 3 years on service of arrest warrant was reasonable to toll statute of limitations. 130 CA 734.

Former Subsec. (d):

Re meaning of “fled” in former Subsec. (c), plain language does not require defendant to leave the state with intent to avoid prosecution, and Subsec. may toll statute of limitations when defendant absents himself from the jurisdiction with reason to believe that an investigation may ensue as a result of his actions. 306 C. 698.
Conn. Gen. Stat. § 54-102m — Connecticut Code / Title 54 / Chapter 961 / Section 54-102m
Sec. 54-102m. DNA Data Bank Oversight Panel.
Status: in_force

(b) The panel shall take such action as necessary to assure the integrity of the data bank including the destruction of inappropriately obtained samples and the purging of all records and identifiable information pertaining to the persons from whom such inappropriately obtained samples were collected.

(c) The panel shall meet on a quarterly basis and shall maintain records of its meetings. Such records shall be retained by the chairperson. The meetings and records of the panel shall be subject to the provisions of the Freedom of Information Act, as defined in section 1-200 , except that discussions and records of personally identifiable DNA information contained in the data bank shall be confidential and not subject to disclosure pursuant to the Freedom of Information Act. The Chief Public Defender, or the Chief Public Defender's designee, shall not participate in discussions concerning, or have access to records of, personally identifiable DNA information contained in the data bank.
Conn. Gen. Stat. § 54-86 — Connecticut Code / Title 54 / Chapter 961 / Section 54-86
Sec. 54-86. Depositions.
Status: in_force

(b) Reasonable notice of the time when and place where the examination will be had and of the interrogatories to be propounded shall be given to the state's attorney or assistant state's attorney for the judicial district in which the prosecution is pending; and such attorney may, within such time as the court or judge limits, file with the clerk of the court additional interrogatories to be propounded to the witness to be examined.

(c) Depositions so taken, opened by and filed with the clerk within such time as the court or judge directs, may be used at trial.

State cannot take deposition. 90 C. 381. Comment of state's attorney on accused's use of depositions held improper to extent of requiring new trial. 96 C. 165. Proper course of accused to protect his rights under statute. Id., 166, 168. Cited. 229 C. 716.

Cited. 19 CA 594; 29 CA 642; 36 CA 250; 42 CA 186; judgment reversed, see 241 C. 823.
Conn. Gen. Stat. § 54-33k — Connecticut Code / Title 54 / Chapter 959 / Section 54-33k
Sec. 54-33k. “Strip search” defined.
Status: in_force

Section does not address those strip searches that are conducted incident to lawful arrest on a felony charge. 82 CA 111.
Conn. Gen. Stat. § 54-1s — Connecticut Code / Title 54 / Chapter 959 / Section 54-1s
Sec. 54-1s. Racial Profiling Prohibition Project Advisory Board. Membership. Duties.
Status: in_force

(b) The board shall include the following members:

(1) The Chief State's Attorney, or a designee;

(2) The Chief Public Defender, or a designee;

(3) The president of the Connecticut Police Chiefs Association, or a designee;

(4) The executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, or a designee;

(5) Two members of the Commission on Women, Children, Seniors, Equity and Opportunity, designated by the executive director;

(6) The executive director of the Commission on Human Rights and Opportunities, or a designee;

(7) The Commissioner of Emergency Services and Public Protection, or a designee;

(8) The Commissioner of Transportation, or a designee;

(9) The director of the Institute for Municipal and Regional Policy at The University of Connecticut, or a designee; and

(10) Such other members as the board may prescribe.

(c) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary shall select two chairpersons of the board from among the members of the board.

See Sec. 4-38f for definition of “administrative purposes only”.
Conn. Gen. Stat. § 54-76e — Connecticut Code / Title 54 / Chapter 960a / Section 54-76e
Sec. 54-76e. Trial to determine youthful offender status.
Status: in_force

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

Cited. 8 CA 607.

Cited. 30 CS 71; 37 CS 755.
Conn. Gen. Stat. § 54-240m — Connecticut Code / Title 54 / Chapter 968a / Section 54-240m
Sec. 54-240m. Confidentiality of records re program participant. Exceptions. Notice of disclosure.
Status: in_force

(1) If requested by a law enforcement agency or by the State Elections Enforcement Commission, to such law enforcement agency or said commission, provided the request is in writing, on agency or commission letterhead stationery signed by the agency's chief law enforcement officer, a commanding officer in the Division of State Police within the Department of Emergency Services and Public Protection or the executive director of the State Elections Enforcement Commission, as the case may be, and contains the request date and the name of the program participant;

(2) If directed by a court order, to a person identified in such order;

(3) To verify the participation of a specific program participant, in which case the Secretary of the State may only confirm information supplied by the requestor; or

(4) If the program participant's certification has been cancelled.

(b) If the Secretary of the State discloses records pursuant to subdivision (2) or (3) of subsection (a) of this section, the Secretary of the State shall forthwith notify the program participant of such disclosure.
Conn. Gen. Stat. § 54-85c — Connecticut Code / Title 54 / Chapter 961 / Section 54-85c
Sec. 54-85c. Representative of homicide victim entitled to be present at trial of defendant. Exclusion. Hearing.
Status: in_force

(b) A representative of a homicide victim shall be entitled to be present at the trial or any proceeding concerning the prosecution of the defendant for the homicide, except that a judge may remove such representative from the trial or proceeding or any portion thereof for the same causes and in the same manner as the rules of court or provisions of the general statutes provide for the exclusion or removal of the defendant. No representative of a homicide victim may be excluded from the proceedings under this section without a hearing.

(c) The failure of a representative of a homicide victim to exercise any right granted by the provisions of this section shall not be cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse or remand a criminal conviction.
Conn. Gen. Stat. § 54-41d — Connecticut Code / Title 54 / Chapter 959a / Section 54-41d
Sec. 54-41d. Issuance of order.
Status: in_force

Cited. 176 C. 17; 191 C. 360; 194 C. 447; Id., 589; 199 C. 591; 206 C. 90; 210 C. 804; Id., 805. Subdiv. (7) requirement of finding of special need fully satisfied despite absence of written statement. 212 C. 485. Cited. 224 C. 29; Id., 593; 238 C. 253; Id., 692.

Cited. 3 CA 477; 5 CA 207; Id., 634; 7 CA 660; 8 CA 673; 16 CA 245; 33 CA 409; 44 CA 249.
Conn. Gen. Stat. § 54-131d — Connecticut Code / Title 54 / Chapter 961 / Section 54-131d
Sec. 54-131d. Conditions of release on medical parole.
Status: in_force

(b) The Board of Pardons and Paroles may require as a condition of release on medical parole periodic diagnoses as described in section 54-131c . If after review of such diagnoses the board finds that a parolee released pursuant to sections 54-131a to 54-131g , inclusive, is no longer so debilitated or incapacitated as to be physically incapable of presenting a danger to society, such parolee shall be returned to any institution of the Department of Correction.
Conn. Gen. Stat. § 54-204 — Connecticut Code / Title 54 / Chapter 968 / Section 54-204
Sec. 54-204. Application for compensation services. Report and examination. Confidential information.
Status: in_force

(b) In order to be eligible for compensation services under sections 54-201 to 54-218 , inclusive, the applicant shall, prior to a determination on any application made pursuant to sections 54-201 to 54-218 , inclusive, submit reports if reasonably available from all physicians, surgeons, physician assistants, advanced practice registered nurses or mental health professionals who have treated or examined the victim in relation to the injury for which compensation is claimed at the time of or subsequent to the victim's injury or death. If in the opinion of the Office of Victim Services or, on review, a victim compensation commissioner, reports on the previous medical history of the victim, examination of the injured victim and a report thereon or a report on the cause of death of the victim by an impartial medical expert would be of material aid to its just determination, said office or commissioner shall order such reports and examinations. Any information received which is confidential in accordance with any provision of the general statutes shall remain confidential while in the custody of the Office of Victim Services or a victim compensation commissioner.
Conn. Gen. Stat. § 54-41g — Connecticut Code / Title 54 / Chapter 959a / Section 54-41g
Sec. 54-41g. Extensions of order.
Status: in_force

Cited. 191 C. 360; 212 C. 485; 238 C. 692.
Conn. Gen. Stat. § 54-179 — Connecticut Code / Title 54 / Chapter 964 / Section 54-179
Sec. 54-179. Application by state's attorney, Board of Pardons and Paroles or Correction Commissioner for return of accused.
Status: in_force

(b) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the state's attorney of the county in which the offense was committed, the Board of Pardons and Paroles, or the Commissioner of Correction, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole and the state in which he is believed to be, including the location of the person therein at the time application is made.

(c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The state's attorney, Board of Pardons and Paroles or Commissioner of Correction may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits or of the judgment of conviction or of the sentence, shall be filed in the office of the Secretary of the State, to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.

Cited. 186 C. 404; 190 C. 631; 196 C. 557.

Cited. 34 CS 219.
Conn. Gen. Stat. § 54-240e — Connecticut Code / Title 54 / Chapter 968a / Section 54-240e
Sec. 54-240e. Program address. Forwarding of mail.
Status: in_force

(b) The Secretary of the State shall open the post office box each day, other than Saturdays, Sundays and state holidays, and retrieve the contents. All first class mail addressed to a program participant shall be placed, unopened, into envelopes addressed to the participant and deposited at a United States post office the same day for delivery by first class mail to the participant at the confidential address indicated on the application by the participant or by the person applying on behalf of the participant.
Conn. Gen. Stat. § 54-130d — Connecticut Code / Title 54 / Chapter 961 / Section 54-130d
Sec. 54-130d. (Formerly Sec. 18-27a). Testimony of crime victim at session of board. Notification of Office of Victim Services of board's action.
Status: in_force

(b) At a session held by the Board of Pardons and Paroles to consider whether to grant a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, to any person convicted of any crime, the board shall permit any victim of the crime for which the person was convicted to appear before the board for the purpose of making a statement for the record concerning whether the convicted person should be granted such commutation, release or pardon. In lieu of such appearance, the victim may submit a written statement to the board and the board shall make such statement a part of the record at the session.

(c) If the Board of Pardons and Paroles is prepared to grant a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, to a person convicted of an offense involving the use, attempted use or threatened use of physical force against another person or resulting in the physical injury, serious physical injury or death of another person, it shall make reasonable efforts to locate and notify any victim of the crime for which such person was convicted prior to granting such commutation, release or pardon and shall permit such victim to appear before the board and make a statement or submit a statement as provided in subsection (b) of this section.

(d) Upon the granting to any person of a commutation of punishment or release, conditioned or absolute, a commutation from the penalty of death or a pardon, conditioned or absolute, the Board of Pardons and Paroles shall forthwith notify the Office of Victim Services of its action.
Conn. Gen. Stat. § 54-1g — Connecticut Code / Title 54 / Chapter 959 / Section 54-1g
Sec. 54-1g. Time of arraignment. Violation of protective order, standing criminal protective order or restraining order.
Status: in_force

(b) Any arrested person who is charged with a violation of section 53a-223 , 53a-223a or 53a-223b shall be promptly presented to the superior court next sitting for the geographical area where the offense is alleged to have been committed. If the alleged offense was committed in a geographical area of the Superior Court other than the geographical area where the protective order was issued, the prosecutorial official for the geographical area of the Superior Court where the alleged offense was committed shall notify the prosecutorial official for the geographical area where the protective order was issued of the alleged violation of such protective order. On motion of any party or the court, the prosecution of such offense may be transferred to the superior court for the geographical area where the protective order was issued.

Cited. 236 C. 388; 243 C. 205.

Cited. 11 CA 238; 43 CA 209; 44 CA 162.
Conn. Gen. Stat. § 54-1c — Connecticut Code / Title 54 / Chapter 959 / Section 54-1c
Sec. 54-1c. Admissibility of confession.
Status: in_force

Proof of voluntariness of confession prerequisite to its admissibility if made during illegal detention. 151 C. 246, see 371 U.S. 471. Cited. 154 C. 314, 321; 155 C. 124, 133. Confession inadmissible as defendant was not advised he could have a lawyer's services prior to interrogation and that he had right to stop answering questions at any time. 157 C. 384. Cited. 164 C. 402. Admission into evidence of custodial statements not violation of section. 167 C. 408. Cited. 187 C. 6. Exclusionary effects of this statute do not apply to violations of Sec. 54-63c. 195 C. 505. Cited. 236 C. 388; 240 C. 205. Section not applicable to suppress a statement that was elicited from accused before expiration of the first court session when his presentment still would have been timely; legislature's use of past tense in the phrase “has not been presented” evinces an intent that the violation of not presenting the accused person to the court in a timely manner already must have occurred when the statement is obtained in order for section to apply; section was intended to embody federal rules in effect when section was enacted in 1963. 317 C. 1.

Cited. 11 CA 238; 37 CA 252; judgment reversed, see 236 C. 388; 43 CA 209; 44 CA 162. Section renders inadmissible any admission, confession or statement given by an accused person who remains in state custody after the time at which he should have been presented in court; section does not invalidate all statements made by defendant prior to that time due to later, unrelated wrongdoing by the police in prolonging the period of his pre-presentment detention. 145 CA 547; judgment affirmed, see 317 C. 1.

Cited. 2 Conn. Cir. Ct. 573; 3 Conn. Cir. Ct. 346; 5 Conn. Cir. Ct. 35, 40.
Conn. Gen. Stat. § 54-82l — Connecticut Code / Title 54 / Chapter 961 / Section 54-82l
Sec. 54-82l. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1983.
Status: in_force

Cited. 198 C. 542.

Cited. 3 CA 349; 5 CA 347; 12 CA 364.
Conn. Gen. Stat. § 54-222a — Connecticut Code / Title 54 / Chapter 968 / Section 54-222a
Sec. 54-222a. Duty of peace officer regarding crime victim. Regulations.
Status: in_force

(b) The Commissioner of Emergency Services and Public Protection shall adopt regulations in accordance with chapter 54 to implement the provisions of subsection (a) of this section.
Conn. Gen. Stat. § 54-102a — Connecticut Code / Title 54 / Chapter 961 / Section 54-102a
Sec. 54-102a. (Formerly Sec. 53a-90). Examination for sexually transmitted disease and HIV testing of persons charged with certain sexual offenses.
Status: in_force

(b) Notwithstanding the provisions of section 19a-582 , the court before which is pending any case involving a violation of section 53-21 or any provision of sections 53a-65 to 53a-89 , inclusive, that involved a sexual act, as defined in section 54-102b , may, before final disposition of such case, order the testing of the accused person or, in a delinquency proceeding, the accused child for the presence of the etiologic agent for acquired immune deficiency syndrome or human immunodeficiency virus, unless the court from which such case has been transferred has ordered the testing of the accused person or child for such purpose, in which event the court to which such transfer is taken may determine that a further test is unnecessary. If the victim of the offense requests that the accused person or child be tested, the court may order the testing of the accused person or child in accordance with this subsection and the results of such test may be disclosed to the victim. The provisions of sections 19a-581 to 19a-585 , inclusive, and section 19a-590 , except any provision requiring the subject of an HIV-related test to provide informed consent prior to the performance of such test and any provision that would prohibit or limit the disclosure of the results of such test to the victim under this subsection, shall apply to a test ordered under this subsection and the disclosure of the results of such test.

(c) A report of the result of such examination or test shall be filed with the Department of Public Health on a form supplied by it. If such examination discloses the presence of sexually transmitted disease or if such test discloses the presence of the etiologic agent for acquired immune deficiency syndrome or human immunodeficiency virus, the court may make such order with reference to the continuance of the case or treatment or other disposition of such person as the public health and welfare require. Such examination or test shall be conducted at the expense of the Department of Public Health. Any person who fails to comply with any order of any court under the provisions of this section shall be guilty of a class C misdemeanor.

Subsec. (b): As long as the conditions set forth in Subsec. are satisfied, the trial court acts within its discretion under the applicable statutory language when it grants a motion for HIV testing and requirements of Sec. 19a-582(d)(8) do not apply to an order for testing under this Subsec. Granting of motion for HIV testing pursuant to Subsec. based solely on finding that defendant has been charged with offense enumerated in a statute that proscribes a sexual act violates a defendant's right to be free from unreasonable searches under Conn. Const. Art. I, Sec. 7, therefore, before ordering testing pursuant to Subsec., a court must first make a finding that such testing would provide useful, practical information to victim that cannot reasonably be obtained otherwise. 339 C. 528.
Conn. Gen. Stat. § 54-33i — Connecticut Code / Title 54 / Chapter 959 / Section 54-33i
Sec. 54-33i. “Journalist”, “news organization” and “news” defined.
Status: in_force

(1) “Journalist” means a person engaged in the business of investigating, collecting or writing news, or of supervising such activity, with the intent of publication or presentation or for publication or presentation to the public through a news organization.

(2) “News organization” means (A) an individual, partnership, corporation or other association engaged in the business, whether or not for profit, of (i) publishing a newspaper or other periodical that reports news events and that is issued at regular intervals or has a general circulation; or (ii) providing newsreels or other motion picture news for public showing; or (iii) broadcasting news to the public by wire, radio, television or facsimile; and (B) a press association or other association of individuals, partnerships, corporations or other associations described in subparagraph (A) of this subdivision or in subdivision (1) of this section engaged in gathering news and disseminating it to its members for publication.

(3) “News” means any compilation of facts, theories, rumors or opinions concerning any subject for the purpose of informing the public.
Conn. Gen. Stat. § 54-41t — Connecticut Code / Title 54 / Chapter 959a / Section 54-41t
Sec. 54-41t. Unauthorized or illegal interception: Class C felony.
Status: in_force

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

Cited. 16 CA 245.
Conn. Gen. Stat. § 54-56f — Connecticut Code / Title 54 / Chapter 960 / Section 54-56f
Sec. 54-56f. (Formerly Sec. 54-5). Requirements of sureties of the peace.
Status: in_force

Annotations to former section 54-5:

Bond void in part is void in toto. 7 C. 239. Justice authorized to take recognizance for good behavior and also to appear before higher court. 15 C. 149. Accused may be brought before and tried by another justice than the one issuing warrant. 59 C. 386. Cited. 60 C. 431.
Conn. Gen. Stat. § 54-142a — Connecticut Code / Title 54 / Chapter 961a / Section 54-142a
Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records.
Status: in_force

(b) Whenever in any criminal case prior to October 1, 1969, the accused, by a final judgment, was found not guilty of the charge or the charge was dismissed, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased by operation of law and the clerk or any person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased; provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition for erasure with the court granting such not guilty judgment or dismissal, or, where the matter had been before a municipal court, a trial justice, the Circuit Court or the Court of Common Pleas in the Superior Court where venue would exist for criminal prosecution and thereupon all police and court records and records of the state's attorney, prosecuting attorney or prosecuting grand juror pertaining to such charge shall be erased. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect.

(c) (1) Whenever any charge in a criminal case has been nolled in the Superior Court, or in the Court of Common Pleas, if at least thirteen months have elapsed since such nolle, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased, except that in cases of nolles entered in the Superior Court, Court of Common Pleas, Circuit Court, municipal court or by a justice of the peace prior to April 1, 1972, such records shall be deemed erased by operation of law and the clerk or the person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased, provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition to the court to have such records erased, in which case such records shall be erased.

(2) Whenever any charge in a criminal case has been continued at the request of the prosecuting attorney, and a period of thirteen months has elapsed since the granting of such continuance during which period there has been no prosecution or other disposition of the matter, the charge shall be nolled upon motion of the arrested person and such erasure may thereafter be effected or a petition filed therefor, as the case may be, as provided in this subsection for nolled cases.

(d) (1) Whenever prior to October 1, 1974, any person who has been convicted of an offense in any court of this state has received an absolute pardon for such offense, such person or any one of his heirs may, at any time subsequent to such pardon, file a petition with the Superior Court at the location in which such conviction was effected, or with the Superior Court at the location having custody of the records of such conviction or if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, in the Superior Court where venue would exist for criminal prosecution, for an order of erasure, and the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such offense be erased.

(2) Whenever such absolute pardon was received on or after October 1, 1974, such records shall be erased.

(e) (1) (A) Except as provided in subdivisions (2) and (3) of this subsection, whenever any person has been convicted in any court of this state of a classified or unclassified misdemeanor offense or a motor vehicle violation for which a maximum term of imprisonment of not more than one year could have been imposed, or a class D or E felony or an unclassified felony offense for which a maximum term of imprisonment of not more than five years could have been imposed or a motor vehicle violation for which a maximum term of imprisonment greater than one year and not more than five years could have been imposed, any police or court record and record of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such conviction, or any record pertaining to court obligations arising from such conviction held by the Board of Pardons and Paroles shall be erased as follows: (i) For any classified or unclassified misdemeanor offense or a motor vehicle violation for which a maximum term of imprisonment of not more than one year could have been imposed, except for a violation of section 14-227a , such records shall be erased seven years from the date on which the court entered the convicted person's most recent judgment of conviction (I) by operation of law, if such offense occurred on or after January 1, 2000, or (II) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000; and (ii) for any class D or E felony, unclassified felony offense for which a maximum term of imprisonment of not more than five years could have been imposed or a motor vehicle violation for which a maximum term of imprisonment in excess of one year and not more than five years could have been imposed, or any violation of section 14-227a , such records shall be erased ten years from the date on which the court entered the convicted person's most recent judgment of conviction (I) by operation of law, if such offense occurred on or after January 1, 2000, or (II) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000.

(B) For purposes of subparagraph (A) of this subdivision, the classification of the offense, and the maximum sentence that could have been imposed for a conviction of such offense, shall be determined based on the law that was in effect at the time the offense was committed.

(2) Convictions for the following offenses shall not be eligible for erasure pursuant to this subsection:

(A) Any conviction, on or after January 1, 2000, designated as a family violence crime, as defined in section 46b-38a ;

(B) Any conviction for an offense that is a nonviolent sexual offense or a sexually violent offense, each as defined in section 54-250 ;

(C) Any conviction for a violation of section 29-33 , 53a-60a , 53a-60b , 53a-60c , 53a-61a , 53a-64bb , 53a-64cc , 53a-72a , 53a-90a , 53a-103a , 53a-181c , 53a-191 , 53a-196 , 53a-196d , 53a-196f , 53a-211 , 53a-212 , 53a-216 , 53a-217 , 53a-217a , 53a-217c , 53a-322 , 53a-323 , 54-251 , 54-252 , 54-253 or 54-254 or subdivision (1) of subsection (a) of section 53a-189a ; or

(D) Any conviction for a violation of section 14-227a if the defendant has been convicted for another violation of section 14-227a within the ten years following such conviction.

(3) The provisions of subdivision (1) of this subsection shall not apply to any conviction for any offense until the defendant:

(A) Has completed serving any period of incarceration, parole, special parole, medical parole, compassionate parole or transitional supervision associated with any sentence for such offense and any other offense for which the defendant has been convicted on or after January 1, 2000, in this state;

(B) Has completed serving any period of probation for any sentence for any crime or crimes for which the defendant has been convicted on or after January 1, 2000, in this state; and

(C) Is not the subject of any pending state criminal charge in this state.

(4) If a person has been convicted of a violation of subsection (c) of section 21a-279 prior to October 1, 2015, such conviction shall not be considered as a most recent offense when evaluating whether a sufficient period of time has elapsed for an offense to qualify for erasure pursuant to this subsection.

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

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

(7) Nothing in this subsection shall terminate a defendant's obligation to register as a person convicted of an offense committed with a deadly weapon pursuant to section 54-280a , a felony for a sexual purpose pursuant to section 54-254 or a criminal offense against a victim who is a minor pursuant to section 54-251 .

(8) No erasure under this subsection shall be construed to terminate a defendant's obligation to abide by a standing criminal protective order imposed under section 53a-40e or terminate a defendant's obligation to pay any unremitted fine imposed as part of the court's sentence.

(9) Notwithstanding any provision of this section and the provisions of section 54-142c , any record required to substantiate any defendant's conviction shall be available to law enforcement, the court and the state's attorney for the purpose of (A) verifying such defendant's obligation to register pursuant to section 54-251 , 54-254 or 54-280a and prosecuting any such defendant for violating any provision of such sections, and (B) verifying such defendant's obligation to abide by any standing criminal protective order imposed under section 53a-40e and prosecuting any such defendant for a violation of section 53a-223a .

(f) (1) Whenever a person was convicted of one or more misdemeanors committed while such person was under eighteen years of age, and the offense or offenses occurred on or after January 1, 2000, and before July 1, 2012, all police and court records and records of the state's or prosecuting attorney shall be (A) erased, if such record is in an electronic record other than a scanned copy of a physical document, or (B) deemed erased by operation of law if such record is a scanned copy of a physical document or another record that is not electronic. This subdivision shall not apply to a motor vehicle offense, a violation under title 14 or a violation of section 51-164r . The clerk of the court or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under this subdivision and such clerk shall forward a notice of such erasure to any law enforcement agency and the state's or prosecuting attorney to which he or she knows information concerning the arrest has been disseminated directing that all law enforcement and records of the state's or prosecuting attorney pertaining to such case to be so erased or so deemed erased by operation of law.

(2) Whenever a person was convicted of one or more misdemeanors committed while such person was under eighteen years of age, and the offense or offenses occurred before January 1, 2000, such person may file a petition with the Superior Court at the location in which such conviction was effected for an order of erasure, and the Superior Court shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such case to be erased.

(3) Notwithstanding subsection (i) of this section, the provisions of this subsection shall not apply in cases in which there has been a conviction for any charge for which erasure would not apply arising from the same information as any erased conviction.

(g) (1) The clerk of the court or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under any provision of this section and such clerk shall forward a notice of such erasure to any law enforcement agency to which he knows information concerning the arrest has been disseminated and such disseminated information shall be erased from the records of such law enforcement agency. Such clerk shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records or upon the request of the accused cause the actual physical destruction of such records, except that such clerk shall not cause the actual physical destruction of such records until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain.

(2) Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

(h) Upon motion properly brought, the court or a judge of such court, if such court is not in session, shall order disclosure of such records (1) to a defendant in an action for false arrest arising out of the proceedings so erased, or (2) to the prosecuting attorney and defense counsel in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial, or any false statement charges, or any proceeding held pursuant to section 53a-40b , or (3) counsel for the petitioner and the respondent in connection with any habeas corpus or other collateral civil action in which evidence pertaining to a nolled or dismissed criminal charge may become relevant. Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed. The jury charge in connection with erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom.

(i) (1) Except as provided in subdivision (2) of this subsection, the provisions of this section shall not apply to any criminal history record information, as defined in section 54-142g , referencing more than one count of the criminal case or, in the case of a police record, referencing more than one defendant (A) while the criminal case is pending, or (B) when the criminal case is disposed of unless and until all counts on such criminal case and, in the case of a police record, on the relevant criminal cases for all referenced defendants are entitled to erasure in accordance with the provisions of this section.

(2) When a criminal case is disposed of, qualified electronic records or portions of qualified electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.

(3) Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5c , published memoranda of decision of the Superior Court or any records of the Appellate Court or Supreme Court related to matters considered by such courts.

(4) For the purposes of this subsection, “qualified electronic record” means any police or court record or the record of any state's attorney or prosecuting attorney that is an electronic record, as defined in section 1-267 , or a printout of any such electronic record, but does not include any portion of a police record that is a narrative description, including, but not limited to, any such description contained in an investigative report.

(j) An attorney of any person (1) who is the subject of any immigration matter in which disclosure of such person's criminal history record information may be required under federal law, (2) who has been convicted of an offense in any court of this state, and (3) whose criminal history record information has been erased pursuant to this chapter for such offense, may petition the Superior Court at the location in which such conviction was effected, or the Superior Court at the location having custody of the records of such conviction or if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, the Superior Court where venue would exist for criminal prosecution, for such records, and the Superior Court shall direct that all police and court records and records of the state's or prosecuting attorney pertaining to such offense be made available to such person's attorney, to the degree that such information has been retained.

(k) No fee shall be charged in any court with respect to any petition under this section.

(l) For the purposes of this section, “court records” shall not include a record or transcript of the proceedings made or prepared by an official court reporter, assistant court reporter or monitor or any audio or video recording of any court proceeding.

See Sec. 29-15 re return of fingerprints, pictures and descriptions, etc. to persons found not guilty or whose cases are dismissed or nolled.

See Sec. 46b-146 re erasure of police and court records of delinquent children.

See Sec. 54-76o re erasure of police and court records of youthful offenders.

Annotations to former section 54-90:

All police and court records include transcripts of criminal proceedings; prohibition against disclosure of information includes transcripts and applies to everyone. 165 C. 152. Application of statute to claim of denial of right to speedy trial. 174 C. 89.

Cited. 29 CS 333; Id., 344; 30 CS 108; Id., 181; Id., 197; Id., 211; 31 CS 179. Preliminary motions in criminal cases entitled State v. Anonymous , in view of section. Id., 292; Id., 353. Cited. 32 CS 304; 33 CS 55. Subsec. (f) must be construed to allow disclosure not only to defendant in action for false arrest but also to defendant in action for malicious prosecution. Id., 158. Cited. 34 CS 527; Id., 656. Subsec. (c) applies where nolle was properly and unconditionally entered. 35 CS 516.

Cited. 6 Conn. Cir. Ct. 655; Id., 667; Id., 751, 752.

Annotations to present section:

Cited. 179 C. 617. Fingerprints, pictures and description and other identification data regulated by Sec. 29-15 are not among the records whose disclosure is governed by this statute. 192 C. 488. Because disputed testimony was based on personal knowledge independent of the erased records, statute did not bar its admission. 200 C. 440. Cited. 201 C. 517; 206 C. 100. Act not intended to obliterate memory or to exclude any testimony not shown to have been derived from erased records. 216 C. 541. Cited. 227 C. 641; 232 C. 922; 237 C. 339. Although the state may not use the erased records to prove the basis for the sentence enhancement, the erasure provisions of this section do not prohibit the imposition of a sentence enhancement pursuant to Sec. 53a-40b after the records pertaining to the charges for which defendant was on pretrial release have been erased; this section and Sec. 54-142c do not categorically preclude the state from seeking to establish basis for sentence enhancement by use of evidence other than erased records. 319 C. 494.

Defendant was entitled to erasure under statute; confidentiality afforded by Sec. 46b-11 does not sufficiently protect this right. 2 CA 472. Cited. 3 CA 590. Statute does not prevent police officers from testifying at subsequent parole hearing. 5 CA 343. Cited. 10 CA 103; 11 CA 224; 20 CA 737; 37 CA 62; judgment reversed, see 237 C. 501; 38 CA 777; 40 CA 705; judgment reversed, see 240 C. 590; 41 CA 649. When a law enforcement officer has been ordered by the court to vacate an arrest warrant, this is a mandatory duty; failure to do so may not be excused by governmental immunity. 110 CA 389. Trial court had no authority to impose sentence enhancement for crime committed while released on bond when, prior to sentencing, the records relating to the arrests that led to defendant's release on bond had been erased pursuant to section. 146 CA 641; judgment reversed in part, see 319 C. 494.

Cited. 35 CS 186. Early release of transcripts to defendants during criminal trial not a violation of statute since, in event of acquittal, they would be entitled to them under provisions of Subsec. (f). 36 CS 9. Information contained in records automatically erased is unavailable to state in further proceedings. Id., 91. Cited. 38 CS 661; 40 CS 20; Id., 38; Id., 38; Id., 498; 41 CS 356.

Subsec. (b):

Term “records” does not include evidence obtained by police in the course of an investigation, nor does it preclude testimony of witnesses as to their personal recollection of events. 68 CA 596.

Subsec. (c):

Cited. 179 C. 1; 180 C. 153; 185 C. 199; 197 C. 602; 198 C. 435; 200 C. 453; 209 C. 52; Id., 133. Given that a dismissal or erasure pursuant to Subsec. (a) or (b) would trigger application of Sec. 53-39a, court concluded same result should follow erasure of records of a nolled case under this Subsec.; judgment of Appellate Court in 40 CA 705 reversed. 240 C. 590. In a matter where pretrial conference failed to result in agreement, statement by state to court that “case is going to remain on the firm trial list” did not equate to continuance at request of the prosecuting attorney; the phrase “continued at the request of the prosecuting attorney” requires an explicit, overt act of asking for continuance on part of state; Supreme Court does not adopt Appellate Court's interpretation of this section as speedy trial statute because such interpretation undermines and is inconsistent with Secs. 54-82c, 54-82d, 54-82 l and 54-82m in terms of finality provided by said sections and specific procedural requirements contained therein. 286 C. 666.

Explicit request required from state to continue case and statement indicating that case is to remain on firm trial list is not sufficient for continuance under statute. 99 CA 579.

Information contained in records automatically erased after nolle is unavailable to the state in the preparation of a new warrant. 36 CS 91.

Subsec. (d):

Meaning of “court records” discussed and construed. 183 C. 183.

Subsec. (e):

Cited. 208 C. 411. By filing notice of intent to institute an action against town, defendant has waived provision of Subsec. that would otherwise permit him to have his arrest records destroyed; judgment of Appellate Court in 37 CA 62 reversed. 237 C. 501.

Subsec. (f):

By filing notice of intent to institute an action against town, defendant has waived nondisclosure provision of Subsec.; judgment of Appellate Court in 37 CA 62 reversed. 237 C. 501.

Subsec. (h):

Court properly prospectively applied “court records” exclusion and properly concluded that plaintiff's right to erasure did not vest until he was found not guilty on March 22, 2000. 67 CA 221.
Conn. Gen. Stat. § 54-1p — Connecticut Code / Title 54 / Chapter 959 / Section 54-1p
Sec. 54-1p. Eyewitness identification procedures.
Status: in_force

(1) “Eyewitness” means a person who observes another person at or near the scene of an offense;

(2) “Photo lineup” means a procedure in which an array of photographs, including a photograph of the person suspected as the perpetrator of an offense and additional photographs of other persons not suspected of the offense, is presented to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator;

(3) “Live lineup” means a procedure in which a group of persons, including the person suspected as the perpetrator of an offense and other persons not suspected of the offense, is presented to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator;

(4) “Identification procedure” means either a photo lineup or a live lineup; and

(5) “Filler” means either a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure.

(b) Not later than February 1, 2013, the Police Officer Standards and Training Council and the Division of State Police within the Department of Emergency Services and Public Protection shall jointly develop and promulgate uniform mandatory policies and appropriate guidelines for the conducting of eyewitness identification procedures that shall be based on best practices and be followed by all municipal and state law enforcement agencies. Said council and division shall also develop and promulgate a standardized form to be used by municipal and state law enforcement agencies when conducting an identification procedure and making a written record thereof.

(c) Not later than May 1, 2013, each municipal police department and the Department of Emergency Services and Public Protection shall adopt procedures for the conducting of photo lineups and live lineups that are in accordance with the policies and guidelines developed and promulgated by the Police Officer Standards and Training Council and the Division of State Police within the Department of Emergency Services and Public Protection pursuant to subsection (b) of this section and that comply with the following requirements:

(1) Whenever a specific person is suspected as the perpetrator of an offense, the photographs included in a photo lineup or the persons participating in a live lineup shall be presented sequentially so that the eyewitness views one photograph or one person at a time in accordance with the policies and guidelines developed and promulgated by the Police Officer Standards and Training Council and the Division of State Police within the Department of Emergency Services and Public Protection pursuant to subsection (b) of this section;

(2) The identification procedure shall be conducted in such a manner that the person conducting the procedure does not know which person in the photo lineup or live lineup is suspected as the perpetrator of the offense, except that, if it is not practicable to conduct a photo lineup in such a manner, the photo lineup shall be conducted by the use of a folder shuffle method, computer program or other comparable method so that the person conducting the procedure does not know which photograph the eyewitness is viewing during the procedure;

(3) The eyewitness shall be instructed prior to the identification procedure:

(A) That the eyewitness will be asked to view an array of photographs or a group of persons, and that each photograph or person will be presented one at a time;

(B) That it is as important to exclude innocent persons as it is to identify the perpetrator;

(C) That the persons in a photo lineup or live lineup may not look exactly as they did on the date of the offense because features like facial or head hair can change;

(D) That the perpetrator may or may not be among the persons in the photo lineup or live lineup;

(E) That the eyewitness should not feel compelled to make an identification;

(F) That the eyewitness should take as much time as needed in making a decision; and

(G) That the police will continue to investigate the offense regardless of whether the eyewitness makes an identification;

(4) In addition to the instructions required by subdivision (3) of this subsection, the eyewitness shall be given such instructions as may be developed and promulgated by the Police Officer Standards and Training Council and the Division of State Police within the Department of Emergency Services and Public Protection pursuant to subsection (b) of this section;

(5) The photo lineup or live lineup shall be composed so that the fillers generally fit the description of the person suspected as the perpetrator and, in the case of a photo lineup, so that the photograph of the person suspected as the perpetrator resembles his or her appearance at the time of the offense and does not unduly stand out;

(6) If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the person suspected as the perpetrator participates or in which the photograph of the person suspected as the perpetrator is included shall be different from the fillers used in any prior lineups;

(7) At least five fillers shall be included in the photo lineup and at least four fillers shall be included in the live lineup, in addition to the person suspected as the perpetrator;

(8) In a photo lineup, no writings or information concerning any previous arrest of the person suspected as the perpetrator shall be visible to the eyewitness;

(9) In a live lineup, any identification actions, such as speaking or making gestures or other movements, shall be performed by all lineup participants;

(10) In a live lineup, all lineup participants shall be out of the view of the eyewitness at the beginning of the identification procedure;

(11) The person suspected as the perpetrator shall be the only suspected perpetrator included in the identification procedure;

(12) Nothing shall be said to the eyewitness regarding the position in the photo lineup or the live lineup of the person suspected as the perpetrator;

(13) Nothing shall be said to the eyewitness that might influence the eyewitness's selection of the person suspected as the perpetrator;

(14) If the eyewitness identifies a person as the perpetrator, the eyewitness shall not be provided any information concerning such person prior to obtaining the eyewitness's statement regarding how certain he or she is of the selection; and

(15) A written record of the identification procedure shall be made that includes the following information:

(A) All identification and nonidentification results obtained during the identification procedure, signed by the eyewitness, including the eyewitness's own words regarding how certain he or she is of the selection;

(B) The names of all persons present at the identification procedure;

(C) The date and time of the identification procedure;

(D) In a photo lineup, the photographs presented to the eyewitness or copies thereof;

(E) In a photo lineup, identification information on all persons whose photograph was included in the lineup and the sources of all photographs used; and

(F) In a live lineup, identification information on all persons who participated in the lineup.

Defendant's state constitutional right to due process not violated where police deviated from section requirements; procedures in section are best practices but not constitutionally mandated and state presented ample evidence of both system and estimator variables that support a determination that the photo identification was reliable. 218 CA 555.
Conn. Gen. Stat. § 54-186 — Connecticut Code / Title 54 / Chapter 965 / Section 54-186
Sec. 54-186. Agreement on Detainers.
Status: in_force

Article I

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

Article II

As used in this agreement: (a) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to article III hereof or at the time that a request for custody or availability is initiated pursuant to article IV hereof. (c) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to article III or article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of the imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of correction 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, commissioner of correction or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of correction or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

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

Article IV

(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with article V(a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.

(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to article V(e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

Article V

(a) In response to a request made under article III or article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given. (2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in article III or article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

Article VI

(a) In determining the duration and expiration dates of the time periods provided in articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

Article VII

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the state affected as to all severable matters.

Cited. 180 C. 153. Remedial relief must be sought in charging state. 185 C. 562. Cited. 193 C. 116; Id., 270. Phrase “shall have caused to be delivered” in Article III(a) discussed. 194 C. 297. Cited. 202 C. 93; 203 C. 494; 210 C. 78; 215 C. 418; 218 C. 791; 219 C. 629; 224 C. 163.

Cited. 12 CA 1; 14 CA 244; 20 CA 205; 21 CA 298; 23 CA 642; judgment reversed, see 219 C. 629; 26 CA 254; Id., 698; 36 CA 691. Defendant's right to speedy trial under Article III not violated when delay due to administrative error in transporting defendant. 49 CA 121. Purpose of section discussed. 57 CA 478. Petitioner who made oral request for disposition and repeatedly disregarded Connecticut's Interstate Agreement on Detainers procedures was precluded from complaining that he was denied his right to a speedy trial. 62 CA 24. Provisions apply only to trial on charges that form the basis of the detainer. 63 CA 386. Article IV(c): Time limit within which a trial must commence may be tolled by virtue of delays attributable to defendant; and thus continuances granted at the request of defendant's attorney tolled the statutory time period. 78 CA 610.

The 180-day period during which plaintiff was required under Article III to be brought to trial in the other party state having elapsed, plaintiff's habeas corpus petition granted and he is ordered discharged. 26 CS 469. Agreement on Detainers may serve as a statute of limitations on right of a state to extradite prisoner in another state. 34 CS 128. Motions for discovery filed by defendant do not toll the 180-day speedy trial period under Article III. 36 CS 327. Cited. 40 CS 354; 41 CS 320.
Conn. Gen. Stat. § 54-56a — Connecticut Code / Title 54 / Chapter 960 / Section 54-56a
Sec. 54-56a. (Formerly Sec. 54-2b). Pleading by mail in certain motor vehicle cases.
Status: in_force

Annotation to former section 54-2b:

Cited. 29 CS 155.
Conn. Gen. Stat. § 54-102uu — Connecticut Code / Title 54 / Chapter 961 / Section 54-102uu
Sec. 54-102uu. Compensation for wrongful incarceration.
Status: in_force

(1) Such person has been convicted by this state of one or more crimes and has been sentenced to a term of imprisonment for such crime or crimes and has served all or part of such sentence; and

(2) Such person's conviction was (A) vacated or reversed, and (B) the complaint or information dismissed on (i) grounds of innocence or grounds consistent with innocence, or (ii) a ground citing an act or omission that constitutes malfeasance or other serious misconduct by any officer, agent, employee or official of the state that contributed to such person's arrest, prosecution, conviction or incarceration.

(3) For purposes of this subsection, “grounds consistent with innocence” includes, but is not limited to, a situation in which a conviction was vacated or reversed and there is substantial evidence of innocence, whether such evidence was available at the time of investigation or trial or is newly discovered.

(b) A person who meets the eligibility requirements of subsection (a) of this section may present a claim against the state for such compensation with the Claims Commissioner in accordance with the provisions of chapter 53. The provisions of said chapter shall be applicable to the presentment, hearing and determination of such claim except as otherwise provided in this section.

(c) At the hearing on such claim, the claimant shall have the burden of establishing by a preponderance of the evidence that such claimant meets the eligibility requirements of subsection (a) of this section. In addition, such claimant shall present evidence as to (1) the claimant's age, income, vocational training and level of education at the time of conviction, (2) loss of familial relationships, (3) damage to reputation, (4) the severity of the crime for which such claimant was convicted and whether such claimant was under a sentence of death pursuant to section 53a-46a for any period of time, (5) whether such claimant was required to register pursuant to section 54-251 or 54-252 , and for what length of time such claimant complied with the registration requirements of chapter 969, and (6) any other damages such claimant may have suffered arising from or related to such claimant's arrest, prosecution, conviction and incarceration. The Claims Commissioner shall determine whether a claimant meets such eligibility requirements not later than ninety days after such hearing.

(d) (1) If the Claims Commissioner determines that such claimant has established such claimant's eligibility under subsection (a) of this section by a preponderance of the evidence, the Claims Commissioner shall order the immediate payment to such claimant of compensation for such wrongful incarceration in an amount determined pursuant to subdivision (2) of this subsection, unless (A) such compensation award is in an amount exceeding thirty-five thousand dollars, or (B) such claimant requests, in accordance with section 4-158 , that the General Assembly review such compensation award. The Claims Commissioner shall submit any such compensation award described in subparagraph (A) or (B) of this subdivision and the claim from which such award arose to the General Assembly in the same manner as provided under section 4-159 , not later than five business days after the commissioner issues such award determination or receives such request for review, whichever is sooner. The General Assembly shall review any such compensation award and the claim from which such award arose not later than forty-five days after such award and claim is submitted to the General Assembly and may deny or confirm such compensation award, or remand the claim to the Office of the Claims Commissioner for such further proceedings as the General Assembly may direct. If the General Assembly takes no action on such compensation award, the determination made by the Claims Commissioner shall be deemed confirmed.

(2) (A) In determining the amount of such compensation, the Claims Commissioner shall award an amount that is two hundred per cent of the median family income for the state for each year the claimant was incarcerated, as determined by the United States Department of Housing and Urban Development, adjusted for inflation using the consumer price index for urban consumers, provided the amount for any partial year shall be prorated in order to compensate only for the portion of such year in which such claimant was incarcerated. The Claims Commissioner may decrease or increase the award amount by twenty-five per cent based on an assessment of relevant factors including, but not limited to, the evidence presented by the claimant under subdivisions (1) to (6), inclusive, of subsection (c) of this section.

(B) The amount of any compensation awarded pursuant to this subdivision shall be offset by the amount of any damages awarded to the claimant resulting from an action by the claimant against any other unit of government within this state by reason of the same subject of the claim.

(e) In addition to the compensation paid under subsection (d) of this section, the Claims Commissioner may order payment for the expenses of employment training and counseling, tuition and fees at any constituent unit of the state system of higher education.

(f) Any claimant claiming compensation under this section based on a pardon that was granted or the dismissal of a complaint or information that occurred before October 1, 2008, shall file such claim not later than two years after October 1, 2008. Any claimant claiming compensation under this section based on a pardon that was granted or the dismissal of a complaint or information that occurred on or after October 1, 2008, shall file such claim not later than two years after the date of such pardon or dismissal.

(g) Any person who is compensated pursuant to this section shall sign a release providing that such person voluntarily relinquishes any right to pursue any other action or remedy at law or in equity against the state that such person may have arising out of such wrongful conviction and incarceration.

(h) Any damages awarded after an award pursuant to this section to the claimant resulting from an action by the claimant against any other unit of government within this state by reason of the same subject of the claim shall be offset by the amount of the compensation award received under this section.

(i) If a claimant who is deceased would be entitled to compensation under this section if such claimant were living, including a claimant whose conviction was vacated or reversed posthumously, the claimant's estate is entitled to compensation under this section, provided such claimant's claim was pending before the Claims Commissioner at the time of such claimant's death.

(j) Any compensation award and claim from which such award arose that is submitted by the Claims Commissioner to the General Assembly (1) when the General Assembly is not in a regular session, or (2) not more than thirty days before the end of a regular session and which is not acted upon dispositively before the end of such session, shall be deemed to be submitted on the first day of the next regular session.

(k) The provisions of this section shall not apply to any agreement or stipulation pursuant to the provisions of section 3-125a .
Conn. Gen. Stat. § 54-177 — Connecticut Code / Title 54 / Chapter 964 / Section 54-177
Sec. 54-177. Recall or new issuance of Governor's warrant.
Status: in_force

Res judicata discussed. 182 C. 470. Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-168 — Connecticut Code / Title 54 / Chapter 964 / Section 54-168
Sec. 54-168. Confinement, when.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-178 — Connecticut Code / Title 54 / Chapter 964 / Section 54-178
Sec. 54-178. Governor seeking extradition to issue warrant to agent to receive accused.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-209 — Connecticut Code / Title 54 / Chapter 968 / Section 54-209
Sec. 54-209. When compensation may be ordered. Order inadmissible in civil or criminal proceeding.
Status: in_force

(b) The Office of Victim Services or, on review, a victim compensation commissioner, may also order the payment of compensation in accordance with the provisions of sections 54-201 to 54-218 , inclusive, for personal injury or death that resulted from the operation of a motor vehicle, water vessel, snow mobile or all-terrain vehicle by another person who was subsequently convicted with respect to such operation for a violation of 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 , subdivision (3) of section 14-386a or section 15-132a , 15-140 l , 15-140n , 53a-56b or 53a-60d . In the absence of a conviction, the Office of Victim Services or, on review, a victim compensation commissioner, may order payment of compensation under this section if, upon consideration of all circumstances determined to be relevant, the office or commissioner, as the case may be, reasonably concludes that another person has operated a motor vehicle in violation of 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 , subdivision (3) of section 14-386a or section 15-132a , 15-140 l , 15-140n , 53a-56b or 53a-60d .

(c) Except as provided in subsection (b) of this section, no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purposes of sections 54-201 to 54-218 , inclusive, unless the injuries were intentionally inflicted through the use of the vehicle.

(d) In instances where a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53-21 , 53a-70 , 53a-70a , 53a-70c , 53a-71 , 53a-72a , 53a-72b , 53a-73a , 53a-82 , 53a-83b , 53a-90a , 53a-192a , 53a-196 , 53a-196a , 53a-196b or 53a-196i , or family violence, as defined in section 46b-38a , has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner, may order compensation be paid if (1) the personal injury has been disclosed to: (A) A physician or surgeon licensed under chapter 370; (B) a resident physician or intern in any hospital in this state, whether or not licensed; (C) a physician assistant licensed under chapter 370; (D) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378; (E) a psychologist licensed under chapter 383; (F) a police officer; (G) a mental health professional; (H) an emergency medical services provider licensed or certified under chapter 368d; (I) an alcohol and drug counselor licensed or certified under chapter 376b; (J) a marital and family therapist licensed under chapter 383a; (K) a domestic violence counselor or a sexual assault counselor, as defined in section 52-146k ; (L) a professional counselor licensed under chapter 383c; (M) a clinical social worker licensed under chapter 383b; (N) an employee of the Department of Children and Families; (O) an employee of a children's advocacy center, as defined in section 17a-106a ; or (P) a school principal, a school teacher, a school guidance counselor or a school counselor, or (2) the personal injury is reported in an application for a restraining order under section 46b-15 or an application for a civil protection order under section 46b-16a or on the record to the court, provided such restraining order or civil protection order was granted in the Superior Court following a hearing, and (3) the office or commissioner, as the case may be, reasonably concludes that a violation of any of said sections has occurred.

(e) Evidence of an order for the payment of compensation by the Office of Victim Services or a victim compensation commissioner in accordance with the provisions of sections 54-201 to 54-218 , inclusive, shall not be admissible in any civil proceeding to prove the liability of any person for such personal injury or death or in any criminal proceeding to prove the guilt or innocence of any person for any crime.
Conn. Gen. Stat. § 54-63f — Connecticut Code / Title 54 / Chapter 960 / Section 54-63f
Sec. 54-63f. Release after conviction and pending sentence or appeal.
Status: in_force

Bail under section is entirely disconnected from preconviction bail and presumption of innocence and should be granted with great caution. 159 C. 264. Section violates separation of powers provision contained in Art. II of the Connecticut Constitution, as amended by Art. XVIII of the amendments, insofar as it prohibits trial court from releasing on bail any person who has been convicted of an offense “involving the use, attempted use or threatened use of physical force against another person” because it presents significant interference with the orderly functioning of Superior Court's judicial role. 261 C. 492. The right to bail under the Connecticut constitution is extinguished upon conviction, i.e., a finding of guilt, accepted by the court. 327 C. 932.

Supreme Court's determination of unconstitutionality in 261 C. 492 should be applied retroactively, as it could have impact on defendant's sentence. 89 CA 729.

Cited. 29 CS 339.
Conn. Gen. Stat. § 54-166 — Connecticut Code / Title 54 / Chapter 964 / Section 54-166
Sec. 54-166. Appearance of accused in court. Habeas corpus.
Status: in_force

Prior to 1960: Court of Common Pleas may, in its discretion, admit prisoner to bail pending appeal from its decision dismissing writ of habeas corpus. 100 C. 291. Demanding state is forum in which issue of violation of due process must be raised; argument re arrest must be confined to legalities. 151 C. 155. Indigent must be afforded means to assert his rights on such hearings. 157 C. 403. Cited. 159 C. 150. United States court will not ordinarily issue writ pending final determination of case in state courts. 160 U.S. 231. Cited. 171 C. 366; 186 C. 404; 188 C. 364; 190 C. 631; 193 C. 270; 196 C. 309; 218 C. 791.

Scope and limits of the hearing on habeas corpus discussed; in habeas corpus proceeding, plaintiff argued that his return to North Carolina would be in violation of his constitutional rights, particularly those relating to cruel and unusual punishment, excessive fines and right to counsel; held that, if his constitutional rights were violated, his remedy lies in an appeal from the decision of the North Carolina court. 21 CS 12.
Conn. Gen. Stat. § 54-46a — Connecticut Code / Title 54 / Chapter 960 / Section 54-46a
Sec. 54-46a. Probable cause hearing for persons charged with crimes punishable by death, life imprisonment without possibility of release or life imprisonment.
Status: in_force

(b) Unless waived by the accused person or extended by the court for good cause shown, such preliminary hearing shall be conducted within sixty days of the filing of the complaint or information in Superior Court. The court shall be confined to the rules of evidence, except that written reports of expert witnesses shall be admissible in evidence and matters involving chain of custody shall be exempt from such rules. No motion to suppress or for discovery shall be allowed in connection with such hearing. The accused person shall have the right to counsel and may attend and, either individually or by counsel, participate in such hearing, present argument to the court, cross-examine witnesses against him and obtain a transcript of the proceedings at his own expense. At the close of the prosecution's case, if the court finds that, based on the evidence presented by the prosecution, probable cause exists, the accused person may make a specific offer of proof, including the names of witnesses who would testify or produce the evidence offered. The court shall not allow the accused person to present such evidence unless the court determines that such evidence would be sufficient to rebut the finding of probable cause.

(c) If, from the evidence presented pursuant to subsection (b) of this section, it appears to the court that there is probable cause to believe that the accused person has committed the offense charged, the court shall so find and approve the continuance of the accused person's prosecution for that offense. A determination by the court that there is not probable cause to require the accused person to be put to trial for the offense charged shall not operate to prevent a subsequent prosecution of such accused person for the same offense.

Constitutional right to a probable cause hearing vested immediately for all defendants not yet indicted on May 26, 1983; portion of statute conferring right to probable cause hearing only on those charged on and after May 26, 1983, is unconstitutional and therefore invalid. 192 C. 671. Cited. 201 C. 598. Validity is not subject to constitutional attack as a violation of separation of powers. 203 C. 641. Cited. 206 C. 323; 210 C. 631; Id., 652; 211 C. 289; 213 C. 161; Id., 708; 214 C. 132; Id., 454; Id., 476; Id., 616; 218 C. 714; 220 C. 270; 221 C. 109; 222 C. 506; 223 C. 127; 224 C. 29; 228 C. 62. Probable cause hearing required by section applies only to criminal prosecutions, not to an action for adjudication of delinquency. 229 C. 691. Cited. 233 C. 106; 234 C. 97; 237 C. 58; 240 C. 727; Id., 743; 242 C. 409. Deprivation of counsel at a probable cause hearing constitutes procedural error for which harmless error review is proper. 279 C. 493.

Cited. 7 CA 457; 26 CA 165; 28 CA 34; 29 CA 499; 30 CA 381; 34 CA 58; judgment reversed, see 232 C. 537; 35 CA 762; 36 CA 250; Id., 364; 37 CA 404; 46 CA 545. Second probable cause hearing which was held after the 60-day time limit was valid because the first hearing was held within the statutory time limit and the second hearing was scheduled based on defendant's request so that defendant could be represented by counsel. 75 CA 223. Right to be heard by an impartial tribunal is guaranteed by the state and federal constitutions and need not be recited in each section delineating criminal procedure, therefore section is constitutional. 151 CA 574.

Cited. 40 CS 38; 42 CS 426; 43 CS 38; Id., 367.

Subsec. (a):

Cited. 204 C. 120; 209 C. 133. Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1.

Cited. 19 CA 571; 41 CA 809; 44 CA 790. By unconditionally accepting a plea deal and pleading guilty, petitioner waived any challenge to court's jurisdiction over his person; statute on its face contains terms “any crime”, “the offense” and “it” when mandating that defendant exposed to punishment of life imprisonment or death be given preliminary hearing in probable cause; there is nothing in the statute that refers to crimes, offenses or an aggregation of crimes or offenses, and petitioner has referred to no case law or other statute that has interpreted the statute to require probable cause hearing when the aggregate of the charges exposes defendant to 60 years imprisonment, but the crimes, when considered individually, expose defendant to less than 60 years on each charge; when the state amends an information and defendant no longer faces possibility of a life sentence, it is not improper for trial court to proceed without affording defendant a hearing in probable cause. 105 CA 124.

Subsec. (b):

Court concluded statute constitutional when read in conjunction with prosecution's ongoing constitutional duty to disclose exculpatory material to a criminal defendant independent of a defense motion or request. 200 C. 323. Cited. 216 C. 492. No constitutional duty requires a court to entertain motions to suppress at a probable cause hearing. 218 C. 151. Cited. 229 C. 716; 238 C. 588. Waiver of time period in which to hold hearing may be asserted by attorney for defendant and does not require defendant personally to appear and be canvassed. 245 C. 301.

Legislature, in enacting Subsec., required that probable cause hearing must be conducted within 60 days of filing of the complaint or information unless waived by defendant or extended by the court for good cause shown. 79 CA 535.
Conn. Gen. Stat. § 54-1m — Connecticut Code / Title 54 / Chapter 959 / Section 54-1m
Sec. 54-1m. Adoption of policy prohibiting certain police actions. Traffic stop information. Standardized method. Data collection and reporting.
Status: in_force

(b) Not later than July 1, 2013, the Office of Policy and Management, in consultation with the Racial Profiling Prohibition Project Advisory Board established in section 54-1s , and the Criminal Justice Information System Governing Board shall, within available resources, develop and implement a standardized method:

(1) To be used by police officers of municipal police departments, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop to record traffic stop information unless the police officer is required to leave the location of the stop prior to completing such form in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties. The standardized method and any form developed and implemented pursuant to such standardized method shall allow the following information to be recorded: (A) The date and time of the stop; (B) the specific geographic location of the stop; (C) the unique identifying number of the police officer making the stop, or the name and title of the person making the stop if such person does not have a unique identifying number; (D) the race, ethnicity, age and gender of the operator of the motor vehicle that is stopped, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop; (E) the nature of the alleged traffic violation or other violation that caused the stop to be made and the statutory citation for such violation; (F) the disposition of the stop including whether a warning, citation or summons was issued, whether a search was conducted, the authority for any search conducted, the result of any search conducted, the statute or regulation citation for any warning, citation or summons issued and whether a custodial arrest was made; and (G) any other information deemed appropriate. The method shall also provide for (i) notice to be given to the person stopped that if such person believes that such person has been stopped, detained, interdicted or subjected to a search on the basis, in whole or in part, of such person's race, color, ethnicity, age, gender, sexual orientation, religion or membership in any other protected class, such person may file a complaint with the appropriate law enforcement agency unless the police officer was required to leave the location of the stop prior to providing such notice in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties, and (ii) instructions to be given to the person stopped on how to file such complaint unless the police officer was required to leave the location of the stop prior to providing such instructions in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties;

(2) To be used to report complaints pursuant to this section by any person who believes such person has been subjected to a motor vehicle stop by a police officer on the basis, in whole or in part, of race, color, ethnicity, age, gender, sexual orientation or religion; and

(3) To be used by each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop to report data to the Office of Policy and Management pursuant to subsection (h) of this section.

(c) Not later than July 1, 2013, the Office of Policy and Management, in consultation with the Racial Profiling Prohibition Project Advisory Board, shall develop and implement guidelines to be used by each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop in (1) training police officers of such agency in the completion of the form developed and implemented pursuant to subdivision (1) of subsection (b) of this section, and (2) evaluating the information collected by police officers of such municipal police department, the Department of Emergency Services and Public Protection or other department with authority to conduct a traffic stop pursuant to subsection (e) of this section for use in the counseling and training of such police officers.

(d) On and after the date a standardized method and form have been developed and implemented pursuant to subdivision (1) of subsection (b) of this section, each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shall record and retain the information required to be recorded pursuant to such standardized method and any additional information that such municipal police department or the Department of Emergency Services and Public Protection or other department with authority to conduct a traffic stop, as the case may be, deems appropriate, provided such information shall not include any other identifying information about any person stopped for a traffic violation such as the person's operator's license number, name or address.

(e) Each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shall provide to the Chief State's Attorney and the Office of Policy and Management (1) a copy of each complaint received pursuant to this section, and (2) written notification of the review and disposition of such complaint. No copy of such complaint shall include any other identifying information about the complainant such as the complainant's operator's license number, name or address.

(f) Any police officer who in good faith records traffic stop information pursuant to the requirements of this section shall not be held civilly liable for the act of recording such information unless the officer's conduct was unreasonable or reckless.

(g) If a municipal police department, the Department of Emergency Services and Public Protection or any other department with authority to conduct a traffic stop fails to comply with the provisions of this section, the Office of Policy and Management shall recommend and the Secretary of the Office of Policy and Management may order an appropriate penalty in the form of the withholding of state funds from such municipal police department, the Department of Emergency Services and Public Protection or such other department with authority to conduct a traffic stop.

(h) On and after October 1, 2013, each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shall provide to the Office of Policy and Management a monthly report of the information recorded pursuant to subsection (d) of this section for each traffic stop conducted, in a format prescribed by the Office of Policy and Management. On and after January 1, 2015, such information shall be submitted in electronic form, and shall be submitted in electronic form prior to said date to the extent practicable.

(i) The Office of Policy and Management shall, within available resources, review the prevalence and disposition of traffic stops and complaints reported pursuant to this section, including any traffic stops conducted on suspicion of a violation of section 14-227a , 14-227g , 14-227m or 14-227n . Not later than July 1, 2014, and annually thereafter, the office shall report the results of any such review, including any recommendations, to the Governor, the General Assembly and any other entity deemed appropriate. The Office of Policy and Management shall make such report publicly available on the office's Internet web site.
Conn. Gen. Stat. § 54-228 — Connecticut Code / Title 54 / Chapter 968 / Section 54-228
Sec. 54-228. Request by victim, immediate family member of victim or family member of inmate for notification.
Status: in_force

(b) Any victim of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250 , or a felony found by the sentencing court to have been committed for a sexual purpose, as provided in section 54-254 , or any member of the immediate family of such victim, who desires to be notified whenever the person who was convicted or found not guilty by reason of mental disease or defect of such offense files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to subsection (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, may complete and file a request for notification with the Office of Victim Services or the Victim Services Unit within the Department of Correction.

(c) A request for notification filed pursuant to this section shall be in such form and content as the Office of the Chief Court Administrator may prescribe. Such request for notification shall be confidential and shall remain confidential while in the custody of the Office of Victim Services and the Department of Correction and shall not be disclosed. It shall be the responsibility of the victim, or any member of the immediate family of such victim, to notify the Office of Victim Services and the Victim Services Unit within the Department of Correction 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 and the Department of Correction. 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. § 54-76o — Connecticut Code / Title 54 / Chapter 960a / Section 54-76o
Sec. 54-76o. Erasure of police and court records of youthful offender.
Status: in_force

Cited. 173 C. 414; 179 C. 98; 183 C. 183; 192 C. 85; 240 C. 743.

Cited. 30 CS 71; 38 CS 675.
Conn. Gen. Stat. § 54-41r — Connecticut Code / Title 54 / Chapter 959a / Section 54-41r
Sec. 54-41r. Remedies of party intercepted; defense.
Status: in_force

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

Cited. 3 CA 477; 14 CA 605.

Cited. 30 CS 302.
Conn. Gen. Stat. § 54-76l — Connecticut Code / Title 54 / Chapter 960a / Section 54-76l
Sec. 54-76l. Records or other information of youth to be confidential. Exceptions.
Status: repealed

(b) The records of any such youth, or any part thereof, may be disclosed to and between individuals and agencies, and employees of such agencies, providing services directly to the youth, including law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h , court officials, the Division of Criminal Justice, the Court Support Services Division, a victim advocate under section 54-220 for a victim of a crime committed by the youth and the Department of Children and Families, if the child is under the oversight of the department's administrative unit pursuant to section 17a-3b , provided such disclosure shall be limited to information that identifies the child as residing in a justice facility or incarcerated. Such records shall also be available to the attorney representing the youth, in any proceedings in which such records are relevant, to the parents or guardian of such youth, until such time as the youth reaches the age of majority or is emancipated, and to the youth upon his or her emancipation or attainment of the age of majority, provided proof of the identity of such youth is submitted in accordance with guidelines prescribed by the Chief Court Administrator. Such records shall also be available to members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been adjudged a youthful offender and sentenced to a term of imprisonment or been convicted of a crime in the regular criminal docket of the Superior Court, and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release. Such records shall also be available to law enforcement officials and prosecutorial officials conducting legitimate criminal investigations or seeking an order to detain pursuant to section 46b-133 . Such records shall also be available to members and employees of the Judicial Review Council who, in the performance of their duties, require access to such records. Records disclosed pursuant to this subsection shall not be further disclosed.

(c) The records of any such youth, or any part thereof, may be disclosed upon order of the court to any person who has a legitimate interest in the information and is identified in such order. Records or information disclosed pursuant to this subsection shall not be further disclosed.

(d) The records of any such youth, or any part thereof, shall be available to the victim of the crime committed by such youth to the same extent as the record of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior Court is available to a victim of the crime committed by such defendant. The court shall designate an official from whom such victim may request such information. Information disclosed pursuant to this subsection shall not be further disclosed.

(e) Any reports and files held by the Court Support Services Division regarding any such youth who served a period of probation may be accessed and disclosed by employees of the division for the purpose of performing the duties contained in section 54-63b .

(f) Information concerning any such youth who has escaped from an institution to which such youth has been committed or for whom an arrest warrant has been issued may be disclosed by law enforcement officials.

(g) Information concerning any such youth in the custody of the Department of Correction may be disclosed by the department to the parents or guardian of such youth.

(h) The information contained in and concerning the issuance of any protective order issued in a case in which a person is presumed or determined to be eligible to be adjudged a youthful offender shall be entered in the registry of protective orders pursuant to section 51-5c and may be further disclosed as specified in said section.

(i) The records of any youth adjudged a youthful offender for a violation of section 14-215 or 14-222 , subsection (b) of section 14-223 or subdivision (2) or (3) of subsection (b) or subsection (c) of section 14-224 shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether suspension of such person's motor vehicle operator's license is warranted. Such records disclosed pursuant to this subsection shall not be further disclosed.

(j) The provisions of this section, as amended by public act 05-232*, apply to offenses committed after January 1, 2006, and do not affect any cases pending on said date or any investigations involving offenses committed prior to said date.

*Note: Public act 05-232 is entitled “An Act Concerning Youthful Offender Proceedings”. (See Reference Table captioned “Public Acts of 2005” in Volume 16 which lists the sections amended, created or repealed by the act.)

Cited. 173 C. 414; 179 C. 98; 192 C. 85; 240 C. 743.

Cited. 34 CA 535. Confidentiality restrictions do not extend to records held by FBI because no language in section provides for such extension. 152 CA 300.

Cited. 30 CS 71; 33 CS 599; 38 CS 675.
Conn. Gen. Stat. § 54-89 — Connecticut Code / Title 54 / Chapter 961 / Section 54-89
Sec. 54-89. Direction of court to jury.
Status: repealed

How far jury judges of the law and of its constitutionality. 40 C. 248; 47 C. 551, 552; 69 C. 127. Cited. 46 C. 339. Jury as much bound by the law as the judge. 47 C. 551, 552. Comments on evidence permissible so long as they do not amount to directions as to verdict. 57 C. 529; 64 C. 329; 103 C. 486; 105 C. 764. Instance of charge in violation of spirit of statute. 63 C. 47. Proper for judge to state that the statute under which accused was prosecuted was valid, until repealed or pronounced otherwise by higher court. 65 C. 287; 69 C. 127. A judge has complied with provision of statute when he has given the jury instructions required to enable it to understand the nature of the offense and the questions it is to decide, to weigh the evidence applicable thereto and to intelligently decide thereon. 72 C. 43. Instruction permitting jury to determine law is error. 75 C. 218, 234. Court may state opinion on evidence; 64 C. 330; 67 C. 581; 72 C. 40; 78 C. 28; 81 C. 98; 83 C. 160; Id., 601; 87 C. 5; Id., 285; 98 C. 467; 109 C. 91; thus, may give opinion that newspaper is within statute as to obscene literature; 73 C. 18; may comment on testimony as to good character of accused; 83 C. 597; so as to testimony of an accomplice; 72 C. 321; 75 C. 326; 76 C. 342; 84 C. 152; Id., 411. Granting new trial. 65 C. 274; 69 C. 190. Rules same as in civil action. 72 C. 109; 74 C. 638; 79 C. 481. Capital case. 81 C. 22. Prior to 1921, court could not direct verdict of not guilty. 96 C. 639. But otherwise under present law. 99 C. 244; 100 C. 643. How far court may go in charge without violating rule against directing verdict of guilty. 99 C. 244; 103 C. 486; 105 C. 764. Direction of verdict of not guilty in case of one defendant held erroneous. 100 C. 643. Cited. 146 C. 327; 169 C. 377; 186 C. 696; 196 C. 519.

Cited. 8 CA 631; 10 CA 697; 15 CA 704; 19 CA 576.

Court may direct verdict of not guilty when reasoning mind could not reasonably reach conclusion other than that the evidence, under the law, is not sufficient to justify finding of guilty beyond reasonable doubt. 4 Conn. Cir. Ct. 192. Court may not direct jury to find verdict of guilty. 5 Conn. Cir. Ct. 222. Cited. 6 Conn. Cir. Ct. 650.
Conn. Gen. Stat. § 54-33e — Connecticut Code / Title 54 / Chapter 959 / Section 54-33e
Sec. 54-33e. Destruction of property.
Status: in_force

Cited. 165 C. 239; 173 C. 450.

Cited. 26 CA 667.

Cited. 30 CS 211.

Cited. 5 Conn. Cir. Ct. 44, 46; 6 Conn. Cir. Ct. 176.
Conn. Gen. Stat. § 54-47f — Connecticut Code / Title 54 / Chapter 960 / Section 54-47f
Sec. 54-47f. Conduct of investigation. Testimony of witnesses.
Status: in_force

(b) The attendance of witnesses and the production of documents at such investigation may be compelled by subpoena, signed by any official authorized to issue such process.

(c) If any witness properly summoned fails to appear or to produce any documents included in the subpoena, or if he fails to answer any proper question, the investigatory grand jury conducting the investigation may report the matter to the state's attorney for the judicial district which has been designated in subsection (a) of section 54-47d unless such state's attorney is the applicant or has been appointed to assist in such investigation, in which case the investigatory grand jury shall report the matter to the Chief State's Attorney, and such state's attorney or Chief State's Attorney, as the case may be, may file a complaint setting forth the facts at any criminal session of the superior court in such judicial district. The court shall thereupon issue a citation to the witness to appear before the court and show cause why he should not be punished as for a contempt, and if, after hearing, the court finds that he failed to appear without due cause or failed to produce any document properly to be presented to the investigatory grand jury or failed to answer any proper question in the course of the investigation, it may punish him as it might a witness failing to appear, to produce a document properly to be considered or to answer a proper question before the court.

(d) Witnesses may be examined by the investigatory grand jury conducting the investigation or by any attorney or attorneys appointed by such investigatory grand jury for such purpose. At the hearing, the official conducting the investigation shall inform the witness that he has the right to have counsel present and to consult with such counsel.

(e) The official conducting the investigation shall inform any witness who is a target of the investigation that he is a target and shall advise him that he has the right under the Constitution of the United States and the Constitution of Connecticut not to be compelled to be a witness, or to give evidence, against himself.

(f) Any attorney appointed to assist in conducting the investigation shall disclose to the investigatory grand jury any exculpatory information or material in his possession, custody or control concerning any person who is a target of the investigation.

(g) An official stenographer of the Superior Court or his assistant shall record any testimony taken at the investigation.

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

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

Cited. 45 CS 1.
Conn. Gen. Stat. § 54-142p — Connecticut Code / Title 54 / Chapter 961a / Section 54-142p
Sec. 54-142p. Letter of criminal record or no criminal record to enter United States or foreign nation.
Status: in_force

(b) The disseminating agency shall certify that the information released is accurate as of ninety days prior to release and is being disclosed only for the purpose of assisting the subject of the record in gaining entry into the United States or a foreign nation.
Conn. Gen. Stat. § 54-240h — Connecticut Code / Title 54 / Chapter 968a / Section 54-240h
Sec. 54-240h. Agency use of program address.
Status: in_force

(b) If a program participant requests that an agency use the program address pursuant to subsection (a) of this section, the agency shall accept and use the program address as the program participant's residential, work or school address, in lieu of the participant's confidential address, unless the agency receives an exemption from such use granted by the Secretary of the State pursuant to section 54-240i .
Conn. Gen. Stat. § 54-161 — Connecticut Code / Title 54 / Chapter 964 / Section 54-161
Sec. 54-161. Return to this state of person imprisoned or held in another state.
Status: in_force

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

Plain language of section makes it clear that Connecticut's extradition law does not make it mandatory to extradite a nonfugitive; section governs extradition of persons who have been removed involuntarily from the demanding state by government compulsion and such persons properly are treated as nonfugitives. 88 CA 178.
Conn. Gen. Stat. § 54-65a — Connecticut Code / Title 54 / Chapter 960 / Section 54-65a
Sec. 54-65a. Forfeiture of bond for failure to appear. Issuance of rearrest warrant or capias. Termination or reinstatement of bond. Rebate to surety.
Status: in_force

(2) When the principal whose bond has been forfeited is returned to custody pursuant to the rearrest warrant or a capias within six months after 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 surety released and the court shall order new conditions of release for the defendant in accordance with section 54-64a .

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

(b) Whenever an arrested person, whose bond has been forfeited, is returned to the jurisdiction of the court within one year after the date such bond was ordered forfeited, the surety on such bond shall be entitled to a rebate of that portion of the forfeited amount as may be fixed by the court or as may be established by a schedule adopted by rule of the judges of the court.

Statute can coexist with common law right of bail bondsman to apprehend and surrender his principal; nothing in wording of statute abrogates that right. 199 C. 537. The proper legal standard for determining whether a surety may be relieved of its obligation on a bail bond continues to be the common law rule set forth in Taylor v. Taintor , 83 U.S. 366, i.e. that a surety will be released only when the appearance of the principal at trial is made impossible by an act of God, an act of the state or pursuant to law. 301 C. 617.

This section and Sec. 54-66 do not expressly provide for, or preclude, the 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. § 54-64a — Connecticut Code / Title 54 / Chapter 960 / Section 54-64a
Sec. 54-64a. Release by judicial authority.
Status: in_force

(2) If the arrested person is charged with no offense other than a misdemeanor, the court shall not impose financial conditions of release on the person unless (A) the person is charged with a family violence crime, as defined in section 46b-38a , or (B) the person requests such financial conditions, or (C) the court makes a finding on the record that there is a likely risk that (i) the arrested person will fail to appear in court, as required, or (ii) the arrested person will obstruct or attempt to obstruct justice, or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, or (iii) the arrested person will engage in conduct that threatens the safety of himself or herself or another person. In making a finding described in this subsection, the court may consider past criminal history, including any prior record of failing to appear as required in court that resulted in any conviction for a violation of section 53a-172 or any conviction during the previous ten years for a violation of section 53a-173 and any other pending criminal cases of the person charged with a misdemeanor.

(3) The court may, in determining what conditions of release will reasonably ensure the appearance of the arrested person in court, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, and (H) in the case of a violation of section 53a-222a when the condition of release was issued for a family violence crime, as defined in section 46b-38a , the heightened risk posed to victims of family violence by violations of conditions of release.

(b) (1) Except as provided in subsection (c) of this section, any arrested person charged with the commission of a class A felony, a class B felony, except a violation of section 53a-86 or 53a-122 , a class C felony, except a violation of section 53a-87 , 53a-152 or 53a-153 , or a class D felony under sections 53a-60 to 53a-60c , inclusive, section 53a-72a , 53a-95 , 53a-103 , 53a-103a , 53a-114 , 53a-136 or 53a-216 , or a family violence crime, as defined in section 46b-38a , is presented before the Superior Court, said court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered: (A) Upon such person's execution of a written promise to appear without special conditions, (B) upon such person's execution of a written promise to appear with nonfinancial conditions, (C) upon such person's execution of a bond without surety in no greater amount than necessary, or (D) upon such person's execution of a bond with surety in no greater amount than necessary, but in no event shall a judge prohibit a bond from being posted by surety. In addition to or in conjunction with any of the conditions enumerated in subparagraphs (A) to (D), inclusive, of this subdivision, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.

(2) The court may, in determining what conditions of release will reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court after being admitted to bail, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, (H) the number and seriousness of charges pending against the arrested person, (I) the weight of the evidence against the arrested person, (J) the arrested person's history of violence, (K) whether the arrested person has previously been convicted of similar offenses while released on bond, (L) the likelihood based upon the expressed intention of the arrested person that such person will commit another crime while released, and (M) the heightened risk posed to victims of family violence by violations of conditions of release and court orders of protection.

(3) When imposing conditions of release under this subsection, the court shall state for the record any factors under subdivision (2) of this subsection that it considered and the findings that it made as to the danger, if any, that the arrested person might pose to the safety of any other person upon the arrested person's release that caused the court to impose the specific conditions of release that it imposed.

(c) (1) When any arrested person charged with the commission of a serious firearm offense, as defined in section 53a-3 , is (A) a serious firearm offender, (B) has two previous convictions for a violation of section 29-36 , 29-36a , 53-202 , 53-202a , 53-202b , 53-202c , 53-202w , 53-202aa , 53-206i , 53a-54a , 53a-54b , 53a-54c , 53a-54d , 53a-55 , 53a-55a , 53a-56 , 53a-56a , 53a-59 , 53a-60 , 53a-60a , 53a-134 , 53a-212 , 53a-216 , 53a-217 , 53a-217b or 53a-217c , (C) a previous conviction for a violation of section 29-35 , in addition to a prior conviction for a violation of section 29-36 , 29-36a , 53-202 , 53-202a , 53-202b , 53-202c , 53-202w , 53-202aa , 53-206i , 53a-54a , 53a-54b , 53a-54c , 53a-54d , 53a-55 , 53a-55a , 53a-56 , 53a-56a , 53a-59 , 53a-60 , 53a-60a , 53a-134 , 53a-212 , 53a-216 , 53a-217 , 53a-217b or 53a-217c , or (D) two or more convictions during the five-year period immediately prior to the current arrest for a violation of section 21a-277 , 21a-278 , 53a-122 or 53a-123 , is presented before the Superior Court, the court shall, in bailable offenses, promptly order the release of such person after establishing a bond amount found sufficient to reasonably ensure the appearance of the arrested person in court, and that the safety of any other person will not be endangered and upon such person's execution of a bond with or without surety in no greater amount than necessary. The prosecutorial official shall petition for the arrested person to deposit at least thirty per cent of the bond amount directly with the court, and there shall be a rebuttable presumption that the safety of other persons will be endangered without the granting of such petition. Additionally, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.

(2) When any arrested person charged with the commission of a serious firearm offense, as defined in section 53a-3 , other than a person described in subdivision (1) of this subsection, is presented before the Superior Court, the court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered: (A) Upon such person's execution of a written promise to appear without special conditions, (B) upon such person's execution of a written promise to appear with nonfinancial conditions, (C) upon such person's execution of a bond without surety in no greater amount than necessary, or (D) upon such person's execution of a bond with surety in no greater amount than necessary, but in no event shall a judge prohibit a bond from being posted by surety. The prosecutorial official may petition the court to deem such person a serious risk to the safety of another person or persons. The prosecutorial official may present any information developed by federal, state and local law enforcement agencies in the course of a criminal investigation or enforcement action, including, but not limited to, social media posts, pictures or videos threatening violence, claiming responsibility for violence or suggesting possession of a firearm. If the court finds that the arrested person poses a serious risk to the safety of another person or persons, the arrested person may only be released pursuant to subparagraph (C) or (D) of this subdivision and the arrested person shall be required to deposit at least thirty per cent of any bond amount directly with the court. Additionally, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.

(3) The court may, in determining what conditions of release will reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearances in court after being admitted to bail, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, (H) the number and seriousness of charges pending against the arrested person, (I) the weight of the evidence against the arrested person, (J) the arrested person's history of violence, (K) whether the arrested person has previously been convicted of similar offenses while released on bond, and (L) the likelihood based upon the expressed intention of the arrested person that such person will commit another crime while released.

(4) When imposing conditions of release under this subsection, the court shall state for the record any factors under subdivision (3) of this subsection that it considered and the findings that it made as to the danger, if any, that the arrested person might pose to the safety of any other person upon the arrested person's release that caused the court to impose the specific conditions of release that the court imposed.

(d) If the court determines that a nonfinancial condition of release should be imposed pursuant to subparagraph (B) of subdivision (1) of subsection (a) or (b) of this section, the court shall order the pretrial release of the person subject to the least restrictive condition or combination of conditions that the court determines will reasonably ensure the appearance of the arrested person in court and, with respect to the release of the person pursuant to subsection (b) or (c) of this section, that the safety of any other person will not be endangered, which conditions may include an order that the arrested person do one or more of the following: (1) Remain under the supervision of a designated person or organization; (2) comply with specified restrictions on such person's travel, association or place of abode; (3) not engage in specified activities, including the use or possession of a dangerous weapon, an intoxicant or a controlled substance; (4) provide sureties of the peace pursuant to section 54-56f under supervision of a designated bail commissioner or intake, assessment and referral specialist employed by the Judicial Branch; (5) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; (6) maintain employment or, if unemployed, actively seek employment; (7) maintain or commence an educational program; (8) be subject to electronic monitoring; or (9) satisfy any other condition that is reasonably necessary to ensure the appearance of the person in court and that the safety of any other person will not be endangered. The court shall state on the record its reasons for imposing any such nonfinancial condition.

(e) If the arrested person is not released, the court shall order him committed to the custody of the Commissioner of Correction until he is released or discharged in due course of law.

(f) The court may require that the person subject to electronic monitoring pursuant to subsection (d) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, the court shall waive such costs. Any contract entered into by the Judicial Branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed five dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.

See Sec. 18-100f re release by Commissioner of Correction.

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

Cited. 201 C. 115; 222 C. 331. Section affords Superior Court judge broad discretion in fixing nonfinancial conditions of defendant's release for purpose of ensuring, inter alia, the safety of others, including restrictions on entering a specific place of abode and on having contact with alleged victim of the crime with which defendant has been charged. 273 C. 418.

Cited. 22 CA 199.
Conn. Gen. Stat. § 54-130e — Connecticut Code / Title 54 / Chapter 961 / Section 54-130e
Sec. 54-130e. Provisional pardons. Certificates of rehabilitation.
Status: in_force

(1) “Barrier” means a denial of employment or a license based on an eligible offender's conviction of a crime without due consideration of whether the nature of the crime bears a direct relationship to such employment or license;

(2) “Direct relationship” means that the nature of criminal conduct for which a person was convicted has a direct bearing on the person's fitness or ability to perform one or more of the duties or responsibilities necessarily related to the applicable employment or license;

(3) “Certificate of rehabilitation” means a form of relief from barriers or forfeitures to employment or the issuance of licenses, other than a provisional pardon, that is granted to an eligible offender by (A) the Board of Pardons and Paroles pursuant to this section, or (B) the Court Support Services Division of the Judicial Branch pursuant to section 54-108f ;

(4) “Eligible offender” means a person who has been convicted of a crime or crimes in this state or another jurisdiction and who is a resident of this state and (A) is applying for a provisional pardon or is under the jurisdiction of the Board of Pardons and Paroles, or (B) with respect to a certificate of rehabilitation under section 54-108f , is under the supervision of the Court Support Services Division of the Judicial Branch at the time of such person's application;

(5) “Employment” means any remunerative work, occupation or vocation or any form of vocational training, but does not include employment with a law enforcement agency;

(6) “Forfeiture” means a disqualification or ineligibility for employment or a license by reason of law based on an eligible offender's conviction of a crime;

(7) “License” means any license, permit, certificate or registration that is required to be issued by the state or any of its agencies to pursue, practice or engage in an occupation, trade, vocation, profession or business; and

(8) “Provisional pardon” means a form of relief from barriers or forfeitures to employment or the issuance of licenses granted to an eligible offender by the Board of Pardons and Paroles pursuant to subsections (b) to (i), inclusive, of this section.

(b) The Board of Pardons and Paroles may issue a provisional pardon or a certificate of rehabilitation to relieve an eligible offender of barriers or forfeitures by reason of such person's conviction of the crime or crimes specified in such provisional pardon or certificate of rehabilitation. Such provisional pardon or certificate of rehabilitation may be limited to one or more enumerated barriers or forfeitures or may relieve the eligible offender of all barriers and forfeitures. Such certificate of rehabilitation shall be labeled by the board as a “Certificate of Employability” or a “Certificate of Suitability for Licensure”, or both, as deemed appropriate by the board. No provisional pardon or certificate of rehabilitation shall apply or be construed to apply to the right of such person to retain or be eligible for public office.

(c) The Board of Pardons and Paroles may, in its discretion, issue a provisional pardon or a certificate of rehabilitation to an eligible offender upon verified application of such eligible offender. The board may issue a provisional pardon or a certificate of rehabilitation at any time after the sentencing of an eligible offender, including, but not limited to, any time prior to the eligible offender's date of release from the custody of the Commissioner of Correction, probation or parole. Such provisional pardon or certificate of rehabilitation may be issued by a pardon panel of the board or a parole release panel of the board.

(d) The board shall not issue a provisional pardon or a certificate of rehabilitation unless the board is satisfied that:

(1) The person to whom the provisional pardon or the certificate of rehabilitation is to be issued is an eligible offender;

(2) The relief to be granted by the provisional pardon or the certificate of rehabilitation may promote the public policy of rehabilitation of ex-offenders through employment; and

(3) The relief to be granted by the provisional pardon or the certificate of rehabilitation is consistent with the public interest in public safety, the safety of any victim of the offense and the protection of property.

(e) In accordance with the provisions of subsection (d) of this section, the board may limit the applicability of the provisional pardon or the certificate of rehabilitation to specified types of employment or licensure for which the eligible offender is otherwise qualified.

(f) The board may, for the purpose of determining whether such provisional pardon or certificate of rehabilitation should be issued, request its staff to conduct an investigation of the applicant and submit to the board a report of the investigation. Any written report submitted to the board pursuant to this subsection shall be confidential and shall not be disclosed except to the applicant and where required or permitted by any provision of the general statutes or upon specific authorization of the board.

(g) If a provisional pardon or a certificate of rehabilitation is issued by the board pursuant to this section before an eligible offender has completed service of the offender's term of incarceration, probation, parole or special parole, or any combination thereof, the provisional pardon or the certificate of rehabilitation shall be deemed to be temporary until the eligible offender completes such eligible offender's term of incarceration, probation, parole or special parole. During the period that such provisional pardon or certificate of rehabilitation is temporary, the board may revoke such provisional pardon or certificate of rehabilitation for a violation of the conditions of such eligible offender's probation, parole or special parole. After the eligible offender completes such eligible offender's term of incarceration, probation, parole or special parole, the temporary provisional pardon or certificate of rehabilitation shall become permanent.

(h) The board may at any time issue a new provisional pardon or certificate of rehabilitation to enlarge the relief previously granted, and the provisions of subsections (b) to (f), inclusive, of this section shall apply to the issuance of any new provisional pardon or certificate of rehabilitation.

(i) The application for a provisional pardon or a certificate of rehabilitation, the report of an investigation conducted pursuant to subsection (f) of this section, the provisional pardon or the certificate of rehabilitation and the revocation of a provisional pardon or a certificate of rehabilitation shall be in such form and contain such information as the Board of Pardons and Paroles shall prescribe.

(j) If a provisional pardon or certificate of rehabilitation issued under this section or section 54-108f is revoked, the barriers and forfeitures thereby relieved shall be reinstated as of the date the person to whom the provisional pardon or certificate of rehabilitation was issued receives written notice of the revocation. Any such person shall surrender the provisional pardon or certificate of rehabilitation to the issuing board or division upon receipt of the notice.

(k) The board may revoke a permanent provisional pardon or certificate of rehabilitation if the board is notified or becomes aware that the person to whom it was issued was convicted of a crime, as defined in section 53a-24 , after the issuance of the provisional pardon or certificate of rehabilitation. Nothing in this subsection shall require the board to continue monitoring the criminal activity of any person to whom the board has issued a provisional pardon or certificate of rehabilitation but who is no longer under parole or special parole supervision.

(l) Not later than October 1, 2015, and annually thereafter, the board shall submit to the Office of Policy and Management and the Connecticut Sentencing Commission, in such form as the office may prescribe, data on the number of applications received for provisional pardons and certificates of rehabilitation, the number of applications denied, the number of applications granted and the number of provisional pardons and certificates of rehabilitation revoked.
Conn. Gen. Stat. § 54-74 — Connecticut Code / Title 54 / Chapter 960 / Section 54-74
Sec. 54-74. Remission of fine.
Status: in_force

Cited. 222 C. 331; 231 C. 514.
Conn. Gen. Stat. § 54-240i — Connecticut Code / Title 54 / Chapter 968a / Section 54-240i
Sec. 54-240i. Exemption from use of program address by agency.
Status: in_force

(b) During the review and evaluation by the Secretary of the State, and any appeal, if applicable, of an agency's exemption request, the agency shall use the program participant's program address.

(c) The Secretary of the State's determination to grant or deny an exemption request shall be based on, but need not be limited to, an evaluation of the information provided by the agency pursuant to subsection (a) of this section.

(d) If the Secretary of the State determines that there is a statutory or regulatory requirement that the agency use the program participant's confidential address and that the confidential address will be used only to comply with such requirement, the Secretary of the State shall issue a written exemption for the agency. The Secretary of the State may include in the exemption (1) the agency's obligation to maintain the confidentiality of the program participant's confidential address, (2) limitations on the use of or access to the confidential address, (3) the term for which the exemption is granted, (4) a designation of the record format in which the confidential address may be maintained, (5) a designation of a disposition date after which the agency may no longer maintain a record of the participant's confidential address, and (6) any other provisions and qualifications deemed appropriate by the Secretary of the State. Any agency that is granted an exemption may not make the program participant's confidential address available for inspection or copying by persons other than those identified in the exemption request as having access to the confidential address, except (A) if directed by a court order, to a person identified in such order, or (B) if notified by the Secretary of the State that the program participant's certification has been cancelled.

(e) Prior to granting an exemption, the Secretary of the State shall notify the program participant of the exemption, including the name of the agency and the reason or reasons for the exemption.

(f) If the Secretary of the State determines that there is no statutory or regulatory requirement that the agency use the program participant's confidential address, the Secretary of the State shall issue a written denial of the exemption request. Such written denial shall include a statement of the reason or reasons for the denial.

(g) The granting or denial of the agency's exemption request pursuant to this section constitutes a final decision. The program participant or any other party aggrieved by such decision may appeal therefrom in accordance with the provisions of section 4-183 .
Conn. Gen. Stat. § 54-130a — Connecticut Code / Title 54 / Chapter 961 / Section 54-130a
Sec. 54-130a. (Formerly Sec. 18-26). Jurisdiction and authority of board to grant commutations of punishment, releases, pardons and certificates of rehabilitation.
Status: in_force

(b) The board shall have authority to grant pardons, conditioned, provisional or absolute, or certificates of rehabilitation for any offense against the state at any time after the imposition and before or after the service of any sentence.

(c) The board may accept an application for a pardon three years after an applicant's conviction of a misdemeanor or violation and five years after an applicant's conviction of a felony, except that the board, upon a finding of extraordinary circumstances, may accept an application for a pardon prior to such dates.

(d) Prior to holding a session to consider whether to grant any commutation of punishment, release or pardon in the case of any person convicted of any offense against the state, the board shall, upon written request, provide the state's attorney for the jurisdictional district in which any conviction for such offense was obtained with a copy of the convicted person's application, any materials and documentation filed in support thereof, except for any information contained in the application, materials and documentation that are confidential, privileged and nondisclosable pursuant to state or federal law, any information obtained by the board about the convicted person pursuant to section 54-130c , and shall permit such state's attorney, or such state's attorney's designee, to appear at such session for the purpose of making a statement for the record concerning whether the convicted person should be granted any such commutation of punishment, release or pardon.

(e) Whenever the board grants an absolute pardon to any person, the board shall cause notification of such pardon to be made in writing to the clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convicted in the Court of Common Pleas, the Circuit Court, a municipal court, or a trial justice court.

(f) Whenever the board grants a provisional pardon or a certificate of rehabilitation to any person, the board shall cause notification of such provisional pardon or certificate of rehabilitation to be made in writing to the clerk of the court in which such person was convicted. The granting of a provisional pardon or a certificate of rehabilitation does not entitle such person to erasure of the record of the conviction of the offense or relieve such person from disclosing the existence of such conviction as may be required.

(g) In the case of any person convicted of a violation for which a sentence to a term of imprisonment may be imposed, the board shall have authority to grant a pardon, conditioned, provisional or absolute, or a certificate of rehabilitation in the same manner as in the case of any person convicted of an offense against the state.

(h) The board shall not deny any application for a pardon, unless the board provides a statement in writing to the applicant of the factors considered when determining whether the applicant qualified for the pardon and an explanation as to which factors were not satisfied.

Annotations to former section 18-26:

Cited. 124 C. 123; 145 C. 60; 152 C. 601. Board may revoke an absolute commutation prior to actual release of prisoner if factual basis for commutation proves to be erroneous and justification for granting commutation thereby abrogated. 206 C. 267. Cited. 208 C. 420.

Cited. 15 CA 161; 26 CA 132.

Cited. 26 CS 181; 35 CS 516.